Common-Council-Meeting-Agenda-Packet-Revised-9-15-2026.pdf

RE VISEDG.5. The YouTube channel "City of Franklin WI" will be live streaming the Common Council meeting so that the public will be able to view and listen to the meeting. https://www .youtube.com/c/CityofFranklinWIGov CITY OF FRANKLIN COMMON COUNCIL MEETING* FRANKLIN CITY HALL - COMMON COUNCIL CHAMBERS 9229 WEST LOOMIS ROAD, FRANKLIN, WISCONSIN AGENDA TUESDAY, SEPTEMBER 15, 2026 AT 6:30 P.M. A. Call to Order and Roll Call. B. Citizen Comment Period. C. Approval of Minutes: Regular Common Council Meeting of September 1, 2026. D. Hearings. E. Organizational Mayoral Commission Appointment: Cathleen Richard, 10252 W. Deerwood Ln., Ald. Dist. 6-Board of Water Commissioners, 5 year unexpired term expiring 09/30/30. F. Letters and Petitions. 5. 4. ** G. Reports and Recommendations: 1. A Resolution for Acceptance of a Public Utility Easement, Water Main Easement, and Sanitary Sewer Easement at the future property of the Poths General Development ­ Initech, LLC located at 7154 South 76 Street. 2. A Resolution authorizing certain officials to execute a Storm Water Facilities Maintenance Agreement and Storm Water Access Easement with Initech, LLC at Poths General Development at 7154 South 76 Street. 3. A Resolution authorizing certain officials to execute a Development Agreement with LXL PG Apartments LLC for Poths General Development, Located at 7154 South 76h Street. A Resolution to approve Amendment 13 to Task Order No. 5 in the amount of $45,700.00 to Ruekert & Mielke, Inc. A Resolution Conditionally Approving a Two-Lot Certified Survey Map, a Redivision of a Part of Lot 2 of Certified Survey Map No. 9716, being a Part of the Southeast ' and Northeast ¼ of the Southwest ¼ of Section 8, Town 5 North, Range 21 East, City of Franklin, Milwaukee County, Wisconsin (Midland Comm ercial Development Corp., Property Owner) (7765 S. Lovers Lane Road). Common Council Meeting Agenda September 15, 2026 Page 2 6. A Resolution Authorizing the City of Franklin Fire Department to Participate in a Regional Assistance to Firefighters Grant Application for Replacement Personal Protective Equipment. 7. Presentation of the Mayor's 2027 Recommended Budget. 8. Irish Cottageof FranklinLLCvs.Cityof Franklin,Milwaukee County Circuit Court, Case No. 2026CV008008. The Common Council may enter closed session pursuant to Wis. Stat. § 19.85(1)(g), to confer with legal counsel for the Common Council who is rendering advice concerning strategy to be adopted by the body with respect to the subject litigation, and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate. H. Licenses and Permits: License Committee Meeting of September 15, 2026. I. Bills. Request for Approval of Vouchers and Payroll. J. Adjournment. *SupportingdocumentationanddetailsoftheseagendaitemsareavailableatCityHallduring normalbusinesshours. [Note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information, contact the City Clerk's office at (414) 425-7500.] REMINDERS: 6:30 p.m. 6:00 p.m. 6:30 p.m. 7:00 a.m.-8:00 p.m. 6:30 p.m. 6:00 p.m. October 6 Common Council October 8 Plan Commission October 20 Common Council November 3 General Election November 4 Common Council November 5 Plan Commission 0,CITY OF FRANKLIN COMMON COUNCIL MEETING SEPTEMBER 1, 2026 MINUTES ROLL CALL A. RAWSON PUB B.l . PROCLAMATION CITIZEN COMMENT B.2. MINUTES C. AUGUST 18, 2026 CONSENT AGENDA G.l. RES. NO. 2026-8519 G.1.(a) 2026 DPH LPHD CONTRACT RES. NO. 2026-8520 G.l.(b) TUBERCULOSIS DISPENSARY PROGRAM POPULATION G.l. (c) ESTIMATE RETAINING WALL 6860 G.l. (d) W. WILD FLOWER CT. FENCE 9378 S. G.l. (e) PARKSIDE LANE LIONESS FOUNDATION G.1.(@) DONATION The regular meeting of the Franklin Common Council was held on September 1, 2026, and was called to order at 6:30 p.m. by Mayor John R. Nelson in the Franklin City Hall Council Chambers, 9229 W. Loomis Road, Franklin, Wisconsin. On roll call, the following were present: Alderman Johnson, Alderwoman Eichmann, Alderman Hasan, Alderwoman Kresovic, Alderman Salous, and Alderwoman Kenney. Also in attendance were Director of Administration Kelly Hersh, City Attorney Jesse A. Wesolowski, City Attorney Christina Lucchesi and City Clerk Shirley Roberts. Mayor Nelson Presented a Proclamation in Recognition of Rawson Pub for its 40Years in Business. Citizen comment period was opened at 6:37 p.m. and was closed at 6:57 p.m. Alderwoman Eichmann moved to approve the minutes of the Common Council meeting of August 18, 2026, as presented. Seconded by Alderman Hasan. All voted Aye; motion carried. Alderman Hasan moved to approve the following consent agenda items: Approve Resolution No. 2026-8519, A RESOLUTION AUTHORIZING FRANKLIN DIRECTOR OF HEALTH AND HUMAN SERVICES TO ACCEPT AND EXECUTE THE GRANT AGREEMENT MODIFICATION FOR THE 2026 DPH LPHD CONSOLIDATED CONTRACT; and Approve Resolution No. 2026-8520, A RESOLUTION AUTHORIZING FRANKLIN DIRECTOR OF HEALTH AND HUMAN SERVICES TO ACCEPT AND EXECUTE THE GRANT AGREEMENT FOR THE TUBERCULOSIS (TB) DISPENSARY PROGRAM; and Place on file the Wis. Dept. of Administration January 1, 2026 population estimate of 37,195. Item removed per the City Engineer. Item removed per the City Engineer. Accept a $300.00 public donation from the Franklin Lioness Foundation and apply this to the Automated External Defibrillators (AED's) in the City of Franklin Parks Program. Common Council Meeting September 1, 2026 Page 2 WPUETZRD. PATHWAY G.2. PROJECT RES. NO. 2026-8521 G.3. LEO COTTAGES DEVELOPMENT AGREEMENT 2026 ENGINEERING G.4. DEPARTMENT UPDATE RES. NO. 2026-8522 G.5. CAR WASH 6311 $ 27F ST RES. NO. 2026-8523 G.6. CONDITIONAL USE FOR A STORAGE FACILITY 5160 W RYAN RD RES. NO. 2026-8524 G.7. TAX INCREMENTAL DISTRICTNO. 10 AGREEMENT Approval of all the above consent agenda items was seconded by Alderwoman Kresovic. All voted Aye; motion carried. Alderwoman Eichmann moved to proceed with option No. 4 to cancel the project. Seconded by Alderman Johnson. On roll call, all voted Aye. Motion carried. Alderman Hasan moved to adopt Resolution No. 2026-8521, A RESOLUTION AUTHORIZING CERTAIN OFFICIALS TO EXECUTE A DEVELOPMENT AGREEMENT FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS WITH ADVENIR AZORA DEVELOPMENT, LLC [OR AN AFFILIATE THEREOF, FRANKLIN SFR OWNER, LLC]- LEO COTTAGES 7705 S. 31STSTREET (TKN 786-9988-000), 7631 S. 31STSTREET (TKN 786-9987-000), AND 7721 S. 31°T STREET (TKN 786­ 9992-000) FRANKLIN, WI. Seconded by Alderwoman Kenney. All voted Aye; motion carried. This report is for informational purposes only. No formal action is required. Alderman Hasan moved to adopt Resolution No. 2026-8522, A RESOLUTION IMPOSING CONDITIONS AND RESTRICTIONS FOR THE APPROVAL OF A CONDITIONAL USE FOR A CAR WASH BUSINESS USE UPON PROPERTIES LOCATED AT APPROXIMATELY 6311 S. 27TH STREET (JUSTIN BARNES, CLUB CAR WASH OPERATING, LLC, APPLICANT) (COLLEGE AVENUE ASSOCIATES, LLC, PROPERTY OWNER). Seconded by Alderman Salous. All voted Aye; motion carr ied. Alderwoman Kresovic moved to adopt Resolution No. 2026-8523, A RESOLUTION IMPOSING CONDITIONS AND RESTRICTIONS FOR THE APPROVAL OF A CONDITIONAL USE FOR A SELF-SERVICE STORAGE FACILITY USE UPON PROPERTY LOCATED AT 5160 W. RYAN ROAD (TKN 882­ 9002-000), (5100, LLC, PROPERTY OWNER & APPLICANT). Seconded by Alderwoman Kenney. All voted Aye; motion carried. Alderwoman Eichmann moved to adopt Resolution No. 2026-8524, A RESOLUTION AUTHORIZING CERTAIN OFFICIALS TO EXECUTE A TAX DEVELOPMENT AGREEMENT ASSIGNMENT, SUBORDINATION AND STANDSTILL AGREEMENT OF THE INCREMENTAL DISTRICT NO. 10 DEVELOPMENT AGREEMENT, BETWEEN THE CITY OF FRANKLIN, LXL PG APARTMENTS, LLC (BORROWER) Common Council Meeting September 1, 2026 Page 3 CIVIC CELEBRATIONS G.8. COMMISSION FINANCIAL OPERATIONS 2026 QUARTERLY G.9. FINANCIAL REPORT RES. NO. 2026-8525 G.10. DESIGNATING CHECK SIGNATURES ORD. NO. 2026-2748 G.11. AMEND ORD. 2025-2712 PROVIDE FUNDS FOR SOLAR INVESTMENT TAX CREDITS RES. NO. 2026-8526 G.12. ADDITIONAL STATEMENT OF WORK AND CIBC BANK USA (AGENT), FOR THE REDEVELOPMENT PROJECT NAMED POTH'S GENERAL (PROJECT), and to effect such developments, including the terms and provisions of said development agreements. Seconded by Alderman Hasan. On roll call, all voted Aye. Motion carried. Alderwoman Kresovic moved to approve to Boards, Commissions, and Committees Financial Controls Policy and the Civic Celebrations Financial and Administrative Controls Policy as presented; direct Administration and Finance to implement reasonable procedures consistent with the policies; complete the 2026 Civic Celebrations financial reconciliation; develop a methodology for identifying and budgeting the full annual City cost of the Independence Celebration; evaluate appropriate Civic Celebrations Fund balance/reserve practices and lawful collaboration with the Tourism Commission, Engage Franlkin, and other part ners; and return to the Common Council with any additional recommendations or approvals required before final 2027 Civic Celebrations spending authority is granted. Seconded by Alderwoman Eichmann. All voted Aye; motion carried. Alderman Hasan moved to receive and place on file. Seconded by Alderwoman Eichmann. All voted aye; motion carried. Alderwoman Kresovic moved to adopt Resolution No. 2026-8525, A RESOLUTION DESIGNATING SIGNATURES FOR CHECKS AND ORDERS PURSUANT TO SECTION 66.0607 WISCONSIN STATUTES. Seconded by Alderwoman Kenney. All voted Aye; motion carried. Alderman Hasan moved to adopt Ordinance No. 2026-2748, AN ORDINANCE TO AMEND ORDINANCE 2025-2712, AN ORDINANCE ADOPTING THE 2026 ANNUAL BUDGET FOR THE GENERAL FUND TO TRANSFER $19,500 OF CONTINGENCY APPROPRIATIONS FOR PROFESSIONAL SERVICES NECESSARY TO CLAIM THE FEDERAL SOLAR INVESTMENT TAX CREDITS. Seconded by Alderwoman Kresovic. On roll call, all voted Aye. Motion carried. Alderwoman Eichmann moved to adopt Resolution No. 2026-8526, A RESOLUTION TO AUTHORIZE CERTAIN OFFICIALS TO EXECUTE AN ADDITIONAL STATEMENT OF WORK WITH CLIFTONLARSONALLEN LLP FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION AND FILING OF THE CITY'S FEDERAL SOLAR INVESTMENT TAX Common Council Meeting September 1, 2026 Page 4 CLOSED SESSION JPM ACOUSTICS AGREEMENT G.16. CREDIT RETURN AND RELATED FORMS. Seconded by Alderwoman Kenney. All voted Aye; motion carried. Alderman Hasan moved to enter closed session at 7:47 p.m. pursuant to Wis. Stat. §19.85(1)(g), to confer with legal counsel for the Common Council who is rendering advice concerning strategy to be adopted by the body with respect to the subject claims and litigation and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate. Seconded by Alderwoman Kresovic. On roll call, all voted Aye. Motion Carried. Mayor Nelson called a recess at 7:48 p.m. Mayor Nelson reconvened at 7:59 p.m. Upon reentering open session at 8:19 p.m., Alderman Hasan moved to proceed as discussed in closed session. Seconded by Alderwoman Eichmann. All voted Aye; motion carried. No action taken. Alderwoman Kresovic moved to enter closed session at 8:20 p.m. pursuant to Wis. Stat. §19.85(1)(e), for market competition and bargaining reasons, to deliberate and consider terms relating to the Cell Towers Communications Facilities Providers Lease Agreements with the City of Franklin and the Franklin Water Utility, the investing of public funds and governmental actions in relation thereto, including the terms and provisions thereof, and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate. Seconded by Alderman Johnson. On roll call, all voted Aye. Motion Carried. Upon reentering open session at 8:28 p.m., Alderman Hasan moved to proceed as discussed in closed session. Seconded by Alderwoman Eichmann. All voted Aye; motion carried. Alderwoman Kenney moved to enter closed session at 8:30 p.m. pursuant to Wis. Stat. §19.85(1)(e), for market competition and bargaining reasons, to deliberate and consider terms relating to the Agreement Between the City of Franklin and JPM Acoustics Noise Vibration and a potential Amendment thereto, the investing of public funds and governmental actions in relation thereto, including the terms and provisions thereof, and to reenter open session at the same place thereafter to act on such matters discussed therein as it CLOSED SESSION G.13. VHPVR,LLC • CITYOF FRANKLIN PLEASANTVIEW G.14. RESERVE REPAIRS PROJECT CLOSED SESSION G.15. CELL TOWERS COMMUNICATIONS FACILITIES PROVIDERS LEASE AGREEMENTS Comm on Council Meeting September 1, 2026 Page 5 MISCELLANEOUS LICENSES VOUCHERS AND PAYROLL ADJOURNMENT H. I. J. deems appropriate. Seconded by Alderwoman Kresovic. On roll call, all voted Aye. Motion carried. Upon reentering open session at 8:37 p.m ., Alderwoman Kenney moved to proceed as discussed in closed session. Seconded by Alderman Hasan. All voted Aye; motion carried. Alderwoman Kenney moved to approve the following licenses of the License Committee Meeting of September 1, 2026. Grant Extraordinary Entertainment & Special Event License pending inspections to ROC Ventures F rost Fest 2026, Person in Charge: Carinn Hoffman, Location: 7035 S Ballpark Dr. - Franklin Field, Dates of 2026 Event: 11/ 19, 11/20, 11/21, 11/22, 11/25, 11/2 7, 11/28, 11/29, 12/3, 12/4, 12/5, 12/6, 12/10, 12/11, 12/12, 12/13, 12/17, 12/18, 12/19, 12/20, 12/21, 12/22, 12/23, 12/24, 12/26, and 12/27; Grant New 2026-2027 Operator License to: Tiffany Burger, Cambrya Krukowski, Robin Rozinski; Grant Temporary Class "B Beer & Class "B" Wine License to Franklin Public Library Foundation - Author Visit with Jane Hamilton Literary Fundraiser, Person in Charge: Jennifer Loeffel, Location: Franklin Public Library - 9151 W Loomis Rd, Date of Event: 9/25/26; Seconded by Alderman Johnson. All voted Aye; motion carried. Alderw oman Kresovic moved to approve City vouchers with an ending date of August 27, 2026 in the amount of $1,977,759.27, and payroll dated August 21, 2026 in the amount of $496,153.30 and payments of the various payroll deductions in the amount of $579,227.88 plus City matching payments, and estimated payroll dated September 4, 2026 in the amount of $486,000 and payments of the various payroll deductions in the amount of $275,000, plus City matching payments. Seconded by Alderwoman Eichm ann. On roll call, all voted Aye. Motion carried. Alderwoman Kenney moved to adjourn the meeting of the Comm on Council at 8:40 p.m . Seconded by Alderwoman Kresovic. All voted Aye; motion carried. BLANKPAGE APPROVAL ORGANIZATIONAL BUSINESS REQUESTFOR COMMON COUNCILACTION MayoralBoardandCommissionAppointment MEETING DATE 9-15-26 ITEM NUMBER E. Cathleen Richard, 10252 W. Deerwood Ln., Ald. Dist. 6-Board of Water Commissioners, 5 year unexpired term expiring 09/30/30. COUNCILACTIONREQUESTED Motion to confirm the following Mayoral Appointment: Cathleen Richard, 10252 W. Deerwood Ln., Ald. Dist. 6-Board of Water Commissioners, 5 year unexpired term expiring 09/30/30. ROLLCALLVOTE CLERK.DEPT BLANKPAGE APPROVAL Report s & Recommendations REQUESTFOR COUNCILACTION AResolutionforAcceptanceofaPublicUtilityEasement,WaterMain Easement,andSanitary SewerEasementatthefuturepropertyofthe PothsGeneralDevelopment- Initech,LLClocatedat7154South76h Street MTG.DATE 9/15/2026 ITEMNO. 9.1.Aid.Dist.#5 BACKGROUND Pursuant to the approval of the site plan by staff on July 15, 2026, at the future site of the Poths General development, an easement is required to construct, maintain, and operate water main and sanitary sewer facilities. It is necessary to install an easement to include the water main and sanitary sewer on the property located at the future site of the development at 7154 S. 76 S t. The water main facilities on this site include a public water main, valves, hydrants and all appurtenances related to the water main, and the sanitary sewer system includes all public sanitary pipe, manholes and all appurtenances related to the sanitary. ANALYSIS It is recommended that the Common Council authorize the Mayor and City Clerk to sign said public utility easement, water main easement, and sanitary easement, and have it recorded with the Register of Deeds for Milwaukee County. FISCALNOTE As discussed and approved at the March 19, 2024 Common Council meeting, this easement follows the new water main and sanitary sewer easement templates. The City is responsible for maintenance of pipe, fittings, valves, hydrants, manholes and all other water and sanitary appurtenances and costs will be charged to the propert y owner. The property owner is responsible for all restorations to the surface. RECOMMENDATION Motion to adopt Resolution No. 2026 - a resolution for acceptance of a public utility, water main and sanitary easement at the future site of the Poths General Development at 7154 S. 76 st. contingent upon all potential changes and all necessary signatures to be approved by the City Engineer and City Attorney. Engineering Department: KAW STATE OF WISCONSIN: CITY OF FRANKLIN: MILWAUKEE COUNTY RESOLUTION NO. 2026­ A RESOLUTION TO ACCEPT A PUBLIC UTILITY, WATER MAIN, AND SANITARY SEWER EASEMENT FROM INITECH, LLC AT POTHS GENERAL DEVELOPMENT LOCATED AT 7154 SOUTH 76"" STREET FRANKLIN, WI. WHEREAS, an easement is required to construct, maintain and operate public sanitary sewer and water main for the development of Poths General; and WHEREAS, Initech, LLC., Grantor, has agreed to grant the City a perpetual, non­ exclusive easement; and WHEREAS, the approval is contingent upon any potential changes to be approved by the City Engineer and City Attorney and all necessary signatures. NOW, THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of Franklin that it would be in the best interest of the City to accept such Public Utility, Water Main and Sanitary Sewer Easement Agreement, and, therefore, the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City. BE IT FURTHER RESOLVED, that the City Clerk be and the same is hereby directed to obtain the recording of the Public Utility, Water Main and Sanitary Sewer Easement in the Office of the Register of Deeds for Milwaukee County, Wisconsin. Introduced at a regular meeting of the Common Council of the City of Franklin the day of , 2 ) 26, by Alderman PASSED AND ADOPTED by the Common Council of the City of Franklin on the day of , 2026. APPROVED: John R. Nelson, Mayor ATTEST: Shirley J. Roberts, City Clerk AYES NOES ABSENT DOCUMENT NO. PUBLIC UTILITY EASEMENT AGREEMENT G-1 n us SPACE RESERVED FOR RECORDING DATA NAME AND RETURN ADDRESS Initech, LLC Attn: Land By Label LLC 638 Milwaukee St. Delafield, WI 53018 Parts of 756-9993-021; 756-9993- 016; 756-9993-012 Parcel Identification Numbers PUBLICUTILITYEASEMENT Poths General 7154 S 76 Street, Franklin, WI 53132 PART OF 756-9993-021, 756-9993-016 and 756-9993-012 THIS INDENTURE, made this day of 2 026 by and between the CITY OF FRANKLIN, a municipal corporation of the State of Wisconsin, hereinafter referred to as "City," and Initech, LLC , a Wisconsin LLC, owner, (including heirs, executors, administrators, successors and assigns of above owner(s) as may be or may become applicable), hereinafter called "Grantor," (If more than one grantor is listed above, said language herein referring thereto shall be interpreted in the plural and refer jointly and severally to such grantors). WITNESSETH WHEREAS, Grantor is the owner and holder of record Title to certain real property described on Exhibit"A"which is attached hereto and incorporated herein (the "Property");and WHEREAS, the City desires to acquire a permanent easement with the right of entry in and across the property hereinafter described with the right to build and construct and/or operate, maintain, repair, enlarge, reconstruct, relocate and inspect as may be or may become applicable the following facilities and appurtenances thereto, hereinafter called "Facilities," in, upon and across said portion of the property; a water main and sanitary sewer line, including pipe, fittings, valves, hydrants and other water and sanitary sewer appurtenances, all as shown within the easement areas attached hereto as Exhibit"B";and WHEREAS, the initial construction, installation, permitting, and payment for construction inspection services of the Facilities shall be made by Grantor at Grantor's expense and the Facilities shall be the property of the City and be deemed dedicated to the City upon the City's inspection and approval of the Facilities as installed, subject to the terms and conditions set fort h below: NOW, THEREFORE, in consideration of the grant of the easement hereinafter described and the payment of One Dollar ($1.00) and other valuable considerations to the Grantor, receipt whereof is hereby acknowledged, said Grantor, being the owner and person interested in the land hereinafter described does hereby grant unto the City a permanent easement in that part of the Northwest 1/4 of the Northwest 1/4 of Section Ten (10), Township Five (5) North, Range Twenty-one (21) East, in the City of Franklin, Milwaukee County, Wisconsin, more part icularly described on Exhibit "C" attached hereto (the "EasementAreas"). UPONCONDITION 1. That said Facilities shall be maintained and kept in good order and condition by the City, and/or its contractors. Responsibility for maintaining the ground cover and landscaping within the Easement Area shall be that of the Grantor (including heirs, executors, administrators, successors and assigns). 2. That in and during whatever construction, reconstruction, enlargement or repair work is or becomes necessary in constructing and/or maintaining of said Facilities, so much of the surface or subsurface of the property as may be disturbed will be backfilled by the City in substantially the same elevation as it was prior to such disturbance. Grantor shall be fully responsible for efforts and costs for replacing all turf, landscape and aesthetic plantings. However, the City shall save harmless the Grantor from any loss, damage, injury or liability resulting from negligence on the part of the City in connection with said work involved in constructing and/or maintaining of said Facilities; provided that if above loss, damage, injury or liability results from the joint negligence of parties hereto, then the liability therefore shall be borne by them in proportion to their respective degree of negligence; provided further, however, that these provisions are subject to the legal defenses which under law the City is entitled to raise excepting the defense of so-called "sovereign immunity." G-2 3. That no structure may be placed within the limits of the easement by the Grantor except that improvements such as walks, pavements for driveways, concrete curbs and parking lot surfacing may be constructed or placed within the Easement Area. 4. That, in connection with the construction by the grantor of any structure or building abutting said easement defined limits, the Grantor will assume all liability for any damage to the Facilities in the above described property. The Grantor will also save and keep the City clear and harmless from any claims for personal injuries or property damage caused by any negligence of the Grantor or person other than the Grantor, arising out of the construction by the Grantor of any structure or building abutting the said easement defined limits, and shall reimburse the City for the full amount of such loss or damage. 5. Charges will be made against said lands for the cost of maintenance or operation of said Facilities in the afore-described property pursuant to Chapter 5.12 of the "Rules and Regulations Governing Water Service". Costs shall be computed with actual City employee wages with benefits, materials used, rental equipment, and contractor invoices, if applicable. Payment for services are due within 30-days of invoice to Grantor and unpaid invoices are subject interest and penalties and past-due balances are also subject to adding to the annual tax bill for the subject parcels. 6. Whenever the Grantor makes application for a service connection, the regular and customary service connection charge in effect at the time of the application shall be charged and paid. The Grantor shall be responsible for the routine maintenance of land on which the easement is located. 7. All conditions pertaining to the "Maintenance of Water Service Piping" as set forth in Chapter 5.12 of the "Rules and Regulations Governing Water Service" and subsequent amendments thereto shall apply to all water services which are within the easement defined limits and also within the limits of any adjoining easements; except that the City of Franklin Water Utility, a utility owned by the City of Franklin shall in no case be responsible for maintaining at its expense any portion of said water services outside of the easement defined limits and outside the limits of any adjoining easements regardless of any statement to the contrary in said "Rules and Regulations Governing Water Service." 8. The Facilities shall be accessible for maintenance by the City at all times. The Grantor shall submit plans for approval to the City Engineer for any underground installation within the Easement Area, which approval shall not be unreasonably withheld, conditioned or delayed. 9. That the Grantor shall submit plans for all surface alterations of plus or minus 1 foot or greater within the limits of said easement. Said alterations shall be made only with the approval of the City Engineer of the City of Franklin, which approval shall not be unreasonably withheld, conditioned or delayed. I0. The City and Grantor shall each use, and take reasonable measures to cause their employees, officers, customers, agents, contractors and assigns to use, the Easement Area in a reasonable manner and so as not to obstruct or otherwise use the Easement Area in a manner that would unreasonably interfere with the use thereof by the other party hereto or its employees, officers, customers, agents, contractors and assigns. 11. The City and Grantor each hereby waives all rights of subrogation that either has or may hereafter have against the other for any damage to the Easement Area or any other real or personal property or to persons covered by such party's insurance, but only to the extent of the waiving party's insurance coverage; provided, however, that the foregoing waivers shall not invalidate any policy of insurance now or hereafter issued, it being hereby agreed that such a waiver shall not apply in any case which would result in the invalidation of any such policy of insurance and that each party shall notify the other if such party's insurance would be so invalidated. 