Village Packet 03.04.2026
City of Marathon City · Marathon County · meeting of Mar 4, 2026 · Agenda packets
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Kurt Handrick, Jr.
Village President
Cassie Lang
Village Clerk / Deputy Treasurer
311 Walnut Street | P .O. Box 487
Marathon City, WI 54448
Tel: 715-443-2221
www.marathoncitywi.gov
VILLAGE BOARD OF TRUSTEES
OFFICIAL NOTICE & AGENDA
Wednesday, March 4, 2026
6:00 pm – Marathon Municipal Center
PUBLIC VIRTUAL ACCESS
Join Teams Meeting: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 229 434 982 56
Passcode: 832Rn6k4
1. CALL TO ORDER
ROLL CALL: K. HANDRICK, M. AHRENS, K. SORENSON, K. PAUL, B. PARLIER, J. LAWRENCE,
A. CABRERA
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF VISITORS
a. Virtual Meeting Guidelines
This meeting will be recorded and available upon request
b. Public Participation at Government Meetings
4. APPROVAL OF VILLAGE BOARD MEETING MINUTES
a. February 4, 2026 Regular Village Board Meeting
b. February 11, 2026 Special Village Board Meeting
5. APPROVAL OF LICENSE APPLICATIONS
a. Discuss and Approve Operator License for Jamie Heindl – Arrow Tap
6. ADMINISTRATORS REPORT
7. UNFINISHED BUSINESS
a. Discuss and Possible Action on Fire Department Engine #46
b. Discuss and Possible Action to Approve Purchase of Sign Design for County Materials
Sports Complex Using New Donation Pledge Funds
8. NEW BUSINESS
a. Update on Village of Marathon City Cooperative Agreement No. 4B-00E03200 Wisconsin
Assessment Monies (WAM)/Brownfield Site Assessment Grant for the Weisenberger Tie &
Lumber Site in Marathon City.
b. Discussion on Fisher Transportation Inc (Marathon School Busing) STH 107 Village
Snow/Ice Removal Request
c. Discussion on Stittleburg Restorative Health Care Development Agreement
9. VILLAGE BOARD WILL GO INTO CLOSED SESSION BY ROLL CALL VOTE PER WIS. STAT.
19.85(1)(e) “DELIBERATING OR NEGOTIATING THE PURCHASE OF PUBLIC PROPERTIES,
THE INVESTING OF PUBLIC FUNDS, OR CONDUCTING OTHER SPECIFIED PUBLIC
BUSINESS, WHENEVER COMPETITIVE OR BARGAINING REASONS REQUIRE A CLOSED
SESSION.”
a. Stittleburg Restorative Health Care Development Agreement
10. VILLAGE BOARD WILL RETURN TO OPEN SESSION BY ROLL CALL VOTE
11. TAKE ACTION ON CLOSED SESSION ITEMS IF NEEDED
a. Discuss and Possible Action on Stittleburg Restorative Health Care Development
Agreement
Kurt Handrick, Jr.
Village President
Cassie Lang
Village Clerk / Deputy Treasurer
311 Walnut Street | P .O. Box 487
Marathon City, WI 54448
Tel: 715-443-2221
www.marathoncitywi.gov
VILLAGE BOARD OF TRUSTEES
OFFICIAL NOTICE & AGENDA
Wednesday, March 4, 2026
6:00 pm – Marathon Municipal Center
PUBLIC VIRTUAL ACCESS
Join Teams Meeting: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 229 434 982 56
Passcode: 832Rn6k4
i. Discuss and Possible Action on CSM for 400 Block – Stittleburg Development
Project Lots 1&3
12. REVIEW AND APPROVAL OF BILLS
13. RESOLUTIONS AND ORDINANCES
a. Discuss and Approval of Resolution 2026-03-04A: Declare Official Intent Under
Reimbursement Bond Regulations
i. Discuss and Approval of Declaration of Official Intent 2026-03-04A to use up to
$150,000 Utility Reserve Fund for Well #5 Project with Intent of Reimbursement by
the Clean Water Loan
b. Discuss and Approval of Resolution 2026-03-04B: Amending the 2026 General Fund and
2026 Park Fund Budgets for the Red Granite Monument Purchase and Installation
14. FUTURE SCHEDULED MEETINGS:
a. Regular Village Board Meeting – Wednesday, April 1, 2026 – 6:00 pm
b. Special Village Board Meeting – As Needed
15. ADJOURNMENT
VILLAGE BOARD OF TRUSTEES
Minutes
Wednesday, February 4, 2026
1. CALL TO ORDER: 6:01pm
ROLL CALL: K. HANDRICK-Present, M. AHRENS-Present, K. SORENSON-Present, K. PAUL-
Present but late (6:04 pm), B. PARLIER-Present, J. LAWRENCE-Present, A. CABRERA-Absent
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF VISITORS
a. Virtual Meeting Guidelines
i. This meeting will be recorded and available upon request
b. Public Participation at Government Meetings
In Person: Dave Phillips (Phillips Enterprise Limited) and Randy Wokatsch (Farmers Market).
Present Virtually: Kevin O’ Brien (The Record Review) and Michael (Unverified on Teams)
4. APPROVAL OF VILLAGE BOARD MEETING MINUTES
a. January 7, 2026 Regular Village Board Meeting
b. January 29, 2026 Special Village Board Meeting
Motion – Approve both January 7, 2026 Regular Village Board Meeting Minutes
and January 29, 2026 Special Village Board Meeting Minutes
Motion made by Lawrence second by Ahrens. Motion passed by voice vote.
5. APPROVAL OF LICENSE APPLICATIONS
a. Review Probationary Operator License for Dustin Buchberger – Arrow Tap
Motion - Approve Dustin from Probationary Operator License to an Operator
License for Arrow Tap
Motion made by Sorenson second by Paul. Motion passed by voice vote.
b. Discuss and Approve Operator License for Kali Woldt - Arrow Tap
Motion - Approve Kali Woldt Operator License for Arrow Tap
Motion made by Parlier second by Paul. Motion passed by voice vote.
c. Discuss and Approve Operator License for Joshua Rebeck – True North Energy, LLC.
Motion - Approve Joshua Rebeck Operator License for True North Energy LLC
Motion made by Ahrens second by Parlier. Motion passed by voice vote.
6. ADMINISTRATORS REPORT
Administrator Cherek presented the Trustees with an overview of the daily operations of the
Village since the January 7, 2026 meeting. Details of his report can be found in the Agenda
Packet.
7. UNFINISHED BUSINESS – No Unfinished Business
8. NEW BUSINESS
a. Discuss and Approve Phillips Enterprise Limited Development Agreement
Administrator Cherek introduced Dave Phillips of Phillips Enterprise Limited to discuss
his business plan for a proposed $863,000 development consisting of a four-tenant
commercial-to-light-industrial rental building on a village-owned lot at the corner of Circle
Drive and Blue Stone Lane. Phillips provided a detailed presentation including his
business plan, vision, and the building site plan created by Meyer Buildings. The
proposed development site plan was included in both the Development Agreement and
the meeting agenda packet.
The Village Board and Phillips held a discussion regarding the building height and
confirmed that it complies with the requirements of the Marathon City Business Park
zoning ordinance. Administrator Cherek explained that all requirements had been
reviewed and verified with Phillips’ site developer (Meyer Buildings) and with him prior to
the creation of the Development Agreement. Cherek confirmed that the proposal meets
all applicable Village Ordinances, including the Business Park zoning code. Board
members agreed that the proposed development would significantly improve the
appearance of the area and expressed support for the plan.
Administrator Cherek informed the Village Board that Phillips Enterprise Limited had
worked with him, and he had coordinated with Village Attorney Shane VanderWaal, to
develop the Development Agreement for the purchase of the Village-owned lot. The
Development Agreement presented to the Board had been signed by Phillips Enterprise
Limited prior to the meeting. Administrator Cherek reviewed the requirements outlined in
the agreement. Key items included: a property closing date on or before March 13; the
agreement term ending December 2036, matching the life of Village TID 1; sale of the
Village-owned property for $1.00 with the requirement that Phillips construct a building
with an assessed value of $604,000 or greater; a minimum guaranteed annual Village
property tax payment of $10,084; a $100,000 Irrevocable Standby Letter of Credit in the
Village’s name (as described in Exhibit F) to be used only if the development is not
constructed; and a requirement for the mortgage company to sign the Mortgagee Real
Estate Agreement (as described in Exhibit E).
Motion – Approve Phillips Enterprise Limited Development Agreement
Motion made by Paul second by Ahrens. Motion passed by voice vote
.
b. Discuss and Approve Veterans Park – Farmers Market proposed set up change request
for 2026
Administrator Cherek introduced Randy Wokatsch from the Farmers Market to discuss
the draft layout and proposed modifications for relocating the Market to Veterans Park.
Administrator Cherek explained that with State Highway 107 scheduled for
reconstruction in 2026, the opening of the new ballpark (County Materials Sports
Complex) this year, and the potential development of the downtown 400-block property,
2026 presents an ideal opportunity to consider moving the Farmers Market to Veterans
Park. Cherek stated that doing so would support converting the park into a multi-purpose
space and would provide a great benefit to residents.
Randy Wokatsch presented draft layout options to the Village Board and explained how
the Farmers Market plans to utilize Veterans Park if the Board approves the relocation.
Several logistical items were discussed, including moving bricks and a lean-to structure
currently stored in the southeast corner of the building to the area behind the
bathroom/infield sand storage location, allowing the Farmers Market to use the buildings
for customer access. The group also discussed the possible removal of a property-line
fence on the southeast corner of the property. However, the Board requested that
Administrator Cherek investigate this further due to the fence being used by other
groups—such as those hosting chicken dinners—and related safety concerns.
Overall, the Village Board expressed support for moving the Farmers Market to Veterans
Park. They directed Administrator Cherek to contact other groups that regularly use the
park, including the American Legion, before any changes or alterations are made this
year.
No motion was made on this item.
c. Discuss and Approve Marathon Youth Softball Parks Use License Agreement
Administrator Cherek presented the Board with the Marathon Youth Softball Parks User
License Agreement. He explained that the agreement covers all travel softball teams
ranging from 9U through the high school program. Cherek informed the Board that this
group is working collaboratively with all other ball organizations, including Legion Ball,
Marathon School Softball, and Marathon Travel Baseball.
It was noted that Travel Ball (softball and Baseball) will split the park usage cost—set by
the Village Board during the park budgeting process—on a 50/50 basis. As a result, the
agreement fee for 2026 is $1,979.05 each group.
Village Trustee Lawrence asked whether the groups had been informed that the fee will
increase over time as the Village gradually shifts subsidized costs to user groups.
Cherek confirmed that they had been informed. He added that he is hopeful that
additional revenue sources, such as advertising, will help offset Village subsidy
reductions and reduce future fee increases for user groups
Motion – Approve 2026 Marathon Youth Softball Parks Use License Agreement
Motion made by Paul second by Parlier. Motion passed by voice vote
.
9. REVIEW AND APPROVAL OF BILLS
Village Trustee Ahrens questioned Village information technology expenses in general
during the approval of bills. Administrator Cherek explained several of the annual IT renewal
charges that appeared in the past month’s check run register for Board approval. He also
shared his concerns regarding rising IT costs across all departments and explained how he
has been addressing these increases through the reduction and consolidation of computers.
Overall, no specific checks were questioned; the Board simply reviewed the information
technology expenses in greater detail.
Motion – Approve Payment of Bills
Motion made by Ahrens second by Paul. Motion passed by voice vote
.
10. RESOLUTIONS AND ORDINANCES
11. FUTURE SCHEDULED MEETINGS:
a. Regular Village Board Meeting – Wednesday, March 4, 2026 – 6:00 pm
b. Special Village Board Meeting – As Needed
12. ADJOURNMENT at 7:49
Motion made by Lawrence second by Paul. Motion passed by voice vote.
Steven Cherek
Village Administrator / Treasurer
VILLAGE BOARD OF TRUSTEES
MINUTES
SPECIAL MEETING
Wednesday, February 11, 2026
1. CALL TO ORDER at 6:00 pm
ROLL CALL: K. HANDRICK-Present, M. AHRENS-Present, K. SORENSON-Present, K. PAUL-Present, B.
PARLIER-Present, J. LAWRENCE-Present, A. CABRERA-Absent
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF VISITORS
a. Virtual Meeting Guidelines
This meeting will be recorded and available upon request
b. Public Participation at Government Meetings
In Person: Fire Chief Darrin Hall
4. NEW BUSINESS
a. Discuss and Approve Sign Design for County Materials Sports Complex
*Item moved After 4b.
Administrator Cherek informed the Board that per their signed land purchase agreement in 2020 with
the previous land owner, a red granite monument is to be displayed near the flagpoles at the
entrance of the park. In talking with Wausau Monument, Cherek presented a mock up drawing of the
5’x3’x6” monument to be installed. He estimates the cost of monument and installation to be
between $10,000-11,000. The monument is to be installed before games are played at the fields, per
the agreement.
Cherek then shared designs of informational signs for County Materials Sports Complex, St
Matthew’s Church, and Little Lions Daycare, including signs for the entrance to the park, driveway
and sidewalk signs and field name signs. Design proofs from Stratford Sign Company included in
Agenda Packet. Quote for all signs from Stratford Sign Company is $47,145.
The Park project is set to end about $14,000 negative after drain tile is scheduled to be installed in
spring to help alleviate a water drainage issue on the fields. This is before purchase of any signs.
Cherek informed the Board the 4th Street project budget is sitting positive $46,000 with $23,000
going towards the lighting of the tunnel that will happen in spring. The extra $20,000 in this project
could be reallocated to help pay for the monument.
The Board agreed to move forward with the monument per the 2020 land purchase agreement and
have Cherek draft a letter to the donation sources to inform them that park donation signage will
come later as funds become available.
b. Discuss and Possible Action on Fire Department Engine #46
*Item moved ahead of 4a.
On Tuesday, February 10
th, on a Fire call to Kwik Trip, the pump housing cracked on Engine #46.
The pump is used for pumping water at calls when needed but is also connected to the transmission
Cassie Lang
Village Clerk / Deputy Treasurer
and the drive shaft of the Engine. The Engine became undriveable immediately and required towing
back to the station.
Engine #46 is the Village Engine. It holds all the LDH (large diameter hoses) that hook directly to
hydrants in case of a fire call within Village limits. The Dept removed some equipment from primary
Engine #49 to make room for approximately 600’ of the LDH and needed fittings in case of a Village
Fire.
Cherek spoke with a representative from ISO (Insurance Services Office) to determine how being
down an engine could affect MFD’s ISO rating. The rating could move from a 6 to a 9, with a 10
being the least favorable rating in the scale.
North Star Emergency Vehicle Service, who has done annual pump tests for the Dept for years, has
been contacted by Chief Hall to give an estimate on repairs. From pictures shared with him, he
estimates cost to be around $30,000 - 40,000. He will be out to assess the pump in person within the
next week.
Cherek and the Board discussed options within the budget to cover cost of repair or financing if a
replacement Engine is needed. Ultimately, no motions were made at this time. Cherek will report
back on findings from North Star Emergency Vehicle Services when a repair quote is supplied.
5. VILLAGE BOARD WILL GO INTO CLOSED SESSION BY ROLL CALL VOTE PER WIS. STAT.
19.85(1)(e) “DELIBERATING OR NEGOTIATING THE PURCHASE OF PUBLIC PROPERTIES, THE
INVESTING OF PUBLIC FUNDS, OR CONDUCTING OTHER SPECIFIED PUBLIC BUSINESS,
WHENEVER COMPETITIVE OR BARGAINING REASONS REQUIRE A CLOSED SESSION.”
MOTION – Go into Closed Session per Wis Stat. 19.85(1)(e) at 7:17 pm
Motion made by Ahrens second by Lawrence. Motion passed by roll call vote.
AHRENS-Yes SORENSON-Yes PAUL-Yes PARLIER-Yes LAWRENCE-Yes HANDRICK-Yes
a. Stittleburg Restorative Health Care Development Agreement
6. VILLAGE BOARD WILL RETURN TO OPEN SESSION BY ROLL CALL VOTE
MOTION – Return to Open Session at 7:47 pm
Motion made by Sorenson second by Ahrens. Motion passed by roll call vote.
SORENSON-Yes PAUL-Yes PARLIER-Yes LAWRENCE-Yes HANDRICK-Yes AHRENS-Yes
7. TAKE ACTION ON CLOSED SESSION ITEMS IF NEEDED
No action taken
8. FUTURE SCHEDULED MEETINGS:
a. Regular Village Board Meeting – Wednesday, March 4, 2026 – 6:00 pm
b. Special Village Board Meeting – As Needed
9. ADJOURNMENT at 7:48 pm
Motion to adjourn made by Lawrence second by Sorenson. Motion passed by voice vote.
Administrator’s Report – March 4, 2026
1) Permits
• Building Permits (3)
o 501 Pine Street – New Windows
o 900 County Road B – New Windows
• Conditional Building Permit (1)
o 400 Block - Stittleburg Development – Only after property close and state
approved plans
• Sign Permit (1)
o 668 Maratech Ave – Grandview Real Estate Management
2) Fire Department
• First Responder Calls – February 2026
o 17 Total Calls: 6 in Towns, 11 Village
• Fire Calls – January 2026
o 3 total calls: 0 in Town Sections, 2 Village, 1 Auto Aid – T. Hamburg
3) Administration – Clerk’s Office
The Administration Office remained busy with tax collection activities and completing the
February tax settlement accounting entries. We have also been working with our auditors on the
Public Service Commission (PSC) reporting. This reporting process is time‑consuming, and
based on discussions with previous staff, it has consistently been one of the more complex tasks
handled in our office.
One of our goals is to improve the reporting process and the account setup within our Workhorse
software. We have identified several customer account configurations that produce accurate
billing but are not structured in the most efficient way for reporting purposes. To address this, on
March 3, 2026, the Village Clerk and Administrator visited the City of Mosinee to review how
their Workhorse accounts and reports are organized.
Additionally, we are coordinating with our Utilities Department to gather more accurate and
complete information, which will help reduce the amount of time required for PSC reporting and
other future reporting needs.
4) Public Works / Utilities
Public Works continues to focus on winter operations. Staff attempted to install the drain tile at
the County Materials Sports Complex; however, the ground was more frozen than anticipated,
preventing completion of the work. This project has now been rescheduled for March.
Repairs to the 2014 Ventrac have been completed, and the equipment appears to be functioning
properly. We are still experiencing electrical and hydraulic issues with the 2002 CAT Loader. It
is currently in the repair shop, and a CAT specialist has inspected it. If the issue cannot be
resolved, we will explore the possibility of taking the loader to another repair facility for further
diagnostics and repair.
