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OFFICIAL NOTICE AND AGENDA Notice is hereby given that the Common Council of the City of Stoughton, Wisconsin, will hold a regular or special meeting as indicated on the date and at the time and location given below. COMMON COUNCIL OF THE CITY OF STOUGHTON Tuesday, September 22, 2026, at 7:00 p.m. The meeting of the Common Council will be held as a hybrid meeting. Microsoft Teams meeting Join: https://teams.microsoft.com/meet/297762601088525? p=M3bU8VuA1ZQTnF45do Meeting ID: 297 762 601 088 525 Passcode: UW3jH7FL Dial in by phone: +1 92-9352-2678,,293891113# United States, New York City Phone conference ID: 293 891 113# In-person: Council Chambers, (2nd Floor of Public Safety Building) 321 South Fourth Street, Stoughton, Wisconsin Live streamed: The meeting can also be live streamed on the City of Stoughton Government Channel at https://www.cityofstoughton.com/336/GOV -TV-Livestream and on Spectrum or TDS Channel 980. The WSTO-TV app is also available on Roku TV, Apple TV and Fire TV as well as on Android and iOS devices. Members: Mayor Tim Swadley, Patrick Butler, Phil Caravello, Regina Hirsch, Greg Jenson, Adrienne Nienow, Lisa Reeves, Jonathan Schroerlucke, Brett Schumacher, Jordan Tilleson, Mike Vienneau, and Christina Wozniak Scanlon ATTENTION COUNCIL MEMBERS: TWO-THIRDS OF THE MEMBERS NEEDED FOR A QUORUM (EIGHT). The Council may only conduct business when a quorum is present. If you are unable to attend the meeting, please notify the City Clerk ’s office via telephone (608)873-6677 or via email at cchristen@cityofstoughton.com Call To Order Roll Call Certification Of Compliance With Open Meetings Law Public Comment Period If you would like to speak during the public comment period, please fill out the form and submit it by 5:45 p.m. on day of meeting, HTTP://SPEAK.CITYOFSTOUGHTON.COM. Communications And Presentations Stoughton Opera House Udpate - Christina Dollhausen SOH LOCAL ECONOMIC IMPACT UPDATE 2026.PDF Interview And Appointment Of Qualified Candidate(S) To Aldermanic District #4 With A Term Ending April 13, 2027. ALDER D4 APPLICATION - B. CARUS_REDACTED.PDF Consent Agenda Old Business New Business R-127-2026 Resolution Senior Center Director Laura M Trotter (Interview Panel recommends approval 4-0; Personnel Committee recommends approval and to Council for confirmation 4-0) R-127-2026 RESOLUTION SENIOR CENTER DIRECTOR LAURA M TROTTER.PDF R-128-2026 Approve Farm Lease With Nathan Moe Enterprises, LLC (Finance Committee recommended approval ___ on 09/22/2026) TIME SENSITIVE R-128-2026 APPROVE FARM LEASE WITH NATHAN MOE ENTERPRISES, LLC.PDF R-129-2026 Approving An Amended Development Agreement With Alexander Co. (RDA recommends to Council approval 7 - 0 on September 9, 2026) R-129-2026 APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH ALEXANDER CO..PDF O-16-2026 Amend Ordinance Chapter 62, Article II. Recycling - To Be Compliant With Recycling Requirements Under Ch. NR 544, Of The Wis. Adm. Code, To Have An Effective Recycling Program As Required By State Statute S. 287.11. (Public Works Committee recommends approval vote 4 - 0 on September 17, 2026) FIRST READING O-16-2026 AMENDMENT ORD CHAPTER 62 ARTICLE II.PDF *** Potential Purchase Of Property On 207 South Page Street Within The City Of Stoughton *** The Council may meet in closed session per State Statute 19.85 (1)(e). Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. The Common Council may reconvene in an open session to discuss and take action on the subject matter discussed in the closed session. Adjournment ADJOURNMENT Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For information or to request such assistance, please call the City Hall at (608) 873-6677. By: Mayor Tim Swadley and Council President Brett Schumacher Microsoft Teams meeting Join: https://teams.microsoft.com/meet/297762601088525? p=M3bU8VuA1ZQTnF45do Meeting ID: 297 762 601 088 525 Passcode: UW3jH7FL Dial in by phone: +1 92-9352-2678,,293891113# United States, New York City Phone conference ID: 293 891 113# 1. 1.I. 2. 3. 4. 4.I. Documents: 5. Documents: 6. 7. 8. 9. Documents: 10. Documents: 11. Documents: 12. Documents: 13. 14. OFFICIAL NOTICE AND AGENDA Notice is hereby given that the Common Council of the City of Stoughton, Wisconsin, will hold a regular or special meeting as indicated on the date and at the time and location given below. COMMON COUNCIL OF THE CITY OF STOUGHTON Tuesday, September 22, 2026, at 7:00 p.m. The meeting of the Common Council will be held as a hybrid meeting. Microsoft Teams meeting Join: https://teams.microsoft.com/meet/297762601088525? p=M3bU8VuA1ZQTnF45do Meeting ID: 297 762 601 088 525 Passcode: UW3jH7FL Dial in by phone: +1 92-9352-2678,,293891113# United States, New York City Phone conference ID: 293 891 113# In-person: Council Chambers, (2nd Floor of Public Safety Building) 321 South Fourth Street, Stoughton, Wisconsin Live streamed: The meeting can also be live streamed on the City of Stoughton Government Channel at https://www.cityofstoughton.com/336/GOV -TV-Livestream and on Spectrum or TDS Channel 980. The WSTO-TV app is also available on Roku TV, Apple TV and Fire TV as well as on Android and iOS devices. Members: Mayor Tim Swadley, Patrick Butler, Phil Caravello, Regina Hirsch, Greg Jenson, Adrienne Nienow, Lisa Reeves, Jonathan Schroerlucke, Brett Schumacher, Jordan Tilleson, Mike Vienneau, and Christina Wozniak Scanlon ATTENTION COUNCIL MEMBERS: TWO-THIRDS OF THE MEMBERS NEEDED FOR A QUORUM (EIGHT). The Council may only conduct business when a quorum is present. If you are unable to attend the meeting, please notify the City Clerk ’s office via telephone (608)873-6677 or via email at cchristen@cityofstoughton.com Call To Order Roll Call Certification Of Compliance With Open Meetings Law Public Comment Period If you would like to speak during the public comment period, please fill out the form and submit it by 5:45 p.m. on day of meeting, HTTP://SPEAK.CITYOFSTOUGHTON.COM. Communications And Presentations Stoughton Opera House Udpate - Christina Dollhausen SOH LOCAL ECONOMIC IMPACT UPDATE 2026.PDF Interview And Appointment Of Qualified Candidate(S) To Aldermanic District #4 With A Term Ending April 13, 2027. ALDER D4 APPLICATION - B. CARUS_REDACTED.PDF Consent Agenda Old Business New Business R-127-2026 Resolution Senior Center Director Laura M Trotter (Interview Panel recommends approval 4-0; Personnel Committee recommends approval and to Council for confirmation 4-0) R-127-2026 RESOLUTION SENIOR CENTER DIRECTOR LAURA M TROTTER.PDF R-128-2026 Approve Farm Lease With Nathan Moe Enterprises, LLC (Finance Committee recommended approval ___ on 09/22/2026) TIME SENSITIVE R-128-2026 APPROVE FARM LEASE WITH NATHAN MOE ENTERPRISES, LLC.PDF R-129-2026 Approving An Amended Development Agreement With Alexander Co. (RDA recommends to Council approval 7 - 0 on September 9, 2026) R-129-2026 APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH ALEXANDER CO..PDF O-16-2026 Amend Ordinance Chapter 62, Article II. Recycling - To Be Compliant With Recycling Requirements Under Ch. NR 544, Of The Wis. Adm. Code, To Have An Effective Recycling Program As Required By State Statute S. 287.11. (Public Works Committee recommends approval vote 4 - 0 on September 17, 2026) FIRST READING O-16-2026 AMENDMENT ORD CHAPTER 62 ARTICLE II.PDF *** Potential Purchase Of Property On 207 South Page Street Within The City Of Stoughton *** The Council may meet in closed session per State Statute 19.85 (1)(e). Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. The Common Council may reconvene in an open session to discuss and take action on the subject matter discussed in the closed session. Adjournment ADJOURNMENT Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For information or to request such assistance, please call the City Hall at (608) 873-6677. By: Mayor Tim Swadley and Council President Brett Schumacher Microsoft Teams meeting Join: https://teams.microsoft.com/meet/297762601088525? p=M3bU8VuA1ZQTnF45do Meeting ID: 297 762 601 088 525 Passcode: UW3jH7FL Dial in by phone: +1 92-9352-2678,,293891113# United States, New York City Phone conference ID: 293 891 113# 1. 1.I. 2. 3. 4. 4.I. Documents: 5. Documents: 6. 7. 8. 9. Documents: 10. Documents: 11. Documents: 12. Documents: 13. 14. OFFICIAL NOTICE AND AGENDA Notice is hereby given that the Common Council of the City of Stoughton, Wisconsin, will hold a regular or special meeting as indicated on the date and at the time and location given below. COMMON COUNCIL OF THE CITY OF STOUGHTON Tuesday, September 22, 2026, at 7:00 p.m. The meeting of the Common Council will be held as a hybrid meeting. Microsoft Teams meeting Join: https://teams.microsoft.com/meet/297762601088525? p=M3bU8VuA1ZQTnF45do Meeting ID: 297 762 601 088 525 Passcode: UW3jH7FL Dial in by phone: +1 92-9352-2678,,293891113# United States, New York City Phone conference ID: 293 891 113# In-person: Council Chambers, (2nd Floor of Public Safety Building) 321 South Fourth Street, Stoughton, Wisconsin Live streamed: The meeting can also be live streamed on the City of Stoughton Government Channel at https://www.cityofstoughton.com/336/GOV -TV-Livestream and on Spectrum or TDS Channel 980. The WSTO-TV app is also available on Roku TV, Apple TV and Fire TV as well as on Android and iOS devices. Members: Mayor Tim Swadley, Patrick Butler, Phil Caravello, Regina Hirsch, Greg Jenson, Adrienne Nienow, Lisa Reeves, Jonathan Schroerlucke, Brett Schumacher, Jordan Tilleson, Mike Vienneau, and Christina Wozniak Scanlon ATTENTION COUNCIL MEMBERS: TWO-THIRDS OF THE MEMBERS NEEDED FOR A QUORUM (EIGHT). The Council may only conduct business when a quorum is present. If you are unable to attend the meeting, please notify the City Clerk ’s office via telephone (608)873-6677 or via email at cchristen@cityofstoughton.com Call To Order Roll Call Certification Of Compliance With Open Meetings Law Public Comment Period If you would like to speak during the public comment period, please fill out the form and submit it by 5:45 p.m. on day of meeting, HTTP://SPEAK.CITYOFSTOUGHTON.COM. Communications And Presentations Stoughton Opera House Udpate - Christina Dollhausen SOH LOCAL ECONOMIC IMPACT UPDATE 2026.PDF Interview And Appointment Of Qualified Candidate(S) To Aldermanic District #4 With A Term Ending April 13, 2027. ALDER D4 APPLICATION - B. CARUS_REDACTED.PDF Consent Agenda Old Business New Business R-127-2026 Resolution Senior Center Director Laura M Trotter (Interview Panel recommends approval 4-0; Personnel Committee recommends approval and to Council for confirmation 4-0) R-127-2026 RESOLUTION SENIOR CENTER DIRECTOR LAURA M TROTTER.PDF R-128-2026 Approve Farm Lease With Nathan Moe Enterprises, LLC (Finance Committee recommended approval ___ on 09/22/2026) TIME SENSITIVE R-128-2026 APPROVE FARM LEASE WITH NATHAN MOE ENTERPRISES, LLC.PDF R-129-2026 Approving An Amended Development Agreement With Alexander Co. (RDA recommends to Council approval 7 - 0 on September 9, 2026) R-129-2026 APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH ALEXANDER CO..PDF O-16-2026 Amend Ordinance Chapter 62, Article II. Recycling - To Be Compliant With Recycling Requirements Under Ch. NR 544, Of The Wis. Adm. Code, To Have An Effective Recycling Program As Required By State Statute S. 287.11. (Public Works Committee recommends approval vote 4 - 0 on September 17, 2026) FIRST READING O-16-2026 AMENDMENT ORD CHAPTER 62 ARTICLE II.PDF *** Potential Purchase Of Property On 207 South Page Street Within The City Of Stoughton *** The Council may meet in closed session per State Statute 19.85 (1)(e). Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. The Common Council may reconvene in an open session to discuss and take action on the subject matter discussed in the closed session. Adjournment ADJOURNMENT Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For information or to request such assistance, please call the City Hall at (608) 873-6677. By: Mayor Tim Swadley and Council President Brett Schumacher Microsoft Teams meeting Join: https://teams.microsoft.com/meet/297762601088525? p=M3bU8VuA1ZQTnF45do Meeting ID: 297 762 601 088 525 Passcode: UW3jH7FL Dial in by phone: +1 92-9352-2678,,293891113# United States, New York City Phone conference ID: 293 891 113# 1. 1.I. 2. 3. 4. 4.I. Documents: 5. Documents: 6. 7. 8. 9. Documents: 10. Documents: 11. Documents: 12. Documents: 13. 14. Presented By : Christina Dollhausen City Council Update September 2026 ECONOMIC IMPACT UPDATE STOUGHTON OPERA HOUSE THANK YOU! T h e C i t y ’ s i n v e s t m e n t r e a c h e s f a r b e y o n d o u r w a l l s A C o m m u n i t y A s s e t A n E c o n o m i c E n g i n e f o r S t o u g h t o n TICKET REVENUES PER SEASON 2021/2022 THROUGH 2026/2027...SO FAR 2 1 / 2 2 2 2 / 2 3 2 3 / 2 4 2 4 / 2 5 2 5 / 2 6 2 5 / 2 7 0 2 0 0 0 0 0 4 0 0 0 0 0 6 0 0 0 0 0 8 0 0 0 0 0 1 0 0 0 0 0 0 2 0 0 8 2 0 1 0 2 0 1 3 2 0 1 9 2 0 2 0 2 0 2 2 2 0 2 3 2 0 2 4 2 0 2 5 2 0 2 6 0 2 0 0 0 0 0 4 0 0 0 0 0 6 0 0 0 0 0 8 0 0 0 0 0 1 0 0 0 0 0 0 TICKET REVENUES CALENDAR YEAR T I C K E T R E V E N U E S $596,712 $598,972 $764,707 $466,000 SO FAR... $676,133 $670,000 SO FAR... $108,496 $632,017 COVID $682,802 $746,001 $830,000 $828,000 M E M B E R S H I P R E V E N U E G R O W T H S e a s o n Dollars 0 8 / 0 9 1 0 / 1 1 1 3 / 1 4 1 8 / 1 9 1 9 / 2 0 2 0 / 2 1 2 1 / 2 2 2 2 / 2 3 2 3 / 2 4 2 4 / 2 5 2 5 / 2 6 2 6 / 2 7 0 5 0 0 0 0 1 0 0 0 0 0 1 5 0 0 0 0 2 0 0 0 0 0 From $12,500 in 08/09 to $186,000 in 26/27...so far Membership Support has grown more than 14x since 2008! 21,000 TICKETS SOLD FOR 25-26 SEASON. Tickets sold for upcoming 26-27 season...so far 11,201 - with more shows going on sales soon. INVESTING IN THE OPERA HOUSE MEANS INVESTINGDIRECTLY IN STOUGHTON’S GROWTH BY THE NUMBERS 31,000+ VISITORS CAME THROUGH THE OPERA HOUSE LAST SEASON Nearly 80 Ticketed events Community Events including Music Appreciation Mondays, Holiday Events, Film Festival, SOHFA’s annual Catfish River Music Festival... Daily Tours (Group tours and Individual) for Visitors GROWTH CONTEXT: 2020 - 13,173 → 2050 -19,500 = +48% projected population growth by 2050 That’s roughly 6,300 additional residents over 30 years. STATEWIDE TREND: REC & ENTERTAINMENT UP 4.8% YEAR OVER YEAR Source: Wisconsin Department of Tourism (Tourism Economics, Arrivalist, Longwoods International) THE OPPORTUNITY Connect these investments into a stronger downtown ecosystem — with the Stoughton Opera House as a central City asset connecting arts, business, visitors and community life. Source: Plan Stoughton / City of Stoughton planning materials, Becker Professional Services STOUGHTON OPERA HOUSE *Central City Asset* EventsVisitorsDowntown Spending WEST END MAIN STREET Business Walkability Historic Character INVESTING IN THE OPERA HOUSE MEANS INVESTING DIRECTLY IN STOUGHTON’S SMART GROWTH SMART, BALANCED GROWTH RIVERFRONT Recreation Public Space Redevelopment DEPOT HILL Preservation Redevelopment Mixed Use Creative Activity GROWTH + CONNECTIONS Transportation New Development Neighborhoods Stoughton is planning for Connections, Not just individual projects. 