12. Either party hereto may enforce this easement by appropriate action, and should it prevail in such litigation, that party shall be entitled to recover, as part of its costs, reasonable attorneys' fees. G-3 13. This easement may not be modified or amended, except by a writing executed and delivered by the City and Grantor or their respective successors and assigns. 14. No waiver of, acquiescence in, or consent to any breach of any term, covenant, or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further, or succeeding breach of the same or any other term, covenant, or condition. 15. If any term or provision of this easement shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this easement shall not be affected thereby, and each such remaining term and provision shall be valid and enforceable to the fullest extent permitted by applicable law. 16. This easement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 17. It is understood that in the event the Property may become portions of public streets; in which event, in the proceedings for the acquisition of the property needed for such streets by purchase, dedication or by condemnation, said lands shall be considered the same as though this easement had not been executed or any rights granted thereby exercised. 18. That the Grantor shall submit as-built drawings of the installed facilities for approval to the City Engineer, which approval shall not be unreasonably withheld, conditioned, or delayed. G-4 IN WITNESS WHEREOF, the Grantor has hereunto set its hands and seals ON THIS DATE OF: INITECH,LLC [j/ ,­ Ian B. Martin, Authorized Signatory STATE OF WISCONSIN COUNTY OF MILWAUKEE ss Before me personally appeared on the d ay of 2026, the above named Ian B. Martin, Authorized Signatory of Initech LLC (Name printed) (Title) (Development) to me known to be the person(s) who executed the foregoing EASEMENT and acknowledged the same as the voluntary act and deed of said corporation ) Notary Public ( My commission expires _ CITY OF FRANKLIN By: _ John R. Nelson, Mayor Shirley J. Roberts, City Clerk By: _ STATE OF WISCONSIN ss COUNTY OF MILWAUKEE ) On this day of , 2 0_ before me personally appeared John R. Nelson and Shirley J. Roberts who being by me duly sworn, did say that they are respectively the Mayor and City Clerk of Franklin, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and acknowledged that they executed the foregoing assignment as such officers as the deed of said municipal corporation by its authority, and pursuant to Resolution File No. a dopted by its Common Council on U . Notary Public _ ( My commission expires _ G-5 Exhibit A (Legal Description of the Property) Lot 1 Lot 1 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 Nort h, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. And Lot 2 Lot 2 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. G-6 Exhibit B (Depiction of the Easement Area) G-7 EXHIBIT _ POC I I I I LOT2 C.S M NO 30' PUBLIC UTILITY EASEMENT L a s' as s7 E 3000 uI g t, o t 3 {g8 EXISTING g g" BUILDING t i &,""z --N90"00'00"W 181 42-- n-i'.___S00"32'40"E 27 B6' - S89 27 20"W 30 oo· LOT4 CSM NO - LOT3 C.S M. NO. W.RAWSONAVENUE(C.T.H. BB) ----,-----1 EXISTING BUILDING LOT 1 CS M NO. ,---1 I I I ~ - - - --l j ::r:I i- l olE1w l LI ] er:I 5i:r:I 1- j er lH p 3CJ) I ­ I I I I I I I I I I I I I I I I I I I I I I I I I I PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTON AVE SUITE720 MILWAUKEE, WI 53203 I414 224-8068 GRAPHICAL SCALE {FEET) I I0 1"=120' Sheet lof 2 Date.July 20, 2026 )013# 419230 EXHIBIT---- POC 7 I I I I I LOT2 C.S M NO. S89'26'54"W 369 48' "'<O (0 "' W.RAWSONAVENUEKC.L. B) 1 1 r ' 1 I I Iill! 1 I 1A , 'I QI I 5II I N89:26'54"E 32 10' POBN20' 17'24"E 55 50' _J S70' 21'00"E 7 88' N70' 21'00"W 7 88' __.....- N20' 17'24"E 21 64' z"':"' - - - - - - - - - I r0 0 z lJJ go 0 0 C/J N46' 23'59"W 22 38' S87'27'47"W 15 47' PUBLIC UTILITY EASEMENT PINNACLEENGINEERING GROUP CHAPUT 'a9A.%%. GRAPHI CAL SCALE (FEET) I IO 1"= 120' Sheet2 o f 2 Da te: Ju ly 20 , 20 26 JOB # 4192.30 Exhibit C Legal Description of Easement Areas A 30' wide Public Utility Easement being part of Lot 1 and Lot 2 of Certified Survey Map No. 9770, as recorded in the Register of Deeds office for Milwaukee County as Document No. 11632754, located in the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin, which is bounded and described as follows: Commencing at a point on the east line of said Lot 1 of Cert ified Survey Map No. 9770; thence North 90°00'00" West, along the south line of said Lot 1, 181.42 feet to the Point of Beginning: thence South 89°27'20" East, 27.86 feet; thence South 89°27'20" West, 30.00 feet; thence North 00°32'40" West, 163.46 feet; thence Nort h 88°383 7° East, 30.00 feet; thence South 00°32740 East, 136.02 feet to the Point of Beginning. ALSO Together with and including lands for a Public Utility Easement hereinafter described; Commencing at the northeast corner of said Lot 2 of Certified Survey Map No. 9770; thence South 89°26'54" West, along the north line of said Lot 2, 369.48 feet to the Point of Beginning: thence South 20° 17' 24" West, 93.11 feet; thence South 00° 15 '45" East, 186.62 feet; thence South 87°27' 47 ° West, 15.47 feet; thence North 46°23 59" West, 22.38 feet; thence North 00°15'45° West, 217.14 feet; thence Nort h 20°172 4° East, 21.64 feet; thence North 70°210 0" West, 7.88 feet; thence North 20°17 24° East, 10.00 feet; thence South 70°21'00" East, 7.88 feet; thence North 20°17' 24" East, 55.50 feet; thence North 89 26'54 East, 32.10 feet to the Point of Beginning. G-8 G-9 DOCUMENT NO. WATER MAIN EASEMENT AGREEMENT G-1 THIS SPACE RESERVED FOR RECORDING DATA NAME AND RETURN ADDRESS Initech, LLC Attn: Land By Label LLC 638 Milwaukee St. Delafield, WI 530 I8 Parts of 756-9993-021; 756-9993­ 016; 756-9993-012 Parcel Identification Numbers WATERMAINEASEMENT Poths General 7154 S 76 Street, Franklin, WI 53132 PART OF 756-9993-021, 756-9993-016 and 756-9993-012 THIS INDENTURE, made this day of . 2 026 by and between the CITY OF FRANKLIN, a municipal corporation of the State of Wisconsin, hereinafter referred to as "City," and lnitech LLC , a Wisconsin LLC, owner, (including heirs, executors, administrators, successors and assigns of above owner(s) as may be or may become applicable), hereinafter called "Grantor," (If more than one grantor is listed above, said language herein referring thereto shall be interpreted in the plural and refer jointly and severally to such grantors). WITNESSETH WHEREAS, Grantor is the owner and holder of record Title to certain real property described on Exhibit"A"which is attached hereto and incorporated herein (the Property); and WHEREAS, the City desires to acquire a permanent easement with the right of entry in and across the property hereinafter described with the right to build and construct and/or operate, maintain, repair, enlarge, reconstruct, relocate and inspect as may be or may become applicable the following facilities and appurtenances thereto, hereinafter called "Facilities," in, upon and across said portion of the property; a water main, including pipe, fittings, valves, hydrants and other water appurtenances, all as shown on the plan attached hereto as Exhibit"B";and WHEREAS, the initial construction, installation, permitting, and payment for construction inspection services of the Facilities shall be made by Granter at Grantor's expense and the Facilities shall be the property of the City and be deemed dedicated to the City upon the City's inspection and approval of the Facilities as installed, subject to the terms and conditions set forth below: NOW, THEREFORE, in consideration of the grant of the easement hereinafter described and the payment of One Dollar ($1.00) and other valuable considerations to the Grantor, receipt whereof is hereby acknowledged, said Grantor, being the owner and person interested in the land hereinafter described does hereby grant unto the City a permanent easement in that part of the Northwest 1/4 of the Northwest 1/4 of Section Ten (I 0), Township Five (5) North, Range Twenty-one (21) East, in the City of Franklin, Milwaukee County, Wisconsin, more particularly described on Exhibit "Cc" attached hereto (the "Easement Area"). UPONCONDITION 1. That said Facilities shall be maintained and kept in good order and condition by the City, and/or its contractors. Responsibility for maintaining the ground cover and landscaping within the Easement Area shall be that of the Grantor (including heirs, executors, administrators, successors and assigns). 2. That in and during whatever construction, reconstruction, enlargement or repair work is or becomes necessary in constructing and/or maintaining of said Facilities, so much of the surface or subsurface of the property as may be disturbed will be backfilled by the City in substantially the same elevation as it was prior to such disturbance. Grantor shall be fully responsible for efforts and costs for replacing all pavements, turf, landscape, aesthetic plantings or other surface improvements. However, the City shall save harmless the Grantor from any loss, damage, injury or liability resulting from negligence on the part of the City in connection with said work involved in constructing and/or maintaining of said Facilities; provided that if above loss, damage, injury or liability results from the joint negligence of parties hereto, then the liability therefore shall be borne by them in proportion to their respective degree of negligence; provided further, however, that these provisions are subject to the legal defenses which under law the City is entitled to raise excepting the defense of so-called "sovereign immunity." G-2 3. That no structure may be placed within the limits of the easement by the Grantor except that improvements such as walks, pavements for driveways, concrete curbs and parking lot surfacing may be constructed or placed within the Easement Area. 4. That, in connection with the construction by the grantor of any structure or building abutting said easement defined limits, the Grantor will assume all liability for any damage to the Facilities in the above described property. The Grantor will also save and keep the City clear and harmless from any claims for personal injuries or property damage caused by any negligence of the Grantor or person other than the Grantor, arising out of the construction by the Grantor of any structure or building abutting the said easement defined limits, and shall reimburse the City for the full amount of such loss or damage. 5. Charges will be made against said lands for the cost of maintenance or operation of said Facilities in the afore-described property pursuant to Chapter 5.12 of the "Rules and Regulations Governing Water Service". Costs shall be computed with actual City employee wages with benefits, materials used, rental equipment, and contractor invoices, if applicable. Payment for services are due within 30-days of invoice to Grantor and unpaid invoices are subject interest and penalties and past-due balances are also subject to adding to the annual tax bill for the subject parcels. 6. Whenever the Grantor makes application for a service connection, the regular and customary service connection charge in effect at the time of the application shall be charged and paid. The Grantor shall be responsible for the routine maintenance of land on which the easement is located. 7. All conditions pert aining to the "Maintenance of Water Service Piping as set forth in Chapter 5.12 of the "Rules and Regulations Governing Water Service" and subsequent amendments thereto shall apply to all water services which are within the easement defined limits and also within the limits of any adjoining easements; except that the City of Franklin Water Utility, a utility owned by the City of Franklin shall in no case be responsible for maintaining at its expense any portion of said water services outside of the easement defined limits and outside the limits of any adjoining easements regardless of any statement to the contrary in said "Rules and Regulations Governing Water Service." 8. The Facilities shall be accessible for maintenance by the City at all times. The Grantor shall submit plans for approval to the City Engineer for any underground installation within the Easement Area, which approval shall not be unreasonably withheld, conditioned or delayed. 9. That the Grantor shall submit plans for all surface alterations of plus or minus 1 foot or greater within the limits of said easement. Said alterations shall be made only with the approval of the City Engineer of the City of Franklin, which approval shall not be unreasonably withheld, conditioned or delayed. 10. The City and Grantor shall each use, and take reasonable measures to cause their employees, officers, customers, agents, contractors and assigns to use, the Easement Area in a reasonable manner and so as not to obstruct or otherwise use the Easement Area in a manner that would unreasonably interfere with the use thereof by the other party hereto or its employees, officers, customers, agents, contractors and assigns. 11. The City and Grantor each hereby waives all rights of subrogation that either has or may hereafter have against the other for any damage to the Easement Area or any other real or personal property or to persons covered by such party's insurance, but only to the extent of the waiving party's insurance coverage; provided, however, that the foregoing waivers shall not invalidate any policy of insurance now or hereafter issued, it being hereby agreed that such a waiver shall not apply in any case which would result in the invalidation of any such policy of insurance and that each party shall notify the other if such party's insurance would be so invalidated. 12. Either party hereto may enforce this easement by appropriate action, and should it prevail in such litigation, that party shall be entitled to recover, as part of its costs, reasonable attorneys' fees. G-3 13. This easement may not be modified or amended, except by a writing executed and delivered by the City and Grantor or their respective successors and assigns. 14. No waiver of, acquiescence in, or consent to any breach of any term, covenant, or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further, or succeeding breach of the same or any other term, covenant, or condition. 15. If any term or provision of this easement shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this easement shall not be affected thereby, and each such remaining term and provision shall be valid and enforceable to the fullest extent permitted by applicable law. 16. This easement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 17. It is understood that in the event the Property may become portions of public streets; in which event, in the proceedings for the acquisition of the property needed for such streets by purchase, dedication or by condemnation, said lands shall be considered the same as though this easement had not been executed or any rights granted thereby exercised. 18. That the Grantor shall submit as-built drawings of the installed facilities for approval to the City Engineer, which approval shall not be unreasonably withheld, conditioned, or delayed. G-4 IN WITNESS WHEREOF, the Grantor has hereunto set its hands and seals ON THIS DATE OF: _ INITECH,LLC,aWisconsinlimitedliabilitycompany Company Name Name and Title By: _ _ Ian B. Martin, Authorized Signatory Name & Title Printed STATE OF WISCONSIN COUNTY OF MILWAUKEE ss Before me personally appeared on the _ day Of - 2026, the above named Ian B. Martin, Authorized Signatory of Initech, LLC (Name printed) (Title) (Development) to me known to be the person(s) who executed the foregoing EASEMENT and acknowledged the same as the voluntary act and deed of said corporation ) Notary Public ( My commission expires _ CITY OF FRANKLIN By:. _ John R. Nelson, Mayor By: _ STATE OF WISCONSIN ss COUNTY OF MILWAUKEE Shirley J. Roberts, City Clerk On this day of , 2 0_ before me personally appeared John R. Nelson and Shirley J. Roberts who being by me duly sworn, did say that they are respectively the Mayor and City Clerk of Franklin, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and acknowledged that they executed the foregoing assignment as such officers as the deed of said municipal corporation by its authority, and pursuant to Resolution File No. a dopted by its Common Council on _, 20_ . ) Notary Public _ ( My commission expires _ G-5 Exhibit A (Description of the Property) Lot 1 Lot I of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Cert ified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. And Lot 2 Lot 2 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. And Lot 4 Lot 4 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Cert ified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the No1i hwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. For informational purposes only: Property Address: PART OF 7154 South 76th Street, Franklin, WI 53132 Tax Key Number: PART OF 756-9993-021 (Parcel A), 756-9993-016 (Parcel B) and 756-9993-012 (Parcel C) G-6 Exhibit B (Depiction of the Facilities) G-7 Exhibit C (Legal Description of Easement Area) PERPETUALWATERMAINEASEMENT A Perpetual Watermain Easement being part of Lot 1, Lot 2 and Lot 4 of Certified Survey Map No. 9770, as recorded in the Register of Deeds office for Milwaukee County as Document No.11632754, located in the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin, which is bounded and described as follows: Commencing at the northwest corner of Lot 2 of Certified Survey Map No. 9770, said point also known as POC "A"; thence North 89°26'54" East along the north line of said Lot 2, 57.07 feet to the Point of Beginning of lands hereinafter described; thence continuing North 89°26' 54" East, 21.40 feet; thence South 20° 17' 24" West, 91.12 feet; thence South 00° 15'45" East, 204.99 feet; thence South 46°23'59" East, 5.34 feet; thence North 87°27' 47" East, 167.30 feet; thence North 87°28'45" East, 133.53 feet; thence South 02°31' 15" East, 20.00 feet; thence South 87°28'45" West, 123 .46 feet; thence South 02°52'22" East, 75.24 feet; thence South 01°56' 03" East, 191.62 feet; thence South 01°54'34" West, 56.00 feet, thence South 04°09'55" West, 94.69 feet; thence South 46°41'56" West, 17.91 feet; thence North 90°00'00" West, 2.98 feet; thence South 00°00'00" East, 21.50 feet; thence North 90°00'00" West, 10.00 feet; thence North 00°00'00" East, 21.50 feet; thence South 90°00'00" West, 597.58 feet; thence South 00°00'00" East, 27.00 feet; thence North 90°00'00" West, 10.00 feet; thence North 00°00'00" East, 27.00 feet; thence North 90°00'00" West, 65.37 feet; thence South 00°00'00" East, 62.58 feet; thence South 89°19'08" West, 28.63 feet; thence North 45°00'00" East, 12.20 feet; thence North 00°00'00" East, 77.89 feet; thence North 48°35' 27" West, 53.09 feet; thence North 00°28'42" West, 26.64 feet; thence North 88°50'48" East, 20.00 feet; thence South 00°28'42" East, 17.94 feet; thence South 48°35'27" East, 53.19 feet; thence South 00°00'00" East, 12.62 feet; thence North 90°00'00" East, 377.99 feet; thence North 00°01'22" West, 5.50 feet; thence North 89°58'38" East, 10.00 feet; thence South 00°01'22" East, 5.50 feet; thence North 90°00'00" East, 290.00 feet; thence North 46°41' 56° East, 2.19 feet; thence N01i h 04°09'55" East, 86.51 feet; thence North 01°54'34" East, 54.94 feet; thence North 01°56'03" West, 29.89 feet; thence South 88°03' 57" West, 4.24 feet; thence North 01°56'03" West, 10.00 feet; thence Nort h 88%03757 E ast, 4.24 feet; thence Nort h 01°56703° West, 150.89 feet; thence North 02°52'22" West, 75.20 feet; thence South 872 7'47 ° West, 165.87 feet; thence North 46°23' 59" West, 22.38 feet; thence North 00°15'45" West, 7.28 feet; thence North 90°00'00" West, 155.61 feet; thence South 00°00'00" East, 21.46 feet; thence North 90°00'00" West, 10.00 feet; thence N01i h 00°00'00" East, 21.46 feet; thence North 90°00'00" West, 371.67 feet; thence North 00°18'23" West, 20.00 feet; thence North 90°00'00" East, 537.30 feet; thence N01i h 00°15'45" West, 189.85 feet; thence North 20°17' 24" East, 21.55 feet; thence North 69°42'36" West, 7.88 feet; thence North 20°17' 24" East, 10.00 feet; thence South 70°21'00" East, 7.88 feet; thence North 20 17 24 East, 55.50 feet to the Point of Beginning. ALSO Together with and including lands for a Perpetual Waterm ain Easement hereinafter described; Commencing at the southeast corner of Lot 1 of Certified Survey Map No. 9770, said point also known as POC "B"; thence North 90°00'00" West along the south line of said Lot 1, 2.12 feet to the Point of Beginning; thence South 00°18'23" East, 8.47 feet; thence South 89°41'37" West, 10.44 feet; thence North 00°18'23" West, 10.00 feet; thence North 89%413 7 East, 10.44 feet; thence South 00°18'23" East, 1.53 feet to the Point of Beginning. G-8 G-9 DOCUMENT NO. SANITARY SEWER EASEMENT AGREEMENT H-1 THIS SPACE RESERVED FOR RECORDING DATA NAME AND RETURN ADDRESS Initech, LLC Attn: Land By Label LLC 638 Milwaukee St. Delafield, WI 53018 Parts of 756-9993-021; 756-9993-016;756-9993­ 012 Parcel Identification Numbers SANITARYSEWEREASEMENT POTHS GENERAL 7154 $ 76 Street, Franklin, WI 53132 PART OF 756-9993-021, 756-9993-016 and 756-9993-012 THIS EASEMENT is made this day of , 2 026 by and between the CITY OF FRANKLIN, a municipal corporation of the State of Wisconsin, hereinafter referred to as "City," and Initech, a Wisconsin LLC, as owner (including successors and assign's of the City as may become applicable including the heirs, executors, administrators, successors and assigns of above owner(s) as may be or may become applicable), hereinafter called "Grantor," (if more than one grantor is listed above, said language herein referring thereto shall be interpreted in the plural and refer jointly and severally to such grantors). WITNESSETH WHEREAS, Grantor is the owner and holder of record Title to certain real property particularly described on Exhibit "A"which is attached hereto and incorporated herein (the "Property");and WHEREAS, the City desires to acquire a non-exclusive easement with the right of entry in and across a portion of the property as the same is more particularly hereinafter described, with the right to build and construct and/or operate, maintain, repair, enlarge, reconstruct, relocate and inspect as may be or may become applicable the following facilities and appurtenances thereto, hereinafter collectively called the "Facilities," in, upon and across said port ion of the Property: a sanitary sewer, associated manholes, all as shown with the easement area attached hereto as Exhibit"B". NOW, THEREFORE, in consideration of the grant of the easement hereinafter described, the initial installation and maintenance of the Facilities by the Grantor, and the City, and the payment of One Dollar ($1.00) and other valuable considerations to the Grantor, the receipt whereof is hereby acknowledged, said Grantor, being the owner and person interested in the land hereinafter described, does hereby grant unto the City a perpetual, non-exclusive easement on that part of the Northwest ' of the Nort hwest ' of Section Ten (IO), Township Five (5), North, Range Twenty-one (21) East , in the City of Franklin, Milwaukee County, Wisconsin, more particularly described on Exhibit"C"attached hereto (the "EasementArea"). 1. That said Facilities shall be maintained and kept in good order and condition by the City, at the sole cost and expense of the City. Responsibility for maintaining the ground cover and landscaping within the Easement area shall be that of the Grantor (including heirs, executors, administrators, successors, and assigns.). 2. That in and during whatever construction, reconstruction, enlargement or repair work is or becomes necessary in constructing and/or maintaining of said Facilities, so much of the surface or subsurface of the Easement Area on the Property as may be disturbed will, at the expense of the City, be replaced in substantially the same condition as it was prior to such disturbance. However, the City shall indemnify and save harmless the Grantor from and against any loss, damage, claim, cost, injury or liability resulting from negligence or willful acts or omissions on the part of the City, its agents or employees in connection with said work involved in constructing and/or maintaining of said Facilities; provided that if the above loss, claim, cost, damage, injury or liability results from the joint negligence of parties hereto, then the liability therefore shall be borne by them in proportion to their respective degree of negligence; provided further, however, that these H-2 provisions are subject to the legal defenses available under law which the City or Grantor are entitled to raise, excepting the defense of so-called "sovereign immunity." 3. That no structure may be placed within the limits of the Easement Area by the Grantor except that improvement such as walks, pavements for driveways, concrete curb and parking lot surfacing and landscaping may be constructed or placed with the Easement Area. 4. That, in connection with the construction by the Grantor of any structure or building abutting said easement area, the Grantor will assume all liability for any damage to the Facilities in the above described Easement Area. The Grantor will also save and keep the City clear and harmless from any claims for personal injuries or property damage caused by any negligence or willful acts or omissions of the Grantor or persons acting on behalf of the Grantor, arising out of the construction by the Grantor of any structure or building abutting the said Easement Area, and shall reimburse the City for the full amount of such loss or damage. 