5) Police Department
The Police Department’s 2023 Dodge Durango cooling system/oil cooler issue reported last
month has been repaired under warranty. It was noticed that the 2019 Dodge Durango is
experiencing the same issue; however, this vehicle is no longer under warranty. The estimated
cost for repair is approximately $1,500. Because this is an out-of-warranty repair, we are
obtaining additional estimates from other local repair shops for comparison. We do have the
funds available within the 2026 Police Vehicle repair budget.
The Police Department’s Tasers are experiencing intermittent failures. Staff have been able to
make temporary modifications to keep them operational for now, but we are actively exploring
replacement options. Based on preliminary research, it appears that the cost of replacement
would fall within the 2026 Equipment Upgrade budget but also consume around $3,200 in this
account for future years. We currently budget $8,500 in their equipment upgrade/repair budget
each year.
I plan to have the Police Chief provide a full department report at the next Village Board
Meeting, and this will likely be one of the items discussed.
5) Administrator Activities & Plans for March
With spring approaching, we have several project meetings scheduled for March. My plan is to
focus on organizing and coordinating these projects to ensure they move forward as needed. In
addition to project oversight, I also intend to review other key items—such as the Wisconsin
shared revenue formula and Market Street Grant review —to help ensure we stay on track with
our long-term goals for the year.
Steven Cherek
Village Administrator
Monthly Report
February 2026
Fire Calls-3 Calls
Village of Marathon-2 Calls
Auto Aid. Town of Rib Falls (Hamburg Fire)-1
Call
EMS Calls- 17 calls
Village of Marathon-11 Calls
Town of Cassel-1 Call
Town of Marathon-1 Call
Town of Stettin-4 Calls
Training/School- One member currently in Firefighter 1 class at NTC.
One member currently in EMR class at NTC.
Public Relations- Fire Dept. escort was done for state qualifiers for High School wrestlers.
Upcoming Events- WSFA (Wis. State Firefighters Association) Convention March 12-14 in Green Bay.
Upcoming Meetings/Drills-
Fire Meeting and Drill. Wed. 3/4 @ 7:00 PM
Officer Meeting. Wed. 3/4 @ 6:30 PM
EMS Meeting and Drill. Wed. 3/18 @6:30 PM
State/County Activity-
Fire incidents are being recorded into Image Trend the Department’s new Record Management System
without any problems.
Budget Comparison - Detail
MFD YTD
2026
Actual Budget
Status Budget
% of
12/31/2025
1
ACCT
3:04 PM2/26/2026
2025
Actual 2026
Account Number 02/26/2026 Budget
Page:
0.00 0.00 0.00 0.00100-00-47100-000-000 FIRE CALLS-VILLAGE LABOR CHG. 359.40
0.00 0.00 0.00 0.00100-00-47110-000-000 FIRE CALLS-VILLAGE EQUIP CHGS 0.00
0.00 0.00 0.00 0.00100-00-47200-000-000 FIRE CALLS-TOWNSHIP LABOR 0.00
0.00 0.00 0.00 0.00100-00-47210-000-000 FIRE CALL-TOWNSHIP EQUIPMENT 0.00
======================================================================================================================================================
0.0001-MFD-FIRE CALLS 359.40 0.000.00
======================================================================================================================================================
0.00
0.00 10,338.26 -10,338.26 0.00100-00-47300-000-000 2% FIRE INS REBATE - VILLAGE 10,338.26
0.00 9,370.82 -9,370.82 0.00100-00-47305-000-000 2% FIRE INS REBATE - TOWNSHIPS 9,370.82
======================================================================================================================================================
19,709.0802 - MFD FIRE INS DUES 19,709.08 0.00-19,709.08
======================================================================================================================================================
0.00
90,583.60 112,566.98 -21,983.38 80.47100-00-47400-000-000 TOWNSHIP SECTION FEES - FIRE 113,202.78
======================================================================================================================================================
112,566.9803 -MFD FIRE SECTION FEES 113,202.78 80.47-21,983.38
======================================================================================================================================================
90,583.60
0.00 0.00 0.00 0.00100-00-43425-000-000 FIRE DEPT. FEDERAL GRANT 0.00
8.95 0.00 8.95 0.00100-00-47450-000-000 MISCELLANEOUS REVENUE 6,095.02
======================================================================================================================================================
0.0004 - MFD OTHER REV 6,095.02 0.008.95
======================================================================================================================================================
8.95
0.00 0.00 0.00 0.00100-00-49100-000-001 PROCEEDS FROM DEBT-FD 0.00
======================================================================================================================================================
0.0004a - MFD PROCEEDS FROM DEBT 0.00 0.000.00
======================================================================================================================================================
0.00
6,752.33 16,036.78 -9,284.45 42.11100-00-47500-000-000 TOWNSHIP SECTION FEES - 1ST R 9,256.80
======================================================================================================================================================
16,036.7805-MFD FIRST RESPONSER SEC FEE 9,256.80 42.11-9,284.45
======================================================================================================================================================
6,752.33
======================================================================================================================================================
97,344.88 148,312.84Total Revenues 148,623.08 65.63-50,967.96
======================================================================================================================================================
Note: 2025 Values do
Not reflect 25' Audit
adjustments. Not Actual
Budget Comparison - Detail
MFD YTD
2026
Actual Budget
Status Budget
% of
12/31/2025
2
ACCT
3:04 PM2/26/2026
2025
Actual 2026
Account Number 02/26/2026 Budget
Page:
105.00 15,640.00 15,535.00 0.67100-00-52200-110-000 FIRE DEPARTMENT - WAGES 32,377.12
2,746.00 12,900.00 10,154.00 21.29100-00-52200-110-001 SECTION 139B FIRE WAGES 12,309.50
0.00 8,000.00 8,000.00 0.00100-00-52200-115-000 FIRE INSPECTIONS 8,340.00
0.00 0.00 0.00 0.00100-00-52200-120-000 UNEMPLOYMENT INSURANCE 0.00
8.04 1,196.46 1,188.42 0.67100-00-52200-130-000 FICA/MEDICARE 2,471.82
0.00 100.00 100.00 0.00100-00-52200-140-000 RETIREMENT 69.60
0.00 0.00 0.00 0.00100-00-52200-145-000 FD DRUG TESTING 0.00
0.00 500.00 500.00 0.00100-00-52200-210-000 FD LEGAL FEES 0.00
2,753.56 20,500.00 17,746.44 13.43100-00-52200-220-000 FD UTILITIES 22,175.10
0.00 1,330.00 1,330.00 0.00100-00-52200-295-000 FD DUES & SUSCRIPTIONS 1,130.00
1,098.66 5,500.00 4,401.34 19.98100-00-52200-330-000 FD BUILDING & MISC. REPAIRS 5,826.07
698.09 10,000.00 9,301.91 6.98100-00-52200-360-000 FD EQUIPMENT REPLACE & REPAIR 12,092.64
492.11 15,000.00 14,507.89 3.28100-00-52200-370-000 FD VEHICLE MAINTENANCE 10,858.09
0.00 10,000.00 10,000.00 0.00100-00-52200-380-000 FD TANKER MAINTENANCE 0.00
84.96 2,200.00 2,115.04 3.86100-00-52200-381-000 FD - GAS / FUEL 2,739.08
0.00 1,500.00 1,500.00 0.00100-00-52200-382-000 FD EQUIPMENT USED AT FIRE 1,547.45
161.40 4,000.00 3,838.60 4.04100-00-52200-383-000 FD EDUCATION/SEMINARS/TRAINING 1,053.08
0.00 0.00 0.00 0.00100-00-52200-385-000 FIRE DEPT. - TANKER FUEL #47 0.00
2,292.74 3,500.00 1,207.26 65.51100-00-52200-390-000 FD GENERAL SUPPLIES 3,553.98
0.00 0.00 0.00 0.00100-00-52200-393-000 FD EMPLOYEE MEDICAL EXPENSE 0.00
0.00 0.00 0.00 0.00100-00-52200-395-000 FD FIRE INSPECTION MILEAGE 0.00
0.00 2,000.00 2,000.00 0.00100-00-52200-395-100 FD SCHOOLING MILEAGE 1,379.00
1,047.41 12,500.00 11,452.59 8.38100-00-52200-400-000 FD IT 14,391.54
0.00 15,000.00 15,000.00 0.00100-00-52200-820-000 FD PERSONAL PROTECTIVE EQUIP. 11,139.69
483.98 5,000.00 4,516.02 9.68100-00-52200-820-100 FD PAGERS & RADIOS 5,280.16
0.00 0.00 0.00 0.00100-00-52200-820-200 FD HOSE 0.00
0.00 0.00 0.00 0.00100-00-52200-825-000 F.D. FED. GRANT FUNDED EQUIP 0.00
50.00 1,500.00 1,450.00 3.33100-00-52200-900-000 FD FIRE PREVENTION 1,250.98
0.00 500.00 500.00 0.00100-00-52200-999-000 FD MISCELLANEOUS EXPENSE 2,629.77
======================================================================================================================================================
148,366.4606 -FIRE DEPARTMENT OPERATIONS 152,614.67 8.10136,344.51
======================================================================================================================================================
12,021.95
9,063.78 16,000.00 6,936.22 56.65100-00-52200-939-000 FD AUTO/LIABILITY/LIFE INS. 13,926.04
======================================================================================================================================================
16,000.0007-MFD INSURANCE AND BONDS 13,926.04 56.656,936.22
======================================================================================================================================================
9,063.78
0.00 73,230.00 73,230.00 0.00100-00-52200-910-000 FD HYDRANT RENTAL 0.00
======================================================================================================================================================
73,230.0008-MFD HYDARANT RENTAL 0.00 0.0073,230.00
======================================================================================================================================================
0.00
0.00 30,000.00 30,000.00 0.00100-00-52200-950-001 FD 2024 ENGINE #49 PRINCIPAL -0.48
0.00 10,901.39 10,901.39 0.00100-00-52200-950-002 FD 2024 ENGINE #49 INTEREST -0.02
======================================================================================================================================================
40,901.398.2 - FD DEBT SERVICE -0.50 0.0040,901.39
======================================================================================================================================================
0.00
0.00 0.00 0.00 0.00100-00-52200-810-000 FD CAPITAL EQUIP - TRUCKS 0.00
======================================================================================================================================================
0.008.3 - FD CAPITAL OUTLAY 0.00 0.000.00
======================================================================================================================================================
0.00
0.00 10,913.00 10,913.00 0.00100-00-52350-210-000 EMS AMBULANCE SERVICE 10,913.00
9.99%
Wages
Budget Comparison - Detail
MFD YTD
2026
Actual Budget
Status Budget
% of
12/31/2025
3
ACCT
3:04 PM2/26/2026
2025
Actual 2026
Account Number 02/26/2026 Budget
Page:
======================================================================================================================================================
10,913.0009-MFD AMBULANCE SERVICE 10,913.00 0.0010,913.00
======================================================================================================================================================
0.00
210.00 16,680.00 16,470.00 1.26100-00-52300-110-000 EMS WAGES 18,193.13
3,990.00 6,900.00 2,910.00 57.83100-00-52300-110-001 SECTION 139B EMS WAGES 6,872.50
16.06 1,803.87 1,787.81 0.89100-00-52300-130-000 EMS FICA & MEDICARE 1,392.32
135.00 3,000.00 2,865.00 4.50100-00-52300-383-000 EMS EDUCATION/SEMINAR/TRAINING 2,270.87
389.14 9,800.00 9,410.86 3.97100-00-52300-390-000 EMS SUPPLIES & EXPENSES 7,494.22
0.00 150.00 150.00 0.00100-00-52300-393-000 EMS EMPLOYEE MEDICAL EXPENSE 0.00
0.00 500.00 500.00 0.00100-00-52300-395-000 EMS MILEAGE/MEALS/MOTELS 588.00
0.00 5,000.00 5,000.00 0.00100-00-52300-820-100 EMS PAGERS & RADIOS 4,975.63
======================================================================================================================================================
43,833.8710-FIRST RESPONDERS OPERATIONS 41,786.67 10.8139,093.67
======================================================================================================================================================
4,740.20
======================================================================================================================================================
25,825.93 333,244.72Total Expenses 219,239.88 7.75307,418.79
======================================================================================================================================================
-256,450.83-184,931.88-70,616.80 -38.6771,518.95Net Totals
17.81%
Wages
Option 1 – Purchase of a Used Fire Engine
Approve spending up to $125,000 for the purchase of a used fire engine. The 2026 revenue
and the additional 2027 expenditures would be financed through a 2026 General Obligation
Note (10-year loan). Payments would begin in 2027 and be funded through a combination
of reductions within the 2027 Fire Department Operating Budget and reasonable increases
to the 2027 Fire Contract revenues.
Purchasing a newer, upgraded engine at this time is estimated to provide the Fire
Department with an additional 15–20 years of useful life before replacement is required.
The engine sought would maintain the Village’s current ISO fire rating and serve the
Department more effectively than the existing Fire Engine #46.
This option keeps the Village aligned with the 2025–2029 Capital Improvement Plan,
adopted under Resolution 2025-07-02A on July 2, 2025.
Option 2 – Repair Fire Engine #46
Allocate up to $45,000 toward the repair work needed on Fire Engine #46, as spending
beyond this amount would require borrowing within the 2026 budget year. This option
would require a 2026 Budget Amendment, redirecting funds by removing $35,500 from the
2026 Street Overlays and Surface Treatments budget and $10,000 from the General Fund
Fire Department budget for Fire Tanker Maintenance.
At this time, it is unknown whether $45,000 will fully cover the repair costs. Additional
expenses may be incurred for transporting the vehicle to the repair shop, and further issues
could be identified once the vehicle is inspected. Additionally, these repairs would only
address the drivetrain and pump failure, not other existing issues with the vehicle.
Choosing this option would impact the approved 2025–2029 CIP , delay needed street
repairs, and potentially increase future street maintenance costs. Completing the repairs is
estimated to provide 5–10 additional years of useful life for Fire Engine #46 before
replacement would again be needed.
Option 3 – Sell and do not Replace Fire Engine #46
Under this option, the Village would sell Fire Engine #46 as is and not pursue a replacement
apparatus. While this is a viable choice, it carries significant operational and service-level
impacts. Removing this engine would reduce the available firefighting apparatus necessary
to maintain current ISO ratings, as well as diminish the Department’s ability to have
essential equipment on scene when needed—such as large-diameter hose, EMS support
equipment, and other critical response tools.
For Fire Service members residing outside of a fire hydrant zone but within five miles of the
Fire Station, the ISO rating would be expected to drop from a Class 6 to a Class 9. Such a
change may negatively impact insurance premiums for affected property owners and
reduce overall fire protection capabilities within the service area.
Estimate
Date 2/23/2026
Estimate # 1166
Name / Address
Marathon City Fire Department
PO Box 178
Marathon, WI 54448
North Star Emergency Vehicle Service Inc.
North Star Emergency Vehicle Service Inc.
PO Box 1045
Woodruff, WI 54568
P.O. #
Terms Net 30 Due Date 3/25/2026
Other
Balances are due within 30 days of invoice date. 2.0% interest will be charged
after 45 days.
715-614-2465northstarevs@hotmail.com
Total
Subtotal
Sales Tax (0.0%)
Description Qty Rate Total
E46 --- Gear case failed and split while in road gear.
Pump and gear case are obsolete and will need a full
replacement of the pump center section. Remove
and replace center section. Darley no longer supports
existing driveline. Measure for the new driveline and
have the driveline fabricated. Reinstall all
components.
50 140.00 7,000.00
LDM1000-1750 REPLACEMENT Configurator,
STL213
1 32,080.00 32,080.00
Estimated Driveline/Material Allowance 2,000.00 2,000.00
Pump Test Outside of Maintenance Program (Test
Drops to $275 if done in conjunction with pump
maintenance)
1 1.00 1.00
**Work to be performed at NSEVS shop in Woodruff,
WI.
