Agenda for Regular Common Council Meeting

1 Regular Council Meeting July 21, 2026 AGENDA FOR 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 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) Report from the Chair. 7.2. Public Works Committee (Meeting held July 8, 2026) Report from the Chair. RECOMMENDATIONS: 7.2.1. Approve Amendment V to the Electrical Services Agreement between the City of Superior and Benson Electric Company. 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. 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. 7.3. Finance Committee (No meeting to report) [20260721R 1] 2 Regular Council Meeting July 21, 2026 7.4. Licenses and Fees Committee (No meeting to report) 7.5. Public Safety Committee (Meeting held July 16, 2026) Report from the Chair. RECOMMENDATIONS: 7.5.1. Approve broadband fiber installation service for North End Fire Hall through Hanco Utilities in the amount of $44,428.00. 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. 8.2.2. Plan Commission (Meeting held July 14, 2026) Report from the Chair. 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. 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. 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. 8.3. REPORTS SANS RECOMMENDATIONS [20260721R 2] 3 Regular Council Meeting July 21, 2026 9. OLD BUSINESS 10. NEW BUSINESS 10.1. Miscellaneous licenses. 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. 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). 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. 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. 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. In compliance with Wisconsin Open Meetings Law, this agenda was posted on 07/17/2026 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. [20260721R 3] 1 Regular Council Meeting July 7, 2026 PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN July 7, 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 Present: Nick Ledin, Sarah Anderson, Garner Moffat, Jack Sweeney, Joe Radtke, Tylor Elm, Karly Caven, Mike Herrick, Rob Hering, Lindsey Graskey – 10 Virtual: Absent: Also Present: Mayor Paine, City Attorney Prell, Chief of Staff Bernacki, City Clerk Blunt, Deputy City Clerk Bacon 3. PRESENTATIONS AND PUBLIC HEARINGS 4. APPROVAL OF MINUTES 4.1. June 16, 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 6.2. Committee, Board, and Commission Appointments MOTION TO APPROVE the appointments of: • To the Police & Fire Commission appoint Jennifer Sims for a 5-year term expiring May 2031; • To the Metropolitan Interstate Council appoint Mayor Jim Paine as an alternate member for a 1-year term expiring May 2027; • To the Golf Course Committee re-appoint Barb Hoag, Troy Clark, and Lindsey Graskey for a 1-year term expiring May 2027; • To the Redevelopment Authority of the City of Superior appoint Mike Herrick for a 1-year term expiring May 2027. MOTION by Councilor Ledin, was seconded by Councilor Anderson and carried via voice vote. [20260721R 4] 2 Regular Council Meeting July 7, 2026 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (Meeting held June 15, 2026) Report from Councilor Sweeney. RECOMMENDATIONS: 7.1.1 Approve a 2-step increase within Grade I of the non-union pay plan for Lead Coordinated Response Specialist Jen Stank from Step 5 ($38.94/hour) to Step 7 ($40.89/hour) following the wage review study recommendation from Cottingham & Butler. MOTION TO APPROVE, by Councilor Ledin, was seconded by Councilor Graskey, and carried. 7.1.2 Approve the Position Control Policy. MOTION TO APPROVE, by Councilor Graskey, was seconded by Vice President Moffat, and carried. 7.2. Public Works Committee (No meeting to report) 7.3. Finance Committee (Meeting held June 23, 2026) Report from Councilor Sweeney. 7.4. Licenses and Fees Committee (No meeting to report) 7.5. Public Safety Committee (Special meeting held June 18, 2026) Report from Councilor Elm. RECOMMENDATIONS: 7.5.1 Approve O26-4429, an ordinance amending the City Code, Chapter 112 – Traffic Code, Schedule A – Stops, Section 3 – One- and Two-Way Stops, to Add Oakes Avenue at North 22nd Street as a Two-Way Stop. MOTION TO APPROVE, by President Herrick, was seconded by Councilor Elm and carried. 7.5.2 Approve agreement between the City of Superior and TouchPhrase Development, LLC d/b/a Julota for police case management software in the amount of $31,345.00. MOTION TO APPROVE, by Councilor Elm, was seconded by President Herrick and carried. 7.5.3 Approve amending the Towing Services Agreement by and between the City of Superior and Duke’s Towing, Inc. MOTION TO APPROVE, by Councilor Elm, was seconded by Councilor Anderson and carried. [20260721R 5] 3 Regular Council Meeting July 7, 2026 7.5.4 Approve O26-4430, an ordinance amending City Code, Chapter 22 – Animals, Article III – Keeping of Animals, to create Section 22-69 – Roosters Prohibited. MOTION TO APPROVE by Councilor Radtke, was seconded by Councilor Elm. MOTION TO REFER to Planning Committee by Vice President Moffat, was seconded by Councilor Ledin, and carried. 8. SPECIAL COMMITTEE REPORTS 8.1. REPORTS WITH RECOMMENDATIONS 8.2. REPORTS SANS RECOMMENDATIONS 8.2.1. Police & Fire Commission (Meeting held June 24, 2026) Report from the Chair. 8.2.2. Golf Course Committee (Meeting held June 25, 2026) Report from the Chair. 9. OLD BUSINESS 10. NEW BUSINESS 10.1. Miscellaneous licenses. MOTION TO APPROVE, by Councilor Ledin, was seconded by Vice President Moffat and carried. 10.2. Original Cigarette, Tobacco, and Electronic Vaping Device retail license application for WI Cstore Inc., doing business as WI Cstore, located at 311 Belknap Street (Agent: Tracey Bowman) for the over-the-counter sales of cigarettes, tobacco products, and electronic vaping devices for current license period through June 30, 2027. MOTION TO APPROVE the Cigarette, Tobacco, and Electronic Vaping Device Retail License subject to the condition that the licensee permit quarterly inspections by the Planning Director, Building Inspector, or their designees during normal business hours for the purpose of verifying compliance with City Code § 122-614(42), including the percentage of gross public floor area devoted to, and stock in trade consisting of, cigarettes, tobacco products, and electronic vaping products by President Herrick, was seconded by Councilor Sweeney, and carried. 10.3. Original Class “A” Beer and “Class A” Liquor - Cider Only license application for WI Cstore Inc., doing business as WI Cstore, located at 311 Belknap Street (Agent: Tracey Bowman) for current license period through June 30, 2027. MOTION TO APPROVE the Class “A” Beer and “Class A” Liquor – Cider Only Retail License subject to the condition that the licensee permit quarterly [20260721R 6] 4 Regular Council Meeting July 7, 2026 inspections by the Planning Director, Building Inspector, or their designees during normal business hours for the purpose of verifying compliance with City Code § 122-614(42), including the percentage of gross public floor area devoted to, and stock in trade consisting of, cigarettes, tobacco products, and electronic vaping products by President Herrick, was seconded by Councilor Sweeney, and carried. 10.4. Original Cigarette, Tobacco, and Electronic Vaping Device retail license application for WI Cstore Inc., doing business as WI Cstore, located at 406 Belknap Street (Agent: Tracey Bowman) for the over-the-counter sales of cigarettes, tobacco products, and electronic vaping devices for current license period through June 30, 2027. MOTION TO APPROVE the Cigarette, Tobacco, and Electronic Vaping Device Retail License subject to the condition that the licensee permit quarterly inspections by the Planning Director, Building Inspector, or their designees during normal business hours for the purpose of verifying compliance with City Code § 122-614(42), including the percentage of gross public floor area devoted to, and stock in trade consisting of, cigarettes, tobacco products, and electronic vaping products by President Herrick, was seconded by Councilor Sweeney, and carried. 10.5. Original Class “A” Beer and “Class A” Liquor - Cider Only license application for WI Cstore Inc., doing business as WI Cstore, located at 406 Belknap Street (Agent: Tracey Bowman) for current license period through June 30, 2027. MOTION TO APPROVE the Class “A” Beer and “Class A” Liquor – Cider Only Retail License subject to the condition that the licensee permit quarterly inspections by the Planning Director, Building Inspector, or their designees during normal business hours for the purpose of verifying compliance with City Code § 122-614(42), including the percentage of gross public floor area devoted to, and stock in trade consisting of, cigarettes, tobacco products, and electronic vaping products by President Herrick, was seconded by Councilor Sweeney, and carried. 10.6. Request to enlarge the licensed premises for Walmart #1447, located at 3705 Tower Avenue, for the current license period ending on June 30, 2027. Product licenses include: Class “A” Beer, “Class A” Liquor (Cider Only), Cigarettes, and Tobacco. MOTION TO APPROVE, by Councilor Anderson, was seconded by Councilor Ledin and carried. 10.7. Amend the Premise for a special event license application for JKCG Enterprises, LLC, dba Birds Bar, located at 5801 Tower Avenue (Agent: Kim Lear), for Birds South End Street Dance/BirdsBash on July 18, 2026, pending police department approval. MOTION TO APPROVE, by Councilor Ledin, was seconded by Councilor Anderson and carried. 10.8. Amend the Premise for a special event license application with one-day cabaret license for Jimmy’s Saloon, LLC, dba Jimmy’s Saloon, located at 1812 Iowa Avenue (Agent: [20260721R 7] 5 Regular Council Meeting July 7, 2026 Keith Kern), for Billings Park Days on August 7th through 9th, 2026, pending police department approval. MOTION TO APPROVE, by Councilor Hering, was seconded by President Herrick and carried. 10.9. Amend the Premise for a special event for DHL Management, dba Head of the Lakes Fair, located at 4700 Tower Avenue (Agent: Daniel Litchke), for Head of the Lakes Fair from July 21st through July 25, 2026, pending police and fire inspection approvals. MOTION TO APPROVE, by Councilor Elm, was seconded by Vice President Moffat and carried. 10.10. R26-13879, a resolution to temporarily relocate the polling place for the August 11, 2026 Partisan Primary for voters in the 5th and 7th Aldermanic districts (Precinct 3) from the Conference Center (Entrance #3) to the Trades Hall Student Lounge (Entrance #4) at Northwood Technical College. MOTION TO APPROVE, by Councilor Caven, was seconded by Vice President Moffat and carried. 10.11. R26-13880, a resolution of the Common Council of the City of Superior, Wisconsin Approving the Form of Notice of Assignment of Leases (CHS Inc. Projects). NO ACTION TAKEN 11. BUSINESS BY PUBLIC Meeting adjourned at 7:03 p.m. Respectfully submitted, Heidi Blunt, City Clerk Superior, Wisconsin Approved this 21st day of July, 2026. Attest: ____________________________________ Mayor ____________________________________ City Clerk [20260721R 8] PUBLIC WORKS COMMITTEE – 7/08/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 1 of 4 *Attended virtually PUBLIC WORKS COMMITTEE MINUTES July 8 2026 Regular Meeting The meeting was called to order by Councilor Ledin at 5:00 p.m. on July 8, 2026, in Government Center Room 204. COMMITTEE MEMBERS: Nick Ledin, Garner Moffat, Tylor Elm, Joe Radtke (alt.) 1. ROLL CALL Members Present: Nick Ledin, Garner Moffat, Tylor Elm, Joe Radtke City Staff Present: Chris Carlson, Kara Czapinski, Jim Paine, Steve Roberts, Rob Hering, Patrick Rhode, Frog Prell Others Present: Shelley Nelson, Bill Fennesssey, Justin Bernacki, TS*, SBS* Jenny Van Sickle* 2. APPROVAL OF MINUTES 2.1. Public Works Committee (Meeting held June 4, 2026) MOTION by Elm, second by Moffat and carried to approve the minutes from June 4, 2026. 3. OLD BUSINESS 3.1. Discussion and recommendation of a report submitted by Raftelis Financial Consultants evaluating the acquisition of utilities operated by Superior, Water, Light & Power. Mayor Paine indicated that the city is currently waiting for the final reports from Rafaelis Financial Consultants regarding electric and gas utilities, whereas the report on the water utility is prepared for presentation. 3.1.1 Recommendation of referendum and public meeting schedules. Mayor Paine indicated that the scheduling of public meetings and potential referendums is being organized to ensure readiness for a possible fall election. The committee examined statutory deadlines, identifying August 20th as the last date for the Council to establish a referendum for the fall ballot. Various options were considered, including fall, spring, or special elections, with a general agreement against special elections due to logistical difficulties. Legal counsel noted that while the city cannot promote a specific referendum outcome, it is permitted to offer informational resources to the public. The committee emphasized the necessity for clear and direct referendum questions, ensuring legal defensibility, with attorneys tasked to prepare sample questions for evaluation. Mayor Paine announced forthcoming public meetings, including a debate at the Superior Public Library on July 30th at 6:00 p.m., moderated by County Board Chairman Mark Liebert. The potential engagement of consultants and expert witnesses to address technical inquiries from the public and Council was also discussed. The committee decided to retain the matter until the August meeting, awaiting the final electric and gas reports, after which a special meeting [20260721R 9] PUBLIC WORKS COMMITTEE – 7/08/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 2 of 4 *Attended virtually may be convened to review all information and finalize recommendations for the referendum. MOTION by Ledin, second by Elm and carried to hold item 3.1.1 until the August 6, 2026, Public Works Committee Meeting. SBS left the meeting virtually at 5:27 p.m. 4. NEW BUSINESS It was decided to speak on item 4.4 first. 4.4 Discussion on City of Superior Ordinance 114-62(e) Hauled Waste Charges. Councilor Hering expressed concerns regarding the ramp fee associated with hauled waste charges, highlighting the lower costs of Duluth's facilities. Director Carlson clarified that the fee structure for hauled waste is determined by a multiplier of the residential rate, incorporating both fixed and variable components to accurately reflect service costs without yielding profit or imposing a burden on other residents. Director Roberts noted that the ramp fee contributes approximately $15,000 annually to the total revenue of $110,000–$130,000 for the hauler station, which was designed to break even following a 2017 adjustment. To facilitate informed decision-making in the future, the committee requested a comprehensive analysis and comparisons with other municipalities. Director Roberts was assigned the task of preparing a detailed memo for the upcoming August meeting, which will include financial data, potential options, and recommendations concerning the ramp fee and overall rate structure. TS left the meeting virtually at 5: 28 p.m. Frog Prell left the meeting at 5:29 p.m. MOTION by Elm, second by Moffat and carried to hold item 4.4 until the August 6, 2026, Public Works Committee Meeting. Bill Fennessey left the meeting at 5:53 p.m. 4.1. Recommendation to approve an Amendment to the city’s Electrical Services Contract with Benson Electric Company. Director Carlson emphasized the enduring partnership with Benson Electric, highlighting their extensive knowledge, quick responsiveness, and the intricate nature of emergency repairs. Mayor Paine and committee members deliberated on the financial implications and potential risks associated with pursuing competitive bids, pointing out that new contractors would be unfamiliar with the system, which could result in increased costs and inefficiencies. The committee raised concerns about the implications of switching vendors during a significant bridge project, underscoring the importance of maintaining continuity and expertise in critical infrastructure endeavors. The contract features rates deemed standard within the industry, and the committee also addressed recent union negotiations and safety requirements that could influence the terms of the contract. [20260721R 10] PUBLIC WORKS COMMITTEE – 7/08/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 3 of 4 *Attended virtually MOTION by Moffat, second by Elm and carried to approve the Amendment to the city’s Electrical Services Contract with Benson Electric Company. Rob Hering and Jim Paine left the meeting at 5:55 p.m. 4.2. Recommendation to modify City of Superior Ordinance 34-73 to expand the City’s Delegated Authority for Commercial Plan Review. Chief Building Inspector Rhode stated that the city is currently evaluating small commercial projects but plans to broaden its scope to include all project sizes by partnering with a local and experienced third-party agent, Redline Plan Review. This initiative aims to significantly decrease review times from the current six to eight weeks with the state to a maximum of 15 days with Redline, thereby retaining more revenue within the city and offering developers the flexibility to choose between city or state plan reviews. During the committee meeting, members addressed the limited revenue potential, which does not warrant the hiring of additional full-time staff, and highlighted the benefits of collaborating with a local provider that possesses state-level expertise. MOTION by Elm, second by Moffat and carried to approve the changes to City of Superior Ordinance 34-73 to expand the City’s Delegated Authority for Commercial Plan Review. Jenny Van Sickle left the meeting virtually at 6:11 p.m. 4.3. Recommendation to award a contract with Redline Plan Review for performance of Commercial Plan Review. MOTION by Elm, second by Moffat and carried to award a contract with Redline Plan Review for performance of Commercial Plan Review. 5. RECURRING BUSINESS 5.1 ESD Director’s Update – Received and Filed Director Roberts provided an update on the operations for May, highlighting the volumes of effluent discharge and the maintenance activities that are currently underway, while noting that there were no significant operational issues encountered. 5.2 Director Update – 5.1.1 Patrick Rhode has taken on the role of Chief Building Inspector, and it is important to acknowledge the contributions of Brian Bustrak, the former chief, who has recently retired after his dedicated service to the city. His will be greatly missed. 5.1.2 Scott Lavoie is the new Plumbing Inspector for the city. 5.1.3 The city is in the process of replacing lead service lines, which is resulting in temporary traffic disruptions on Tower Avenue. This current phase is anticipated to [20260721R 11] PUBLIC WORKS COMMITTEE – 7/08/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 4 of 4 *Attended virtually continue for approximately two weeks before moving on to road overlay work. 5.3 Future Agenda Items 5.1.1 Discussion and recommendation of a report submitted by Raftelis Financial Consultants evaluating the acquisition of utilities operated by Superior, Water, Light & Power. 5.1.2 Recommendation of referendum and public meeting schedules. 5.1.3 Discussion on City of Superior Ordinance 114-62(e) Hauled Waste Charges. 5.4 Confirm the next meeting date as August 6, 2026, at 5:00 p.m. in Room 204 of the Government Center. 6 ADJOURNMENT Councilor Ledin announced the meeting adjourned at 6:18 p.m. Respectfully submitted by Kara Czapinski [20260721R 12] MEMORANDUM Date: July 02, 2026 Council Agenda Date: July 21, 2025 TO: Mayor Jim Paine and the Common Council FROM: Chris Carlson, Public Works Director RE: Amendment to the Electrical Services Contract with Benson Electric I am recommending approval of an amendment to the city’s electrical services contract with Benson Electric. The amendment extends the period of the contract through May 29, 2027 and updates the hourly rate schedule. 1. Introduction - Benson Electric is the city’s contactor for the routine maintenance and on-call repair services of city traffic signals and street lighting. 2. Background - Benson Electric has years of experience and knowledge with our system. They have performed the work well with a high level of quality and responsiveness. Work is often unpredictable caused by unexpected failures or vehicle damage. Accidents occur late at night and become an emergency when a street light is lying in the street or a traffic signal is inoperable. Benson Electric responds immediately to address the issue. The amendment includes an adjustment to their rate schedule. The increases average approximately 7%. The most common used unit price, Journeyman Electrician with Service Van, increased 5% from $128 to $135. 3. Budget Source - This work will continue to be paid from the budgeted general fund accounts for traffic signal repair and street light repair. 4. Conclusion - I recommend approval of an amendment to the city’s electrical services contract with Benson Electric extending the period of the contract through May 29, 2027 with updated hourly rates. Recommended: ________________________________ Mayor Jim Paine Public Works Department Phone: (715) 395-7334 Fax: (715) 395-7346 E-mail: publicworks@ci.superior.wi.us Website: www.ci.superior.wi.us Public Works Director Todd Janigo 1316 N 14th Street, Suite 200 Superior, WI 54880 [20260721R 13] 1 1 Amendment V To the Electrical Services Agreement Between The City of Superior And Benson Electric Company This Amendment made this ___ day of July 2026, by and between Benson Electric Company, (herein known as ‘Contractor’), and the City of Superior, a municipal corporation, through its Public Works Department (herein known as ‘City’) are parties to an Agreement dated February 15, 2022, for traffic signal and street lighting repairs and modifications on City-owned traffic signals and fixtures. Both Parties desire to amend the Agreement as follows: 1.3 Article II - Contract Price The Owner shall pay the Contractor for the performance of this contract an amount based upon the unit prices contained in Exhibit A for the actual measured quantities of work done on a time and material basis. Unit prices are attached as Attachment A to this Amendment. Attachment A is by reference hereby incorporated into this Amendment. Contractor shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this agreement and is not entitled to further payments until corrected to the satisfaction of the Director of Public Works at the cost of the Contractor. The City will inform the Contractor of any deficiencies and/or items that do not conform to this contract within thirty (30) days of receipt. Unless otherwise provided in the special provisions, payments are to be made to the Contractor within 30 days of receipt of an approved payment application/invoice on the basis of written approval of estimates by the Owner of the value of the work performed during the preceding billing period. Contractor must provide approved monthly detailed invoices to the City. All invoices shall identify the specific services performed at identified locations for which payment is requested, date of service, description of the services, materials, the applicable rates and photos of any damage caused by a person or vehicle. 2.6 TERM OF AGREEMENT The term of this agreement shall be from the date of the agreement through May 31, 2027. [20260721R 14] 2 All other terms and conditions of this agreement remain in full force and effect. The parties, intending to be legally bound, have executed this amendment on the day and year set forth above. The Contractor represents that it has the authority to enter into the Amendment. If the Contractor is not an individual, the person(s) signing on behalf of the Contractor represents and warrants that they have been duly authorized to bind the Contractor and sign this Amendment on the Contractor’s behalf. Signatures SIGNED AND SEALED: COMPANY: Benson Electric Company ADDRESS: 1102 North Third Street, Superior, Wisconsin 54880 PHONE: 715-394-5547 _____________________________ William T. Slattengren, President ATTEST: CITY OF SUPERIOR, WISCONSIN ______________________________ ___________________________________ Jim Paine, Mayor Heidi Blunt, City Clerk ______________________________ ___________________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. Approved by the Superior Common Council on: [20260721R 15] BENSON ELECTRIC COMPANY Contractors, Manufacturers And Engineers 1102 North Third Street Superior, Wisconsin 54880 715-394-5547 Motorshop 715-394-5547 Billing Rates for City of Superior for the Period May 31, 2026 through May 29, 2027 Electrical Construction Personnel: Rate Per Hour Foreman Electrician 133.00 Journeyman Electrician 118.00 Journeyman Electrician with Service Van 135.00 Apprentice Electrician 94.00 With Truck add to hourly rate 14.00 Journeyman with van roadway work w/o barricades 147.00 105.00 Limited Energy Personnel: Foreman Tech With Service Van 133.00 Journeyman Technician with Service Vehicle 127.00 Journeyman Installer 84.00 135.00 Motor Shop On Site Service Call 94.00 In Shop Repair 82.00 Manufacturing Department Personnel: Machinist 82.00 Delivery: Pickup Truck and Driver, Plus .725/mil 68.00 Shop Help 65.00 Rental: Trencher $300/day Fusion Splicer $60/hr-$180/day Fiber optic tester/Cat 6 $50/Hr-$150/day Power Quality Analyzer $20/Hr-Daily $60-Wk $240 Bucket/Boom Truck $400/day-$100/Hr Cable & Fault Locator $85.00/day Mini-excavator with trailer $125/HR $500/day Tow Behind Lift $200/day-$50/HR Material Markup 10% Subcontractor or expense plus 10% When working on any county,state or federal roadway a 13% Labor rate increase applies where permanent barricades are not present Safety Manager-Training-Advising Subsistance for all jobs outside of 35 mile radius of Lake Ave & Superior Street in Duluth (as determined by google maps) - $25.00 Subsistance for all jobs outside of 70 mile radius of Lake Ave & Superior Street in Duluth (as determined by google maps) will be paid for Board & Room (if employee stays overnight) at the current GSA rate and for Meals & Incidentals as established June first of each year Apprentice labor roadway work w/o barricades [20260721R 16] Memorandum TO: The Public Works Committee FROM: Patrick Rohde, Assistant Chief Building Inspector DATE: June 25, 2026 RE: SCO CH. 34 - Commercial Plan Review The Building Inspection Division requests the following amendment to SCO. Sec. 34-73 parens (f) as it relates to the Delegated Authority for commercial plan review by the Wisconsin Department of Safety and Professional Services. The City Building Inspection Division may request delegation as an appointed agent for review of commercial buildings and structures of all sizes. This increased delegation will improve the wait times for large commercial building plan reviews within the City of Superior. (f) Commercial building. State approved plans must be submitted with the application for a building or construction permit. The City of Superior is authorized (SPS 361.60) to perform plan review for the following list of building categories and also do commercial buildings and structures of all sizes within the city, and perform inspections of all commercial buildings and structures as an agent of the state, including those for which the department of safety and professional services does the plan review:. (1) New buildings containing less than 50,000 cu. ft. total volume; (2) Additions to existing buildings where the total volume after construction of the addition is less than 50,000 cu. ft.; (3) Additions to existing buildings containing no more than 2,500 sq. ft., no more than one floor level, 18-foot maximum roof span and 12-foot maximum exterior wall height; and (4) Alterations to an existing building where the area of altered space is less than 100,000 cu. ft. of total volume. This ordinance change is a requirement from the Department of Safety and Professional Services when a change in delegation occurs. The delegation as an appointed agent requires plan review oversight by a WI licensed design professional such as an engineer or architect. While the proposed plan is to contract with a third party, The City could also elect to hire a design professional as a full-time employee in the Building Inspection Division Public Works Department Phone: (715) 395-7288 Fax: (715) 395-7346 Website: www.superiorwi.gov Email: buildingsafety@superiorwi.gov 1316 North 14th Street Suite 230 Superior, WI 54880 [20260721R 17] Building Inspection Division if contracting with a third party becomes undesirable. Additionally, nothing