5. That no charges will be made against the property for the cost of maintenance or operation of said Facilities in the property. Whenever the Grantor makes application for a service connection associated with the services provided by virtue of the Facility, the regular and customary service connection charge in effect at the time of the application shall be charged and paid. The Grantor shall be responsible for the routine maintenance of land on which the easement is located. 6. The Facilities shall be accessible for maintenance by the City at all times. The Grantor shall submit plans for approval to the City Engineer for any underground installation within the Easement Area, which approval shall not be unreasonably withheld, conditioned or delayed. 7. That the Grantor shall submit plans for all surface alterations of plus or minus 1 foot or greater within the limits of said Easement Area. Said alterations shall be made only with the approval of the City Engineer of the City of Franklin, which approval shall not be unreasonably withheld, conditioned or delayed. 8. The City and Grantor shall each use, and take reasonable measures to cause their employees, officers, customers, agents, contractors and assigns to use, the Easement Area in a reasonable manner and so as not to obstruct or otherwise use the Easement Area in a manner that would unreasonably interfere with the use thereof by the other party hereto or its employees, officers, customers, agents, contractors and assigns. 9. The City and Grantor each hereby waives all rights of subrogation that either has or may hereafter have against the other for any damage to the Easement Area or any other real or personal property or to persons covered by such party's insurance, but only to the extent of the waiving party's insurance coverage; provided, however, that the foregoing waivers shall not invalidate any policy of insurance now or hereafter issued, it being hereby agreed that such a waiver shall not apply in any case which would result in the invalidation of any such policy of insurance and that each party shall notify the other if such party's insurance would be so invalidated. I0. Either party hereto may enforce this easement by appropriate action, and should it prevail in such litigation, that party shall be entitled to recover, as part of its costs, reasonable attorneys' fees. H-3 11. This easement may not be modified or amended, except by a wntmg executed and delivered by the City and Grantor or their respective successors and assigns. 12. No waiver of, acquiescence in, or consent to any breach of any term, covenant, or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further, or succeeding breach of the same or any other term, covenant, or condition. 13. If any term or provision of this easement shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this easement shall not be affected thereby, and each such remaining term and provision shall be valid and enforceable to the fullest extent permitted by applicable law. 14. This easement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. H-4 IN WITNESS WHEREOF, the Grantor has hereunto set its hands and seals ON THIS DATE OF: _, 2026. Company Name:INITECH,LLC By: _ Ian B. Martin, Authorized Signatory STATE OF WISCONSIN COUNTY OF MILWAUKEE ss Before me personally appeared on the day of 2026, the above named Ian B. Martin, Authorized Signatory of Initech, LLC (Name printed) (Title) (Development) to me known to be the person(s) who executed the foregoing Easement and acknowledged the same as the voluntary act and deed of said corporation ] t ary pub[1 ; ( ) My commission expires _ CITY OF FRANKLIN By: _ John R. Nelson, Mayor By: _ Shirley J. Roberts, City Clerk STATE OF WISCONSIN ss COUNTY OF MILWAUKEE On this_ day of 2 0 before me personally appeared John R. Nelson and Shirley J. Roberts who being by me duly sworn, did say that they are respectively the Mayor and City Clerk of Franklin, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and acknowledged that they executed the foregoing assignment as such officers as the deed of said municipal corporation by its authority, and pursuant to Resolution File No. a dopted by its Common Council on _, 20_ . [ t ary [ 1 '. ( ) My commission expires _ H-5 Exhibit A (Legal Description of the Property) Lot 1 Lot 1 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. And Lot 2 Lot 2 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Cert ified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. And Lot 3 Lot 3 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Nort hwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. H-6 Exhibit B (Depiction of the Easement Area) H-7 uJ ksg gen ~coN gi1,,0 z ex, "'C') ~ 20' SB7°27'47"W 191 21' N87°27'47"E 190 07' 00 en u"'"'co ~ex,('") e>0 z i'--0 0 N LOT2 CS M NO S00°25'04"E 29 27' 20' SANITARY j SEWER EASEMENT l l l _I I -1 .1 N90'00'00"E 621 06' EXHIBIT _ W.RAWSONAVENUEJC.T.H. BB) T- - 1 ] _ ° ­ 1 %i I I I~!I } %l 1 I3 1I ll:'.I II laI ekeIN89°26'54"E I67 79' N89 26'54"E p O C "A" I 21 40' _ _ _ _J LOT3 CS M NO ,-- - - LOT4 C.S M NO ~ - - LOT1 C.S M. NO N88'28'23"E 202 07' L4 ==fr ·- L1L3 C ;:_ \ ) 1 LINE TABLE LINE NO BEARING DISTANCE L1 S00°44'45"E 11 95' L2 NB1°01'47"W 20 00' L3 N00°32'40"W 20 00' L4 N85°13'57"E 20 23' LS N89°44'15"E 8 29' PINNACLEENGINEERING GROUP CHAPUTLAND SUR VEYS710 N PLANKINTON AVE SUITE720 MILWAUKEE, WI53203 I 414-224-8068 >N S90°00'00"W 619 55' LEGEND ,- - - -, EXISTING SANITARY SEWER I EASEMENT TO REMAIN PER I_ - - _,DOC NO 6374621 AND 6374622 r- - - - SANITARY SEWER I I EASEMENT TO BE VACATED L~ -~ ~ -~ ..J PER SEPARATE DOCUMENT GRAPHICAL SCALE {FEET) I I0 1"=120' Date:July 14,2026 JOB# 41923O Exhibit C (Legal Description of Easement Area) 20'WIDESANITARYSEWEREASEMENT A 20' wide Sanitary Sewer Easement being part of Lot 1 and Lot 2 of Certified Survey Map No. 9770, as recorded in the Register of Deeds office for Milwaukee County as Document No. 11632754, located in the Northwest 1/4 of the Northwest 1/4 of Section I0, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin, which is bounded and described as follows: Commencing at the northwest corner of Lot 2 of Certified Survey Map No. 9770, said point also known as POC "A"; thence North 89°26'54° East along the north line of said Lot 2, 45.63 feet; thence South 02°32' 13" East, 273.80 feet to the Point of Beginning of lands hereinafter described; thence North 87°27'47" East, 190.07 feet; thence South 03°29'28" East, 284.65 feet; thence South 04°29'51" West, 206.70 feet; thence South 90°00'00" West, 619.55 feet; thence South 00°0 l '18" West, 94.63 feet; thence South 89°29' 07" West, 20.00 feet; thence North 00°0 1' 18° East, 114.81 feet; thence North 90°0O00" East, 621.06 feet; thence North 04°29'5 l" East, 186.81 feet; thence North 03°29'28" West, 263.58 feet; thence South 87°27'47" West, 170.40 feet; thence North 02°32' 13" West, 20.00 feet to the Point of Beginning. ALSO Together with and including lands for a 20' wide Sanitary Sewer Easement hereinafter described; Commencing at the southeast corner of Lot 3 of Certified Survey Map No. 9770, said point also known as POC "B"; thence South 00 25704 East, 29.27 feet to the Point of Beginning; thence South 00°44'45" East, 11.95 feet; thence South 08°58' 13" West, 71.09 feet; thence North 81°01' 47 West, 20.00 feet; thence Nort h 08 58 13" East, 58.21 feet; thence South 882 8'23° West, 208.72 feet; thence North 00°32'40" West, 20.00 feet; thence North 88°28'23" East, 202.07 feet; thence North 85°13' 57" East, 20.23 feet; thence North 89°44' 15" East, 8.29 feet to the Point of Beginning. H-8 H-9 APPROVAL Reports & Recommendations REQUESTFORCOUNCILACTION AResolutionAuthorizingCertainOfficialstoExecuteaStorm WaterFacilitiesMaintenanceAgreementandStormWater AccessEasementwithInitech,LLCatPothsGeneral Developmentat7154South76"StreetFranklin,WI. MTG.DATE 9/15/2026 ITEMNO. ALDDIST.#5 BACKGROUND The City of Franklin, Milwaukee Metropolitan Sewerage District (MMSD), and Wisconsin Department of Natural resources (WDNR) require storm water management facilities for any developments or redevelopments in this instance, which meet thresholds as defined in each entity's rules and regulations. These facilities as designed may be for water quantity and/or quality control. In the City of Franklin developers/residents typically use wet ponds, biofiltration basins, and/or permeable pavers, although other best management practices (BMPs) are also available. As an MMSD customer and designated by the WDNR as a Municipal Separate Storm Sewer System, the Municipal Code is written to not only include City quantity requirements, but also MMSD quantity requirements, and WDNR quantity and quality requirements. The facilities within private developments are involved in those credits. Therefore, ongoing maintenance of private facilities is imperative. It is the responsibility of the development owner, or a subdivision homeowners association, to maintain the storm water facilities in perpetuity per a prescribed Maintenance Agreement. The enclosed agreements include the property of Poths General at 7154 S. 76 St. ANALYSIS The WDNR offers standard Operation and Maintenance templates for a multitude of BMPs, and most engineers use those to develop site-specific Maintenance Agreements. The attached Agreements were prepared by the owner and their engineers and revised as necessary. It is recommended that the Common Council authorize the Mayor and City Clerk to sign said storm water facilities maintenance agreement and storm water access easement, and have it recorded with the Register of Deeds for Milwaukee County. OPTIONS Approve or Deny the Storm Water Facilities Maintenance Agreement and Storm Water Access Easement. FISCALIMPACT All costs associated with storm water facility maintenance are to be paid by the developer, owner, or homeowners association as stated in the individual agreement. RECOMMENDATION Motion to Adopt Resolution 2026-, a resolution to authorize acceptance of Storm Water Facilities Maintenance Agreement and Storm Water Access Easement from Initech, LLC Poths General contingent upon all changes and all necessary signatures to be approved by the City Engineer and City Attorney. Engineering Department: KAW STATE OF WISCONSIN : CITY OF FRANKLIN : MILWAUKEE COUNTY RESOLUTION NO. 2026 ­ RESOLUTION TO AUTHORIZE ACCEPTANCE OF STORM WATER FACILITIES MAINTENANCE AGREEMENT AND STORM WATER ACCESS EASEMENT FROM INITECH, LLC AT POTHS GENERAL DEVELOPMENT LOCATED AT 7154 SOUTH 76TH STRE ET FRA NKLIN, WI. WHEREAS, storm water facilities are required to meet water quantity and quality standards; and WHEREAS, a Maintenance Agreement and Access Easement are required to be developed and executed to ensure effective maintenance and operation of private storm water facilities in perpetuity; and WHEREAS, all costs associated with storm water facility maintenance are to be paid by the developer, owner, or homeowners association as stated in the individual agreement; and WHEREAS, property owner has executed and submitted to the City of Franklin Storm Water Facilities Maintenance Agreement and Storm Water Access Easement; and WHEREAS, the approval is contingent upon potential changes to be approved by the City Engineer and City Attorney and all necessary signatures. NOW, THEREFORE BE IT RESOLVED by the Mayor and Comm on Council of the City of Franklin that it would be in the best interest of the City to accept such Storm Water Facilities Maintenance Agreement and Storm Water Access Easement, and, therefore, the Mayor and City Clerk are hereby authorized and directed to execute them on behalf of the City. BE IT FURTHER RESOLVED that the City Clerk is directed to record the Storm Water Facilities Maintenance Agreement and Storm Water Access Easement with the Register of Deeds for Milwaukee County. Introduced at a regular meeting of the Comm on Council of the City of Franklin the day Of , 2 ) 26, by Alderman PASSED AND ADOPTED by the Common Council of the City of Franklin on the day of 2 026. APPROVED: John R Nelson, Mayor Page 1 of 2 ATTEST: Shirley J Roberts, City Clerk AYES NOES ABSENT Page 2 of 2 DOCUMENT NO. STORM WATER FACILITIES MAINTENANCE AGREEMENT Q-1 THJS SPACE RESERVED FOR RECORDING DATA NAME AND RETURN ADDRESS lnitech, LLC Attn: Land By Label LLC 638 Milwaukee St. Delafield, WI 53018 Parts of 756-9993-021; 756­ 9993-016; 756-9993-012 Parcel Identification Numbers STORMWATERFACILITIES MAINTENANCEAGREEMENT Poths General Part of 7154 S 76 Street, Franklin, WI 53132 Part of 756-9993-012; 756-9993-016; 756-9993-021 This AGREEMENT, made and entered into this d ay of , 2 026, by and between Initech, LLC, hereinafter called the "Owner", and the City of Franklin, hereinafter called the "City". WITNESSETH: WHEREAS, the Owner is the owner of the following described lands situated in the City of Franklin, County of Milwaukee, State of Wisconsin, to-wit: Lot 1, 2, 3 and 4 of Certified Survey Map No. 9770 recorded in the office of the Register of Deeds for Milwaukee County, Wisconsin, on September 2, 2026, as Document No. 11632754, being a redivision of Lot 2 of Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401 and additional lands, all being part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. Hereinafter called the "P ropert y". WHEREAS, the Owner is developing the Property; and WHEREAS, the Site Plan/Subdivision (Site Plan, P.D.D., CSM) known as Poths General hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the city, provides for on-site Storm Water Facilities within the confines of the Propert y as shown on the plan attached hereto as Exhibit "1"and more particularly described on Exhibit"C";and WHEREAS, the City and the Owner, its successors and assigns ("successors and assigns" meaning to include any homeowners' association and all owners of the property or any portion thereof), including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Franklin, require that on-site Storm Water Facilities as defined in Section 15-8.0600 Unified Development Ordinance of the City of Franklin be constructed and maintained on the Property; and WHEREAS, the City requires that on-site storm water management practices as shown on the Plan be constructed and adequately maintained by the Owner, its successors and assigns. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: Q- 2 I. The on-site storm water facilities shall be constructed by the Owner in accordance with the plans and specifications which are identified as part of the storm water management plan dated July 2, 2026 and erosion control plan dated July 2, 2026, approved by the City Engineer and submitted as part of the as-built drawings approved by the City Engineer. Fountains and/or aerators shall not be installed in any ponds without prior written approval from the City Engineer. 2. The Owner, its successors and assigns, shall comply with the ordinances and regulations which require that the Storm Water Facilities shall be regularly inspected and maintained as often as conditions may require, but in any event, at least once each year. The Standard Operation and Maintenance Report attached to this agreement as Exhibit "A" and by this reference made a part hereof shall be used for the purpose of the regular inspections of the Storm Water Facilities. The Owners, its successors and assigns, shall keep the Operation and Maintenance Reports from past inspections, as well as a log of maintenance activity indicating the date and type of maintenance completed of the Storm Water Facilities. The purpose of the inspections is to assure safe and proper functioning of the facilities. The inspections shall cover all storm water facilities, including but not limited to open swales (ditches), storm sewers, manholes, inlets, berms, outlet structures, pond areas and access roads. Deficiencies shall be noted in the Operation and Maintenance Report. The Report s and maintenance log shall be made available to the City for review. 3. The Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Storm Water Facilities, whenever the City deems necessary. The purpose of inspection is to provide periodic review by City staff, to investigate reported deficiencies and/or to respond to citizen complaints. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. Corrective actions shall be taken within a reasonable time frame as established by the City Engineer. 4. The Owner, its successors and assigns, shall adequately maintain the Storm Water Facilities, including but not limited to all pipes and channels built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as keeping the Storm Water Facilities in good working condition so that these storm water facilities are performing their design functions and are in accordance with the Stormwater Basin Maintenance Standards as detailed in Section 15.8.0600 of the City of Franklin Unified Development Ordinance, and Section 13.12 (2) of the Milwaukee Metropolitan Sewerage District (MMSD) rules, and by this reference made a part hereof. 5. If the Owner, its successors and assigns fails to maintain the Storm Water Facilities in good working condition acceptable to the City and does not perform the required corrective actions in a time as established by the City Engineer in written notice, the City may: a) Issue a citation to the Owner, its successors and assigns. Such failure constitutes a violation of Section 15.8.0600 of the Unified Development Ordinance of the City of Franklin. The penalty for such violation of Section 15.8.0600 shall be not less than $100 nor more than $2500 for each offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense, and b) Perform the corrective actions identified in the inspection report and assess the Owner, its successors and assigns, for the cost of such work. The cost of such work shall be specially charged against the Property pursuant to Wisconsin Statutes Q-3 Section 66.0627. If the facilities are located on an outlot owned collectively by a homeowners association, the City may specially charge each member of the homeowners association according to the ownership interest in the facilities located on the property. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the Storm Water Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said storm water management practices and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City, pursuant to this Agreement and applicable easements performs work of an emergency nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. This Agreement imposes no liability of any kind whatsoever on the City and the Owner agrees to indemnify and hold the City harmless from any liability in the event the Storm Water Facilities fail to operate properly. 8. This Agreement shall be attached as an exhibit to any document which creates a homeowners association that is responsible for maintenance of the Storm Water Facilities and shall be recorded at the Milwaukee County Register of Deeds, and shall constitute a covenant running with the land, and shall be binding on the Owner, its administrators, executors, assigns, heirs and any other successors in interest, including any homeowners association and all owners of the property or any portion thereof. The owner shall provide the City with a copy of any document which creates a homeowners association that is responsible for the Storm Water Facilities. 9. The owner, its successors and assigns, is prohibited from building structures, installing play equipment, installing plants, changing grades or performing any function that inhibits care and maintenance of any Storm Water Facilities. 10. The owner, its successor and assigns shall maintain, at all times, an individual(s) who will serve as a contact person(s). Q- 4 IN WITNESS WHEREOF, the City and Owner have set forth their hands and seals, effective the date first above written. SEALED IN PRESENCE OF: INITECH, LLC, Owner By:- - - - - - - - - - ­ Name: Ian B. Martin, Authorized Signatory STATE OF WISCONSIN)ss. MILWAUKEE COUNTY) Personally came before me this day of 2O_ the above named _ _ Inc., to me known to be the person who executed the foregoing instrument and acknowledged the same in the capacity indicated. Notary Public, County, WI ( ) My commission expires: _ CITY OF FRANKLIN By: Name: John R. Nelson Title: Mayor COUNTERSIGNED: By: Name: Shirley J. Roberts Title: City Clerk STATE OF WISCONSIN)ss. MILWAUK.EE COUNTY) Personally came before me this day of 20 the above named John R. Nelson, Mayor and Shirley J. Robert s, City Clerk, of the above named municipal corporation, City of Franklin, to me known to be such Mayor and City Clerk of said municipal corporation, and acknowledged that they had executed the foregoing instrument as such officers as the Deed of said municipal corporation by its authority and pursuant to the Resolution File No. _ adopted by its Common Council on this day of , 2O Notary Public, Milwaukee County, WI ( ) My commission expires: _ This instrument was drafted by the City Engineer for the City of Franklin. Form approved: _ Jesse A.Wesolowski, City Attorney Q-5 (' %q ) {' q [) EXHIBIT "A" OPERATIONANDMAINTENANCEINSPECTIONREPORT STORMWATERMANAGEMENTPONDS CityofFranklin [}q11e (t [) e ) [)11 [ T[ Responsible Party Name Address Telephone No. FaxNo. E-mail [[ SDC [ r [ q111 ] d feSS Telephone No. Fax] o. E-mail­ Basin Location General Address Section No. Normal Pool DYes DNo Items inspected Checked Maintenance Remarks (Pond components) (Yes/No/NA) Needed (Yes/No/NA) 1. Embankment and Emergency spillway 1.Vegetation and ground cover adequate 2. Embankment erosion 3. Animal burrows 4. Unauthorized plantings 5. Cracking, bulging, or sliding of dam 1. Upstream face 2. Downstream face 3. At or beyond toe Upstream Downstream 4. Emergency spillway 6. Pond, toe & chimney drains functioning 7. Seeps/leaks on downstream face 8. Slope protection or riprap failures 9. Emergency spillway clear of debris IO. Other (specify) 2. Riser and principal spillway Type: Reinforced concrete - - Corrugated metal pipe - - PVC/HDPE - - Masonry 1. Low flow orifice obstructed 2. Primary outlet structure 1. Debris removal necessary 2. Corrosion control 3. Trash rack maintenance 1. Debris removal necessary 2. Corrosion control 3. Pond bottom Sediment or debris buildup in low flow Pilot channel or bottom (estimate depth) Q-6 BIO 4 TOPOF ENGINEERED S01L. 758.00 HWL.761.48 EXHIBIT"B DEPICTIONOFTHEFACILITIES W RAWSONAVENUE CTH B" Q-7 PON0 1 N'vVl745,00 H\'VL.750,99 --- -- --£,' I\ I I I I #-­ i I I I I I I I I I I I I EX HIBIT_ _CLfENT: SITE ADD RESS: 6>NORTH LJ L=40.19' RADIUS=39.00' S53'25'42"E CHORD=38 44' 153.04' L=39.59' RADIUS=46.00' S62'47'46"E CHORD=38 38' S84°50'07"E 40.06' S87°28'24"W LOT 2 CS M NO STORMWATER MANAGEMENT AREA 61,124 S.F. 1.4032 ACRES 8lo·69 L=15 05' RADIUS=26.00' S54'43'29"E CHORD=14 84' L=2911' RADIUS=40 00' N07°04'39"E CHORD=28 48' L=31 49' RADIUS=90 00' N03'45'03"W CHORD=31 33' L=65 53' RADIUS=38 00' N43'07'36"W CHORD=57 70' zcooN ..-0 0 0 (J) ..-0 0 0 z 3LOC') N Land by Label Development Co. 7154 S76th St, Franklin, MilwaukeeCounty,Wisconsin lNOo 11'04w 'Po N89"26'54"E 20.00' ] $00"11'04"E 111%%S71°18'30"E 29.05' 6.,,S, 8.02' t= •,o•,<·e 2±!7 PO.C.A I I I I I I I I I I I I I J N89°20'24"E 74.95' N87°27'55"E 108.62' SHEET 1OF4 DRAFTED BY LPM DATE MARCH 12, 2026 JOB NO 4192 30 UJ 5N vLO0 N0 en o0 r--:O') S00°39'36"E 24.62' S89°20'24"W 108.28' S87°27'55"W GRAPHICALSCALE(FEET) r--- -, I0 1"=40' 80' S89°20'24"W 95.42' 89.06',> ­N ..- 4 t,LO <.O o 0 z - N89°20'24"E 97.50'h . in o 0C') 0 o"<I' SHEET 1 ~ - - - MATCH LINE-- - - - - - - SHEET 2 PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTON AVE SUITE720 MILWAUKEE WI 53203 414-224-8068 K·\SURVEY DATA\4192\4192 30\SURVEY\CAD\4192.30 STORMWATER EASEMENT DWG EX H IBIT_ _CLIENT Land by Label Development Co SITE ADDRESS 7154 S76th St, Franklin, Milwaukee County, Wisconsin S44°02'52"W 22.50' LOT2 CS M NO !:LIao 0 f--..LO >o(/J L=67 84' RADIUS=32.00' S16'38'20"W CHORD=55.83' 69.50' 105 23' STORMWATER MANAGEMENT AREA 61,124S.F 1.4032 ACRES L=27 02' RADIUS=32.00' S49'51'57"E CHORD=26 22' N83°40'08/ 43.08' L=69 50' RADIUS=210.00' S86'51'02'W CHORD=69 18' N89°20'24"E 164.58' L=65.61' RADIUS=27 00' N19'43'23"E CHORD=50 62' "oo'(0 M. C!l L=35.37' RADIUS=60 00' N66'46'53'W CHORD=34.86' SHEET 1- - - - - - - - - - - - - - - - - MATCH LINE-- - - - - - - SHEET 2 N44°02'52"E 19.78' N89°25'17"W 160.22' PINNACLEENGINEERINGGROUP CHAPUTLAND SUR VEYS710 N PLANKINTONAVE SUITE720 MILWAUKEE, W153203 414-224-8068 GRAPHICALSCALE(FEET) pee ¥ [0 1"=40' 80' >NORTH LJ SHEET 2 OF 4 DRAFTED BY LPM DATE MARCH 12, 2026 JOB NO 4192 30 K\SURVEY DATA\4192\4192 30\SURVEY\CAD\4192.30 STORMWATER EASEMENT DWG EXHIBIT_ _CLII NT· Land by Label Development Co SITE AD DRESS· 7154 S76th St, Franklin, Milwaukee County, Wisconsin SOUTH 76TH STREET(C. T.H. U) N00°15'45"W 20.00' LOT4 CS M NO s',,V N00°13'27"W 91.79' o~~,------------+'~ <o,p· POB S00°15'45"E 2 97_'_ ~ - - - - - - (/) l"\._p O.C "B" co0, (0 co ..1enoi.i,.. - -~ ni LOT 1 CSM NO IoI.() $ encoz GRAPHICALSCALE {FEET) r ~ I0 1"=40' 80' STORMWATER MANAGEMENT AREA 14,322 S.F. 0.3288 ACRES SHEET 3OF4 DRAFTEDBY LPM DATE June 2, 2026 JOB NO 4192 30 LOTZ CS M NO =N ('I') o..cS g 0 "o» sco r.)'