$41,081.00
$41,081.00
$0.00
Financing Plan Tax Impact
Village of Marathon City, WI
3% Growth
2026 G.O. Notes2027 G.O. Notes
Net Debt Change Annual Taxes 125,000 340,000 Total Levy Change Total Tax Annual Taxes
Year Less: Less: Less: Service From Prior Tax Rate $300,000 Dated: 6/1/2026Dated: 6/1/2027Less: Net Debt from Prior Rate for $300,000 Year
Ending TID#1 TID#2 Fire Levy Year Levy Per $1,000 HomeTotal Principal and InterestTotal P&I
Fire Contract
Rev. Service Levy Year Debt Service Home Ending
2026 706,988 (145,767) (137,250) (40,901) 315,473 (14,341)206,216,800 $1.53 $458.94 0 0 0 315,473 (14,341) $1.53 $459 2026
2027 723,695 (157,000) (138,575) (40,250) 313,207 (2,266) 212,403,304 $1.52 $455.65 16,583 0 (16,583) 313,208 (2,266) $1.47 $442 2027
2028 687,495 (154,750) (134,825) (38,750) 261,007 (52,200)212,403,304 $1.27 $379.71 16,583 51,705 (16,583) 312,713 (495) $1.47 $442 2028
2029 992,570 (457,500) (136,000) (42,250) 261,407 400 212,403,304 $1.27 $380.29 16,583 51,705 (16,583) 313,113 400 $1.47 $442 2029
2030 917,795 (410,000) (137,025) (40,500) 232,607 (28,800)212,403,304 $1.13 $338.39 16,583 51,705 (16,583) 284,313 (28,800) $1.34 $402 2030
2031 646,401 (314,000) 0 (38,750) 193,989 (38,619)212,403,304 $0.94 $282.21 16,583 51,705 (16,583) 245,694 (38,619) $1.16 $347 2031
2032 636,520 (317,000) 0 (42,000) 176,108 (17,881)212,403,304 $0.85 $256.20 16,583 51,705 (16,583) 227,814 (17,881) $1.07 $322 2032
2033 661,650 (414,250) 0 0 149,488 (26,620)212,403,304 $0.72 $217.47 16,583 36,484 (16,583) 185,972 (41,842) $0.88 $263 2033
2034 659,400 (411,000) 0 0 148,988 (500) 212,403,304 $0.72 $216.74 16,583 36,484 (16,583) 185,472 (500) $0.87 $262 2034
2035 656,600 (410,800) 0 0 149,388 400 212,403,304 $0.72 $217.33 16,583 36,484 (16,583) 185,872 400 $0.88 $263 2035
2036 163,000 0 0 0 109,588 (39,800)212,403,304 $0.53 $159.43 16,583 36,484 (16,583) 146,072 (39,800) $0.69 $206 2036
2037 163,200 0 0 0 106,188 (3,400) 212,403,304 $0.51 $154.48 0 36,484 0 142,671 (3,400) $0.67 $202 2037
2038 163,200 0 0 0 107,788 1,600 212,403,304 $0.52 $156.81 0 0 0 107,788 (34,884) $0.51 $152 2038
2039 163,000 0 0 0 109,188 1,400 212,403,304 $0.53 $158.84 0 0 0 109,188 1,400 $0.51 $154 2039
2040 162,600 0 0 0 105,388 (3,800) 212,403,304 $0.51 $153.32 0 0 0 105,388 (3,800) $0.50 $149 2040
2041 97,000 0 0 0 41,588 (63,800)212,403,304 $0.20 $60.50 0 0 0 41,588 (63,800) $0.20 $59 2041
2042 98,600 0 0 0 45,100 3,513 212,403,304 $0.22 $65.61 0 0 0 45,100 3,513 $0.21 $64 2042
2043 99,988 0 0 0 43,400 (1,700) 212,403,304 $0.21 $63.14 0 0 0 43,400 (1,700) $0.20 $61 2043
2044 76,163 0 0 0 21,700 (21,700)212,403,304 $0.11 $31.57 0 0 0 21,700 (21,700) $0.10 $31 2044
2045 78,188 0 0 0 20,850 (850) 212,403,304 $0.10 $30.33 0 0 0 20,850 (850) $0.10 $29 2045
Total 9,532,891 (3,670,943) (819,450) (317,776) 3,242,250 165,835 440,944 (165,830) Total
Notes:
Jan 1, 2026 Equalized Valuation assumes a 3% growth assumption
Existing Debt
Abatements Debt Service Levy Taxes
Total Debt
Payments
Equalized
Value
(TID OUT)
Village of Marathon City, WI
Jan 1, 2025 Equalized Value = $206.2 million
Jan 1, 2026 Equalized Value = $212.4 million
$1.53 $1.47 $1.47 $0.00$0.20$0.40$0.60$0.80$1.00$1.20$1.40$1.60$1.80050,000100,000150,000200,000250,000300,000350,0002026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045Levy and Tax Rate for Debt Service (Estimated) Existing Debt (Net Levy)2027 G.O. Notes - Plow TruckTax Rate
2024 paid 2025 paid 2026 paid 2027 Muni Max 2027 Budget No Change2027 All Same rate -1 Town Max2027 Increase totals
Cassel $16,379.34 $21,839.12$21,983.38 $2,198.34 $23,129.77 $24,181.71 $2,198.33
Rib Falls $15,730.07 $20,973.42$18,555.47 $1,855.55 $18,731.54 $19,583.45 $1,027.98
Stettin $60,525.05 $70,390.24$72,028.13 $7,202.81 $70,743.16 $73,960.56 $1,932.43
Marathon City $74,282.50 $66,171.13$72,991.79 $3,649.59 $72,954.30 $76,272.28 $3,280.49
Total Collected: $166,916.96 $179,373.91$185,558.77 $14,906.29 $185,558.77 $193,998.00 $8,439.23
MFD - Budget Amount $166,916.96 $179,373.91$185,558.77 $185,558.77 $193,998.00
2024 With 40% 2025 2026 2027 2027
Cassel 0.3 0.342600 0.3191 0.2859 0.2989
Rib Falls 0.3 $0.382281 0.3191 0.2859 0.2989
Stettin 0.35 0.329452 0.3191 0.2859 0.2989
Marathon City 0.37 0.311843 0.3191 0.2859 0.2989
Rate based on Adopted Budget0.34500916 0.329452 0.3191390 0.2859 0.2989
2022 Equalized2023 Equalized2024 Equalized 2025 Equalized Vale
Cassel $54,597,805.00$63,745,178.00$68,883,391 $80,903,369 $80,903,369
Rib Falls $52,433,556.00$54,863,923.00$58,142,280 $65,519,228 $65,519,228
Stettin $175,430,263.00$213,658,333.00$225,695,183 $247,445,663 $247,445,663
Marathon City $201,342,800.00$212,193,400.00$228,714,800 $255,179,900 $255,179,900
Total Section Equalized Value$483,804,424.00$544,460,834.00$581,435,654 $649,048,160 $649,048,160
2027 Proposed MFD Budget Options, 2025 equalized values per agreementsPast Contract - Billed Amounts
2027 MARATHON FIRE & EMS BUDGET
2/25/2026
Adopted ADOPTED ADOPTED Proposed BUDGET
REVENUES 2024 Budget 2025 BUDGET 2026 BUDGET 2027 BudgetCHANGE
100-00-47100-000-000 Fire Calls Mutural AID - Equip & Labor - $
100-00-47110-000-000 Fire Calls Village - Equip -$
100-00-47200-000-000 Fire Calls Towns - Labor -$
100-00-47210-000-000 Fire Calls Towns - Equip -$
SUBTOTAL - FIRE DEPT. Calls
100-00-43420-000-000 2% Dues
100-00-47300-000-000 2% Fire Insurance Rebate - Village 7,100.00$ 8,711.73$ 10,338.26$ 10,338.26$
100-00-47305-000-000 2% Fire Insurance Rebate - Towns 7,411.17$ 8,615.32$ 9,370.82$ 9,370.82$
SUBTOTAL - FIRE DEPT. 2% Dues14,511.17$ 17,327.05$ 19,709.08$ 19,709.08$
100-00-47400-000-000 Township Section Fees - Fire 109,217.41$ 113,202.78$ 112,566.98$ 117,725.72$ 4.58%
SUBTOTAL - FIRE DEPT. Section Fees109,217.41$ 113,202.78$ 112,566.98$ 117,725.72$
100-00-47500-000-000 Township Section Fees - First Responder12,008.71$ 8,954.48$ 16,036.78$ 16,036.78$ 0.00%
SUBTOTAL - First Responder Section Fees12,008.71$ 8,954.48$ 16,036.78$ 16,036.78$
100-00-47450-000-000 Miscellaneous Revenue
100-00-43425-000-000 Fire Dept Federal Grant -$ - $
SUBTOTAL - MFD Other Rev-Grants -$ -$
100-00-49100-000-001 Proceeds From Debt - FD -$ - $
SUBTOTAL - Proceeds From Debt - FD -$ -$
TOTAL FIRE REVENUES 135,737.29$ 139,484.31$ 148,312.84$ 153,471.58$ 3.48%
ADOPTED ADOPTED ADOPTED Proposed BUDGET
EXPENDITURES 2024 BUDGET 2025 BUDGET 2026 BUDGET 2027 BudgetCHANGE
100-00-52200-100-000 Wages & Salaries - Fire 19,766.80$
100-00-52200-100-001 Wages Fire - Section 139B -$ -$
100-00-52200-110-000 Fire Department - Wages 11,766.80 $ 15,640.00$ 15,640.00$
100-00-52200-110-001 Section 139B Fire Wages 8,000.00 $ 12,900.00$ 12,900.00$
100-00-52200-115-000 Wages Fire Inspection 10,000.00$ 10,000.00$ 8,000.00$ 8,000.00$
100-00-52200-120-000 Unemployment Charges
100-00-52200-130-000 FICA & Medicare 1,512.16$ 1,512.16$ 1,196.46$ 1,196.46$
100-00-52200-140-000 Retirement 3,100.00 $ 100.00 $ 100.00$
100-00-52200-145-000 FD Drug Testing - $ - $
100-00-52200-210-000 FD Legal Fees 1,000.00 $ 500.00$ 500.00$
100-00-52200-220-000 FD Utilities 14,500.00 $ 18,000.00$ 20,500.00$ 20,500.00$
100-00-52200-295-000 FD Dues & Subscriptions 1,100.00$ 1,100.00$ 1,330.00$ 1,330.00$
100-00-52200-330-000 FD Building & Misc Repairs 5,000.00$ 5,000.00$ 5,500.00$ 5,500.00$
100-00-52200-360-000 FD Equipment Replace & Repair 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
100-00-52200-370-000 FD Vehicle Maintenance 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$
100-00-52200-380-000 FD Tanker Maintenance 10,000.00 $ 10,000.00$ 7,856.23$
100-00-52200-381-000 FD Gas/Fuel 2,000.00 $ 2,000.00$ 2,200.00$ 2,200.00$
100-00-52200-382-000 FD Equipment Used at Fire 1,500.00 $ 1,500.00$
100-00-52200-383-000 FD Education/Seminars/Training 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$
100-00-52200-385.000 Tanker Fuel #47
100-00-52200-390-000 FD General Supplies 3,000.00$ 3,000.00$ 3,500.00$ 3,500.00$
100-00-52200-393-000 FD Employee Medical Expense 1,000.00$ 1,000.00$ - $ -$
100-00-52200-395-000 FD Fire Inspection Mileage 1,500.00$ - $
100-00-52200-395-100 FD Schooling Mileage 4,000.00$ 4,000.00$ 2,000.00$ 2,000.00$
100-00-52200-400-000 FD IT 7,500.00 $ 5,000.00$ 12,500.00$ 12,500.00$
100-00-52200-825-000 Grant Funded Equipment 500.00$ 500.00$ - $ -$
100-00-52200-820-000 FD Personal Protective Equip 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$
100-00-52200-820-100 FD Pagers & Radios 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$
100-00-52200-820-200 FD Hose
100-00-52200-900-000 FD Fire Prevention 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$
100-00-52200-999-000 FD Miscellaneous Expense 500.00$ 500.00$ 500.00$ 500.00$
SUBTOTAL - FIRE DEPT. OPS 124,478.96$ 131,878.96$ 148,366.46$ 146,222.69$ -1.44%
100-00-52200-939-000 FD Auto/Liability/Life Ins. 16,000.00$ 16,000.00$ 16,000.00$ 10,000.00$
SUBTOTAL - MFD INSURANCE AND BONDS16,000.00$ 16,000.00$ 16,000.00$ 10,000.00$ -37.50%
100-00-52200-910-000 FD Hydrant Rental 73,230.00$ 73,230.00$ 73,231.00$ 73,230.00$
SUBTOTAL - HYDRANT RENTAL73,230.00$ 73,230.00$ 73,231.00$ 73,230.00$ 0.00%
100-00-52200-950-001 FD 2024 Engine #49 Principal 34,230.00$ 31,252.23$ 30,000.00$ 46,583.00$
100-00-52200-950-002 FD 2024 Engine #49 Interest 37,770.00$ 17,569.77$ 10,901.39$ 10,901.39$
SUBTOTAL FD - DEBT SERVICE72,000.00$ 48,822.00$ 40,901.39$ 57,484.39$ 40.54%
100-00-52200-810-000 FD Capital Equipment - Trucks -$ - $
SUBTOTAL - FD CAPITAL OUTLAY -$ -$ -$ -$
100-00-52300-100-000 Wages & Salaries - FR 22,130.00$
100-00-52300-100-001 EMS Section 139B Wages
100-00-52300-110-000 EMS Wages 11,130.00 $ 16,680.00$ 16,680.00$
100-00-52300-110-001 Section 139B EMS Wages 11,000.00 $ 6,900.00$ 6,900.00$
100-00-52300-120-000 EMS Unemployment Ins -$
100-00-52300-130-000 EMS FICA & Medicare 1,692.95$ 1,692.95$ 1,803.87$ 1,803.87$
100-00-52300-383-000 EMS Education/Seminars/Training 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$
100-00-52300-390-000 EMS Supplies & Expenses 9,000.00$ 9,000.00$ 9,800.00$ 9,800.00$
100-00-52300-393-000 EMS Employee Medical Exp 750.00$ 750.00$ 150.00$ 150.00$
100-00-52300-395-000 EMS Mileage/Meals/Motels 1,300.00$ 1,300.00$ 500.00$ 500.00$
100-00-52300-820-100 EMS Pagers & Radios 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$
SUBTOTAL - FIRST REPSONDERS 42,872.95$ 42,872.95$ 43,833.87$ 43,833.87$ 0.00%
100-00-52350-210-000 EMS Ambulance Service 8,200.00$ 8,200.00$ 10,913.00$ 10,913.00$
SUBTOTAL - OTHER FIRE 8,200.00$ 8,200.00$ 10,913.00$ 10,913.00$
TOTAL EXPENDITURES 336,781.91$ 321,003.91$ 333,245.72$ 341,683.95$ 2.53%
2/25/2026
Adopted Adopted Adopted Proposed
REVENUES 2024 BUDGET 2025 BUDGET 2026 BUDGET 2027 Budget
FIRE CALLS - $ -$ -$ -$
FIRE INS DUES 7,100.00 $ 17,327.05$ 19,709.08$ 19,709.08$
FIRE SECTION FEES 109,217.41 $ 113,202.78$ 112,566.98$ 117,725.72$
OTHER INCOME F.D - $ -$ -$ -$
FIRST RESPONDER SECTION FEES 12,008.71$ 8,954.48$ 16,036.78$ 16,036.78$
proceeds from Debt - $ -$ -$ -$
TOTAL REVENUE 128,326.12$ 139,484.31$ 148,312.84$ 153,471.58$
ADOPTED ADOPTED ADOPTED ADOPTED
EXPENDITURES 2024 BUDGET 2025 BUDGET 2026 BUDGET 2027 Budget
FIRE DEPARTMENT OPERATIONS 124,478.96 $ 131,878.96$ 148,366.46$ 146,222.69$
FIRST RESPONDER OPERATIONS 42,872.95 $ 42,872.95$ 43,833.87$ 43,833.87$
INSURANCE AND BONDS 16,000.00 $ 16,000.00$ 16,000.00$ 10,000.00$ Fire Contract Budget
AMULANCE SERVICE 8,200.00 $ 8,200.00$ 10,913.00$ 10,913.00$ $193,998.00
HYDRANT RENTAL 73,230.00 $ 73,230.00$ 73,231.00$ 73,230.00$
FD - DEBT SERVICE 72,000.00 $ 48,822.00$ 40,901.39$ 57,484.39$
FD CAPITAL OUTLAY - $ -$ -$ -$
EMS CAPITAL OUTLAY
TOTAL - OPERATIONS 336,781.91$ 321,003.91$ 333,245.72$ 341,683.95$
TOTAL EXPENDITURES 336,781.91$ 321,003.91$ 333,245.72$ 341,683.95$
February 9, 2026
Steve Cherek, Administrator
Marathon City
311 Walnut Street
PO Box 487
Marathon City, WI 54448
Via Email Mail Only to scherek@marathoncitywi.gov
Subject: Wisconsin Assessment Monies Contractor Services
U.S. Environmental Protection Agency Brownfield Site Assessment Grant
Cooperative Agreement No. 4B-00E03200
Dear Mr. Cherek:
The Wisconsin Department of Natural Resources (DNR) is pleased to inform you that it has conditionally
approved your application for contractor services under the Wisconsin Assessment Monies (WAM) program for
the following property:
File Number: WCS-077
Property Name: Weisenberger Tie & Lumber
Address: 1500, 1520 and 1535 Weisenberger Road, Marathon City, WI 54448
BRRTS #(s): 02-37-000008, 02-37-216770, 02-37-579282, 07-37-591090
DNR Contractor: GEI Consultants, Inc. (GEI)
DNR WAM Grant
Manager:
Tom Coogan
(608) 219-2148
Thomas.Coogan@wisconsin.gov
DNR Technical
Project Manager:
Matthew Vitale
(715) 492-1222
Matthew.Vitale@wisconsin.gov
The services are awarded under the authority of s.104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act. The DNR determined that the site is eligible for services based on the
information you provided. This eligibility should not be interpreted to be a determination about the federal or state
liability of the potential causer, property owners or other potentially responsible parties regarding discharges of
hazardous substances or the presence of environmental contamination that may be present on the site.
The DNR selected an environmental consultant to complete professional consulting services for the property.
Services will begin once a contract is established with the consultant. Activities to be performed will be based on
site-specific needs and may include the following:
• Phase I Environmental Site Assessment (ESA) - an environmental assessment of a property to identify
likely or known areas of environmental contamination conducted in accordance with the ASTM E1527-
21 Standard Practice for Environmental Site Assessment Process and meeting the requirements for All
Appropriate Inquiries under 40 C.F.R. Part 312. A Phase I ESA includes a site visit, environmental
records review, interviews and a written report.
State of Wisconsin
DEPARTMENT OF NATURAL RESOURCES
101 S. Webster Street
Box 7921
Madison WI 53707-7921
Page 2
• Phase II ESA - an environmental assessment of a property to physically confirm the presence or absence
of environmental contamination through file reviews, field sampling, laboratory analysis of samples and
visual observations. A Phase II ESA is conducted in accordance with the ASTM E1903-19 Standard
Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process.
• Site Investigation – an evaluation of a hazardous substance discharge that includes field sampling to
define the nature, degree and extent of contamination completed in accordance with Wisconsin
Administrative Code ch. NR 716.
• Remedial Action Planning – activities and planning to prepare for remediation that may include
engineering design, feasibility evaluations, sampling, reports, etc. (e.g., Remedial Actions Options
Report).
You may be contacted by the DNR, Governor’s office or state legislators concerning the issuance of a press
release to publicize this award.
If you have any questions regarding this letter, please contact the DNR WAM Grant Manager, Tom Coogan, at
(608) 219-2148 or Thomas.Coogan@wisconsin.gov.
Sincerely,
Christine Sieger
Director
Remediation & Redevelopment Program
cc:
Tom Coogan, DNR, Remediation & Redevelopment – Thomas.Coogan@wisconsin.gov
Jodie Thistle, DNR, Remediation & Redevelopment – Jodie.Thistle@wisconsin.gov
Matthew Thompson, DNR, Remediation & Redevelopment – Matthew.Thompson@wisconsin.gov
Matt Vitale, DNR, Remediation & Redevelopment – Matthew.Vitale@wisconsin.gov
Brian Desmond, Marathon County – brian.desmond@marathoncounty.gov
Candace Pesch, Marathon County – candace.pesch@marathoncounty.gov
Michael Debraske, GEI Consultants, Inc. – mdebraske@geiconsultants.com
1
VILLAGE OF MARATHON CITY TID NO. 2
PURCHASE & DEVELOPMENT AGREEMENT
STITTLEBURG RESTORATIVE HEALTH CARE, LLC.
THIS PURCHASE & DEVELOPMENT AGREEMENT (“Agreement”) made this ___
day of February, 2026 (“Effective Date”), by and between the VILLAGE OF MARATHON CITY,
a municipal corporation of Marathon County, Wisconsin, (hereinafter referred to as "VILLAGE")
located at 311 Walnut Street, Marathon City, WI 54448, and STITTLEBURG RESTORATIVE
HEALTH CARE , LLC, a Wisconsin limited liability corporation, (hereinafter referred to as
“DEVELOPER”), with its principal place of business located at 234800 Deer Creek Lane, Edgar,
WI 54426. VILLAGE and DEVELOPER may each be referred to as a “Party” or collectively the
“Parties” to this Agreement.