would prevent The City or permit applicants from electing to have projects reviewed by DSPS as they are able to do currently. It is my opinion that receiving delegation as an appointed agent could only benefit The City and permit applicants as it would allow for more plan review options and quicker review times while not reducing any services or plan review options that are currently available. Sincerely, Patrick Rohde Asst. Chief Building Inspector Building Inspection Division City of Superior [20260721R 18] O26-4431: Appointed Agent Delegation for Review of Commercial Building and Structures 1 ORDINANCE #O26-4431 AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING CITY CODE, CHAPTER 34 – CONSTRUCTION CODE, ARTICLE IV – BUILDING PERMIT APPLICATIONS, SECTION 34-73 – OTHER REQUIRED 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. The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. Chapter 34 – Construction Code, Article IV – Building Permit Applications, Section 34-73 – Other Requirement Information, is hereby amended to read as follows: (a) Erosion control plan. An approved erosion control plan in accord with section 34-201 and a copy of the NOI submitted to the department of natural resources shall be submitted with an application for a building permit unless exempt from this requirement. An erosion control or grading permit is required before any construction or grading is performed if over the limits set by section 34-201. (b) Post construction stormwater management plan. An approved post construction stormwater management plan in accord with section 114-210 shall be submitted with the building permit application unless exempt from this requirement. No land disturbing construction activity subject to the limits set by section 114-210 may begin with out a post-construction "storm water management" permit. (c) Driveway permit.Section 106-110 "It shall be unlawful for any person having ownership, charge, control, operation or management of any real property to construct any driveway or any motor vehicle entry, exit, or access from the real property onto any public street, or to cut the curb fronting upon, abutting upon, adjacent to, or contiguous to the real property, or to widen an existing curb, driveway, entry, exit or access without having first obtained a permit therefore." A driveway permit shall be obtained before a building permit application is submitted for any new structure requiring a new access to a street, alley or public way. (d) Parking lot landscaping. Approval procedure (section 122-725). (1) Prior to the issuance of any building permit, all required landscape plans shall be reviewed and approved by the planning director. No landscaping plan shall be approved unless it conforms to the requirements of chapter 122, section 122-725, except as noted elsewhere in this chapter. (2) All landscaping areas shall be provided and all landscape materials shall be installed consistent with the approved landscaping plan, prior to the issuance of a certificate of occupancy. (e) Zoning approval. All the requirements of chapter 122 shall be reviewed and approved by the planning director before the building permit or construction permit application is approved or issued. This shall include proposed building use, building height and area, setbacks, outdoor lighting, landscaping, site drainage, buffers, number of parking spaces, surface of parking spaces, and other plan components listed in chapter 122. [20260721R 19] O26-4431: Appointed Agent Delegation for Review of Commercial Building and Structures 2 (f) Commercial building. State approved plans must be submitted with the application for a building or construction permit. The City of Superior is authorized (SPS 361.60) to perform plan review for the following list of building categories and also do commercial buildings and structures of all sizes within the city, and perform inspections of all commercial buildings and structures as an agent of the state, including those for which the department of safety and professional services does the plan review: (1) New buildings containing less than 50,000 cu. ft. total volume; (2) Additions to existing buildings where the total volume after construction of the addition is less than 50,000 cu. ft.; (3) Additions to existing buildings containing no more than 2,500 sq. ft., no more than one floor level, 18-foot maximum roof span and 12-foot maximum exterior wall height; and (4) Alterations to an existing building where the area of altered space is less than 100,000 cu. ft. of total volume. (g) Commercial building other. State approved plans for HVAC, plumbing, lighting and emergency lighting, fire suppression systems, and any other structural or mechanical systems, assemblies or components requiring state approval must be submitted with the permit application in accordance with the state plan approval procedure. The City of Superior Building Inspector may require state approval at his or her option not to review plans per SPS 361.60(5)(d)1. (h) Heat or energy loss calculations. Calculations, methods, programs or other procedures approved by the department of safety and professional services to show conformance with the appropriate minimum energy standard for the type of structure shall be submitted with the building permit application. (i) Dwellings—Water calculation worksheet. A water calculation worksheet shall be submitted with all plumbing permit applications for new construction and large additions as determined by the building or plumbing inspector. (j) Dwellings—Makeup air and combustion air worksheet. A makeup air and combustion air worksheet shall be submitted with all building permit or mechanical (HVAC) permit applications for new construction, large additions and alterations to mechanical systems. SECTION 2. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 3. 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 4. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. [20260721R 20] O26-4431: Appointed Agent Delegation for Review of Commercial Building and Structures 3 Passed and adopted this 21st day of July, 2026. Approved this 21st day of July, 2026. ________________________________________ Mayor Attest: ____________________________________ City Clerk [20260721R 21] Memorandum TO: The Public Works Committee FROM: Patrick Rohde, Assistant Chief Building Inspector DATE: June 25, 2026 RE: SCO CH. 34 - Commercial Plan Review The Building Inspection Division has recognized the need for the expansion of our services to provide commercial property owners, contractors, and developers with a streamlined plan review process for projects exceeding our current delegation of small commercial building projects, which include the following: • New structures containing less than 50,000 cubic feet total volume. • Additions to existing structures where the total volume after construction of the addition is less than 50,000 cubic feet. • Additions to existing structures containing no more than 2,500 square feet of floor area and no more than one floor level provided an 18-foot maximum roof span and 12-foot maximum exterior wall height. • Alterations of spaces involving less than 100,000 cubic feet of volume. Through a contractual agreement with an independent inspection agency, the City Building Inspection Division may request delegation as an appointed agent for the review of commercial buildings and structures of all sizes. This increased delegation will significantly improve the wait times for large commercial building plan reviews. Currently, projects that are beyond the scope of our delegation must be reviewed by the State of Wisconsin DSPS. The average DSPS plan review timeline is 5-7 weeks after complete submittal. Under an agreement with a third-party review agency, the review would be completed in no more than 15 days after complete submittal. Additionally, review fees that would normally be paid to DSPS would instead be paid to the third -party review agency, with the Building Inspection Division receiving revenue at a rate of 10% of the review fee that remains after a required 10% contribution to DSPS by the review agency. This revenue could either be retained by the department or be used in unique ways to either offset permit costs for the project applicant or as a scholarship fund for local students. I am recommending a one-year contract with Redline Plan Review for the review of all projects of 50,000 cubic feet or larger. Redline has demonstrated their capabilities to myself and the department, and I believe that this partnership would be a grea t benefit to our city. Please see the attached contract for information and terms. Sincerely, Patrick Rohde Asst. Chief Building Inspector Building Inspection Division Building Inspection Division Public Works Department Phone: (715) 395-7288 Fax: (715) 395-7346 Website: www.superiorwi.gov Email: buildingsafety@superiorwi.gov 1316 North 14th Street Suite 230 Superior, WI 54880 [20260721R 22] Agreement Professional Services Agreement This Agreement made this ____ day of July 2026, by and between Redline Plan Review, LLC, located in Superior, Wisconsin (herein known as ‘Consultant’), and the City of Superior, a municipal corporation, through its Public Works Department (herein known as ‘City’). The parties to this Agreement shall be bound by the following terms and conditions. Scope Consultant services include the tasks, activities and requirements to conduct building, heating, ventilation and air conditioning (HVAC), fire alarm, and/or fire sprinkler plan reviews for buildings containing a volume of 50,000 cubic feet or greater that are submitted by applicants seeking approval. Upon request by the City, the Consultant shall also review any other requested plan review that is less than 50,000 cubic feet. The Consultant shall perform reviews and take initial review action within fifteen (15) business days following receipt of a complete submittal package. Consultant shall perform services within scope of this Agreement to complete delegated plan review responsibilities under the State of Wisconsin Department of Safety and Professional Services (DSPS) requirements, including initial reviews, resubmittal reviews, written correction notices, code interpretations, coordination with applicants, maintenance of required records, and issuance of approvals, or denials,as authorized by law. Repeated failure to meet turnaround requirements shall constitute a material breach of this Agreement. Consultant shall immediately disclose any actual or potential conflict of interest involving a project under review. Consultant shall be solely responsible for code interpretations and review decisions rendered under its delegated authority. Consultant shall maintain all certifications, approvals, licenses, registrations, delegated authority, and qualifications required by Wisconsin DSPS and applicable law throughout the term of this Agreement. Loss of any required authority shall constitute a material breach and grounds for immediate termination. If there are other tasks identified by the City that are beyond the scope identified in this section, these will be considered extra services and can be added to this Agreement by an amendment. Term The term of this Agreement shall be from the date of this Agreement through June 30, 2027. This Agreement may be extended or amended by written amendment upon mutual agreement of terms and conditions. Payments to the City The Consultant shall collect all plan review fees for the projects submitted to the Consultant for review. The Consultant shall submit the fees to the DSPS as required by their delegation [20260721R 23] requirements. The Consultant shall submit to the City ten percent (10%) of the review fee remaining after the payment to DSPS has been made for their portion. Payments due the City shall be remitted monthly no later than the fifteenth (15th) day of the following month. The Consultant shall submit to the City a monthly report identifying the following: Project name, permit number, fees collected, DSPS fees paid, amount retained, amount due to the City. The City shall have the right to audit the Consultant’s books and records relating to fees collected, payments made to DSPS and amounts payable to the City. Changes to services and/or fees that are agreed to by both parties shall be acknowledged in an amendment signed by both parties. Insurance Consultant shall provide up-to-date, accurate professional liability information on Consultant’s Data Record, including amount of insurance, deductible, carrier and expiration date of coverage. Consultant shall furnish the City with an endorsement for earlier notice of cancellation and/or non-renewal and the Certificate of Insurance showing the type, amount, deductible, effective date and date of expiration of such policy. Consultant shall not cancel or materially alter this coverage without prior written approval by the City. Consultant shall be responsible for consultants maintaining professional liability insurance during the life of their Agreement and for 2 years after final acceptance for the service. Consultant and its subconsultants retained under the terms of this Agreement shall procure and maintain professional liability insurance providing for payment of the insured's liability for errors, omissions or negligent acts arising out of the performance of the professional services required under this Contract. It is hereby agreed and understood that the insurance required by the City is primary coverage and that any insurance or self-insurance maintained by the City, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss caused solely by Consultant. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the Agreement or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. WORKERS COMPENSATION AND EMPLOYERS LIABILITY A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease - Each Employee [20260721R 24] 3. ADDITIONAL INSURANCE PROVISIONS A. Primary and Non -contributory requirement - all insurance must be primary and non - contributory to any insurance or self-insurance carried by City B. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. C. Additional Insured Requirements - The following must be named as additional insureds on the General Liability and Business Automobile liability coverage arising out of project work - City, and its officers, council members, agents, employees and authorized volunteers. This does not apply to Workers Compensation Policies. D. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. E. Evidences of Insurance - Prior to execution of the agreement, the Consultant shall file with the City a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. F. Provide a waiver of subrogation in favor of the City for the workers’ compensation and liability insurances. Agreement General Terms and Conditions 1. No Relationship. Consultant understands and agrees that the relationship of Consultant and the City arising out of this Agreement is that of a contracted service provider, not an employee or contracted employee of the City or any other entity within the municipality, and therefore, is not entitled to any benefits provided to employees of the City. 2. Taxes. Consultant will act as an independent contractor and will be responsible for all federal, state and local taxes arising in accordance with Consultant’s performance of this contract. 3. Confidentiality. Both parties shall diligently protect the confidentiality of any information, documentation or communication transmitted to or received from the City that contains personal, financial or other information of a confidential nature, and shall not disclose said information to any other persons, organizations or entities without the expressed written approval of the other party, except that Consultant may disclose confidential information that is reasonably necessary to defend itself in the event of a dispute. Nothing herein shall be construed to conflict with the obligations under Wisconsin Public Records Law, Wis. Stat. §19.31, et. Seq. 4. Qualifications. By accepting this Agreement, Consultant represents that they possess the necessary skills and qualifications to perform work under this Agreement. Consultant will comply with all applicable local, state, and federal licensure requirements and will provide proof upon request. 5. Legal Relations. Recommendations, policies, procedures and other communications provided by the Consultant under this Agreement will comply with all applicable laws, ordinances, rules and regulations promulgated and enforced by the City and any other proper authority having [20260721R 25] jurisdiction over the conduct of the operations of the City. The Consultant shall comply with and observe federal, state and local laws that may be applicable to the project. In carrying out provisions of this Agreement or exercising power or authority granted to the Consultant thereby, there shall be no personal liability to the City, it being understood that in such matters the City acts as representatives of the State. The Consultant is not an agent of the State. 6. Assignment of Agreement. The Consultant shall not subcontract, assign or transfer any part of this work to any other parties without the express written agreement of the City. 7. Claims. Claims, disputes and other matters in question arising from the performance of this contract shall be brought to the Director of Public Works for review and mutual resolution. If the parties cannot mutually resolve the matters in question, the parties shall endeavor to settle disputes by mediation. A demand for mediation shall be filed, in writing, within a reasonable period of time after a claim, dispute, or other matter in question has arisen. In no event shall a demand for mediation be made after the date when the institution of legal or equitable proceedings, based upon such a claim, dispute, or other matter in question would have been barred by an applicable statute of limitations. 8. Ownership of Documents. If applicable, all deliverables prepared by the Consultant or any party pursuant to this Agreement shall become the property of the City of Superior on completion and acceptance of any of the Consultant’s work, or upon termination of the Agreement and upon payment with the terms of this Agreement, and shall be delivered to the City of Superior upon request. All review comments, correspondence, reports, electronic files, databases, and project records created under this Agreement shall be maintained for a minimum of seven (7) years after completion or termination. 9. Indemnifications. Consultant hereby agrees to indemnify, defend and hold harmless the City its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all third-party suits, actions, legal or administrative proceedings, claims, demands, damages, and liabilities, (“Third-party Claim”) directly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any negligent acts, errors, omissions, recklessness, willful misconduct, or violation of law, whether active or passive, of Consultant or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. Failure to provide notice shall not relieve Consultant of its obligations except to the extent Consultant demonstrates actual prejudice. The Consultant may assume the defense of a Third-Party Claim with counsel reasonably acceptable to the City. The City may participate in the defense with counsel of its choosing at its own expense. No settlement involving admission of liability, monetary obligation, or other obligation of the city may entered into without the City’s written consent. The City, its elected and appointed officials will be responsible for their own legal expenses and costs if they choose to hire additional counsel. In the event that Consultant employs other firms, corporations or entities (subcontractor) or volunteers as part of the work covered by this Agreement, it shall be the Consultant’s responsibility [20260721R 26] to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. Neither party shall be liable for any indirect, incidental, consequential, special, or punitive damages arising out of this Agreement. The limitations of liability contained in this section shall not apply to Consultant’s indemnification obligations, claims arising from Consultant’s gross negligence, willful misconduct, fraud, violation of law, infringement of intellectual property rights , breach of confidentiality obligations, or obligations covered by insurance required under this Agreement. Nothing contained in this Agreement shall be construed as a waiver of any defenses, immunities, or limitations of liability available to the City, including those provided under Wis. Stat. § 893.80 and all other applicable law. This indemnity provision shall survive the termination or expiration of this Agreement. 11. Termination. This Agreement may be terminated by either party without cause upon ten (10) days written notice to the other. If Consultant fails to perform any obligation under this Agreement, City may provide written notice of default. Consultant shall have ten (10) days to cure. Failure to cure constitutes material breach. The City may immediately terminate for loss of licenses, loss of DSPS delegation, failure to maintain insurance, fraud, misconduct, or material breach. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the maters contained herein and supersedes all other written and oral agreements between the parties with respect to such matters. 13. Modification. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties. 14. Force Majeure. Each party shall be excused from any breach of this Agreement which is caused by war, strike, act of Nature or other similar circumstances normally deemed outside the control of well-managed businesses. 15. Governing Law. The Agreement will be interpreted, and the rights and liabilities of the Parties determined, in accordance with the laws of the State of Wisconsin. 16. Public Records. Consultant acknowledges that records relating to this Agreement may constitute public records under Wis. Stat § 19.31 et seq. Consultant shall cooperate with City in responding to public records requests and shall provide requested records promptly. 17. Headings and Captions. Headings and Captions appear solely for convenience of reference. Such headings and captions are not part of this Agreement and shall not be used to construe it. [20260721R 27] 18. Validity. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 19. Integrated Agreement. This Agreement contains the entire agreement and understanding among the parties regarding the matters set forth herein and supersedes all previous negotiations, discussions, and understandings regarding such matters. The parties acknowledge and represent that they have not relied on any promise, inducement, representation, or other statement made in connection with this Agreement that is not expressly contained herein. The terms of this Agreement are contractual and not a mere recital. 20. Safety And Security. The Consultant shall at all times perform in a safe and workmanlike manner to avoid injury or damage to any person or property. The Consultant shall comply with applicable requirements and specifications relating to the safety, health and sanitation measures applicable to this Agreement. The Consultant shall exercise the applicable necessary precautions for the safety of its employees, and be in compliance with applicable federal, state and local laws, statutes, ordinances, rules and regulations. Including, but not limited to, the Wisconsin Labor Code, The U.S. Department of Transportation Omnibus Transportation Employee Testing Act, and OSHA standards. The Consultant shall provide its employees with all necessary safeguards, devices and protective equipment, including but not limited to adequate life protection and lifesaving equipment, and shall ensure the proper inspection and maintenance of safety measures are current and in compliance. The City may halt progress on any project where appropriate safety measures and equipment are not being used or any safety regulations are not being followed. Services will not be permitted to resume until required safety provisions have been made and delays as a result of this provision will not be considered a basis for an increase in the Agreement price or an extension of the completion deadline. 21. Standard of Care. Consultant represents that it will perform the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same locality. To the extent Consultant’s services do not meet this standard of care; Consultant shall re-perform its work at no cost to the City. 22. Non-Discrimination. Upon execution of this Agreement, Contractor agrees as follows: Contractor and all Subcontractors do not discriminate against any employee, applicant for employment, independent contractor, or any other persons because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 23. Authority. The Consultant represents that it has the authority to enter into this Agreement. If the Consultant is not an individual, the person(s) signing on behalf of the Consultant represents and warrants that they have been duly authorized to bind the Consultant and sign this Agreement on the Consultant’s behalf. [20260721R 28] The parties intending to be legally bound have executed this Agreement on the day and year set forth above. Signatures Company: Redline Plan Review, LLC Address: 916 Hammond Ave, Suite 100 Superior, WI 54880 _____________________________ Thomas A. Westlund ATTEST: CITY OF SUPERIOR, WISCONSIN ___________________________________ Jim Paine, Mayor Heidi Blunt, Clerk ___________________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. [20260721R 29] Public Safety Committee minutes 07/16/2026 Page 1 of 2 PUBLIC SAFETY COMMITTEE MINUTES – JULY 16, 2026 MEETING The meeting was called to order by Councilor Elm at 6:00 p.m. on July 16, 2026, in Government Center Room 270. 1 ROLL CALL MEMBERS PRESENT: Councilor Tylor Elm-Chair, Councilor Sarah Anderson, Councilor Joe Radtke-Alternate ABSENT: Councilor Mike Herrick-Vice Chair CITY STAFF PRESENT: Fire Chief Camron Vollbrecht, Police Chief Paul Winterscheidt*, Police Sergeant Nicholas Eastman, Administrative Assistant Nikki Kalan, Councilor Rob Hering (entered the meeting at 6:20PM) OTHERS PRESENT: Rene Sheridan-Resident (left the meeting at 6:24PM) *virtual 2 APPROVAL OF MINUTES 2.1 Public Safety Committee (06/18/26 minutes) 3 OLD BUSINESS 3.1 Discussion and Consideration of limiting the number of chickens, fowl, and waterfowl allowed at each residence MOTION to hold in committee until the next meeting by Councilor Radtke, second by Councilor Anderson. 3.2 Discussion and Consideration of specifications on required housing and enclosures for fowl and waterfowl MOTION to hold in committee until the next meeting by Councilor Anderson, second by Councilor Radtke. 4 NEW BUSINESS 4.1 Discussion on Central Park Area Safety and Traffic Concerns – Request from Councilor Radtke • 10th Ave E and 7th St • 10th Ave E and 6th St • 11th Ave E and 6th St Resident Rene Sheridan discussed concerns with kids biking in the neighborhood and have almost been hit by vehicles multiple times. There was some discussion on replacing the yield signs on 10th Ave E and 7th Street with stop signs and adding stop signs at 11th Ave E and 6th Street to slow traffic down. Councilor Radtke states there are signs closer to the railroad around 10th Ave E and 7th Street and he will find out if those can possibly be replaced as well. MOTION to hold in committee until the next meeting by Councilor Elm, second by Councilor Anderson. [20260721R 30] Public Safety Committee minutes 07/16/2026 Page 2 of 2 4.2 Discussion on Billings Park Area Safety and Traffic Concerns • Garfield and 21st St • Wyoming and 21st St Councilor Hering has received traffic complaints in this area as Love Creamery opened and traffic has increased. Public Works recently painted new crosswalks in this area. Several options were discussed such as moving the Missouri Avenue RRFB to Garfield, purchasing a new RRFB, stop signs on 21st Street at Garfield or Wyoming, and/or getting in touch with a DOT engineer to get their input as we cannot predict the traffic changes once the bridge shuts down. Committee members would like further input from Public Works Director Chris Carlson. MOTION to hold in committee until the next meeting by Councilor Radtke, second by Councilor Anderson. 4.3 Recommendation to approve the contract with Hanco Utilities in the amount of $44,428.00 for the North End Fire Station Fiber Installation, and forward to the full City Council for approval – Request from Chief Vollbrecht MOTION to approve by Councilor Radtke, second by Councilor Anderson, will send to full City Council for approval. 