\');. D so %3 % -z e%" 8 /o,"/ / / PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTONAVE SUITE720 MILWAUKEE WI53203 414 224-8068 K \SURVEY DATA\4192\4192 30\SURVEY\CAD\4192 30 STORMWATER EASEMENT DWG EXHIBIT"C" LEGALDESCRIPTIONOFAREA L IENGDOCS\Des gn Standards (7-2017 )\Design Standards July 2017\ Design Standards finahzed for July 2017\2019 Design Standards Appendrx Q Storm Water Fach1ties Mamt enance Agreement #15 doc Q- 8 EX H IBIT_ _CLIENT : Land by Label Development Co SIT E ADDRESS: 7154 S 76th St, Franklin, Milwaukee County, Wisconsmn LEGAL DESCRIPT IO N : AStormwater Management Easement bemng part of Lot 2 and Lot 4 of Certified Survey Map No., as recorded in the Register of Deeds office for Milwaukee County as Document No., located in the Northwest 1/ 4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, mn the City of Franklin, County of Milwaukee, State of Wisconsin, which is bounded and described as follows Commencing at the northwest corner of Lot 2 of Certified Survey Map No._, said point also known as POC "A"; thence North 89 26'54" East along the north line of sad Lot 2, 74.70 feet to the Point of Beginning of lands hereinafter described; thence continuing North 89' 26'54" East along said north lmne, 20.00 feet; thence South 00' 11'04" East, 11.09 feet; thence South 71'18'30 East, 29.05 feet to a point of curvature; thence southeasterly 15.05 feet along the arc of said curve to the right, whose radius is 26.00 feet and whose chord bears South 544 3'29" East, 14.84 feet to a point of reverse curvature; thence southeasterly 39.59 feet along the arc of said curve to the left, whose radius is 46.00 feet and whose chord bears South 624 7'46" East, 38.38 feet; thence South 84'50'07" East, 40.06 feet to a point on a curve; thence sout heasterly 40.19 feet along the arc of said curve to the right, whose radius is 39.00 feet and whose chord bears South 53' 25'42" East, 38.44 feet; thence South 23' 54'18" East, 16.72 feet; thence South 14 07'58" East, 11.06 feet to a point of curvature; thence southeasterly 18.06 feet along the arc of said curve to the left, whose radius 1s 13.00 feet and whose chord bears South 53"56'31" East 16.65 feet to a point of reverse curvature; thence southeasterly 80.28 feet along the arc of said curve to the right, whose radius 1s 25.38 feet and whose chord bears South 030 8'20" East SO76 feet; thence South 87' 28'24" West, 153.04 feet to a point of curvature; thence northwesterly 65.53 feet along the arc of said curve to the right, whose radius 1s 38.00 feet and whose chord bears North 43 07'36" West, 57.70 feet to a point of reverse curvature; thence northwesterly 31.49 feet along the arc of said curve to the left, whose radu s s 90.00 feet and whose chord bears North 03"45'03" West, 31.33 feet to a point of reverse curvature; thence northeasterly 29.11 feet along the arc of said curve to the right, whose radius is 40.00 feet and whose chord bears North 070 4'39" East, 28.48 feet; thence North 27' 55'46" East, 35.96 feet; thence North 55' 00'47" West, 7.41 feet; thence South 345 9'13" West, 54.13 feet; thence Sout h 00 15'45" East, 208.74 feet; thence North 89"20'24" East, 74.95 feet; thence North 87' 27'55" East, 108.62 feet; thence South 02' 52'22" East, 97.08 feet; thence South 89' 20'24" West, 108.28 feet; thence South 00' 39'36" East, 24.62 feet; thence South 44'02'52" West, 22.50 feet; thence South 00"57'08" East, 196.27 feet; thence North 89"25'17" West, 160.22 feet to a point of curvat ure; thence northwesterly 87.97 feet along the arc of said curve to the rg ht, whose radius Is 30.00 feet and whose chord bears North 05"24'46" West, 59.67 feet; thence North 78' 35'45" East, 31.71 feet to a point on a curve; thence southeasterly 105.23 feet along the arc of sad curve to the right, whose radius 1s 200.88 feet and whose chord bears South 87' 43'43" East, 104.03 feet to a point of compound curvat ure; thence southeasterly 27.02 feet along the arc of said curve to the right, whose radius 1s 32.00 feet and whose chord bears Sout h 49'51'57" East, 26.22 feet; thence North 00' 57'08" West, 145.93 feet; thence South 89' 20'24" West, 17.63 feet to a point on a curve; thence sout hwesterly 67.84 feet along the arc of said curve to the r ght; whose radius is 32.00 feet and whose chord bears South 163 8'20" West, 55.83 feet; thence South 77°22'13" West, 2 38 feet to a point of curvature; thence southwesterly 69.50 feet along the arc of said curve to the nght, whose radius is 210.00 feet and whose chord bears South 86' 51'02" West, 69.18 feet, thence North 83' 40'08" West, 43.08 feet to a point of curvature; thence northwesterly 35.37 feet along the arc of sand curve to the right, whose radrus 1s 60.00 feet and whose chord bears North 66 46'53" West, 34.86 feet to a point of compound curvature; thence northeasterly 65.61 feet along the arc of said curve to the right, whose radius is 27.00 feet and whose chord bears North 194 3'23" East, 50.62 feet; thence North 89 20'24" East, 164.58 feet; thence North 44 02'52" East, 19.78 feet; thence North 00 39'36" West, 40.51 feet; thence North 89' 20'24" East, 97 50 feet; North 02'52'22" West, 56.41 feet; thence South 87' 27'55" West 89.06 feet; thence South 89"20'24" West, 95.42 feet; thence North 00' 15'45" West, 235.24 feet; thence North 34'59'13" East, 71.36 feet; thence North 00' 11'04" West, 8.02 feet to the Point of Beginning. AREA: 61,124 square feet or 1 4032 acres ALSO Together with and including lands for a Stormwater Management Easement heremnafter described; Commencing at the southwest corner of Lot 1 of Certified Survey Map No , s ad pomnt also known as POC"B"; thence Sout h 00 15'45" East along the east line of South 76th Street (C.T H. U), 34.97 feet to the Point of Beginning of lands hereinafter described; thence South 89 15'30" East, 58.64 feet; thence North 730 0'23" East, 38.03 feet, thence North 89'44'58" East, 171.13 feet, thence South 27' 56'12" East, 112.89 feet; thence South 250 8'3 1" West, 32.90 feet; thence South 894 0'32" West, 67.35 feet, thence North 45' 16'27" West, 25 43 feet; thence North 00' 13'27" West, 91.79 feet; thence South 89' 44'58" West, 121.24 feet, thence South 73 00'23" West, 38.21 feet; thence North 89 15'30" West, 61.41 feet; thence North 00 15'45" West, 20 00 feet to the Pomnt of Beginning. AREA: 14,322 square feet or O3288 acres PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTON AVE SUITE720 MILWAUKEE, WI 53203 414-224-8068 K.S URVEY DATA\4192\4192 30\SURVEY\CAD4192 30 STORMWATER EASEMENT OWG SHEET 4 OF4 DRAFTED BY LPM DATE MARCH 12, 2026 JOB NO 4192 30 DOCUMENT NO. STORM WATER MANAGEMENT ACCESS EASEMENT AGREEMENT N-1 THIS SPACE RESERVED FOR RECORDING DATA NAMEAND RETURN ADDRESS Initech, LLC Attn: Land By Label LLC 63 8 Milwaukee St. Delafield, WI 53018 Parts of 756-9993-021; 756­ 9993-016; 756-9993-012 Parcel Identification Numbers STORMWATERMANAGEMENT ACCESS EASEMENT Poths General Part of 7154 S 76 Street, Franklin, WI 53132 Part of Tax Key 756-9993-012; 756-9993-016; 756-9993-021 THIS EASEMENT is made this day of 2026 by and between the CITY OF FRANKLIN, a municipal corporation of the State of Wisconsin, hereinafter referred to as "City," collectively referred to as "Grantees," and Initech, a Wisconsin LLC, as owner (including successors and assign's of the City as may become applicable including the heirs, executors, administrators, successors and assigns of above owner(s) as may be or may become applicable), hereinafter called "Grantor," (if more than one grantor is listed above, said language herein referring thereto shall be interpreted in the plural and refer jointly and severally to such grantors). WITNESSETH WHEREAS, Grantor is the owner and holder of record Title to certain real property described on Exhibit"A"which is attached hereto and incorporated herein (the "Property");and WHEREAS, the City desires to acquire a non-exclusive easement with the right of entry in and across a portion of the property as the same is more particularly hereinafter described, with the right to build and construct and/or operate, maintain, repair, enlarge, reconstruct, relocate and inspect as may be or may become applicable the following facilities and appurtenances thereto, hereinafter collectively called the "Facilities," in, upon and across said portion of the Property: a storm water management basins as shown and described on the plan attached hereto as Exhibit"B"(the "EasementArea");and NOW, THEREFORE, in consideration of the grant of the easement hereinafter described, the initial installation and maintenance of the Facilities by the Grantor, and the Grantees, and the payment of One Dollar ($1.00) and other valuable considerations to the Grantor, the receipt whereof is hereby acknowledged, said Grantor, being the owner and person interested in the land hereinafter described, does hereby grant unto the City a perpetual, non-exclusive easement on that part of the Northwest of Section ten (I 0), Township Five (5) North, Range Twenty-one(21) East, in the City of Franklin, Milwaukee County, Wisconsin, more particularly described on Exhibit"B". 1. That said Facilities shall be maintained and kept in good order and condition by the Grantor, at the sole cost and expense of the Grantor. The City, at its sole discretion, may assume the rights of the Grantor to maintain the Facilities. 2. That in and during whatever construction, reconstruction, enlargement or repair work is or becomes necessary in constructing and/or maintaining of said Facilities, so much of the surface or subsurface of the Easement Area on the Propett y as may be disturbed will, at the expense of the Grantor, be replaced in substantially the same condition as it was prior to such disturbance. The City, at its sole discretion, may assume the rights of the Grantor to construct, reconstruct, enlarge, repair, or do whatever is necessary in constructing and/or maintaining such Facilities. However, the Grantees shall indemnify and save harmless the Grantor from and against any loss, damage, claim, cost, injury or liability resulting from negligence or willful acts or omissions on the part of the Grantees, its agents or employees in connection with said work involved in constructing and/or maintaining of said Facilities; provided that if the above loss, claim, cost, damage, injury or liability results from the joint negligence of parties hereto, then the liability therefore shall be borne by them in proportion to N-2 their respective degree of negligence; provided furt her, however, that these provisions are subject to the legal defenses available under law which the Grantees or Grantor are entitled to raise, excepting the defense of so-called "sovereign immunity." 3. That no structure may be placed within the limits of the Easement Area by the Grantor, except that improvement such as walks, pavements for driveways, concrete curbs, parking lot surfacing and landscape planting may be constructed or placed within the Easement Area. 4. In connection with the construction by the Grantor of any structure or building abutting said Easement Area, the Grantor will assume all liability for any damage to the Facilities in the above described Easement Area. The Grantor will also save and keep the Grantees clear and harmless from any claims for personal injuries or property damage caused by any negligence or willful acts or omissions of the Grantor or persons acting on behalf of the Grantor, arising out of the construction by the Grantor of any structure or building abutting the said Easement Area, and shall reimburse the Grantees for the full amount of such loss or damage. 5. The Grantor shall be responsible for the routine maintenance of land on which the easement is located. 6. The Facilities shall be accessible for maintenance by the Grantor at all times. The Grantor shall submit plans for approval to the City Engineer for any underground installation within the Easement Area, which approval shall not be unreasonably withheld, conditioned or delayed. 7. That the Grantor shall submit plans for all surface alterations of plus or minus 1 foot or greater within the limits of said Easement Area. Said alterations shall be made only with the approval of the City Engineer of the City of Franklin, which approval shall not be unreasonably withheld, conditioned or delayed. 8. The Grantees and Grantor shall each use, and take reasonable measures to cause their employees, officers, customers, agents, contractors and assigns to use, the Easement Area in a reasonable manner and so as not to obstruct or otherwise use the Easement Area in a manner that would unreasonably interfere with the use thereof by the other party hereto or its employees, officers, customers, agents, contractors and assigns. 9. The Grantees and Grantor each hereby waives all rights of subrogation that either has or may hereafter have against the other for any damage to the Easement Area or any other real or personal property or to persons covered by such party's insurance, but only to the extent of the waiving party's insurance coverage; provided, however, that the foregoing waivers shall not invalidate any policy of insurance now or hereafter issued, it being hereby agreed that such a waiver shall not apply in any case which would result in the invalidation of any such policy of insurance and that each party shall notify the other if such party's insurance would be so invalidated. 10. Either party hereto may enforce this easement by appropriate action, and should it prevail in such litigation, that party shall be entitled to recover, as part of its costs, reasonable attorneys' fees. 11. This easement may not be modified or amended, except by a writing executed and delivered by the Grantees and Grantor or their respective successors and assigns. 12. No waiver of, acquiescence in, or consent to any breach of any term, covenant, or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further, or succeeding breach of the same or any other term, covenant, or condition. N-3 13. I any term or provision of this easement shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this easement shall not be affected thereby, and each such remaining tenn and provision shall be valid and enforceable to the fullest extent permitted by applicable law. 14. This easement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 15. Upon completion of use of the Easement Area for the specific use as a storm water management access by the City, the easement shall be tenninated by recording a release in recordable form with directions for delivery of same to Grantor at his last address given pursuant hereto, whereupon all rights, duties and liabilities created shall tenninate. N-4 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seals this ON THIS DATE OF: _, 2026 INITECH,LLC,AWisconsinlimitedliabilitycompany Company Name By: (Seal) Name & Title: Ian B. Martin, Authorized Signatory STATE OF WISCONSIN ss COUNTY OF MILWAUKEE Before me personally appeared on the day of A .D. 2026. Ian B. Martin, Authorized Signatory _ President or Name printed Secretary or Name printed to me known to be the person(s) who executed the foregoing EASEMENT and acknowledged the same as the voluntary act and deed of said corporation. Notary Public ( My commission expires _ CITY OF FRANKLIN By:- - - - - - - - - - - - - - John R. Nelson, Mayor By:- - - - - - - - - - - - - - Shirley J. Robert s, City Clerk STATE OF WISCONSIN) ss COUNTY OF MILWAUKEE) On this day Of A,D, 20 before me personally appeared John R. Nelson and Shirley J. Roberts who being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Franklin, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and acknowledged that they executed the foregoing assignment as such officers as the deed of said municipal corporation by its authority, and pursuant to resolution file No. a dopted by its Common Council on_ _ _ _ _ _ _ _ _ _ 20 Notary Public, Milwaukee County, Wisconsin ( ) My commission expires _ N-5 ) ExhibitA (Description of the Property) Lot 2 Lot 2 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section I0, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. And Lot 4 Lot 4 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section l 0, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. N-6 Exhibit B (Depiction and Description of the Easement Area) N-7 EXHIBIT- - - - - - -CLIENT: SITE AD D lRESS: ~ NORTH LJ L=40.19' RADIUS=39.00' S53'25'42"E CHORD=38.44' 153.04' L=39 59' RADIUS=46 00' S62'47'46"E CHORD=38 38' S84°50'07"E 40.06' S87°28'24"W LOT 2 CS M NO STORMWATER MANAGEMENT AREA 61,124 S.F. 1.4032 ACRES 8o 69» L=.15.05' RADIUS=26 00' S54'43'29"E CHORD=14.84' L=2911' RADIUS=40 00' N07' 04'39"E CHORD=28.48' L=31.49' RADIUS=90 00' N03'45'03"W CHORD=31 33' L=65.53' RADIUS=38 00' N43°07'36'W CHORD=57 70' tt-- cx:ioN ..... >oz Land by Label Development Co. 7154 S76th St, Franklin, Milwaukee County, Wisconsin I IPO B N89°26'5 1 4"EN00°11'04"W 20 00' I S00°11'04"E 1119S71°18'30"E 29.05' %. 8.02' h:I I I I I I I I I I I I I J N89°20'24"E 74.95' N87°27'55"E 108.62' S89°20'24"W 108 28' ----------------------s00·39'36"E 24.62' SHEET 1OF 4 DRAFTED BY LPM DATE MARCH 12, 2026 JOB NO 4192 30 h11NN vLO 30 en coot--0S87°27'55"W GRAPHICALSCALE(FEET) pee ] ]0 1"=40' 80' S89°20'24"W 95.42' 89.06'.? y ­ zN .LO C.O o 0 z N89°20'24"E 97.50'~ ..____.;. ..;.;....,,,,_ _0co O -vSHEET 1 2- - - MATCH LINE-- - - - - - - SHEET 2 PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTONAVE SUITE720 MILWAUkEE, WI53203 414-224-8068 K \SURVEY DATA\4192\4192 30\SURVEY\CAD\4192 30 STORMWATER EASEMENT DWG EXHIBIT_ _CLIENT· Land by Label Development Co SITE ADDRESS: 7154 S76th St, Franklin, Milwaukee County, Wisconsin S44°02'52"W 22.50' LOT2 CS M NO Luco oR o0 oD L=27 02' RADIUS=32 00' S49°51'57E CHORD=26.22' L=67.84' RADIUS=32 00' S16'38'20"W CHORD=55.83' 69.50' 105 23' STORMWATER MANAGEMENT AREA 61,124 S.F. 1.4032 ACRES N83"40'03/ 43.08° L=69 50' RADIUS=210.00' S86'51'02''W CHORD=69 18' L=87 97' RADIUS=30 00' N05'24'46"W CHORD=59 67' L=35.37' RADIUS=60 00' N66'46'53'W CHORD=34 86' N89°20'24"E 164.58' SHEET 1- - - - - - - - - - - - - - - - - MATCH LINE-- - - - - - - SHEET 2 N44°02'52"E 19.78' N89°25'17"W 160.22' PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTONAVE SUITE720 MILWAUKEE WI53203 414-224-8068 GRAPHICALSCALE(FEET} Ee l [0 1"=4o' 80' 6NORTH uSHEET 2 OF 4 DRAFTED BY LPM DATE MARCH 12, 2026 JOB NO 4192 30 K:SURVEYDATA\4192\4192 30\SURVEY\CAD\4192.30 STORMWATER EASEMENT OWG EXH IBIT- - - - - - -CLIENT Land by Label Development Co SITE ADDRESS· 7154 S76th St, Franklin, Milwaukee County, Wisconsin SOUTH 76TH STREET(C.T.H. U) N00°15'45"W 20.00' LOT4 CS M NO (\.'~ Q:i'l, , N00°13'27"W 91.79'o,-.;: ~":, ,-- - - - - - - - - - -1' *?:Jrt='' PO B S00°15'45"E . .. ---OJ 0 O 0o O o.i,.. - -8ni LOT 1 CSM NO !:LIcoLI) t'SI' en00 z =N C') 'oe$ g ?0 o0 o0 %s e l8J / o,"/ / / PINNACLEENGINEERING GROUP CHAPUTLAND SURVEYS710 N PLANKINTONAVE SUITE720 MILWAUKEE, WI 53203 414-224-8068 LOT2 CS M NO %?~ :c SHEET 3 OF 4 DRAFTED BY LPM DATE June 2, 2026 JOB NO 4192 30 GRAPHICALSCALE(FEET) [pe ms4 [0 1"=40' 80' STORMWATER MANAGEMENT AREA 14,322 S.F. 0.3288ACRES K·\SURVEY DATA\4192\4192 30\SURVEY\CAD\4182.30 STORMWATER EASEMENT DWG EXHIBIT---------CLIENT: Land by Label Development Co. SIT E ADD RESS: 7154 5 76th St, Franklin, Milwaukee County, Wisconsin LEGAL DESCRIPTION : AStormwater Management Easement bemng part of Lot 2 and Lot 4 of Certified Survey Map No. , a s recorded mn the Register of Deeds office for Milwaukee County as Document No. , located in the Northwest 1/ 4 of the Northwest 1/ 4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin, which 1s bounded and described as follows: Commencing at the northwest corner of Lot 2 of Certified Survey Map No._, said point also known as POC "A"; thence North 89 26'54" East along the north line of sa d Lot 2, 74.70 feet to the Pomnt of Beginning of lands hereinafter described; thence continuing North 89 26'54" East along said north line, 20.00 feet; thence South 00' 11'04" East, 11.09 feet; thence South 71"18'30 East, 29.05 feet to a point of curvature, thence southeasterly 15.05 feet along the arc of said curve to the right, whose radius Is 26.00 feet and whose chord bears Sout h 544 3'29" East, 14.84 feet to a point of reverse curvature; thence southeasterly 39.59 feet along the arc of said curve to the left, whose radius 1s 46.00 feet and whose chord bears South 624 7'46" East, 38 38 feet; thence South 84' 50'07" East, 40.06 feet to a point on a curve; thence southeasterly 40 19 feet along the arc of said curve to the right, whose radius 1s 39.00 feet and whose chord bears South 53"25'42" East, 38.44 feet, thence South 235 4'18" East, 16 72 feet; thence South 140 7'58"% East, 11.06 feet to a point of curvature; thence southeasterly 18.06 feet along the arc of said curve to the left, whose radius is 13.00 feet and whose chord bears South 535 6'31" East 16.65 feet to a point of reverse curvature; thence southeasterly 80.28 feet along the arc of sad curve to the r ght, whose rad us is 25.38 feet and whose chord bears South 03"08'20" East 50.76 feet; thence South 87' 28'24" West, 153.04 feet to a point of curvature; thence northwesterly 65.53 feet along the arc of said curve to the right, whose radius is 38.00 feet and whose chord bears North 43' 07'36" West, 57.70 feet to a point of reverse curvature; thence northwesterly 31.49 feet along the arc of said curve to the left, whose radius 1s 90.00 feet and whose chord bears North 03' 45'03" West, 31.33 feet to a point of reverse curvature; thence northeasterly 29.11 feet along the arc of said curve to the right, whose radius is 40.00 feet and whose chord bears North 07 04'39" East, 28.48 feet; thence North 27' 55'46" East, 35.96 feet; thence North 55' 00'47" West, 7.41 feet; thence South 34'59'13" West, 54.13 feet; thence South 00 15'45" East, 208.74 feet; thence North 89' 20'24" East, 74.95 feet; thence North 87' 27'55" East, 108.62 feet; thence South 02' 52'22" East, 97.08 feet; thence South 89 20'24" West, 108.28 feet; thence South 00' 39'36" East, 24.62 feet; thence South 440 2'52" West, 22.50 feet; thence South 00' 57'08" East, 196.27 feet; thence North 89' 25'17" West, 160.22 feet to a point of curvature; thence northwesterly 87.97 feet along the arc of sand curve to the right, whose radius 1s 30 00 feet and whose chord bears North 05"24'4 6" West, 59.67 feet; thence North 78' 35'45" East, 31.71 feet to a point on a curve; thence southeasterly 105.23 feet along the arc of said curve to the r ght, whose rad us Is 200.88 feet and whose chord bears South 874 3'43" East, 104.03 feet to a pomt of compound curvature; thence sout heasterly 27.02 feet along the arc of sa d curve to the right, whose radius 1s 32.00 feet and whose chord bears South 49"51'57" East, 26.22 feet; thence North 00' 57'08" West, 145.93 feet; thence South 89' 20'24" West, 17.63 feet to a point on a curve; thence southwesterly 67.84 feet along the arc of said curve to the right; whose radius 1s 32.00 feet and whose chord bears South 16' 38'20" West, 55.83 feet; thence Sout h 772 2'1 3" West, 2.38 feet to a point of curvature; thence southwesterly 69.50 feet along the arc of said curve to the right, whose radius is 210.00 feet and whose chord bears South 865 1'02" West, 69.18 feet; thence North 834 0'08" West, 43.08 feet to a point of curvat ure; thence northwesterly 35.37 feet along the arc of said curve to the right, whose radius is 60 00 feet and whose chord bears North 66 46'53" West, 34.86 feet to a point of compound curvature; thence northeasterly 65.61 feet along the arc of said curve to the right, whose radius 1s 27.00 feet and whose chord bears North 194 3'23" East, 50.62 feet; thence North 89 20'24" East, 164.58 feet; thence North 44 02'52" East, 19 78 feet; thence North 00' 39'36" West, 40.51 feet; thence North 89 20'24" East, 97 50 feet, North 02"52'22" West, 56.41 feet; thence Sout h 87 27'55" West 89.06 feet; thence South 89"20'24" West, 95.42 feet; thence North 00 15'45" West, 235.24 feet; thence North 34' 59'13" East, 71.36 feet; thence North 00"11'04" West, 8.02 feet to the Point of Beginning. AREA. 61,124 square feet or 1 4032 acres ALSO Together wIth and including lands for a Stormwater Management Easement hereinafter described; Commencing at the southwest corner of Lot 1 of Certified Survey Map No., s ad point also known as POC "B"; thence Sout h 00 15'45" East along the east line of South 76th Street (C T.H. U), 34.97 feet to the Point of Beginning of lands hereinafter described; thence South 89' 15'30" East, 58.64 feet; thence North 730 0'23" East, 38 03 feet; thence North 89 44'58" East, 171.13 feet; thence Sout h 27' 56'12" East, 112.89 feet; thence South 250 8'31" West, 32.90 feet; thence South 89' 40'32" West, 67.35 feet; thence North 45' 16'27" West, 25.43 feet; thence North 00 13'27" West, 91.79 feet; thence South 89' 44'58" West, 121.24 feet; thence South 730 0'23" West, 38.21 feet; thence North 89' 15'30" West, 61.41 feet; thence North 00 15'45" West, 20.00 feet to the Point of Beginning. AREA: 14,322 square feet or 0 3288 acres PINNACLEENGINEERINGGROUP CHAPUTLAND SURVEYS710 N PLANKINTONAVE SUITE720 MILWAUKEE, WI53203 414-224-8068 K\SURVEYDATA\4192\419230\SURVEY\CA \4192.30STORMWATER EASEMENT DWG SHEET 4 OF 4 DRAFTED BY LPM DATE MARCH 12, 2026 JOB NO 4192 30 APPROVAL Reports & Recommendations REQUESTFORCOUNCILACTION AResolutionAuthorizingCertainOfficialstoExecutea DevelopmentAgreementwithLXLPGApartmentsLLCfor PothsGeneralDevelopment,Locatedat7154South76%Street. MTG.DATE 9/15/2026 ITEMNO. Ald. Dist.