31,250 Total Opera House specific Attendees in 25-26 Season EVENT RELATED SPENDING AVERAGE DOLLARS SPENT IN STOUGHTON (PER SOH ATTENDEE) Resident: $37 Day-Tripper: $81 Overnight: $256 Sources: National Independent Venue Association NIVA (2025), Longwoods International - Travel Wisconsin (2024),American for the Arts (2021) Stoughton Opera House (2023-2025) 20 23 /20 2 4 Season 20 2 4 /20 25 Season 20 25/20 26 Season R esiden t Da y tripper Ov ernigh t 0 500 , 000 1 , 000 , 000 1 ,500 , 000 2, 000 , 000 Compared to $3,223,118 of direct visitor spending in 2024-2025 Season That’s an 8.65% Increase in Stoughton Opera House Event Related Spending from last season. T O T A L S P E N T I N L O C A L E C O N O M Y I N 2 5 - 2 6 S E A S O N $ 3 , 5 0 1 , 7 7 2$ 3 , 5 0 1 , 7 7 2$ 3 , 5 0 1 , 7 7 2 A C C E S S I B I L I T Y F r e e c o m m u n i t y e v e n t s , m u s i c a p p r e c i a t i o n s e r i e s , c i t y b a n d / c h o i r , d a i l y t o u r s , m e e t i n g s p a c e , h e a r i n g l o o p u p g r a d e t h i s y e a r , l i v e s t r e a m o f c o n c e r t s f o r h o m e b o u n d . P A R T N E R S H I P S G r o w i n g c o l l a b o r a t i o n s a n d s p o n s o r s h i p s w i t h l o c a l b u s i n e s s e s . C O M M U N I T Y I D E N T I T Y D r a w s n e w v i s i t o r s a n d m a r k e t s S t o u g h t o n a s a d e s t i n a t i o n . E C O N O M I C I M P A C T S u p p o r t s j o b s a n d l o c a l b u s i n e s s e s d i r e c t l y a n d i n d i r e c t l y . S T O U G H T O N O P E R A H O U S E F R I E N D S A S S O C I A T I O N S O H F A r a i s e s f r i e n d s a n d f u n d s t o b e n e f i t t h e O p e r a H o u s e f o r c a p i t a l i m p r o v e m e n t s i n c l u d i n g r e n o v a t i o n s a n d r e s t o r a t i o n s t o f a c i l i t i e s , p u r c h a s i n g o f s o u n d a n d t e c h e q u i p m e n t a s w e l l a s p r o v i d i n g g e n e r a l f i n a n c i a l s u p p o r t t o t h e O p e r a H o u s e . COMMUNITY VALUE Hearing aid loop Fire curtain restoration/reinstallation Strengthening/reinstalling the main floor seating Upgrading digital lighting and sound systems Adding handrails Kiosk upgrade Remodeling dressing rooms Rewiring backstage/house electrical systems Replaced Piano Upholstering of theater seating !! Expansion of public restrooms Ghost Light Lounge Lounge Expansion Replacement of aisle runner lights Annual Catfish River Music Festival 2014 - present Video / Livestream project Opera House Merchandise SOHFA sofa reupholstering More important revenue generating projects coming soon! www,stoughtonoperahousefriends.org Founded in 2014, SOHFA has invested over $500,000 so far for projects to sustain and enhance our Opera House. Surviving the Road Construction! 26-27 Season Underway Opera House Staff Restructure / Community Development Upcoming SOHFA projects Video Project / Livestream Opera House branded merchandise Accessibility projects: Hearing Aid Loop and Livestream camera Upgrades SOHFA End of year Friend/Fundraiser Theater ceiling paint restoration/maintenance project L O O K I N G A H E A D STOUGHTON OPERA HOUSE D r a w s 3 1 , 0 0 0 + v i s i t o r s a y e a r w i t h a l o c a l a n n u a l i m p a c t o f $ 3 . 5 m i l l i o n S t r e n g t h e n s l o c a l e c o n o m y + c o m m u n i t y i d e n t i t y T o g e t h e r , w e k e e p S t o u g h t o n m o v i n g f o r w a r d ! T h a n k y o u . RESOLUTION OF THE COMMON COUNCIL Authorizing and directing the proper city official(s) to approve the hiring of Laura M. Trotter as Senior Center Director. The salary is set at $85,280 and this is an exempt position. Provided she meets all expectations set forth, her salary will increase to $91,520 on January 1, 2027. This increase in pay includes the City’s 2027 increase percentage. Committee Action: Interview Panel recommends approval 4-0 Personnel Committee recommends approval and to Council for confirmation 4-0 Panel Members: Director Gillingham, Mayor Swadley, Assistant Director Hollee Camacho, Lou Havlik File Number: R-127-2 026 Date Introduced: 09/22/2026 W hereas the Senior Center Director position was posted, and the candidate pool was narrowed to four candidates. Whereas Ms. Trotter’s work experience made her the top candidate for the position. She has been employed with The City of Stoughton since May of 2023 as the Program and Volunteer Coordinator. It was determined unanimously by the interviewing panel that Ms. Trotter was the right candidate to fill the Senior Center Director’s position. Whereas the Personnel Committee met on Wednesday, September 16, 2026 to review the hiring of Ms. Trotter as the Senior Center Director and, W hereas the Personnel Committee recommends approval unanimously (4-0) to approve the hiring of Ms. Trotter as Senior Center Director, now therefore Therefore, be it resolved by the Common Council of the City of Stoughton that the proper city official(s) be hereby authorized and directed to approve the hiring of Laura M. Trotter as Senior Center Director. Council Action: Adopted Failed Vote Mayoral Action: Accept Veto Tim Swadley, Mayor Date Council Action: Override Vote CITY OF STOUGHTON RESOLUTION OF THE COMMON COUNCIL Approving a Farm Lease with Nathan Moe Enterprises, LLC. Committee Action: Finance Committee recommended approval _____ on 09/22/2026 TIME SENSITIVE Fiscal Impact: $5,000 File Number: R-128-2026 Date Introduced: September 22, 2026 T he City of Stoughton, Wisconsin, Common Council does resolve as follows: RECITALS A. The City of Stoughton acquired approximately 27.8 acres of property located along Williams Drive in the City of Stoughton, parcel numbers 061132395002 and 061132383202 (“Property”). B. The City entered into a lease with Nathan Moe Enterprises, LLC (“Tenant”) to allow the Tenant to farm the Property in 2026. C. The Tenant wishes to continue to farm the Property in 2027, and the City is agreeable to allowing the Tenant to continue farming in 2027. D. The Tenant and City desire to enter into the lease attached and incorporated to this Resolution as Exhibit A (“Lease”). RESOLUTION 1. T he Common Council of the City of Stoughton hereby approves the Lease. 2. T he Common Council authorizes the Mayor and City Clerk to execute the Lease, and authorizes the City’s employees and consultants to take such steps as are needed to fulfill the City’s obligations under the Lease. C ouncil Action: Adopted Failed Vote M ayoral Action: Accept Veto Tim Swadley, Mayor Date C ouncil Action: Override Vote FARM LEASE This farming lease (“Lease”) for the 25 acres of property described in Exhibit A (“Premises”), is made this ____ day of September, 2026, by and between the City of Stoughton, a Wisconsin municipal corporation (“ Lessor”) and Nathan Moe Enterprises, LLC , a Wisconsin limited liability company (“Lessee”). 1. Lease of Premises. Lessor hereby leases to Lessee the Premises described in Exhibit A, but excluding approximately 2 acres of property comprising the tree lines. Exhibit A is hereby incorporated into this Lease by reference. Subject to the terms of this Lease, Lessee shall have the exclusive right to occupy and use the Premises for purposes of growing and harvesting agricultural crops, and for no other use without written permission of the Lessor. Lessee shall not sublease the Premises or any part thereof, nor assign this Lease without the consent of the Lessor, in writing. Less ee shall vacate the Premises , remove all equipment and materials, and deliver the Premises to the Lessor, peaceable and quietly, at end of the term of this Lease. Lessee shall keep the Premises in as good a condition as the same is in at the commencement of the term of this Lease. 2. Rent. Lessee shall pay Lessor a sum equal to $200 per acre leased as rent, for a total sum of $5,000. The entire rent amount shall be due by December 31, 2027. 3. Term. The Lease shall commence on January 1, 2027 and automatically terminate on December 31, 2027. The Lease shall not automatically renew . The Lease will only be extended if in writing between Lessor and Lessee. 4. Insurance. Lessee shall have renter's insurance naming L essor as an additional insured. The amount of insurance shall be in a commercially reasonable amount consistent with City of Stoughton leasing policies, and include standard and customary coverages for farm leases in Dane County. 5. Default. If Lessee is in breach of any of the requirements of this Lease, including failure to cultivate the Premises, assigns the Lease or sublets the Lease without Lessor’s consent, the Lessor may terminate the Lease immediately, and the Lease shall be null and void. In the event of termination, Lessor shall have the right to take possession of the Premises and may recover all damages resulting from Lessee’s failure to perform any of the covenants or requirements of this Lease. Any such damages shall be added to and become part of the rent recoverable by Lessor. 6. 2027 Development. The parties acknowledge that Lessor plans to develop the Premises, beginning in the fall of 2027. In the event Lessor desires to commence development of the Premises, Lessor shall provide Lessee with sixty- days’ written notice of the intent to occupy the portion of the Premises identified in yellow on Exhibit B as “Utility Building Construction Area” (the “Development Area”). In order to facilitate development, Lessee shall harvest all crops in the area depicted in the Development Area as soon as practicable but no later than October 1, 2027. Lessor shall not begin development in the Development Area until October 1, 2027. If Lessor begins development prior to October 1, 2027, and Lessee has not harvested all crops in the Development Area by that date, Lessor shall reimburse Lessee for the costs of unharvested crops in the Development Area. If any crops remain in the Development Area after October 1, 2026, then Lessor may still commence development and Lessee will not be reimbursed for any damage to the crops in the Development Area. If Lessor commences development, beginning October 1, 2027, the Premises will no longer include the Development Area. 7. Miscellaneous Provisions. a. The Lessee covenants to farm said P remises in a reasonable manner. Lessee shall repair any damage to the Premises prior to December 31, 2027. b. The Lessee shall preserve and not remove trees or rocks from the parcel without written permission of L essor. Lessee is permitted to trim trees so Lessee can harvest crops without damage to Lessee’s equipment. Lessor desires to keep the fence lines intact. c. Lessor reserves the privilege of plowing the stubble ground when the L essee may have secured the crop grown thereon; and further, that the L essor, or Lessor’s legal representative, may enter upon said P remises for the purpose s of conducting site analysis for future development or viewing or showing the Premises to prospective purchasers. d. Lessee shall pay all costs and attorney fees and expenses arising from enforcing any of the covenants of this Lease by Lessor. e. In the event all or a portion of the Premises is sold during the term of the Lease, the Lease shall terminate at the end of the farm crop year of the year of the sale. Lessee shall not be reimbursed for any fertilizer, lime, chemicals or agricultural products applied to the land for the following crop season. f. No timber, sand, gravel, or minerals may be removed the Premises without the consent of Lessor. [Signature Page to Follow] CITY OF STOUGHTON By: Tim Swadley, Mayor Attest: Candee Christen, City Clerk NATHAN MOE ENTERPRISES, LLC By: Name: Title: EXHIBIT A Legal Description EXHIBIT B Map of Development Area Pa ge 1 of 1 CITY OF STOUGHTON, 207 S. Forrest Street, Stoughton, WI 53589 RESOLUTION OF THE COMMON COUNCIL Approving an Amended Development Agreement with Alexander Co.. Committee Action: Fiscal Impact: File Number: RDA recommends to Council approval 7 - 0 on September 9, 2026 N/A R-129-2026 Date Introduced to Council: 9/22/2026 T he Common Council of the City of Stoughton proclaims as follows: RE CITALS WHEREAS, the City of Stoughton Redevelopment Authority (RDA) and the City of Stoughton previously entered into a Real Estate Purchase and Sale Agreement and an Agreement to Undertake Development with the Alexander Company, Inc., on September 29, 2025 for redevelopment of the Riverfront Site; and W HEREAS, the RDA, City, and Alexander Co. (“the Parties”) now wish to amend those agreements to further clarify their respective environmental remediation responsibilities and extend the timelines for the sale and development of the Riverfront Site; NOW, THEREFORE BE IT RESOLVED, after due consideration, the City of Stoughton Redevelopment Authority hereby approves the Amended Development Agreement with Alexander Company for development of the Riverfront Site; and BE I T FURTHER RESOLVED that the City of Stoughton Redevelopment Authority hereby submits the Amended Development Agreement to the Stoughton City Council for approval. Council Action: Adopted Failed Vote M ayoral Action: Accept Veto ________ Mayor Tim Swadley Date C ouncil Action: Override Vote MBF\011626\0081\41198283.v12-9/5/25 AMENDED AND RESTATED REAL ESTATE PURCHASE AND SALE AGREEMENT THIS AMENDED AND RESTATED REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into among the Alexander Company, Inc., a Wisconsin corporation (“Buyer”) and the City of Stoughton Redevelopment Authority, a body corporate and politic (the “RDA”), and the City of Stoughton, a Wisconsin municipal corporation (the “City”) (the RDA and the City, collectively, the “Seller”), dated effective as of the date of the last of the parties’ signatures hereto (the “Effective Date”). RECITALS: A. Seller owns fee simple title to an approximately 10.9-acre tract of real estate located in the City of Stoughton, Wisconsin, bounded on the west by Fourth Street, on the east by Seventh Street, on the north by South Street and on the south by the Yahara River, which Seller has marketed for redevelopment (the “Riverfront Site”). B. Buyer desires to purchase an approximately 2.95 acre portion of the Riverfront Site, more particularly described in Exhibit A, from Seller and Seller desires to sell to Buyer such property in accordance with the terms and conditions set forth herein. C. On July 8, 2025, in Ordinance No. 26- 2025, the City approved Planned Development Zoning designation and a General Development Plan (“ GDP”) for the Riverfront Site , allowing for Buyer to proceed with developing Lot 1 of the CSM, generally depicted on the attached Exhibit B (the “Phase 1 Development”). D. The parties previously entered into a Real Estate Purchase and Sale Agreement on September 29, 2025, and an Agreement to Undertake Development on September 29, 2025, governing the sale and development of the Phase 1 Land and the Phase 2 Land, but now wish to amend those agreements to further clarify their respective environmental remediation responsibilities, and extend the timelines for the sale and development of the Phase 1 Land and Phase 2 Land. E. The parties wish to enter into this Agreement to govern the sale and development of the Riverfront Site. AGREEMENT: 1. Definitions. Words that are capitalized but not defined in this Agreement shall have the meanings provided in the draft Development Agreement (“Agreement to Undertake Development”) attached hereto as Exhibit C. 2. Agreement to Purchase. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller th at certain portion of the Riverfront Site , together with all other rights and interests appurtenant thereto, depicted and described as Lot 1 (the “Phase 1 Land”) on the certified survey map attached hereto as Exhibit A (the “CSM”). 3. Purchase Price. The purchase price for the Phase 1 Land shall be one dollar ($1). (the “Phase 1 Purchase Price”) The Phase 1 Purchase Price shall be paid by Buyer on the Closing Date by certified or cashier’s check. 4. Phase 1 Land Contingencies. (a) Each party’s respective obligation to consummate the purchase and sale transaction of the Phase 1 Land is contingent upon satisfaction of all of the following (collectively, the “ Contingencies”) no later than December 1, 2026 (the “ Contingency Deadline”): (i) Approval by the City of Stoughton Common Council and the RDA of a development agreement (the “Agreement to Undertake Development”), in substantially the form of the draft attached as Exhibit C; (ii) Approval by the City of Stoughton Common Council (and the Joint Review Board, where required) of any resolutions, boundary amendments, project plans or other items necessary for the Agreement to Undertake Development to be implemented; and (iii) Buyer has delivered to Seller copies of one or more fully executed contracts between Buyer and Buyer’s contractor or contractors to implement the Remedial Action Plan. (iv) Buyer obtaining approval from the City for a specific implementation plan for the Project. (v) Buyer has delivered to Seller documentation satisfactory to Seller that Buyer has secured sufficient funds , or a combination of funds and financing commitments, to pay for the construction of the Project. (vi) Evidence satisfactory to Buyer regarding completion or sufficient progress regarding construction of any public recreational facilities which might interfere with the Phase 1 Project. (vii) The parties have approved and entered into a Tax Incremental Financing Agreement for development of the Phase 1 Land. (viii) The parties have entered into an agreement, mutually acceptable to the parties, granting the City the option to repurchase the Phase 1 Land in the event the Buyer does not commence construction of the Project by December 31, 2028, or Developer has not completed construction of the Project by December 31, 2029. (b) Council Approval Required. Notwithstanding anything to the contrary set forth herein, the City’s execution of this Agreement shall not be construed as a commitment by the City of Stoughton Common Council to approve the Agreement to Undertake Development. The parties to this Agreement acknowledge that each City a pproval is an independent action that may be taken by the City of Stoughton Common Council , in the proper exercise of its governmental authority, and the City’s entry into this Agreement in no way obligates or commits the City of Stoughton Common Council to grant any other City approval. (c) Extension or Termination. If all the Contingencies are not satisfied by the Contingency Deadline, the Parties may extend the Contingency Deadline by mutual agreement, in writing, specifying a new Contingency Deadline. As Buyer will have incurred substantial costs in preparation for closing, approval of such extension shall not be unreasonably withheld. If no such extension is agreed upon, this Agreement shall terminate and neither party shall have any further obligation hereunder. 5. Title Insurance. W ithin thirty (30) days following the Effective Date of this Agreement, Seller shall deliver to Buyer a commitment (“Commitment”) prepared by the Madison, Wisconsin office of First American Title Insurance Company NCS (the “Title Company”) to issue a standard form ALTA owners’ policy of title insurance, including gap coverage, for the Phase 1 Land in the amount of $200,000 naming Buyer as the proposed insured, showing all liens, encumbrances and other matters of record. The Commitment shall be delivered to Buyer together with legible copies of all documents that appear as exceptions to title. Within thirty (30) days of Buyer’s receipt of the Title Commitment, Buyer shall notify Seller, in writing ( “Buyer’s Title Notice”), of any objections to the Title Commitment. Seller shall use diligent good faith efforts to remove any objections Buyer has with respect to the Title Commitment, particularly any utility or similar easements which would impact the ability to construct the Phase 1 Development . If one or more of such objections cannot be removed, Seller shall notify Buyer in writing ( “Seller’s Notice”), within thirty (30) days after Seller’s receipt of Buyer’s Title Notice, of which objections cannot be removed. Buyer shall elect, in writing within ten (10) days the reafter, either to: (i) terminate and cancel the Agreement, and neither party shall have further obligations hereunder; or (ii) waive the title objections and proceed to Closing. If Seller fails to deliver Seller’s Notice within the 30 day period, Seller shall be deemed to have agreed to cure all of Buyer’s objections. Notwithstanding anything to the contrary contained herein, Seller shall be obligated to remove all monetary encumbrances from title at or before Closing. Exceptions to title approved by Buyer hereunder shall be deemed to be “Permitted Exceptions.” 6. Closing. (a) Closing Date. Following the satisfaction of all Contingencies and any other conditions precedent set forth herein, the “Closing” shall occur at the offices of the Title Company on a date mutually acceptable to the parties no later than April 4, 2027 (such date, the “Closing Date”). (b) Closing Documents. On or prior to the Closing Date, the parties shall execute the following documents: (i) Seller will execute and record the CSM , the cost of which will be credited to Buyer at Closing; (ii) Seller will execute and deliver to Buyer a general warranty deed (the “Deed”) conveying the Phase 1 Land to Buyer subject only to the Permitted Exceptions ; ( iii) Buyer and Seller will complete a Wisconsin Real Estate Transfer Return in the form that is required by state statute in order to record the Deed; (iv) Buyer and Seller will execute and deliver a closing statement setting forth the Purchase Price and any adjustments thereto as provided for in this Agreement; (v) Seller will execute and deliver to Buyer a Non-Foreign Person Affidavit confirming that Seller is not a foreign person subject to certain federal withholding requirements; (vi) the City and the Buyer will execute the Agreement to Undertake Development; (vii) Buyer and Seller will execute and deliver any other documents that are necessary to consummate the transaction contemplated by this Agreement, including such documents as are necessary to cause title to be conveyed to Buyer in the form approved by Buyer pursuant to the terms of this Agreement. (c) Costs and Expenses . Seller shall be responsible for paying the Wisconsin real estate transfer fee, the cost of providing title insurance to Buyer and any recording fees related to satisfying any existing mortgages against the Phase 1 Land. Buyer will pay any recording fees related to recording the Deed and to record any mortgages it grants on the Phase 1 Land. Buyer shall pay any cost of the Title Company to act as the closing agent. Each party will be solely responsible for paying its respective attorney’s fees. (d) Prorations and Adjustments . The following items shall be prorated and adjusted between Buyer and Seller as of 12:01 a.m. on the date of Closing as follows: (i) All utility charges, including, but not limited to, electricity, gas, water, sewer, steam and telephone shall be determined by actual meter readings, if available; otherwise they shall be estimated on the basis of the last billing available from the respec tive utilities. Any utility deposits, standby charges or other prepayments, if assignable, shall be assigned to Buyer, who shall reimburse Seller therefor. (ii) General real estate taxes levied against the Phase 1 Land . The proration shall be based on the net general real estate taxes for the year of Closing, if known, otherwise on the net general real estate taxes for the year prior to Closing. (iii) Assessments, either general or special, for improvements completed prior to Closing, whether matured or unmatured, shall be paid in full by Seller (including all principal and interest). All other assessments shall be paid by Buyer, except that Buyer shall not be assessed for the costs of initial construction of any improvements anticipated within the approved GDP for the Riverfront Site , other than those costs included in this Agreement or otherwise agreed to in writing between the Parties. (iv) As between Seller and Buyer, Seller shall be responsible for all operating expenses for the Phase 1 Land allocable to the period prior to the date of Closing and shall pay all such expenses when due; and Buyer shall be responsible for all operating expenses for the Project allocable to the period on and after the date of Closing. (v) Such other items as are required to be prorated pursuant to the terms hereof, or as are customarily prorated upon the transfer of ownership and possession of commercial rental real estate in Dane County. The parties will make such post-closing adjustments and readjustments as may be required due to errors and omissions in the closing adjustments. If information is not available or if the parties agree that it is impracticable to make a particular adjustment on the date of Closing, that adjustment shall be made as soon as practicable after such information is available. 7. Environmental Remediation. (a) Buyer and Seller acknowledge that, as of the Effective Date of this Agreement, various environmental contaminants exist on the Riverfront Site, known and unknown, including, without limitation, the contaminants described in the open Wisconsin Department of Natural Resources (“DNR ”) files identified as BRRTS number 02- 13- 583169, 02-13-554724, and 02-13-585835; closed DNR files identified as BRRTS number 02-13-579312, 02-13-258425; and general property DNR file identified as BRRTS number 07-13-563581 (the “Existing Contamination”). (b) Promptly following the Effective Date of this Agreement, Buyer shall prepare and submit an application to WEDC’s Brownfields Grant Program seeking a grant (“Brownfield Grant”) payable to Buyer to address some of its costs that will be incurred in mitigating environmental risks to the end-users of the Phase 1 Development including soil capping, vapor mitigation and/or installation of impervious surfaces. Buyer and Seller shall cooperate with one another in pursuing the Brownfield Grant application and in see king out and maximizing any other potential grant opportunities to address the Existing Contamination. (c) If Buyer proceeds with the transaction contemplated by this Agreement, Seller shall be responsible for the remediation of the Existing Contamination on the Phase 1 Land for the areas depicted as C and D in Exhibit D (“Seller Remediation Areas”). Seller shall remediate the Seller Remediation Areas in accordance with requirements of the Wisconsin Department of Natural Resources requirements. This subsection does not prohibit Seller from seeking contribution from third parties. As between Buyer and Seller, Buyer shall be responsible for the remediation or removal of any other Existing Contamination on the Phase 1 Land, including areas A and B depicted on Exhibit D, not caused by Seller . During the remediation process, the Seller’s excavation shall be adequately dewatered to at least 2 ft below the final excavation depth. Prior to backfill placement, the undercut subgrades should be recompacted and suitability evaluated for the support of Buyer’s planned foundations, floor slabs and paved areas by CGC, with the potential for isolated deeper undercuts where very loose or disturbed soils are present, or subgrade stabilization where subgrades are wet. Once firm and stable subgrade conditions have been developed, granular backfill should be placed and compacted to at least 95% modified Proctor to restore proposed footing and pavement subgrades. Alternatively, crushed aggregate such as 3 -in. dense graded base or 1 to 3- in. crushed clear stone (wrapped in fabric) could be used to backfill the excavation to footing grades. 8. Purchase of Phase 2 Land. (a) Within twelve (12) months of Buyer receiving a final occupancy permit for the completed Phase 1 Development (subject to any extension as described in paragraph (d), below), provided that all Phase 2 Land Contingencies (below) have been satisfied, Buyer may buy from Seller, the Phase 2 Land. The Phase 2 Land Purchase Price shall be $1. (b) Phase 2 Land Contingencies. (i) Each party’s respective obligation to consummate the purchase and sale transaction of the Phase 2 Land is contingent upon satisfaction of all of the following (collectively, the “Phase 2 Land Contingencies”) no later than twelve (12) months from the date the final occupancy permit is issued for the Phase 1 Development (the “Phase 2 Land Contingency Deadline”): (1) Buyer obtaining approval of a certified survey map creating the Phase 2 Land lot. (2) Approval by the City of Stoughton Common Council and the RDA of a development agreement, including a tax increment financing agreement (if necessary), for the Phase 2 Land; (3) Buyer has delivered to Seller copies of one or more fully executed contracts between Buyer and Buyer’s contractor or contractors to construct the Phase 2 Project and to implement a Phase 2 environmental remedial action plan to remediate Existing Contamination on the Phase 2 Land. (4) Buyer has delivered to Seller documentation satisfactory to Seller that Buyer has secured sufficient funds, or a combination of funds and financing commitments, to pay for the construction of the Phase 2 Project and the Phase 2 Public Improvements (if any). (5) The parties acknowledge that Buyer will not be able to proceed with developing the Phase 2 Land unless the Phase 1 Development has achieved a certain occupancy rate after construction , which will impact its ability to obtain funding for Phase 2 . Buyer’s obligation to purchase the Phase 2 Land is contingent upon Buyer obtaining debt service coverage ratio for Phase 1 of 1.1, prior to funding the Phase 2 Development . If Buyer has not obtained a sufficient debt service coverage ratio to proceed with the Phase 2 Development , the obligation to convey the Phase 2 Land from the Seller to the Buyer shall be null and void and Buyer shall have no further rights, interests, or obligations in relation to acquiring or developing the Phase 2 Land. (6) Buyer’s obtaining sufficient funding through all available sources to remediate any environmental contamination on the Phase 2 Land. (7) Buyer has obtained all necessary zoning approvals from the City of Stoughton, such as a rezone, or a general development plan and specific implementation plan, to develop the Phase 2 Land. (c) Council Approval Required. Notwithstanding anything to the contrary set forth herein, the City’s execution of this A greement shall not be construed as a commitment by the City of Stoughton Common Council to approve the Phase 2 Land development agreement or any other approvals necessary to develop the Phase 2 Land. The parties to this Agreement acknowledge