WITNESSETH
WHEREAS, the VILLAGE is interested in encouraging new development, eliminating
blight, retaining and expanding existing business in the VILLAGE; and
WHEREAS, the VILLAGE, pursuant to Wis. Stat. § 66.1105, created Tax Incremental
District No. 2 on the 20 th day of June, 2016, through the adoption of a Resolution and approved
the Project Plan for TID No. 2, (hereinafter the “Project Plan”), which Project Plan, as so approved,
and as may be amended from time to time, is incorporated herein and on file at the VILLAGE; and
WHEREAS, the VILLAGE, within the boundaries of TID No. 2, determined that a portion
of such area was blighted as defined in Wis. Stat. § 66.1333(2m)(b) (“Redevelopment Area”) and
that to carry out blight elimination and urban renewal programs and projects together with all those
necessary or incidental projects and programs to effect adequate comprehensive blight elimination
and urban renewal, the VILLAGE created Redevelopment District No. 2; and
WHEREAS, the VILLAGE, pursuant to Wis. Stat. § 66.1333, on the 2nd day of June, 2016
and the 20th day of June, 2016, adopted a Redevelopment Plan, and as may be amended from time
to time, is incorporated herein, and on file at the VILLAGE; and
WHEREAS, the VILLAGE is the fee owner of that property depicted on Exhibit B as Lot
1 (“Development Site”) and which is located in the Redevelopment Area; and
WHEREAS, the VILLAGE is also the fee owner of th ose properties depicted on Exhibit
B as Lot 2 (“Option Lot 2”) and Lot 3 (“Lot 3” or “Parking Lot”); and
WHEREAS, the DEVELOPER wishes to construct a non -tax-exempt health and
integrative medical clinic as well as a farm-to-table commercial retail grocery store together with
attendant parking, other paved areas, and other improvements on the Development Site
(“Developer Facility”); and
WHEREAS, the DEVELOPER shall construct the Developer Facility no later than
December 31, 2026, located on the Development Site as described hereinbelow; and
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WHEREAS, the DEVELOPER also wishes the option to construct on Option Lot 2 , a
short-term housing facility (“Developer Facility 2”) as detailed hereinbelow, no later than
December 31, 2029; and
WHEREAS, the DEVELOPER also wishes to construct a parking lot and attendant paved
areas on Lot 3 for the benefit of the Development Site and Lot 2; and
WHEREAS, the VILLAGE, using tax incremental financing, can assist the DEVELOPER
by providing funds for business assistance under certain specific terms and conditions set forth
herein; and
WHEREAS, the VILLAGE believes that development of the Developer Facility and
Parking Lot is in the best interests of the VILLAGE and its residents , is in accordance with the
public purposes and conditions of applicable state and local laws , will promote and carry out the
development objectives of the VILLAGE, furthers the purposes of the Project Plan and the
Redevelopment Plan, and would not occur at the Development Site without the assistance of the
VILLAGE; and
WHEREAS, this Agreement is intended to provide for certain duties and responsibilities
of the VILLAGE and the DEVELOPER in order to cause the development of said improvements
on the Development Site and the Parking Lot;
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises
contained in this Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
I. DEFINITIONS
1. As used in this Agreement or in the Exhibits attached hereto, the following terms,
when having an initial capital letter or all capital letters in the text of said documents , shall have
the following meaning:
DEVELOPMENT INCENTIVE: Shall have the meaning as applied in the Project Plan as
more fully set forth herein.
DUE DILIGENCE PERIOD: Means the time period commencing on the Effective Date
and terminating on Closing, unless waived earlier by DEVELOPER.
DEVELOPER FACILITY: Shall mean the non-tax-exempt health and integrative medical
clinic, along with a farm-to-table commercial retail grocery store, together with attendant parking,
other paved areas , and other improvements to be constructed by the D EVELOPER on the
Development Site.
DEVELOPER FACILITY 2 : Shall mean the short-term housing facility together with
attendant parking, other paved areas, and other improvements to be constructed by the
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DEVELOPER on Option Lot 2.
DEVELOPMENT SITE: Shall mean that real property described and depicted as Lot 1 on
Exhibit B.
EXHIBIT A: TID No. 2 Project Plan and as may be amended from time to time and which
is on file at the VILLAGE.
EXHIBIT B: The Certified Survey Map depicting the Development Site (Lot 1), Lot 2
(Option Lot 2), and the Parking Lot (Lot 3).
EXHIBIT C: Preliminary renderings of the Development Facility together with attendant
parking, other paved areas, fencing, and other improvements on the Development Site.
EXHIBIT D: Consent of Mortgagee.
EXHIBIT E: Agreement for Receipt and Disbursement of Community Development
Investment Grant Funds.
EXHIBIT F: Memorandum Of Understanding Regarding The Village Of Marathon City’s
Development Agreement.
EXHIBIT G: Parking Lot Easement Agreement.
EXHIBIT H: Irrevocable Letter of Credit.
IMPROVEMENTS: The plan for site and building improvements to the Development Site
depicted on Exhibit C, subject to final site plan, architectural review, and building permit approvals
by the VILLAGE.
OPTION LOT 2: Shall mean that real property described and depicted as Lot 2 on Exhibit
B.
PARKING LOT: Shall mean that real property depicted on Exhibit B as Lot 3. Said real
property may also at times herein be referred to as Lot 3.
PROJECT COSTS: Shall have the meaning given in Wis. Stat. §66.1105(2)(f).
TAX INCREMENT: Shall have the meaning given in Wis. Stat. § 66.1105(2)(i).
II. COMMITMENT OF PARTIES
A. VILLAGE OBLIGATIONS
In consideration of DEVELOPER’s obligations as set forth herein and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged:
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1. On the Closing Date (as defined below) , the VILLAGE shall convey by Warranty
Deed, free and clear of all liens and encumbrances , except for liens and encumbrances of record
(“Permitted Encumbrances”), the Development Site and Parking Lot as depicted on Exhibit B and
the existing improvements to the DEVELOPER, for the sum of One and No/100 Dollar ($1.00)
(the “Acquisition Cost”).
2. Within five (5) days prior to Closing, the VILLAGE shall provide to DEVELOPER
a commitment for an owner's policy of title insurance in the amount of Two Hundred Twenty-Five
Thousand and no/100 Dollars ($225,000.00) on a current ALTA form issued by an insurer licensed
to write title insurance in Wisconsin and selected by VILLAGE (the "Title Commitment"),
evidencing the Development Site and Parking Lot to be free and clear of all liens and
encumbrances of record except for Permitted Encumbrances . The VILLAGE shall pay for the
costs of providing title evidence , the base title policy (with any optional title endorsements, if
desired, at the DEVELOPER’S sole expense) and related recording fees . Any and all financing
costs of the DEVELOPER, as well as all costs related to the same (title fees and recording fees),
will be at the DEVELOPER’S sole expense.
3. Prior to construction of the Developer Facility, the VILLAGE shall vacate that alley
right-of-way and utility easements for those alleys running north and south between Main Street
and Market Street.
4. Prior to the Closing, the VILLAGE shall, by Certified Survey Map (“CSM”), create
the Development Site, the Parking Lot, and Option Lot 2 as depicted on Exhibit B and record said
CSM in the Marathon County Register of Deeds office . Once recorded, said CSM shall become
Exhibit B.
5. The VILLAGE shall reasonably cooperate with the DEVELOPER in the
application and submittal process of the Wisconsin Economic Development Corporation
(“WEDC”) for a Community Development Investment Grant (“CDI Grant”) for either the
Developer Facility or Developer Facility 2 . The VILLAGE agrees to the terms and conditions
identified in Exhibit E of this Agreement if the application is awarded the CDI Grants.
6. The VILLAGE shall, at Closing, execute that Memorandum Of Understanding
Regarding The Village Of Marathon City’s Development Agreement attached hereto as Exhibit F.
7. Direct Business Assistance Grant. Upon completion of the Developer Facility as
more fully set forth in Section II-B-1-2, the VILLAGE agrees to pay DEVELOPER a grant (the
“Direct Business Assistance Grant”) of Twenty-Five Thousand and No/100 Dollars ($25,000.00).
The Direct Business Assistance Grant shall be used by DEVELOPER solely for the purpose of
Project Costs in connection with the site preparation for construction of the Development Facility.
Project Costs funded through the Direct Business Assistance Grant shall be reimbursed to
DEVELOPER within thirty (30) days upon receipt by the VILLAGE of DEVELOPER’S paid
invoice of costs, supported by all reasonable documentation as to said expenditure(s) and deemed
adequate by the VILLAGE for compliance with State law until said Grant is fully expended. Said
Direct Business Assistance Grant monies must be fully expe nded by December 30, 2026. If not,
5
DEVELOPER waives the right to any monies remaining after said date. This D irect Business
Assistance Grant s hall be a special and limited obligation of the VILLAGE and not a general
obligation of the VILLAGE.
8. Developer Incentive Payment. If the DEVELOPER exercises the option on the
Option Lot 2 and completes construction of the Developer Facility 2 by December 30, 2030, the
VILLAGE agrees to pay to DEVELOPER the sum of Twenty-Five Thousand and No/100 Dollars
($25,000.00) (the “Developer Incentive Payment”). The Developer Incentive Payment shall be
used by DEVELOPER solely for the purpose of Project Costs in connection with the site
preparation for construction of the Development Facility 2. Project Costs funded herein shall be
reimbursed to DEVELOPER within thirty (30) days upon receipt by the VILLAGE of
DEVELOPER’S paid invoice of costs, supported by all reasonable documentation as to said
expenditure(s) and deemed adequate by the VILLAGE for compliance with State law until said
Developer Incentive Payment is fully expended. Said Direct Incentive Payment monies must be
fully expended by December 30, 20 30. If not, DEVELOPER waives the right to any monies
remaining after said date. This Developer Incentive Payment shall be a special and limited
obligation of the VILLAGE and not a general obligation of the VILLAGE.
B. DEVELOPER OBLIGATIONS
In consideration of the obligations of the VILLAGE as set forth herein, the sufficiency and
receipt of which is hereby acknowledged, the DEVELOPER shall, at DEVELOPER’S sole
expense:
1. Construct a new, non -tax-exempt Developer Facility as depicted in Exhibit C on
the Development Site, with a construction cost paid by DEVELOPER which shall be not less than
Two Million Six Hundred Thousand and No/100 Dollars ($2,600,000.00) . Construction of the
Developer Facility on the Development Site shall be completed by the DEVELOPER on or before
June 30, 2027 (the “Valuation Date”). Construction costs paid by DEVELOPER includes but is
not limited to the building, other improvements which generate Tax Increment, clearing,
excavating, paving, and landscaping, all on the Development Site. Construction costs
documentation shall be provided to the VILLAGE w ithin thirty (30) days of request by the
VILLAGE of DEVELOPER’s paid invoice of said costs and such other documents deemed
necessary as solely determined by the VILLAGE.
2. On or before December 31, 20 26, DEVELOPER shall provide evidence
satisfactory to the V ILLAGE establishing the valuation of the land and improvements on the
Development Site of not less than One Million Eight Hundred Twenty Thousand and No/100
Dollars ($1,820,000.00).
3. Pay to the VILLAGE the sum of One and No/100 Dollars ($1.00) at the Closing
for the Development Site.
4. Commencing on January 1, 2027 and annually thereafter for the Term of the
Agreement, DEVELOPER warrants and agrees that: (i) the Tax Increment Revenue created by the
Developer Facility and land on the Development Site shall be at least Thirty Two Thousand Six
6
Hundred Sixteen and No/100 Dollars ($ 32,616.00) per year (“Guaranteed Tax Increment
Revenue”); or (ii) if Tax Increment Revenue is less than the Guaranteed Tax Increment Revenue
amount of Thirty Two Thousand Six Hundred Sixteen and No/100 Dollars ($32,616.00) as of the
Valuation Date or any succeeding year during the Term, DEVELOPER shall pay to the VILLAGE
an amount of money equal to the remainder obtained when the actual Tax Increment Revenue is
subtracted from Guaranteed Tax Increment Revenue. Such supp lemental payment (“Private
Guarantee Payment”) shall be paid within thirty (30) days of notice by the VILLAGE of such
amount due to the VILLAGE by DEVELOPER. “Tax Increment Revenue” means the equalized
value of the taxable property (less personal property ) on the Development Site in any year minus
the tax incremental base as defined in Wis. Stat. § 66.1105(2)(j), and which remainder is multiplied
by the applicable mill rate for such year to determine the Tax Increment Revenue. The first
installment of the Guaranteed Tax Increment Revenue, including any Private Guarantee Payment,
if necessary, shall be paid no later than January 31, 2028.
5. Option To Purchase Option Lot 2.
a. Upon execution of this Agreement, the VILLAGE hereby grants and
conveys to DEVELOPER the option to purchase (“Option”) for a period extending to December
31, 2028 that real property depicted and described on Exhibit B as Lot 2.
b. If DEVELOPER desires to proceed to exercise said Option, it shall deliver
written notice of intent to exercise said Option on or before December 31, 2028 to the VILLAGE.
Thereafter, DEVELOPER shall have the right to purchase the Option Lot 2 upon the terms and
conditions herein.
c. It is agreed that time is of the essence of this Option. Should DEVELOPER
fail to exercise this Option within the time herein all rights and privileges granted hereunder shall
be deemed surrendered and this Option terminated. Notwithstanding any other provisions, t he
Option shall lapse and be of no further force or effect on December 31, 2028.
d. If the DEVELOPER exercises the Option, the following shall be deemed
as included terms of the accepted Offer to Purchase (or the equivalent such as a development
agreement):
e. The VILLAGE will procure at its expense a commitment for an Owner's
policy of title insurance in the amount of the purchase price written by a responsible title insurance
company qualified to do business in the State of Wisconsin within thirty (30) days after the notice
of exercise of the Option showing merchantable title in the VILLAGE.
f. The conveyance to DEVELOPER shall be by warranty deed, free and clear
of all liens and encumbrances, except municipal and zoning ordinances, and agreements entered
under them, recorded easements for distribution of utility and municipal services, recorded
building and use restriction s and covenants and general taxes levied in the year of closing any
7
payment by DEVELOPER to the VILLAGE the purchase price of the Option Lot in the sum of
One and No/100 Dollar ($1.00).
i. Physical occupancy and legal possession of Option Lot 2 shall be given to
DEVELOPER on the date of closing; and
j. The closing shall occur no later than sixty (60) days after exercise of the
Option by the DEVELOPER or ten (10) days after the receipt of the required title insurance by the
DEVELOPER, whichever date is later.
k. If DEVELOPER does not exercise the Option it shall execute and deliver
such documents as reasonably required by the VILLAGE acknowledging its waiver of the same.
l. The Option shall lapse and be of no further force or effect as set forth in
paragraph 5.c. hereinabove.
m. If DEVELOPER purchases Option Lot 2 as set forth in this paragraph 5 it
further agrees to construct a new, non -tax-exempt Developer Facility 2 on Option Lot 2, with a
construction cost paid by DEVELOPER of not less than Eight Hundred Thousand and No/100
Dollars ($800,000.00) . Construction of the Developer Facility 2 on Option Lot 2 shall be
completed by the DEVELOPER on or before December 31, 20 29 (the “Valuation Date”).
Construction costs paid by DEVELOPER includes but is not limited to the building, other
improvements which generate Tax Increment, clearing, excavating, paving, and landscaping, all
on Option Lot 2. Construction costs documentation shall be provided to the VILLAGE w ithin
thirty (30) days of request by the VILLAGE of DEVELOPER’s paid invoice of said costs and such
other documents deemed necessary as solely determined by the VILLAGE.
n. On or before December 31, 20 29, DEVELOPER shall provide evidence
satisfactory to the VILLAGE establishing the valuation of the land and improvements on Option
Lot 2 of not less than Five Hundred Sixty Thousand and No/100 Dollars ($560,000.00).
o. GUARANTEED TAX INCREMENT REVENUE : Commencing on
January 1, 2030 and annually thereafter for the Term of th is Agreement, DEVELOPER warrants
and agrees that: (i) the Tax Increment Revenue created by the Development Facility 2 and land on
Option Lot 2 shall be at least Ten Thousand Thirty-Five and No/100 Dollars ($10,035.00) per year
(“Option Lot 2 Guaranteed Tax Increment Revenue”); or (ii) if Tax Increment Revenue (as defined
below) is less than Option Lot 2 Guaranteed Tax Increment Revenue amount of Ten Thousand
Thirty-Five and No/100 Dollars ($10,035.00) as of Valuation Date or any succeeding year during
the Term, DEVELOPER shall pay to the VILLAGE an amount of money equal to the remainder
obtained when the actual Tax Increment Revenue is subtracted from Option Lot 2 Guaranteed Tax
Increment Revenue. Such supplemental payment (“Private Guarantee Payment”) shall be paid
within thirty (30) days of notice by the VILLAGE of such amount due to the VILLAGE by
DEVELOPER. “Tax Increment Revenue” means the equalized value of the taxable property (less
personal property) on Option Lot 2 in any year minus the tax incremental base as defined in Wis.
Stat. § 66.1105(2)(j), and which remainder is multiplied by the applicable mill rate for such year
to determine the Tax Increment Revenue. The first installment of Option Lot 2 Guaranteed Tax
8
Increment Revenue, including any Private Guarantee Payment, if necessary, shall be paid no later
than January 31, 2031.
6. The D EVELOPER shall obtain all necessary zoning, building, or engineering
permits and approvals from the V ILLAGE, and applicable state or federal agencies. The
Developer Facility or Developer Facility 2 and use of the Development Site and Option Lot 2 shall
at all times conform to the V ILLAGE Zoning Code, Building Code, and all other V ILLAGE
ordinances, together with applicable state and federal laws and regulations.
