Common Council Agenda Packet - 7:30 PM

City of Oconomowoc Common Council Tuesday, March 03, 2026 - 7:30 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in an accessible format, call the City Clerk’s office at least 48 hours in advance to request adequate accommodations. Tel: (262) 569-2186 1. Call to order and confirmation of appropriate meeting notification 2. Pledge of Allegiance 3. Roll Call 4. Approval of Meeting Minutes a. Minutes of February 17, 2026 5. Comments/Suggestions from Citizens 6. Consent Agenda (Items listed under the Consent Agenda are considered in one motion - a Council member may request to remove an item): a. Developer's Agreement for Arrowood Subdivision Phase 5 7. Committee Reports a. Finance - Spiegelberg, Chr; Schellpeper, Secy; McConnell 1. Consider/act on Resolution 26-R3341 Authorizing Amendments to the 2026 Budget for Continuing Appropriations 2. Consider/act on Resolution 26-R3348 Accepting the Proposal from CivicPlus for Website Services b. Public Services - Ellis, Chr; Mulder, Secy; Schellpeper 1. Consider/act on Resolution 26-R3343 Approving Refuse & Recycle Hauling Contract with John's Disposal 8. Plan Commission a. Consider/act on the Conditional Use Permit for a 165' monopole cell tower, located at 1011 Blue Ribbon Circle North. 9. New Business a. Consider/act on Resolution 26-R3347 Approving Donation to the American Legion for Veterans Park Flags 1 b. Consider/act on License Agreement: City Trail Spur to Waukesha County's Lake Country Trail within WE Energies R-O-W c. Consider/act on Agreement between City/Waukesha County/WE Energies for Lake Country Trail Connection d. Consider/act on Ordinance 26-O1117 to Repeal and Recreate 24-O1065 to Create and Establish a Municipal Court - 1st Reading e. Consider/act on Revised Lake Country Municipal Court Successor Agreement 10. Staff Reports 11. Reports and Comments from the Aldermen 12. Reports and Comments from the Mayor a. Proclamation Honoring John Gross for 35 years of Public Service to the Community 13. Adjourn 2 1 Common Council - February 17, 2026 City of Oconomowoc Common Council Meeting Minutes February 17, 2026 - 7:30 PM Aldermen Present: Karen Spiegelberg, Matt Mulder, Charles Schellpeper, Erik Jungwirth, Matt Rosek, Jennifer Aultman Kloth, Kevin Ellis Aldermen Absent: Rusty McConnell, Also Present: Robert Magnus, Stan Riffle, Mark Frye, Gina Kozlik, Eric Boettcher, Robert Duffy, Jason Herzog, James Pfister, Tim Reel, Steve Hatton, Ivan Lam Mayor Magnus called the Common Council Meeting to order at 7:30 PM and appropriate meeting notice was confirmed. Pledge of Allegiance Roll Call Public Hearing a. Public Hearing - Comp Plan Amendment - Housing Ratios The purpose is to hear public comment on an amendment to Chapter 3-Housing in the City of Oconomowoc Comprehensive Plan 2050. The request is to change the Housing Mix Policy. The established housing ratio found on page 47 of the Comprehensive Plan is for housing to not drop below 60% for single-family dwellings, not to exceed 35% for multi-family dwelling units & not to exceed 5% for duplex units. The desired housing mix is being requested to change to not drop below 58.0% for single- family dwellings, not to exceed 37.3% for multi-family & not to exceed 4.7% for duplex units. This change would allow for a development called the Harvest at Pabst Farms to comply with the housing ratios which includes a minimum of 44 single-family homes & not to exceed 334 multi-family units. The project is located north of Pabst Farms Blvd, west of Sawyer Rd & south of Lake Country Village Subdivision. Economic Development Director, Bob Duffy, gave a PowerPoint Presentation included in the meeting packet. The Public Hearing opened at 7:32 PM. Larry Szwalkiewicz, 1512 Paddock Ct, Oconomowoc, spoke representing the Village of Pabst Farms Condo Association with concerns about changing the housing ratios and the number of rental units in the Cobalt development. Lynne Wright, 707 Marigold St., Oconomowoc, expressed her concerns about overdevelopment. Joe Grasch, business owner of Stor-it Right, 1070 Blue Ribbon Circle, Oconomowoc spoke in favor of the new ratios and continued growth and development density to support the businesses. The Public Hearing closed at 7:52 PM. b. Public Hearing - Harvest PD-Comp Plan-Rezone The purpose is to hear public comment for an amendment of the City of Oconomowoc Comprehensive Plan 2050 & a rezoning of 106.67 acres located along the north & south sides of Pabst Farms Blvd, north of I-94, west of CTH P & south of Lake Country Village subdivision, consisting of parcel tax key #OCOC 0630.999.016 (42 acres); OCOC 0630.999.024 (7.64 acres); and OCOC 0630.999.023 (57.03 acres). The rezoning is for the Harvest at Pabst Farms development project that includes a variety of for-sale and rental residential housing, public recreational features such as walking trails & active-lifestyle commercial uses. The 3 parcels are designated on the land use plan as Business Park and the request is to change the land use plan to Suburban Residential; High Density Residential; and Commercial/Office. The parcels are zoned Business Park district and the request is to rezone the property to Suburban Residential (17.09 acres); Residential Multi-Unit High (24.88 acres); and General Commercial (64.7 acres) with a Planned Development Overlay district. The