5 RECURRING BUSINESS 5.1 Police and Fire Department Updates 5.2 Future Agenda Items 5.2.1 Discussion and Consideration of limiting the number of chickens, fowl, and waterfowl allowed at each residence 5.2.2 Discussion and Consideration of specifications on required housing and enclosures for fowl and waterfowl 5.2.3 Discussion on Central Park Area Safety and Traffic Concerns – Request from Councilor Radtke • 10th Ave E and 7th St • 10th Ave E and 6th St • 11th Ave E and 6th St 5.2.4 Discussion on Billings Park Area Safety and Traffic Concerns • Garfield and 21st St • Wyoming and 21st St 5.3 Confirm the next meeting date as August 20, 2026, at 6:00 PM in Room 204 of the Government Center 6 ADJOURNMENT AT 7:26PM BY COUNCILOR ELM [20260721R 31] 1 | P a g e Public Safey Committee Meeting Date: July 16th, 2026 MEMORANDUM Date: July 10th, 2026 To: Members of the Public Safety Committee From: Camron Vollbrecht, Fire Chief RE: North End Fire Station Fiber Install Contract with Hanco Utilities. Introduction Fire Chief Vollbrecht is requesting the Public Safety Committee approve the contract with Hanco Utilities in the amount of $44,428.00 for the North End Fire Station Fiber Installation, and forward to the full City Council for approval. Background and Proposals Received The Fiber Install at North End Fire Station will allow for high-speed connection to the internet and to other city buildings. The city has fiber installation contract rates in place with Hanco Utilities. Budget Source The cost for the Fiber Install was included in the budget for the North End Fire Station. Recommendation It is the recommendation of the Superior Fire Department recommend and approve the contract with Hanco Utilities in the amount of $44,428.00 for the Fiber Installation for North End Fire Station, and forward to the full City Council for approval Superior Fire Department Phone: (715) 395-1680 FireDept4@ci.superior.wi.us www.SuperiorWI.gov Camron Vollbrecht, Fire Chief Superior Fire Department 3326 Tower Avenue Superior, WI 54880 [20260721R 32] 2 | P a g e Approved:____________________________________ Date:__________________ Chairperson Elm Denied:______________________________________ Date:__________________ Chairperson Elm [20260721R 33] HANCO UTILITIES, Inc. YOUR WBE CONTRACTOR 128 N 21st St DATE: June 9, 2026 Superior, WI QUOTE # 6092026 Phone: (715) 394-2626 Email: info@hancoutilities.com BY: Jeff Bright TO: FOR: Stephanie Becken Connect Superior - City of Superior Firehall Fiber Install Labor Description Unit Quantity Rate Amount Directional Bore 2" lin/ft 1900 14.86$ 28,234.00$ 12F & Mule Tape Placement lin/ft 2900 1.50$ 4,350.00$ 17" HH Placement each 3 450.00$ 1,350.00$ 24" HH Placement each 4 600.00$ 2,400.00$ Tree Protection each 10 100.00$ 1,000.00$ Enter Existing HH each 1 275.00$ 275.00$ Single Fiber Splicing each 4 100.00$ 400.00$ Case Re-Enter each 1 275.00$ 275.00$ SUBTOTAL 38,284.00$ Materials Description Unit Quantity Rate Amount 2" HDPE Duct lin/ft 1900 0.56$ 1,064.00$ 12 Count Fiber lin/ft 2900 0.40$ 1,160.00$ 11x18 Handhole each 3 220.00$ 660.00$ 36x24 Handhole each 4 440.00$ 1,760.00$ Mule Tape lin/ft 3000 0.50$ 1,500.00$ SUBTOTAL 6,144.00$ Comment or Instructions: Quantities are estimated Actuals to be invoiced Permits and Traffic Control if required are not included 44,428.00$ QUOTE QUOTE TOTAL Install 12 Count fiber to Firehall [20260721R 34] CIT COMMITTEE MINUTES JULY 13, 2026 Regular Meeting The meeting was called to order by Chair Elm at 5:01 pm on January 13, 2026 in Government Center Room 270. COMMITTEE MEMBERS: Tylor Elm, Karly Caven, Dave Dusek, Dan Lindberg 1. ROLL CALL Members Present: Tylor Elm, Dan Lindberg, Dave Dusek, Karly Caven Members Absent: City Staff Present: Dan Shea, Stephanie Becken, Justin Bernacki Others Present: 2. APPROVAL OF MINUTES 2.1. CIT Committee (Meeting held January 15, 2026) MOTION MADE BY DAVE DUSEK, SECONDED BY DAN LINDBERG AND CARRIED TO APPROVE THE JANUARY 15, 2026 CIT COMMITTEE MINUTES. 3. NEW BUSINESS 3.1 ConnectSuperior Update. ---Restoring for Phase 2 starting this week. ---ConnectSuperior Staff have been involved in community engagement at the Library, July 4th Celebration and will do Bayside Sounds. ---Talked about a two-part build in 2027 and 2028. ---Would pass almost 9,000 homes after 2028. 3.2 REVIEW AND RECCOMMENT TO COUNCIL: WIN, LLC MASTER SERVICE AGREEMENT AMENDMENT FOR NETWORK OPERATIONS SERVICES ---Right sizes us for hours and licensing. ---Extended contract from 24 to 48 months. MOTION MADE BY DAVE DUSEK , SECONDED BY DAN LINDBERG AND CARRIED TO APPROVE WIN, LLC MASTER SERVICE AGREEMENT AMENDMENT FOR NETWORK OPERATIONS SERVICES 3.3 REVIEW AND RECOMMEND TO COUNCIL: MOU WITH DULUTHIAN NETWORKS FOR FREE PUBLIC WI-FI ---Wi-Fi will only be available during Park Hours. ---City handles the pipe, ISP in charge of end-users at City-owned properties. ---Amendment: Branding for all connection pages and connection points will be shared and agreed upon by both parties. [20260721R 35] MOTION MADE BY DAN LINDBERG, SECONDED BY DAVE DUSEK AND CARRIED TO APPROVE MOU WITH DULUTHIAN NETWORKS FOR FREE PUBLIC WI-FI 4. RECURRING BUSINESS 4.1. None 5. ADJOURNMENT Councilor Elm announced the meeting adjourned at 6:08 pm. Respectfully submitted by Dan Shea. [20260721R 36] Date: July 15, 2026 Common Council Meeting Date: July 21, 2026 M E M O R A N D U M TO: Honorable Mayor Paine and Members of the Common Council FROM: Stephanie Becken, Broadband Manager RE: WIN, LLC Service Amendment 3 RECOMMENDATION – It is the recommendation of IT Director Shea and ConnectSuperior Broadband Manager Becken to approve a service agreement amendment with WIN, LLC, extending the duration of the agreement and reducing services and costs. The CIT Committee reviewed and made their recommendations to amend the existing agreement with WIN, LLC at their July 13, 2026, meeting. BACKGROUND- On April 2nd, 2025, the City entered into a 24-month agreement Network Management Services Service Request Agreement with WIN, LLC. This original agreement was for 24/7 network monitoring over the total expanse of the existing ConnectSuperior network. The City and WIN, LLC have worked together to tailor these services to the current needs of the ConnectSuperior network, considering the features of the ConnectSuperior system and the expanding abilities of ConnectSuperior staff. This amendment will extend the agreement from 24 months to 48 months. In this amendment, the base hour services will be reduced from 20 hours to 10 hours per month. The monthly recurring charge (MRC) will also be reduced from $2,000 to $1,000. The total savings will be $2,750 per month. This amendment reflects most accurately the needs and efforts of the network by WIN based on the system now being fully operational and the ConnectSuperior staff gained experience. BUDGET SOURCE-ConnectSuperior is partially funded through designated American Rescue Plan funds, fiber utility revenue, and the budget granted from the City Council for 2026. CONCLUSION – Please approve this amendment that reduces cost extends duration. Recommended: _______________________________ Mayor Jim Paine [20260721R 37] Amendment to Service Agreement P a g e | 1 of 2 AMENDMENT 3 TO NETWORK MANAGEMENT SERVICES SERVICE REQUEST BETWEEN WIN, LLC AND CITY OF SUPERIOR THIS AMENDMENT is entered into effective as of the last date of signature below, by and between WIN, LLC (“WIN”), and City of Superior (“Customer”). WIN and Customer are also each individually referred to as a “Party” and collectively as “Parties.” WHEREAS, the Parties entered into a Network Management Services Service Request (“Prior Services Agreement”) on April 2, 2025, which was subsequently amended on August 8, 2025 and January 26, 2026; and WHEREAS, Customer desires to decrease Base Hours from twenty (20) to ten (10) hours, reduce the Dedicated Resource Retainer monthly recurring charge from $2,000.00 to $1,000.00 per month, and amend the Initial Service Term from twenty-four (24) months to forty-eight (48) months. NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. As of the Effective Date of Amendment 3, the Base Hours of the Prior Services Agreement shall decrease from twenty (20) to ten (10) Base Hours at the rate of $175.00 per hour. The NOC Service monthly recurring charge shall decrease from $3,500.00 to $1,750.00. Accordingly, Section 3.2.1 of the Prior Services Agreement shall be amended and replaced as follows: 1. Call Center Service a. Each month, WIN will provide up to ten (10) hours (“Base Hours”) of NOC Call Center Services at the rate of $175.00 per hour. Any hours provided in addition to the Base Hours will be billed to Customer at WIN’s Additional Support rate (“Excess Hours”) set forth in Section 5 (Variable Services Rates). 2. As of the Effective Date of Amendment 3, the monthly recurring charge (“MRC”) for the Dedicated Resource Retainer shall be reduced from $2,000.00 to $1,000.00. Accordingly, Section 3.2.2 of the Prior Services Agreement shall be amended and replaced as follows: 2. Dedicated Resource Retainer a. Each month, WIN will provide access to a dedicated resource and priority escalation support during major incidents, outages, or Customer-impacting events. The Dedicated Resource Retainer, billed at $1,000.00 per month, will include non-labor-based services such as management oversight, reporting infrastructure, customer-specific procedures, and an established escalation framework. [20260721R 38] Amendment to Service Agreement P a g e | 2 of 2 3. As of the Effective Date of this Amendment 3, the Initial Service Term shall be amended from twenty-four (24) to forty-eight (48) months. Accordingly, Section 2 of the Prior Services Agreement shall be amended and replaced as follows: 2. Service Term and Implementation Timeline This Service Request is effective as of the Effective Date set forth above. The Service Term and billing of the monthly recurring charges will commence as of the Service Activation Date and shall continue in effect for forty-eight (48) months (“Initial Service Term”). Non-recurring charges will be invoiced upon execution of this Service Request. Following expiration of the Initial Service Term, Services shall automatically renew for successive one (1) month periods (each a “Renewal Service Term” and, together with the Initial Service Term, the “Service Term”) at WIN’s then-current rates unless terminated by either Party upon thirty (30) days’ written notice. Planned implementation of Services shall proceed as coordinated by WIN and Customer. Other Services requested during the Service Term will be implemented on a schedule mutually agreed to by the Parties. 4. Except as expressly amended herein, all of the terms and conditions of and exhibits and addenda to the Prior Services Agreement are unaffected by this Amendment and shall remain in full force and effect. IN WITNESS WHEREOF: City of Superior WIN, LLC BY: BY: NAME: NAME: Scott A. Hoffmann TITLE: TITLE: CEO DATE: DATE: [20260721R 39] Date: July 15, 202 City Council Meeting Date: July 21, 2026 M E M O R A N D U M TO: Honorable Mayor Paine and Members of the Common Council FROM: Stephanie Becken, Broadband Manager RE: Duluthian Networks, LLC MOU RECOMMENDATION – It is the recommendation of IT Director Shea and ConnectSuperior Broadband Manager Becken to approve a memorandum of understanding (MOU) between the City of Superior and Duluthian Networks LLC for the purpose of establishing the responsibilities of both parties in offering public wireless internet service on City-owned properties. The CIT Committee reviewed at their July 13, 2026 meeting and recommended additional language: “Branding for all connection pages and connection points will be shared and agreed upon by both parties.” Duluthian Networks, LLC is amenable to change in terms. The attached MOU contains the additional language. BACKGROUND- The City of Superior, through the fiber utility, ConnectSuperior would like to offer free public-Wi-Fi in public areas within the established ConnectSuperior utility service area. Internet Service Providers currently on the network were asked for interest in participation. Duluthian Networks, LLC expressed interest in providing the equipment and service for free public wireless internet service. Per the terms of the MOU, Duluthian Networks will work with City staff to offer free Wi-Fi at agreed upon locations within the city. The City will install the necessary fiber drops at various locations. Duluthian will supply, install, and provide the Wi-FI equipment and service at no cost to the City. The City will install signage where the free public Wi-Fi is available. BUDGET SOURCE-ConnectSuperior is partially funded through designated American Rescue Plan funds, fiber utility revenue, and the budget granted from the City Council for 2026. CONCLUSION – Please approve this memorandum of understanding. Recommended: _______________________________ Mayor Jim Paine [20260721R 40] MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUPERIOR AND DULUTHIAN NETWORKS LLC This Memorandum of Understanding (MOU) is entered into by and between the City of Superior, Wisconsin, a municipal corporation (City), and Duluthian Networks, LLC, a limited liability company, located at 4411 Venture Avenue, Duluth, Minnesota (Duluthian) (collectively or individually referred to as ‘Parties” or ‘Party’), for the purpose of establishing the respective responsibilities of the City and Duluthian for the installation, operation, maintenance, and provision of public wireless internet service (Wi-Fi Service) at various City-owned properties, effective ____________, 2026 (Effective Date). The Wi-Fi Service is a wireless networking technology that will allow devices such as computers, mobile devices, and other equipment to interface with the Internet. TERM This MOU shall commence on the Effective Date and remain in effect until terminated in writing in accordance with the terms of this MOU. DULUTHIAN RESPONSIBILITIES Duluthian shall install, secure, operate, monitor, maintain, repair, and replace all Duluthian- owned equipment necessary to provide the Wi-Fi Service, comply with applicable laws, maintain cybersecurity safeguards, and provide public Wi-Fi Service at designated City-owned properties. Branding for all connection pages and connection points will be shared and agreed upon by both parties. All Duluthian installed equipment remains the property of Duluthian, unless otherwise agreed in writing. Wi-Fi Service is provided as a free public convenience without guarantee of availability, speed, reliability, or security. In the event of an outage, Duluthian shall investigate and take corrective action within 24 hours of the notification. Duluthian equipment shall be installed in City approved locations and using City approved methods. CITY RESPONSIBILITIES The City shall provide, maintain, and repair the fiber drop necessary for the Wi-Fi Service. The fiber drop is the physical fiber connection bridging the main network to the service location and device required to allow provisioning of the Wi-Fi Service. The City shall provide a non- exclusive revocable license to access City-owned designated properties and coordinate access to approved structures and locations. [20260721R 41] The City shall provide signage to signify that there is free public access to Wi-Fi Service and it is provided by the City and Duluthian. Signage will include contact information for technical difficulties. The City will provide the appropriate electrical outlets and pay for all electrical costs associated with the Wi-Fi Services covered under this MOU. FEES There is no fee that will be charged to the other Party for any equipment or service relating to this MOU. TERMINATION This MOU may be terminated by either Party upon written notice to the other. Upon termination, Duluthian shall promptly remove all Duluthian-owned equipment. RISKS, LIABILITY , INDEMNIFICATION Each Party agrees to indemnify, defend and hold harmless the other and their employees, officers, and agents from any claims, liabilities, damages, losses arising out of the indemnifying Party’s negligence or willful misconduct in connection with this MOU. Each Party shall maintain commercial general liability insurance with a minimum coverage of $1 million per occurrence. GENERAL PROVISIONS This MOU is a non-binding expression of mutual intent. No agency, partnership, or employment relationship is created. Nothing in this MOU shall override City ordinances, policies, or procedures. SIGNATURES Duluthian Networks, LLC ___________________________ Patrick Malley, President City of Superior _________________________________ ___________________________ Jim Paine, Mayor Heidi Blunt, City Clerk _________________________________ ___________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney [20260721R 42] CIT COMMITTEE Agenda Monday, July 13, 2026 – 5:00 p.m. Government Center Room 270 VIDEO CALL LINK: CIT Meeting Dial-in option: +1 872-242-8028,,392372596# MISSION STATEMENT: “To implement information technology policies and procedures that are consistently monitored and reviewed. To review or recommend purchases of new software or hardware that either performs a new City function or performs a function currently performed by City staff. Also may review current software products and procedures with the goal of improving both areas. To maintain communication integrity, efficiency and future advancement of the City and its related agencies.” COMMITTEE MEMBERS: David Dusek, Dan Lindberg COUNCIL REPRESENTATIVES: Tylor Elm, Karly Caven CITY ADVISOR: Dan Shea 1. ROLL CALL 2. APPROVAL OF MINUTES 2.1. CIT Committee (January 15, 2026) 3. NEW BUSINESS 3.1. ConnectSuperior update 3.2. Review and Recommend to Council: WIN, LLC Master Service Agreement Amendment for Network Operations Services 3.3. Review and Recommend to Council: MOU with Duluthian Networks for Free Public Wi-Fi 4. Recurring Business 4.1. None 5. ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. ********************************************************************************************* Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. ********************************************************************************************* In compliance with Wisconsin Open Meetings Law, this agenda was posted on 7/9/2026 at the following locations: Superior Government Center, Douglas County Courthouse, Superior Public Library, and online at https://www.superiorwi.gov/agendacenter. It was also emailed to the Superior Telegram. [20260721R 43] CIT COMMITTEE MINUTES January 15, 2026 Regular Meeting The meeting was called to order by Chair Elm at 5:00 pm on January 15, 2026 in Government Center Room 270. COMMITTEE MEMBERS: Tylor Elm, Ruth Ludwig, Dave Dusek, Dan Lindberg 1. ROLL CALL Members Present: Tylor Elm, Dan Lindberg, Dave Dusek Members Absent: Ruth Ludwig City Staff Present: Dan Shea, Stephanie Becken, Kyle Guthrie, Jon Fiskness Others Present: Shelly Nelson, Lili Gertz, Ricky Smith 2. APPROVAL OF MINUTES 2.1. CIT Committee (Meeting held September 9, 2025) MOTION MADE BY DAVE DUSEK, SECONDED BY DAN LINDBERG AND CARRIED TO APPROVE THE SEPTEMBER 9, 2025 CIT COMMITTEE MINUTES. 3. NEW BUSINESS 3.1 REVIEW AND RECOMMEND TO COUNCIL: CONNECTSUPERIOR 2026 BUDGET. ---Broadband Manager Becken gave an overview on budget and rate changes ---Rates have been reduced for Commercial Wholesale ---Will start offering 2 GB packages MOTION MADE BY DAVE DUSEK, SECONDED BY DAN LINDBERG AND CARRIED TO APPROVE CONNECTSUPERIOR 2026 BUDGET 3.2 REVIEW AND RECCOMMENT TO COUNCIL: AMENDMENT I TO EACH OF THE WHOLESALE BROADBAND SERVICE AGREEMENTS A. DULUTHIAN NETWORKS, LLC B. ADVANCED STREAM, INC C. NORVADO, INC ---Only changes are rates for commercial packages and new speeds ---Any Dark Fiber leases would go to CIT and/or Council for approval MOTION MADE BY DAN LINDBERG , SECONDED BY DAVE DUSEK AND CARRIED TO APPROVE AMENDMENT I TO EACH OF THE WHOLESALE BROADBAND SERVICE AGREEMENTS 3.3 REVIEW AND RECOMMEND TO COUNCIL: CONNECTSUPER FIBER PHASE 2 CONSTRUCTION PROJECT AGREEMENT WITH KRAMER SERVICE GROUP ---Mi-Tech along with City Staff put together the RFP ---Bid amounts allowed us to do Base and Alternate zones [20260721R 44] ---Goal will be to allow sign ups in Phase 2 as soon as construction begins MOTION MADE BY DAVE DUSEK, SECONDED BY DAN LINDBERG AND CARRIED TO APPROVE CONNECTSUPER FIBER PHASE 2 CONSTRUCTION PROJECT AGREEMENT WITH KRAMER SERVICE GROUP 3.4 REVIEW AND RECOMMEND TO COUNCIL: CONNECTSUPERIOR PHASE 2 CONSTRUCTION OVERSITE SERVICES IN AMENDMENT III TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MI-TECH SERVICES, INC ---Mi-Tech works closely with City Staff on construction oversight and customer satisfaction ---CIT Members agree continuity in this area is a plus MOTION MADE BY DAN LINDBERG, SECONDED BY DAVE DUSEK AND CARRIED TO APPROVE CONNECTSUPERIOR PHASE 2 CONSTRUCTION OVERSITE SERVICES IN AMENDMENT III TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MI-TECH SERVICES, INC 3.5 REVIEW AND RECOMMEND TO COUNCIL: CONNECTSUPERIOR WIN, LLC CONTRACT AMENDMENT ---WIN is 24x7 ConnectSuperior monitoring ---Contract shifting to more engagement on ISPs and City, less on ONT monitoring ---Will continue to monitor our core devices MOTION MADE BY DAVE DUSEK , SECONCDED BY DAN LINDBERG AND CARRIED TO APPROVE CONNECTSUPERIOR WIN, LLC CONTRACT AMENDMENT 4. RECURRING BUSINESS 4.1. None 5. ADJOURNMENT Councilor Elm announced the meeting adjourned at 5:45 pm. Respectfully submitted by Dan Shea. [20260721R 45] Date: June 30, 2026 CIT Meeting Date: July 13, 2026 M E M O R A N D U M TO: Members of the CIT Committee FROM: Stephanie Becken, Broadband Manager RE: WIN, LLC Service Amendment 3 RECOMMENDATION – It is the recommendation of IT Director Shea and ConnectSuperior Broadband Manager Becken to approve a service agreement amendment with WIN, LLC, extending the duration of the agreement and reducing services and costs. BACKGROUND- On April 2nd, 2025, the City entered into a 24-month agreement Network Management Services Service Request Agreement with WIN, LLC. This original agreement was for 24/7 network monitoring over the total expanse of the existing ConnectSuperior network. The City and WIN, LLC have worked together to tailor these services to the current needs of the ConnectSuperior network, considering the features of the ConnectSuperior system and the expanding abilities of ConnectSuperior staff. This amendment will extend the agreement from 24 months to 48 months. In this amendment, the base hour services will be reduced from 20 hours to 10 hours per month. The monthly recurring charge (MRC) will also be reduced from $2,000 to $1,000. The total savings will be $2,750 per month. This amendment reflects most accurately the needs and efforts of the network by WIN based on the system now being fully operational and the ConnectSuperior staff gained experience. BUDGET SOURCE-ConnectSuperior is partially funded through designated American Rescue Plan funds, fiber utility revenue, and the budget granted from the City Council for 2026. CONCLUSION – Please approve this amendment that reduces cost extends duration. [20260721R 46] Amendment to Service Agreement P a g e | 1 of 2 AMENDMENT 3 TO NETWORK MANAGEMENT SERVICES SERVICE REQUEST BETWEEN WIN, LLC AND CITY OF SUPERIOR THIS AMENDMENT is entered into effective as of the last date of signature below, by and between WIN, LLC (“WIN”), and City of Superior (“Customer”). WIN and Customer are also each individually referred to as a “Party” and collectively as “Parties.” WHEREAS, the Parties entered into a Network Management Services Service Request (“Prior Services Agreement”) on April 2, 2025, which was subsequently amended on August 8, 2025 and January 26, 2026; and WHEREAS, Customer desires to decrease Base Hours from twenty (20) to ten (10) hours, reduce the Dedicated Resource Retainer monthly recurring charge from $2,000.00 to $1,000.00 per month, and amend the Initial Service Term from twenty-four (24) months to forty-eight (48) months. NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. As of the Effective Date of Amendment 3, the Base Hours of the Prior Services Agreement shall decrease from twenty (20) to ten (10) Base Hours at the rate of $175.00 per hour. The NOC Service monthly recurring charge shall decrease from $3,500.00 to $1,750.00. Accordingly, Section 3.2.1 of the Prior Services Agreement shall be amended and replaced as follows: 1. Call Center Service a. Each month, WIN will provide up to ten (10) hours (“Base Hours”) of NOC Call Center Services at the rate of $175.00 per hour. Any hours provided in addition to the Base Hours will be billed to Customer at WIN’s Additional Support rate (“Excess Hours”) set forth in Section 5 (Variable Services Rates). 2. As of the Effective Date of Amendment 3, the monthly recurring charge (“MRC”) for the Dedicated Resource Retainer shall be reduced from $2,000.00 to $1,000.00. Accordingly, Section 3.2.2 of the Prior Services Agreement shall be amended and replaced as follows: 2. Dedicated Resource Retainer a. Each month, WIN will provide access to a dedicated resource and priority escalation support during major incidents, outages, or Customer-impacting events. The Dedicated Resource Retainer, billed at $1,000.00 per month, will include non-labor-based services such as management oversight, reporting infrastructure, customer-specific procedures, and an established escalation framework. [20260721R 47] Amendment to Service Agreement P a g e | 2 of 2 3. As of the Effective Date of this Amendment 3, the Initial Service Term shall be amended from twenty-four (24) to forty-eight (48) months. Accordingly, Section 2 of the Prior Services Agreement shall be amended and replaced as follows: 2. Service Term and Implementation Timeline This Service Request is effective as of the Effective Date set forth above. The Service Term and billing of the monthly recurring charges will commence as of the Service Activation Date and shall continue in effect for forty-eight (48) months (“Initial Service Term”). Non-recurring charges will be invoiced upon execution of this Service Request. Following expiration of the Initial Service Term, Services shall automatically renew for successive one (1) month periods (each a “Renewal Service Term” and, together with the Initial Service Term, the “Service Term”) at WIN’s then-current rates unless terminated by either Party upon thirty (30) days’ written notice. Planned implementation of Services shall proceed as coordinated by WIN and Customer. Other Services requested during the Service Term will be implemented on a schedule mutually agreed to by the Parties. 