that each City a pproval is an independent action that may be taken by the City of Stoughton Common Council, in the proper exercise of its governmental authority, and the City’s entry into this Agreement in no way obligates or commits the City of Stoughton Common Council to grant any City approval. (d) Extension or Termination of Phase 2 Land Contingency Deadline. If all the Phase 2 Land Contingencies are not satisfied by the Phase 2 Land Contingency Deadline, the Parties may extend the Phase 2 Land Contingency Deadline by mutual agreement, in writing, specifying a new Contingency Deadline. Approval of such extension shall not be unreasonably withheld. If no such extension is agreed upon, this Agreement shall terminate and neither party shall have any further obligation hereunder. In the event that this Agreement is terminated pursuant to this provision, Buyer will transmit to Seller all rights and title to its accumulated professional work product created to such date in preparation for the Phase 2 Development. (e) Title Insurance . Within thirty days of Phase 2 Land Contingency being satisfied, the Seller shall deliver to Buyer a commitment (“Phase 2 Land Commitment”) prepared by the Title Company to issue a standard form ALTA owners’ policy of title insurance, including gap coverage, for the Phase 2 Land in the amount of $200,000 naming Buyer as the proposed insured, showing all liens, encumbrances and other matters of record. The Commitment shall be delivered to Buyer together with legible copies of all documents that appear as exceptions to title. Within thirty (30) days of Buyer’s receipt of the Title Commitment, Buyer shall notify Seller, in writing (“Buyer’s Phase 2 Title Notice”), of any objections to the Title Commitment. Seller shall use diligent good faith efforts to remove any objections Buyer has with respect to the Title Commitment. If one or more of such objections cannot be removed, Seller shall notify Buyer in writing (“Seller’s Phase 2 Notice”), within thirty (30) days after Seller’s receipt of Buyer’s Title Notice, of which objections cannot be removed. Buyer shall elect, in writing within ten (10) days thereafter, either to: (i) terminate and cancel the Agreement, and neither party shall have further obligations hereunder; or (ii) waive the title objections and proceed to Closing. If Seller fails to deliver Seller’s Notice within the 30 day period, Seller shall be deemed to have agreed to cure all of Buyer’s objections. Notwithstanding anything to the contrary contained herein, Seller shall be obligated to remove all monetary encumbrances from title at or before Closing. Exceptions to title approved by Buyer hereunder shall be deemed to be “Phase 2 Land Permitted Exceptions.” (f) Phase 2 Closing. (i) Closing Date. Following the satisfaction of all Contingencies and any other conditions precedent set forth herein, if the Phase 2 Development is to move forward, the “Phase 2 Land Closing” shall occur at the offices of the Title Company on a date mutually acceptable to the parties no later than twelve months from the issuance of the final occupancy permit for the Phase 1 Development (such date, the “Phase 2 Land Closing Date”). (ii) Closing Documents. On or prior to the Phase 2 Land Closing Date, the parties shall execute the following documents: (i) Seller will execute and deliver to Buyer a general warranty deed (the “ Phase 2 Land Deed ”) conveying the Phase 2 Land to Buyer subject only to the Phase 2 Permitted Exceptions ; (ii) Buyer and Seller will complete a Wisconsin Real Estate Transfer Return in the form that is required by state statute in order to record the Phase 2 Land Deed; (iii) Buyer and Seller will execute and deliver a closing statement setting forth the Phase 2 Land Purchase Price and any adjustments thereto as provided for in this Agreement ; (iv) Seller will execute and deliver to Buyer a Non-Foreign Person Affidavit confirming that Seller is not a foreign person subject to certain federal withholding requirements; (v) the City and the Buyer will execute a mutually agreed upon agreement to undertake development for the Phase 2 Land; (vi) Buyer and Seller will execute and deliver any other documents that are necessary to consummate the Phase 2 Land transaction contemplated by this Agreement, including such documents as are necessary to cause title to be conveyed to Buyer in the form approved by Buyer pursuant to the terms of this Agreement. (iii) Costs and Expenses . Seller shall be responsible for paying the Wisconsin real estate transfer fee, the cost of providing title insurance to Buyer and any recording fees related to satisfying any existing mortgages against the Phase 2 Land. Buyer will pay any recording fees related to recording the Deed and to record any mortgages it grants on the Phase 2 Land. Buyer shall pay any cost of the Title Company to act as the closing agent. Each party will be solely responsible for paying its respective attorney’s fees. (iv) Prorations and Adjustments. The following items shall be prorated and adjusted between Buyer and Seller as of 12:01 a.m. on the date of Phase 2 Land Closing as follows: (1) All utility charges, including, but not limited to, electricity, gas, water, sewer, steam and telephone shall be determined by actual meter readings, if available; otherwise they shall be estimated on the basis of the last billing available from the respec tive utilities. Any utility deposits, standby charges or other prepayments, if assignable, shall be assigned to Buyer, who shall reimburse Seller therefor. (2) General real estate taxes levied against the Phase 2 Land. The proration shall be based on the net general real estate taxes for the year of Phase 2 Land Closing, if known, otherwise on the net general real estate taxes for the year prior to Phase 2 Land Closing. (3) Assessments, either general or special, for improvements completed prior to Phase 2 Land Closing, whether matured or unmatured, shall be paid in full by Seller (including all principal and interest). All other assessments shall be paid by Buyer , except that Buyer shall not be assessed for the initial costs of construction of any Public I mprovements anticipated within the approved GDP for the Riverfront Site, other than those costs included in this Agreement or otherwise agreed to in writing between the Parties. (4) As between Seller and Buyer, Seller shall be responsible for all operating expenses for the Phase 2 Land allocable to the period prior to the date of Phase 2 Land Closing, and shall pay all such expenses when due; and Buyer shall be responsible for all operating expenses for the Project allocable to the period on and after the date of Phase 2 Land Closing. (5) Such other items as are required to be prorated pursuant to the terms hereof, or as are customarily prorated upon the transfer of ownership and possession of commercial rental real estate in Dane County. The parties will make such post-closing adjustments and readjustments as may be required due to errors and omissions in the closing adjustments. If information is not available or if the parties agree that it is impracticable to make a particular adjustment on the date of Phase 2 Land Closing, that adjustment shall be made as soon as practicable after such information is available. (a) Environmental Remediation . Buyer shall be responsible for the remediation of the Existing Contamination on the Phase 2 Land if conveyed to Buyer, with the exception of those remediation activities to be undertaken by the Buyer and any other parties involved or obligated in the final remediation plans for the entirety of the Riverfront Site. Seller shall have no obligation to remediate any Existing Environmental Contamination on the Phase 2 Land or make any financial contribution towards remediating the Phase 2 Land if it is conveyed to Buyer. Buyer shall prepare and submit an application to WEDC’s Brownfields Grant Program seeking a Brownfield Grant , if such a grant is available, payable to Buyer to address some of its costs that will be incurred in mitigating environmental risks to the end- users of the Phase 2 Development including soil capping, vapor mitigation and/or installation of impervious surfaces. Buyer and Seller shall cooperate with one another in pursuing the Brownfield Grant application and in seeking out and maximizing any other potential grant opportunities to address the Existing Contamination. (b) Termination for Cause . If Buyer is in default of any material obligation under the Agreement to Undertake Development for the Phase 1 Land beyond applicable notice and cure periods, Seller may terminate Buyer’s rights to acquire the Phase 2 Land upon written notice to Buyer. 9. Seller’s Representations and Warranties. In order to induce Buyer to enter into this Agreement, Seller hereby makes the following representations and warranties to Buyer, each of which shall be deemed to be independently material and relied upon by Buyer, regardless of any investigation made by, or information known to, Buyer, and upon which Buyer has relied and without which Buyer would not have submitted this Agreement . Seller covenants and agrees that each of the representations are true and correct on the date hereof and, as a condition precedent to Buyer’s obligation to close, Seller shall affirm that each of these representations continue to be true and correct on the date of Closing, and that such representations and warranties shall survive Closing: (a) Authority. The sale of the Phase 1 Land and Phase 2 Land pursuant to this Agreement is not in violation of any provision of any agreement to which Seller is bound. Seller has complete power and authority to enter into and perform the transaction contemplated by this Agreement according to its terms, and the execution and delivery of this Agreement and the consummation thereof have been duly authorized by all required action. (b) Litigation, Court Orders . There are no legal actions, condemnation proceedings, suits or other legal administrative proceedings, pending, or to the knowledge of Seller, threatened, against the Phase 1 Land or Phase 2 Land, and there are no governmental agency or court orders requiring repairs, alterations or corrections of any existing conditions on the Phase 1 Land or Phase 2 Land excepting proceedings with the Wisconsin Department of Natural Resources relating the Existing Contamination. 10. Seller’s Covenants. (a) Access. Following the Effective Date and up to and including the date of Closing, Seller shall grant Buyer access to the Phase 1 Land and Phase 2 Land at reasonable times and upon reasonable notice for the purpose of making such investigations, studies, assessments and the like that Buyer deems necessary or desirable, consistent with good commercial practice. (b) Continued Operation. Following the Effective Date and up to and including the respective dates of conveyance, Seller shall maintain the Phase 1 Land and Phase 2 Land in good condition and repair, reasonable wear and tear excepted and shall continue to operate the Phase 1 Land and Phase 2 Land in their ordinary and normal course of business. (c) There are no restrictions or agreements applicable to the Property other than those, if any, described in the Title Commitment. (d) There are no leases, tenancies, licenses, concessions, franchises, options, or rights of occupancy affecting the Property. (e) The current use and occupancy of the Property does not violate any easement, covenant, condition, restriction or similar provision in any instrument of record or other unrecorded agreement or restriction affecting the Property. (f) All claims for work, labor, service and materials furnished prior to Closing, if any, have been finally satisfied by Seller prior to Closing, such that no mechanics', materialmen's, or other lien may be filed against the Real. (g) With the exception of those matters described and enumerated in paragraph 7(a), above, the Property is not subject to, or the subject of, any existing, pending or, to Seller’s knowledge, threatened investigation, proceeding or suit by any governmental authority or private party under any Environmental Law and there is no factual basis for any such investigation, proceeding or suit. Neither Seller nor any Person for whose conduct it is responsible has received any injunction, judgment, order, decree, ruling, or charge (together “Order”), or notice or other communication and, to Seller’s knowledge, no such Order, notice or communication is threatened, from any governmental authority or private citizen purportedly acting in the public interest, or of any storage or dump site, or any transporter of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or alleged obligation on the part of Seller to undertake or bear the cost of any liabilities arising out of violations of Environmental Law with respect to the Property, or with respect to any property or site at or to which Hazardous Substances were generated, manufactured, refined, transferred, stored, used, transported or processed, or from which Hazardous Substances have been transported, treated, stored, handled, transferred, disposed, recycled, or received, or with respect to any Hazardous Substances themselves. (h) Seller has received no notices from any authority of any zoning, building, fire or health and safety, land -use, disability accommodation or other code, ordinance or regulation violations with respect to the Property that have not been heretofore corrected. No additional change in zoning relating to the Property has been proposed. (i) No Improvement encroaches on any land that is not included in the Property or on any easement affecting the Real Property. 11. Buyer’s Representations and Warranties . Buyer covenants and agrees that the Buyer is a Wisconsin corporation duly organized, validly existing and in current status under the laws of the State of Wisconsin. The purchase of the Phase 1 Land and Phase 2 Land pursuant to this Agreement is not in violation of any provision of Buyer’s articles of organization, operating agreement or any other agreement to which Buyer is bound. Buyer has complete power and authority to enter into and perform the transaction contemplated by this Agreement according to its terms, and the execution and delivery of this Agreement and the consummation thereof have been duly authorized by all required company action. The person (or those persons) signing below on behalf of Buyer personally warrant that they have the authority to act as Buyer’s agent or agents in the purchase, transfer and conveyance of the Phase 1 Land and Phase 2 Land from Seller. 12. Notices. A ll notices or directions desired or required to be given under this Agreement shall be in writing and personally delivered, sent by commercial overnight courier or delivered via email, directed as follows: If to Buyer: Joseph Alexander The Alexander Company, Inc. 2450 Rimrock Road, Suite 100 Madison, Wisconsin 53713 Telephone: 608.258.5580 Email: jma@alexandercompany.com with a copy to: Michael Best & Friedrich, LLP One South Pinckney Street, Suite 700 Madison, WI 53703 Attn: Kevin A. Martin Telephone: 608.257.7467 Email: kamartin@michaelbest.com If to Seller: City Clerk City of Stoughton 207 S. Forrest Street Stoughton, WI 53589 and: with a copy to: Stafford Rosenbaum LLP 222 West Washington Avenue, Suite 900 Madison, Wisconsin 53701-1784 Attn: Rick Manthe Telephone: 608.259.2618 Email: RManthe@staffordlaw.com Notices personally delivered shall be deemed received when given. Notices sent by email shall be deemed received when given, if prior to 5 PM, recipient’s local time, on a business day, otherwise on the next occurring business day. Notices or demands sent by commercial overnight courier shall be deemed received on the next business day following deposit. 