purpose of the PD overlay is to allow the SR area to increase density from the targeted 3 units/acre to 4 units/acre and allow the RMH area to increase density from the targeted 12 units/acre to 14 units/acre; the street yard setbacks on corner lots be reduced from 25’ to 20’ 3 2 Common Council - February 17, 2026 and with up to 50% of the lots having a 0’ side yard setback for the potential of twin homes; SF lot widths reduced from 70’ to 55’ and side lot lines reduced from 10’ to 7’; and the residential garage design standards which are exemptions from §17.202 & §17.203 Residential Requirements within the zoning ordinance. In the commercial zoned areas, the applicant is requesting exemptions from §17.205 pavement hard surface setback from 3’ side yard minimum to 0’; §17.205 the side yard building setback be reduced from 20’ to 10’; parking requirements in §17.303 Parking and Loading Standards regarding the maximum number of stalls allowed; and allowing properties be created with no public street frontage within the zoning ordinance. A complete list of public benefits are identified in the application materials. If approved the applicant intends to develop the Pabst Farms vacant lands with a complementary mix of land uses. Economic Development Director, Bob Duffy, gave a PowerPoint Presentation included in the packet. The Public Hearing opened at 7:52 PM. Scott Yauck, Cobalt Partners, and Brian Bell, Pabst Farms Development, reviewed details from the project PowerPoint that included a flyover animation of the area. Yauck reiterated their commitment to the project being a mixed-use development. Peter Zielski,35263 Yahara Dr., Summit, Lake Country Village, spoke with concerns about increased density and rapid development and concerns for watershed. Mike Teas 1771 Derby Lane, Oconomowoc, spoke asking for a commitment to the ratios for the Cobalt Development. Lynne Wright, 707 Marigold Street, Oconomowoc, said there was a need for single-family affordable housing, and she was not in favor of any tax increment. Peter Zielinski, 35263 Yahara Drive, Oconomowoc, spoke agreeing that the project looked nice, but it was late with others already in place and he also questioned if it would affect the water availability and other services. The Public Hearing closed at 8:31 PM. Approval of Meeting Minutes Motion to approve made by Mulder and seconded by Spiegelberg. Motion carried 7-0-0. Motion carried 7-0-0. a. Minutes of February 3, 2026 Motion to approve the council minutes of February 3, 2026 made by Mulder and seconded by Spiegelberg. Motion carried 7-0-0. Comments/Suggestions from Citizens Mike Teas, 1771 Derby Lane, Oconomowoc, spoke in favor of the Village Green improvements and supports adding restrooms. Written comments were submitted and distributed record as follows: Kris Wigdal, 2962 Yahara Drive, Summit against rental units with traffic concerns. Laura Gibbs, 908 W. LaBelle Avenue, Oconomowoc on bathroom location options. Consent Agenda (Items listed under the Consent Agenda are considered in one motion - a Council member may request to remove an item): Motion to approve the Consent Agenda made by Mulder and seconded by Aultman Kloth. Motion carried 7-0-0. a. Treasurer's Report 1. Report - Treasurer's Report and Financials - January 2026 2. Easement termination for Lot 1, 578 S. Concord Road 3. Electric Utility Easement Agreement between City of Oconomowoc and Prestwick Properties of Lac LaBelle, LLC 4. Electric Utility Agreement Easement between the City of Oconomowoc and 1229 Robruck Drive, LLC OCOC0587996003 4 3 Common Council - February 17, 2026 Committee Reports a. Finance - Spiegelberg, Chr; Schellpeper, Secy; McConnell 1. Consider/act on 26-R3340 Approving a Budget Amendments for 4th Quarter Grants and Donations Received, and Year End Budget Adjustments Finance Director Steve Hatton said there was review and discussion at committee and asked if there were other questions on the material included in the packets. No other questions. Motion to adopt Resolution 26-R3340 approving Budget Amendments for 4th Quarter Grants and Donations Received, and Year End Budget Adjustments made by Spiegelberg and seconded by Schellpeper. Motion carried 7-0-0. b. Protection & Welfare - Aultman Kloth, Chr; Rosek, Secy; Jungwirth 1. Consider/act on Approval of Full-Service Retail Sales Application - Steelhead Aleworks, LLC Clerk Kozlik provided that the updated application was discussed at committee for approval of beer, wine and alcohol with an updated premise description as outlined in the meeting material. Motion to approve the Full-Service Retail Sales Application for Steelhead Aleworks, LLC made by Aultman Kloth and seconded by Ellis. Motion carried 7-0-0. c. Utility - Rosek, Chr; Aultman Kloth, Secy; Jungwirth 1. Consider/act on Resolution 26-R3338 Approving a Contract Extension for Cross Connection Control Program Inspection Services Scott Osborn, Water Superintendent, explained the commercial and industrial control program inspections are handled by an outside company. Rosek added it was discussed in committee that they get a better price for this year and then they will have to renegotiate it next year. Motion to adopt Resolution 26-R3338 approving a contract extension for Cross Connection Control Program Inpection Services made by Rosek and seconded by Ellis. Motion carried 