7. AS-IS PURCHASE; RELEASE OF THE VILLAGE. THE DEVELOPER
ACKNOWLEDGES AND AGREES THAT THE DEVELOPER WILL HAVE SUFFICIENT
OPPORTUNITY TO INSPECT THE DEVELOPMENT SITE, LOT 3, AND OPTION LOT 2
PRIOR TO CLOSING AND THAT THE VILLAGE IS CONVEYING AND THE DEVELOPER
IS ACCEPTING THE SAME ON AN "AS-IS WITH ALL FAULTS" BASIS AND THAT THE
DEVELOPER IS RELYING SOLELY ON ITS INDEPENDENT INVESTIGATION AND NOT
ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, FROM THE VILLAGE OR ITS AGENTS AS TO ANY MATTERS
CONCERNING THE DEVELOPMENT SITE, LOT 3, OR OPTION LOT 2 . AS A PART OF
ITS AGREEMENT TO ACCEPT THE SAME IN "AS IS" CONDITION, THE DEVELOPER,
FOR ITSELF AND ITS SUCCESSORS, ASSIGNS, AGENTS, EMPLOYEES,
CONTRACTORS AND INVITEES, HEREBY WAIVES, DISCHARGES AND RELEASES
THE VILLAGE FROM ANY AND ALL DEMANDS, CLAIMS, LEGAL OR
ADMINISTRATIVE PROCEEDINGS, LOSSES, LIAB ILITIES, DAMAGES, PENALTIES,
FINES, LIENS, JUDGMENTS, COSTS OR EXPENSES WHATSOEVER, WHETHER DIRECT
OR INDIRECT, KNOWN OR UNKNOWN, FORE SEEN OR UNFORESEEN, THAT MAY
ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH OR RELATED TO
THE PHYSICAL, GEOLOGICAL OR ENVIRONMENTAL CONDITION OF THE
DEVELOPMENT SITE, LOT 3, OR OPTION LOT 2, INCLUDING, WITHOUT LIMITATION,
ANY PAST OR PRESENT CONDITION OF OR ACTION ON OR ABOUT THE
DEVELOPMENT SITE, LOT 3, OR OPTION LOT 2 (INCLUDING, WITHOUT LIMITATION,
THE PRESENCE OF HAZARDOUS OR TOXIC MATERIAL AT, UNDER OR IN THE
GENERAL VICINITY OF THE DEVELOPMENT SITE, LOT 3, OR OPTION LOT 2) OR THE
CURRENT OR PREV IOUS VIOLATION OF ENVIRONMENTAL LAWS AT THE
DEVELOPMENT SITE, LOT 3, OR OPTION LOT 2, IF ANY.
8. To the extent necessary, DEVELOPER shall grant to the VILLAGE, at no cost to
the VILLAGE, all easements necessary for construction and maintenance of public improvements,
infrastructure, and utilities, provided such easements and installation therein do not unreasonably
interfere with construction or operation of Developer Facilit y or Developer Facility 2. The
VILLAGE shall be solely responsible for any and all costs associated with the easements and shall
indemnify and hold the DEVELOPER harmless for any and all costs the DEVELOPER may incur
as a result of any easement granted on the Development Site, Lot 3 or Option Lot 2.
a. The DEVELOPER and VILLAGE s hall, at Closing, execute that Parking
Lot Easement attached hereto as Exhibit G and cause the same to thereafter be filed with the
9
Marathon County Register of Deeds. Construction of the parking lot on Lot 3 shall be completed
by the DEVELOPER on or before December 31, 2029.
9. Prior to construction of Developer Facility or Developer Facility 2, the
DEVELOPER shall submit to the VILLAGE for approval a site plan showing, by way of
illustration without limitation, the proposed building(s), parking and landscaping as required for
issuance of a building permit all as required by the VILLAGE ordinances, which the VILLAGE
approvals shall not be unreasonably withheld. The DEVELOPER will not, without the
VILLAGE’s prior written approval, materially change the scope or use or materially alter the plans
or uses of the Developer Facility or Developer Facility 2.
10. The DEVELOPER shall adhere to the architectural standards set forth by the
VILLAGE for all buildings constructed and which shall include the following:
a. Building Specifications: Prior to the commencement of construction, t he
DEVELOPER shall provide detailed building specifications, including but not limited to materials,
design, and dimensions, for approval by the V ILLAGE. The building(s) shall be constructed of
block/brick on all exterior walls of which at least one half (1/2) of which shall match in the color
of the “Downtown Village of Marathon City D istrict”. Subject to approval by the VILLAGE,
decorative steel may be used for the upper/top one half (1/2) of the building. All structures must
be approved by the VILLAGE and match materials used in the downtown VILLAGE.
b. Landscaping/Design Approval: The D EVELOPER shall submit a
“Landscaping Plan” for approval by the V ILLAGE prior to implementation of the same . The
Landscaping Plan s hall, at a minimum , include details such as plant selection, layout, irrigation,
and maintenance to all areas of the Development Site , Lot 3, and Option Lot 2 . Dec orative
landscaping such as landscaping brick/retaining wall(s) shall be used in the community garden areas
and where gradients make it a necessity. The design shall be visually appealing and harmonious
with the surrounding landscape and architectural elements.
c. The Landscape Plan shall be completed/constructed within one year of
final completion of the building on the Development Site and/or Option Lot 2.
11. Indemnification/Hold Harmless . The D EVELOPER shall hereby defend,
indemnify and hold the V ILLAGE, its elected and appointed officials, officers, employees,
authorized representatives or volunteers and each of them harmless from and against all losses,
suits, actions, damages, demands, interest, attorney fees, claims, liabilities, expenses and costs of
whatsoever kind or nature whether arising before, during or after completion of the Developer
Facility and/or Developer Facility 2 in any manner directly or indirectly caused, occasioned or
contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole
or in part, by reason of any act, omission, fault or negligence whether active or passive, of the
DEVELOPER or of anyone acting under its direction or control or on its behalf in connection with
or incident to the performance of this Agreement or in any way related to the Developer Facility
and/or Developer Facility 2 or Development Site, Lot 3, and/or Option Lot 2.
10
12. Additional Representations, Warranties and Covenants of DEVELOPER.
DEVELOPER represents and warrants to the VILLAGE and agrees and covenants with the
VILLAGE as of the Effective Date as follows:
a. All copies of documents, contracts , and agreements which DEVELOPER
has furnished to the VILLAGE are true and correct in all material respects.
b. DEVELOPER has paid, and will pay when due, all federal, state, and local
taxes, and will promptly prepare and file returns for accrued taxes prior to any taxes becoming
delinquent.
c. DEVELOPER will pay for all work performed and materials furnished for
the Developer Facility and Developer Facility 2.
d. No statement of fact by DEVELOPER contained in this Agreement and no
statement of fact furnished or to be furnished by DEVELOPER to the VILLAGE pursuant to this
Agreement contains or will contain any untrue statement of a material fact or omits or will omit to
state a material fact necessary in order to make the statements herein or therein contained not
misleading at the time when made.
e. DEVELOPER is a limited liability company duly formed and validly
existing and has the power and all necessary licenses, permits, and franchises to own its assets and
properties and to carry on its business. DEVELOPER is duly licensed or qualified to do business
and in good standing in the State of Wisconsin and all other jurisdictions in which failure to do so
would have a material adverse effect on its business or financial condition.
f. The execution, delivery and performance of this Agreement have been duly
authorized by all necessary actions of DEVELOPER and constitute the valid and binding
obligations of DEVELOPER , enforceable in accordance with their terms, subject only to
applicable bankruptcy, insolvency, reorganization, moratorium, general principles of equity, and
other similar laws of general application affecting the enforceability of creditors' rights generally.
g. The execution, delivery, and performance of DEVELOPER'S obligations
pursuant to this Agreement will not violate or conflict with DEVELOPER'S organizational
documents or any indenture, instrument or agreement by which Developer is bound, nor will the
execution, delivery, or performance of DEVELOPER'S obligations pursuant to this Agreement
violate or conflict with any law applicable to DEVELOPER or the PROJECT.
h. There is no litigation or proceeding pending or threatened against or
affecting DEVELOPER or the Development Site, Lot 3, Option Lot 2, the Developer Facility,
and/or Developer Facility 2 that would adversely affect the DEVELOPER or the enforceability of
this Agreement, the ability of DEVELOPER to complete the Developer Facility and Developer
Facility 2 or the ability of DEVELOPER to perform its obligations under this Agreement.
i. No default, or event which with the giving of notice or lapse of time or both
would be a default, exists under this Agreement, and DEVELOPER is not in default (beyond any
11
applicable period of grace) of any of its obligations under any other agreement or instrument
entered into in connection with the Development Site, Lot 3, and/or Option Lot 2, or Developer
Facility and/or Developer Facility 2.
j. DEVELOPER agrees to pay timely all generally applicable property taxes
assessed and levied in connection with the Development Site , Lot 3, and/or Option Lot 2 under
applicable property tax laws, rules, rates, regulations , and ordinances in effect from time to time.
Nothing in this Agreement shall impair any statutory rights of the VILLAGE and other taxing
authorities with respect to the assessment, levy, priority, collection and/or enforcement o f real
estate and personal property taxes.
k. The representations and warranties contained herein shall be true and
correct at all times as required by this Agreement. DEVELOPER shall comply with all covenants
contained herein at all times during the Term of this Agreement.
13. During the period between the Effective Date and the Closing Date, the VILLAGE
hereby grants to the DEVELOPER a license to enter upon the Development Site, Lot 3, and Option
Lot 2 at any time and to make such inspections and examinations of the Development Site, Lot 2,
and Option Lot 2 as the DEVELOPER deems necessary to investigate the same (individually, an
“Investigation” and collectively, the “Investigations”), all at the DEVELOPER’S sole cost and
expense. The VILLAGE shall permit access to the Development Site, Lot 3, and Option Lot 2 by
the DEVELOPER and/or the DEVELOPER’S authorized employees, agents and representatives,
including, without limitation, the DEVELOPER’S surveyor s, experts, architects, consultants and
contractors (“Developer’s Representatives”), for the purpose of conducting the Investigations,
subject to the terms and conditions of this Agreement. The VILLAGE shall reasonably cooperate
with the DEVELOPER and the Developer’s Representatives in connection with all such
Investigations, provided that the VILLAGE shall not be obligated to incur any costs in connection
therewith. DEVELOPER shall repair, at its sole cost, any damage to the Development Site, Lot 3,
or Option Lot 2 resulting from the inspections and, to the extent DEVELOPER or its contractors
alter, modify, disturb or change the condition of the same as part of the Inspections or otherwise,
DEVELOPER shall restore, at its sole cost, the same to the condition in which the same was found
before such alteration, modification, disturbance or change.
This Investigation includes contracting for, obtaining, and approving, at DEVELOPER’S
own expense an environmental site assessment ("ESA") which is a Phase I ESA and Phase II ESA
(if such Phase I ESA indicates that a Phase II ESA is necessary to determine whether a hazardous
condition, material or substance exists on, in or relating to the Development Site, Lot 3, and Option
Lot 2) that show that there is no evidence on the same of any present or past generation, storage,
transportation, disposal, or treatm ent of hazardous or toxic wastes in excess of limits permitted
under applicable environmental laws.
14. The DEVELOPER shall work with the VILLAGE in the application and submittal
process of the Wisconsin Economic Development Corporation (“WEDC”) for a Community
Development Investment Grant (“CDI Grant”). The DEVELOPER agrees to the terms and
conditions identified in Exhibit E of this Agreement the application is awarded the CDI Grant.
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III. GENERAL REQUIREMENTS
A. CLOSING
The conveyance of the Development Site and Lot 3 to the DEVELOPER shall occur at the
offices of the VILLAGE, or at another location agreed upon by the parties, on or before March 31,
2026 (“Closing”). The date on which the closing occurs is the “Closing Date.”
B. EFFECTIVE DATE
This Agreement shall be effective on the date it is last executed by the authorized
representatives of the parties hereto, as evidenced below.
C. SECURITY
1. Letter of Credit. The Parties acknowledge and agree that the Tax Increment
received by the VILLAGE from TID No. 2 is intended to be sufficient to pay the VILLAGE those
sums which the VILLAGE has incurred in the development of TID No. 2, including but not limited
to construction of streets, storm sewer, site preparation sanitary sewer and water, and related costs
authorized under Wis. Stat. § 66.1105. In addition, should DEVELOPER default under this
Agreement and the costs to repair, rectify, and place the Development Site or Lot 3 back to a
marketable condition by the VILLAGE in the event of repurchase is significant. Therefore, the
parties agree that the amount attributable to the above conditions is Seventy-Five Thousand and
No/100 Dollars ($75,000.00). If DEVELOPER does not complete compliance with the conditions
set forth in Sections II -B-1 and 2 then the VILLAGE shall be entitled to the benefit of the
provisions of Section III-C-3 below.
2. Notwithstanding any other provisions herein, if DEVELOPER does not complete
compliance with the conditions set forth in Sections II -B-1 and 2, then the VILLAGE, at its sole
option, may draw upon the letter of credit in a sum not exceeding Seventy-Five Thousand and
No/100 Dollars ($75,000.00)).
3. DEVELOPER at the time of closing shall provide the VILLAGE an Irrevocable
Letter of Credit shall be substantially similar to the form attached hereto as Exhibit H and approved
by the VILLAGE and shall be from a FDIC insured financial institution. The Letter of Credit shall
be payable at sight to the VILLAGE, authorize partial draws, and shall include a provision
requiring that the VILLAGE be given written notice no t less than forty -five (45) days no r more
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than sixty (60) days prior to expiration of the Letter of Credit. The Letter of Credit shall be payable
to the VILLAGE at any time upon presentation of the following:
a. A sight draft drawn on the issuing bank in the amount to which the
VILLAGE is entitled under Section III-C-3 of this Agreement;
b. An affidavit executed by the Village President certifying the VILLAGE’s
request under sub. a; and
c. The Letter of Credit shall bear an expiration date not earlier than January 1,
2028.
D. INSURANCE
Prior to commencing any construction on the Development Site or Parking Lot, the
DEVELOPER shall procure and maintain builder’s risk insurance for in-process construction and
stored materials on the Development Site or Lot 3 in an amount not less than their full replacement
value, insuring against damage or loss from theft, fire, casualty , or other cause. On substantial
completion of the Developer Facility or Developer Facility 2, the DEVELOPER shall obtain and
maintain property insurance against loss by fire or other casualty in an amount equal to the
replacement value of the Developer Facility or Developer Facility 2 . Upon request by the
VILLAGE during the Term, the DEVELOPER shall provide certificates evidencing such
coverages. In the event the Developer Facility or Developer Facility 2 is damaged or destroyed
during the term, the proceeds from the insurance shall be paid to the DEVELOPER and applied
toward the reconstruction of the Developer Facility or Developer Facility 2 of such improvements
damaged or destroyed. Reconstruction of the improvements will be commenced within six (6 )
months of the destruction or damage, and substantially completed within one (1) year from the
same and with said construction to be a new, non -tax exempt, Developer Facility or Developer
Facility 2 on the Development Site or Lot 2 with the same design as previously constructed and
with a total assessed value as agreed to hereinabove at Sections II-B-2 or II-B-5-n.
E. BUYBACK/SALE PROVISIONS
Following the Closing, the DEVELOPER shall promptly begin, diligently pursue, and
ultimately complete the Developer Facility on the Development Site and as applicable Developer
Facility 2 on Option Lot 2, pursuant to plans approved by the VILLAGE prior to construction, and
in accordance with the VILLAGE ordinances.
1. If construction of the Developer Facility or Developer Facility 2 has not
commenced as agreed to hereinabove, t he VILLAGE shall have the option of repurchasing the
Development Site and/or Option Lot 2 from the DEVELOPER. To exercise its repurchase option,
the VILLAGE shall provide written notice of exercise of the option to the DEVELOPER, which
notice shall include the date of repurchase closing. At the repurchase closing, the DEVELOPER
shall tender a Warranty Deed free and clear of all liens and encumbra nces except the Permitted
Encumbrances in exchange for the sum of: (i) One and No/100 Dollars ($1.00); plus (ii) the fair
market value of any improvements made by or for the DEVELOPER to the Development Site or
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Option Lot 2. The title insurance, any unpaid real estate taxes, and the proration of the then current
year’s real estate taxes shall be paid by the DEVELOPER at the time of the repurchase closing.
2. If, after commencing construction work on the Development Site or Option Lot 2,
construction ceases for a period of two hundred seventy four (274) consecutive days at any time
before completion of the Developer Facility or Developer Facility 2, the VILLAGE shall have the
option of repurchasing the Development Site or Option Lot 2 from the DEVELOPER. To exercise
this repurchase option, the VILLAGE shall provide the DEVELOPER written notice of this
repurchase option, which notice shall include the date of re purchase closing. At the repurchase
closing, the DEVELOPER shall tender a Warranty Deed free and clear of all liens and
encumbrances in exchange for the sum of : (i) One and No/100 Dollar ($1.00); plus (ii) the fair
market value of any improvements located on the Development Site or Option Lot 2 (fair market
value of the improvements shall be determined by mutual agreement or as determined by
appraisal). The title insurance, any unpaid real estate taxes, and the proration of the then current
year’s real estate taxes shall be paid by the DEVELOPER at the time of the repurchase closing.
3. In the event of repurchase as provided herein, the DEVELOPER shall also be liable
to the VILLAGE for all reasonable costs and expenses incurred by the VILLAGE in acquiring the
Development Site or Option Lot 2. The DEVELOPER shall be deemed to consent to enforcement
of the options described herein on the above terms by specific performance.
4. In addition to any other limitation on assignment or sale of the Development Site
or Option Lot 2 or any portion thereof and prior to termination of this Agreement, if, at any time
during the Term, the DEVELOPER may not to sell, transfer, or convey the Development Site, Lot
3 or Option Lot 2 to any person or entity which in any manner would render the same exempt from
property taxation . Except for the rights of the Developer’s lender, the SBA, in foreclosure
proceedings, the DEVELOPER shall first obtain the express written consent of the VILLAGE of
any sale, transfer, or conveyance of the Development Site, Lot 3 or Option Lot 2 . The
DEVELOPER’s obligation to make such Guaranteed Tax Increment payments or Personal
Guarantee Payments shall only be released and discharged upon the VILLAGE’s approval of the
buyer, transferee or grantee of the Development Site or Option Lot 2.
5. The DEVELOPER agrees and covenants that Developer Facility or Developer
Facility 2 and the Development Site or Option Lot 2 or Parking Lot shall not be used in any manner
or for any purposes that may result in any part thereof being classified, declared, or qualified as
exempt from the payment of property taxes as regulated by the Wisconsin state statutes.
F. DEFAULT
A default is defined herein as either party’s breach of, or failure to comply with, the terms
of this Agreement. The occurrence of any one or more of the following events shall also constitute
a default hereunder:
1. Any representation or warranty made by the DEVELOPER in this Agreement, or
any document delivered by the DEVELOPER pursuant to this Agreement, shall prove to have been
false in any material respect as of the time when made or given; or
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2. Construction of any portion or phase of Developer Facility or Developer Facility 2
or shall be abandoned for more than one hundred eighty (180) consecutive days (subject to the
force majeure provisions below) or if any portion of the Developer Facility or Developer Facility
2 shall be damaged by fire or other casualty and not repaired, rebuilt or replaced within a
reasonable time thereafter and as agreed to hereinabove; or
3. The DEVELOPER shall: (i) become insolvent or generally not pay, or be unable to
pay, or admit in writing its inability to pay, its debts as they mature; or (ii) make a general
assignment for the benefit of creditors or to an agent authorized to liquidate any substantial amount
of its assets; or (iii) become the subject of an "order for relief' within the meaning of the United
States Bankruptcy Code, or file a petition in bankruptcy, for reorganization or to effect a plan or
other arrangement with creditors; or (iv) have a petition or application filed against it in bankruptcy
or any similar proceeding, or have such a proceeding commenced against it, and such petition,
application or proceeding shall remain undismissed for a period of ninety (90) days or the
DEVELOPER shall file an answer to such a petition or application, admitting the material
allegations thereof; or (v) apply to a court for the appointment of a receiver or custodian for any
of its assets or properties, or have, a receiver or custodian appoi nted for any of its assets or
properties, with or without consent, and such receiver shall not be discharged within ninety (90)
days after its appointment; or (vi) adopt a plan of complete liquidation of its/his assets; or
4. If the DEVELOPER shall dissolve or shall cease to exist; or
5. A default shall occur under any mortgage or other lien or encumbrance affecting
the Development Site, Lot 3 or Option Lot 2.