4. Except as expressly amended herein, all of the terms and conditions of and exhibits and addenda to the Prior Services Agreement are unaffected by this Amendment and shall remain in full force and effect. IN WITNESS WHEREOF: City of Superior WIN, LLC BY: BY: NAME: NAME: Scott A. Hoffmann TITLE: TITLE: CEO DATE: DATE: [20260721R 48] Date: June 30, 2026 CIT Meeting Date: July 13, 2026 M E M O R A N D U M TO: Members of the CIT Committee FROM: Stephanie Becken, Broadband Manager RE: Duluthian Networks, LLC MOU RECOMMENDATION – It is the recommendation of IT Director Shea and ConnectSuperior Broadband Manager Becken to approve a memorandum of understanding (MOU) between the City of Superior and Duluthian Networks LLC for the purpose of establishing the responsibilities of both parties in offering public wireless internet service on City-owned properties. BACKGROUND- The City of Superior, through the fiber utility, ConnectSuperior would like to offer free public-Wi-Fi in public areas within the established ConnectSuperior utility service area. Internet Service Providers currently on the network were asked for interest in participation. Duluthian Networks, LLC expressed interest in providing the equipment and service for free public wireless internet service. Per the terms of the MOU, Duluthian Networks will work with City staff to offer free Wi-Fi at agreed upon locations within the city. The City will install the necessary fiber drops at various locations. Duluthian will supply, install, and provide the Wi-FI equipment and service at no cost to the City. The City will install signage where the free public Wi-Fi is available. BUDGET SOURCE-ConnectSuperior is partially funded through designated American Rescue Plan funds, fiber utility revenue, and the budget granted from the City Council for 2026. CONCLUSION – Please approve this memorandum of understanding. [20260721R 49] MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUPERIOR AND DULUTHIAN NETWORKS LLC This Memorandum of Understanding (MOU) is entered into by and between the City of Superior, Wisconsin, a municipal corporation (City), and Duluthian Networks, LLC, a limited liability company, located at 4411 Venture Avenue, Duluth, Minnesota (Duluthian) (collectively or individually referred to as ‘Parties” or ‘Party’), for the purpose of establishing the respective responsibilities of the City and Duluthian for the installation, operation, maintenance, and provision of public wireless internet service (Wi-Fi Service) at various City-owned properties, effective ____________, 2026 (Effective Date). The Wi-Fi Service is a wireless networking technology that will allow devices such as computers, mobile devices, and other equipment to interface with the Internet. TERM This MOU shall commence on the Effective Date and remain in effect until terminated in writing in accordance with the terms of this MOU. DULUTHIAN RESPONSIBILITIES Duluthian shall install, secure, operate, monitor, maintain, repair, and replace all Duluthian- owned equipment necessary to provide the Wi-Fi Service, comply with applicable laws, maintain cybersecurity safeguards, and provide public Wi-Fi Service at designated City-owned properties. All Duluthian installed equipment remains the property of Duluthian, unless otherwise agreed in writing. Wi-Fi Service is provided as a free public convenience without guarantee of availability, speed, reliability, or security. In the event of an outage, Duluthian shall investigate and take corrective action within 24 hours of the notification. Duluthian equipment shall be installed in City approved locations and using City approved methods. CITY RESPONSIBILITIES The City shall provide, maintain, and repair the fiber drop necessary for the Wi-Fi Service. The fiber drop is the physical fiber connection bridging the main network to the service location and device required to allow provisioning of the Wi-Fi Service. The City shall provide a non- exclusive revocable license to access City-owned designated properties and coordinate access to approved structures and locations. [20260721R 50] The City shall provide signage to signify that there is free public access to Wi-Fi Service and it is provided by the City and Duluthian. Signage will include contact information for technical difficulties. The City will provide the appropriate electrical outlets and pay for all electrical costs associated with the Wi-Fi Services covered under this MOU. FEES There is no fee that will be charged to the other Party for any equipment or service relating to this MOU. TERMINATION This MOU may be terminated by either Party upon written notice to the other. Upon termination, Duluthian shall promptly remove all Duluthian-owned equipment. RISKS, LIABILITY , INDEMNIFICATION Each Party agrees to indemnify, defend and hold harmless the other and their employees, officers, and agents from any claims, liabilities, damages, losses arising out of the indemnifying Party’s negligence or willful misconduct in connection with this MOU. Each Party shall maintain commercial general liability insurance with a minimum coverage of $1 million per occurrence. GENERAL PROVISIONS This MOU is a non-binding expression of mutual intent. No agency, partnership, or employment relationship is created. Nothing in this MOU shall override City ordinances, policies, or procedures. SIGNATURES Duluthian Networks, LLC ___________________________ Patrick Malley, President City of Superior _________________________________ ___________________________ Jim Paine, Mayor Heidi Blunt, City Clerk _________________________________ ___________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney [20260721R 51] Date: July 15, 2026 Common Council Meeting Date: July 21, 2026 M E M O R A N D U M TO: Honorable Mayor Paine and Members of the Common Council FROM: Stephanie Becken, Broadband Manager RE: WIN, LLC Service Amendment 3 RECOMMENDATION – It is the recommendation of IT Director Shea and ConnectSuperior Broadband Manager Becken to approve a service agreement amendment with WIN, LLC, extending the duration of the agreement and reducing services and costs. The CIT Committee reviewed and made their recommendations to amend the existing agreement with WIN, LLC at their July 13, 2026, meeting. BACKGROUND- On April 2nd, 2025, the City entered into a 24-month agreement Network Management Services Service Request Agreement with WIN, LLC. This original agreement was for 24/7 network monitoring over the total expanse of the existing ConnectSuperior network. The City and WIN, LLC have worked together to tailor these services to the current needs of the ConnectSuperior network, considering the features of the ConnectSuperior system and the expanding abilities of ConnectSuperior staff. This amendment will extend the agreement from 24 months to 48 months. In this amendment, the base hour services will be reduced from 20 hours to 10 hours per month. The monthly recurring charge (MRC) will also be reduced from $2,000 to $1,000. The total savings will be $2,750 per month. This amendment reflects most accurately the needs and efforts of the network by WIN based on the system now being fully operational and the ConnectSuperior staff gained experience. BUDGET SOURCE-ConnectSuperior is partially funded through designated American Rescue Plan funds, fiber utility revenue, and the budget granted from the City Council for 2026. CONCLUSION – Please approve this amendment that reduces cost extends duration. Recommended: _______________________________ Mayor Jim Paine [20260721R 52] Amendment to Service Agreement P a g e | 1 of 2 AMENDMENT 3 TO NETWORK MANAGEMENT SERVICES SERVICE REQUEST BETWEEN WIN, LLC AND CITY OF SUPERIOR THIS AMENDMENT is entered into effective as of the last date of signature below, by and between WIN, LLC (“WIN”), and City of Superior (“Customer”). WIN and Customer are also each individually referred to as a “Party” and collectively as “Parties.” WHEREAS, the Parties entered into a Network Management Services Service Request (“Prior Services Agreement”) on April 2, 2025, which was subsequently amended on August 8, 2025 and January 26, 2026; and WHEREAS, Customer desires to decrease Base Hours from twenty (20) to ten (10) hours, reduce the Dedicated Resource Retainer monthly recurring charge from $2,000.00 to $1,000.00 per month, and amend the Initial Service Term from twenty-four (24) months to forty-eight (48) months. NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. As of the Effective Date of Amendment 3, the Base Hours of the Prior Services Agreement shall decrease from twenty (20) to ten (10) Base Hours at the rate of $175.00 per hour. The NOC Service monthly recurring charge shall decrease from $3,500.00 to $1,750.00. Accordingly, Section 3.2.1 of the Prior Services Agreement shall be amended and replaced as follows: 1. Call Center Service a. Each month, WIN will provide up to ten (10) hours (“Base Hours”) of NOC Call Center Services at the rate of $175.00 per hour. Any hours provided in addition to the Base Hours will be billed to Customer at WIN’s Additional Support rate (“Excess Hours”) set forth in Section 5 (Variable Services Rates). 2. As of the Effective Date of Amendment 3, the monthly recurring charge (“MRC”) for the Dedicated Resource Retainer shall be reduced from $2,000.00 to $1,000.00. Accordingly, Section 3.2.2 of the Prior Services Agreement shall be amended and replaced as follows: 2. Dedicated Resource Retainer a. Each month, WIN will provide access to a dedicated resource and priority escalation support during major incidents, outages, or Customer-impacting events. The Dedicated Resource Retainer, billed at $1,000.00 per month, will include non-labor-based services such as management oversight, reporting infrastructure, customer-specific procedures, and an established escalation framework. [20260721R 53] Amendment to Service Agreement P a g e | 2 of 2 3. As of the Effective Date of this Amendment 3, the Initial Service Term shall be amended from twenty-four (24) to forty-eight (48) months. Accordingly, Section 2 of the Prior Services Agreement shall be amended and replaced as follows: 2. Service Term and Implementation Timeline This Service Request is effective as of the Effective Date set forth above. The Service Term and billing of the monthly recurring charges will commence as of the Service Activation Date and shall continue in effect for forty-eight (48) months (“Initial Service Term”). Non-recurring charges will be invoiced upon execution of this Service Request. Following expiration of the Initial Service Term, Services shall automatically renew for successive one (1) month periods (each a “Renewal Service Term” and, together with the Initial Service Term, the “Service Term”) at WIN’s then-current rates unless terminated by either Party upon thirty (30) days’ written notice. Planned implementation of Services shall proceed as coordinated by WIN and Customer. Other Services requested during the Service Term will be implemented on a schedule mutually agreed to by the Parties. 4. Except as expressly amended herein, all of the terms and conditions of and exhibits and addenda to the Prior Services Agreement are unaffected by this Amendment and shall remain in full force and effect. IN WITNESS WHEREOF: City of Superior WIN, LLC BY: BY: NAME: NAME: Scott A. Hoffmann TITLE: TITLE: CEO DATE: DATE: [20260721R 54] Date: July 15, 202 City Council Meeting Date: July 21, 2026 M E M O R A N D U M TO: Honorable Mayor Paine and Members of the Common Council FROM: Stephanie Becken, Broadband Manager RE: Duluthian Networks, LLC MOU RECOMMENDATION – It is the recommendation of IT Director Shea and ConnectSuperior Broadband Manager Becken to approve a memorandum of understanding (MOU) between the City of Superior and Duluthian Networks LLC for the purpose of establishing the responsibilities of both parties in offering public wireless internet service on City-owned properties. The CIT Committee reviewed at their July 13, 2026 meeting and recommended additional language: “Branding for all connection pages and connection points will be shared and agreed upon by both parties.” Duluthian Networks, LLC is amenable to change in terms. The attached MOU contains the additional language. BACKGROUND- The City of Superior, through the fiber utility, ConnectSuperior would like to offer free public-Wi-Fi in public areas within the established ConnectSuperior utility service area. Internet Service Providers currently on the network were asked for interest in participation. Duluthian Networks, LLC expressed interest in providing the equipment and service for free public wireless internet service. Per the terms of the MOU, Duluthian Networks will work with City staff to offer free Wi-Fi at agreed upon locations within the city. The City will install the necessary fiber drops at various locations. Duluthian will supply, install, and provide the Wi-FI equipment and service at no cost to the City. The City will install signage where the free public Wi-Fi is available. BUDGET SOURCE-ConnectSuperior is partially funded through designated American Rescue Plan funds, fiber utility revenue, and the budget granted from the City Council for 2026. CONCLUSION – Please approve this memorandum of understanding. Recommended: _______________________________ Mayor Jim Paine [20260721R 55] MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUPERIOR AND DULUTHIAN NETWORKS LLC This Memorandum of Understanding (MOU) is entered into by and between the City of Superior, Wisconsin, a municipal corporation (City), and Duluthian Networks, LLC, a limited liability company, located at 4411 Venture Avenue, Duluth, Minnesota (Duluthian) (collectively or individually referred to as ‘Parties” or ‘Party’), for the purpose of establishing the respective responsibilities of the City and Duluthian for the installation, operation, maintenance, and provision of public wireless internet service (Wi-Fi Service) at various City-owned properties, effective ____________, 2026 (Effective Date). The Wi-Fi Service is a wireless networking technology that will allow devices such as computers, mobile devices, and other equipment to interface with the Internet. TERM This MOU shall commence on the Effective Date and remain in effect until terminated in writing in accordance with the terms of this MOU. DULUTHIAN RESPONSIBILITIES Duluthian shall install, secure, operate, monitor, maintain, repair, and replace all Duluthian- owned equipment necessary to provide the Wi-Fi Service, comply with applicable laws, maintain cybersecurity safeguards, and provide public Wi-Fi Service at designated City-owned properties. Branding for all connection pages and connection points will be shared and agreed upon by both parties. All Duluthian installed equipment remains the property of Duluthian, unless otherwise agreed in writing. Wi-Fi Service is provided as a free public convenience without guarantee of availability, speed, reliability, or security. In the event of an outage, Duluthian shall investigate and take corrective action within 24 hours of the notification. Duluthian equipment shall be installed in City approved locations and using City approved methods. CITY RESPONSIBILITIES The City shall provide, maintain, and repair the fiber drop necessary for the Wi-Fi Service. The fiber drop is the physical fiber connection bridging the main network to the service location and device required to allow provisioning of the Wi-Fi Service. The City shall provide a non- exclusive revocable license to access City-owned designated properties and coordinate access to approved structures and locations. [20260721R 56] The City shall provide signage to signify that there is free public access to Wi-Fi Service and it is provided by the City and Duluthian. Signage will include contact information for technical difficulties. The City will provide the appropriate electrical outlets and pay for all electrical costs associated with the Wi-Fi Services covered under this MOU. FEES There is no fee that will be charged to the other Party for any equipment or service relating to this MOU. TERMINATION This MOU may be terminated by either Party upon written notice to the other. Upon termination, Duluthian shall promptly remove all Duluthian-owned equipment. RISKS, LIABILITY , INDEMNIFICATION Each Party agrees to indemnify, defend and hold harmless the other and their employees, officers, and agents from any claims, liabilities, damages, losses arising out of the indemnifying Party’s negligence or willful misconduct in connection with this MOU. Each Party shall maintain commercial general liability insurance with a minimum coverage of $1 million per occurrence. GENERAL PROVISIONS This MOU is a non-binding expression of mutual intent. No agency, partnership, or employment relationship is created. Nothing in this MOU shall override City ordinances, policies, or procedures. SIGNATURES Duluthian Networks, LLC ___________________________ Patrick Malley, President City of Superior _________________________________ ___________________________ Jim Paine, Mayor Heidi Blunt, City Clerk _________________________________ ___________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney [20260721R 57] PLAN COMMISSION MINUTES - 6/9/26 Mtg (Meets monthly on 2nd Tuesday of each month) Page 1 of 3 PLAN COMMISSION Minutes July 14, 2026 Regular Meeting The meeting was called to order by Chair Paine at 5:01 pm on July 14, 2026, in Government Center Room 270. 1 ROLL CALL PRESENT: Jim Paine, Lynn Wohlwend, Garner Moffat, Tylor Elm, Lindsey Graskey and Anne Porter VIRTUAL: Paul Winterscheidt and Mike Herrick ABSENT: Brian Finstad CITY STAFF PRESENT: Director Serck, Tech Granlund, Jeff Skrenes, Heidi Blunt and Tina Anrig, Jordan DeCaro, Lisa Russ, and Paul Russ. OTHERS PRESENT: Joe Radtke, Sarah Anderson, Nick Ledin and Kathy Aird 2 APPROVAL OF MINUTES 2.1 Plan Commission Minutes (June 9, 2026) MOTION to approve the June 9, 2026, minutes by Commissioner Elm, seconded by Commissioner Graskey. Carried. 3 OLD BUSINESS 4 NEW BUSINESS 4.1 Small Business Grant Application Review & Recommendations a. La Peinado Salon and Spa LLC b. Up North DeCaro Superior Director Serck introduced the small business grant applications representees from both applicants attended the meeting in person. Commissioner Moffat questioned the potential conflict with Nemadji golf courses contract with the city. Jordan DeCaro representing Up North DeCaro Superior spoke about the business plans with the golf/game simulators. MOTION to approve the small business grant applications by Commissioner Porter, seconded by Commissioner Graskey. Carried. [20260721R 58] PLAN COMMISSION MINUTES - 6/9/26 Mtg (Meets monthly on 2nd Tuesday of each month) Page 2 of 3 4.2 Review and Approve Designated Outdoor Refreshment Area Ordinance and Resolution Commissioner Paine introduced the potential establishment of a Designated Outdoor Refreshment Area (DORA) and provided an overview of its purpose and potential benefits for the community. Commissioners discussed the proposed boundary map for the DORA, benefits of adding DORA districts, possible participation requirements for businesses, possible safety concerns and the use of designated cups that participating establishments would be required to provide. City Clerk Blunt answered questions. Commissioner Paine recommended holding in committee until next meeting. 4.3 Referred from City Council: Approve O26-4430, an ordinance amending City Code, Chapter 22 – Animals, Article III – Keeping of Animals, to create Section 22-69 – Roosters Prohibited Commissioner Paine introduced the proposed ordinance and explained the reasoning for its referral to the Plan Commission. Commissioner Elm provided an overview of the potential ordinance's timeline and discussed the Public Safety Committee's rationale for considering the proposal. Police Chief Paul Winterscheidt addressed the Plan Commission regarding the potential ordinance and shared concerns about the possible negative impacts of adopting it. Tina Anrig, the City of Superior Humane Officer, provided background information on issues involving roosters within city limits. Councilor Radtke discussed both the potential benefits and disadvantages of adopting an ordinance prohibiting roosters within the City. The Plan Commission discussed the existing ordinances, the proposed ordinance, and the potential impacts such changes could have on the community. MOTION to refer back to Public Safety by Commissioner Elm, seconded by Commissioner Graskey. Carried. 4.4 Review and Approve Home Purchase Located at 1903 Banks Avenue for $240,00.00 The proposed purchase price of the property is $240,000. Director Serck introduced the proposed home purchase to the Plan Commission and provided an update on the development of the Community Land Trust Program. Commissioners discussed the condition of the home, the framework and implementation of the Community Land Trust Program, and the proposed sale price of the property. Commissioner Paine requested that a resolution regarding the proposed purchase be prepared for consideration by the City Council. MOTION to approve the purchase of the home located at 1903 Banks Avenue for $240,000.00 with funds to be supplied by the Affordable Housing Fund by Commissioner Paine, seconded by Commissioner Moffat. Carried. 5 RECURRING BUSINESS 5.1 Planning & Development Director Report Director Serck shared with the Plan Commission an update on CHS leases, possible TIF amendments in the near future, the 28th Street Land Separation upcoming project, an update on opportunity zones and the demolition of the Sage Hotel. [20260721R 59] PLAN COMMISSION MINUTES - 6/9/26 Mtg (Meets monthly on 2nd Tuesday of each month) Page 3 of 3 5.2 Housing Coordinator Update Jeff Skrenes shared with the Plan Commission the WEDA CEO and other staff visited Superior doing ribbon cutting and touring. Commissioner Paine would like an update of HOMES bill for the next meeting. 5.3 Zoning Code Update More updates to come during the next Plan Commission meeting. 6 ADJOURNMENT Meeting adjourned at 6:46 pm Respectfully submitted by Amanda Granlund. [20260721R 60] [20260721R 61] [20260721R 62] [20260721R 63] [20260721R 64] [20260721R 65] [20260721R 66] [20260721R 67] [20260721R 68] [20260721R 69] Execution Copy: 7/21/2026 SMALL BUSINESS GRANT PROGRAM DEVELOPMENT AGREEMENT BETWEEN CITY OF SUPERIOR, WISCONSIN AND ____________________ UP NORTH DECARO SUPERIOR LLC ___________________ DATED AS OF July 21, 2026 M:\docs\08493\000320\AGM\17Y6522.DOC [20260721R 70] TABLE OF CONTENTS Page Section 1. Definitions, Exhibits, Rules of Interpretation. ............................................................. 1 1.01 Definitions ................................................................................................................... 1 1.02 Exhibits ....................................................................................................................... 2 1.03 Rules of Interpretation ................................................................................................ 2 Section 2. Representations and Warranties of the Grantee. .......................................................... 3 Section 3. Construction of Improvements. .................................................................................... 3 3.01 Construction Plans ...................................................................................................... 3 3.02 Commencement and Completion of Construction. ..................................................... 3 3.03 City’s Obligation to Proceed ....................................................................................... 3 3.04 Certificate of Completion ........................................................................................... 4 3.05 Eligible Uses ............................................................................................................... 4 3.06 Grant Payment for Eligible Uses ................................................................................ 4 Section 4. Insurance; Indemnification. .......................................................................................... 4 4.01 Insurance. .................................................................................................................... 4 4.02 Reconstruction ............................................................................................................ 5 4.03 Release and Indemnification Covenants ..................................................................... 5 Section 5. Events of Default .......................................................................................................... 6 5.01 Events of Default Defined........................................................................................... 6 5.02 Remedies on Default ................................................................................................... 6 5.03 No Remedy Exclusive ................................................................................................. 7 5.04 No Additional Waiver Implied by One Waiver .......................................................... 7 5.05 Agreement to Pay Attorneys’ Fees and Expenses ...................................................... 7 Section 6. Additional Provisions ................................................................................................... 7 6.01 Notices and Demands ................................................................................................. 7 6.02 Counterparts ................................................................................................................ 8 6.03 Amendments ............................................................................................................... 8 6.04 Exhibits ....................................................................................................................... 8 6.05 Entire Agreement ........................................................................................................ 8 6.06 Governing Law and Venue ......................................................................................... 8 6.07 Benefit ......................................................................................................................... 8 6.08 Singular/Plural ............................................................................................................ 8 6.09 Survival ....................................................................................................................... 8 6.10 Legal Counsel ............................................................................................................. 9 6.11 Termination of Agreement .......................................................................................... 9 [20260721R 71] DEVELOPMENT AGREEMENT This Development Agreement is made, entered into and effective as of this __21st __ day of ____July __, 2026_, by and between the CITY OF SUPERIOR, WISCONSIN (the “City”), and _______________Up North DeCaro Superior LLC______________ (the “Grantee”). R E C I T A L S: WHEREAS, in an effort to encourage development, redevelopment and renewal of the City of Superior, the City has created a Small Business Grant Program (the “Program”) to assist Qualifying Businesses (as defined in the Program ) in paying for Eligible Costs (as hereinafter defined); and WHEREAS, the Grantee has submitted an application for a grant under the Program and the Common Council has approved a grant, as hereinafter set forth, for a portion of the Eligible Costs, as hereinafter set forth. NOW, THEREFORE, in consideration of the promises and mutual obligations of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, each of them does hereby represent, covenant, and agree with the other as follows: AGREEMENT: Section 1. Definitions, Exhibits, Rules of Interpretation. 1.01 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: “Agreement” means this Development Agreement by and between the City and the Grantee, as the same may be from time to time amended. “Certificate of Completion” means the certification, in the form of the Certificate attached as Exhibit B hereto, provided to the Grantee pursuant to Section 3.04 of this Agreement, upon satisfactory completion of the Improvements. “Construction Plans” means the construction plans for the construction and equipping of the Improvements to be on the Development Property pursuant to this Agreement. “Development Property” means the real property located in the City at 1106 Tower Avenue and described in Exhibit A to this Agreement. “Eligible Costs” means the costs listed for “Eligible Uses for the Grant” on Exhibit D. “Eligible Uses” means the items listed on Exhibit D as “Eligible Uses for the Grant.” “Facilities” means all of the improvements on the Development Property including, but not limited to, the Improvements. [20260721R 72] 2 “Grant” means the development grant under the Program described in Section 3.06 hereof. “Improvements” means those improvements as described and specified in the Construction Plans, but generally described as expenses including golf/game simulators and the Eligible Uses. The Improvements are expected to cost approximately $108,210.00. “Project” means the Improvements, including the Eligible Uses, to the Facilities. “Schedule” means the schedule for the elements of the development contemplated by this Agreement, as set forth on Exhibit C. “Sources and Uses Budget” means the Sources and Uses Budget in the form of Exhibit D attached thereto, as updated from time to time. “Unavoidable Delays” means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the improvements being constructed, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local government (other than the City) which directly results in delays. 1.02 Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: Exhibit A Legal Description of Development Property Exhibit B Form of Certificate of Completion Exhibit C Schedule Exhibit D Sources and Uses Budget 1.03 Rules of Interpretation. A. This Agreement and the other agreements executed by the parties in connection with the Development Property shall be interpreted in accordance with and governed by the laws of the State of Wisconsin. B. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. C. References herein to a particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. D. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. [20260721R 73] 3 E. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provision of this Agreement, are declared to be severable. Section 2. Representations and Warranties of the Grantee. A. The Grantee represents and warrants that it has the power to enter into this Agreement and carryout its obligation hereunder. B. The Grantee agrees to construct and equip the Improvements upon the Development Property in accordance with the terms of this Agreement. C. The Grantee will use its best efforts to obtain, in a timely manner, all required permits, licenses and approvals, and to meet, in a timely manner, all requirements of applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and the brewery may be operational. Section 3. Construction of Improvements. 3.01 Construction Plans. Prior to commencing construction of the Improvements, the Grantee shall submit to the City Planning & Development Department the plans for the construction and the equipping of the Improvements. Such plans include the following: (a) site plans; (b) floor plans; (c) elevations; and (d) the parking lot and landscaping plans (the “Construction Plans”), and shall provide for the construction or renovation to the Improvements, including the Eligible Uses, at a development cost totaling approximately $108,210.00. The Grantee agrees that it will construct and equip the Improvements on the Development Property in substantial conformance with the Construction Plans. The Grantee agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Construction Plans. 3.02 Commencement and Completion of Construction. Subject to Unavoidable Delays and subject to satisfaction of the contingencies set forth in Section 3.03, the Grantee shall commence and complete construction on the Improvements as set out on Exhibit C . All work with respect to the Improvements to be constructed or provided by the Grantee on the Development Property shall be in conformity with the Construction Plans. The Grantee agrees that the Grantee shall promptly begin and diligently prosecute to completion construction of the Improvements on the Development Property, and that such construction shall in any event be commenced and completed within the period specified in this Section of the Agreement. 3.03 City’s Obligation to Proceed . The City ’s obligation to proceed under this Development Agreement is contingent upon the following: [20260721R 74] 4 (i) The Grantee shall demonstrate, by way of a letter of commitment or othe r formal assurance, that it has its equity and has received approval for all financing necessary (as outlined in the Sources and Uses Budget) to construct and equip the Improvements; and (ii) The Grantee shall be in material compliance with all the terms and provisions of this Agreement. The contingencies set forth above shall be satisfied on or before July 31, 2027, or this Agreement shall terminate without further action of the parties unless otherwise agreed to by the parties. 3.04 Certificate of Completion . Promptly after completion of the Improvements in accordance with the provisions of this Agreement, the City will furnish the Grantee with a Certificate of Completion, in substantially the form set forth in Exhibit B attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Grantee, and its successors and assigns, to construct the Improvements. 3.05 Eligible Uses. A. The Grantee shall undertake construction of the Eligible Uses as part of the Improvements. The Eligible Uses for the Grant shall consist of constructing the items set forth on Exhibit D and listed as the “Eligible Uses for the Grant” . The Eligible C osts for the Eligible Uses shall be paid by the City to the Grantee at the time and upon receipt of the documents required hereunder and in Section 3.06 hereof. The Grantee shall pay any costs in excess of such amount. The Grantee shall provide the City with copies of the paid invoices evidencing the Grantee’s actual expenditures in undertaking the Eligible Uses for the Grant. B. Upon expenditures of the amount described in Section 3.05A. above, the City ’s obligation and responsibilities with respect to the Eligible Uses shall terminate. The City shall have no liability to the Grantee or a third party resulting from any defect in the construction of the Improvements or the Eligible Uses or the costs of completing the Eligible Uses if the amount described in Section 3.05A. above is insufficient therefore. The Grantee shall maintain the Eligible Uses after completion of construction. The Grantee agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agent, from any and all claims or causes of action resulting from any alleged defect in the design or construction of the Eligible Uses. 3.06 Grant Payment for Eligible Uses. Upon the Grantee providing the copies of the paid invoices required in Section 3.05A., and upon the City ’s issuing the Certificate of Completion, the City shall pay the Grantee through the Grant for the Eligible Costs incurred for the Eligible Uses pursuant to the Grant in the maximum aggregate amount of $20,000.00. Section 4. Insurance; Indemnification. 4.01 Insurance. [20260721R 75] 5 A. The Grantee will provide and maintain, or cause to be maintained by its contractor, at all times during the process of construction of the Improvements an “All Risk Broad Form Basis” insurance policy (upon which the City shall be listed as an additional insured) and from time to time during that period at the request of the City, furnish the City with proof of payment of premiums on policies covering the following: (i) Builder’s risk insurance, written on the so -called “Builder’s Risk -- Completed Value Basis,” in an amount equal to 100% of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so -called “all risk” form of policy; the interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; and (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner’s Protective Liability Policy with limits against injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits an umbrella excess liability policy may be used). B. All insurance required by this Section shall be taken out and maintained in responsible insurance companies selected by the Grantee which are authorized under the laws of the State of Wisconsin to assume the risks covered thereby. Upon request, the Grantee will deposit with the City a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Section, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Grantee and the City at least 10 days before the cancellation or modification becomes effective. In lieu of separate policies, the Grantee may maintain a single policy, blanket or umbrella policy, or a combination thereof, having the coverage required herein, in which event the Grantee shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Improvements. 4.02 Reconstruction. In the event of damage or destruction of the Facilities, the Grantee will forthwith repair, reconstruct and restore the Facilities to substantially the same or an improved condition or value as they existed prior to the event causing such damage, and to the extent necessary to accomplish such repair, reconstruction and restoration, the Grantee will apply the net proceeds received by the Grantee to the payment or reimbursement of the cost thereof. The Grantee shall complete the repair, reconstruction and restoration of the Facilities whether or not the net proceeds received by the Grantee for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, reconstruction and restoration shall be the property of the Grantee . Notwithstanding anything to the contrary contained in this Article, the rights of the City with respect to the receipt and application of any proceeds of insurance shall in all respects be subject and subordinate to the rights of any lender under a mortgage on the Development Property. The obligation to repair, reconstruct and restore the Facilities pursuant to this Section 4.02 terminates upon the issuance of the Certificate of Completion. 4.03 Release and Indemnification Covenants. [20260721R 76] 6 A. The Grantee releases from and covenants and agrees that the City and its governing body members, officers, agents, including their independent contractors, consultants and legal counsel, servants and employees (hereinafter, for purposes of this Section, collectively the “indemnified parties”) shall not be liable for and agrees to indemnify and hold harmless the indemnified parties against (i) any loss or damage to property or any injury to or death of any person resulting from any defect in the Facilities and/or the Improvements, and (ii) any loss, damage, liability or claim therefore concerning the acquisition and relocation obligations of the Parties in connection with the Project, including, but not limited to, the additional property needed for the parking. B. Except for any willful misrepresentation or any willful or wanton misconduct of the indemnified parties, the Grantee agrees to protect and defend the indemnified parties now and forever and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising from the Grantee’s construction, installation, ownership, and operation of the Facilities and/or the Improvements. C. The indemnified parties shall not be liable for any damage or injury to the persons or property of the Grantee or its officers, agents, servants, or employees or any other person who may be about the Property or the Improvements due to any act of negligence of any person; provided, that nothing contained herein shall be interpreted to alter the liability of the indemnified parties for any damage or injury to the persons or property of the Grantee or its officers, agents, servants, or employees or any other person who may be about the Property or the Improvements caused by any willful act of the indemnified parties. D. This Section shall survive the termination of this Agreement. Section 5. Events of Default. 5.01 Events of Default Defined. The following shall be “Events of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Failure by the Grantee to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by the Grantee to timely pay the real estate taxes on the Facilities. 5.02 Remedies on Default. Whenever any Event of Default referred to in Section 5.01 of this Agreement occurs, the City , as specified below, may take any one or more of the following actions after provision of thirty (30) days’ written notice by the City to the Grantee of the Event of Default , but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot be cured within thirty (30) days, the Grantee does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: [20260721R 77] 7 A. The City may suspend its performance under the Agreement until it receives assurances from the Grantee, deemed reasonably adequate by the City, that the Grantee will cure its default and continue its performance under the Agreement. B. The City may withhold the Certificate of Completion but only so long as an Event of Default has not been cured. C. The City may take whatever action, including legal or administrative action, which may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observance of any obligations agreement, or covenant of the Grantee under this Agreement. 5.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 5.04 No Additional Waiver Implied by One Waiver . In the event any agreement contained in this Agreement is breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 5.05 Agreement to Pay Attorneys’ Fees and Expenses . Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Grantee herein contained, the Grantee agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City; provided that if a claim including, without limitation, a lawsuit or other civil action, is instituted between the parties, the party which does not prevail in such claim shall pay to the prevailing party the reasonable fees of attorneys and other expenses so incurred by the prevailing party, and if the City is not the prevailing party in such a claim, the City shall have no rights under this Section. Section 6. Additional Provisions. 6.01 Notices and Demands . Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to the others shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. In the case of the Grantee, is addressed or delivered personally to: [20260721R 78] 8 Up North DeCaro Superior LLC Jordan DeCaro 1106 Tower Avenue Superior, WI 54880 B. In the case of the City, is addressed to or delivered personally to the: City of Superior Attention: Planning, Economic Development & Port Director 1316 North 14th Street Superior, WI 54880 or at such other addresses as either party may, from time to time, designate in writing and forward to the other as provided in this Section. 6.02 Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. 6.03 Amendments. Neither this Agreement, nor any other document to which the Grantee and the City are a party, relating to the development contemplated by this Agreement, may be effectively amended, changed, modified, altered or terminated, except upon the written agreement of the City and the Grantee. 6.04 Exhibits. Any exhibit delivered pursuant to the terms of this Agreement shall be in writing and shall constitute a part of this Agreement. 6.05 Entire Agreement . This Agreement, together with any Exhibits and the related written agreements specifically referred to herein, represents the only agreement among the parties concerning the subject matter hereof and supersedes all prior agreements whether written or oral, relating thereto. 6.06 Governing Law and Venue . This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of Wisconsin and any dispute in connection with this Agreement shall be venued in the City of Superior, Douglas County, Wisconsin. 6.07 Benefit. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties to this Agreement or their permitted successors or assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 6.08 Singular/Plural. Any words or terms used herein in the singular shall be deemed to include the plural when applicable and vice versa. 6.09 Survival. Unless otherwise specifically provided or limited herein, all representations, warranties and covenants in this Agreement, or in any certificate or other writing delivered pursuant hereto, shall survive the execution of this Agreement. [20260721R 79] 9 6.10 Legal Counsel. Each party hereby acknowledges that each is represented by legal counsel in connection with the Agreement, or each has knowingly waived their right to do so. 6.11 Termination of Agreement . This Agreement shall terminate on the date of the issuance of the Certificate of Completion. [20260721R 80] 10 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Grantee has caused this Agreement to be executed in its names and behalf, on or as of the date first above written. THE CITY OF SUPERIOR, WISCONSIN By Its Mayor By Its City Clerk [20260721R 81] 11 __________________________ Up North DeCaro Superior LLC By Its [20260721R 82] EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY WEST SUPERIOR 1ST DIVISION LOT 26, BLK 123 [20260721R 83] EXHIBIT B CERTIFICATE OF COMPLETION OF CONSTRUCTION WHEREAS, by a Development Agreement (the “Agreement”) dated ______________, 20_____, entered into by and among the City of Superior, Wisconsin (the “ City”) and ______________________, a ________________ (the “ Grantee”), the Grantee has developed the real property (the “Site”) described on the attached Exhibit A, by construction, or by causing to be constructed, the improvements thereon according to the terms and conditions of the Agreement; WHEREAS, pursuant to the Agreement, promptly after completion of all work of construction to be completed by the Grantee upon the Site, the City is required to furnish the Grantee with a Certificate of Completion upon written request therefor by the Grantee; WHEREAS, the issuance by the City of the Certificate of Completion shall be conclusive evidence that the Grantee has complied with the terms of the Agreement pertaining to construction of the Improvements on the Site; WHEREAS, the Grantee has requested that the City furnish the Grantee with the Certificate of Completion; and WHEREAS, the City has conclusively determined that the work of construction of the Improvements on the Site as required by the Agreement has been satisfactorily completed. NOW, THEREFORE, be it resolved: 1. As provided in the Agreement, the City does hereby certify that construction of the Improvements on the Site has been fully and satisfactorily performed and completed, and that such construction work is in full compliance with the terms, provisions and conditions established in the Agreement. 2. The Agreement is therefore of no further force and effect, and all rights duties, obligations, and liabilities of the City and the Grantee thereunder regarding initial construction of the Improvements on the Site, and the obligations relating to reconstruction as described in Section 4.02 of the Agreement, shall cease to exist. All continuing and existing rights, duties, obligations and liabilities provided in the Agreement shall continue to remain in force and effect. 3. This Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the work of construction and development of the improvements on the Site, or any part thereof. This Certificate of Completion is not a notice of completion as referenced in Wisconsin Statutes. [20260721R 84] 2 IN WITNESS WHEREOF, the City has executed this Certificate of Completion as of this ______ day of ______________, 20____. CITY OF SUPERIOR, WISCONSIN By ____________________________________ Its Mayor By _____________________________________ Its City Clerk ACCEPTED BY: ________________________________ Up North DeCaro Superior LLC By Its [20260721R 85] EXHIBIT A TO CERTIFICATE OF COMPLETION LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY WEST SUPERIOR 1ST DIVISION LOT 26, BLK 123 [20260721R 86] 2 EXHIBIT C SCHEDULE Agreement Reference Activity Required Date Section 3.01 Construction Plans Approved July 31, 2026 Section 3.02 Grantee commences construction of Improvements July 31, 2026 Section 3.02 Completion of Improvements July 31, 2027 [20260721R 87] EXHIBIT D SOURCES AND USES OF FUNDS FOR PROJECT SOURCES Owner Equity (min. 10%) $108,210.00 City Grant (50%) Loan/Other Funds $20,000.00 Total $20,000.00 USES Estimated cost of acquisition and construction/renovations of the Development Property $20,000.00 Eligible Uses for the Grant: golf/game simulators $20,000.00 Total $108,210.00 [20260721R 88] [20260721R 89] [20260721R 90] [20260721R 91] [20260721R 92] [20260721R 93] [20260721R 94] [20260721R 95] Funding Sources Uses James Russ(angel investor) $88,315.48 (this total includes the quote from Collins Equipment) (Anderson and Hammack and/or Stack Bros) Collins Equipment 15 stylist chairs And 4 pedicure spa tubs (bid attached) $33,104.54 See above (Anderson and Hammack) Belknap Plumbing (bid attached) $13,800.00 See above (Anderson and Hammack) Belknap Electric (bid attached) $7,755.00 See above (Anderson and Hammack) Superior Glass Inc (bid attached) $4,562.96 See above (Anderson and Hammack) Carlson’s Floor Center Inc. $4,512.00 See above (Anderson and Hammack) Groundworks concrete (bid attached) $5,232.88 See Above Full bid including labor from Anderson and Hammack (bid attached) $55,210.94 (this total is including the separate contractor bids listed above, included in this full bid is permits, labor, admin, delivery, sitework, cleanup, painting, trim work, framing, demolition, drywall) James Russ(angel investor) $104,131.54 (this total includes the quote from Collins Equipment) Stack Bros including labor bid attached $71,027.00 (not including the equipment but all equipment is listed in bids above) Lisa and Paul Russ Bank Financing NBC 7.75% interest $5,000.00 One pedicure chair $4,995 (bid attached) (this amount is included in Collins Equipment full bid above) Small Business Grant $20,000 Collins Equipment of 15 stylist chairs and other 3 pedicure chairs $24,534.75 (also included in the full Collins bid amount above) Total: Based off which contractor → Total: (Anderson and Hammock Total:$88,315.48) (Stack Bros Total:$104,131.54) [20260721R 96] Project Timeline for La Peinado Salon and Spa LLC Starting September 1st 2026 and completion hoped to be November 30th 2026. Projected 60-90 days Launch date December 1st 2026 [20260721R 97] Contractor Information Anderson and Hammack - Terry Hammack - 715.395.2784 Belknap Plumbing - Chris Scharte - 715.394.7754 Belknap Electric - Jason Shearman - 715.394.7769 Ground Works - Terry Hammack - 320.204.5299 Collins Equipment - Leslie Groves - 303.829.6507 Stack Bros. - Brad Zezulka - 715.398.2964 Superior Glass - 218.591.6733 Carlson Floor Center - 715.398.6503 [20260721R 98] www.collins.co QUOTE 20260529-133033818 Created May 29, 2026 Valid Through August 28, 2026 Grand Total $33,104.54 COMMENTS/NOTES FROM LESLIE PRODUCT ITEM DESCRIPTION PRICE QTY SUBTOTAL Name: Continuum Vantage Pedicure Chair SKU 1706-102 Base / Toe Color Espresso Pear Top Color Chocolate $4,995.00  4 $17,982.00 after 10% discount Name: Continuum Power Drain Pump SKU 1706-900 $348.00  2 $626.40 after 10% discount Name: Brixen Styling Chair SKU E200- Main / Body Color Flat Black $749.00  15 $9,549.75 after 15% discount PREPARED BY Leslie Groves Collins 2000 Bowser Rd. Cookeville, TN 38506 United States leslie@collins.co BILL TO Lisa Russ lisa@lapeinadosalon.com 7158172218 La Peinado Salon SHIP TO Lapeinado Salon 2802 Tower Ave Superior, WI 54880 Lisa Russ 7158172218 [20260721R 99] PRODUCT ITEM DESCRIPTION PRICE QTY SUBTOTAL Name: Optional -4250BB Base SKU -4250BB $39.00  15 $497.25 after 15% discount Name: Included 01 Tubular Steel Footrest SKU -10268C $0.00  15 $0.00 Name: Freight - Shipping Only Common Carrier - FOB Origin SKU FR020200 $899.74  1 $899.74 Name: Freight - Shipping Only Common Carrier - FOB Origin (Copy) SKU FR020200 $1,823.57  1 $1,823.57 [20260721R 100] Sales Tax $1,725.83 5.5% tax TOTAL $33,104.54 PAYMENT TERMS Quotation is based on the use of Collins QSE or MTO standard laminate selections unless noted otherwise. All Items are quoted at net price - FOB Factory - Cookeville, TN. unless noted otherwise.  Unless different terms have been previously established, terms are 50% deposit with order; with the remaining balance due prior to shipping. MAILED PAYMENT Collins 2000 Bowser Rd. Cookeville, TN 38506 United States [20260721R 101] 1 of 6 Proposal - WI T&M 165-5 Issue Date Expires PREPARED BY Terry Hammack Anderson & Hammack Construction (715) 395-2784 TerryHammack@gmail.com 301 Tower Ave, Superior , WI 54880, USA PREPARED FOR Lisa Russ LAPEINADO SALON & SPA (715) 817-2218 lisa@lapeinadosalon.com 2802 Tower Ave, Superior , WI 54880, USA PROPOSAL - WI T&M DETAILS 2802 Tower Ave, Superior , WI 54880, USA We are pleased to submit this time and material construction proposal for your consideration. Anderson & Hammack Construction Company [Contractor] shall furnish specified materials and perform all the work for [Owner(s)] as follows: Admin and General $2,010.00 Pre-Construction Services $440.00 Labor - PCA Estimating 4 Hours $110.00 $440.00 Labor-Initial Visit 2 Hours $0.00 $0.00 Building Permits $360.00 Builder shall complete permit applications and make submissions to municipality for all building and mechanical permits required. Independent municipal review costs will be billed to client as needed for storm water management and engineering review. Building Permit - City of Superior 1 Each $250.00 $250.00 City Permit Required for Construction Labor-Administration 1 Hours $110.00 $110.00 Supervision/Management $880.00 Supervision/Management 8 Hours $110.00 $880.00 Portable Restrooms $330.00 Portable restrooms as needed. Portable Restroom 3 Weeks $110.00 $330.00 Site Work $2,594.94 Mobilization/Demobilization $760.00 Labor and equipment necessary to prepare for , and return from the job. Includes hauling of trailer(s), equipment, tools, and materials. Labor-Mobilization/Demobilization 8 Hours $95.00 $760.00 Material Delivery $280.00 The cost of the delivery of materials to the job site. Labor-Material Delivery 4 Hours $70.00 $280.00 Job Site Clean-Up $1,554.94 Costs related to daily clean-ups and hauling and proper disposal of all construction materials. Labor-Masking & Protection 2 Hours $95.00 $190.00 Labor-Daily Cleanup 2 Hours $95.00 $190.00 June 29, 2026 July 29, 2026 DESCRIPTION QTY UNIT PRICE TOTAL [20260721R 102] 2 of 6 Labor-Final Cleanup 4 Hours $95.00 $380.00 Clean Up Material 1 Each $29.94 $29.94 Labor-Debris Hauling & Disposal 4 Hours $95.00 $380.00 10 Yard Dumpster Zone 1 - WI (5 Mi) 1 Each $385.00 $385.00 Demolition $1,685.00 Demolition of work area as defined per agreement and architectural plans and as defined by selections below. • • Prep of existing wall framing to include checking wall, floors and ceilings for plumb, level, square and straightness that might affect installation of cabinetry, appliances and fixtures, extra time may be necessary if adjustment is needed. Labor-Demolition 16 Hours $95.00 $1,520.00 Remove drywall from the walls in the smaller room and the wall to be removed in the other . Remove the wall between the two rooms Remove wallpaper on the two remaining walls in the small room, removal of existing drywall may be required . Remove existing doors and framing in new archway location. Remove the existing window and base trims carefully so they can be reused. Prep of existing wall framing to include checking wall, floors and ceilings for plumb, level, square and straightness that might affect installation of cabinetry, appliances and fixtures, extra time may be necessary if adjustment is needed. Builders Hardware and Fasteners 1 Each $165.00 $165.00 Sidewalk Repair $5,756.17 Settle Stop 1 Each $5,756.17 $5,756.17 Lift existing concrete to eliminate any tripping hazard. This has a 5 year annual service plan to ensure this is done moving. Framing $1,360.37 Frame new 2x6 plumbing wall, and new archway into the room Labor-Main Level Wall Framing 12 Hours $95.00 $1,140.00 BT2410 - 2x4-10' Brown Treated 1 Each $13.23 $13.23 S24104PC - 2x4-9' Precut 10 Each $6.62 $66.23 BT2610 - 2x6-10' Brown Treated 1 Each $18.91 $18.91 S26104PC - 2x6-9' Precut Studs 10 Each $9.45 $94.50 Builders Hardware and Fasteners 1 Each $27.50 $27.50 Windows $4,972.88 Remove and replace the 4 existing arched windows with new triple pane glass. Ensure there is adequate insulation between window and framing. Labor-Window & Patio Door Installation 2 Hours $95.00 $190.00 Window Package 1 Package $4,757.59 $4,757.59 Measure & Template new Glass for (4) Roundtop Insulated glass units Remove and Install Dap 812 Draftstop W&D Foam 1 Each $25.29 $25.29 Drywall $2,748.76 Repair drywall where wall was removed and install new drywall on the new plumbing wall and archway area. Labor-Hang Drywall 8 Hours $95.00 $760.00 Labor-Finish Drywall 16 Hours $95.00 $1,520.00 Drywall 4x12-1/2" 8 Each $27.46 $219.65 [20260721R 103] 3 of 6 Drywall 4x12-5/8" 1 Each $34.61 $34.61 Joint Compound - Plus 3 4.5gal 1 Each $23.81 $23.81 Joint Tape 250' 1 Each $4.78 $4.78 Senco DuraSpin 1000ct 1 Each $75.91 $75.91 Drywall Materials 1 Package $110.00 $110.00 Interior Painting $1,927.17 Paint the affected wall in the hallway and the ceiling and walls of the new room. Repaint the window frames after replacing the glass. Paint the new base trim Labor-Interior Prime/Paint/Stain 16 Hours $95.00 $1,520.00 Primer - Gallon 2 Each $23.73 $47.45 Paint - Gallon 3 Each $64.91 $194.72 Paint Supplies 1 Each $165.00 $165.00 Trimwork $570.00 Install existing window trim and new baseboard Labor-Base Trim 2 Hours $95.00 $190.00 Labor-Door and Window Casing 4 Hours $95.00 $380.00 Bayer Built 156A 50 Linear Feet $0.00 $0.00 Primed Poplar Flooring $4,963.70 Remove and dispose of the existing tile Level floor if needed Install new LVT specified by client Flooring - LVT 1 Package $4,963.70 $4,963.70 Plumbing $13,800.00 Plumbing 1 Package $13,800.00 $13,800.00 Plumb in (4) new pedicure stations Electrical $7,755.00 Remove existing light fixtures and devices as needed for room demo and wall removal Install GFCI outlets for (4) new pedicure chairs Install lighting boxes for track lighting above each station Install lighting box in the center of the new room for a pendant light fixture Provide new switches for track lights and pendant light Install convenience outlets in the new room layout Install new light fixtures Electrical 1 Package $5,755.00 $5,755.00 Electrical Fixture Budget 1 Package $2,000.00 $2,000.00 Overhead $5,066.95 Overhead 1 Each $5,066.95 $5,066.95 10% overhead for entire project TOTAL $55,210.94 [20260721R 104] 4 of 6 All costs of this contract will be billed as follows: Material Delivery - $70.00/hr Laborer - $80.00/hr Carpenter/Painter - $95.00/hr Project Foreman - $110.00/hr Interior Designer - $110.00/hr Materials - Our cost plus 10% Subcontractors - Our cost plus 10% Profit/overhead - 10% of section All material is guaranteed to be as specified and the above work will be performed to meet or exceed the Performance Guidelines set forth by the National Association of Home Builders (NAHB). The materials and work will