7-0-0. Plan Commission a. Consider/act on the Certified Survey Map for Pabst 59, to divide one lot into two lots & two outlots, located at 1581 Town Centre Way Duffy presented a PowerPoint and explained an overview of the area and language that was added to the CSMs that contain assurances the buildings themselves would maintain the same architectural standards and the uses would remain consistent with what was originally approved with the project. City Attorney Riffle indicated the verbatim language was added in response to the concerns about uses. Chris Coleman, Nicholas & Associates, was present for questions. Rosek asked if they plan to sell off the parcels, and Coleman said they anticipate they will get users who will want to own the property and they are looking for flexibility. Schellpeper expressed concerns that the project stay true to the original design. Aultman Kloth asked why it wasn’t done then and Coleman said it was not thought of at the time. Motion to approve the CSM for Pabst 59, to divide one lot into two lots & two outlots, located at 1581 Town Centre Way made by Ellis and seconded by Mulder. Motion carried 7-0-0. b. Consider/act on the Certified Survey Map for Pabst 59, to divide one lot into three lots and an outlot, located at 1585 Town Centre Way Coleman explained this is a separate item because there can only have so many lots on the same CSM. Motion to approve the CSM for Pabt 59, to divide one lot into three lots and an outlot, located at 158/5 Town Centre Way made by Mulder and seconded by Aultman Kloth. Motion carried 7-0-0. 5 4 Common Council - February 17, 2026 c. Consider/act on Ord 26-O1118 to amend the Oconomowoc Comprehensive Plan 2050 - Housing Chapter regarding Housing Ratios - 1st Reading Spiegelberg noted there could be two options for the property, it could be developed with light manufacturing or other industrial as outlined by Duffy and permitted by right use without input by the City. She explained this is just a step forward to see if the developer can bring forward a project that works. Schellpeper expressed concerns with costs of services and explained determination of best interest and the balancing test with the fit, also asking about Utility requirements. Administrator Frye explained with efficiencies and the addition of Well 8, it would more than cover it and it was planned for the City to provide water to these areas. Frye said there may be some pipe sizing issues, but not capacity. Schellpeper added with the commercial component, it adds economic development and they have to balance the small-town charm with property owner rights. Ellis explained their role is also to keep taxes low and without growth it is impossible with expenses. Jungwirth expressed appreciation for the work to get to this third rendition but expressed concerns about the high density and the congestion in that area with this being his district and will not be supporting the change in ratios. Rosek confirmed the ponds would remain and there would be no four-story apartments and all the parking is underground or connected. He still had concerns about changing the ratio and would like to see the unit count come down but reminded it could be large walls of manufacturing facilities or distribution centers. Mulder thought it was a well-thought-out design keeping with the intent of the entire project of Pabst Farms, adding people want to live here and there is no affordability anymore anywhere in Waukesha County. He likes that it is a comprehensive plan for a large piece of property and he would not want an Amazon there or other giant building. The Mayor updated that the Village of Summit is reviewing this also. Rosek asked why unit count went up and Yauck explained the 4-6 unit rentals along the north were replaced by single-family with their own ingress and egress, and it is a combination of the garden style and 3 story. Yauck did not think they could create any more single-family, and with 34 acres of green space, if they took out a building they would be at less than 1 unit per 1,000 sq. ft. of retail. Yauck had design concerns if they just pull a building out. Rosek was in favor of moving it along in the process. Rosek reviewed Village of Summit timing and the final developer’s agreement timing was discussed. Rosek said approval should be contingent on a final developer’s agreement signed by the City and the Developer. Spiegelberg reminded that the ratio is the snapshot of the entire project that could take 5-7 years with the assumption there is no other building in the City. Motion to adopt the ordinance adding the contingency of approval is a signed Development Agreement for this property and waive the second reading made by Ellis and seconded by Mulder. Motion carried 6-0-1. Voted No: Jungwirth. d. Consider/act on Ord 26-O1119 to amend the Comprehensive Plan 2050 to change land use on 106 acres from Business Park to Suburban Residential, High Density Residential & Commercial/Office, located along Pabst Farms Boulevard - 1st Reading Motion to adopt the ordinance adding the contingency of approval is a signed Development Agreement for this property and waive the second reading made by Spiegelberg and seconded by Ellis. Motion carried 6-0-1. Voted No: Jungwirth. e. Consider/act on Ord 26-O1115 to rezone 17 acres from BP to SR; 24 acres from BP to RMH & 64 acs from BP to GC, located along Pabst Farms Blvd, north of I-94, west of CTH P (parcels OCOC 0630.999.016; OCOC 0630.999.024; & OCOC 0630.999.023) - 1st Reading Motion to adopt the ordinance adding the contingency of approval is a signed Developer’s Agreement for this property and waiving the second reading made by Mulder and seconded by Ellis. Motion carried 6-0-1. Voted No: Jungwirth. f. Consider/act on Ord 26-O1116 to create a PD Overlay District (PD-1-26) for the Harvest at Pabst Farms, located along Pabst Farms Blvd, north of I-94, west of CTH P (parcels OCOC 0630.999.016; OCOC 0630.999.024; & OCOC 0630.999.023) -1st Reading 6 5 Common Council - February 17, 2026 Duffy clarified this Ordinance will need the addition of language regarding timing of permits. The City will not issue any additional permits for multi-family until two things happen, infrastructure installed that will accommodate a minimum of 100,000 SF of non-residential building space or the closing of a construction loan for a building or buildings comprising of 100,000 SF. Duffy explained they don’t want all the multi- family to happen at once, so they want to be able to hold back the permits. Yauck explained they understand not wanting the multifamily to get ahead of the commercial and that this was something their lender was looking for. Motion to adopt the ordinance with the language addition to paragraph #23 of the Ordinance under Timing of Permits, adding the contingency of approval for this project is a signed Developer’s Agreement, and waive the second reading made by Spiegelberg and seconded by Ellis. Motion carried 6-0-1. Voted No: Jungwirth. New Business a. Consider/act on Resolution 26-R3339 for the Completion of Plans, Specifications and Bidding Documents for City Green Park Reconstruction Public Works Director Herzog explained this would put the park plan into motion and use the funds dedicated to this space before they expire from TIF 4. Herzog presented a PowerPoint with the footprint, boardwalk, perimeter security, parking, and gateway as previously discussed. Herzog was looking for approval to update the project plans and specs along with the details of the plan with an estimate not-to- exceed $43,000 to work with MSA for a redesign update. Herzog said they would need a final decision in May about what to do with the bathrooms. He indicated there would be some overlap with utilities if they decide to put them in with bidding and construction with a proposed schedule starting early summer with work around timing of events. Schellpeper asked about a railing and the steps accessibility at the lake entrance. He was not in favor of the location for bathrooms by the City Hall or on the Green. There was discussion about the alternative for putting the laterals in and Rosek and Ellis agreed they should get it done without borrowing. Mulder was in support of bathrooms closer to the Green. Spiegelberg explained that the seniors want them closer. Schellpeper would like to see the laterals pulled out and was instead in favor of the City Hall location. [Original Motion] Motion to adopt Resolution 26-R3339 for the completion of plans, specifications and bidding documents for City Green Park reconstruction made by Ellis and seconded by Mulder. [Amended Motion] Amended Motion made by Schellpeper to remove the alternate bid item for the bathroom, seconded by Rosek. [Voting on Amended Motion] failed 3-0-4 Voted No: Spiegelberg, Mulder, Rosek, Ellis. [Voting on Original Motion] Motion carried 7-0-0. Staff Reports No reports Reports and Comments from the Aldermen Reports and Comments from the Mayor The Mayor expressed he was glad to see the City Green moving forward and he congratulated them for working together on reviewing the development. Adjourn Motion to adjourn made by Schellpeper and seconded by Mulder. Motion carried 7-0-0. The meeting adjourned at 9:56 PM. Minutes taken by Gina Kozlik, City Clerk 7 1 MEMORANDUM PUBLIC WORKS Date: March 3, 2026 To: Mayor and Common Council From: Jason Herzog, Director of Public Works Re: Developer’s Agreement for Arrowood Development Phase Five RELATES TO THE STRATEGIC PLAN N/A BACKGROUND Arrowood Development is located in the southwest portion of the City. It is bounded on the south by Oconomowoc Parkway and Valley Road and on the west by Concord Road. Phase 5 will include 36 lots. A Developer’s Agreement is required when public facilities are being constructed by the developer and dedicated to the City. For this project, these facilities include streets, storm, sanitary sewer, watermains and their laterals. The attached agreement is based on the City’s template with requirements to pay for trees and provide future main looping. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT N/A RECOMMENDATION City Staff recommend approval of the Developer’s Agreement. SUGGESTED MOTION Consent agenda item: Move to approve the consent agenda. 