# 5 BACKGROUND Pursuant to the approval of the Poths General Development, it is necessary to enter into a development agreement (DA). The developer is LXL PG Apartments LLC. The site plan was approved by staff on July 15, 2026. ANALYSIS This agreement provides for the necessary public improvements required for the Poths General Development. Included in the agreement is the extension of public sanitary sewer and water main throughout the site. OPTIONS It is recommended that the Common Council approve the enclosed standard form of the DA with specific items contained in Exhibit "E" attached. Insurance certificates were requested and will be reviewed for conformance with current City requirements. FISCALNOTE Municipal services and contingencies are accepted with percentages and are included in bond. RECOMMENDATION Motion to adopt Resolution No. 2026- a resolution authorizing certain officials to execute a development agreement with the developer of Poths General Development, located at 7154 South 76" Street contingent upon all potential changes to Exhibit D and others and all necessary signatures to be approved by the City Engineer, Director of Administration, Director of Finance, Director of Economic Development Director, and City Attorney. Engineering: KAW STATE OF WISCONSIN: CITY OF FRANKLIN: MILWAUKEE COUNTY RESOLUTION NO. 2026­ A RESOLUTION AUTHORIZING CERTAIN OFFICIALS TO EXECUTE A DEVELOPMENT AGREEMENT FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS WITH LXL PG APARTMENTS, LLC- POTHS GENERAL LOCATED AT 7154 SOUTH 76 S TREET FRANKLIN, WI. --------------------------------------------------------------------------------------------------------------- WHEREAS, the Developer, LXL PG Apartments LLC is ready to proceed with the development at future site upon South 76" Street and West Rawson Avenue and it is necessary to enter into a Development Agreement for public infrastructure improvements associated with the development; and WHEREAS, the Developer will make and install, or have made and have installed, any public improvements reasonably necessary to wit: water main pipe, fittings, hydrants, and valves, sanitary sewer pipe and manholes and all stormwater management facilities as provided in the Development Agreement; and WHEREAS, it is in the best interest of the City of Franklin to provide an orderly, planned development; and WHEREAS, the developer is willing to proceed with the installation of the improvements provided for in the Development Agreement. WHEREAS, the development agreement is subject to potential changes in Exhibit D and other to be approved by the City Engineer, Director of Administration, Director of Finance, Director of Economic Development Director, and City Attorney. NOW, THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of Franklin that the Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement on behalf of the City with LXL PG Apartments, LLC. BE IT FURTHER RESOLVED that the City Clerk is directed to record the Development Agreement with the Register of Deeds for Milwaukee County. Introduced at a regular meeting of the Common Council on the d ay of _ ,2) 26 by Alderman Passed and adopted by the Common Council on the , 2 26, APPROVED: John R.Nelson, Mayor day of ATTEST: Shirley J. Roberts, City Clerk AYES NOES ABSENT CITY OFFRANKLIN W ISCONSIN DEVELOPMENTAGREEMENT FOR POTHSGENERAL September 2026 1 DEVELOPM ENT AG REEM ENT FOR PO TH S GENERA L ARTICLES OF AGREEMENT (THIS "Agreement") made and entered into this _ day of 2026, by and between LXL PG Apartments LLC, a Delaware LLC, hereinafter called the "Developer" as party of the first part, and the City of Franklin, a municipal corporation of Milwaukee County, Wisconsin, party of the second part, hereinafter called the "City" with regard to Poths General (the "P roject ) WITNESSETH: WHEREAS, the Developer desires to improve and develop certain lands located in the City as described on attached Exhibit "A" (the "Development"), and for that purpose cause the installation of certain public improvements, hereinafter described in this Agreement and the exhibits hereto (the "Improvements"), and WHEREAS, the Developer having applied to the City for a Site Plan, PDD, and CSM for a mixed use residential development, and the approvals thereof by the City of Franklin providing that as a condition of approving the Development, that the Developer make and install, or have made and have installed, any public improvements reasonably necessary, to wit: water system, sanitary sewer system, sidewalks, 76" Street driveway approach, Rawsone Avenue driveway approach and storm water management facilities; and WHEREAS, the public works schedule and budget of the City does not now include the Improvements for the Development and normally there would be a considerable delay in the installation of the Improvements unless this Agreement is entered into by the parties; and WHEREAS, the City believes that the orderly planned development of the Development will best promote the health, safety and general welfare of the community, and hence is willing to approve the Development provided the Developer proceed with the installation of the Improvements in and as may be required for the Development, on the terms and conditions set forth in this Agreement and the exhibits attached hereto. NOW, THEREFORE, in consideration of the payment of One Dollar ($1.00) and other good and valuable consideration to each in hand paid by the other, receipt of which is hereby acknowledged and in consideration of the mutual covenants herein contained, the parties agree: 1. The legal description of the Development is set forth on attached Exhibit"4". 2. The improvements aforementioned shall be as described in Exhibit"B e xcept as noted in Exhibit"E". 3. The Developer shall prepare plans and specifications for the aforesaid Improvements, under direction of the City Engineer, and to be approved by the City Engineer. After receiving the City's approval thereof, the Developer shall 2 take bids, and award contracts (the "Improvements Contracts") for and install all of the improvements in accordance with standard engineering and public works practices, and the applicable statutes of the State of Wisconsin. The Improvements shall be based on the construction specifications stated in attached Exhibit"F". 4. The full cost of the Improvements will include all labor, equipment, material, engineering, surveying, inspection and overhead costs necessary or incidental to completing the Improvements (collectively the "Improvements Costs"). Payment for the Improvements Costs will be made by the Developer periodically as the Improvements are completed as provided in the Improvements Contracts. The total estimated cost of the Improvements is (IN WORDS) Five Hundred Forty Thousand and 00/100 Dollars as itemized in attached Exhibit"D". 5. To assure compliance with all of Developer's obligations under this Agreement, prior to the issuance of any building permits, the Developer shall file with the City a Financial Guarantee (the "Financial Guarantee", which may be either in the form of a Letter of Credit or a Performance Bond and such form shall be the choice of the Developer) in the initial amount of $540,000, representing the estimated costs for the Improvements as shown in attached Exhibit "D''. Upon the written approval of the City Engineer, the amount of the Financial Guarantee may be reduced periodically as the Improvements are paid for and approved by the City so that following each such reduction, the Financial Guarantee equals the total amount remaining for Improvements Costs pert aining to Improvements for which Developer has not paid as set forth in the Improvements Contracts for the Improvements or which remain unapproved by the City. The Financial Guarantee shall be issued by a bank or other financial institution (the "Surety Guarantee Issuer") reasonably satisfactory to the City, for the City as "Beneficiary", in a form satisfactory to the City Attorney. Failure to file the Financial Guarantee within ten (10) days after written demand by the City to the Developer shall make and render this Agreement null and void, at the election of the City. Upon acceptance by the City (as described below) of and payment by Developer for all the completed Improvements, the Financial Guarantee shall be released and surrendered by the City to the Developer, and thereafter the Developer shall have no further obligation to provide the Financial Guarantee to the City under this Paragraph 5., except as set forth under Paragraph 13. below. 6. In the event the Developer fails to pay the required amount for the Improvements or services enumerated herein within thirty (30) days or per contract after being billed for each improvement of each stage for any Improvement Costs at the time and in the manner provided in this Agreement, and if amounts remain unpaid after an additional thirty (30) days written notice to Developer, the City may notify the Guarantee Issuer in writing to make the said payments under the terms of the Financial Guarantee to the Contractor, within the later of the time frame stipulated in the Financial Guarantee or five (5) days after receiving a written demand from the City to make such payment. Demand shall be sent by registered letter with a 3 return receipt requested, addressed to the Surety Guarantee Issuer at the address indicated on the Financial Guarantee, with a copy to the Developer, described in Paragraph five (5) above. It is understood between the parties to this Agreement, that billings for the Improvement Costs shall take place as the various segments and sections of the Improvements are completed and certified by the City Engineer as complying with the approved plans and applicable provisions of the Franklin Municipal Code. In addition, the City Engineer may demand that the Financial Guarantee be extended from time to time to provide that the Financial Guarantee be in force until such time that all improvements have been installed and accepted through the one (1) year guarantee period as set forth under Paragraph 13. below, including the fourteen (14) months following substantial completion of the Improvements and 10% limitations also set forth thereunder. For the purposes of this Agreement, "Substantial Completion" is defined as being the date that the Improvements are accepted by the City. Demand for said extension shall be sent by registered letter with a return receipt, with a copy to the Developer. If said Financial Guarantee is not extended for a minimum of a one (1) year period prior to expiration date of the Financial Guarantee (subject to any then applicable of the aforementioned limitations), the City may send written notice to the Surety Guarantee Issuer to make payment of the remaining balance of the Financial Guarantee to the City to be placed as an escrow deposit. 7. The following special provisions shall apply: (a) Those special provisions as itemized on attached Exhibit "C" and attached Exhibit "E" are hereby incorporated by reference m this Agreement and made a part hereof as if fully set forth herein. (b) To the extent necessary to accommodate public utilities easements on the Development, easements will be dedicated for the use of the Electric Company, the Telephone Company and Cable Company to provide utility services to the Development. All utilities shall be underground except for any existing utility poles/lines. (c) Fee title to all of the Improvements and binding easements upon lands on which they are located, shall be dedicated and given by the Developer to the City, in form and content as required by the City, without recourse, and free and clear of all liens or encumbrances, with final inspection and approval of the Improvements and accompanying title and easement documents by the City constituting acceptance of such dedication. The Improvements shall thereafter be under the jurisdiction of, the City and the City shall maintain, at the City's expense, all of the Improvements after completion and acceptance thereof by the City. Necessary permits shall be obtained for all work described in this Agreement. 4 8. The Developer agrees that it shall be fully responsible for all the Improvements in the Development and appurtenances thereto during the period the Improvements are being constructed and continuing until the Improvements are accepted by the City (the "Construction Period"). Damages that may occur to the Improvements during the Construction Period shall be replaced or repaired by the Developer. The Developer's obligations under this Paragraph 8., as to any improvement, terminates upon acceptance of that improvement by the City. 9. The Developer shall take all reasonable precautions to protect persons and property of others on or adjacent to the Development from injury or damage during the Construction Period. This duty to protect shall include the duty to provide, place and maintain at and about the Development, lights and barricades during the Construction Period. 10. If the persons or property of others sustain loss, damage or injury resulting directly or indirectly from the work of the Developer or its subcontractors or materialmen in their performance of this Agreement or from its failure to comply with any of the provisions of this Agreement or of law, the Developer shall indemnify and hold the City harmless from any and all claims and judgments for damages, and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason thereof, provided; however, that the City shall provide to the Developer promptly, in writing, notice of the alleged loss, damage or injury. 11. Except as otherwise provided in Paragraph 12. below, the Developer shall indemnify and save harmless the City, its officers, agents and employees, and shall defend the same, from and against any and all liability, claims, loss, damages, interest, actions, suits, judgments, costs, expenses, and attorneys' fees, to whomsoever owed and by whomsoever and whenever brought or obtained, which in any manner results from or arises in connection with: (a) the negligent or willfully wrongful performance of this Agreement by the Developer or any subcontractor retained by the Developer; (b) the negligent or willfully wrongful construction of the Improvements by the Developer or by any of said subcontractors; (c) the negligent or willfully wrongful operation of the Improvements by the Developer during the Construction Period; (d) the violation by the Developer or by any of said subcontractors of any applicable law, rule, regulation, order or ordinance; or (e) the infringement by the Developer or by any of said subcontractors of any patent, trademark, trade name or copyright. 5 12. Anything in this Agreement to the contrary notwithstanding, the Developer shall not be obligated to indemnify the City or the City's officers, agents or employees (collectively the "Indemnified Parties") from any liability, claim, loss, damage, interest, action, suit, judgment, cost, expenses or attorneys fees which arise from or as a result of the negligence or willful misconduct of any of the Indemnified Parties. 13. The Developer hereby guarantees that the Improvements will be free of defects in material and/or workmanship for a period of one (1) year from the date of acceptance of the Improvements by the City. To secure the Developer's obligations under said guaranty upon acceptance of the Improvements by the City, the Developer will provide to the City a Financial Guarantee equal to 10% of the sub-total in Exhibit "D of the total Improvements Costs, which Financial Guarantee shall expire one (1) year after the Improvements have been accepted by the City or continue the existing base Financial Guarantee maintaining a minimum of 10% of the sub-total in Exhibit"D"of the total Improvements Costs for one (1) year after the improvements have been accepted by the City. This Financial Guarantee shall be a partial continuation of, and not in addition to, the Financial Guarantee described in Paragraph 5. above. 14. (a) The Developer shall not commence work on the Improvements until the Developer or its general contractor has obtained all insurance coverage required under this Paragraph 14. and has filed certificates thereof with the City: A. General/Commercial Liability $1,000,000 per each occurrence for bodily (requirement of Developer) injury, personal injury, and property damage $2,000,000 per general aggregate, CITYshall be named as an additional insured onaprimary,non-contributory basis. B. Automobile Liability $1,000,000 combined single limit (requirement of Developer) CITYshallbenamedasanadditionalinsured onaprimary,non-contributory basis. C. Contractor's Pollution Liability $1,000,000 per occurrence (requirement of general $2,000,000 aggregate contractor, not Developer) CITYshallbenamedasanadditionalinsured onaprimary,non-contributory basis. 6 $10,000,000 per occurrence for bodily injury, personal injury, and property D. Umbrella or Excess Liability Coverage for General/Commercial, Automobile Liability (requirement of CITYshall be named as an additional insured Developer) onaprimary,non-contributory basis. Contractorwillprovideawaiverof subrogation and/orany rightsof recovery allowedunderany workers'compensation law. E. Worker's Compensation and Statutory Employers' Liability (requirement of Developer) F. Professional Liability (Errors $2,000,000 single limit & Omissions) (requirement of the general contractor, not Developer) (b) The Developer shall file a certificate of insurance containing a thirty (30) day notice of cancellation to the City prior to any cancellation or change of said insurance coverage which coverage amounts shall not be reduced by claims not arising from this Agreement. 15. The Developer shall not be released or discharged of its obligations under this Agreement until the City has completed its final inspection of all the Improvements and the City has issued its written approval of all of the Improvements, which approval shall not be unreasonably withheld or delayed, and Developer has paid all of the Improvements Costs, at which time the Developer shall have no further obligations under this Agreement except for the one (1) year guaranty under Paragraph 13. 16. The Developer and the City hereby agree that the cost and value of the Improvements will become an integral part of the value of the Development and that no future lot assessments or other types of special assessments of any kind will be made against the Development by the Developer or by the City for the benefit of the Developer, to recoup or obtain the reimbursement of any Improvement Costs for the Developer. 17. Execution and performance of this Agreement shall be accepted by the City as adequate provision for the Improvements required by the City Engineer. 18. Penalties for Developer's failure to perform any or all parts of this Agreement shall be in accordance with Division 15-9.0500, Violations, Penalties, and Remedies of the Unified Development Ordinance and §1-19. Penalty provisions of the City of Franklin Municipal Code, as amended from time to time, in addition to any other remedies provided by law or in equity so that the City may obtain Developer's compliance with the terms of this Agreement as necessary. This Agreement shall be binding upon the parties hereto and their respective successors and assigns, excepting that the parties hereto do not otherwise intend the terms or provisions of this 7 Agreement to be enforceable by or provide any benefit to any person or entity other than the party of the first part and the party of the second part. Developer shall not convey or assign any of its rights or obligations under this contract whatsoever without the written consent of the City, which shall not be unreasonably withheld upon a showing that any successor or assignee is ready, willing and able to fully perform the terms hereof and the Developer remains liable hereunder. This Agreement shall run with the land. [The remainder of this page is intentionally left blank. Signatures are on the following pages.] 8 IN WITNESS WHEREOF, the said party of the first part has set its hand and seal and the said party of the second part has caused these presents to be duly executed by John R. Nelson, Mayor, and Shirley J.Roberts, City Clerk, and its corporate seal to be hereunto affixed as of the day and year first above written. SEALED IN PRESENCE OF: LXL PG ApartmentsLLC By: LXL PG Apartments Sponsor LLC, its Manager By: _ Name: Ian B. Martin Title: Manager Party of the First Part STATE OF WISCONSIN ) )ss. COUNTY ) Personally came before me this ( day) of 2 U> the ab0Ve a 11€d Ol an d acknowledged that [she/he] executed the foregoing instrument as such officer as the deed of said _ [ V 1[ Q1[[ 11[V, (type or This instrument was acknowledged before me on (date) by (name(s) of person(s)) as of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed). Notary Public,C ounty, WI ( ) My commission expires: _ CITY OF FRANKLIN By:- - - - - - - - - - - - - - ­ Name: John R. Nelson Title: Mayor COUNTERSIGNED: By:- - - - - - - - - - - - - - ­ Name: Shirley J.Roberts 9 Title: City Clerk Party of the Second Part STATE OF WISCONSIN ) )ss. _ _ _ _ COUNTY ) Personally came before me this day of _, 20_ , the above named John R. Nelson, Mayor, and Shirley J. Roberts, City Clerk, of the above named municipal corporation, City of Franklin, to me known to be such Mayor and City Clerk of said municipal corporation, and acknowledged that they had executed the foregoing instrument as such officers as the Deed of said municipal corporation by its authority and pursuant to Resolution No., adopted by its Common Council on the day of _ _ _ _ _ _ _ _ _ _ _,2 0_ Notary Public, Milwaukee County, WI ( ) My commission expires: _ This instrument was drafted by the City Engineer for the City of Franklin. Form approved: Jesse A. Wesolowski, City Attorney 10 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F INDEX OF EXH IBITS TO DEVELOPM ENT AG REEM ENT FOR PO TH S GENERA L Legal Description of Development General Description of Required Development Improvements General Development Requirements Estimated Improvement Costs Additional Development Requirements Construction Specifications 11 EXH IBIT "A " TO DEVELO PM ENT AGREEM ENT FOR PO TH S GENERA L LEGAL DESCRIPTION OF DEVELOPMENT Lot 2 of Certified Survey Map No. 9770, a redivision of Lot 2, Certified Survey Map No. 8318, Outlot 1 of Certified Survey Map No. 6313, and Outlot 1 of Certified Survey Map No. 5401, all being a part of the Northwest 1/4 of the Northwest 1/4 of Section 10, Township 5 North, Range 21 East, in the City of Franklin, County of Milwaukee, State of Wisconsin. 12 EXHIBIT "B" TO DEVELOPMENTAGREEMENT FOR POTHSGENERAL GENERAL DESCRIPTION OF REQUIRED DEVELOPMENT IMPROVEMENTS Description of improvements required to be installed to develop the Poths General Development. *S Denotes contract for improvements to be awarded, financed and paid for by the Developer in lieu of special assessments. *C Denotes contract for improvements to be awarded by the City, but financed and paid for by the Developer in accordance with this agreement. (N.A.) (1) Denotes improvement 1s not required to be installed in the Development. Denotes that the City is to pay for a portion of the improvement, in accordance with this agreement, as computed by the City Engineer. General Description of Improvements (refer to additional sheets for concise breakdown) 1. Grading and erosion control within the Development in conformance with *S the approved grading and erosion control plans. 2. Installation of concrete sidewalk to the approved grade and in accordance *S with present City specifications. 3. Installation of concrete or asphalt permanent pavement with vertical face *S concrete curb and gutter in accordance with present City specifications. 4. Concrete walks in dedicated pedestrian ways and easements in the *S Development as approved by the City. 13 5. San itary sewer main and appurtenances in the streets and/or easement in *S the Development, to such size and extent as determined by the master sewer plan and/or City Engineer, as necessary to provide adequate service for the final Development and drainage area. 6. Water main and fittings on the site and/or easements in the Development, *S to such size and extent as determined by the master water plan and/or the City Engineer as necessary to provide adequate service for the final Development and service area. 7. Laterals and appurtenances from sanitary sewer main to the site and/or *S buildings in accordance with the plans approved by the City Engineer. 8. Water system and sanitary sewer system as approved by the City *S Engineer. 9. Laterals and appurtenances from water main to the site and/or buildings in *S accordance with the plans approved by the City Engineer. 10. Hydrants and appurtenances provided and spaced to adequately service *S the area and as the City shall require. 12. 13. Protective fencing adjacent to pedestrian ways, etc. Engineering, planning and administration services as approved. (N.A.) *S 14. Storm water management facilities as determined and/or approved by the *S City to adequately drain the surface water from the Development and drainage basin area in accordance with the approved storm water management plan and/or approved system plan. 15. Street lighting and appurtenances along the street right-of-way as *C determined by the City. 17. Title evidence on all conveyances. 14 *S EXHIBIT "C" TO DEVELOPMENTAGREEMENT FOR POTHSGENERAL GENERAL DEVELOPMENT REQUIREMENTS I. GENERAL A. The Developer shall prepare a CSM, plans for improvements, as-built drawings of the improvements and all other items in accordance with all applicable state laws and City ordinances and regulations. B. All improvements shall be installed in accordance with all City specifications and ordinances. C. The entire Development as proposed shall be recorded. II. LOT SIZE AND UNIT SIZE A. Lots 1. All lots shall be as shown on the final approved CSM. III. WATER SYSTEM A. Availability 1. The Developer shall provide for the extension of the water system to the public right-of-way abutting properties by laying water pipe in public right-of-way or in water easement to the exterior lot line of the Development as directed by the City Engineer. 4. Fire hydrants shall be available to the City's Fire and Public Works Departments, and both City Departments shall have free and unlimited use of the water. B. Construction 1. All construction shall be in accordance with the specifications of the City. 2. Inspection of the work shall be at the Developer's expense. 15 3. Mains and appurtenances including all pipe, hydrants, gate valves, laterals and curb stop boxes shall be installed. IV. SANITARY SEWER SYSTEM A. Components Sanitary sewerage service through and within the Development shall be provided. It shall consist of without limitation because of enumeration, sanitary sewer, manholes, appurtenances, laterals, and other appurtenances. B. Availability 1. Each and every building in the Development shall be served by a sanitary sewer. 2. Laterals shall be laid to the lot line of each and every lot. 3. a) The Developer shall provide for the extension of the sanitary sewer system to the public right-of-way abutting properties by laying sewer pipe to the exterior lot lines of the Project as directed by the City Engineer, and in accordance with system plans as approved by Milwaukee Metropolitan Sewerage District. b) In the event that adjacent property own ers request sewer service prior to the time the sewer extensions are installed to the exterior boundaries of the Project as described in Section IV. B. 3.