also be performed to the specifications submitted for above work and completed in a substantial workmanlike manner . The Owner(s) hereby agree(s) to pay Contractor in the following manner: ($7500.00) deposit before start of project. Monthly draws will be taken with the balance due within ten (10) days upon completion of contract. In the event any installment is not paid when due, Contractor may stop work until payment is made and for five (5) days thereafter . In the event any amount is not paid within ten (10) days after it is due, Contractor may take such action as may be necessary, including legal proceedings, to enforce its rights hereunder . We will provide lien waivers for major suppliers and sub-contractors upon payment of each invoice. All receipts for materials and invoices from sub-contractors will be made available upon request. This agreement and the price are based solely on the observations made at the time of the agreement. If additional concealed conditions are discovered once work has commenced, which conditions were not visible at the time of this agreement we will identify the unforeseen conditions, and Owner and Anderson & Hammack will execute a change order , if necessary, for any additional work. Customer agrees to pay for unexpected or unanticipated extra costs. Owner will be responsible for all additional costs and time for work due to concealed conditions. Such conditions may also extend the time for completion of our work under this agreement. This estimate is for completing the job as described above. It is based on our evaluation and is written as a time and material contract, does not include material price increases or decreases. Material prices are expected to change and will be at whatever the cost is at time of purchase. This cost could be more or less than the cost in the estimate. Sub-contractors may not be able to fulfill contract obligations. In this event, new bids will be obtained and could become an additional charge to the customer . Any alteration or deviation from the specifications provided involving extra costs will become an extra charge over and above the written estimate. Due to the rapid fluctuation of material prices, this bid is good for 30 days. Contractor shall not be liable for any delay or additional cost due to circumstances beyond its control including acts of God, fire, flood, geology (i.e.. ledge rock, buried utilities and non-bearing soil conditions) or any other unavoidable and/or unforeseen casualties; or by labor strikes, late delivery of materials; or by neglect of the Owner(s). The Owner(s) agree(s) to maintain all buildings and property insured against loss or damage by fire, lightning, and such other perils including all other risks, hazards, vandalism, malicious mischief, burglary, theft and, if applicable boiler explosion, as are included in a standard homeowner’s insurance policy. Such insurance shall be in an amount not less than the full replacement cost of the buildings and property. The Contractor shall maintain a commercial general liability insurance policy (CGL) that insures against property damage, bodily injury and death relating to Contractor’s performance of this agreement. The area or areas of the property to be worked on will be cleared of pictures, furniture and other personal items that could be damaged or hamper the timely completion of your project. If the owner provides materials for the project, the owner bears all responsibilities regarding the condition, performance and warranties of such items. In addition, all materials supplied by owner need to be in good and sufficient condition and be on-site at the beginning of the project, with the necessary parts to install all items present. All work to be performed will meet the Residential Construction Performance Guidelines for Professional Builders and Remodelers as set forth by the Remodelers Council and Single-Family Small Volume Builders Committee of the National Association of Home Builders. You may purchase a copy of this book by calling Home Builder Bookstore at 1-800-223-2665. This contract may be withdrawn if not accepted within 30 days. [20260721R 105] 5 of 6 Sincerely, ANDERSON & HAMMACK CONSTRUCTION COMPANY Nicholas Olson Our Payment Terms The Owner(s) hereby agree(s) to pay Contractor in the following manner: · Deposit within 10 days of signing the contract. Amount indicated above. · Monthly draws will be taken at the end of each month until project is complete. Owner agrees to pay invoices within 10 calendar days of receiving the invoice. In the event any installment is not paid when due, Contractor may stop work until payment is received. When payment is received the project will then be put back on the schedule with no guaranteed re-start date. Ways in which Owner(s) can pay: 1. By check and bringing it or mailing it to: 301 Tower Ave Superior , WI 54880 2. By ACH transfer , where you can transfer funds from your bank to ours. You can either use the link within the invoice, or you can call our office at 715.395.2784 ext. #2. 3. By credit card, in which case you will be charged a 3% transaction fee. This can only be done by calling our office at 715.395.2784 ext. #2. ACCEPTANCE OF PROPOSAL AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, CLAIMANT HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR PROCURING LABOR , SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CLAIMANT, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CLAIMANT AGREES TO COOPERATE WITH THE OWNER AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. OUR VENDORS MAY SEND PRE-LIEN NOTICES TO YOU DIRECTLY DEPENDING ON THEIR COMPANY POLICY. This agreement shall be interpreted under the laws of the State of Wisconsin. The defendant shall pay attorney’s fees and court costs if judgment must be and is, obtained to enforce this agreement or any breach thereof. The above prices and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as shown above. [20260721R 106] 6 of 6 The above specifications, costs, and terms are hereby accepted. ALYSSA ANTTILA DATE LISA RUSS DATE [20260721R 107] Rush City 1325 S Frandsen Ave Rush City, MN 55069 Phone: (320) 204-5299 Licensed Contractor DCQ-122201339 Date 6/18/2026 Customer Terry Hammack Phone (Work or Home) (218)393-3496 Project Location 2802 Tower Avenue Supeior, WI 54880 E-mail Terry@andersonhammack.com PROPOSED PRODUCTS QTY SettleStop PolyRenewal - 400-799 475.0 5 Year Annual Service Plan 1.0 Caulk Control Joint 16.0 Subtotal $5,814.31 Discount $581.43 Contract Price $5,232.88 This Contract, along with the Terms and Conditions, the Warranties, the Notice of Cancellation, and the Payment Terms form the contract (the "Contract") between the Customer and Groundworks Minnesota, LLC (the “Contractor”). X__________ Customer is responsible for removing all personal items from the work area. X__________ Customer assumes responsibility for damages to hidden or unmarked utility lines. X__________ Stabilization is warrantied. Contractor can attempt to lift at Customer's request. X__________ A full perimeter drainage system with sump pump was recommended. X__________ Customer is aware of warranty and all addenda. X__________ Customer is responsible for providing all necessary electrical outlets. Acceptance of Contract - The above prices, specifications, conditions, and separate warranty are satisfactory and hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above or in accordance with the attached addendum. Subject to the Terms and Conditions, Contractor shall endeavor to start work within one hundred fifty (150) days of the date of the Contract and shall endeavor to complete the work within an estimated one hundred twenty (120) days of the start date of the work.. Customer X____________________________________________________________ X____________________________________________________________ Date 6/18/2026 Contractor _X____________________________________________________________ _ Date 6/18/2026 [20260721R 108] Supplemental Notes Groundworks Minnesota, LLC to: Product Specifications Five years of service is included in this contract. Customer is aware this will be on the aniversary date of install completed. This is not refundable and will transfer to new home owners if house is sold. Install caulk in the factory control joints. The total linear feet included in this contract are specified on the products page of this contract. Customer is aware that the caulk will not match the concrete. [20260721R 109] Terms and Conditions 1. Services. Groundworks Minnesota, LLC d/b/a Groundworks, license no.DCQ-122201339, is licensed by Wisconsin Department of Safety and Professional Services. This Contract for the services requested by Customer (the “Work”) is based primarily upon Customer’s description of the project and/or the related problem(s) and is intended to remediate those problem(s). Contractor assumes existing construction generally complies with the relevant building codes. Any drawing(s) attached to the Contract are intended solely for illustration purposes, are not to scale, and do not create any additional representation, warranty, or commitment on the part of Contractor in connection with the Work. Contractor is not responsible for products, services, or conditions not expressly reflected herein, not expressly included in the Contract, and not purchased and paid for by Customer. Start dates and completion deadlines for the Work are approximate and may be affected by events beyond Contractor’s control, such as weather, permitting issues, access to the property, etc. Any delay caused by events beyond the control of Contractor shall not constitute abandonment and shall not be included in calculating timeframes for payment and performance. Contractor reserves the right to amend the scope of the Work in order to best address the project and/or problems. Any changes to the scope of Work which change the cost, materials, work to be performed, or estimated completion date must be made in writing, signed by both parties, and paid for before the Work can be performed. Any deviation from the scope of Work set forth in the Contract that results in additional costs, including but not limited to unforeseen site conditions, unusual building construction, changes needed after Contractor’s engineering/ management review of the signed Contract, and/or special requirements from the county/city/agency, will become an extra charge over and above the contract amount set forth in the Contract. If Customer and Contractor cannot agree on the amount of such additional costs and sign an amendment to the Contract, then Contractor has the option, at its sole discretion, of not proceeding with the Work and canceling the Contract for its convenience. Contractor reserves the right to substitute a product with an equivalent or superior product. The Work will be completed in a workmanlike manner according to the standard practices of the industry, and Contractor will comply with local permitting, inspection, and zoning requirements. 2. Acceptance of Contract. By signing the Contract, Customer acknowledges that he/she understands and accepts all terms, the Terms and Conditions and the Warranties, and desires to enter into a contract with Contractor for the completion of the Work. Customer’s signature authorizes Contractor to perform the Work as specified in the Contract. The Contract may be withdrawn by Contractor if it is not accepted within thirty (30) days from the date of delivery. 3. Compensation. Customer agrees to pay Contractor compensation as set forth in the Contract. Payment must be made in full upon completion of the Work. Failure by Customer to make payments when due shall constitute a breach of the Contract. A service fee of $25 will be charged for each returned check, and interest at a rate of 1% per month shall be applied to any amounts owed by Customer to Contractor if Customer fails to pay the amounts owed for the Work as agreed. 4. Insurance. Contractor represents and warrants that it maintains insurance as set forth in the Contractor’s Certificate of Liability Insurance, which can be made available upon request. 5. Dispute Resolution. Dispute Resolution. The Contract shall be governed by the law of the place where the project is located, excluding that jurisdiction’s choice of law rules. Except for instances of failure to pay the full amount of the Contract, any claim, dispute, or other matter in controversy arising out of or related to this Contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Construction Industry Arbitration Rules in the place where the project is located, unless another location is mutually agreed upon, and judgment on the award rendered by the single arbitrator appointed to decide such proceeding may be entered in accordance with applicable law in any court having jurisdiction thereof. The fee schedule is listed on the AAA website at http://info.adr.org/constructionfeeschedule/. If Customer elects to initiate arbitration, the arbitrator has the discretion and authority to award such remedies as may be available under applicable law. If payment in full is not made when due, Contractor is entitled to proceed with litigation and may recover all expenses of collection, including attorneys’ fees, court costs, court reporter fees, and expert witness fees, in such amount as the court may adjudge reasonable. Contractor is also entitled to recover interest on the unpaid amount from the date due until paid at the rate of 1% per month. EACH PARTY TO THIS CONTRACT FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, WAIVES ALL RIGHTS TO TRIAL BY JURY FOR ANY CLAIM, DISPUTE, OR OTHER MATTER IN CONTROVERSY ARISING OUT OF OR RELATED TO THIS CONTRACT. 6. Customer's Responsibility. a. Cosmetic Repairs. Unless specifically noted in the Contract, Contractor is not responsible for any cosmetic repairs. Rather, Customer is responsible for any finished carpentry, painting, repointing, electrical work, extending discharge lines, replacement of floor tiles, carpeting, paneling, etc. that may be necessary after Contractor has completed the Work, unless such repairs are specifically identified in the Contract. When trenching or excavation is required, Contractor will backfill and compact soil to the best of its ability; however, Customer may need to add more topsoil at a later date if the excavated area settles. Customer is also responsible for any landscaping, reseeding, and resodding that may be necessary after Contractor has completed the Work. b. Utilities. Contractor will call the appropriate utility protection service or damage prevention authority (i.e., 811 or “Miss Utility”) to have all public underground utilities located. If Customer lives at a rural address, public lines will only be located to the pole or Customer’s property line. Customer is responsible for marking any private lines such as satellite dish cables, propane lines, low voltage lighting wires, sprinkler system lines, security system wires, services to outbuildings and swimming pools, etc. Customer assumes all responsibility for damage caused to hidden, buried, or unmarked fuel/utility/service/private lines. Unless otherwise noted, electrical work is not included in this Contract and problems with electrical connections are the responsibility of Customer. c. Water Seepage. Customer agrees to maintain positive drainage away from any wall(s) repaired by wall anchors, foundation piers, and/or carbon fiber strips/reinforcers. In the event of a wall anchor installation, a water management system is recommended to reduce hydrostatic pressure (which increases at greater depths) on the wall(s) and reduce the chance of water seepage into the basement. Water seepage into any area of the basement is NOT covered by the attached Warranties. d. Access and Personal Property. Customer shall provide access to the areas where the Work is to be performed and shall furnish utilities of electric and water at no cost to Contractor. Customer shall prepare such areas so that Contractor can begin work, including moving all items at least 10 feet away from areas where Work is to be performed and adequately sealing off living space from work areas. Customer shall remove or protect personal property, inside and outside of the residence, including but not limited to carpets, rugs, shrubs and plants, and Contractor shall not be responsible for said items. In the event that the removals have not been completed by the scheduled start date for Work, Customer shall be assessed a trip fee of $250. Contractor may offer, but is not required, to assist (i) in the preparation of the Work areas and/or (ii) in the removal and replacement of drywall, paneling, flooring, finish carpentry, wall coverings, or landscaping at a rate of $40 per man hour. e. Representations. Customer warrants that except as described in the request for service, all electrical, plumbing, HVAC, restoration, and handyman services located on the property are in good repair and condition and agrees to indemnify Contractor for any defective conditions that exist prior to or that occur after performance of the Work through no fault of Contractor. Customer is responsible for protecting the components that Contractor provides from future damage and shall follow all instructions provided in maintaining and protecting such components. [20260721R 110] 7. On-Site Meetings. Customer shall meet with Contractor on-site before the Work begins and shall meet with Contractor on-site when the Work is completed and ready for inspection such that Contractor can explain the Work and finalize payment by Customer. Customer shall be responsible for being present on-site during any attempts to lift any part of the structure and/or concrete pavement. 8. Notice and Contractor’s Right to Cure. Customer shall promptly report, in writing, any problems with the Work to Contractor. If the problem with the Work is attributable to Contractor, Contractor will begin to repair/correct the problem within fourteen (14) days of receipt of written notice and shall complete the repair/correction in a reasonable time. 9. Assignment. This Contract will be binding upon the parties hereto and their respective successors and assigns. This Contract is not assignable without the written consent of both parties. 10. No Reliance. The Customer acknowledges and understands that the purpose of this document is limited to identifying the home improvement Work that (Groundworks) has proposed to be completed on the subject matter property identified in this document. The representations made by (Groundworks) herein are limited to the scope and completion of the Work and should not be used for any other purpose by the Customer whatsoever. Nothing contained in this document should be relied on by the Customer when making any decisions unrelated to the completion of the Work including, but not limited to, the purchase, sale, or transacting of the subject matter property. Absent any such representation being expressly written into this document and acknowledged in writing by both parties, (Groundworks) makes no representations as to whether the subject matter property should be purchased, sold, or otherwise transacted. 11. Miscellaneous. This Contract constitutes the entire agreement of the parties. All prior agreements, whether written or oral, are merged herein and shall be of no force or effect. This Contract shall not be modified except in writing signed by both parties. The waiver by any party of a breach or the failure to enforce any provision of this Contract shall not operate as a continued waiver or agreement or be construed as any other waiver or agreement. The validity, performance, and construction of this Contract shall be governed and interpreted in accordance with the law of the place where the project is located. If any term, condition, or provision of this Contract is found unenforceable by a court of law or equity, this Contract shall be construed as though that term, condition, or provision did not exist, and its unenforceability shall have no effect whatsoever on the rest of this Contract. 12. Signatures. This Contract may be executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of which shall be deemed to be one and the same instrument. This Contract may be executed by facsimile or electronic signature pages which shall have the same force and effect as original executed signature pages. The person signing below for Customer represents that he/she has authority to act on behalf of the owner(s) of the property described in the Contract. 13. Limitation of Liability. IN NO EVENT SHALL CONTRACTOR BE RESPONSIBLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE OF THE SUBJECT PROPERTY, DAMAGE TO ANY PROPERTY NOT FURNISHED BY CONTRACTOR, ATTORNEYS’ FEES, EXPERT FEES AND/OR COSTS. THE TOTAL LIABILITY OF CONTRACTOR UNDER ANY CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS CONTRACT AND/OR THE WORK SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY CUSTOMER TO CONTRACTOR PURSUANT TO THIS CONTRACT. 14. Notice of Consumer’s Right to Receive Lien Waivers. If a consumer requests lien waivers, a seller of home improvement services must provide lien waivers from all contractors, subcontractors, and material suppliers. This Wisconsin law protects consumers from having liens filed against their property. Lien waivers prevent the filing of a lien on your home in the event that a contractor does not pay suppliers or subcontractors. For more information about home improvement law, contact the Wisconsin Consumer Protection Bureau at 1−800−422−7128 or www.datcp.wi.gov. IN WITNESS WHEREOF, Customer and Contractor have caused their duly authorized representatives to execute this Contract as of the date first written above. Customer Name: X___________________________________________________ By: Terry Hammack Contractor Groundworks Minnesota, LLC Name: _X___________________________________________________ By: Tyler Gephart [20260721R 111] Warranties These Warranties are in effect only after the Work is completed and Customer has paid in full. If payment is not received, these Warranties are null and void. These Warranties are made in lieu of all other warranties, express or implied, and of all other obligations on the part of Contractor to Customer. There are no other oral or written warranties. There are no warranties which extend beyond the descriptions that appear below, including no warranties of express or implied merchantability and no warranties of express or implied fitness for a particular purpose. These Warranties are transferable to future owners of the structure on which the Work is completed. Contractor shall charge a fee of $240 to complete a system inspection and new owner orientation. All warranty claims must be brought prior to the expiration of the applicable warranty period in order to be valid. Contractor does not warrant products not mentioned herein. Some products may be covered by a separate manufacturer’s warranty, and Customer is responsible for compliance with any notice and claim procedure included in such warranties. 1. Definitions. The term “stabilize,” as used in these Warranties, shall mean to make unlikely to give way or fail. The term “horizontal movement”, as used in these Warranties shall mean bowing. The term “vertical movement,” as used in these Warranties shall mean settlement. 2. Wall Support Systems. Contractor hereby warrants that wall support systems, including wall anchors, carbon fiber strips, and steel I-beam systems, will stop further inward horizontal movement of the wall(s) in the areas where they are installed for the lifetime of the structure from the date of installation. Wall support systems are warranted only to stabilize repaired walls(s), not straighten. Walls that do not have wall support systems installed by Contractor entirely from corner to corner are not warranted. Contractor recommends annual maintenance for wall support systems. The cost of maintenance is not included in this contract, but maintenance is available from Contractor at an additional charge. For carbon fiber strips, contractor does not warrant against: (1) any tipping or leaning at the top of the wall(s) repaired; (2) shearing or sliding at the bottom of the wall(s) repaired. In the rare instance that the repaired wall(s) experience leaning or shearing, steel brackets or other methods can be installed by Contractor at an additional charge. 3. Foundation Push Piers and Foundation Helical Piers. Contractor warrants that the foundation push piers and foundation helical piers will stabilize the affected area(s) against further vertical movement for the lifetime of the structure from the date of installation. Contractor DOES NOT WARRANT TO LIFT ANY STRUCTURE, to close cracks, to render doors and windows operational, or to move walls back to their original position, but will do its best to achieve positive results in this regard, if lift is requested by Customer. Contractor is not responsible for any damages caused by a lifting operation on Customer’s foundation. Foundation push piers and foundation helical piers are sold and installed without the benefit of detailed knowledge of the existing foundation construction or subsurface conditions at the site. Contractor reserves the right to conduct a more thorough subsurface investigation, if necessary. Such an investigation may result in additional charges and delays. 4. Steel Columns/Adjustable Screw Jacks/IntelliJack Supports/SettleStop Floor Supports. Contractor warrants that the support system will stabilize the affected area(s) against further vertical movement for a period of two (2) years from the date of installation. This two (2) years warranty against further vertical movement is separate and apart from the manufacturer’s warranty of twenty-five (25) years on the product(s). Contractor DOES NOT WARRANT TO LIFT ANY STRUCTURE, to close cracks, to render doors and windows operational, or to move walls back to their original position, but will do its best to achieve positive results in this regard, if lift is requested by Customer. Contractor is not responsible for any damages caused by a lifting operation on Customer’s framing. The condition of wood located in crawl spaces can be highly variable and can rapidly deteriorate or move as a result of changes in environmental conditions and/or changes in the building envelope conditions. Contractor is not responsible for wood repair (i.e., joist sistering, beam replacement, sill plate repair, cracking/movement in hardwood flooring or tiles) incidental to changes in environmental conditions and/or changes in the building envelope conditions, unless specifically noted in this Contract. Contractor warrants carpentry work for a period of one (1) year. Steel columns/adjustable screw jacks are sold and installed without the benefit of detailed knowledge of the existing foundation construction or subsurface conditions at the site. Contractor reserves the right to conduct a more thorough subsurface investigation, if necessary. Such an investigation may result in additional charges and delays. 5. Slab Piers. Contractor warrants that the slab piers will stabilize the affected area(s) against further vertical movement for a period of ten (10) years from the date of installation. Contractors DOES NOT WARRANT TO LIFT the slab back to its original position. 6. Water Management. Contractor warrants that if water from the walls or floor wall joint passes through the perimeter of the water management system and into the basement floor, Contractor will provide the additional labor and materials to fix the leak at no additional charge to the Customer. This warranty applies to water management systems along the specific areas where the system is installed. This warranty will be in effect for the lifetime of the structure and may be transferred to future homeowners provided Contractor is notified within thirty (30) days of the real estate transfer. Annual maintenance is strongly recommended for all water management systems, but is not required for the warranty to be in effect. The water management system shall not rust, rot, or corrode for the life of the structure. If the entire perimeter of the basement was not treated, then additional work at an additional charge may be necessary to extend the system or treat other areas or other problems not addressed by this Work. In addition, a pump or power failure is possible; therefore, this warranty is not a guarantee of a dry basement. This warranty shall not apply to condensation, or any system that has been altered in any way, water vapor transmission, concrete discoloration from capillary action, water squirting out of the walls over the system, window well flooding, plumbing leaks, surface water flooding, leaks from chimneys or garages, wall dampness, or efflorescence (white powder) on concrete, masonry or bricks. Contractor is not responsible for frozen discharge lines or water once it is pumped from the structure. Installation of a water management system does not include extending discharge lines more than five (5) feet from the foundation or electrical work, unless specified. Floor cracks are warranted against leakage only with full perimeter water management systems. Primary AC operated sump pumps and DC back-up pumps may be covered under a separate manufacturer’s warranty. Systems that drain to daylight cannot be warranted by Contractor if such system does not drain enough water, does not drain water from under the floor, clogs, or freezes. While drainage systems clogging or malfunctioning from iron ochre, iron get, or iron bacteria from the soil are rare, Contractor cannot be responsible for these situations, or for a system that requires cleaning, flushing, or other service as necessary to keep it functioning. 