8 1 DEVELOPER'S AGREEMENT FOR ARROWOOD SUBDIVISION PHASE V CITY of OCONOMOWOC, WAUKESHA COUNTY, WISCONSIN THIS AGREEMENT made this day of , 2026, between VH Arrowood, LLC, a Wisconsin limited liability company, 6801 South Towne Drive, Madison, WI 53713, hereinafter called "DEVELOPER", and the CITY OF OCONOMOWOC in the County of Waukesha and the State of Wisconsin, hereinafter called the "CITY". WITNESSETH: WHEREAS, the DEVELOPER is the owner of land in the CITY, said land being described on EXHIBIT A attached hereto and incorporated herein, hereinafter called "SUBJECT LANDS"; and WHEREAS, the DEVELOPER desires to divide and develop SUBJECT LANDS for residential purposes by use of the standard regulations as set forth in Chapter 236 of the Wisconsin Statutes and the municipal ordinance regulating land division and development; and WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of approval, the governing body of a municipality within which the SUBJECT LANDS lie may require that the DEVELOPER make and install any public improvements reasonably necessary and/or that the DEVELOPER provide financial security to ensure that the DEVELOPER will make these improvements within a reasonable time; and WHEREAS, said SUBJECT LANDS are presently zoned Suburban Residential, which allows the above-described development; and WHEREAS, the DEVELOPER may be required to grant additional easements over a part of the SUBJECT LANDS for electric, sanitary sewer, storm sewer and water; and WHEREAS, the DEVELOPER and CITY desire to enter into this agreement in order to ensure that the DEVELOPER will make and install all public improvements which are reasonably necessary and further that the DEVELOPER shall dedicate the public improvements to the CITY, provided that said public improvements are constructed to municipal specifications, all applicable government regulations and this agreement without cost to the CITY; and WHEREAS, the DEVELOPER agrees to develop SUBJECT LANDS as herein described in accordance with this agreement, conditions approved by the CITY Plan Commission and CITY Common Council, conditions of certain agencies and individuals in the County, all CITY ordinances and all laws and regulations governing said development; and WHEREAS, the Plan Commission and Common Council of the CITY have given conditional Preliminary Plat approval to the development, as shown on the document marked "Preliminary Plat" on file in the CITY Clerk's office, conditioned in part upon the DEVELOPER 9 2 and the CITY entering into a DEVELOPER's Agreement, as well as other conditions as approved by the CITY Common Council. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the DEVELOPER does hereby agree to develop SUBJECT LANDS as follows and as otherwise regulated by CITY ordinances and all laws and regulations governing said development, the parties hereto agree as follows: DEVELOPER'S COVENANTS SECTION I. IMPROVEMENTS A. PUBLIC STREETS: The DEVELOPER hereby agrees that: 1. Prior to the start of construction of improvements, the DEVELOPER shall provide to the CITY written certification from the DEVELOPER'S Engineer or Surveyor that all public street plans are in conformance with all Federal, State and CITY specifications, regulations and ordinances, and written proof from the CITY Engineer evidencing review and approval of said plans. 2. The DEVELOPER shall grade and install all planned public streets in accordance with the preliminary plat, approved development plan of said development or subdivision, or final plat as the case may be and the plans and specifications on file in the CITY Public Works office. 3. Construction of the public streets providing access to and fronting a specific lot will be completed through the first lift of asphalt before any building permits are issued for said lot. 4. The first lifts of the public streets will be completed no later than 1 year from the date of this agreement, or as extended by the Director of Public Works. 5. The final lift of asphalt shall be placed on all public streets after at least one winter season, but not later than 2 years from the date of this agreement, unless extended by the Director of Public Works. 6. Except as otherwise set forth in Section VIII below, the DEVELOPER shall maintain public streets, including snowplowing, until accepted by the CITY. 7. The DEVELOPER shall comply with the specifications for all public facilities set forth in the City of Oconomowoc Specifications. Record drawings, including digital as-built plans, shall be provided to all appropriate City departments as required by the City of Oconomowoc Specifications on file in the office of the Department of Public Works prior to any building permits being issued. 8. The DEVELOPER shall construct sidewalks and/or public trail on both sides of all internal streets, no later than one (1) year from the date of this Agreement, or as extended by the Director of Public Works. Sidewalks shall be constructed in accordance with the plans, 10 3 specifications and drawings to be submitted to and approved by the City Engineer, the Department of Public Works, and the Common Council before any building permits are issued. 9. Contractors working on the development or on individual lots are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the DEVELOPER shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until such time as the final lift of asphalt has been installed by the DEVELOPER and accepted by the CITY. The CITY shall make a reasonable effort to require the contractor, who is responsible for placing the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The DEVELOPER and/or subject property owner shall clean up the streets within twenty-four (24) hours after receiving a notice from the CITY. If said mud, dirt, stone or debris are not cleaned up after notification, the CITY will do so at the DEVELOPER's and/or subject property owner's expense, at the option of the CITY. B. SANITARY SEWER: The DEVELOPER hereby agrees: 1. Prior to the start of construction of improvements, DEVELOPER shall provide to the CITY written certification from the DEVELOPER's Engineer that the sanitary sewer plans are in conformance with all Federal, State and CITY specifications, regulations, ordinances and guidelines and written proof that the CITY Utility Engineer has approved said plans. 