(a) above, the City is hereby granted the right to install said extensions within the Project at the expense of the Developer. All costs for installing sewer systems outside of the boundaries of the Subdivision shall be paid by the adjacent property own ers upon any special assessment proceedings had by the City or waiver thereof by the adjacent property owners pursuant to Wis. Stat. § 66.0701 Special assessments by local ordinance, and §207.15. Special assessments, of the Municipal Code. V. STORM DRA INAGE A. Components Storm drainage through and within the Development shall be provided by means of storm sewer, culverts and ditches installed within the road required as per approved system plan. It shall consist of, without limitation because of enumeration, sewers, culverts, pipes, manholes, catch basins, inlets, leads, open swales, retention basins and absorption ponds as determined by the City Engineer. 16 The City, at the determination of the City Engineer, may have the storm drainage system reviewed by a consultant engineer at the Developer's cost. B. Endwalls 1. Endwalls shall be approved by the City Engineer. 2. Endwalls shall be installed on each and every culvert and at all open ends of storm sewers. C. Outfalls and Retaining Walls 1. Outfalls and retaining walls shall be built where required by the City Engineer. 2. The structural design of any retaining wall of three feet in height or more, shall be done by a licensed professional engineer registered in the State of Wisconsin. D. Responsibility of Discharged Water 1. The Developer shall be responsible for the storm drainage until it crosses the exterior property line of the Development or until it reaches a point designated by the City outside of and adjacent to the property from which the water crosses over, under or through artificial or natural barriers. The water shall be brought to said point by an open ditch or other means as directed by the City Engineer. 2. However, if the Developer of the Development will, in the opinion of the City Engineer and based on verifiable stormwater studies and calculations, cause water problems downstream from the Development which will reasonably require special consideration, the Developer shall comply with such terms as the City Engineer may require to prevent these problems. Said terms shall be made part of those documents under the section titled "Special Provisions". VI. EASEMENTS A. Drainage 1. All drainage easements dedicated to the public shall be improved as follows: a) Storm sewer or open channel, unless otherwise agreed upon by the Developer and the City. 17 b) Side slopes no steeper than 4:1. c) Landscaped in accordance with the applicable City regulations and/or approvals condition for the Project for landscaping requirements or, in the case of storm sewer, as directed by the City Engineer. 2. Pedestrian a) The pedestrian walks shall be concrete or asphalt as required by city Engineer and shall be ten (10) feet wide. b) The edge of the walk shall be at least one (1) foot from either side of the easement. VII. PERMITS ISSUED A. Building Permits 1. No building permits shall be issued until: a) A functional and operational sanitary, storm sewer and water main have been installed, tested and approved. b) Storm water management facilities have been rough graded certified and approved by the City Engineer. d) The CSM has been recorded. e) All Development monuments have been set. B. Occupancy Permits 1. No occupancy permits shall be issued until: b) The gas, telephone and electrical services have been installed and are in operation. c) The full water system is installed, tested and approved. d) The site is stabilized and all storm water management facilities have been re-certified and approved by the City Engineer. e) The full sanitary main has been installed, tested and approved. C. Soil Disturbance Permit 18 1. Soil disturbance permits may be issued upon: a) City review and approval b) Wisconsin Department of Natural Resources approval of the WRAPP c) MMSD stormwater system approval VIII. DEED RESTRICTIONS A. A Financial Guarantee approved by the City Attorney in the full amount of all non-assessable improvements not yet installed and approved as of the date of this Agreement shall be submitted to the City before any permits are issued. B. The time of completion of improvements. 1. The Developer shall take all action necessary so as to have all the improvements specified in this Agreement installed and approved by the City before two years from the date of this agreement. 2. Should the Developer fail to take said action by said date, it is agreed that the City, at its option and at the expense of the Developer, may cause the installation of or the correction of any deficiencies in said improvements. X. CHARGES FOR SERVICES BY THE CITY OF FRANKLIN A. Fee for Checking and Review At the time of submitting the plans and specifications for the construction of the Development improvements, a fee equal to two-and-one-fourth percent (24 %) of the cost of the improvements as detailed on Exhibit D and estimated by the City Engineer at the time of submission of improvement plans and specifications, to partially cover the cost to the City of checking and reviewing such plans and specifications provided that cost does not exceed $250,000.00; a fee equal to one­ and-three-fourth percent (1% %) of such cost, if the cost is in excess of $250,000.00, but not in excess of $500,000.00; and one-and-one-fourth percent (1¼%)of said cost in excess of $500,000.00. At the demand of the Developer or City Engineer, the fee may be recomputed after the work is done in accordance with the actual cost of such improvements and the difference, if any, shall be paid by or remitted to the Developer. Evidence of cost shall be in such detail and form as required by the City Engineer. B. For the services of testing labs, consulting engineers and other personnel, the Developer agrees to pay the City the actual charge plus five (5%) percent for administration and overhead. 19 EXHIBIT"D" TO DEVELOPMENTAGREEMENT POTHSGENERAL ESTIMATED IMPROVEMENT COSTS All improvement costs, including but not limited to preparation of plans, installation of facilities and inspection shall be borne by the Developer in accordance with Paragraph (4) of this Agreement. Said costs for the project are estimated to be as follows: COSTS DESCRIPTION Grading of Stormwater Ponds (including $168,414 Erosion Control) Sanitary System $102,086 Water System $74,914 Storm Sewer System NIA Paving (including sidewalk) $57,000 Street Trees ( x $400/lot) NIA Street Lights ( ) @approximately $5,000/ea. NIA Street Signs NIA Underground Electric, Gas and Telephone NIA Retention Basin NIA SUBTOTAL $413,769 Engineering/Consulting Services Municipal Services $28,964 (7% of Subtotal) Contingency Fund $97,267 (20% of Subtotal plus additional $14,513 to match LOC) TOTAL: $540,000 APPROVED BY: Date: _ Michael N. Paulos, P.E. City Engineer 20 EXH IBIT "E" TO DEVELO PM ENT AGREEM ENT FOR PO TH S GENERAL ADDITIONAL DEVELOPMENT REQUIREMENTS 1. The Developer shall make every effort to protect and retain all existing trees, shrubbery, vines and grasses pursuant to the approved Natural Resource Protection Plan (the "NRPP"). Trees shall be protected and preserved during construction in accordance with sound conservation practices as outlined in $$15-8.0204A. through F. of the Unified Development Ordinance. 2. The Developer shall cause all grading, excavations, open cuts, side slopes and other land surface disturbances to be so mulched, seeded, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with the plans and specifications approved by the City Engineer as outlined in §§15-8.0203H.1. through 5. of the Unified Development Ordinance. 3. The Developer agrees to pay the City for street trees planted by the City on _ _ _ _ _ _ _ at the rate of $400 per tree with a planting distance between trees of 85 feet on the average. The City shall determine the planting schedule and shall be responsible for tree maintenance and replacement except for damage caused by the Developer, the Developer's sub-contractors, or the lot owners. 4. The Developer shall be responsible for cleaning up the debris that has blown from buildings under construction within the Development. The Developer shall clean up all debris within forty-eight (48) hours after receiving a notice from the City Engineer. 5. The Developer shall be responsible for cleaning up the mud and dirt on the roadways until such time as the final lift of asphalt has been installed. The Developer shall clean the roadways within forty-eight (48) hours after receiving a notice from the City Engineer. 6. Prior to commencing site grading, the Developer shall submit for approval by the City Engineer an erosion and silt control plan. Said plan shall provide sufficient control of the site to prevent siltation downstream from the site. The Developer shall maintain the erosion and siltation control until such time that vegetation sufficient to equal pre­ existing conditions has been established. 21 7. The Developer shall preserve the environmental natural resource features as shown on the Natural Resource Protection Plan and shall install an orange construction fence and silt fence around the environmental natural resource features prior to land disturbing. 8. The Developer shall install an 8-inch diameter water main as approved by the City Engineer shown in utility construction documents prepared by Sigma Group and dated July 2, 2026. 9. Prior to commencing any land disturbance, the Developer shall employ a forestry expert approved by the City Forester to review the development and during the development process make periodic inspections to monitor the activity relative to the protection of the woodlands. Periodic reports shall be furnished to the City Forester, Planning Manager and City Engineer, the purpose of these requirements being to ensure compliance with the Unified Development Ordinance. 10. The Developer has the obligation to cut weeds to conform to the City's noxious weed ordinance. 11. The Developer shall construct storm water management facilities as required in the Storm Water Management Plan in accordance with the plans and specifications approved by the City Engineer. Maintenance of said storm water management facilities shall be the responsibility of the Developer. 12. The Developer is responsible for the care and maintenance of all common lands, including all storm water management facilities, and other green areas. The Developer is responsible to recert ify the storm water management facilities after the site is stabilized and prior to final approvals by the City Engineer. 13. Construction Requirements: a) Prior to any construction activity on the site, Developer shall prepare a gravel surfaced parking area within the boundaries of the site. b) During construction, all vehicles and equipment shall park on the site. Parking shall not be permitted on any external public right-of-way. c) Prior to issuance of any building permits all necessary grading and improvements shall be completed as directed by the City Engineer. d) All traffic shall enter the site from76THStreet and Rawson Avenue. 14. The Developer shall provide for the connection to the existing 76 Street and Rawson Avenue and install any necessary curb and gutter and pavement. 22 EXH IBIT "F" TO DEVELOPM ENT AGREEM ENT FOR PO TH S GENERA L CONSTRUCTION SPECIFICATIONS The following specifications shall be used for the construction of the various improvements. ITEM SPECIFICATION Storm & Sanitary Sewer STANDARD SPECIFICATIONS FOR SEWER AND WATER CONSTRUCTION IN WISCONSIN , most current edition CITY OF FRANKLIN Water Mains STANDARD SPECIFICATIONS FOR SEWER AND WATER CONSTRUCTION IN WISCONSIN, most current edition CITY OF FRANKLIN Concrete Curb & Gutter CITY OF FRANKLIN Streets: Construction CITY OF FRANKLIN Materials Asphalt CITY OF FRANKLIN Aggregate CITY OF FRANKLIN Concrete CITY OF FRANKLIN Cross Section CITY OF FRANKLIN 23 APPROVAL REPORTS& RECOMMENDATIONS REQUESTFOR COUNCILACTION RESOLUTIONTOAPPROVEAMENDMENT 13TOTASK ORDERNO. 5INTHEAMOUNTOF$45,700.00To RUEKERT& MIELKE, INC. MEETINGDATE 9/15/2026 ITEMNUMBER H.4.Aid.Dist.# 4 BACKGROUND On June 5, 2018 the Common Council approved a contract with Ruekert & Mielke, Inc. for professional services task order related to engineering in Corporate Park, TID 8 (formerly TID 4). This amendment to their current contract includes additional services for TID 8 assistance. The additional services and modifications to their contract are in the amendment 13 documents included with this council action sheet. FISCALNOTE The scope of services would be funded through TID 8. RECOMMENDATION Staff recommends that the Council approve Amendment 13 to Task Order No. 5 in the amount of $45,700.00 to Ruekert & Mielke, Inc. COUNCILACTIONREQUESTED (Optional) Motion to adopt Resolution No. 2026 - , a resolution to approve Amendment 13 to Task Order No. 5 in the amount of $45,700.00 to Ruekert & Mielke, Inc. DOA - KH; Engineering - MNP STATE OF WISCONSIN : CITY OF FRANKLIN : MILWAUKEE COUNTY RESOLUTION NO. 2026­ A RESOLUTION TO APPROVE AMENDMENT 13 TO TASK ORDER NO. 5 IN THE AMOUNT OF $45,700.00 TO RUEKERT & MIELKE, INC. --------------------------------------------------------------------------------------------------------------- WHEREAS, On June 5th, 2018 the Common Council approved a contract with Ruekert & Mielke, Inc. for professional services task order related to engineering in Corporate Park, TID 8 (formerly TID 4); and WHEREAS, This amendment to their current contract includes additional services for TID 8 assistance; and NOW, THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of Franklin, Wisconsin, to approve amendment 13 to Task Order No. 5 in the amount of $45,700.00 to Ruekert & Mielke, Inc. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed to execute Amendment 13 to Task Order No. 5 on behalf of the City. Introduced at a regular meeting of the Common Council of the City of Franklin this day of 2026 by Alderman _ Passed and adopted at a regular meeting of the Common Council of the City of Franklin this day 0f 2026. APPROVED: John R. Nelson, Mayor ATTEST: Shirley J. Roberts, City Clerk AYES NOES ABSENT Amendment 13 ToTask Order No. 5 - consistingof 8 pages(includingattachments), referred to in and part ofthe Agreement between Owner and Engineer for Professional Services- Task Order Edition dated November 4, 2014. 1. Background Data: a. Effective Date of Task Order 5: June 5, 2018 b. c. d. Owner: Engineer: Specific Project: City of Franklin Ruekert &Mielke, Inc. Franklin Corporate Park- Phase IImprovements 2. Description of Modifications a. Engineer shall perform thefollowing Additional Servicesfor the redesign and bidding of the improvementsto W. Elm Road from South Hickory Street to South 27 S treet: Update Traffic Impact Analysis (TIA) • Coordination with subconsultant • Attend meeting with City staff and subconsultant to review parametersofT IA update • Prepare update to TIA • Attend meetingwith City staff to review update document and findings Geotechnical Investigation • Coordination with subconsultant • Drill five additional soil boringson Elm Road each with aplanned depth of 25feet • Utility locatesand trafficcontrolfor drilling operations • Preparation of soil boring logs • Preparation of geotechnical investigation report with revised pavement thickness design recommendations based on updated traffic usage determined in theTIA • Survey of soil boring locations • Attend meetingwith City staff to review soil boringsand geotechnical data report • Show soil boring locationsonthe construction drawings • Update pavement thickness design using recommendations from the geotechnical investigation report asapproved bythe City of Franklin b. Servicesspecifically excluded from this amendment because they are already completed, assumed to be unnecessary for this project or cannot be appropriately scoped out at thistime are asfollows: • Servicesnot specifically noted above • Private utility locates • TrafficSignal Design AmendmenttoTaskOrder EJCDC E-505,Agreement BetweenOwnerandEngineerforProfessionalServices- TaskOrderEdition. Copyright© 2014 NationalSocietyof ProfessionalEngineers,AmericanCouncilof EngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Page1 • Design of revised Improvements to W. Elm Road or W. Elm Road/S. 27th Street intersection that may be recommended by the updated TIA c. The responsibilities of Owner with respect to the Task Order are modified asfollows: • Expedite City review and approval processes. • Provide Project Manager to coordinate Owner'sactivities. • Provide legal services as required for Project. • Attend Project meetings. • Coordinate with City's Financial Advisors. d. For the Additional Services or the modificationsto servicesset forth above, Owner shall pay Engineer the following additional compensation: • Ruekert & Mielke, Inc. will perform tasksasdirected by City Staff on an hourly basis plus reimbursable expenses. • Basic Services: $45,700.00 • The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. e. The schedule for rendering services under thisTask Order is modified asfollows: • Begin the Work upon execution of thistask order amendment. • Thisscope of serviceswill be completed on a mutually agreeable schedule to be determined and issubject to availability of subconsultants. 3. Modificationsto Agreement and Exhibits: • Replace Appendices 1and 2to Exhibit Cin Agreement with the attached: o Appendix 1to Exhibit C - Reimbursable ExpensesSchedule- 2026. o Appendix 2to Exhibit C - Standard Hourly RatesSchedule - 2026. • Replace Exhibit Gin Agreement with the attached, which iseffective for services provided under Amendments7, 8, 9, 10, 11, 12 and 13to Task Order No. 5 only: o Exhibit G(Revised)- Insurance. 4. Attachments: • Appendix 1to Exhibit C - Reimbursable Expenses Schedule - 2026. • Appendix 2to Exhibit C - Standard Hourly RatesSchedule - 2026. • Exhibit G(Revised) - Insurance. 5. Consultantsretained asof the Effective Date of the Task Order: • Traffic Analysis and Design, Inc. • Terracon Consultants, Inc. AmendmenttoTaskOrder EJCDC" E-505,Agreement BetweenOwnerand EngineerforProfessionalServices--TaskOrderEdition. Copyright© 2014 NationalSocietyof Professional Engineers, AmericanCouncilof EngineeringCompanies, andAmericanSocietyofCivilEngineers. Allrightsreserved. Page2 6. Task Order 5Summary (Reference Only) a. b. C. d. Original Task Order amount: Net change for prior amendments: This amendment amount: Adjusted Task Order amount: $ 1,201,850.00 $ 1,283,269.00 $ 45,700.00 $ 2,530,819.00 The foregoing Task Order Summary isfor reference only and does not alter the terms of the Task Order, including those set forth in Exhibit C. Amendment toTaskOrder EJCDC® E-505,Agreement BetweenOwnerandEngineerforProfessionalServices- TaskOrderEdition. Copyright© 2014 NationalSocietyof ProfessionalEngineers,AmericanCouncilof EngineeringCompanies, andAmericanSociety ofCivil Engineers. Allrightsreserved. Page3 Owner and Engineer hereby agree to modify the above-referenced Task Order asset forth in this Amendment. All provisions of the Agreement and Task Order not modified by this amendment or previousAmendments remain in effect. The Effective Date of thisAmendment isupon execution by the City of Franklin. OWNER: ENGINEER: By: Name: John R. Nelson By: Name: Digitally signed by Ryan R A t Amtmann yan m mann Date 2026 09 0812 54 01 -05'00' Ryan Amtmann, P.E. (WI, IL, MI) Title: Date Signed: By: Name: Title: Date Signed: By: Name: Title: Date Signed: Mayor Shirley J. Roberts City Clerk Danielle L.Brown Director of Finance and Treasurer Title: Date Signed: September 8, 2026 Vice President APPROVEDASTO FORM: By: Name: Title: Date Signed: Jesse A. Wesolowski City Attorney Amendment toTaskOrder EJCDC® E-S0S,Agreement BetweenOwnerandEngineerforProfessionalServices--TaskOrderEdition. Copyright© 2014 NationalSocietyofProfessional Engineers,AmericanCouncilof EngineeringCompanies, andAmericanSocietyofCivil Engineers. Allrightsreserved. Page4 Appendix 1to Exhibit C- Reimbursable ExpensesSchedule - 2026 MISCELLANEOUS Mileage For Engineers and Technicians For Construction Review Technicians For Survey Crews Print Productions Color copies B&Wcopies Color plots Scanning GPS equipment ATV fee Robotics equipment Drone (Marketing) Drone (Survey) 01/09/26 - Appendices 1and 2 to Exhibit C - 2026 Rate Schedules­ .725/mile .765/mile .935/mile .50/sq. foot .40/page .15/page 2.50/sq. foot .50/scan 140.00/day 135.00/day 140.00/day 100.00/day 500.00/day Appendix 2 to Exhibit C- Standard Hourly Rates Schedule --2026 STANDARD HOURLY RATES STANDARD HOURLY RATES ENGINEERING SERVICES CONSTRUCTION REVIEW SERVICES Engineer 1 $ 133 00 Construction Review Technician 1 $ 96.00 Engineer 2 154.00 Construction Review Technician 2 115.00 Engineer 3 164.00 Senior Construction Review Technician 131.00 Engineer 4 189.00 Erosion Control Specialist 131.00 Engineer 5 199.00 Construction Review Manager 166.00 Engineer 6 211.00 Engineer 7 233.00 Note: Overtime rates will be 120% of standard Engineer 8 246.00 rate for construction review services Engineer Technician 125.00 Designer 153.00 ADMINISTRATIVE SERVICES Senior Designer 153.00 Administrative Assistant 97.00 PROFESSIONAL CONSULTING SERVICES Environmental Scientist 1 Environmental Scientist 3 Environmental Scientist 4 Environmental Scientist 5 GIS Analyst 2 Senior SCADA Analyst 1 Senior SCADA Analyst 2 Landscape Architect Lead SURVEYING SERVICES Surveying Technician Surveyor Professional Surveyor 135.00 154.00 163.00 171.00 174.00 174.00 226.00 211.00 $115.00 135.00 175.00 01/09/26 - Appendices 1 and 2 to Exhibit C - 2026 Rate Schedules-- This is EXHIBIT G (REVISED), consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services ­ Task Order Edition dated November 4, 2014. Insurance Paragraph 6.05 of the Agreement isamended and supplemented to includethe following agreement of the parties. G6.05 Insurance A. The limits of liability for the insurance required by Paragraphs 6.05.A and 6.05.B of the Agreement areasfollows: 1. By Engineer: a. Workers' Compensation: Statutory b. Employer's Liability- 1) 2) 3) Bodily injury, each accident: Bodily injury by disease, each employee: Bodily injury/disease, aggregate: $1,000,000 $1,000,000 $1,000,000 c. General Liability ­ 1) 2) Each Occurrence (Bodily Injury and Property Damage): General Aggregate: $2,000,000 $4,000,000 d. Excessor Umbrella Liability- 1) 2) Each Occurrence: General Aggregate: $10,000,000 $10,000,000 e. Automobile Liability- Combined Single Limit (Bodily Injury and Property Damage): $1,000,000 f. Professional Liability- 1) 2) Each Claim Made: Annual Aggregate: $5,000,000 $5,000,000 Exhibit G(Revised)- Insurance EJCDC®E-505, Agreement BetweenOwnerandEngineerforProfessionalServices- TaskOrderEdition. Copyright 2014 NationalSocietyof ProfessionalEngineers,AmericanCouncilof EngineeringCompanies, andAmericanSocietyof Civil Engineers. Allrightsreserved. Page1 B. Additional Insureds: 1. The City of Franklin shall be named as an additional insured on a primary, non-contributory basisfor General/Commercial Liability, Automobile Liability and Umbrellacoverage. Exhibit G(Revised)- Insurance EJCDC® E-505,Agreement BetweenOwnerandEngineerforProfessionalServices- TaskOrderEdition. Copyright © 2014 NationalSocietyofProfessionalEngineers, AmericanCouncilof EngineeringCompanies, andAmericanSocietyof CivilEngineers. Allrightsreserved. Page2 APPROVAL REPORTS& RECOMMENDATIONS REQUESTFOR COUNCILACTION A RESOLUTION CONDITIONALLY APPROVING A TWO-LOT CERTIFIED SURVEYMAP,A REDIVISION OFA PART OFLOT2OFCERTIFIED SURVEYMAP NO.9716,BEING APART OFTHE SOUTHEAST¼ AND NORTHEAST¼ OF THESOUTHWEST¼ OFSECTION 8, TOWN 5NORTH,RANGE21EAST,CITY OFFRANKLIN,MILWAUKEECOUNTY, WISCONSIN (MIDLAND COMMERCIAL DEVELOPMENT CORP.,PROPERTY OWNER) (7765 SLOVERS LANEROAD) MEETING DATE 09/15/2026 ITEMNUMBER Aid.District2 At its September 3rd meeting, the Plan Commission recommended approval of a resolution conditionally approving a two-lot certified survey map, a redivision of a part of lot 2 of certified survey map no. 9716, being a part of the southeast ¼ and northeast ¼ of the southwest ¼ of section 8, town 5 north, range 21 east, City of Franklin, Milwaukee County, Wisconsin (Midland commercial development corp., Property Owner) (7765 S Lovers Lane Road) The vote was 4-0-2, five "ayes", no "noes" and two absents. COUNCILACTION REQUESTED A motion to approve Resolution No. 2026-> conditionally approving a two­ lot Certified Survey Map, redivision of a part of Lot 2 of Certified Survey Map No. 9716 in the Southeast ¼ and Northeast ¼ of the Southwest ¼ of Section 8, Town 5 North, Range 21 East, City of Franklin, Milwaukee County, Wisconsin (Steve Rolfe, Midland Commercial Development Corporation, Property Owner) (7765 S Lovers Lane Road) Planning: LH STATE OF WISCONSIN CITY OF FRANKLIN RESOLUTION NO. 2026­ MILWAUKEE COUNTY A RESOLUTION CONDITIONALLY APPROVING A TWO-LOT CERTIFIED SURVEY MAP, A REDIVISION OF A PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OF THE SOUTHEAST ¼ AND NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 8, TOWN 5 NORTH, RANGE 21 EAST, CITY OF FRANKLIN, MILWAUKEE COUNTY, WISCONSIN (MIDLAND COMMERCIAL DEVELOPMENT CORP., PROPERTY OWNER) (7765 S LOVERS LANE ROAD) WHEREAS, the City of Franklin, Wisconsin, having received an application for approval of a certified survey map, such map being a redivision of A part of Lot 2 of Certified Survey Map No. 9716, being a part of the Southeast ¼ and Northeast ¼ of the Southwest ¼ of Section 8, Town 5 North, Range 21 East, in the City of Franklin, Milwaukee County, Wisconsin. WHEREAS, the Common Council having reviewed such application and Plan Commission recommendation and the Common Council having determined that such proposed certified survey map is appropriate for approval pursuant to law upon certain conditions. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of Franklin, Wisconsin, that the Certified Survey Map submitted by Midland Commercial Development Corp., as described above, be and the same is hereby approved, subject to the following conditions: 1. That any and all objections made and corrections required by the City of Franklin, by Milwaukee County, and by any and all reviewing agencies, shall be satisfied and made by the applicant, prior to recording. 