13. Brokers. Buyer and Seller represent and warrant that neither Buyer nor Seller have retained the services of any real estate broker or agent in connection with the purchase and sale under this Agreement and each agrees to indemnify and hold the other harmless from and against any and all liability or damages, including costs and attorney’s fees, resulting from any claim brought by any other real estate broker or agent for any real estate commission or finder’s fee due, or alleged to be due, as the result of the actions of such person. 14. Adequacy of Consideration. Buyer and Seller acknowledge that they each will expend material sums of money in reliance on their respective obligations under this Agreement, in connection with negotiating and executing this Agreement , conducting the due diligence activities contemplated by this Agreement, and that Buyer and Seller would not have executed the Agreement without the availability of the contingencies for due diligence activities described herein. Buyer and Seller, therefore agree that adequate consideration exists to support each of the party’s obligations under this Agreement , and Seller and Buyer each waive any and all rights to challenge the enforceability of this Agreement on the basis that any of the conditions or contingencies set forth herein are at Seller’s or Buyer’s sole discretion or that any of the agreements contained herein are illusory. 15. Miscellaneous. (a) Dates and Deadlines. Unless otherwise specifically provided herein, in the computation of any period of time which shall be required or permitted hereunder or under any law for any notice or other communication or for the performance of any term, condition, covenant or obligation, the day from which such period runs shall be excluded and the last day of such period shall be included unless it is a Saturday, Sunday or legal holiday, in which case the period shall be deemed to run until the end of the next day which is not a Saturday, Sunday or legal holiday. (b) Assignment. Buyer may assign its rights and obligation under this Agreement at any time, in whole or in part, to an entity that is related to, and/or controlled by, Buyer. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their permitted successors and assigns. (c) Modifications. This Agreement may only be modified in writing signed by both Seller and Buyer. (d) Further Assurances. The parties each agree to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action before or after the Closing as shall be necessary or desirable to fully carry out the terms of this Agreement and to fully consummate the transaction contemplated hereby. (e) Captions. The captions at the beginning of the several paragraphs and subparagraphs, respectively, are for convenience in locating the context only, and are not part of the text. (f) Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Wisconsin without giving effect to principles of conflicts of law thereof. (g) Severability. In the event any term or provision of this Agreement shall be held illegal, invalid or unenforceable, or inoperative as a matter of law, the remaining terms and provisions of this Agreement shall not be affected thereby but each such term and provision shall be valid and shall remain in full force and effect. (h) Attorney’s Fees. If either party commences an action to enforce the terms of, or to resolve a dispute concerning, this Agreement, the substantially prevailing party in any such action shall be entitled to recover from the substantially non-prevailing party all costs and expenses incurred in connection with such action, including, but not limited to, reasonable attorney’s fees and court costs. (i) Counterparts; Facsimile. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one original instrument. Signatures transmitted by facsimile or PDF by email shall be deemed to be original signatures for all purposes. (j) Entire Agreement/Appendices Incorporated. This written Amended and Restated Agreement and the attachments hereto, shall constitute the entire Agreement between Developer, the RDA, and the City as of the date hereof. This Agreement supersedes and replaces in its entirety the original Real Estate Purchase and Sale Agreement entered into between the parties on September 29, 2025. Any inconsistencies with earlier agreements between the Parties are superseded by the terms of this Agreement, which shall take precedence over said earlier agreements. [Signature pages follow.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. BUYER: By: Date: STATE OF WISCONSIN COUNTY OF DANE Personally came before me this _______ day of ________________, _____ the above named ______________________to me known to be the person who executed the foregoing instrument and acknowledged the same. Subscribed and sworn to before me This _______ day of __________________, _____. Notary Public, State of Wisconsin Print Name: My Commission: SELLER: CITY OF STOUGHTON By: Date: Mayor Timothy Swadley CITY OF STOUGHTON REDEVELOPMENT AUTHORITY By: Date: Dale Reeves, Chair ATTEST: Candee Christen, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally came before me this ________ day of _______________, _____, the above - named Timothy Swadley, Mayor, and Candee Christen, City Clerk, of the City of Stoughton, and Dale Reeves, Chair, of the City of Stoughton Redevelopment Authority, to me known to be the persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by the City’s and Redevelopment Authority’s authority. Subscribed and sworn to before me This _______ day of __________________, _____. Notary Public, State of Wisconsin Print Name: My Commission: Approved as to form: STAFFORD ROSENBAUM LLP By: Rick Manthe, City Attorney A-1 MBF\011626\0081\41198283.v11-9/4/25 MBF\011626\0081\41198283.v12-9/5/25 EXHIBIT A B-1 MBF\011626\0081\41198283.v11-9/4/25 MBF\011626\0081\41198283.v12-9/5/25 EXHIBIT B PHASE 1 CONCEPT PLANS C-1 MBF\011626\0081\41198283.v11-9/4/25 MBF\011626\0081\41198283.v12-9/5/25 EXHIBIT C FORM OF AGREEMENT TO UNDERTAKE DEVELOPMENT [attached] AGREEMENT TO UNDERTAKE DEVELOPMENT (Riverfront Redevelopment – Phase 1) THIS AMENDED AND RESTATED AGREEMENT TO UNDERTAKE DEVELOPMENT entered into as of the ____th day of ______________, 2026, by and among the City of Stoughton, a Wisconsin municipal corporation (the “City”), the City of Stoughton Redevelopment Authority, a body corporate and politic (the “RDA)”) and Alexander Company, Inc., a Wisconsin corporation (the “Developer”). RECITALS 1. The City, the RDA and Developer entered into a n Amended and Restated Real Estate Purchase and Sale Agreement effective ____, 2026 (the “Amended and Restated Purchase Agreement”). 2. Developer proposes to purchase the real property described as Lot 1 on Attachment A attached hereto (the "Phase 1 Land"), and intends to undertake multi -family residential development on the Phase 1 Land and remediate certain environmental contamination , in accordance with Planned Development District zoning approved by the City. 3. The parties previously entered into an agreement to undertake development of the Phase 1 Land on September 29, 2025. 4. The parties now wish to amend the original agreement to undertake development of the Phase 1 Land to clarify environmental remediation responsibilities and provide Developer additional time to secure financing to develop the Phase 1 Land. 3. The Amended and Restated Purchase Agreement and Chapter 66 of the City of Stoughton Municipal Code require that an agreement be made for the installation of improvements needed to serve the Phase 1 Land. 4. The City Council on _____________, 2026, adopted Resolution No. R-XXX-2026 approving this Agreement and authorizing the City, through its duly authorized officials and agents, to execute this Agreement. AGREEMENT In consideration of the Recitals, and the mutual promises, obligations and benefits provided hereunder, the receipt and adequacy of which are hereby acknowledged, Developer, the RDA and the City agree as follows: A. DEFINITIONS. As used in this Agreement, the following terms, when having an initial capital letter, shall mean: 1. Affiliate. In relation to Developer, any other entity which: (i) directly or indirectly controls, is controlled by, or under common control with, the Developer; (ii) directly or indirectly owns or holds more than fifty percent (50%) of the equity interests in the Developer; or (iii) directly or indirectly owns or holds more than fifty percent (50%) of the voting stock or other equity interest held by the Developer. For purposes of this definition, “control” (including with correlative meanings, the terms “controlling”, “controlled by” and “under common control with”) means the possession directly or indirectly of the power to direct or cause the direction of the management and policies of the Developer, whether through the ownership of voting securities, by contract or otherwise. 2. City Administrative Costs. All reasonable costs, including City staff, engineering, legal, planning, inspection, and financial consultant costs, incurred by the City relating to the creation and continuing and future administration of this Agreement, the drafting and negotiation of this Agreement and other agreements relating to the Project, reviewing plans and specifications, observing the construction of Public Improvements, inspecting Public Improvements, and other reasonable costs incurred by the City in connection with development of the Project. 3. Public Improvements. The following public improvements to serve development of the Riverfront Site: (a) Future Wagon Works Way Parallel to the Yahara River , and Sixth Street : Public street, curb, gutter, sidewalk, street lighting, street trees and sanitary sewer, water, and storm sewer utility infrastructure and associated site grading work for the area depicted as right-of-way on the CSM. (b) Fourth Street : Curb, gutter, sidewalk, and street trees as necessary and appropriate within the Fourth Street right-of-way adjacent to the Riverfront Site. (c) Stormwater Management or Stormwater Improvements : S tormwater management facilities to be constructed on the lands described as Lot 2 in Attachment A, to serve the development of the Phase 1 land and Phase 2 land , which may include a regional infiltration basin, storage basin and/or a regional water quality basin and outfall structure, in accordance with site grading, erosion control and stormwater management plans. (d) Additional Public Improvements : Any public improvements necessary to serve the Riverfront Site as reasonably determined by the City during the course of reviewing plans for the Project or the Public Improvements, including sewer, water, and electric utilities. 4. Existing Contamination . Environmental contamination located on the Phase 1 Land and elsewhere within the Riverfront Site, as of the date the Phase 1 Land is conveyed to Developer, including without limitation, the contaminants described in the open Wisconsin Department of Natural Resources (“DNR”) files identified as BRRTS number 02-13-583169, 02- 13-554724, and 02-13-585835; closed DNR files identified as BRRTS number 02-13-579312, 02- 13-258425; and general property DNR file identified as BRRTS number 07-13-563581. 5. Environmental Consultant . True North Consultants, Inc., or such other environmental consultants as the parties select. 6. Remedial Action Plan . A DNR approved material management plan for remediation of Existing Contamination for the Phase 1 Land prepared by Developer at Developer’s expense. This plan will be incorporated into the Agreement upon Developer obtaining approval from the DNR of a material management plan. 7. Project. The construction of two, multi-family residential buildings on the Phase 1 Land in accordance with Planned Development District zoning approved by the City and the Specific Implementation Plan. 8. Phase 1 Land. The land described as Lot 1 in Attachment A. 9. Phase 2 Land. The land approximately depicted as Lot 2 in the map in Attachment B. 10. Riverfront Site. An approximately 10.9- acre tract of land located in the City of Stoughton, Dane County, Wisconsin, bounded on the west by Fourth Street, on the east by a line extending generally south from Seventh Street, on the north by South Street and on the south b y the Yahara River. 11. Stormwater Management Facilities . Stormwater management facilities needed to serve the Riverfront Site, which may include a regional infiltration basin, storage basin and/or a regional water quality basin and outfall structure, in addition to any other facilities deemed necessary by the City Director of Planning. 12. Tax Incremental Financing Agreement. A future agreement between the parties or related entities, to be negotiated and executed as part of this transaction and as a condition precedent to this Agreement becoming effective pursuant to Section D. of this Agreement. B. DEVELOPER OBLIGATIONS. 