2. To construct, furnish, install and provide a complete sewerage system for the SUBJECT LANDS, all in accordance with the plans, specifications and drawings on file in the CITY Public Works office and all applicable Federal, State and CITY ordinances, specifications, regulations and guidelines for the construction of sewerage systems in the CITY and as approved by the CITY Utility Engineer. 3. Be responsible for the associated cost for the CITY to clean and televise all sanitary sewers in the SUBJECT LANDS prior to acceptance of the improvements and issuance of building permits by the CITY. DEVELOPER shall repair any defects as determined by the CITY Engineer. This includes the entirety of the existing sanitary sewers located within the current phase of development, even existing sanitary sewers. 4. The DEVELOPER shall comply with the specifications for all public facilities set forth in the City of Oconomowoc Specifications. Record drawings, including digital record drawing plans, shall be provided to all appropriate City departments as required by the City of Oconomowoc Specifications on file in the office of the Department of Public Works prior to any building permits being issued. 5. That no building permits shall be issued until the sanitary sewer system for the SUBJECT LANDS has been dedicated to the CITY and substantial completion has occurred. 11 4 C. WATER: The DEVELOPER hereby agrees: 1. Prior to the start of construction of improvements, DEVELOPER shall provide to the CITY written certification from the DEVELOPER's Engineer that the water system plans are in conformance with all Federal, State and CITY specifications, regulations, ordinances and guidelines and written proof that the CITY Utility Engineer has approved said plans. 2. To construct, furnish, install and provide a complete water system for the SUBJECT LANDS, all in accordance with the plans, specifications and drawings on file in the CITY Public Works office and all applicable Federal, State and CITY ordinances and specifications, regulations and guidelines for the construction of water systems in the CITY and as approved by the CITY Utility Engineer. No water lateral service valve shall be located within a driveway or sidewalk. Water valve boxes will not be accepted until the final lift of pavement has been approved by the CITY. 3. The DEVELOPER shall comply with the specifications for all public facilities set forth in the City of Oconomowoc Specifications. Record drawings, including digital record drawings plans, shall be provided to all appropriate City departments as required by the City of Oconomowoc Specifications on file in the office of the Department of Public Works prior to any building permits being issued. 4. That no building permits shall be issued until the water system for the SUBJECT LANDS has been dedicated to the CITY and substantial completion has occurred. 5. All watermains in a development must be constructed so there are no radial sections or deadends unless approved by the Water Utility. 6. Any development that, due to proposed phasing, creates a situation where watermain looping and ties are not able to be completed until future phases are constructed must provide easements and financial assurance necessary to for the City to complete the work should the DEVELOPER be unable to. 7. It is anticipated that DEVELOPER will be developing the SUBJECT LANDS in phases, and therefore has requested that the necessary watermain looping and ties depicted on Exhibit Dbe constructed as work progresses. Accordingly, DEVELOPER shall complete the Watermain Loop #1 and tie no later than December 31, 2026 and Watermain Loop #2 no later than thirty six (36) months of the date of this agreement being signed and shall provide the Financial Guarantees set forth in Section X herein in relation to these improvements. D. SURFACE AND STORMWATER DRAINAGE: The DEVELOPER hereby agrees that: 1. Prior to the start of construction of improvements, the DEVELOPER shall provide to the CITY written certification from the DEVELOPER'S Engineer or Surveyor that all surface and stormwater drainage facilities and erosion control plans are in conformance with all Federal, State and CITY regulations, guidelines, specifications, laws and ordinances, and written proof that the CITY Engineer has reviewed and approved said plans. 12 5 2. Provide CITY with the recorded Stormwater Maintenance Agreement and erosion control permit has been issued. 3. The DEVELOPER shall construct, install, furnish and provide adequate facilities for surface and stormwater drainage throughout the development with adequate capacity to transmit the anticipated flow from the development and adjacent property, in accordance with all plans and specifications on file in the CITY Public Works office, and all applicable federal, state, county and CITY regulations, guidelines, specifications, laws and ordinances, and as reviewed and approved by the CITY Engineer including where necessary as determined by the CITY Engineer, curb, gutter, storm sewers, catch basins and infiltration/retention/detention basins. 