2. That all land development and building construction permitted or resulting under this Resolution shall be subject to impact fees imposed pursuant to $92-9 of the Municipal Code or development fees imposed pursuant to $15-8-10 of the Unified Development Ordinance, both such provisions being applicable to the development and building permitted or resulting hereunder as it occurs from time to time, as such Code and Ordinance provisions may be amended from time to time. 3. Each and any easement shown on the Certified Survey Map shall be the subject of separate written grant of easement instrument, in such form as provided within the Cityof FranklinDesignStandardsandConstructionSpecificationsand such form and content as may otherwise be reasonably required by the City Engineer or designee to further and secure the purpose of the easement, and all being subject to the approval of the Common Council, prior to the recording of the Certified Survey Map. MIDLAN D COMMERCIAL DEVELOPMENT CORP. - CERTIFIED SUR VEY MAP RE SOLUTION N O. 2026-- - Page 2 4. Midland Comm ercial Development Corp., successors and assigns, and any developer of the Midland Commercial Development Corp. two (2) lot certified survey map project, shall pay to the City of Franklin the amount of all development compliance, inspection and review fees incurred by the City of Franklin, including fees of consults to the City of Frankl in, within 30 days of invoice for same. Any violation of this provision shall be a violation of the Unified Development Ordinance, and subject to §15-9-14 thereof and §1- 19 of the Municipal Code, the general penalties and remedies provisions, as amended from time to time. 5. The approval granted hereunder is conditional upon Midland Commercial Development Corp. and the two (2) lot certified survey map project for the property located at 7765 S Lovers Lane Road: (i) being in compliance with all applicable governm ental laws, statutes, rules, codes, orders and ordinances; and (ii) obtaining all other governmental approvals, permits, licenses and the like, required for and applicable to the project to be developed and as presented for this approval. 6. The applicant must resolve any technical corrections required by the Engineering or Plann ing Department, or the City Attorney's Office prior to the recording of the Certified Survey Map. BE IT FURTHER RESOLVED, that the Certified Survey Map, certified by owner, Midland Comm ercial Development Corp., be and the same is hereby rejected without final approval and without any further action of the Comm on Council, if any one, or more than one of the above conditions is or are not met and satisfied within 180 days from the date of adoption of this Resolution. BE IT FINALLY RESOLVED, that upon the satisfaction of the above conditions within 180 days of the date of adoption of this Resolution, same constituting final approval, and pursuant to all applicable statutes and ordinances and lawful requirements and procedures for the recording of a certified survey map, the City Clerk is hereby directed to obtain the recording of the Certified Survey Map, certified by own er, Midland Commercial Development Corp., with the Office of the Register of Deeds for Milwaukee County. Introduced at a regular meeting of the Comm on Council of the City of Franklin this 15th day of September, 2026. Passed and adopted at a regular meeting of the Common Council of the City of Franklin this 15th day of September, 2026. MIDLAND COMMERCIAL DEVELOPMENT CORP.- CERTIFIED SURVEY MAP RESOLUTION NO. 2026-- -Page 3 APPROVED: John R. Nelson, Mayor ATTEST: Shirley J. Roberts, City Clerk AYESN OESA BSENT CITYOFFRANKLIN REPORTTOTHEPLANCOMMISSION MeetingofSeptember3,2026 CertifiedSurveyMap ItemE.1. RE COMMENDATION: City Development Staff recommends approval of this Certified Survey Map to create two commercial lots, subject to the conditions set forth in this report and the attached resolution. Projectname: PropertyOwner: Applicant: Agent: PropertyAddress/TKN: AldermanicDistrict: ZoningDistrict: StaffPlanner: MidlandCommercialDevelopment- TwolotCertifiedSurveyMap Midland Commercial Development Corp. Steve Rolfe, Midland Commercial Development Corp. Paul Imig, PE, The Sigma Group 7765 S Lovers Lane Road/ 795 9001 000 District 2 B-R - Regional Business District Luke Hamill, Associate Planner Please note: • Recommendations are underlined. initalicsand are included in the draft resolution. • Suggestions are only underlined and are not included in the draft resolution. ProjectDescription/Analysis The applicant is seeking approval of a Certified Survey Map (CSM) for the creation of two commercial lots on Highway 100. The total site is 4.16 acres. The site currently has the still under construction Aldi grocery store on the south side of the site. Lot 1 will include the current Aldi development, while Lot 2 is reserved for a future development. The applicant has provided Site Intensity and Capacity Calculations for both proposed lots. Both lots maintain compliance with the Bulk and Dimensional Standards set by the Unified Development Ordinance. The subject site is zoned B-R. Both lots will be served by public sanitary sewer and public water supply. The access to lot 2 will be provided by the cross access between the Aldi and the Speedway site to the north, as DOT likely would not allow for access to Lovers Lane from Lot 2. The site abuts the same B-R zoning district to the east and north, R-MF Multi-Family to the south and west. In order to approve the CSM, the Plan Commission and Common Council must find that the proposed land division meets the requirements for a CSM as provided in the Unified Development Ordinance, including all standards for development as provided in the following sections of the UDO: • Division 15-9-13 Minor Land Division • Division 15-8 Subdivision Standards • Division 15-8.0100 Required Improvements for Land Divisions • Division 15-8.0200 Construction StaffRecommendation City Development Staff recommends approval of this Certified Survey Map to create two commercial lots, subject to the conditions set forth in this report and the attached resolution. Pursuant to Wisconsin Statutes 236.34(l m)(f), the approval authority shall take action within 90 days of submittal unless the time is extended by agreement with the subdivider. This application was submitted on July 23, 2026; therefore, the Common Council shall take action before October 21, 2026. 2 Comments 1. Please revise the CSM to have the correct Site Address of 7765 SLovers Lane Road instead of 10001 W Church Street. Corrected 2. Please revise the building setback linesto account for the silo lot line adjustment. Corrected 3. Page 2doesnot depict the new lot and seems like it isfrom the previousCSM approval. Please revise.Corrected Engineering Department Comments 1. CSM should depict the new watermain easement for the Aldi store. Engineering cannot approve until this is shown. Water main easement has been added, references separate document which Ibelieve had been prepped but might not have been approved/recorded. Milwaukee County Register of DeedsComments General: • The tax key number listed may be outdated.Corrected • Please verify the ownership name is correct. The name of the current owner of record is slightly different from that on the CSM sent. Megna Living Trust is no longer an Owner, owner iscorrect as shown Page 1: • Missing a distance and overstrikes on bearings/distances are present. Please clean up before recording. Corrected • The south line of this prelim CSM is different from that of CSM 9716 Lot 2 as recorded. Only difference is the pending deeding off of the silo to the adjacent property which will be completed before this CSM is recorded. Page 2: • Proposed lot 1and lot 2 of this prelim CSM are not shown on this page.Corrected. Page 3: • In the legal description here, "Lot 1" appearsto be in error. Corrected • If the exterior boundaries are correct on page 1of this prelim CSM, this legal description is in error and will need to be modified. Revised to be a meetsand boundsto addressthe deeding off a portion of the lot. BEING A RE-DIVISION OFLOT2 OFCERTIFIED SURVEY MAPNO. 9716, BEING A PARTOF THE SOUTHEAST1/4AND NORTHEAST1/4OFTHESOUTHWEST1/4 OFSECTION 8,TOWN 5 NORTH, RANGE21 EAST, IN THE CITYOFFRANKLIN, MILWAUKEECOUNTY,WISCONSIN. Project Narrative Asownerofthe property,wearedividingthe5-acrepropertytodividetheexistingproperty, keepingthe proposedALDIgrocerystorewhichis currentlyunderconstructiononitsown lot,sized based offthe UDOgreenspaceand impervious requirements,and creatinga separatelotwhichcouldbedeveloped inthefutureas aseparateproperty. Thefutureparcel currentlycontains across-accessdrivewhichconnectstheALDIproperty andthe existingSpeedwaytothe north.Thelot currentlyis in conformancewiththeUDO forsetbacksand minimum landscape percentageandwill beevaluatedforcontinued conformanceinthefuturewhenthe lot isdeveloped. Thesouthparcel fortheALDIgrocerystorehas also beenreviewed bythedesignteamfor conformancetotheUDOforsetbacks,floorarea,and minimum landscapepercentage. The review has beencompleted based onthe approved siteplan,siteengineering, stormwater management,and landscaping.Theproposed siteis inconformancewithUDO requirements. Areview of thesitehas indicatedthat therearenowetlands,woodlands, steepslopesor otherfeatureswhichclassifyor meet the characteristics of natural resources- referto Natural Resources Protection Plan. StormwaterfortheALDIpropertyis managedviaawet-pond and associatedstormsewer which havebeenconstructed.Theexistingpond and storm sewerdo crossthe proposed dividingpropertyline. Reconfigurationorexpansionofthe pond and anynecessary easementswill becompleted duringfuturedesignof aproposed development ofthe northern parcel. ALDI PARCEL UnifiedDevelopmentOrdinance,CityofFranklin,Wisconsin renewed, but itshallnotbeconstruedinanywaytoaltertherespectiverights,duties,orobligationsoftheowner ortheCityrelatingtotheuseoroccupancyofthelandorbuilding,oranyothermattercoveredbythisordinance, andsuchtemporaryCertificateofOccupancyshallnotbeissuedexceptundersuchrestrictionsandprovisionsas willadequatelyensurethesafetyoftheoccupants. 4. ApplicationforaCertificateofOccupancy.WrittenapplicationforaCertificateof Occupancyfortheuseofvacant land,orforachangeinanonconforminguse,ashereinprovided,shallbemadetotheDirectorof InspectionServices. 5. IssuanceofaCertificateofOccupancy.Iftheproposeduseisinconformitywiththeprovisionsofthisordinance,the certificateofoccupancyshallbeissuedwithinthreeworkingdaysaftertheapplicationforthesamehasbeenmade, onlyaftertheoccupancyconformstothisOrdinanceandotherapplicableCityCodes,andanylackofconformanceto thisOrdinanceorothercodesarecorrected. 6. FormofCertificateofOccupancyandPermanentRecord. EachCertificateof Occupancyshallstatethatthe buildingorproposeduseofabuildingorlandcomplieswithall provisionsofthisOrdinance.Arecordofall Certificates of OccupancyshallbekeptonfileintheofficeoftheDirectorof InspectionServicesandacopyshallbeforwarded,on request,toanypersonhavingproprietaryortenancyinterestsinthebuildingorlandaffected. 7. CertificateofOccupancyNotRequiredforGasandElectricUtilityUsesIssuedaCertificateofPublic ConvenienceandNecessity.NoCertificateofOccupancyshallberequiredforgasandelectricutilityuseswhich havebeenissuedaCertificateof PublicConvenienceandNecessitypursuantto§ 196.491oftheWisconsinStatutes asamended. 15-9-04.SiteIntensityandCapacityCalculations. A SiteIntensityCalculations. 1. Recognitionof DistinctiveSiteFeatures.ThisOrdinancerecognizesthatlandforms,parcelsizeandshape,and natural resourcefeaturesvaryfromsitetositeandthatdevelopment regulationsmusttakeintoaccount these variations.Themaximumdensityorintensityof useallowedinanyzoningdistrictiscontrolledbythevariousdistrict standardssetforthforeachofthevariouszoningdistrictsofthisOrdinance. 2. Applicability. a. Exceptassetforthunder(2)(b)below,thesiteintensityandcapacitycalculationssetforthinthisSectionandthe NaturalResourceProtectionStandardssetforthinArticle7shallapplyforeachparcelof landtobeusedorbuilt uponintheCityofFranklinincludingallnewCertifiedSurveyMaps, PreliminaryPlats,condominiums,multiple­ familyresidentialdevelopments,allmixed-useornonresidentialdevelopment,andasmayberequiredelsewhere inthisOrdinance. b. Naturalresourceprotectionshallnotberequiredandthesiteintensityandcapacitycalculationssetforthinthis Sectionshallnotberequiredfortheconstructionofsingle-familyandduplexresidentialdevelopmentlocatedon non-divisibleexistinglotsofrecordwithinexistingplattedSubdivisions(withanapprovedFinalPlat),Certified SurveyMaps,andCondominiumsexistingonAugust 1, 1998,theeffectivedateofthisOrdinanceorforwhicha natural resourceprotectionplanandsiteintensitycapacitycalculationswerefiledatthetimeofdivisionafter August 1, 1998. 3. Exclusions(WhenNaturalResourceProtectionandSiteIntensityandCapacityCalculationsArenotRequired). a. NotwithstandinganyotherprovisionofthisOrdinance,Natural ResourceProtectionandanysuchrelatedNatural ResourceProtectionPlanshallnotberequiredandthesiteintensityandcapacitycalculationssetforthinthis Sectionshallnotberequiredforanyaccessoryusestructureoraccessoryusedevelopmentorforanadditionor modificationtoanexistingprincipalstructuredevelopmentwhichdoesnotincreasetheexistingdeveloped structureandimpervioussurfaceareaupontheparcelbymorethan50%or2,500squarefeet,whicheveris Cityof Franklin UnifiedDevelopment Ordinance Article9.AdministrativeStandardsandProcedures 11 ALDIPARCEL UnifiedDevelopment Ordinance,Cityof Franklin,Wisconsin smaller,wherenatural resourcefeature(s)arenotwithin100feetoftheareatobedisturbedbythenew development,uponaparcelsupportinganexistingprincipalstructurewithanexistingprincipaluse; b. Determinationastowhethernatural resourcefeaturesarewithin100feetoftheareatobedisturbed,the boundariesofwhichshallbeclearlyidentifiedwithinapplicationmaterials,shallbemadebytheCityEngineeror designee c. ForanyPrimaryandSecondaryEnvironmentalCorridorsandIsolatedNatural ResourceAreasdefinedbythe SoutheasternWisconsinRegional PlanningCommissionthatarelocatedonthesitebytheCityEngineeror designee,butwhosenearest boundaryliesmorethan100feetoftheareatobedisturbed,awrittenplanshallbe providedbytheapplicantdetailingtheprotectivemeasuresthatwillbeimplementedtopreventadverseimpacts. The PlanshallbesubjecttoapprovalbythePlanCommissionandshallbeimplementedasaconditionof applicationapproval. 4. CalculationofAreaof NaturalResourceProtectionLand. a. Alllandareawiththosenatural resourcefeaturesasdescribedinSection15-7-02ofthisOrdinanceshallbe measuredrelativetoeachnatural resourcefeaturepresent,assetforthinSection15-7-02,NaturalResources FeaturesDetermination. b. Thetotalareaof NaturalResourceProtectionLandshallbedefinedasthenetlandsurfacearealyingwithinthe boundariesofoneormorenatural resourcefeatures,assetforthinTable15-9-04(A)(4),Calculationof Natural ResourceProtectionLandArea. Landsurfaceareawheretwoormorenaturalresourcefeaturesoverlapshallbe countedonlyonceforpurposesofdeterminingtheareaof resourceprotectionland.Amapshallbesubmittedwith theNatural ResourceProtectionPlanpursuanttoArticle7indicatingtheboundariesofeachnaturalresource feature,thesizeofeachfeature,andthetotalareaofthesitelyingwithintheboundariesofatleastonenatural resourcefeature. c. Thelandsurfaceareaofeachnaturalresourcefeaturepermittedtobedisturbedandwhereapproved, compensated,pursuanttoSection15-7-03shallbeusedtodeterminetheextent ofcompensationrequired,asset forthinTable15-7-03,Cityof FranklinNaturalResourcesCompensationRatios. ALDIPARCELTable15-9-04(A)(4):CalculationofNaturalResourceProtectionLandArea TotallandsurfaceareaofeachNaturalResource Resource/Feature feature(acresorsquarefeet;usethroughout} a.SEWRPCPrimaryEnvironmental Corridor 0 SF b.SEWRPCSecondaryEnvironmentalCorridor 0 SF c.SEWRPCIsolatedNatural Resource 0 SF d.SurfaceWaterorWetland Buffer 0 SF e.WoodlandorForest 0 SF f.Wetland 0 SF a.DegradedWetland 0 SF h.LakeorPond 0 SF i.Grosslandsurfaceareaof natural resourcefeatures (i) =Sumof(a)through(h)above 0 SF j.Net Natural ResourceProtectionLand-Totalareaofthesite 0 SFlyingwithintheboundariesofat leastoneNatural Resource Determinefrommap;totalsurfacearealyingwithin feature(a)through(h) atleastoneNatural ResourceFeature Cityof Franklin UnifiedDevelopment Ordinance Article9.AdministrativeStandardsandProcedures 12 ALDIPARCEL UnifiedDevelopmentOrdinance,CityofFranklin,Wisconsin 5. Calculationof BaseSiteArea.ThebasesiteareashallbecalculatedasindicatedinTable15-9-04(A)(5)foreach parcel oflandforwhichdevelopment approvalissoughtthat isnotexemptedunderSection15-3-03. Table15-9-04(A)5):Calculationof BaseSiteAreaForDevelopment Step LandAreatoBeDetermined Calculation Area(Squarefeet oracres;use throughout) Totalgrosssitearea(SForacres;usethroughout)determinedthroughaboundarysurveyof thesubjectproperty 145,053 SF Landindedicatedpublicstreetrights-of-way,landlocatedwithintheultimateroadright-of-way 6759+1862 = ofexistingroads,rights-of-wayof utilities,anddedicatedpublicparkorschoolsites 8,621SF Landreservedforopenspaceaspartof apreviouslyapproveddevelopment orlanddivision 0 SF Landareatobereservedforparksandschools 0 SF Net NaturalResourceProtectionLands,row(B) fromTable 15-3-01 0 SF Net BuildableAreaforDevelopment= (a)- {sum(b+c+d+e)} 136,432 SF 6. CalculationofSiteIntensityandCapacityforResidentialUsesinResidentialZoningDistricts.Themaximum numberofdwellingunitsthat maybepermittedonaparceloflandinaresidentialzoningdistrict,asdefinedinSection 15-2-02,shall bedeterminedusingtheBaseSiteAreaforDevelopment,row(n)ofTable15-9-04(A)(5),assetforthin Table 15-9-04(A)(6)below: ( )( ) Table15-9-04(A)(6):CalculationofSiteCapacityForResidentialUses Area(SForacres;use LandAreatoBeDetermined throughout) Formulti-familyunits,if proposed: b.Numberofunitsproposed: c.Minimumlotareaperunit(from d=(b)x(c)Minimumlandarea Section15-3-01) required: Forsingle-familyunits,if proposed: e.Numberof unitsproposed: f.Minimumlotareaperunit (from g=(e)x (f)Minimumlandarea Section15-3-01) required: Totalminimumlandarearequiredshallnotexceednetbuildableareafordevelopment; h=(d)+(g)Totalminimumland checkthat (h)<(a) arearequired: Cityof Franklin UnifiedDevelopment Ordinance Article9.AdministrativeStandardsandProcedures 13 NORTHERN PARCELI UnifiedDevelopmentOrdinance,Cityof Franklin,Wisconsin renewed,but itshallnotbeconstruedinanywaytoaltertherespectiverights,duties,orobligationsoftheowner ortheCityrelatingtotheuseoroccupancyofthelandorbuilding,oranyothermattercoveredbythisordinance, andsuchtemporaryCertificateofOccupancyshall notbeissuedexceptundersuchrestrictionsandprovisionsas willadequatelyensurethesafetyoftheoccupants. 4. ApplicationforaCertificateofOccupancy.WrittenapplicationforaCertificateof Occupancyfortheuseof vacant land,orforachangeinanonconforminguse,ashereinprovided,shallbemadetotheDirectorofInspectionServices. 5. IssuanceofaCertificateofOccupancy.Iftheproposeduseisinconformitywiththeprovisionsofthisordinance,the certificateofoccupancyshallbeissuedwithinthreeworkingdaysaftertheapplicationforthesamehasbeenmade, onlyaftertheoccupancyconformstothisOrdinanceandotherapplicableCityCodes,andanylackofconformanceto thisOrdinanceorothercodesarecorrected. 6. FormofCertificateofOccupancyandPermanent Record. EachCertificateofOccupancyshallstatethatthe buildingorproposeduseofabuildingorlandcomplieswithallprovisionsofthisOrdinance.ArecordofallCertificates of OccupancyshallbekeptonfileintheofficeoftheDirectorof InspectionServicesandacopyshallbeforwarded,on request,toanypersonhavingproprietaryortenancyinterestsinthebuildingorlandaffected. 7. CertificateofOccupancyNotRequiredforGasandElectricUtilityUsesIssuedaCertificateofPublic ConvenienceandNecessity.NoCertificateofOccupancyshallberequiredforgasandelectricutilityuseswhich havebeenissuedaCertificateof PublicConvenienceandNecessitypursuant to§ 196.491oftheWisconsinStatutes asamended. 15-9-04.SiteIntensityandCapacityCalculations. A. SiteIntensityCalculations. 1. Recognitionof DistinctiveSiteFeatures.ThisOrdinancerecognizesthat landforms,parcelsizeandshape,and natural resourcefeaturesvaryfromsitetositeandthatdevelopment regulationsmusttakeintoaccountthese variations.Themaximumdensityorintensityofuseallowedinanyzoningdistrictiscontrolledbythevariousdistrict standardssetforthforeachofthevariouszoningdistrictsofthisOrdinance. 2. Applicability. a. Exceptassetforthunder(2)(b)below,thesiteintensityandcapacitycalculationssetforthinthisSectionandthe Natural ResourceProtectionStandardssetforthinArticle7shallapplyforeachparcelof landtobeusedorbuilt uponintheCityofFranklinincludingallnewCertifiedSurveyMaps,PreliminaryPlats,condominiums,multiple­ familyresidentialdevelopments,allmixed-useornonresidentialdevelopment,andasmayberequiredelsewhere inthisOrdinance. b. Natural resourceprotectionshallnotberequiredandthesiteintensityandcapacitycalculationssetforthinthis Sectionshall notberequiredfortheconstructionofsingle-familyandduplexresidentialdevelopmentlocatedon non-divisibleexistinglotsof recordwithinexistingplattedSubdivisions(withanapprovedFinalPlat),Certified SurveyMaps,andCondominiumsexistingonAugust 1, 1998,theeffectivedateofthisOrdinanceorforwhicha natural resourceprotectionplanandsiteintensitycapacitycalculationswerefiledatthetimeofdivisionafter August 1, 1998. 3. Exclusions{WhenNaturalResourceProtectionandSiteIntensityandCapacityCalculationsArenotRequired). a. NotwithstandinganyotherprovisionofthisOrdinance,Natural ResourceProtectionandanysuchrelatedNatural ResourceProtectionPlanshallnotberequiredandthesiteintensityandcapacitycalculationssetforthinthis Sectionshallnotberequiredforanyaccessoryusestructureoraccessoryusedevelopmentorforanadditionor modificationtoanexistingprincipalstructuredevelopmentwhichdoesnotincreasetheexistingdeveloped structureandimpervioussurfaceareaupontheparcelbymorethan50%or2,500squarefeet,whicheveris Cityof Franklin UnifiedDevelopment Ordinance Article9.AdministrativeStandardsandProcedures 11 NORTHERN PARCEL UnifiedDevelopment Ordinance,Cityof Franklin,Wisconsin smaller,wherenatural resourcefeature(s)arenotwithin100feetoftheareatobedisturbedbythenew development,uponaparcelsupportinganexistingprincipalstructurewithanexistingprincipal use; b. Determinationastowhethernaturalresourcefeaturesarewithin100feet oftheareatobedisturbed,the boundariesofwhichshallbeclearlyidentifiedwithinapplicationmaterials,shallbemadebytheCityEngineeror designee c. ForanyPrimaryandSecondaryEnvironmentalCorridorsandIsolatedNaturalResourceAreasdefinedbythe SoutheasternWisconsinRegional PlanningCommissionthatarelocatedonthesitebytheCityEngineeror designee,butwhosenearestboundaryliesmorethan100feetoftheareatobedisturbed,awrittenplanshallbe providedbytheapplicantdetailingtheprotectivemeasuresthatwillbeimplementedtopreventadverseimpacts. ThePlanshall besubjecttoapprovalbythePlanCommissionandshallbeimplementedasaconditionof applicationapproval. 4. CalculationofAreaofNaturalResourceProtectionLand. a. AlllandareawiththosenaturalresourcefeaturesasdescribedinSection15-7-02ofthisOrdinanceshallbe measuredrelativetoeachnatural resourcefeaturepresent,assetforthinSection15-7-02,Natural Resources FeaturesDetermination. b. Thetotalareaof Natural ResourceProtectionLandshallbedefinedasthenetlandsurfacearealyingwithinthe boundariesofoneormorenatural resourcefeatures,assetforthinTable15-9-04(A)(4),Calculationof Natural ResourceProtectionLandArea. Landsurfaceareawheretwoormorenatural resourcefeaturesoverlapshall be countedonlyonceforpurposesofdeterminingtheareaof resourceprotectionland.Amapshallbesubmittedwith theNatural ResourceProtectionPlanpursuanttoArticle7indicatingtheboundariesofeachnatural resource feature,thesizeofeachfeature,andthetotalareaofthesitelyingwithintheboundariesofatleastonenatural resourcefeature. c. Thelandsurfaceareaofeachnaturalresourcefeaturepermittedtobedisturbedandwhereapproved, compensated,pursuanttoSection15-7-03shallbeusedtodeterminetheextent ofcompensationrequired,asset forthinTable15-7-03,CityofFranklinNatural ResourcesCompensationRatios. NORTHERN PARCELTable15-9-04(A)(4):CalculationofNaturalResourceProtectionLandArea TotallandsurfaceareaofeachNaturalResource Resource/Feature feature(acresorsquarefeet;usethroughout) a.SEWRPCPrimaryEnvironmentalCorridor 0 SF b.SEWRPCSecondaryEnvironmental Corridor 0 SF c.SEWRPCIsolated Natural Resource 0 SF d.SurfaceWaterorWetlandBuffer 0 SF e.WoodlandorForest 0 SF f.Wetland 0SF g.DegradedWetland 0 SF h.Lakeor Pond 0 SF i.Grosslandsurfaceareaof natural resourcefeatures (i)=Sumof(a)through(h)above 0 SF j.NetNatural ResourceProtectionLand-Totalareaofthesite 0 SFlyingwithintheboundariesofat leastoneNatural Resource Determinefrommap;totalsurfacearealyingwithin feature(a)through(h) atleastoneNaturalResourceFeature Cityof Franklin UnifiedDevelopment Ordinance Article9.AdministrativeStandardsandProcedures 12 NORTHERN PARCEL UnifiedDevelopmentOrdinance,Cityof Franklin,Wisconsin 5. CalculationofBaseSiteArea.ThebasesiteareashallbecalculatedasindicatedinTable15-9-04(A)(5)foreach parcelof landforwhichdevelopmentapprovalissought that isnotexemptedunderSection15-3-03. Table15-9-04(A)5):CalculationofBaseSiteAreaForDevelopment Step LandAreatoBeDetermined Calculation Area(Squarefeet oracres;use throughout) Totalgrosssitearea(SForacres;usethroughout)determinedthroughaboundarysurveyof thesubjectproperty 36,346 SF Landindedicatedpublicstreet rights-of-way,landlocatedwithintheultimateroadright-of-way ofexistingroads,rights-of-wayof utilities,anddedicatedpublicparkorschoolsites 900 SF Landreservedforopenspaceaspartof apreviouslyapproveddevelopmentorlanddivision 0 SF d Landareatobereservedforparksandschools 0 SF Net NaturalResourceProtectionLands,row(j)fromTable15-3-01 0 SF Net BuildableAreaforDevelopment= (a)- {sum(b+c+d+e)} 35,446 SF 6. CalculationofSiteIntensityandCapacityforResidentialUsesinResidentialZoningDistricts.Themaximum numberofdwellingunitsthatmaybepermittedonaparcelof landinaresidentialzoningdistrict,asdefinedinSection 15-2-02,shallbedeterminedusingtheBaseSiteAreaforDevelopment,row() ofTable15-9-04(A)(5),assetforthin Table 15-9-04(A)(6)below: ()(( )( )( Table15-9-04(A)(6):CalculationofSiteCapacityForResidentialUses Area(SForacres;use LandAreatoBeDetermined throughout) Formulti-familyunits,if proposed: b.Numberof unitsproposed: c.Minimumlotareaperunit (from d=(b)x(c)Minimumlandarea Section15-3-01) required: Forsingle-familyunits,if proposed: e.Numberofunitsproposed: f.Minimumlotareaperunit (from g=(e)x (f)Minimumlandarea Section15-3-01) required: Total minimumlandarearequiredshallnotexceednetbuildableareafordevelopment; h=(d)+(g)Totalminimumland checkthat (h)<(a) arearequired: Cityof Franklin UnifiedDevelopment Ordinance Article9.AdministrativeStandardsandProcedures 13 CERTIFIED SURVEY MAP NO. _ Cf) Lot Curve Data (j) L=52.07' R=17.35' CH B=S89° 45' 41"W CH L=34.61' <i=17°58'16" OL=167.80' R=790.00' CH B=N6° 19' 25"W CH L=167.49' <i=12°10'12" Cone. Mon.w/ brass cap found Northing: 344,763.69 Easting: 2,493,823.23 Sheet 1of 6 -IN J, ·1' 0(.l 1--(1) ~ Cl) - - N ·°t tt ­v ;£ g --0 v e::J ~ in s, I unplatted lands - - 269.34' LOT2 36,346 SQ. FT./ 0 20.0' - N89° 45' 32"r LOT 1 145,053 SQ. FT./3.33 AC. VICINITY MAP(Scale 1· =2000') = 1tSW 11<o !S oc. 8 ·5-21 ~ ' EalI-PROJECT# 23267 DRAFTED JMB 20.0' I. I- - -1" Iron Pipe,&,.