1. Remediation of Environmental Contamination. (a) Remediation of Environmental Contamination. (1) City shall prepare and implement a remedial action plan for the remediation of the Existing Contamination on the Phase 1 Land for the areas depicted as C and D on Attachment C, including removal of contaminated soil and materials, at its sole cost and expense (“City Remediation Areas”), and in accordance with any DNR requirements. The City shall properly dispose of any hazardous materials or contaminated soils in in the City Remediation Areas in accordance with its remedial action plan and federal and state law. In the event the DNR initiates a separate action or opens a new BRRTS matter for the Phase 1 Land, the City shall be responsible for any future obligations , including additional investigation, remediation and/or mitigation, relating to contamination caused by the City on the Phase 1 Land and as required by the DNR or federal and state law. (2) Remedial Action Plan for all other Phase 1 Existing Contamination. With the exception of that part of the Remedial Action Plan and obligations described in paragraph (1), above, as between the City and Developer, D eveloper shall remediate and manage the remainder, if any, of the Existing Contamination on the Phase 1 Land or property underlying right-of-way depicted in Attachment A in accordance with Developer’s Remedial Action Plan at Developer’s sole cost and expense. Developer and City shall cooperate in order to comply with all requirements of the Remedial Action Plan, and the Remedial Action Plan shall be incorporated by reference to this Agreement once it is approved by the DNR. No building permits for the Project will be issued until all requirements of the Remedial Action Plan have been satisfied . T he Developer shall properly dispose of and manage any hazardous materials or contaminated soils in accordance with its Remedial Action Plan and federal and state law. (3) The Developer shall be responsible for any post-closure continuing obligations relating to the Existing Contamination on the Phase 1 Land as may be required by the DNR. (4) No contaminated soils from the Phase 1 Land will be placed in the Public Improvements areas unless agreed to in writing by the parties. (b) Traffic Control, Signs and Barricades. Developer shall install or cause the installation of, and maintain during construction, traffic controls as specified in a traffic control plan to be prepared by Developer and approved by the City Planning Director. The traffic control plan shall be prepa red in accordance with the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration. (c) City Approval of Starting Dates. No land disturbances or work on the Project shall begin without the City Planning Director's approval of a starting date and schedule which shall be submitted by the Developer to the City Planning Director a minimum of 20 calendar days before work is scheduled to begin. Developer’s contractor shall meet with the City of Director of Public Works at a preconstruction meeting at least seven days prior to the starting date to establish access points to the site and truck routes that are mutually agreeable to the parties. (d) Change to Work Order. All change orders for the Developer’s remediation of Existing Contamination shall be reviewed and approved by Developer and the City Planning Director. Except as otherwise provided in this Agreement, or subsequently agreed to in writing by the parties, the City shall not be required to reimburse Developer for costs of any change orders relating to the remediation of Existing Contamination. (e) Easements and Utility Service . All utilities serving the Project including, but not limited to, electric power, natural gas, communications facilities, telephone and cable, shall be installed underground. Except as otherwise provided in this Section, all utility equipment, appurtenances, conduits, lines and structures, electrical power, cable, communications facilities, and telephone shall be installed within the right of way or wi thin easements in areas approved by the City . Developer shall dedicate and convey to the City any easements for utilities deemed necessary by the City Planning Director. 2. Complete the Project. Developer will utilize its best efforts to complete the Project and obtain a final occupancy permit for the Project by June 30, 2028. Developer shall construct the Project in accordance with the approved General Development Plan, which is hereby incorporated by reference, and the Specific Implementation Plan, which shall automatically be incorporated into this Agreement upon the City’s approval of the Specific Implementation Plan. 3. Reimbursement of Administrative Costs. The Developer shall reimburse the City for City Administrative Costs. The City shall bill the Developer monthly for City Administrative Costs. Bills outstanding for more than 30 days shall accrue interest at the rate of 1 and 1/2 percent per month. The City may order the suspension of work on the Project if bills are outstanding for more than 60 days. Upon request and subject to any applicable limitations of privilege, the Developer may inspect the books and records of the City relating to invoices. 4. Park Land and Park Improvement Impact Fees. Developer acknowledges that as a condition of receiving building permits for the Project, Developer is subject to impact fees pursuant to Chapter 67 of the City of Stoughton Code of Ordinances (“SCO”). Pursuant to Sec. 67-6 of the SCO, Developer will receive credit toward the calculation of the Park Land Acquisition portion of the impact fees based upon the area of park land actually dedicated for park use as part of the Project (minus land used for stormwater de tention and the existing powerhouse building) , as calculated by the City, which will be deducted from the total amount of park land required to be dedicated as a result of the Project’s construction, and the “in lieu” impact fee shall be adjusted proportionately. The SCO imposes the following fee amounts, which Developer shall pay as applicable and in accordance with adjustments permitted by this subsection B.(4): (a) A fee of $2,861.00 for park facilities improvements and $68.00 per unit for recreational trail improvements. (b) A fee of $1,867.00 for each dwelling unit in a two- family or multi-family development for fees in lieu of park land dedication. C. PUBLIC IMPROVEMENTS. 1. Design of Improvements. The City shall design the Public Improvements deemed necessary by the City to serve the Riverfront Site. The City’s design of the Public Improvements shall be in accordance with City standards. The City shall have final approval of all design decisions of the Public Improvements. Developer shall reimburse the City for the costs of designing the Public Improvements, and these costs shall be treated as City Administrative Costs. 2. Construction of Public Improvements . The City shall be responsible for the construction and installation of the Public Improvements at its sole cost and expense. Developer acknowledges that the City has not yet approved the further division of lot 2 within the CSM, or the zoning of such lots, that are needed to allow for development of private improvements on such lots. Developer further acknowledges that the City’s obligation to construct the Public Improvements to serve the Phase 1 Land is otherwise conditioned only upon the satisfaction of the conditions in Sections C.5 and D. of this Agreement. The City intends to commence and complete construction of the Public Improveme nts in 2026, subject to DNR approval of material management plans and remediation and removal of contaminated soils for the areas where Public Improvements will be located. The City shall use reasonable good faith efforts to complete construction of the Public Improvements by June 1, 2027. During construction of the Public Improvements, Developer may create a temporary access point to the Phase 1 Land that does not interfere with the City’s construction of Public Improvements. 3. Time of Completion . No occupancy permits will be issued for the Project until sewer and water utilities have been completed by the City and available for the Project, and the binder course for all right-of-way Public Improvements has been installed, unless otherwise agreed in writing. Other than remedies provided by the Agreement, no damages may be recovered by Developer or any person against the City for delay in completion of the Public Improvements. 4. Damage to Public Improvements. If, during Developer’s construction of the Project, Developer, Developer’s contractor or subcontractors, or any agent or third party contracted by Developer, damages the Public Improvements, Developer shall repair the damaged Public Improvements to a substantially similar condition that existed prior to the damage, as determined by the City Engineer. Developer shall immediately notify the City if it becomes aware of damage to the Public Improvements. If the City discovers any Public Improvements have been damaged by the Developer, Developer’s contractor or subcontractors, or any agent or third party contracted by Developer, the City shall notify the Developer in writing within 30 days of the City discovering the damage to the Public Improvements. The Developer shall then have 30 days to repair the damaged Public Improvements, at Developer’s sole cost and expense, unless otherwise agreed to in writing by the parties. If the Developer does not repair the Public Improvements, the City may perform the work and bill the Developer for the cost of repairs. 5. Conditions Precedent to City’s Obligation to Construct Public Improvements. The City shall not be obligated to construct the Public Improvements until all of the following occur. (a) The City has secured funding from City Tax Increment District 7 and/or Tax Increment District 8, and any state or federal grants, so that the sources of funding are sufficient to cover the City’s principal and interest payments for the debt service required to pay for remediating the existing contamination described in BRRTS file number s 02-13-585835 and 02-13-583169 and constructing the Public Improvements. The City shall not be obligated to construct the Public Improvements if it has not obtained sufficient funding to cover its debt service payments for remediating and obtaining site closure of BRRTS file number s 02-13-585835 and 02-13-583169 and to construct the Public Improvements without increasing its general levy, unless expressly authorized by the City Common Council. (b) Developer has completed any remediation required by the DNR for the Existing Contamination on the Phase 1 Land and the areas beneath the right of way (referred to as Wagon Works Way and Sixth Street) depicted on Exhibit A. (c) Developer has provided the City with evidence that the Developer has secured sufficient funding to construct the Project. D. CONDITIONS PRECEDENT TO AGREEMENT OBLIGATIONS. All of the following must occur before either party’s obligations under this Agreement shall become effective. 1. The City and Developer must approve and execute this Agreement. 2. Developer must acquire fee simple title to the Phase 1 Land in accordance with the Amended and Restated Purchase Agreement. 3. The City and Developer must approve and enter into a Tax Incremental Financing Agreement mutually acceptable to the parties. If the events described in this Section D are not satisfied by April 30, 2027, then this Agreement shall be null and void. E. REPRESENTATIONS AND WARRANTIES. 1. Authorization. Developer warrants that Developer’s execution, delivery and performance of this Agreement have been duly authorized and do not conflict with, result in a violation of, or constitute a default under any provision of Developer’s articles of organization or membership agreements, or any agreement or other instrument binding upon Developer, or any law, governmental regulation, court decree, or order applicable to Developer or to the Property. F. GENERAL CONDITIONS. 1. No Vested Rights Granted. Except as provided by law, or as expressly provided in this Agreement, no vested rights to develop the Project shall inure to Developer by virtue of this Agreement. Nor does the City warrant that Developer is entitled to any City approvals required for development of the Property or construction of the Project as a result of this Agreement. 2. Binding Effect / Assignment . The obligations of Developer , RDA, and the City under this Agreement shall be binding on their respective grantors, successors and assigns. Developer may not assign its benefits or obligations under this Agreement without the express prior written approval of the City and RDA, except that Developer may assign its interest in this Agreement to (i) a lender in connection with the financing of the Project, (ii) an Affiliate of Developer. 3. No Waiver. No waiver of any provision of this Agreement shall be deemed or constitute a waiver of any other provision, nor shall it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by the Cit y, the RDA, and Developer, nor shall the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults. Either party’s failure to exercise any right under this Agreement shall not constitute the approval of any wrongful act by the other party hereto. 4. Amendment/Modification. This Agreement may be amended or modified only by a written amendment approved and executed by the City, the RDA, and Developer. 5. Remedies upon Default. A default is defined herein as a party’s breach of, or failure to comply with, the terms of this Agreement and the failure to cure such breach within thirty (30) days after the date of written notice from the non-defaulting party. The parties reserve all remedies at law or in equity necessary to cure any default or remedy any damages or losses under this Agreement. Rights and remedies are cumulative, and the exercise of one or more rights or remedies shall not preclude the exercise of other rights or remedies. Remedies include, but are not limited to, charging Developer, on all amounts due to the City not paid by the due date, interest at the rate of 2 percent over the rate then payable by the City under the city borrowing, from the due date until the date the unpaid amounts are paid in full. In addition to other remedies provided to the City by this Agreement, if Developer has failed to cure any breach within 30 days of receiving written notice, the City shall have the right, witho ut notice or hearing, to impose special assessments or special charges on the Phase 1 Land for any amount to which the City is entitled by virtue of this Agreement. This provision constitutes the Developer's acknowledgment of special benefit and the Develo per's consent to, and waiver of notice and hearing on all proceedings imposing such special assessments or special charges. 6. Entire Agreement/Appendices Incorporated. This written Amended and Restated Agreement and the attachments hereto, and the Amended and Restated Purchase Agreement, shall constitute the entire Agreement between Developer, the RDA, and the City as of the date hereof. This Agreement supersedes and replaces in its entirety the original agreement to undertake development of the Phase 1 Lands entered into between the par ties on September 29, 2025. Any inconsistencies with earlier agreements between the Parties are superseded by the terms of this Agreement and the Purchase Agreement, which shall take precedence over said earlier agreements, including the Memorandum of Agreement as amended. 7. Severability. If any part, term, or provision of this Agreement is held by the courts to be illegal or otherwise unenforceable, such illegality or unenforceability shall not affect the validity of any other part, term, or provision and the rights of the parties will be construed as if the invalid part, term, or provision was never part of the Agreement. 8. Immunity. Nothing contained in this Agreement constitutes a waiver of the City’s or RDA’s sovereign immunity under applicable law. 9. Indemnification. Except as to environmental contamination for which the City is otherwise responsible, including but not limited to the City’s obligations described in Paragraph 7 herein, Developer, and its successors and assigns, shall indemnify, hold harmless and defend the City and the RDA and their officers, agents and employees from any and all liability suits, actions, claims, demands, losses, costs, damages and expenses or liabilities of every kind and description, including attorney costs and fees, for claims of any character including liability and expenses in connection with the loss of life, personal injury or damage to property, or any of them, brought because of any injuries or damages received or sustained by any persons or property on account of or arising out of the construction of the Project occasioned wholly or in part by any act or omission on Developer's part or on the part of its agents, contractors, subcontractors, invitees or employees, at any time occurring on, at or in the Property or the Riverfront Site, except as are a result of the gross negligence or willful misconduct of any officer, agent or employee of the City or the RDA. The City and the RDA shall be entitled to appear in any proceedings to defend themselves against such claims, and all costs, expenses and reasonable attorney fees incurred by the City or the RDA in connection with such defense shall be paid by Developer to the City or the RDA, as the case may be. The foregoing indemnity provisions shall survive the cancellation or termination of this Agreement as to all matters arising or accruing prior to such cancellation or termination and the foregoing indemnity shall survive in the event the City or the RDA elect to exercise any of the remedies as provided under this Agreement following default hereunder. 