6. Remedies on Default. In the event of any default in or breach of this Agreement
by either Party, or any successor in interest to such Party, such party or successors shall cure or
remedy such default or breach within thirty (30) days after receipt of written notice of default from
the other party (or provided the defaulting party is diligently pursuing a cure, such longer time as
is necessary to complete the cure). If case such action is not taken or the defaulted breach cannot
be cured or remedied wi thin the aforesaid time, the non -defaulting Party may institute such
proceedings that may be necessary or desirable in its opinion to cure the default or breach. If such
a proceeding is commenced, the prevailing Party in such proceeding shall be entitled to recover
from the other Party its reasonable costs incurred in such proceeding, including reasonable attorney
fees. The Parties reserve all remedies at law or in equity necessary to cure any default or remedy
any damages or losses under this Agreement. Remedies include, but are not limited to:
(a) Charging the breaching Party on all amounts due to the non-breaching Party was
paid by the due date as provided in this Agreement, interest at the rate of eighteen percent (18.00%)
per annum from the due date until the date the unpaid amounts are paid in full;
(b) Utilizing any or all of the items of security provided in Section III-C above at the
VILLAGE’s discretion; and
(c) All other remedies set forth in any other document and agreement contemplated
herein or otherwise entered in connection with this Agreement and/or all other remedies available
at law or in equity , including , without limitation petition for mandamus or injunctive relief
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requiring the breaching Party to perform its obligations under this Agreement.
7. Rights and Remedies. The rights and remedies of the Parties under this Agreement,
whether by law or provided by this Agreement, shall be cumulative and the exercise by any Party
of any one or more of such remedies shall not preclude the exercise by it at the same or different
time of any such other remedies for the same event of default or breach or any of its remedies for
any other default or breach by any other Party. No waiver made by either Party with respect to
performance or manner or time thereof, or any obligation of any other Party or any condition to its
own obligations under this Agreement shall be considered a waiver of any rights of any Party
making the waiver or any other obligations of any other Party.
G. TERM
The “Term” of this Agreement commences on the date of execution hereof and shall
terminate on December 31, 2036.
H. NOTICE
Delivery of documents and written notices to a party shall be effective only when
accomplished in any of the following ways:
1. By sending the document or written notice, postage or fees prepaid, by U.S. Mail,
registered or certified mail, return receipt requested at:
DEVELOPER: Stittleburg Restorative Health Care, LLC
234800 Deer Creek LN
Edgar, WI 54426
VILLAGE: VILLAGE OF MARATHON CITY
c/o Steven A. Cherek
Village Administrator
311 Walnut Street
Marathon City, WI 54448
WITH COPY TO: Shane J. VanderWaal
VanderWaal Law, S.C.
P.O. Box 1343
226411 Rib Mountain Dr., Ste. 2
Wausau, WI 54401
2. By giving the document or written notice personally to the party.
I. MISCELLANEOUS PROVISIONS
1. Waiver. No waiver of any provision of this Agreement shall be deemed or
constitute a waiver of any other provision, nor shall it be deemed or constitute a continuing waiver
unless expressly provided for by a written amendment to this Agreement nor shall it be de emed a
17
waiver of any subsequent default or defaults of the same type. Failure to exercise any right under
this Agreement shall not constitute the approval of any wrongful act.
2. Amendment/Modification. This Agreement may be amended or modified only by
a written amendment approved and executed by the VILLAGE and the DEVELOPER.
3. Entire Agreement. This written Agreement and written amendments, and any
referenced attachments hereto, shall constitute the entire Agreement between the DEVELOPER
and the VILLAGE.
4. Time; Force Majeure Event. Time is of the essence as to Closing Date and all other
dates and deadlines contained in this Agreement. Provided, however, in any instance where the
performance of an act is required within a specified time or by a specified date, strict compliance
within the specified time shall be extended if the delay or inability to perform is caused by a delay
or failure to perform due to any cause that is not reasonably foreseeable and that is outside such
Party’s reasonable control, incl uding, without limitation , any act of God , federal or state
declarations, pandemics, embargo or other governmental act, fire, accident, strike, war, riot, or
other cause not within the control of the Party charged with performance (each, a “Force Majeure
Event”). It being the intent of this provision that in the event of the occurrence of any such Force
Majeure event, the time or times of performance of any of the obligations of the Party shall be
extended for the period of the delay as determined by the o ther Party, provided that the Party
seeking the extension due to the delay shall have first notified the other Party thereof and requested
an extension of the period of the delay.
5. No Personal Liability. Under no circumstances shall any board member, village
president, administrator, officer, official, director, attorney, employee , or agent of the VILLAGE
have any personal liability arising out of this Agreement, and no party shall seek or claim any such
personal liability.
6. Severability. If any part, term, or provision of this Agreement is held by the courts
to be illegal or otherwise unenforceable, such illegality or unenforceability shall not affect the
validity of any other part, term, or provision and the rights of the parties will be construed as if the
part, term, or provision was never part of this Agreement.
7. Immunity. Nothing contained in this Agreement constitutes a waiver of the
VILLAGE’s sovereign immunity under applicable law.
8. No Third-Party Beneficiaries. This Agreement is intended solely for the benefit of
DEVELOPER and VILLAGE, and no third party (other than successors) shall have any rights or
interest in any provision of this Agreement, or as a result of any action or inaction of the VILLAGE
in connect ion therewith. Without limiting the foregoing, no approvals given pursuant to this
Agreement by DEVELOPER or the VILLAGE, or any person acting on behalf of any of them,
shall be available for use by any contractor or other person in any dispute relating to construction
of the PROJECT.
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9. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil
action commenced by either party to this Agreement whether arising out of or relating to the
Agreement shall be deemed to be proper only if such action is commenced in the Circuit Court for
Marathon County, Wisconsin. The DEVELOPER expressly waives rights to bring such action in
or to remove such action to any other court whether state or federal.
10. Subordination. Any Lender of DEVELOPER who has a mortgage upon the
Development Site which is recorded with the Marathon County Register of Deeds prior to
recordation described in Section III-H-15 shall execute the Consent of Mortgagee attached hereto
as Exhibit E.
11. Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon the VILLAGE and DEVELOPER and their respective successors and assigns.
12. Subordination. Any lender of DEVELOPER who has a mortgage upon the
Development Site which is recorded with the Marathon County Register of Deeds prior to
recordation of this Agreement in the Marathon County Register of Deeds shall execute the Consent
of Mortgagee attached hereto as Exhibit D.
13. Further Assurances and Corrective Instruments. The VILLAGE and the
DEVELOPER agree that they will, from time to time, execute, acknowledge, deliver, cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments as
may reasonably be required for correcting any inadequate or incorrect description of the land
hereby conveyed or intended so to be, and for carrying out the express intentions of this
Agreement.
14. Authority. Each party warrants and represents to each other that the execution of
this Agreement by their respective officers or agents has been duly authorized and that this
Agreement, when fully executed, constitutes a valid, binding, and legally enforceable obliga tion
of itself.
15. Execution in Counterparts. This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute one and
the same instrument.
16. Recitals; Titles. The recitals set forth above are a part of this Agreement and are
binding on the parties; all captions, headings, or titles in the paragraphs and sections of this
Agreement are inserted for convenience of reference only and shall not constitute a part of this
Agreement as a limitation of the scope of the particular paragraphs or sections to which they apply.
17. Construction. The parties hereto acknowledges that each party was actively
involved in the negotiation and drafting of this Agreement and that no law or rule of construction
shall be raised or used in which the provisions of this Agreement shall be construed in favor or
against any Party hereto because one is deemed to be the author thereof.
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18. Recordation. The VILLAGE may record this Agreement or a memorandum of this
Agreement in the Register of Deeds Office for Marathon County, Wisconsin. All costs of
recording shall be paid by the VILLAGE.
19. Effective Date. This Agreement shall be effective as of the date and year first
written above.
CONTINUES ON NEXT PAGE
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
year and date set forth above, and by so signing this Agreement, certify that they have been duly
and properly authorized by their respective entities to make the commitments contained herein,
intending them to be binding upon their respective entities and to execute this Agreement on their
behalf.
STITTLEBURG RESTORATIVE HEALTH CARE, LLC
By: ___________________________________
Its ____________________________
STATE OF WISCONSIN )
) ss.
MARATHON COUNTY )
Personally came before me this _______ day of _________________, 20 26, the above -
named ______________ to me known be the person who executed the foregoing instrument
personally and as __________________________
__________________________________________
____________________________________
Notary Public, State of Wisconsin
My Commission Expires: _________________
21
VILLAGE OF MARATHON CITY
By: __________________________________
Kurt Handrick, Jr. President
Attest: _______________________________
Cassie Lang, Village Clerk
STATE OF WISCONSIN )
) ss.
MARATHON COUNTY )
Personally came before me this _______ day of ____________________, 2026, the above
named, Kurt Handrick, Jr., President, and Cassie Lang, Clerk, known to be the persons and officers
who executed the foregoing instrument and acknowledged that they executed the same as such
officers by the Village of Marathon City’s authority.
________________________________________
______________________________
Notary Public, State of Wisconsin
My Commission Expires: __________
EXHIBIT A
TID NO. 2 PROJECT PLAN
ON FILE AT VILLAGE
EXHIBIT B
CERTIFIED SURVEY MAP
EXHIBIT C
PRELIMINARY RENDERINGS OF PHASE 1 AND PHASE 2 PROPERTIES
EXHIBIT D
CONSENT OF MORTGAGEE TO
PURCHASE & DEVELOPMENT AGREEMENT
The undersigned, being the Mortgagee of the real estate subject to that Village of Marathon
City TID #2 Purchase & Development Agreement , Stittleburg Restorative Health Care, LLC
(“Development Agreement”), by virtue of that certain Real Estate Mortgage from
______________ to _________________________, dated ___________________, recorded
__________________as Document No. _________________ in the Office of the Register of
Deeds for Marathon County, Wisconsin (“Prior Mortgage”), does, subject to and as a condition of
those provisions of the Memorandum Of Understanding Regarding The Village Of Marathon
City’s Development Agreeme nt executed by the Village (Exhibit F of the Development
Agreement), hereby (1) consent to the terms of the Development Agreement and (2) subordinate
the Prior Mortgage to the Development Agreement.
The undersigned agrees that, in the event of default of the Prior Mortgage, and subject to and as a
condition of those provisions of the Memorandum Of Understanding Regarding The Village Of
Marathon City’s Development Agreement , any purchaser of the property described in the Prior
Mortgage will take title to the same subject to the Development Agreement as if the Development
Agreement had been recorded in the Office of the Register of Deeds for Marathon County,
Wisconsin, prior to the recording of the Prior Mortgage.
IN WITNESS WHEREOF, ____________________________________ has caused this
instrument to be executed this ___ day of __________, 2026.
_________________________
A Wisconsin Bank Corporation
By: ______________________________________
_______________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF MARATHON )
This instrument was acknowledged before me this _____ day of _________________,
2026, by ____________________________________, ______________________________ of
_________________________________________.
__________________________________________
___________________________, Notary Public
My Commission Expires: _________________
1
EXHIBIT E
AGREEMENT FOR RECEIPT AND DISBURSEMENT OF COMMUNITY
DEVELOPMENT INVESTMENT GRANT FUNDS
THIS AGREEMENT FOR RECEIPT AND DISBURSEMENT OF COMMUNITY
DEVELOPMENT INVESTMENT GRANT FUNDS (“Agreement”) made and entered into on
this ___ day of ________ _____, 202 6. (the “Effective Date”), by and between Stittleburg
Restorative Health Care, LLC (hereinafter “DEVELOPER”), and the Village of Marathon City, a
Wisconsin municipal corporation (hereinafter “VILLAGE”).
RECITALS:
A. VILLAGE owns the property located at Lot 1 and Lot 3 of CSM , Marathon City,
WI 54448 (Parcel ID 151 -2806-063-1114) (the “Property”) and entered into a
Purchase & Development Agreement with DEVELOPER to construct a Functional
Health and Integrative Medicine Clinic along with a Farm to Table Commercial
Retail Store at the Property; and
B. DEVELOPER seeks assistance in the form of a Community Development
Investment Grant (hereinafter “CDI Grant”) for up to Two Hundred and Fifty
Thousand and No/100 Dollars ($250,000 .00) from the Wisconsin Economic
Development Corporation (hereinafter “WEDC”) to offset financing constraints;
and
C. WEDC requires that the VILLAGE act as the applicant of the CDI Grant and be
the recipient of the CDI Grant Funds; and
D. The parties desire to enter into this Agreement to set forth the terms and conditions
of their agreement;
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Purpose of this Agreement . The purpose of this Agreement is to allocate the
responsibilities between VILLAGE and DEVELOPER , to complete the application for the CDI
Grant funds, and to assure the CDI Grant funds can be used towards payment of all Project costs
permitted to be paid for by the CDI Grant as directed by the WEDC.
2. Grant Conditions . DEVELOPER shall comply with those terms and conditions set
forth by WEDC and the CDI Grant and any agreements required thereunder . The timing of site
improvements shall be determined by DEVELOPER’s needs; however, as required by WEDC, all
cost for which CDI Grant funds must be incurred two years from the execution of this Agreement.
2
3. Obligations of the VILLAGE . VILLAGE will approve any necessary agreements
required by the WEDC, provided such agreements are consistent with the terms of this Agreement.
VILLAGE shall perform all obligations as “Recipient” of the CDI Grant Funds, specifically acting
as applicant of the CDI Grant and cooperate with DEVELOPER to complete the grant
administrative work, including, but not limited to submitting regular performance reports as may
be required to show the progress and impact of the Project. VILLAGE shall seek grant funds
reimbursements from WEDC and shall distribute grant funds to DEVELOPER pursuant to the
terms of the CDI Grant and upon receipt of necessary invoices or paperwork from DEVELOPER.
VILLAGE will allow DEVELOPER to inspect and copy all r ecords pertaining to the CDI Grant
or WEDC, provided that DEVELOPER gives at least 24 hours’ notice.
4. Obligations of the DEVELOPER. DEVELOPER shall cooperate with VILLAGE and
supply and assemble all necessary documents, records and invoices as may be required to comply
with the terms of the CDI Grant and any related agreements required by the WEDC. DEVELOPER
shall communicate and work closely with VILLAGE to ensure the timely submission of all
paperwork required by the WEDC. DEVELOPER shall only use CDI Grant funds for the costs
allowed under the terms of the CDI Grant and as directed by the WEDC and shall comply with the
terms of any agreements required by the WEDC for receipt of the CDI Grant funds. DEVELOPER
will allow VILLAGE to inspect and copy all records DEVELOPER is required to maintain by the
CDI Grant or WEDC, provided that VILLAGE gives at least 24 hours’ notice.
5. DEVELOPER Hold Harmless and Indemnifies VILLAGE: DEVELOPER agrees to
hold VILLAGE harmless and agrees to indemnify VILLAGE from any and all actions/inaction of
DEVELOPER in any way related to the CDI Grant. In the event VILLAGE incurs any fees, costs,
expenses, charges, or penalties arising from any breach or default of this Agreement by
DEVELOPER, DEVELOPER shall promptly pay such cost and if not immediately paid, the
VILLAGE may assess such fees, costs, expenses, charges , or penalties against on parcels as a
special charge under Wis. Stat. § 66.0627 and/or take such other action as the VILLAGE deems
appropriate.
6. Term. The term of this Agreement shall commence on the Effective Date and shall end
on the earlier of: (a) the receipt and distribution of all CDI Grant funds and any necessary
paperwork required thereunder; or (b) the date that DEVELOPER or VILLAGE provides notice
of termination as provided in Section 7 below.
7. Termination.
(1) By DEVELOPER. DEVELOPER may terminate this Agreement, at any time, upon
not less than thirty (30) days prior written notice to VILLAGE, at which time
DEVELOPER shall reimburse VILLAGE for any expenses incurred to date as well
as any expenses VILLAGE incurs related to DEVELOPER termination of this
Agreement.
(2) By VILLAGE. VILLAGE may terminate this Agreement upon not less than thirty
(30) days prior written notice to DEVELOPER after DEVELOPER's failure to cure
any Events of Default (as defined herein) during any applicable cure period.
3
8. Assignment and Sublease . DEVELOPER may not transfer or otherwise assign its
interest in this Agreement.
9. Events of Default. The following are “Events of Default” by a party: The party fails to
perform its obligations or covenants under this Agreement within the specified time and manner
and such failure continues for 30 days after the party receives written notice of default from the
other party. However, if such default cannot reasonably be corrected within thirty (30) day s, the
party shall not be in default if the party promptly commences and continues the necessary
corrective action to remedy the default as soon as possible.
10. Notices. Delivery of any notices required under this Agreement shall be given in any
of the following manners: (a) by sending the notice by U.S. Mail registered or certified mail, return
receipt requested and notice shall be deemed to be given two (2) business days after mailing; (b)
by reputable overnight courier and shall be deemed to be given one (1) business day after delivery
to the courier; or (c) by personal delivery to a representative of the other, and shall be deemed to
be given upon such personal delivery.
Any such notices shall be addressed as follows:
DEVELOPER: Stittleburg Restorative Health Care
234800 Deer Creek LN
Edgar, WI 54426
VILLAGE: VILLAGE OF MARATHON CITY
c/o Steven A. Cherek
Village Administrator
311 Walnut Street
Marathon City, WI 54448
WITH COPY TO: Shane J. VanderWaal
VanderWaal Law, S.C.
P.O. Box 1343
226411 Rib Mountain Dr., Ste. 2
Wausau, WI 54403
Either party may change its address by providing the other party with written notice thereof . The
new address will be effective ten (10) days after notice is given by one of the methods set forth
above.
11. Binding Terms; Covenants Running with Land. All the terms, conditions, limitations,
and covenants herein contained or implied by law are covenants running with the land and shall
bind and attach the inure to the benefit of the VILLAGE and DEVELOPER and their respective
successors and assigns.