7. Crawl Space Encapsulation. A crawl space encapsulation system will isolate the home from the earth. The humidity level in the air will be lowered, reducing moisture; however, the encapsulation system does not claim to be a mold mitigation system and a dehumidification/air purification system is highly recommended to further reduce mold growth. CrawlSeal has a transferable twenty-five (25) years warranty—there will be no charge for service calls on any tears or holes in the CrawlSeal liner (not caused by abuse or misuse), in the unlikely event this occurs. Wet crawl spaces require a drainage system and a sump pump system to remedy any problems with water below the liner. There will be no charge for Contractor to repair tears or holes in the crawl space encapsulation liner, unless Contractor determines that the tear/hole was caused by abuse or misuse. Sump pumps and crawl space encapsulation systems may be covered under a separate manufacturer’s warranty. Installation of a crawl space encapsulation system does not include extending discharge lines more than five (5) feet from the foundation or electrical work, unless specified. Contractor is not responsible for frozen discharge lines, water once it is pumped from the structure, or condensation. The condition of wood located in crawl spaces can be highly variable and can rapidly deteriorate or move as a result of changes in environmental conditions and/or changes in the building envelope conditions. Contractor is not responsible for the repair of pre-existing wood damage unless specifically noted in this Contract. 8. PolyRenewal and Expanding Polyurethane Structural Foam. Contractor guarantees stabilization of the areas serviced. The customer is aware that the work under contract will fill existing voids but may not lift or level the affected area. Contractor recommends sealing all cracks and joints, and Contractor can do so for an additional charge at Customer’s request. Contractor warrants that the area where the slab of concrete was stabilized will not settle more than ¼ inch for a period of one (1) year from the date of installation. To the extent that the Customer maintains and fully pays for an Annual Service Agreement, this one (1) year warranty will continue annually and in a commensurate manner. In the event that the Contractor determines such movement exists, then Contractor will provide the labor and materials to re-inject the area at no additional charge to Customer. All [20260721R 112] warranties are void if Customer does not maintain grade around slabs and seal joints between slabs. This Warranty does not include patching or caulking between slabs, surface wear and delamination, chemical stains, failure to maintain proper drainage, failures to the installed area that are the result of pre-existing and intrinsic structural deficiencies existing before Contractor commenced work under this Contract, and all other conditions to the installed area that are the result of causes and influences outside the control of the Contractor. 9. Exclusions. THIS WARRANTY DOES NOT COVER, AND CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR: (a) any product or system that is altered in any way; (b) exterior waterproofing; (c) system damage caused by Customer’s negligence, misuse, abuse, or alteration; (d) damage, issues, and conditions incidental to installation, including dust and dirt; (e) changes to wood framing system; (f) damage to personal property of any type; (g) unmarked utility line breakage; (h) private utilities and lines (e.g., sprinkler, plumbing, discharge lines, etc.); (i) damage caused by unforeseen conditions such as mold, asbestos, or lead based paint; (j) removal and/or disposal of any hazardous materials; (k) failure or delay in performance or damage caused by acts of God (flood, fire, storm, earthquake, methane gas, etc.), acts of civil or military authority, or any other cause outside of Contractor’s control; (l) damage beyond Contractor’s control caused by dry rot, corrosion, termite infestation, and substandard construction; (m) damage done during a lifting operation; (n) basement water seepage, unless a full perimeter drainage system has been installed; (o) heave or any damage caused by it; and (p) damage caused by lateral movements and forces of hillside creep, land sliding or slumping of fill soils of deep embankments. EXCEPT AS EXPRESSLY SET FORTH, ALL SERVICES, MATERIALS, PARTS AND COMPONENTS PROVIDED BY CONTRACTOR ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. [20260721R 113] NOTICE OF CANCELLATION Transaction Date:_______________ You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the Contract or sale, and any negotiable instrument executed by you will be returned within 10 BUSINESS DAYS following receipt by Contractor of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract or sale; or you may, if you wish, comply with the instructions of Contractor regarding the return shipment of the goods at Contractor's expense and risk. If you do make the goods available to Contractor and Contractor does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to Contractor, or if you agree to return the goods to Contractor and fail to do so, then you remain liable for performance of all obligations under the Contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to: Groundworks Minnesota, LLC at 1325 S Frandsen Ave, Rush City, MN 55069 NOT LATER THAN MIDNIGHT OF _______________. I HEREBY CANCEL THIS TRANSACTION. (Date) _______________ (Customer's signature) ______________________ If after three business days the transaction has not been canceled, then the deposit will be non-refundable. [20260721R 114] PAYMENT TERMS We propose hereby to complete the services indicated in this Contract for the sum of: Contract Amount $5,232.88 Deposit $1,308.22 Due Upon Completion $3,924.66 Is the project financed? YES _______________ NO _______________ (Financing must be set up at the time of the signed contract.) Approval/Account #____________________________________________________________ X__________ (initial) - Customer must be present on final day of install and final walk-through is to be performed with the job foreman. X__________ (initial) - Balance to be paid in full to foreman on last day of install. (Unless financed) BUYER’S RIGHT TO CANCEL. If this Contract was solicited away from Contractor's regular place of business, and Customer does not want the goods or services, Customer may cancel the Contract by mailing a written notice to Contractor before midnight of the third business day after Customer signed the Contract. If Customer wishes, Customer may use this page as that notice by writing "I hereby cancel" and adding Customer's name and address. A duplicate of this page is provided by Contractor for Customer's records. The notice must be mailed or delivered to: Groundworks Minnesota, LLC at 1325 S Frandsen Ave, Rush City, MN 55069. If Customer cancels a home solicitation sale during the cancellation period listed in this paragraph of the Contract, Contractor must return any payments made by Customer. If Customer does not cancel the transaction during the cancellation period listed in this paragraph of the Contract, the deposit will be non-refundable. See the attached Notice of Cancellation form for further explanation of this cancellation right. Customer X____________________________________________________________ X____________________________________________________________ Date 6/18/2026 Contractor _X____________________________________________________________ _ Date 6/18/2026 [20260721R 115] CARLSON’S FLOOR CENTER INC. 2032 East Fifth Street SUPERIOR WISCONSIN 54880 715.398.6503 Fax 715-398-659 Proposal TO: Terry Hammack JOB NAME: La Pienado DESCRIPTION OF WORK: Install LVT Flooring provided by customer. NOTES: Work to include removal and disposal of existing tile with possible self-leveling, and installation of new flooring . TOTAL PRICE: --$4512.00 TERMS: Due on Completion Date Submitted: 06-29-2026 Carlson’s Floor Center Inc. Please sign and send back to address above or Fax. Acceptance of Proposal _______________________________________________________ Signature / Date ________ [20260721R 116] Quantity Description Rate Amount Date: 1 of 2 105636Quote Your Ref: Page: 6/17/2026 301 Tower Ave Superior WI 54880 Attention: Nick Olson Work: 218 591 6733 Mobile: 218.390.9471 Email: Nick@andersonhammack.com La Peinado 2802 Tower Ave Superior WI 54880 Job: Anderson Hammack- (IG Replace-105636)(S)(DC) Anderson Hammack 1 Round Top Windows 4,325.08 4,325.08 - Measure & Template New Glass for 4 Round Top Insulated Glass Units Supply & Install The Following: - Removal of Existing - (6) Total Pieces of Glass Click here to view and accept the quote online. The above prices, specification, inclusions, exclusions, and conditions are hereby accepted. You authorize the work to be done as specified and have read the notice below. Payments will be made as outlined below. You acknowledge if required your deposit is a nonrefundable guarantee to schedule work to be done and material to be purchased. You acknowledge the use of your project for marketing purpose for Superior Glass Inc. with no financial consideration due to yourself or affected parties involved. $4,562.96Total: Subtotal: 4,325.08 WI Sales Tax Douglas County (DC) 5.5%: 237.88 Superior Glass Inc. Commercial & Residential | 7500 Tower Ave, Superior, WI 54880 Phone: 715-685-0500 | Email: accounting@superiorglass.us | Website: www.Superiorglass.us This quotation is valid for 30 days from the date of issue. Payment is due 30 days from the date of invoice. We accept Visa, Discover, Amex, Mastercard, Cash, ACH / E-Transfer / Bank Transfer, Check. A 3.5% fee is on all Credit cards. [20260721R 117] Contractors Prelien Notice (A) Person or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved land if they are not paid for their contributions even if the parties have no direct contractual relationship with the owner. (B) All Wisconsin Lien Laws apply to this contract if the work is performed in Wisconsin (C) All Minnesota Lien Laws apply to this contract if the work is performed in Minnesota (D) Customer specifically agrees that in the event that the customer fails to pay the remaining purchase price, interest will accrue at 5% per annum. Customer further agrees that in the event customer does not provide payment when due Buyer will pay all costs of collection, including legal expense and reasonable attorney fees, liability for attorney fees is not contingent upon the filing of a lawsuit. Superior Glass Inc. reserves the right to cancel contract at any point and will return any money not applied to labor or materials already completed. (E) Warranties: Seller specifically guarantees the labor will be of industry standard quality. The parties agree that the materials provided are manufactured by companies other than the seller and this seller makes no warranties, express or implied, that extend beyond the words on the face of this agreement. Seller specifically makes no warranties concerning the implied warranties of the merchantability and fitness for a particular purpose. Seller shall not be liable for incidental or consequential damages. Seller shall not be responsible for delays caused by accident, fire, war, act of god, weather, labor difficulties, breakdown or damage to equipment or other causes not within sellers control.(F) Modification: Any alterations or deviations from the above description of work and materials will result in extra costs over and above this estimate. (G) Additional Terms: In the event any provision of this agreement is unenforceable, such unenforceability shall not affect the validity of any other provision herein. The agreement shall be constructed according to the laws of the state of Minnesota or Wisconsin (Which ever applies) and the customer hereby consents to the personal jurisdiction of any Minnesota or Wisconsin Court. Disclaimers (A) This product is glass, it may be sharp. Please handle at your own discretion. By accepting this quote, you have acknowledged this disclaimer. If the glass is broken, it may cause bodily harm. [20260721R 118] [20260721R 119] [20260721R 120] [20260721R 121] Execution Copy: 7/21/2026 SMALL BUSINESS GRANT PROGRAM DEVELOPMENT AGREEMENT BETWEEN CITY OF SUPERIOR, WISCONSIN AND ____________________ LA PEINADO SALON & SPA LLC ___________________ DATED AS OF July 21, 2026 M:\docs\08493\000320\AGM\17Y6522.DOC [20260721R 122] TABLE OF CONTENTS Page Section 1. Definitions, Exhibits, Rules of Interpretation. ............................................................. 1 1.01 Definitions ................................................................................................................... 1 1.02 Exhibits ....................................................................................................................... 2 1.03 Rules of Interpretation ................................................................................................ 2 Section 2. Representations and Warranties of the Grantee. .......................................................... 3 Section 3. Construction of Improvements. .................................................................................... 3 3.01 Construction Plans ...................................................................................................... 3 3.02 Commencement and Completion of Construction. ..................................................... 3 3.03 City’s Obligation to Proceed ....................................................................................... 3 3.04 Certificate of Completion ........................................................................................... 4 3.05 Eligible Uses ............................................................................................................... 4 3.06 Grant Payment for Eligible Uses ................................................................................ 4 Section 4. Insurance; Indemnification. .......................................................................................... 4 4.01 Insurance. .................................................................................................................... 4 4.02 Reconstruction ............................................................................................................ 5 4.03 Release and Indemnification Covenants ..................................................................... 5 Section 5. Events of Default .......................................................................................................... 6 5.01 Events of Default Defined........................................................................................... 6 5.02 Remedies on Default ................................................................................................... 6 5.03 No Remedy Exclusive ................................................................................................. 7 5.04 No Additional Waiver Implied by One Waiver .......................................................... 7 5.05 Agreement to Pay Attorneys’ Fees and Expenses ...................................................... 7 Section 6. Additional Provisions ................................................................................................... 7 6.01 Notices and Demands ................................................................................................. 7 6.02 Counterparts ................................................................................................................ 8 6.03 Amendments ............................................................................................................... 8 6.04 Exhibits ....................................................................................................................... 8 6.05 Entire Agreement ........................................................................................................ 8 6.06 Governing Law and Venue ......................................................................................... 8 6.07 Benefit ......................................................................................................................... 8 6.08 Singular/Plural ............................................................................................................ 8 6.09 Survival ....................................................................................................................... 8 6.10 Legal Counsel ............................................................................................................. 9 6.11 Termination of Agreement .......................................................................................... 9 [20260721R 123] DEVELOPMENT AGREEMENT This Development Agreement is made, entered into and effective as of this __21st __ day of ____July __, 2026_, by and between the CITY OF SUPERIOR, WISCONSIN (the “City”), and _______________ La Peinado Salon & Spa LLC______________ (the “Grantee”). R E C I T A L S: WHEREAS, in an effort to encourage development, redevelopment and renewal of the City of Superior, the City has created a Small Business Grant Program (the “Program”) to assist Qualifying Businesses (as defined in the Program ) in paying for Eligible Costs (as hereinafter defined); and WHEREAS, the Grantee has submitted an application for a grant under the Program and the Common Council has approved a grant, as hereinafter set forth, for a portion of the Eligible Costs, as hereinafter set forth. NOW, THEREFORE, in consideration of the promises and mutual obligations of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, each of them does hereby represent, covenant, and agree with the other as follows: AGREEMENT: Section 1. Definitions, Exhibits, Rules of Interpretation. 1.01 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: “Agreement” means this Development Agreement by and between the City and the Grantee, as the same may be from time to time amended. “Certificate of Completion” means the certification, in the form of the Certificate attached as Exhibit B hereto, provided to the Grantee pursuant to Section 3.04 of this Agreement, upon satisfactory completion of the Improvements. “Construction Plans” means the construction plans for the construction and equipping of the Improvements to be on the Development Property pursuant to this Agreement. “Development Property” means the real property located in the City at 2802 Tower Avenue and described in Exhibit A to this Agreement. “Eligible Costs” means the costs listed for “Eligible Uses for the Grant” on Exhibit D. “Eligible Uses” means the items listed on Exhibit D as “Eligible Uses for the Grant.” “Facilities” means all of the improvements on the Development Property including, but not limited to, the Improvements. [20260721R 124] 2 “Grant” means the development grant under the Program described in Section 3.06 hereof. “Improvements” means those improvements as described and specified in the Construction Plans, but generally described as expenses including spa upgrades and the Eligible Uses. The Improvements are expected to cost approximately $88,315.48. “Project” means the Improvements, including the Eligible Uses, to the Facilities. “Schedule” means the schedule for the elements of the development contemplated by this Agreement, as set forth on Exhibit C. “Sources and Uses Budget” means the Sources and Uses Budget in the form of Exhibit D attached thereto, as updated from time to time. “Unavoidable Delays” means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the improvements being constructed, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local government (other than the City) which directly results in delays. 1.02 Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: Exhibit A Legal Description of Development Property Exhibit B Form of Certificate of Completion Exhibit C Schedule Exhibit D Sources and Uses Budget 1.03 Rules of Interpretation. A. This Agreement and the other agreements executed by the parties in connection with the Development Property shall be interpreted in accordance with and governed by the laws of the State of Wisconsin. B. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. C. References herein to a particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. D. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. [20260721R 125] 3 E. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provision of this Agreement, are declared to be severable. Section 2. Representations and Warranties of the Grantee. A. The Grantee represents and warrants that it has the power to enter into this Agreement and carryout its obligation hereunder. B. The Grantee agrees to construct and equip the Improvements upon the Development Property in accordance with the terms of this Agreement. C. The Grantee will use its best efforts to obtain, in a timely manner, all required permits, licenses and approvals, and to meet, in a timely manner, all requirements of applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and the brewery may be operational. Section 3. Construction of Improvements. 3.01 Construction Plans. Prior to commencing construction of the Improvements, the Grantee shall submit to the City Planning & Development Department the plans for the construction and the equipping of the Improvements. Such plans include the following: (a) site plans; (b) floor plans; (c) elevations; and (d) the parking lot and landscaping plans (the “Construction Plans”), and shall provide for the construction or renovation to the Improvements, including the Eligible Uses, at a development cost totaling approximately $88,315.48. The Grantee agrees that it will construct and equip the Improvements on the Development Property in substantial conformance with the Construction Plans. The Grantee agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Construction Plans. 3.02 Commencement and Completion of Construction. Subject to Unavoidable Delays and subject to satisfaction of the contingencies set forth in Section 3.03, the Grantee shall commence and complete construction on the Improvements as set out on Exhibit C . All work with respect to the Improvements to be constructed or provided by the Grantee on the Development Property shall be in conformity with the Construction Plans. The Grantee agrees that the Grantee shall promptly begin and diligently prosecute to completion construction of the Improvements on the Development Property, and that such construction shall in any event be commenced and completed within the period specified in this Section of the Agreement. 3.03 City’s Obligation to Proceed . The City ’s obligation to proceed under this Development Agreement is contingent upon the following: [20260721R 126] 4 (i) The Grantee shall demonstrate, by way of a letter of commitment or othe r formal assurance, that it has its equity and has received approval for all financing necessary (as outlined in the Sources and Uses Budget) to construct and equip the Improvements; and (ii) The Grantee shall be in material compliance with all the terms and provisions of this Agreement. The contingencies set forth above shall be satisfied on or before July 31 , 2027, or this Agreement shall terminate without further action of the parties unless otherwise agreed to by the parties. 3.04 Certificate of Completion . Promptly after completion of the Improvements in accordance with the provisions of this Agreement, the City will furnish the Grantee with a Certificate of Completion, in substantially the form set forth in Exhibit B attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Grantee, and its successors and assigns, to construct the Improvements. 3.05 Eligible Uses. A. The Grantee shall undertake construction of the Eligible Uses as part of the Improvements. The Eligible Uses for the Grant shall consist of constructing the items set forth on Exhibit D and listed as the “Eligible Uses for the Grant” . The Eligible C osts for the Eligible Uses shall be paid by the City to the Grantee at the time and upon receipt of the documents required hereunder and in Section 3.06 hereof. The Grantee shall pay any costs in excess of such amount. The Grantee shall provide the City with copies of the paid invoices evidencing the Grantee’s actual expenditures in undertaking the Eligible Uses for the Grant. B. Upon expenditures of the amount described in Section 3.05A. above, the City ’s obligation and responsibilities with respect to the Eligible Uses shall terminate. The City shall have no liability to the Grantee or a third party resulting from any defect in the construction of the Improvements or the Eligible Uses or the costs of completing the Eligible Uses if the amount described in Section 3.05A. above is insufficient therefore. The Grantee shall maintain the Eligible Uses after completion of construction. The Grantee agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agent, from any and all claims or causes of action resulting from any alleged defect in the design or construction of the Eligible Uses. 3.06 Grant Payment for Eligible Uses. Upon the Grantee providing the copies of the paid invoices required in Section 3.05A., and upon the City ’s issuing the Certificate of Completion, the City shall pay the Grantee through the Grant for the Eligible Costs incurred for the Eligible Uses pursuant to the Grant in the maximum aggregate amount of $20,000.00. Section 4. Insurance; Indemnification. 4.01 Insurance. [20260721R 127] 5 A. The Grantee will provide and maintain, or cause to be maintained by its contractor, at all times during the process of construction of the Improvements an “All Risk Broad Form Basis” insurance policy (upon which the City shall be listed as an additional insured) and from time to time during that period at the request of the City, furnish the City with proof of payment of premiums on policies covering the following: (i) Builder’s risk insurance, written on the so -called “Builder’s Risk -- Completed Value Basis,” in an amount equal to 100% of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so -called “all risk” form of policy; the interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; and (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner’s Protective Liability Policy with limits against injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits an umbrella excess liability policy may be used). B. All insurance required by this Section shall be taken out and maintained in responsible insurance companies selected by the Grantee which are authorized under the laws of the State of Wisconsin to assume the risks covered thereby. Upon request, the Grantee will deposit with the City a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Section, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Grantee and the City at least 10 days before the cancellation or modification becomes effective. In lieu of separate policies, the Grantee may maintain a single policy, blanket or umbrella policy, or a combination thereof, having the coverage required herein, in which event the Grantee shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Improvements. 