10. INTENTIONALLY OMITTED 11. Notice. Any notice required or permitted by this Agreement shall be deemed effective given in writing and personally delivered or mailed by U.S. Mail as follows: To Developer: Joseph Alexander The Alexander Company, Inc. 2450 Rimrock Road, Suite 100 Madison, Wisconsin 53713 Telephone: 608.258.5580 Email: jma@alexandercompany.com with a copy to: Michael Best & Friedrich, LLP One South Pinckney Street, Suite 700 Madison, WI 53703 Attn: Kevin A. Martin Telephone: 608.257.7467 Email: kamartin@michaelbest.com To the City/RDA: City Clerk City of Stoughton 207 S. Forrest Street Stoughton, WI 53589 Telephone: 608.873.6691 Email: cchristen@cityofstoughton.com City Attorney Stafford Rosenbaum LLP 222 W. Washington Avenue, Suite 900 P.O. Box 1784 Madison, WI 53701-1784 Attn: Rick Manthe Telephone: 608.259-2618 Email: rmanthe@staffordlaw.com 12. Public Protection and Safety. During construction of the Project, Developer shall provide that its contractor shall be responsible for all damage, bodily injury, or death relating to the construction of the Project whether from maintaining an "attractive nuisance" or otherwise. Developer shall require that its contractor provide appropriate and adequate insurance coverage for such liabilities. Where apparent or potential hazards occur incident to its conduct of construction of the Project, Developer’s contractor shall provide reasonable safeguards. 13. INTENTIONALLY OMITTED. 14. Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City's or RDA’s officers, agents, or employees, it being understood and agreed that in such matters they act as agents and representatives of the City or RDA. 15. Recordation. The City may record a copy of this Agreement, or a memorandum thereof, in the office of the Dane County Register of Deeds. 16. Personal Jurisdiction and Venue . Personal jurisdiction and venue for any civil action commenced by either party arising out of this Agreement shall be deemed to be proper only if such action is commenced in Circuit Court for Dane County unless it is determined that such Court lacks jur isdiction. Developer hereby consents to personal jurisdiction in Dane County. Developer also expressly waives the right to bring such action in, or to remove such action to, any other court whether state or federal, unless it is determined that the Circuit Court for Dane County lack jurisdiction. 17. Ratification. Developer hereby approves and ratifies all actions taken to date by the RDA and the City, their officers, employees and agents in connection with Tax Increment District 8, and in connection with the zoning and other approvals relating to the Phase 1 Land and the Project. 18. Compliance with Laws . Developer shall comply with all federal, state and local laws with respect to the Phase 1 Land , the Project, including but not limited to laws governing building and construction, the environment, nondiscrimination, employment and contracting practices, to the extent they are applicable, and conditions of approval for any permit or authorization granted by the City. 19. No Partnership. The City and the RDA do not, in any way or for any purpose, become a partner, employer, principal, agent or joint venturer of or with Developer. 20. Good Faith. All parties to this Agreement shall exercise good faith in performing any obligation that party has assumed under the terms of this Agreement including, but not limited to, the performance of obligations that require the exercise of discretion and judgment. 21. Applicable Law. This Agreement shall be construed under the laws of the state of Wisconsin. 22. No Private Right or Cause of Action. Nothing in this Agreement shall be inter - preted or construed to create any private right or any private cause of action by or on behalf of any person not a party hereto. 23. Effective Date. This Agreement shall be effective as of the date and year first written above. 24. Term. Except as provided in Section D, this Agreement shall continue in full force and effect until such time as Developer’s obligations under Section B of this Agreement, and the City’s obligations under Section C of this Agreement, have been fully satisfied, at which point this Agreement shall terminate and be of no further force or effect. At that time, if this Agreement has been recorded the parties shall jointly execute and record a release of the Agreement. 25. Construction of Agreement . Each party participated fully in the drafting of each and every part of this Agreement. This Agreement shall not be construed strictly in favor of or against either party. It shall be construed simply and fairly to each party. [Signature pages follow.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the year and date first set forth above, and by so signing this Agreement, certify that they have been duly authorized by their respective entities to execute this Agreement on their behalf. CITY: CITY OF STOUGHTON REDEVELOPMENT AUTHORITY CITY OF STOUGHTON Dane County, Wisconsin By By Timothy Swadley, Mayor Dale Reeves, Chair ATTEST: Candee Christen, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally came before me this ________ day of _______________, _____, the above - named Timothy Swadley, Mayor, and Candee Christen, City Clerk, of the City of Stoughton, and Dale Reeves, Chair, of the City of Stoughton Redevelopment Authority, to me known to be the persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by the City’s and Redevelopment Authority’s authority. Subscribed and sworn to before me This _______ day of __________________, _____. Notary Public, State of Wisconsin Print Name: My Commission: DEVELOPER: The Alexander Company, Inc. By STATE OF WISCONSIN COUNTY OF DANE Personally came before me this _______ day of ________________, _____ the above named ______________________to me known to be the person who executed the foregoing instrument and acknowledged the same. Subscribed and sworn to before me This _______ day of __________________, _____. Notary Public, State of Wisconsin Print Name: My Commission: Approved as to Form: Stafford Rosenbaum LLP __________________________ By: Rick Manthe City Attorney Attachment A Attachment B Created: 2026-08-05 14:38:24 [EST] ( Supp. No. 73) Page 1 of 11 CITY OF STOUGHTON, 207 S. Forrest St, Stoughton, WI 53589 ORDINANCE OF THE COMMON COUNCIL Amend Ordinance Chapter 62, Article II. Recycling - to be compliant with recycling requirements under ch. NR 544, of the Wis. Adm. Code, to have an effective recycling program as required by State Statute s. 287.11. Committee Action: Public Works Committee recommends approval vote 4- 0 on September 17, 2026 Financial Impact: N/A File Number: O-16-2026 Date Introduced: September 22, 2026 O ctober 13, 2026 Cha pter 62 – Solid Waste Ar ticle II. Recycling Sec. 62-31. Purpose. The purpose of this article is recycling, composting and resource recovery through the administration of an effective recycling program as provided in Wis. Stats. § 287.11 and Wis. Adm. Code. NR ch. 544. (Code 1986, § 11.04(1)) Sec. 62-32. Statutory authority. This article is adopted as authorized under Wis. Stats. § 287.09 and this Code. (Code 1986, § 11.04(2)) Sec. 62-33. Applicability. This article shall apply to all persons, entities and appropriate waste generating activities within the corporate limits of the city. (Code 1986, § 11.04(3)) Sec. 62-34. Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this article imposes greater restrictions, the provisions of this article shall apply. (Code 1986, § 11.04(4)) Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 2 of 11 Sec. 62-35. Interpretation. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by statute. Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this article is required by statute or by a standard in Wis. Adm. Code. NR ch. 544, and where the article provision is unclear, the provision shall be interpreted in light of statute, and the Wis. Adm. Code. NR ch. 544 standards in effect on the date of the adoption of the ordinance from which this article is derived, or in effect on the date of the most recent text amendment to this article. (Code 1986, § 11.04(5)) Sec. 62-36. Promulgation of regulations and standards; distribution of information. The city council shall prepare regulations, standards and schedules as necessary to make effective all provisions of this article. Periodically, upon a schedule adopted by the municipality, the city clerk shall prepare notices and distribute other information to persons and entities generating waste within the city for the purpose of informing the public about the requirements dictated by the mandatory source separation recycling provisions of this article. (Code 1986, § 11.04(23)) Sec. 62-37. Definitions. As used in this article, the following words are defined in this section as follows: Collector/hauler means the contractor or entity chosen by the city council to handle, transport and dispose of the community's solid waste, recyclables and nonrecyclables or person contracting with waste generators for these services and will enforce preparation standards for recyclable materials as well as ensure community compliance with the source separation recycling program set out in this article. Container board means corrugated paperboard used in the manufacture of shipping containers and related products. Garbage means discarded materials resulting from the handling, processing, storage and consumption of food. Glass means glass bottles, jars and containers and does not include window glass, drinking glasses, pyrex, lightbulbs or other noncontainer glass. Good faith means reasonable efforts to adhere to the policies, standards and rules of this mandatory source separation recycling program. Hazardous waste and hazardous substance mean those wastes or substances defined in Wis. Adm. Code. NR ch. 181, including all amendments provided thereto, as provided pursuant to Wis. Stats. § 291.01(7), or other acts pursuant to authority vested in the state department of natural resources to describe and list materials as "hazardous waste" or "hazardous substance" and also includes in the meaning of "hazardous waste" or "hazardous substance" as described in this definition those solid wastes or substances found in household waste, notwithstanding the household waste exclusion provided in Wis. Adm. Code. NR ch. 185. Lead-acid batteries means automotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry cell (flashlight) batteries or batteries used in calculators, watches, hearing aids or similar devices. Magazines means magazines and other materials printed on similar paper. Major appliance means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove. Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 3 of 11 Metal cans means tin coated steel cans, bimetal cans, and aluminum cans used for food and other nonhazardous materials but excluding aerosol cans or cans that held paint, paint-related products, pesticides or other toxic or hazardous substances. The term "bimetal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum. Multifamily dwelling means a residential dwelling place intended to be the residence of five or more independent family units. Municipality means a city, village or town located wholly or partly within the boundaries of the county. Newspaper means a newspaper and other materials printed on newsprint. Nonrecyclable material means all items of waste not recyclable except hazardous waste or hazardous substances. Nonresidential facilities and properties means commercial, retail industrial, institutional and governmental facilities and properties. This term does not include multifamily dwellings. Office paper means high grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. The term "office paper" does not include industrial process waste. Oversize and bulky waste means large items such as furniture, mattresses, carpeting, and other large items the proportions of which are not easily reduced or will not fit in the approved trash or recycling cart. It shall not include construction or demolition materials of substantial dimensions, or any yard waste material such as leaves, brush or garden plants. Person means any individual, corporation, organization, association, local governmental unit, as defined in Wis. Stats. § 66.0131(1), state agency or authority or federal agency. Plastic container means a molded plastic bottle made of one of the following materials: (1) HDPE means high-density polyethylene plastic containers marked by the SPI code No. 2. (2) LDPE means low-density polyethylene plastic containers marked by the SPI code No. 4. (3) Mixed or other plastic resin types means plastic containers marked by the SPI code No. 7. (4) PETE means polyethylene terephthalate plastic containers marked by the SPI code No. 1. (5) PP means polypropylene plastic containers marked by the SPI code No. 5. (6) PS means polystyrene plastic containers marked by the SPI code No. 6. (7) PVC means polyvinyl chloride plastic containers marked by the SPI code No. 3. Postconsumer waste means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Wis. Stats. § 291.01(7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Wis. Stats. § 289.01(17). Recyclable materials means lead-acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspapers; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and mixed or other plastic resin types; steel containers; waste tires; and bimetal containers. Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Wis. Stats. ch. 147, or source, special nuclear or byproduct material as defined under Wis. Stats. § 140.52. Solid waste facility means a facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 4 of 11 because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. The term "solid waste facility" includes the land where the facility is located. This term "solid waste facility" does not include the following: (1) Facilities for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal produce of scrap metal for sale or use for remelting purposes. (2) Facilities which use large machines to sort, grade, compact or bale clean wastepaper, fibers or plastics, not mixed with other solid waste, for sale or use for recycling purposes. (3) Auto junk or scrap metal salvage yards. Solid waste treatment means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. The term "treatment" includes incineration. Waste oil means any contaminated petroleum-derived or synthetic oil including, but not limited to, the following: (1) Engine and other mechanical lubricants; (2) Hydraulic and transmission fluid; (3) Metalworking fluid; and (4) Insulating fluid or coolant. Waste tires means a tire that is no longer suitable for its original purpose because of wear, damage or defect. Yard waste means leaves, grass clippings, yard and garden debris, including clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls. (Code 1986, § 11.04(3); Ord. No. 0-9-2023, § 1, 4-11-2023) Cross reference(s)—Definitions generally, § 1-2. Sec. 62-38. Administration. The provisions of this article shall be administered by the city clerk. (Code 1986, § 11.04(24)) Sec. 62-39. Enforcement. (a) Inspection. Any authorized officer, employee or representative of the city may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multifamily dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any resources relating to recycling activities, for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the city who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such inspection. (b) Violation. Any person who violates a provision of this article may be issued a citation by the police department to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance shall not preclude the issuance of a citation under this subsection. (c) Penalties. (1) Any person violating section 62-48 may be assessed as follows: Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 5 of 11 a. Forfeiture of $50.00 for a first violation; b. Second violation, $200.00; c. Not more than $2,000.00 for third or subsequent violation. (2) Any person who violates a provision of this article, except section 62-48, may be required to forfeit not less than $10.00 nor more than $1,000.00 for each violation. (Code 1986, § 11.04(20)) Sec. 62-40. Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with section 62-42 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions. (Code 1986, § 11.04(6)) Sec. 62-41. Preparation and collection of recyclable materials. (a) Except as otherwise directed by this article, occupants of single-family and two-unit to four-unit residences shall do the following for the preparation and collection of the separated materials specified in subsections 62- 42(5)—(15): (1) Newspapers or other materials printed on newsprint shall be dry, free of paper not normally included in the newspaper and not sunburnt and shall be tied in bundles of 12 inches or less or put in paper bags and placed next to the recycling bin. (2) Magazines or other materials printed on similar paper shall be dry and not sunburnt and shall be bundled or put in paper bags and placed next to the recycling bin. (3) Office paper shall be dry and not sunburnt and shall be bundled or put in paper bags and placed next to the recycling bin. (4) Corrugated paper or other container board shall be flattened, empty and free of food debris and other contaminating material and shall be bundled and placed next to the recycling bin. (5) Glass containers shall be empty, clean and free of metal caps and rings, and other contaminants such as window glass, drinking glasses, ceramics and similar materials. (6) Bimetal containers and steel containers shall be empty with ends removed and flattened where possible, and clean with labels removed. (7) Aluminum containers shall be empty, flattened and clean. (8) Plastic containers shall not be tied, and shall be empty, clean, flattened and have caps removed. (9) Foam polystyrene packaging shall be flattened, free of debris and other contaminating material, bundled and placed next to the recycling bin. (10) Waste tires shall be removed from rims and placed at curb. (b) Additional preparation standards may be provided by notice to generators of waste and collectors/haulers or by amendment to this section when other materials become recyclable dependent upon available economic markets. (Code 1986, § 11.04(7)) Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 6 of 11 Sec. 62-42. Separation of recyclable materials. Occupants of single-family and two-unit to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste: (1) Lead-acid batteries. (2) Major appliances. (3) Waste oil. (4) Yard waste. (5) Aluminum containers. (6) Bimetal containers. (7) Corrugated paper or other container board. (8) Foam polystyrene packaging. (9) Glass containers. (10) Magazines or other materials printed on similar paper. (11) Newspapers or other materials printed on newsprint. (12) Office paper. (13) Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and mixed or other plastic resin types. (14) Steel containers. (15) Waste tires. (Code 1986, § 11.04(8)) Sec. 62-42 Separation of Recyclable Materials. Occupants of single family and 2-to-4-unit residences, multiple- family dwellings and non-residential facilities and properties shall separate the following materials from postconsumer waste: 1) Lead acid batteries 2) Major appliances 3) Waste oil 4) Yard waste 5) Aluminum containers 6) Bi-metal containers 7) Corrugated paper or other container board 8) Foam polystyrene packaging 9) Glass containers 10) Magazines 11) Newspaper 12) Office paper 13) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins 14) Steel containers 15) Waste tires Sec. 62-43 Separation Requirements Exempted. The separation requirements of s. 1.11 do not apply to the following: 1) Occupants of single family and 2-to-4-unit residences, multiple-family dwellings and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 7 of 11 of Natural Resources that recovers the materials specified in s. 1.11 from solid waste in as pure a form as is technically feasible. 2) Solid waste which is burned as a supplement fuel at a facility if less than 30 % of the heat input to the facility is derived from the solid waste burned as supplement fuel. 3) A recyclable material specified in s. 1.11(5) through (15) for which a variance has been granted by the Department of Natural Resources under s. 287.11(2m), Wis. Stats., or s. NR 544.14, Wis. Adm. Code. Sec. 62-434. Management of lead-acid batteries, major appliances, waste oil and yard waste. Occupants of single-family and two-unit to four-unit residences, multifamily dwellings, and nonresidential facilities and properties shall manage lead-acid batteries, major appliances, waste oil, and yard waste as follows: (1) Lead-acid batteries. A list of places that accept lead-acid batteries shall be available at city hall. (2) Major appliances. Residents may contact any refuse hauler to take major appliances. (3) Waste oil. Waste oil may be taken to Speed Lube, 1108 Highway 51/138 during their regular working hours, or residents may contact city hall to obtain other places in the county where waste oil is accepted. (4) Yard waste. Yard waste may be left on the resident's lawn or you may start a home compost pile or take to the city garage. (Code 1986, § 11.04(9)) Sec. 62-44. Responsibilities of owners or designated agents of multifamily dwelling. Owners or designated agents of multifamily dwellings shall do all of the following for recycling the materials specified in subsections 62-42(5)—(15): (1) Provide adequate, separate containers for recyclable materials. (2) Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program. (3) Provide for the collection of materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility. (4) Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation and a contact person or company, including a name, address and telephone number. (Code 1986, § 11.04(10)) Sec. 62-45 Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings. 1) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in s. 1.11(5) through (15): a) Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met: i. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit. ii. The ratio of trash container volume to recycling container volume is at most 2:1. iii. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility. b) Notify tenants in writing at the time of renting or leasing the dwelling and at least semi -annually thereafter about the established recycling program. Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 8 of 11 c) Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility. d) Notify tenants which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site. 2) The requirements specified in 1) do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 1.11(5) through (15) from solid waste in as pure a form as is technically feasible. Sec. 62-456. Exemptions. The requirements specified in section 62-445 do not apply to the owners or designated agents of multifamily dwellings if the postconsumer waste generated within the dwellings is treated at a processing facility licensed by the state department of natural resources that recovers for recycling the materials specified in subsections 62-42(5)— (15) from solid waste in as pure a form as is technically feasible. (Code 1986, § 11.04(11)) Sec. 62-47 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties. 1) Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in s. 1.11(5) through (15): (a) Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility. (b) Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program. (c) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility. (d) Notify users, tenants and occupants which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site. 2) The requirements specified in 1) do not apply to the owners or designated agents of non-residential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 1.11 (5) through (15) from solid waste in as pure a form as is technically feasible. Sec. 62-458. Exemptions. The requirements specified in section 62-445 do not apply to the owners or designated agents of multifamily dwellings if the postconsumer waste generated within the dwellings is treated at a processing facility licensed by the state department of natural resources that recovers for recycling the materials specified in subsections 62-42(5)— (15) from solid waste in as pure a form as is technically feasible. (Code 1986, § 11.04(11)) Sec. 62-46. Responsibilities of owners or designated agents of nonresidential facilities and properties. (a) Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in subsections 62-42(5)—(15): (1) Provide adequate, separate containers for the recyclable materials. Created: 2026-08-05 14:38:24 [EST] (Supp. No. 73) Page 9 of 11 (2) Notify in writing, at lease semiannually, all users, tenants and occupants of the properties about the established recycling program. (3) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility. (4) Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operations and a contact person or company, including a name, address and telephone number. (b) The requirements specified in subsection (a) of this section do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the state department of natural resources that recovers for recycling the materials specified in subsections 62-42(5)—(15) from solid waste in as pure a form as is technically feasible. (Code 1986, § 11.04(12)) Sec. 62-479. Prohibited practices in collection and handling of recyclables. No person or other entity generating waste within the municipality shall do any of the following: (1) Mix or permit intermixing of recyclable and nonrecyclable materials intended for collection by a collector/hauler or intended to be processed at a material recycling facility unless good faith to recycle is shown. (2) Deposit or cause to be deposited any recyclable material at any authorized collection point when the site is closed or not operating. (3) Deposit or cause to be deposited any recyclable material in or upon any public street, public waters or public grounds in the municipality except at authorized locations within appropriate packaging or placed into appropriate containers during specifically authorized collection periods if any are provided. (4) Deposit or cause to be deposited any recyclable material in any container not specifically intended for the collection of that type or group of recyclable material. (5) Deposit or cause to be deposited any nonrecyclable material in any container specifically intended for the collection or deposit of recyclable material. (Code 1986, § 11.04(13)) Sec. 62-4850. Prohibitions on disposal of recyclable materials Prohibitions on Disposal of Recyclable Materials Separated for Recycling. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in subsections 62-42(5) through 62-42(15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. (Code 1986, § 11.04(14)) Sec. 62-4951. Separation requirements exempted. The separation requirements of sections 62-42 do not apply to the following: (1) Occupants of single-family and two-unit to four-unit residences, multifamily dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility Created: 2026-08-05 14:38:25 [EST] (Supp. No. 73) Page 10 of 11 licensed by the state department of natural resources that recovers the materials specified in section 62- 42 from solid waste in as pure a form as is technically feasible. (2) Solid waste which is burned as a supplemental fuel at a facility if less than 30 percent of the heat input to the facility is derived from the solid waste burned as supplemental fuel. (3) A recyclable material specified in section 62-42 for which a variance or exemption has been granted by the state department of natural resources under Wis. Stats. §§ 287.07, 287.11 or Wis. Adm. Code. NR § 544.14. (5) through 62-42 (15) for which a variance has been granted by the Department of Natural Resources under s. 287.11(2m), Wis. Stats., or s. NR 544.14, Wis. Adm. Code. (Code 1986, § 11.04(15)) Sec. 62-502. Anti-scavenging provision. Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection. All recyclable materials placed for collection pursuant to this article shall thereupon become the property of the municipality, or, the municipality's authorized agent, or, a private collector/hauler whom persons in the municipality have contracted to perform functions pursuant to the recycling plan provided in this article. Only persons authorized by the municipality or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided. (Code 1986, § 11.04(16)) Sec. 62-513. Fencing for dumpsters. Three or more unit apartment buildings shall provide a six-foot high fence with four sides, accessible by a gate, for dumpsters. (Code 1986, § 11.04(17)) Sec. 62-54. Enforcement. 1) For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the City of Stoughton may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and non-residential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the City of Stoughton who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection. 2) Any person who violates a provision of this ordinance may be issued a citation by the City of Stoughton to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph. 3) Penalties for violating this ordinance may be assessed as follows: (a) Any person who violates 62-50 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more then $2000 for a third or subsequent violation. (b) Any person who violates a provision of this ordinance, except 62-50, may be required to forfeit not less than $10 or more than $1000 for each violation. Created: 2026-08-05 14:38:25 [EST] (Supp. No. 73) Page 11 of 11 Dates Council Adopted: Mayor Approved: Tim Swadley, Mayor Published: Attest: Candee Christen, City Clerk