12. Authority. Each of the parties represents and warrants that it has the full capacity,
right, power and authority to execute, deliver and perform this Agreement, and all required actions,
4
consents and approvals therefor have been duly taken and obtained.
13. Counterparts. This Agreement may be executed in one or more counterparts, all of
which will be considered one and the same agreement and will become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
14. Force Majeure. Where the performance of an act is required within a specified time
or by a specified date, strict compliance within the specified time shall be extended if the delay or
inability to perform is caused by a delay or failure to perform due to any cause that is not reasonably
foreseeable and that is outside such Party’s reasonable control, including, without limitation, any
act of God, federal or state declarations, pandemics, embargo or other governmental act, fire,
accident, strike, war, riot, or other cause not within the control of the Party charged with
performance (each, a “Force Majeure Event”). It being the intent of this provision that in the event
of the occurrence of any such Force Majeure event, the time or times of performance of any of the
obligations of the Party shall be extended for the period of the delay as determined by the other
Party, provided that the Party seeking the extension due to the delay shall have first notified the
other Party thereof and requested an extension of the period of the delay.
15. Governing Law. The laws of the State of Wisconsin shall govern this Agreement.
16. Severability. If any provision of this Agreement is determined by a court of law to be
invalid or unenforceable, the court may modify that provision to be within the limits of
enforceability or validity, if feasible; however, if the offending provision cannot be so mo dified,
it may be stricken and all other provisions of this Agreement in all other respects shall remain valid
and enforceable.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
Effective Date.
VILLAGE OF MARATHON CITY
By:__________________________________
Kurt Handrick, Jr. President
Attest: _______________________________
Cassie Lang, Village Clerk
DEVELOPER
STITTLEBURG RESTORATIVE HEALTH CARE, LLC
By: ___________________________________
Its ____________________________
1
EXHIBIT F
MEMORANDUM OF UNDERSTANDING
REGARDING THE VILLAGE OF MARATHON CITY
DEVELOPMENT AGREEMENT
The undersigned Village of Marathon City, a Wisconsin municipal corporation (the
“Village”) is a party to this Memorandum of Understanding (“Memorandum”).
WBD, Inc. has extended or will extend a $___________ loan (the “Loan”) to Stittleburg
Restorative Health Care, a Wisconsin limited liability corporation (“Developer”) under the subject
Development Agreement, which Loan is or will be secured by a lien on the real property described
in the Development Agreement, pursuant to a mortgage (the "Mortgage") from Developer to
WBD, Inc. which Mortgage has or will be been assigned to the U.S. Small Business Administration
(the “SBA”).
The Village and Developer are parties to the Development Agreement dated __________
__, 2026 (the “Agreement”), and recorded __________ __, 2026, as Document No. XXXXX in
the office of the Marathon County, Wisconsin, Register of Deeds.
Notwithstanding anything herein to the contrary, the parties agree that the SBA is not
subject to the Development Agreement to the extent set forth herein and the Village and SBA agree
as follows:
1. The SBA is permitted to take legal or equitable title to the Development Site
through mortgage foreclosure proceedings, Sheriff’s Deed or deed -in-lieu of foreclosure
without any obligation to make any payment in lieu of taxes or personal guaranty payments
pursuant to the Development Agreement without the permission of the Village.
The SBA is exempt from payment of property assessments, special assessments, and/or
general real estate taxes. If the SBA becomes the owner of the real property, its tax-exempt
status shall not be affected by the Development Agreement.
This Memorandum only applies to the SBA and no other subsequent person or entity.
Upon the sale, transfer, or conveyance of the property in any manner , including through
mortgage foreclosure proceedings, Sheriff’s Deed or deed-in-lieu of foreclosure, all terms
and conditions of the Development Agreement shall be in full force and effect to said
persons or entity.
2
IN WITNESS WHEREOF, the Village has caused this instrument to be executed this ___ day of
__________, 2026.
VILLAGE OF MARATHON CITY
By: __________________________________
Kurt Handrick, Jr. President
Attest: _______________________________
Cassie Lang, Village Clerk
STATE OF WISCONSIN )
) ss.
MARATHON COUNTY )
Personally came before me this _______ day of __________, 2026, the above named, Kurt
Handrick, Jr., President, and Cassie Lan g, Clerk, known to be the persons and officers who
executed the foregoing instrument and acknowledged that they executed the same as such officers
by the Village of Marathon City’s authority.
________________________________________
______________________________
Notary Public, State of Wisconsin
My Commission Expires: __________
_________________________
A Wisconsin Bank Corporation
By: ______________________________________
_______________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF MARATHON )
This instrument was acknowledged before me this _____ day of _________________,
2026, by ____________________________________, ______________________________ of
_________________________________________.
__________________________________________
___________________________, Notary Public
My Commission Expires: _________________
EXHIBIT G
1
THIS PARKING LOT EASEMENT AGREEMENT
(the “Agreement”) is by and between the Village of Marathon
City, a Wisconsin municipal corporation (“Parcel 2 Owner”) and
Stittleburg Restorative Health Care LLC, a Wisconsin limited
liability corporation (“Parcel 1 Owner”).
RECITALS:
A. Parcel 1 Owner is the owner of certain real
property located in Marathon County, Wisconsin, described and
depicted on the attached Exhibit A , incorporated herein and
referred to on the Exhibit and in this Agreement as Lot 1.
B. Parcel 2 Owner is the owner of certain real property also located in Marathon
County, Wisconsin, adjoining Parcel 1, as described and depicted on the attached Exhibit A and
referred to on the Exhibit and in this Agreement as Lot 2.
C. Parcel 1 Owner is the owner of certain real property located in Marathon County,
Wisconsin, as described and depicted on the attached Exhibit A, incorporated herein and referred
to on the Exhibit and in this Agreement as Lot 3 (“Parking Lot”).
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Grant of Easement. Parcel 1 Owner hereby grants and conveys to Parcel 2 Owner,
its successors and assigns, for the benefit of Parcel 2 Owner and Lot 2 and all present and future
owners of Lot 2 and their occupants, agents, employees, guests, licensees, and invitees
(collectively, “Users”) a perpetual nonexclusive easement:
Record this document with the
Register of Deeds
Document Number
Name and Return Address:
Shane J. VanderWaal
VanderWaal Law, S.C.
226411 Rib Mountain Drive, Suite 2
Wausau, WI 54401
PARKING LOT
EASEMENT AGREEMENT
2
(a) to use any portion of Lot 3 for vehicular parking or as drive aisles for
vehicular and pedestrian ingress and egress over, on, and across such portions to obtain
access to and from Lot 2 and the public rights-of-way; and
(b) to park vehicles on any portion of Lot 3 for vehicular parking.
The areas described in (a) and (b), above, are collectively referred to in this Agreement as the
“Easement Areas”.
2. Use/Site Plan/Construction. Parcel 1 Owner and Parcel 2 Owner agree that Lot 3
shall be solely and exclusively dedicated and used as a parking lot, with drive aisl es, and
driveway/parking improvements all to be constructed in accordance with a Site Plan prepared by
Parcel 1 Owner and as approved by Parcel 2 Owner . Construction of the Easement Areas lot on
Lot 3 shall be completed by Parcel 1 Owner at its sole cost and expense o n or before December
31, 2029.
3. Parking Ratios. Parcel 1 Owner shall provide sufficient parking on the Easement
Areas to serve any improvements constructed by Parcel 1 Owner and Parcel 2 Owner on Lot 1 and
Lot 2. As used in this Agreement, sufficient parking shall mean the greater of: (a) (number of
parking stalls) per 1,000 square feet of the floor area of the improvements located on Lot 1 and
Lot 2; or (b) the minimum number of parking stalls required under applicable the Village Code of
Ordinances. Furthermore, should either Lot 1 or Lot 2 be rezoned to a classification that under
applicable Village ordinances requires a larger or smaller number of stalls per 1,000 square feet
than does the existing zoning classification, then the ratio set forth in (a), above, shall be adjusted
by multiplying the numerator by x/y, where x is the number of stalls per 1,000 square feet required
by the new classification and y is the number of stalls per 1,000 square feet required by the existing
classification.
4. Maintenance. Parcel 1 Owner or its successors or assigns shall at all times maintain
the Easement Areas and all driveways, walkways, and exits and appurtenances thereto in good
condition and repair and at the standard applicable to a commercial retail parking lot , including
periodic patching, resurfacing, and restriping, and kep t in a neat and safe condition free of
accumulated paper, debris, other refuse, snow, and ice for the uses and purposes described in this
Agreement. Maintenance shall be performed at Parcel 1 Owner’s expense. Parcel 1 Owner shall
be entitled to fifty percent (50%) reimbursement from Parcel 2 Owner within thirty days of
presentation by Parcel 1 Owner of invoice(s) for the maintenance cost incurred.
5. Indemnity. Parcel 1 Owner shall indemnify and defend Parcel 2 Owner and its
officers, agents, and employees from all liability, suits, actions, claims, costs, damages, and
expenses of every kind and description, including court costs and legal fees, for claims of any
character, including liability and expenses in connectio n with the loss of life, personal injury, or
damage to property, brought because of any injuries or damages received or sustained by any
person, persons, or property on account of or arising out of the use of Lot 3/Easement Areas by
Parcel 2 Owner or its agents, contractors, subcontractors, invitees, or employees.
3
Nothing contained herein is intended to be a waiver or estoppel of the Village of Marathon City or
its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law,
including but not limited to, those contained within Wis. Stat. §§ 893.80, 895.52 and 345.05. To
the extent that indemnification is available and enforceable, neither the Village of Marathon City
nor its insurer shall be liable in indemnity or contribution for an amount greater than the limits of
liability for municipal claims established by Wisconsin Law.
6. Insurance. Parcel 1 Owner agrees to maintain, at its own cost and expense, a
commercial general liability insurance naming Parcel 2 Owner as an added insured, to insure
against injury to property, person or loss of life arising out of Parcel 1 Owners use, occupancy or
maintenance of the Easement Areas with the limits of coverage that are at levels as are usual and
customary for similarly situated companies in the community. Within thirty (30) days of the
Effective Date and upon request at reasonable ti mes thereafter, Parcel 1 Owner shall provide to
Parcel 2 Owner , properly executed and current certificates of insurance with respect to all
insurance policies required to be maintained by Parcel 1 Owner under this Agreement.
7. Property Taxes. Parcel 1 Owner shall pay prior to delinquency any real estate
taxes attributable to Lot 3.
8. Barriers. The parties intend that Lot 1 and Lot 2 shall be served by a single
continuous parking lot on Lot 3/Easement Areas and that ingress and egress between the portions
of the parking lot located on Lot 3 shall always be open and unobstructed. Accordingly, neither
party shall do anything to interfere with the use of the easements granted under this Agreement by
the other party or by the Users. No curbs, barriers, fences, dividers, or other obstructions shal l be
constructed on or across any driveway or parking area to (a) prevent, prohibit, or discourage the
free and uninterrupted flow of vehicular and pedestrian traffic; or (b) limit parking below the
requirements described in Section 3. Notwithstanding anything set forth in this Agreement to the
contrary, the foregoing prohibitions and limitations shall not apply to: (a) speed bumps, speed limit
signs, and the like; or (b) temporary structures, enclosures, and fencing erected in connection with
outdoor sales of merchandise within the parking lot, provided that such structures, enclosures, and
fencing do not unreasonably obstruct traffic or unreasonably limit the availability of parking spaces
to members of the general public.
9. Reasonable Rules and Regulations. Parcel 1 Owner and Parcel 2 Owner shall
each have the right to promulgate reasonable rules, restrictions, and regulations governing the use,
maintenance, operation, and enjoyment of the parking lot and employee parking within the parking
lot, so long as the rules, restrictions, and regulations are of general applicability and are not
designed or implemented in such a manner as to discriminate against the other party to this
Agreement or that party’s Users. Each party to this Agreement agrees to honor any rules,
restrictions, and regulations promulgated under this Agreement by the other party.
10. Covenants Run with Land. All of the terms and conditions in this Agreement,
including the benefits and burdens, shall run with the land and shall be binding upon, inure to the
benefit of, and be enforceable by Parcel 1 Owner and Parcel 2 Owner and their respective
successors and assigns as owners of Lots 1, 2, and 3, respectively. The easements granted herein
are easements appurtenant and may not be transferred separately from, or severed from, title to the
4
respective Lot. Furthermore, the benefits of the easements granted under this Agreement shall not
be extended to any properties other than Lots 1, 2, and 3 without the consent of the owners of the
fee simple interest of Lots 1, 2, and 3. The specific parties named as Parcel 1 Owner and Parcel 2
Owner in this Agreement, and each of their respective successors and assigns as fee simple owners
of Lots 1, 2, and 3, respectively, shall cease to have further liability under this Agreement with
respect to facts or circumstances first arising after the party has transferred its fee simple interest
in any Lot herein except, however, for obligations that accrued during the party’s period of
ownership of title.
11. Non-Use. Non-use or limited use of the easement rights granted in this Agreement
shall not prevent the benefiting party from later use of the easement rights to the fullest extent
authorized in this Agreement.
12. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Wisconsin.
13. Entire Agreement. This Agreement sets forth the entire understanding of the
parties and may not be changed except by a written document executed and acknowledged by all
parties to this Agreement and duly recorded in the office of the Register of Deeds of Marathon
County, Wisconsin.
14. Notices. All notices to either party to this Agreement shall be delivered in person
or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party’s
last known address. If the other party’s address is not known to the party desiring to send a notice,
the party sending the notice may use the address to which the other party’s property tax bills are
sent. Either party may change its address for notice by providing written notice to the other party.
15. Draftsmanship. Each of the parties is represented by its own counsel. In the event
of a dispute, no provision of this Easement will be construed in favor of one party and against the
other by reason of the draftsmanship of this Agreement.
16. No Partnership. None of the terms and provisions of this Agreement shall be
deemed to create a partnership between or among the parties hereto in their respective businesses
or otherwise, nor shall any terms or provisions of this Agreement cause them to be considered joint
ventures or members of any joint enterprise.
17. Amendment. This Easement may only be amended, modified, or terminated by a
declaration in writing, executed and acknowledged by all the parties to this Easement or their
successors or assigns.
18. Compliance with Laws. Grantee covenants and agrees to use the Easement Area
only in accordance with all applicable laws, ordinances, rules, regulations and requirements of all
federal, state and municipal governments.
19. Severability. If any term or condition of this Agreement, or the application of this
Agreement to any person or circumstance, shall be deemed invalid or unenforceable, the remainder
5
of this Agreement, or the application of the term or condition to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term
and condition shall be valid and enforceable to the fullest extent permitted by law.
20. Waiver. No delay or omission by any party in exercising any right or power arising
out of any default under any of the terms or conditions of this Agreement shall be construed to be
a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall
not be construed to be a waiver of any breach of any other terms or conditions of this Agreement.
21. Enforcement. Enforcement of this Agreement may be by proceedings at law or in
equity against any person or persons violating or attempting or threatening to violate any term or
condition in this Agreement, either to restrain or prevent the violation or to obtain any other relief.
PARCEL 1 OWNER
STITTLEBURG RESTORATIVE HEALTH CARE, LLC
By: ___________________________________
Taryn Stittleburg
Its: Sole member
STATE OF WISCONSIN)
) ss.
MARATHON COUNTY)
Personally came before me this _______ day of _________________, 202 6, the above -named
Taryn Stittleburg to me known be the person who executed the foregoing instrument personally
and as sole member
__________________________________________
____________________________________
Notary Public, State of Wisconsin
My Commission Expires: _________________
6
PARCEL 2 OWNER
VILLAGE OF MARATHON CITY
By: __________________________________
Kurt Handrick, Jr. President
Attest: _______________________________
Cassie Lang, Village Clerk
STATE OF WISCONSIN)
) ss.
MARATHON COUNTY)
Personally came before me this _______ day of ____________________, 2026, the above named,
Kurt Handrick, Jr., President, and Cassie Lan g, Clerk, known to be the persons and officers who
executed the foregoing instrument and acknowledged that they executed the same as such officers
by the Village of Marathon City’s authority.
________________________________________
______________________________
Notary Public, State of Wisconsin
My Commission Expires: __________
7
CONSENT OF MORTGAGEE TO
PARKING LOT EASEMENT AGREEMENT
The undersigned, being the Mortgagee of the real estate subject to this Parking Lot
Easement Agreement , by virtue of that certain Real Estate Mortgage from
____________________________________to_____________________________________,
dated _________________, recorded _____________________________, as Document No.
________________ in the Register (“Prior Mor tgage”), does hereby (1) consent to the terms of
this Parking Lot Easement Agreement and (2) subordinates the Prior Mortgage to the Parking Lot
Easement Agreement. The undersigned agrees that, in the event of default of the Prior Mortgage,
any purchaser of the property described in the Prior Mortgage will take title to the same subject to
this Parking Lot Easement Agreement as i f th e Parking Lot Easement Agreement had been
recorded in the Register of Deeds, prior to the recording of the Prior Mortgage.
IN WITNESS WHEREOF, ____________________________________ has caused this
instrument to be executed this _______ day of ________________________, 2026.
__________________________________,
a Wisconsin banking corporation
By:
__________________________, ____________
STATE OF WISCONSIN)
) ss.
MARATHON COUNTY)
Personally came before me this _______ day of ____________________, 2026, the above named,
______________________ known to be the person and officer who executed the foregoing
instrument and acknowledged that they executed the same as such officer by
___________________’s authority.
________________________________________
______________________________
Notary Public, State of Wisconsin
My Commission Expires: __________
8
EXHIBIT A
CSM OF LOTS 1, 2, AND 3.
1
EXHIBIT H
_____________________ – _______________________, _____________, WISCONSIN _________
TELEPHONE: (___) ___-____
IRREVOCABLE STANDBY LETTER OF CREDIT NO.______
PLACE AND DATE OF ISSUE: DATE AND PLACE OF EXPIRY:
______, WISCONSIN __/___/2026 ____________ IN MARATHON CITY, WISCONSIN
APPLICANT: ADVISING BANK:
STITTLEBURG RESTORATIVE HEALTH CARE, LLC
234800 DEER CREEK LANE
EDGAR, WI 54426.