--------------QS89° 45' 41"W 245.70' ex 1" Iron Pipe --\ \ \ \ \ \ BEARINGS ARE REFERENCED TO THE EAST LINE OF THE SW 1/4OF SEC. 8-5-21 ASSUMED TO BEAR N 0°14'19" W 200' IGRAPHIC SCALE SI GMA ...www.thesigmagroup.com 13 00 West Cana l St ree t Milwaukee,WI 53233 Phone: 414-643-4200 Fax: 414· 643 -42 10 A DIVISION OF A PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OF THE SOUTHEAST 1/4 AND NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWN 5 NORTH, SHEET 1LEGEND. RANGE 21 EAST, IN THE CITY OF FRANKLIN, MILWAUKEE COUNTY,WISCONSIN 0 INDICATES FOUND MONUMENTATION, Site: Current Zoning: 1 NE comer of AS NOTED ON DRAWING. 7765 S. Lovers Lane Rd "8-R" Regional BusinessJ SW 1/4 of Franklin, WI District . -- Sec.8-5-21 • INDICATES SET 3/4" DIAM. REBAR, 18" TK-7959oo1ooo \ _. _. _. ~ one. Mon.w/ LONG WEIGHING 1.50 LBS/LIN. FT \ \_. _. _. brass cap found J Owner/Developer: LOT 1AND 2ARE SERVED BY Puu C +S t. Maland Commercial Development Corp. Northing: 337,407.69 WATER AND SANITARY stewe R _ - nuO_ Easting 2,493,812.22 - A ] I ' nc E\ - V · .«au_P°_ - a pe 1 Iron Pipe \.--- - - - , - - -3/4" Ironp s i '60'x60' Vision _. -0" - i I :Comer ..- _.. ...- ,{'rt ! ~~- _.L I0.5'' Rebar _. i QI1 ! CERTIFIED SURVEY MAP NO. _A DIVISION OF A PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OF THE SOUTHEAST 1/4 AND NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWN 5 NORTH, RANGE 21 EAST, IN THE CITY OF FRANKLIN, MILWAUKEE COUNTY,WISCONSIN EXISTING EASEMENTS EXHIBIT NE comer of SW1l4of Sec.8-5-21 ~ ::;;::;·,.~, LOT 1 Future Water Main Easement ~ by Other Document --------- -- -,- - - - - - - - - - - - I IL.J ::-- LO l ~ I~ Cl) I~ :JQl'Cl) lo >N89° 45' 41"E t 050.00' ~ .....~z a:: Ii I e 0 s::, o I- a. "'g ...... .,0 Cl) ,:, !,U le -'i: "' > "C 0 :! in N 0 p 0::: en Q) C:ssg•45' 4, "W ro50.00' _J 1/J....Q) >0_J Cl) Access Easement per Doc. No. 6457152 & 6790405LOT2 .h.QI .1. c.S M9716 ------------\ \ \ \ \ \ \ ­\ \ \ \ \ \ \ \ I I I I I I - -- - Sheet 2of6 mi },,,,,,,,sCON 1111,,. s° ",~~ •ff g: J SE corner of $ SW1l4of Sec.8-5-21 ,,,, Cone. Mon. w/ 111 ,,,,,," brass cap found "un PROJECT# 23267 DRAFTED JMB OS/ 20/;w 2~ 200'100'0 GRAPHIC SCALE SIGMA .www.thesigmagroup.com 1300 West Canal Street Milwaukee, WI 53233 Phone : 414-643-4200 Fax: 414-643-4210 CERTIFIED SURVEY MAP NO. _A DIVISION OF A PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OF THE SOUTHEAST 1/4 AND NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWN 5 NORTH, RANGE 21 EAST, IN THE CITY OF FRANKLIN, MILWAUKEE COUNTY,WISCONSIN Cone. Mon.w/ brass cap found Sheet 3 of 6 NE comer of SW 1/4 of Sec.8-5-21 ~ ::::;,~;~::, ­in Utility Easement 1 ~per Doc. No. 6851514 ­ I-~ en I~ ::J Q) '(J) sag• 45' 41"W I~ 010.00' 0 NO" 14' 19"W ..--390.00' z o:'. I~ I ·"'1'i H-::, £ Q. ..... "'0 en.,, I§ -5 > "O 0 ·<ii N L=25.81' 0:::R=72.12' "' CH e=sg• 1s·25"W ILU Q) CH L=25.67' C:6=20°30'18" ctl .....J (/) '-Q) >0 .....J en L=56.06' R=34.85' CH B=S38° 27' 10"E CH L=50.21' 6=92•09·os" IN89° 45' 41"E 35.23' so· 14• 19"E ....... ........ ...........- _! 2~ '- - J ,.,,,,, CON ,,,,,, s" .,~ ~ +,I g;;.J SE comer of j SW1/4of Sec.8-5-21 ~,,,,... ,,,,,,,,,,.,,,,,,,,,,.. No· 15' 42"W~ I105.83' "I L=13.81' R=65.94' CH B=N12° 00' 48"E CH L=13.79' 6=12°00'12" N22· 00' 20"E I•R=43.66'_( CH B=N1° 34' 50''W CH L=41.44' 6=56°40'03" EXISTING EASEMENTS EXHIBIT 1 ------.....J--L------- LOT 1 PROJECT# 23267 DRAFTED JMg O8/ 20/2026 LOT2 N18° 00' 54"E Cnt,cal Access Drives 64.00' Doc No 11565369 N89° 45' 45"E 306 65' - - - - - - - - - - _J ~ - - - - - I t~S89" 45' 45"W 298.74' +1 o 1 34 '' 35.13'-....... /fc; e ar ose } l34.37'-...../ I."1 I~ I~0 >z >0 < \ __J ---- ~ 5\. - « .ch""?cs\j 'I -,,id\'n , iab%. . - - - ­---- -- - - I _...-- -- I ---- I ---- -- -- -- -- -- I \ I \ I \ bQI.1. N89°45'37"E : I C.S M 7 16 zs s \ e 1s o l , CH B=N1• ~;.;2s?! I\ CH L=1.30' I6=3°16'19" I \_---------- -, \ \ \ \ \ \ \ \ I I I I I I I I I I I I ...: no I a3~6 £Q) ::, u ';; en1 en&i GRAPHIC SCALE SIGMA .www.thesigmagroup.com 1300 West Canal Street Milwaukee, WI 53233 Phone: 414·643-4200 Fax: 414-643-4210 CERTIFIED SURVEY MAP NO. _A DIVISION OF A PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OF THE SOUTHEAST 1/4AND NORTHEAST 1/4OF THE SOUTHWEST 1/4 OF SECTION 8,TOWN5 NORTH, RANGE 21 EAST, IN THE CITY OF FRANKLIN, MILWAUKEE COUNTY,WISCONSIN SURVEYOR'S CERTIFICATE STATE OF WISCONSIN) ssMILWAUKEE COUNTY) I, Kevin A. Slottke, Professional Land Surveyor, hereby certify that I have surveyed, divided and mapped a part of Lot 2 of Certified Survey Map No. 9716, recorded in 2025, as Document No. 11561611, being a part of the Southeast 1/4 and Northeast 1/4 of the Southwest 1/4 of Section 8, Town 5 North, Range 21 East, in the City of Franklin, Milwaukee County, Wisconsin, more particularly described as follows: Beginning at the southwest corner of said Lot 2; thence N 0'14'16" W, along the west line of said Lot 2,317.26 feet to a point of curvature; thence northwesterly 167.80 feet along the arc of a curve whose radius lies 790.00 feet to the west and whose chord bears N 6°19'25" W, 167.49 feet to the north line of said Lot 2; thence N 89'45'32" E, along said north line, 391.55 feet to the east line of said Lot 2; thence S 0°14'19" E, along said east line, 483.82 feet to the south line of said Lot 2; thence S894 5'41" W, along said south line, 93.49 feet toa point of curvature; thencewesterly 34.61 feet along the arc of acurve whose radius lies 17.35 feet to the southand whose chord bears S 89'45'41" W, 34.61feet; thence continuing along said south line S894 5'41" W,245.70 feettothe southwest corner of said Lot 2 and the point of beginning. Said parcel contains 181,399 square feet or 4.16435 acres of land, more or less. That I have made the survey, land division, and map by the direction of the owners of said land. That the map is a correct representation of all the exterior boundaries of the land surveyed and the land division thereof made. That I have fully complied with s. 236.34 of the Wisconsin Statutes and of the City of Franklin Unified Development ordinance - Division 15 in surveying, dividing and mapping the same. ,,,,,,111111111,,,,,, ' s CoNs %»,s t , y",~ ,,:: ,, (* -4_,~Li'.C1!1,-r,Sn~i,t°:r;;;;;~ ~ -=- ? 'gs: w {O % - $ s°, 2 Iv e o. sU"°, , , , , 111111,. , , , , August 20, 2026 Kevin A. Slottke S-2503 E9SIGMA..www.thesigmagroup.com 1300 West Canal Street Milwaukee, WI 53233 Phone: 414-643-4200 Fax: 414-643-4210 PROJECT# 23267 DRAFTED JMB Sheet 4 of 6 CERTIFIED SURVEY MAP NO. _A DIVISION OF A PART OF LOT 2OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OFTHE SOUTHEAST 1/4AND NORTHEAST 1/4 OF THE SOUTHWEST 1/4OF SECTION8,TOWN5NORTH, RANGE 21 EAST, IN THE CITY OF FRANKLIN, MILWAUKEE COUNTY,WISCONSIN ENTITY OWNER'S CERTIFICATE Midland Commercial Development Corp., as owner, caused the land described on this map to be surveyed, divided and mapped as represented on this map. Midland Commercial Development Corp., as owner, does further certify that this map is required bys. 236.10 or 236.12 to be submitted to the following for approval or objection: The City of Franklin. IN WITNESS WHEREOF, the said Midland Commercial Development Corp., owner, has caused these presents to be signed, at ,Wisconsin, this day of 2 0 By: Midland Commercial Development Corp. [signature] [printed name &title] STATE OF WISCONSIN) MILWAUKEE COUNTY) )sS Personally came before me this _ day of ,20_ _ ,the above-named ,to me known to be the person who executed the foregoing instrument and to me known to be the of Midland Commercial Development Corp., and acknowledged that they executed the foregoing instrument as such member as the deed of said corporation, by its authority. (SEAL) NOTARY PUBLIC signature, STATE OF WISCONSIN notary printed name MY COMMISSION EXPIRES ---'- E9SIGMA.www.thesigmagroup.com 1300 West Canal Street Milwaukee, WI 53233 Phone: 414-643-4200 Fax: 414-643-4210 PROJECT# 23267 DRAFTED JMB 0 8/2 0 /2 0 2 Sheet 5 of 6 CERTIFIED SURVEY MAP NO. _A DIVISION OF A PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 9716, BEING A PART OFTHE SOUTHEAST 1/4AND NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION8,TOWN5NORTH, RANGE 21 EAST, IN THE CITY OF FRANKLIN, MILWAUKEE COUNTY,WISCONSIN CITY OF FRANKLIN COMMONCOUNCIL CERTIFICATE OF APPROVAL THIS CERTIFIED SURVEY MAPWASAPPROVED UNDER RESOLUTION NO. _ ADOPTED BY THE COMMONCOUNCIL OF THE CITY OF FRANKLIN ON THIS DAY OF 2 0 JOHN R. NELSON, MAYOR SIGMA ...www.thesigmagroup.com 1300 West Canal Street Milwaukee, WI 53233 Phone : 414 -643-4200 Fax: 414-643-4210 SHIRLEY J. ROBERTS,CLERK 08/ 20/2026 PROJECT# 23267 DRAFTEDJMB Sheet 6 of 6 BLANKPAGE APPROVAL REPORTSAND RECOMMENDATIONS REQUESTFOR COUNCILACTION AResolutionAuthorizingtheCityofFranklinFire DepartmenttoParticipateinaRegionalAssistanceto FirefightersGrantApplicationforReplacement PersonalProtectiveEquipment MEETING DATE 9/15/26 ITEMNUMBER Background Maintaining high-quality Personal Protective Equipment (PPE) is essential to safeguarding the health and safety of our Firefighter/Paramedics. Firefighting protective clothing, commonly referred to as turnout gear, is designed to protect personnel from extreme heat, flames, smoke, and hazardous operating environm ents. All turnout gear must meet stringent construction and maintenance standards set by the National Fire Protection Association (NFPA). NFPA Standard 1851 establishes a maximum service life of 10 years for turnout gear, including coats, pants, helmets, gloves, footwear, and hoods. Gear must be removed from service earlier if it is damaged beyond repair, fails annual inspection, or is contaminated with hazardous materials that cannot be safely cleaned. The Franklin Fire Department must maintain PPE for 48 sworn personnel. This includes a primary set of properly sized turnout gear for each member and a cache of backup gear for use when primary gear requires cleaning, repair, or replacement. The department's long-term goal is to issue both a primary and backup set of gear to every firefighter. Having an imm ediate backup set is a significant health benefit, particularly after exposure to contaminants during firefighting operations. Without backup gear, members must rinse off visible contaminants and continue wearing soiled gear- potentially for up to 48 hours- until it can be fully cleaned using specialized equipment. This grant application, if funded, would allow the department to meet this long­ term goal. The cost of turnout gear has increased substantially over the past decade. A single set of protective clothing (coat and pants) now costs approximately $4,500, not including helmets, eye protection, hoods, gloves or boots. The department currently allocates about $47,000 annually to replace aging or damaged gear, which allows for approximately ten new sets of gear to be purchased each year. Proposal To address both safety needs and budget pressures, several Milwaukee County fire departments are collaborating on a Regional Grant Application to the federal Assistance to Firefighters Grant (AFG) Program. If awarded, the grant would provide 90 percent federal funding for the purchase of 48 sets of turnout gear for our department. The City of Greenfield Fire Department will serve as the facilitator and fiscal agent for the project. The total project cost for our community is $216,000 (48 sets at $4,500 each). The department's 10 percent share would be $21,600. If funded, the turnout gear would be delivered during the FY2028 budget year. The proposal has been reviewed and endorsed by the Director of Administration and the Director of Finance. The department respectfully requests approval to participate in this Regional Assistance to Firefighters Grant application, as outlined in the attached Memorandum of Understanding. COUNCIL ACTION REQUESTED Motion to adopt Resolution No 2026- A Resolution Authorizing the City of Franklin Fire Department to Participate in a Regional Assistance to Firefighters Grant Application for Replacement Personal Protective Equipment. Fire: JCM STATE OF WISCONSIN CITY OF FRA NKLIN MILWAUKEE COUNTY RESOLUTION NO. 2026-- - - - A RESOLUTION AUTHORJZING THE CITY OF FRANKLIN FIRE DEPARTMENT TO PARTICIPATE IN A REGIONAL ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION FOR REPLACEMENT PERSONAL PROTECTIVE EQUIPMENT WHEREAS, Maintaining high-quality Personal Protective Equipment (PPE) is essential to safeguarding the health and safety of our Firefighter/Paramedics. WHEREAS, National Fire Protection Association Standard 1851 establishes a maximum service life of 10 years for turnout gear. Gear also must be removed from service earlier if it is damaged beyond repair, fails annual inspection, or is contaminated with hazardous materials that cannot be safely clean ed. WHERAS, The cost of turnout gear has increased substantially over the past decade. WHERA S, To address both safety needs and budget pressures, several Milwaukee County fire departments are collaborating on a Regional Grant Application to the federal Assistance to Firefighters Grant (AFG) Program . If awarded, the grant would provide 90 percent federal funding for the purchase of 48 sets of turnout gear for our department. The City of Greenfield Fire Department will serve as the facilitator and fiscal agent for the project. NOW, THEREFORE , BE IT RESOLVED, that the Mayor and Common Council of the City of Franklin, Wisconsin, agree to authorize the City of Franklin Fire Department to Part icipate in a Regional Assistance to Firefighters Grant Application for Replacement Personal Protective Equipment Introduced at a regular meeting of the Common Council of the City of Franklin this day of , 2 026. Passed and adopted at a regular meeting of the Common Council of the City of Franklin this _ day of > 2026. APPROVED: John R. Nelson, Mayor ATTEST: Shirley J. Roberts, City Clerk AYES NOES ABSENT Memorandumof Understanding Between TheGreenfield,HalesCorners,Franklin,Wauwatosa,andWestAllisFireDepartments AssistancetoFirefightersActRegionalGrant The Greenfield Fire Department (hereinafter referred to as "Host"), along with the HalesCornersFire Department, Franklin Fire Department, Wauwatosa Fire Department, and West Allis Fire Department (each hereinafter individually referred to as "Participant" or collectively as "Participants"), mutually agree to participate in aRegional Assistance to FirefightersGrant Application for funding to assist in providing replacement Turn Out Gear. The Host will submit the AFGGrant to FEMA on behalf of all departmentsagreeingto participate. The total grant application isfor $1,617,015, and if awarded, participating departmentsare required to contribute a 10% match towardtheir respective shares. Upon receiving AFGfundingthe Host Department agreesto: • Create acommittee to guide the grant, distributions, cost-sharing, contracts, and all other necessary grant components. • Follow grant guidelines, distributions, and file appropriate reports/paperwork By signing this MOU, the Participant Department agreesto: • Partner with the Host Department and assist in formation of acommittee to facilitatethe componentsof the grant. • Agreesto cooperate with decision derived from grant committ ee • Contribute the participating departments match of 10% of their share of the grant asdecided upon by committee • Provide required information and matching funding to the Host Department at mutually agreed to and required deadlines. The Host and Participant Department understand that the grant containsthe following terms. Should these terms need to be modified, the Host Department will follow all grant rules and seek to modify, as required. • Total request amount: $1,617,015 o Federal Share: $1,470,014 o Applicant Share: $147,001 Signed: Signature- Greenfield Fire Chief, Host Department Signature- Franklin FireChief, Participant Department 8/28/26 Date Date 39-6005924 EIN Number 39-6005897 EIN Number Signature- Hales CornersFire Chief, Participant Department Date 39-6008499 EIN Number Signature- Wauwatosa Fire Chief, Participant Department Signature--West Allis Fire Chief, Participant Department Date Date 39-6005650 EIN Number 39-6005651 EIN Number APPROVAL REPORTS & RECOMMENDATIONS REQUEST FOR COUNCIL ACTION PRESENTATION OF THE MAYOR'S 2027 RECOMMENDED BUDGET MEETING DATE 9/15/2026 ITEM NUMBER District#: Citywide BACKGROUND The Mayor's Recommended 2027 Budget will be presented to the Common Council on September 15 , 2026. The Director of Administration, in coordination with the Director of Finance and Treasurer,will provide an executive-level overview of the Recommended Budget, including the fiscal environment in which the budget was developed, major revenue and expenditure considerations, significant operating and capital priorities, and the anticipated impact on the City's property tax levy. The presentation will also review the remaining budget process and timetable leading to public hearing and final consideration of the 2027 budget. The City developed the 2027 budget in a challenging fiscal environment affecting Franklin and municipalities throughout Wisconsin. State-imposed levy limitations, modest net new construction, inflationary and personnel cost pressures, significant infrastructure and capital needs, and constrained or uncertain revenue growth continue to require careful prioritization of available resources. Throughout the budget-development process, the Mayor,Administration, Finance Department, and department heads have reviewed departmental operating requests, personnel needs, capital projects, revenue projections, and opportunities for efficiencies or alternative funding. The Recommended Budget represents the culmination of that review and establishes the starting point for formal consideration by the Finance Committee and Common Council. FINANCE COMMITTEE REVIEW As required by Section 13-2, "Preparation of Budget," of the City of Franklin Municipal Code, the Mayor's Recommended 2027 Budget will be submitted to the Finance Committee for review and recommendation to the Common Council. At its September 22, 2026, meeting, the Finance Committee will establish the schedule and process for its detailed review of the Mayor's Recommended 2027 Budget, including the timing of department presentations and review of departmental operating budgets, revenues and expenditures, personnel, capital improvements, debt, tax levy considerations, and other financial matters. During the review process, the Finance Committee may recommend modifications to the Mayor's Recommended Budget and may request additional information or analysis from staff. Following completion of the Finance Committee's review, its recommendations will be forwarded to the Common Council for consideration as part of the remaining 2027 budget process. NEXT STEPS Following tonight's presentation, the Mayor's Recommended 2027 Budget will be forwarded to the Finance Committee for detailed review. At its September 22, 2026, meeting, the Finance Committee will determine the schedule and process for its budget review, including department presentations. Staff will then coordinate the schedule with department heads and prepare any additional information or analysis the Committee requests. After the Finance Committee review, it will forward its recommendations and proposed changes to the Common Council for consideration. The Common Council will consider any amendments and policy direction before the required public hearing and final consideration and adoption of the 2027 budget in accordance with the established budget calendar. COUNCIL ACTION REQUESTED Motion to receive the Mayor's Recommended 2027 Budget and presentation and forward the Mayor's Recommended 2027 Budget to the Finance Committee for review and recommendation to the Common Council, with the Finance Committee to establish its detailed budget review and department presentation schedule at its September 22, 2026, meeting; and to provide any necessary direction to staff regarding additional materials or information requested as part of the 2027 budget review process. Mayor: JRN; DOA: KH; DOF: DB APPROVAL REPORTS& RECOMMENDATIONS REQUESTFOR COUNCILACTION IrishCottageofFranklinLLCvs.CityofFranklin, MilwaukeeCounty CircuitCourt,CaseNo. 2026CV008008.TheCommonCouncilmayenter closedsessionpursuanttoWis.Stat.§ 19.SS(l)(g),to conferwithlegalcounselfortheCommonCouncil whoisrenderingadviceconcerningstrategytobe adoptedbythebodywithrespecttothesubject litigation,andtoreenteropensessionatthesame placethereaftertoactonsuchmattersdiscussed thereinasitdeemsappropriate. MEETINGDATE 9/15/2026 ITEMNUMBER COUNCILACTIONREQUESTED A motion to enter closed session pursuant to Wis. Stat. § 19.85(1)(g), to confer with legal counsel for the Common Council who is rendering advice concerning strategy to be adopted by the body with respect to the subject litigation, and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate. Attorney Remzy D. Bitar LWMMIC; Legal Services: CL BLANKPAGE APPROVAL LICENSESAND PERMITS REVISEDREQUESTFOR COUNCILACTION MISCELLANEOUSLICENSES MEETINGDATE 09/15/2026 ITEM/NUMBER H. See attached License Commi ttee Meeting Minutes from th e License Commi ttee Meeting of September 158 , 2026. COUNCILACTIONREQUESTED Approval of the Minutes of the License Commi ttee Meeting of September 154, 2026. CITY CLERK'S OFFICE F ranklinW I S C O N S I N 414-425-7500 LicenseCommitteeAgenda FranklinCityHallAldermen'sRoom 9229WestLoomisRoad,Franklin,WI September15,2026-5:40p.m. 1. ICalltoOrder& RollCall Time: 2. ]ApplicantInterviews& Decisions Recommendations Type/Time ApplicantInformation Approve Hold Deny Extraordinary 4thAnnualCESC2026YouthSoccer Entertainment& Festival/Tournament SpecialEvent Person in Charge: Matthew Saric 5:45p.m. Location: Croatian Park - 9100 S 76 st Date of Event: Friday, September 25, 2026, Saturday, September 26, 2026 and Sunday, September 27, 2026 Extraordinary BuffaloBill'sHauntedTrail Entertainment& Person in Charge: Christopher Hinkel SpecialEvent Location: 9612 W Oakwood Road, Franklin WI 5:55p.m. Date of Event: Friday's and Saturday's October 2, 2026 through October 31, 2026 Extraordinary BuffaloBill'sPumpkinFarm Entertainment& Person in Charge: Christopher Hinkel SpecialEvent Location: 9612 W Oakwood Road, Franklin WI 6:05p.m. Date of Event: Friday's, Saturday's and Sunday's September 25,2026- November 1, 2026 Operator SuzanneSerra 2026-2027 Romey'sPlace New Operator DanielaSilva 2026-2027 Romey'sPlace New Operator BriannaSpease 2026-2027 LuxeGolf/DogHaus/Brick New 3. Adjournment Time: *N otice is given that a majority of the Comm on Council may attend this meeting to gather information about an agenda item over which they have decision-making responsibility. This may constitute a meeting of the Comm on Council per State ex rel. Badke v. Greendale Village Board, even though the Comm on Council will not take formal action at this meeting. APPROVAL Bills REQUESTFOR COUNCILACTION VouchersandPayrollApproval MEETINGDATE 9/15/2026 ITEMNUMBER I Attached are vouchers dated August 28, 2026 through September 10, 2026 Nos. 208320 through Nos. 208457 in the amount of $ 1,145,044.67. Also included in this listing are EFT Nos. 6637 through EFT Nos. 6651, Library vouchers totaling$ 576.20 and Water Utility vouchers totaling$ 37,241.46. Voided checks in the amount of $ (1,725.84) are separately listed. Early release disbursements dated August 28, 2026 through September 9, 2026 in the amount of $ 592,505.72 are provided on a separate listing and are also included in the complete disbursement listing. These payments have been released as authorized under Resolutions 2013-6920, 2015-7062 and 2022-7834. Attached is a list of property tax disbursements, EFT Nos. 600 through Nos. 605 and EFT Nos. 372 (S) through Nos. 373 (S) dated August 31, 2026 in the amount of $ 5,290,280.46. $ 3,031.35 represents refund reimbursements and $ 5,287,249.11 represents settlements from US Bank. There is also an additional$ 8,273,294.33 of tax settlements from American Deposits. These payments have been released as authorized under Resolutions 2013-6920, 2015-7062 and 2022-7834. The net payroll dated September 4, 2026 is$ 477,200.65, previously estimated at $ 486,000. Payroll deductions dated September 4, 2026 are$ 271,321.93, previously estimated at $ 275,000. The estimated payroll for September 18, 2026 is $ 526,000 with estimated deductions and matching payments of $ 590,000. The estimated payroll for October 2, 2026 is$ 488,000 with estimated deductions and matching payments of $2 77,000. COUNCILACTIONREQUESTED Motion approving the following • City vouchers with an ending date of September 10, 2026 in the amount of $ 1,145,044.67 • Payroll dated September 4, 2026 in the amount of $ 477,200.65 and payments of the various payroll deductions in the amount of $ 271,321.93 plus City matching payments and • Estimated payroll dated September 18, 2026 in the amount of $ 526,000 and payments of the various payroll deductions in the amount of $ 590,000, plus City matching payments • Estimated payroll dated October 2, 2026 in the amount of $ 488,000 and payments of the various payroll deductions in the amount of $ 277,000, plus City matching payments. ROLLCALLVOTENEEDED Finance Dept .- NC/SB