4.02 Reconstruction. In the event of damage or destruction of the Facilities, the Grantee will forthwith repair, reconstruct and restore the Facilities to substantially the same or an improved condition or value as they existed prior to the event causing such damage, and to the extent necessary to accomplish such repair, reconstruction and restoration, the Grantee will apply the net proceeds received by the Grantee to the payment or reimbursement of the cost thereof. The Grantee shall complete the repair, reconstruction and restoration of the Facilities whether or not the net proceeds received by the Grantee for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, reconstruction and restoration shall be the property of the Grantee . Notwithstanding anything to the contrary contained in this Article, the rights of the City with respect to the receipt and application of any proceeds of insurance shall in all respects be subject and subordinate to the rights of any lender under a mortgage on the Development Property. The obligation to repair, reconstruct and restore the Facilities pursuant to this Section 4.02 terminates upon the issuance of the Certificate of Completion. 4.03 Release and Indemnification Covenants. [20260721R 128] 6 A. The Grantee releases from and covenants and agrees that the City and its governing body members, officers, agents, including their independent contractors, consultants and legal counsel, servants and employees (hereinafter, for purposes of this Section, collectively the “indemnified parties”) shall not be liable for and agrees to indemnify and hold harmless the indemnified parties against (i) any loss or damage to property or any injury to or death of any person resulting from any defect in the Facilities and/or the Improvements, and (ii) any loss, damage, liability or claim therefore concerning the acquisition and relocation obligations of the Parties in connection with the Project, including, but not limited to, the additional property needed for the parking. B. Except for any willful misrepresentation or any willful or wanton misconduct of the indemnified parties, the Grantee agrees to protect and defend the indemnified parties now and forever and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising from the Grantee’s construction, installation, ownership, and operation of the Facilities and/or the Improvements. C. The indemnified parties shall not be liable for any damage or injury to the persons or property of the Grantee or its officers, agents, servants, or employees or any other person who may be about the Property or the Improvements due to any act of negligence of any person; provided, that nothing contained herein shall be interpreted to alter the liability of the indemnified parties for any damage or injury to the persons or property of the Grantee or its officers, agents, servants, or employees or any other person who may be about the Property or the Improvements caused by any willful act of the indemnified parties. D. This Section shall survive the termination of this Agreement. Section 5. Events of Default. 5.01 Events of Default Defined. The following shall be “Events of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Failure by the Grantee to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by the Grantee to timely pay the real estate taxes on the Facilities. 5.02 Remedies on Default. Whenever any Event of Default referred to in Section 5.01 of this Agreement occurs, the City , as specified below, may take any one or more of the following actions after provision of thirty (30) days’ written notice by the City to the Grantee of the Event of Default , but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot be cured within thirty (30) days, the Grantee does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: [20260721R 129] 7 A. The City may suspend its performance under the Agreement until it receives assurances from the Grantee, deemed reasonably adequate by the City, that the Grantee will cure its default and continue its performance under the Agreement. B. The City may withhold the Certificate of Completion but only so long as an Event of Default has not been cured. C. The City may take whatever action, including legal or administrative action, which may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observance of any obligations agreement, or covenant of the Grantee under this Agreement. 5.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 5.04 No Additional Waiver Implied by One Waiver . In the event any agreement contained in this Agreement is breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 5.05 Agreement to Pay Attorneys’ Fees and Expenses . Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Grantee herein contained, the Grantee agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City; provided that if a claim including, without limitation, a lawsuit or other civil action, is instituted between the parties, the party which does not prevail in such claim shall pay to the prevailing party the reasonable fees of attorneys and other expenses so incurred by the prevailing party, and if the City is not the prevailing party in such a claim, the City shall have no rights under this Section. Section 6. Additional Provisions. 6.01 Notices and Demands . Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to the others shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. In the case of the Grantee, is addressed or delivered personally to: [20260721R 130] 8 La Peinado Lisa Russ 2802 Tower Avenue Superior, WI 54880 B. In the case of the City, is addressed to or delivered personally to the: City of Superior Attention: Planning, Economic Development & Port Director 1316 North 14th Street Superior, WI 54880 or at such other addresses as either party may, from time to time, designate in writing and forward to the other as provided in this Section. 6.02 Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. 6.03 Amendments. Neither this Agreement, nor any other document to which the Grantee and the City are a party, relating to the development contemplated by this Agreement, may be effectively amended, changed, modified, altered or terminated, except upon the written agreement of the City and the Grantee. 6.04 Exhibits. Any exhibit delivered pursuant to the terms of this Agreement shall be in writing and shall constitute a part of this Agreement. 6.05 Entire Agreement . This Agreement, together with any Exhibits and the related written agreements specifically referred to herein, represents the only agreement among the parties concerning the subject matter hereof and supersedes all prior agreements whether written or oral, relating thereto. 6.06 Governing Law and Venue . This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of Wisconsin and any dispute in connection with this Agreement shall be venued in the City of Superior, Douglas County, Wisconsin. 6.07 Benefit. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties to this Agreement or their permitted successors or assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 6.08 Singular/Plural. Any words or terms used herein in the singular shall be deemed to include the plural when applicable and vice versa. 6.09 Survival. Unless otherwise specifically provided or limited herein, all representations, warranties and covenants in this Agreement, or in any certificate or other writing delivered pursuant hereto, shall survive the execution of this Agreement. [20260721R 131] 9 6.10 Legal Counsel. Each party hereby acknowledges that each is represented by legal counsel in connection with the Agreement, or each has knowingly waived their right to do so. 6.11 Termination of Agreement . This Agreement shall terminate on the date of the issuance of the Certificate of Completion. [20260721R 132] 10 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Grantee has caused this Agreement to be executed in its names and behalf, on or as of the date first above written. THE CITY OF SUPERIOR, WISCONSIN By Its Mayor By Its City Clerk [20260721R 133] 11 __________________________ La Peinado Salon & Spa LLC By Its [20260721R 134] EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY FLEMING PARK ADD TO SUPERIOR LOTS 1, 2, 3, 4 & FR LOT 5, BL 4, EXC THAT PT CONV TO [20260721R 135] EXHIBIT B CERTIFICATE OF COMPLETION OF CONSTRUCTION WHEREAS, by a Development Agreement (the “Agreement”) dated ______________, 20_____, entered into by and among the City of Superior, Wisconsin (the “ City”) and ______________________, a ________________ (the “ Grantee”), the Grantee has developed the real property (the “Site”) described on the attached Exhibit A, by construction, or by causing to be constructed, the improvements thereon according to the terms and conditions of the Agreement; WHEREAS, pursuant to the Agreement, promptly after completion of all work of construction to be completed by the Grantee upon the Site, the City is required to furnish the Grantee with a Certificate of Completion upon written request therefor by the Grantee; WHEREAS, the issuance by the City of the Certificate of Completion shall be conclusive evidence that the Grantee has complied with the terms of the Agreement pertaining to construction of the Improvements on the Site; WHEREAS, the Grantee has requested that the City furnish the Grantee with the Certificate of Completion; and WHEREAS, the City has conclusively determined that the work of construction of the Improvements on the Site as required by the Agreement has been satisfactorily completed. NOW, THEREFORE, be it resolved: 1. As provided in the Agreement, the City does hereby certify that construction of the Improvements on the Site has been fully and satisfactorily performed and completed, and that such construction work is in full compliance with the terms, provisions and conditions established in the Agreement. 2. The Agreement is therefore of no further force and effect, and all rights duties, obligations, and liabilities of the City and the Grantee thereunder regarding initial construction of the Improvements on the Site, and the obligations relating to reconstruction as described in Section 4.02 of the Agreement, shall cease to exist. All continuing and existing rights, duties, obligations and liabilities provided in the Agreement shall continue to remain in force and effect. 3. This Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the work of construction and development of the improvements on the Site, or any part thereof. This Certificate of Completion is not a notice of completion as referenced in Wisconsin Statutes. [20260721R 136] 2 IN WITNESS WHEREOF, the City has executed this Certificate of Completion as of this ______ day of ______________, 20____. CITY OF SUPERIOR, WISCONSIN By ____________________________________ Its Mayor By _____________________________________ Its City Clerk ACCEPTED BY: ________________________________ La Peinado Salon & Spa LLC By Its [20260721R 137] EXHIBIT A TO CERTIFICATE OF COMPLETION LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY FLEMING PARK ADD TO SUPERIOR LOTS 1, 2, 3, 4 & FR LOT 5, BL 4, EXC THAT PT CONV TO [20260721R 138] 2 EXHIBIT C SCHEDULE Agreement Reference Activity Required Date Section 3.01 Construction Plans Approved July 31, 2026 Section 3.02 Grantee commences construction of Improvements July 31, 2026 Section 3.02 Completion of Improvements July 31, 2027 [20260721R 139] EXHIBIT D SOURCES AND USES OF FUNDS FOR PROJECT SOURCES Owner Equity (min. 10%) $88,315.48 City Grant (50%) Loan/Other Funds $20,000.00 Total $88,315.48 USES Estimated cost of acquisition and construction/renovations of the Development Property $20,000.00 Eligible Uses for the Grant: Spa upgrades $20,000.00 Total $88,315.48 [20260721R 140] [20260721R 141] R26-13883 Authority to Purchase 1903 Banks Ave 1 Alderperson ____________________ introduced the following resolution and moved its adoption: RESOLUTION NO. R26-13883 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SUPERIOR, WISCONSIN, AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 1903 BANKS AVENUE FOR $240,000 WITH FUNDING TO COME FROM THE AFFORDABLE HOUSING FUND WHEREAS, the Common Council of the City of Superior, Wisconsin (the “City”) have for many years encouraged the development of affordable housing within the City; and WHEREAS, the City has established the Affordable Housing Fund to further its goal of providing more affordable housing options within the community; and WHEREAS, the City, through the work of the Plan Commission, is establishing a policy to develop a Community Land Trust model in partnership with Northwest Community Services Agency to provide an affordable housing option for the City of Superior; and WHEREAS, 1903 Banks Avenue, depicted in Exhibit A, will be the first property placed in the City’s Community Land Trust program, which is currently under development. NOW, THEREFORE, BE IT RESOLVED, it is hereby found and determined and is hereby declared: 1. The Mayor and the City Clerk are hereby authorized and directed in the name and on behalf of the City to execute a deed for the purchase of property located at 1903 Banks Avenue; and 2. The City Plan Commission and Common Council will establish a Community Land Trust program to provide an option for affordable housing in the City of Superior. Passed and adopted this 21st day of July, 2026. Approved this 21st day of July, 2026. Mayor Attest: City Clerk [20260721R 142] R26-13883 Authority to Purchase 1903 Banks Ave 2 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. [20260721R 143] R26-13883 Authority to Purchase 1903 Banks Ave 3 EXHIBIT A LEGAL DESCRIPTION Lots 1 and 2, Block 195, WEST SUPERIOR 7TH DIVISION, located in City of Superior, Douglas County, Wisconsin. [20260721R 144] Budget Motel 104 E 5th Street Pending BI approval Dwarf King 2120 London Road, Apt 151, Duluth, MN 55812 Pending PD approval Black Tie Affair 2602 Elmira Avenue Pending PD approval Bryce Kassing-Scheer 2120 London Road, Apt 151, Duluth, MN 55812 Pending PD approval 2026-2027 Vehicle For Hire 10.1 City Clerk's Office - Miscellaneous License Applications 07/21/2026 2026-2027 Hotel/Motel/Rooming House 2026-2027 Taxicab Operator License [20260721R 145] Alcohol Beverage License Application AB-200 (R. 2-26) Wisconsin Department of Revenue Form AB-200 License(s) Requested: (up to two boxes may be checked) “Class A” Liquor (cider only) $ Reserve “Class B” Liquor $ “Class A” Liquor ......... $ Regular “Class B” Liquor $ Class “A” Beer .......... $ Class “B” Beer ........ $ - 1 - Penalty Imposed Law/Ordinance Violated Penalty Imposed Was sentence completed? ......... Yes No Was sentence completed? ......... Yes No Trial DateLocation Part B: Questions 1. Has the business (sole proprietorship, partnership, limited liability company, or corporation) been convicted of violating federal or state laws or local ordinances? Exclude traffic offenses unless related to alcohol beverages. Yes No If yes, list the details of violation below. Attach additional sheets if necessary. Law/Ordinance Violated Trial DateLocation 22. City 23. State 24. Zip Code 21. Mailing Address (if different from premises address) Municipality License Period For Municipal Use Only Fees License Fee(s) $ Publication Fee $ Background Check Fee $ Total Fees $ “Class C” Liquor (wine only) $ Above-Quota “Class B” Liquor .............. $ Application Type (check one) Initial (New) Renewal 10. Premises Address 11. City 13. Zip Code of: 17. Premises Phone 18. Premises Email 19. Website 20. Premises Description Initial (New Applicants Only): Describe the building or buildings where alcohol beverages are produced, sold, stored, or consumed, and related records are kept. Describe all rooms within the building, including living quarters. Authorized alcohol beverage activities and storage of records may occur only on the premises described in this application. Attach a map or diagram and additional sheets if necessary. Renewal Applicants Only: I am renewing a license and by checking the box following this statement, I affirm that I have reviewed the last issued license certificate and the premises description remains the same. 12. State 14. County 16. Aldermanic District15. Governing Municipality: City Town Village Part A: Premises/Business Information 1. Legal Business Name (individual name if sole proprietorship) 2. Business Trade Name or DBA 3. FEIN 4. Wisconsin Seller’s Permit Number 5. Entity Type (check one) Sole Proprietor Partnership Limited Liability Company Corporation Nonprofit Organization 8. Date of Organization7. State of Organization 9. Wisconsin DFI Registration Number 6. If the applicant business is an LLC, are the controlling members other LLCs or corporations? ....................... Yes No If yes, the members, managers, officers and directors of those business entities must be listed in Part C and provide a Form AB-100. [20260721R 146] 4. Have the partners, agent, or sole proprietor satisfied the responsible beverage server training requirement for this license period? Submit proof of completion. ................................................... Yes No 5. Is the applicant business indebted to any wholesaler beyond 15 days for beer or 30 days for liquor/wine?...... Yes No 6. Does the applicant business owe past due municipal property taxes, assessments, or other fees? ........... Yes No Part C: Individual Information Part D: Attestation - 2 -AB-200 (R. 2-26) 2. Are charges for any offenses pending against the business? Exclude traffic offenses unless related to alcohol Yes No beverages. If yes, describe the nature and status of pending charges using the space below. Attach additional sheets as needed. 3. Is the applicant business or any of its officers, directors, members, agent, employees, owners, or other related individuals or entities a restricted investor with any interest in an alcohol beverage producer or wholesaler? .. Yes No If yes, provide the name of the restricted investor and describe the nature of the interest. READ CAREFULLY BEFORE SIGNING: Under penalty of law, I have answered each of the above questions completely and truthfully. I agree that I am acting solely on behalf of the applicant business and not on behalf of any other individual or entity seeking the license. Further, I agree that the rights and responsibilities conferred by the license(s), if granted, will not be assigned to another individual or entity. I agree to operate this business according to the law, including but not limited to, purchasing alcohol beverages from state authorized wholesalers. I understand that lack of access to any portion of a licensed premises during inspection will be deemed a refusal to allow inspection. Such refusal is a misdemeanor and grounds for revocation of this license. I understand that any license issued contrary to Wis. Stat. Chapter 125 shall be void under penalty of state law. I further understand that I may be prosecuted for submitting false statements and affidavits in connection with this application, and that any person who knowingly provides materially false information on this application may be required to forfeit not more than $1,000 if convicted. One of the following must sign and attest to this application: • sole proprietor • one general partner of a partnership • one corporate officer • one member of an LLC Signature Date Title Email Phone Last Name First Name M.I. Part E: For Clerk Use Only Date Application Was Filed With Clerk Date Provisional License Issued (if applicable)Signature of Clerk/Deputy Clerk License Number Date License Granted Date License Issued Check each box to attest that you have provided the appropriate supplementary information to complete your application. See the instructions for Part C of this application, beginning on page 2, to complete this section. I have accurately listed and provided contact and personal information for all required persons involved in the applicant business and any business identified in Part A, Question 6 using Form AB-200AA. I have provided an accurate Form AB-100 for each person listed in Form AB-200AA. (For corporations, limited liability companies, and nonprofit organizations only) I have provided an accurate Form AB-101 to appoint an agent on behalf of my business. I understand that my application is not complete until this supplementary paperwork is received by the municipal clerk where I am applying for an alcohol beverage license. [20260721R 147] Alcohol Beverage License Application Appendix A - List of Persons Involved in the Applicant Business AB-200AA (N. 2-26) Wisconsin Department of Revenue Form AB-200AA License Period Application Type (check one) Initial (New) Renewal Instructions *Status Definitions Listing of Persons Involved in Applicant Business This form is required supplemental material to Form AB-200, Alcohol Beverage License Application, for new and renewal applications. The persons holding the following titles in the applicant business and any businesses referenced in Part A, Question 6, must provide contact and personal information to determine fitness to hold an alcohol beverage license under state law: • Sole proprietor • All partners of a partnership • All officers, directors, and agent of a corporation or nonprofit organization • All members or managers, and agent of a limited liability company Contact and personal information for persons named above must be listed in the table below and submitted with this application. Attach additional sheets if necessary. Each person holding a title named above must submit the most accurate Form AB-100 with this application. Corporations, nonprofit organizations, and limited liability companies must submit the most accurate Form AB-101 with this application. New: All entries on a new application or any person added to a renewal application for the first time. Remove: This person no longer has a relationship to the applicant business. Update: There are changes to this person’s personal or contact information, or their relationship to the applicant business. No Change: There are no changes to this person’s personal or contact information, or their relationship to the applicant business. 1. Legal Business Name (individual name if sole proprietorship) 2. Business Trade Name or DBA First Name and Middle Initial Last Name Title/Relationship to Applicant Business Phone Number Email Status* 3. FEIN [20260721R 148] R26-13881 Assignment of Leases CHS Inc Projects 1 Alderperson ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. R26-13881 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SUPERIOR, WISCONSIN APPROVING THE FORM OF NOTICE OF ASSIGNMENT OF LEASES (CHS INC. PROJECTS) WHEREAS, the City of Superior, Wisconsin (the “City”) has entered into two lease agreements with CHS Inc. (“CHS”) in connection with Harbor Assistance Program Grants; such lease agreements are as follows: (i) Lease Agreement dated May 8, 200 8 between the City and CHS (the “200 8 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 [20260721R 149] R26-13881 Assignment of Leases CHS Inc Projects 2 (ii) Lease Agreement dated April 5, 201 8 between the City and CHS (the “201 8 Lease”) 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 WHEREAS, both the 200 8 Leased Property and the 201 8 Leased Property (collectively, the “Leased Properties”) are located at or around 41 Dock Street in the City; and WHEREAS, CHS proposes to sell its interest in the Leased Propert ies and assign its interest in the 2008 Lease and the 201 8 Lease 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, pursuant to Sec. 2 -419 of the City Code, the City cannot lease City -owned property without the publication of a Class 1 Notice, as defined by Wisconsin Statutes, Section 985.07 (the “Act”). NOW, THEREFORE, BE IT RESOLVED by the Common Council: 1. That the Notice of Assignment of Leases (the “Notice”), in substantially the form attached hereto as Exhibit A, is hereby approved. 2. That the City Clerk is authorized and directed to cause the Notice to be published in The Superior Telegram in accordance with the Act. [20260721R 150] R26-13881 Assignment of Leases CHS Inc Projects 3 Adopted: July 21, 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\1EX0166.DOC [20260721R 151] EXHIBIT A NOTICE OF ASSIGNMENT OF LEASES (CHS INC. DOCK PROJECT) Notice is hereby given that the City of Superior, Wisconsin (the “City”), is considering consents to the assignment by CHS Inc. (“CHS”) and the assumption of obligations by Pelagic Unlimited LLC (the “LLC”) of a Lease Agreement dated May 8, 2008 and a Lease Agreement dated April 5, 2018 each entered into by the City, as lessor and CHS, as lessee (the “Leases”). The leased property pursuant to the Leases is located in the City of Superior, Douglas County, Wisconsin, and consists of the following described property: Parcel 1: 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. Parcel 2: 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. [20260721R 152] The Common Council will consider consenting to the assignment and assumption of the Leases by CHS to the LLC in connection with maintaining and increasing the transportation efficiency of the Port of Superior. Draft copies of the proposed Lease Assignment and Assumption Agreements and the City’s form of Consent and Approval are available for public inspection and will be provided upon request at the office of the City Clerk, 1316 North 14th Street, Superior, Wisconsin, between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. All interested persons may express their views respecting the City’s proposed determination. CITY OF SUPERIOR By /s/ Heidi Blunt City Clerk [20260721R 153] 1 Alderperson ____________________ introduced the following resolution and moved its adoption: RESOLUTION NO. R26-13882 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 WHEREAS, the Common Council of the City of Superior, Wisconsin (the “City”) and the Redevelopment Authority of the City of Superior, Wisconsin (the “Authority”), have for many years encouraged redevelopment within the City; and WHEREAS, the City has designated the Authority as the agency to carry out business development within the City; and WHEREAS, the Authority desires that the City transfer the fee interest of parcels of real property located in the north Tower Avenue area and legally described and diagramed on Exhibit A attached hereto (the “Property”). The Authority is working with Twin Ports Development Corporation (the “Company”) for the development and construction of a proposed extended-stay workforce hotel and related parking on Tower Avenue and N. 4th Street. NOW, THEREFORE, BE IT RESOLVED, it is hereby found and determined and is hereby declared: 1. The City shall transfer the Property to the Authority, as legally described on Exhibit A attached hereto. 2. The Mayor and the City Clerk are hereby authorized and directed in the name and on behalf of the City to execute a deed for the transfer of the Property to the Authority. Adopted: July 21, 2026. Mayor Attest: City Clerk [20260721R 154] 2 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\000373\1EY0063.DOC [20260721R 155] R26-13882 Transfer of Property to RACS 3 EXHIBIT A LEGAL DESCRIPTION Lots 23 through 29, Block 11, WEST SUPERIOR FIRST DIVISION, located in part of the Northwest Quarter of the Northeast Quarter, Section 15, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin. [20260721R 156] TO: Heidi Blunt, Acting City Clerk FROM: Kara Czapinski, Administrative Assistant DATE: July 16, 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 Kathleen Franklin for installation of accessible signage at the following location: Accessible Parking: 1311 Birch Avenue (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. July 21, 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 [20260721R 157] TO: Heidi Blunt, City Clerk FROM: Kara Czapinski, Administrative Assistant DATE: July 16, 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 Kathleen Franklin for installation of accessible signage at the following location: Accessible Parking at: 1311 Birch Avenue (do not block sidewalk) 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. July 21, 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 [20260721R 158] O26-4432 Accessbile and Do Not Block 1311 Birch Avenue 1 ORDINANCE #O26-4432 AN ORDINANCE INTRODUCED BY THE COMMON COUNCIL OF THE CITY OF SUPERIOR AMENDING CITY CODE CHAPTER 112 - TRAFFIC CODE, TO ADD ACCESSIBLE PARKING AND DO NOT BLOCK SIDEWALK ZONE SIGNAGE AT 1311 BIRCH AVENUE 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: 1311 Birch Avenue (one side) SECTION 2. City Code Chapter 112, Traffic Code, Article III Parking; Schedule K, Accessible – Do Not Block Sidewalk Zone, is hereby amended by adding the following: 1311 Birch Avenue (do not block sidewalk) SECTION 3. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs, including one accessible parking sign and one do not block sidewalk zone sign on 1311 Birch Avenue on one side. SECTION 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 5. 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 6. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 21st day of July 2026. Approved this 21st day of July 2026. ________________________________________ Mayor Attest: ____________________________________ City Clerk [20260721R 159]