BENEFICIARY: AMOUNT: USD $75,000.00
VILLAGE OF MARATHON CITY
311 WALNUT STREET
MARATHON, WI 54448
STITTLEBURG RESTRORATIVE HEALTH CARE, LLC HEREBY ESTABLISHES AND OPENS THIS
IRREVOCABLE STANDBY LETTER OF CREDIT NO._______ IN FAVOR OF THE VILLAGE OF MARATHON
CITY, MARATHON, WISCONSIN (THE “VILLAGE), FOR THE ACCOUNT OF STITTLEBURG RESTROATIVE
HEALTH CARE, LLC, A WISCONSIN LIMITED LIABILITY CORPORATION (THE “APPLICANT”), WHICH IS
AVAIALBE AT SIGHT AGAINST PAYMENT UPON PRESENTATION OF THE BENEFICIARY’S DRAFT(S), UP TO
THE TOTAL AMOUNT OF SEVENY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00), DRAWN ON
APPLICANT, AND BEARING THE CLAUSE “DRAWN UNDER IRREVOCABLE STANDBY LETTER OF CREDIT
NO._______.” PARTIAL DRAWINGS ARE ALLOWED UNDER THIS LETTER OF CREDIT, BUT IN NO EVENT
WILL THE AGGREGATE OF THE DRAWINGS EXCEED THE FACE AMOUNT OF THIS LETTER OF CREDIT AS
RENEWED, EXTENDED, OR REPLACED UNDER THE TERMS OF THE AGREEMENT BETWEEN THE VILLAGE
OF MARATHON CITY AND APPLICANT, DATED _____________, 2026 (THE “AGREEMENT”).
FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST SIGHT DRAFT(S) PRESENTED
TO US BY YOU AT OUR OFFICE AT _______________, _______, OF _________________, _____________,
WISCONSIN _______. EACH DRAFT SHALL BE ACCOMPANIED BY THE FOLLOWING DOCUME NTS:
1. ORIGINAL OF THIS LETTER OF CREDIT; AND AMENDMENT(S), IF ANY.
2. YOUR DRAWING CERTIFICATE, DULY SIGNED BEFORE A NOTARY PUBLIC IN THE FORM OF
EXHIBIT A ATTACHED TO THIS LETTER.
THE DRAWING CERTIFICATE SHALL HAVE ALL BLANKS APPROPRIATELY FILLED IN AND SHALL BE
PRINTED ON YOUR LETTERHEAD, IDENTIFYING THIS LETTER OF CREDIT BY ITS NUMBER. WE SHALL
NOT BE OBLIGATED TO VERIFY YOUR INQUIRY INTO ANY OF THE STATEMENTS SET FORTH IN THE
DRAWING CERTIFICATE.
EXCEPT AS PROVIDED IN THE DRAWING CERTIFICATE, (1) DRAFTS ON THIS LETTER OF CREDIT MAY BE
MADE AS SET FORTH ABOVE AT ANY TIME UNTIL THE EXPIRATION OF THE IRREVOCABLE LETTER OF
CREDIT.
CONTINUED ON PAGE TWO WHICH FORMS AN INTEGRAL PART OF THIS LETTER OF CREDIT.
2
PAGE TWO WHICH FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO._________________.
THE FACE AMOUNT OF THIS LETTER OF CREDIT SHALL AUTOMATICALLY REDUCE BY THE APPLICABLE
REDUCTION AMOUNT OF ANY PARTIAL DRAW.
ALL DOCUMENTS PRESENTED TO US IN CONNECTION WITH ANY DEMAND FOR PAYMENT UNDER THIS
LETTER OF CREDIT, WHETHER VIA MAIL, COURIER OR FAX PRESENTATION, AS WELL AS ALL NOTICES
AND OTHER COMMUNICATIONS TO US IN RESPECT OF THIS LETTER OF CREDIT, SHALL BE IN WRITI NG
AND ADDRESSED AND PRESENTED TO US AT THE AFORESAID ADDRESS, ____________, _______
ATTENTION: ___________, ______________, _____________, WISCONSIN _________ AND SHALL MAKE
SPECIFIC REFERENCES TO THIS LETTER OF CREDIT BY NUMBER.
DEMAND FOR PAYMENT HEREUNDER MAY ALSO BE MADE IN THE FORM OF FACSIMILE TRANSMISSION
OF THE DRAFT(S) AND DOCUMENT(S) REQUIRED HEREUNDER TO FACSIMILE NUMBER (__ _) ___-____.
YOU MUST CONFIRM OUR RECEIPT OF EACH TELECOPIED DRAWING BY TELEPHONING (__ _) ___-____ AND
IMMEDIATELY FORWARD TO US THE ORIGINAL DRAFT(S) AND DOCUMENT(S) BY COURIER SERVICE.
UPON THE PAYMENT TO YOU OR TO YOUR ACCOUNT OF THE AMOUNT SPECIFIED IN A SIGHT DRAFT
DRAWN UNDER THIS LETTER OF CREDIT, WE SHALL BE FULLY DISCHARGED OF OUR OBLIGATION
UNDER THIS LETTER OF CREDIT WITH RESPECT TO THAT SIGHT DRAFT AND WE SHALL NOT BE
OBLIGATED TO MAKE ANY FURTHER PAYMENTS UNDER THIS LETTER OF CREDIT WITH RESPECT TO
THAT SIGHT DRAFT TO YOU OR ANY OTHER PERSON.
THIS LETTER OF CREDIT MAY NOT BE ASSIGNED OR TRANSFERRED.
THIS LETTER OF CREDIT SHALL EXPIRE ON ______________. (“EXPIRATION DATE”), UNLESS RENEWED,
EXTENDED OR REPLACED. THE VILLAGE SHALL BE GIVEN WRITTEN NOTICE BY ____________, ______,
NOT LESS THAN FORTY-FIVE (45) DAYS, NOR MORE THEN SIXTY (60) DAYS PRIOR TO THE EXPIRATION OF
THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL
CHAMBER OF COMMERCE, PUBLICATION NO. 500 (THE “UNIFORM CUSTOMS”).
THIS LETTER OF CREDIT SETS FORTH IN FULL OUR UNDERTAKING, AND THAT UNDERTAKING SHALL
NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED OR LIMITED BY REFERENCE TO ANY DOCUMENT,
INSTRUMENT OR AGREEMENT REFERRED TO IN THIS LETTER OF CREDIT, EXCEPT ONLY CERTIFICA TES
AND DRAFTS REQUIRED IN THIS LETTER AND THE UNIFORM CUSTOMS REFERRED TO IN THIS LETTER OF
CREDIT.
WE AGREE THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER
OF CREDIT WILL BE DULY HONORED WITHIN THREE (3) BANKING DAYS BY US UPON DELIVERY OF THE
DRAFTS AND THE CERTIFICATES SPECIFIED IN THIS LETTER OF CREDIT IF PRESENTED ON OR P RIOR TO
THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE.
___________________, 2026
BY: ____________________________
AUTHORIZED SIGNATURE
DRAFT:
APPROVED FOR ISSUANCE AS DRAFTED
________________________________________ ____________________________________
AUTHORIZED SIGNATURE DATE
3
EXHIBIT A
DRAWING CERTIFICATE
DATE: _____________________
_______________, ___________
________________________
_____________, WISCONSIN___________
RE: DRAWING CERTIFICATE
GENTLEMEN:
THIS UNDERSIGNED CERTIFIES THE FOLLOWING TO ______________, _______, WISCONSIN (THE “BANK”)
WITH REFERENCE TO IRREVOCABLE STANDBY LETTER OF CREDIT NO.______________ (THE “LETTER OF
CREDIT”). CAPITALIZED TERMS, AS USED IN THIS CERTIFICATE, SHALL HAVE THE SA ME MEANING GIVEN
TO THEM IN THE LETTER OF CREDIT.
CERTIFICATIONS
1. THE UNDERSIGNED IS AUTHORIZED TO SIGN THIS CERTIFICATE ON BEHALF OF THE VILLAGE OF
MARATHON CITY, MARATHON COUNTY, WISCONSIN.
2. THE UNDERSIGNED IS MAKING A DEMAND FOR PAYMENT UNDER THE LETTER OF CREDIT.
3. THE UNDERSIGNED HAS ADVISED APPLICANT OF THE PROPOSED DRAW AMOUNT AT LEAST TEN
(10) DAYS PRIOR TO THIS CERTIFICATE, AND APPLICANT HAS FAILED TO CAUSE PAYMENT OF
THE PROPOSED DRAW AMOUNT TO BE MADE TO THE UNDERSIGNED.
4. APPLICANT IS IN DEFAULT UNDER THE TERMS OF THE AGREMENT DATED ________________ AND
THE VILLAGE OF MARATHON CITY IS ENTITLED TO DRAW ON THIS LETTER OF CREDIT.
IN WITNESS WHEREOF, THE UNDERSIGNED HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF
THE _______DAY OF ___________, 2026.
VILLAGE OF MARATHON CITY
By: __________________________________
Kurt Handrick, Jr. President
Attest: _______________________________
Cassie Lang, Village Clerk
STATE OF WISCONSIN )
) ss.
MARATHON COUNTY )
Personally came before me this _______ day of ____________________, 2026, the above named, Kurt Handrick, Jr.,
President, and Cassie Lang, Clerk, known to be the persons and officers who executed the foregoing instrument and
acknowledged that they executed the same as such officers by the Village of Marathon City’s authority.
________________________________________
______________________________
Notary Public, State of Wisconsin
My Commission Expires: __________
RESOLUTION NO. 2026-03-04A
RESOLUTION DESIGNATING OFFICIALS
AUTHORIZED TO DECLARE OFFICIAL INTENT UNDER
REIMBURSEMENT BOND REGULATIONS
WHEREAS, the Department of the Treasury has issued final regulations (Treas. Reg.
Section 1.150-2) (the "Reimbursement Bond Regulations") that, for the purpose of determining
whether interest on certain obligations of a state or local government is excluded from gross
income for federal income tax purposes, permit the use of the proceeds of tax-exempt obligations
to reimburse capital expenditures made prior to the date such obligations are issued only if the
state or local government, within 60 days of the date of expenditure, declares its official intent to
reimburse the expenditure with proceeds of a borrowing;
WHEREAS, the Reimbursement Bond Regulations require that if a current expenditure is
to be permanently financed by a later issue of tax-exempt obligations a state or local government
must declare its intention to reimburse itself for the expenditure from proceeds of a borrowing
within 60 days from when the expenditure is made (the "Declaration of Official Intent");
WHEREAS, the Reimbursement Bond Regulations permit a state or local government to
designate an official or employee to make Declarations of Official Intent on its behalf;
WHEREAS, the Common Council (the "Governing Body") of the Village of Marathon
City (the "Issuer") deems it to be necessary, desirable and in the best interest of the Issuer to
authorize an official (or officials) or employee (or employees) of the Issuer to make a
Declaration of Official Intent on its behalf when the Issuer reasonably expects to reimburse itself
from the proceeds of a borrowing for certain expenditures for a specific property, project or
program which it pays from other funds prior to the receipt of the proceeds of the borrowing with
respect to such expenditures;
WHEREAS, the Governing Body hereby finds and determines that designating an official
(or officials) or employee (or employees) with the authority to make Declarations of Official
Intent will facilitate compliance with the Reimbursement Bond Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Issuer, pursuant
to Treas. Reg. Section 1.150-2(e)(1), that:
Section 1. Authorization to Declare Official Intent. The following officials or employees
of the Issuer are hereby authorized and designated to make Declarations of Official Intent
pursuant to the above-referenced Reimbursement Bond Regulations:
• V
illage President
• Village Administrator – Treasurer
• Village Clerk-Deputy Treasurer
S
ection 2. Form of Declaration. Any such Declaration of Official Intent shall be made in
substantially the form attached hereto.
Section 3. Public Availability. Any Declaration of Official Intent shall be maintained in
the files of the Issuer and shall be made available for public inspection in compliance with
applicable State law governing the availability of records of official acts of the Governing Body
including Subchapter II of Chapter 19, Wisconsin Statutes (the "Public Records Law").
Section 4. Further Authorizations. The officials or employees authorized and designated
above are each hereby further authorized to take such other actions as may be necessary or
desirable to comply or evidence compliance with the Reimbursement Bond Regulations.
Section 5. Effective Date. This Resolution shall take effect immediately upon its
adoption and approval.
Adopted, recorded and approved this 4 day of March, 2026.
____________________________________
Kurt Handrick, JR. Village President
ATTEST:
________________________________ (SEAL)
Cassie Lang, Clerk/Deputy Treasurer
NO. ______________
DECLARATION OF OFFICIAL INTENT
This is a Declaration of Official Intent of the __________________________________
(the "Issuer") to reimburse an expenditure with proceeds of a borrowing or borrowings
authorized by the Issuer. This Declaration is made under and pursuant to Treas. Reg.
Section 1.150-2. The undersigned has been designated as an official or employee authorized by
the Issuer to make this Declaration of Official Intent pursuant to a Resolution adopted on
______________, 20__. This Declaration of Official Intent is a public record maintained in the
files of the Issuer and is available for public inspection pursuant to Subchapter II of Chapter 19,
Wisconsin Statutes.
The undersigned hereby declares that it is the reasonable expectation of the Issuer to use
proceeds of a borrowing or borrowings to be incurred by the Issuer to reimburse expenditures for
the property, project or program or from the fund(s)/account(s) described below:
1. Project
* description: ________________________________________________
__________________________________________________________________
__________________________________________________________________
(Provide a general functional description of the property, project or program for which the expenditure to be reimbursed is
paid, e.g. "__ building program", "highway capital improvement program", "hospital equipment acquisition", "combined
utility improvement program", etc.)
OR
2. Identify fund(s)/account(s): ___________________________________________
_________________________________________________________________
(Provide a general functional description of the purpose of the fund or account from which the expenditure to be
reimbursed is paid, e.g. "construction fund program" and "parks and recreation fund" and "highway fund".)
The maximum principal amount of the borrowing or borrowings to be incurred to
reimburse expenditures for the above-described purposes is reasonably expected, on the date
hereof, to be $______________.
The Issuer intends to reimburse itself from borrowed funds within eighteen (18) months,
(3 years if the Issuer is a "small issuer") after the later of (a) the date the expenditure is paid or
(b) the date the facility is placed in service, but in no event more than 3 years after the
expenditure is paid.
No money from sources other than the anticipated borrowing or borrowings is, or is
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the
* Each of the expenditures described must be one of the following: a capital expenditure (i.e. any cost
which is properly chargeable to a capital account or would be so chargeable with a proper election), a cost of
issuance for a bond, an expenditure relating to certain extraordinary working capital items, a grant, a qualified
student loan, a qualified mortgage loan, or a qualified veterans’ mortgage loan.
Issuer with respect to the expenditure, pursuant to the budgetary and financial circumstances of
the Issuer as of the date of this Declaration.
Dated this ____ day of ________________, 20__.
By: __________________________
Title: _______________________
NO. 2026-03-04A
DECLARATION OF OFFICIAL INTENT
This is a Declaration of Official Intent of the Village of Marathon City (the "Issuer") to
reimburse an expenditure with proceeds of a borrowing or borrowings authorized by the Issuer.
This Declaration is made under and pursuant to Treas. Reg. Section 1.150-2. The undersigned
has been designated as an official or employee authorized by the Issuer to make this Declaration
of Official Intent pursuant to Resolution 2026-03-04-01A adopted on March 4, 2026. This
Declaration of Official Intent is a public record maintained in the files of the Issuer and is
available for public inspection pursuant to Subchapter II of Chapter 19, Wisconsin Statutes.
The undersigned hereby declares that it is the reasonable expectation of the Issuer to use
proceeds of a borrowing or borrowings to be incurred by the Issuer to reimburse expenditures for
the property, project or program or from the fund(s)/account(s) described below:
1. Project* description: New Municipal Well NO. 5 Project
(Provide a general functional description of the property, project or program for which the expenditure to be reimbursed is
paid, e.g. "__ building program", "highway capital improvement program", "hospital equipment acquisition", "combined
utility improvement program", etc.)
OR
2. Identify fund(s)/account(s): Utility Fund, 200-00-56300-000-001 WELL#5
Expenditure Account
(Provide a general functional description of the purpose of the fund or account from which the expenditure to be
reimbursed is paid, e.g. "construction fund program" and "parks and recreation fund" and "highway fund".)
The maximum principal amount of the borrowing or borrowings to be incurred to
reimburse expenditures for the above-described purposes is reasonably expected, on the date
hereof, to be $150,000.
The Issuer intends to reimburse itself from borrowed funds within eighteen (18) months,
(3 years if the Issuer is a "small issuer") after the later of (a) the date the expenditure is paid or
(b) the date the facility is placed in service, but in no event more than 3 years after the
expenditure is paid.
* Each of the expenditures described must be one of the following: a capital expenditure (i.e. any cost
w
hich is properly chargeable to a capital account or would be so chargeable with a proper election), a cost of
issuance for a bond, an expenditure relating to certain extraordinary working capital items, a grant, a qualified
student loan, a qualified mortgage loan, or a qualified veterans’ mortgage loan.
No money from sources other than the anticipated borrowing or borrowings is, or is
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the
Issuer with respect to the expenditure, pursuant to the budgetary and financial circumstances of
the Issuer as of the date of this Declaration.
Dated this 4 day of March, 2026.
By:
__________________________
Steven Cherek/Village Administrator/Treasurer
Resolution 2026‑03‑04B
Resolution Amending the 2026 General Fund and 2026 Park Fund Budgets for the
Red Granite Monument Purchase and Installation
WHEREAS, the Village is projected to end with a surplus of $23,702.94 in the 2024 4th
Street Trail Project account upon completion of the sidewalk lighting in spring 2026; and
WHEREAS, at the February 11, 2026 Special Board Meeting, the Village Board authorized
the Administrator to expend up to $11,000 for the purchase and installation of a red granite
monument at the County Materials Sports Complex; and
WHEREAS, the Village Administration/Treasurer has requested a transfer from the General
Fund account 100‑00‑53200‑900‑001 (4th Street Project) to the Park Fund account
500‑00‑57200‑200 (General Construction) to provide the necessary funding for said
monument purchase and installation; and
WHEREAS, the Village Board considered the requested budget amendment at its meeting
held on March 4, 2026, and recommends approval;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the Village of Marathon
City that the following 2026 budget amendment, transferring funds from the General Fund
to the Park Fund for additional park construction costs, is hereby approved:
2026 Budget Amendment Account Change:
4th Street Trail Project (100‑00‑53200‑900‑001) reduce $11,000
General Fund Transfer Out (100‑00‑591500‑000‑000) increase $11,000
Park General Construction Exp. (500‑00‑57200‑300‑000) increase $11,000
Park Fund Revenue Transfer in (500‑00‑49100‑000‑000) increase $11,000
Accounting Program Entry:
General Checking (100‑00‑11110‑000‑000) Credit $11,000
General Fund Transfer Out (100‑00‑591500‑000‑000) Debit $11,000
Park Fund Checking (500‑00‑11110‑000‑000) Debit $11,000
Park Fund Transfer in (500‑00‑49100‑000‑000): Credit $11,000
This 4th day of March, 2026.
APPROVED_______________________________
Kurt Handrick, Jr., Village President
ATTEST_______________________________
Cassie Lang, Clerk / Deputy Treasurer
Source: City of Marathon City website. First collected Oct 17, 2026.