4. The DEVELOPER agrees that the site grading and construction of surface and stormwater drainage facilities shall be completed and accepted by the CITY before any building permits are issued. 5. To maintain roads free from mud and dirt from construction of the development. 6. The CITY will not accept the surface and stormwater drainage system until the entire system is installed and landscaped in accordance with plans and specifications to the satisfaction of the CITY Engineer. 7. The DEVELOPER shall clean all storm sewers, if any, prior to issuance of building permits and acceptance of improvements by the CITY. 8. The CITY retains the right to require DEVELOPER to install additional surface and stormwater drainage measures if it is reasonably determined by the CITY Engineer that the original surface and stormwater drainage plan as designed and/or constructed does not provide reasonable stormwater drainage within the development and surrounding area. 9. The DEVELOPER shall comply with the specifications for all public facilities set forth in the City of Oconomowoc Specifications. Record drawings, including digital as-built plans, shall be provided to all appropriate City departments as required by the City of Oconomowoc Specifications on file in the office of the Department of Public Works prior to any building permits being issued. 10. Before storm water facilities are turned over to the Homeowner’s Association, an inspection shall be performed with City & Design Engineer for compliance verification. This shall include, but not limited to, infiltration testing and evaluation of sufficient bio- retention growth. E. GRADING, EROSION AND SILT CONTROL: The DEVELOPER hereby agrees that: 1. Prior to commencing site grading and excavation, the DEVELOPER shall provide to the CITY written certification from the DEVELOPER'S Engineer or Surveyor that said plan, once implemented, shall meet all federal, state, county and local regulations, guidelines, specifications, laws and ordinances, including proof of notification of land disturbances to 13 6 the State of Wisconsin Department of Natural Resources, if applicable, and written proof that the CITY Engineer, and the Army Corps of Engineers, if applicable, have approved said plans. 2. The DEVELOPER shall cause all grading, excavation, open cuts, side slopes and other land surface disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with the plans and specifications reviewed and approved by the State of Wisconsin Department of Natural Resources, if applicable, and written proof that the CITY Engineer, and the Army Corps of Engineers, if applicable, have approved said plans. 3. All disturbed areas shall be restored to the reasonable satisfaction of the CITY Public Works within seven (7) days of disturbance. The amount of any cash, bond or letter of credit equivalent to the estimated cost of any required erosion measures posted with the CITY will not be released until the CITY Public Works is satisfied that no further erosion measures are required. 4. The DEVELOPER shall comply with the specifications for all public facilities set forth in the City of Oconomowoc Specifications. Record drawings, including digital as-built plans, shall be provided to all appropriate City departments as required by the City of Oconomowoc Specifications on file in the office of the Department of Public Works prior to any building permits being issued. F. LANDSCAPING AND SITE WORK: The DEVELOPER hereby agrees that: 1. The DEVELOPER shall preserve to the maximum extent possible existing trees, shrubbery, vines, and grasses not actually lying on the public streets, drainage ways, building foundation sites, driveways, soil absorption waste disposal areas, paths and trails by use of sound conservation practices. 2. The DEVELOPER, as required by the CITY, shall remove and lawfully dispose of buildings, destroyed trees, brush, tree trunks, shrubs and other natural growth and all rubbish. 3. Landscaping and removal of unwanted items, including buildings, will be completed and certified as complete by the CITY Engineer prior to the issuance of any building permits. 4. The DEVELOPER shall delineate all wetlands by a certified wetland scientist that are on or adjacent to private lots by means of cedar posts, as approved by the CITY Staff prior to the issuance of building permits. 5. The CITY has the right to trim and remove any features which would interfere with safe operation and maintenance of the CITY right-of-ways and drainage ways. G. STREET SIGNS AND TRAFFIC CONTROL SIGNS: The DEVELOPER hereby agrees that: 1. Street signs, traffic control signs, posts and guard rails as required by the CITY shall be obtained and placed by the CITY and the cost thereof shall be paid by the DEVELOPER. 14 7 There have been 11 signs installed per date and an additional 2 proposed for phase 5. The cost of each street sign pole installation shall be $200; thus DEVELOPER shall pay the CITY the sum of $2,600. Payment shall be made before execution of the final plat. 2. All traffic control signs and street signs, as required by the CITY will be installed within ten (10) working days of the placement of the first lift of asphalt. H. ADDITIONAL IMPROVEMENTS: The DEVELOPER hereby agrees that if, at any time after plan approval and during construction, the CITY Staff reasonably determines that modifications to the plans including additional public improvements such as additional drainage ways, erosion control measures, and surface and stormwater management measures are necessary in the interest of public safety, are necessary in order to comply with current laws or are necessary for implementation of the original intent of the improvement plans, the CITY is authorized to order DEVELOPER, at DEVELOPER'S expense, to implement the same. If DEVELOPER fails to construct the additional improvement within a reasonable time under the circumstances, the CITY may cause such work to be carried out and shall charge against the financial guarantee held by the CITY pursuant to this agreement. SECTION II. TIME OF COMPLETION OF PUBLIC IMPROVEMENTS: The public improvements, site grading and surface and stormwater improvements (“improvements”) set forth in Section I above shall be completed by the DEVELOPER in total within twelve (12) months of the date of this agreement being signed except as otherwise provided for in this agreement. SECTION III. FINAL ACCEPTANCE. Throughout this agreement, various stages of the development will require approval by the CITY. “Final Acceptance” as used herein, however, shall be the ultimate acceptance of all of the improvements in the completed development as a whole, and shall be granted specifically by a letter from the City Engineer. During the guarantee period, the CITY will hold 10% of the letter of credit or bond for the final lift of asphalt cost. The guarantee period provided for the final lift shall not commence to run until Final Acceptance. The issuance of building permits and approval of various items of development shall not commence the guarantee period. SECTION IV. DEDICATION OF PUBLIC IMPROVEMENTS: Subject to all of the other provisions of this agreement, the DEVELOPER shall, without charge to the CITY, upon completion of the above described public improvements, unconditionally give, grant, convey and fully dedicate the public improvements to the CITY, its successors and assigns, forever, free and clear of all encumbrances whatever, together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes, lines, plant machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such public improvements and together with any and all necessary easements for access thereto. After such dedication, the CITY shall have the right to connect or integrate 15 8 other public improvements as the CITY decides, with no payment or award to, or consent required of, the DEVELOPER. Dedication shall not constitute acceptance of any improvement by the CITY. All public improvements will be accepted by the CITY at such time as such improvements are in acceptable form and according to the CITY specifications. DEVELOPER will furnish proof reasonably acceptable to the CITY, prior to the dedication required, that the public land and improvements proposed for dedication are free of all liens, claims and encumbrances, including mortgages. SECTION V. ACCEPTANCE OF WORK AND DEDICATION: When the DEVELOPER shall have completed the public improvements herein required and shall have dedicated the same to the CITY as set forth herein, the same shall be accepted by the CITY if said improvements have been completed as required by this agreement and as required by all federal, state, county or CITY guidelines, specifications, regulations, laws and ordinances and approved by the CITY Engineer. SECTION VI. APPROVAL BY CITY NOT TO BE DEEMED A WAIVER. The ultimate responsibility for the proper design and installation of streets, water facilities, drainage facilities, ditches, landscaping and all other improvements are upon the DEVELOPER. The fact that the CITY or its engineer, or its attorney, or its staff may approve a specific project shall not constitute a waiver, or relieve the DEVELOPER from the ultimate responsibility for the design, performance and function of the development and related infrastructure. SECTION VII. GUARANTEES OF IMPROVEMENTS: A. Guarantee. The DEVELOPER shall guarantee after Substantial Completion, the public improvements and all other improvements described in Section I hereof, against defects due to faulty materials or workmanship, provided that such defects appear within a period of one year from the date of Substantial Completion as part of the letter of credit or bond described in Section X. Ten percent (10%) of the total cost of all public improvements will be held from the letter of credit or bond as the financial assurance for this. Substantial Completion shall be as defined in Wisconsin Statutes 236.13(2)(am)2. The DEVELOPER shall pay for any damages to CITY property and/or improvements resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the CITY might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situations. If the DEVELOPER fails to pay for any damages or defects to CITY property and/or improvements covered by this guarantee, and the CITY is required to draw against the cash, letter of credit or bond on file with the CITY, the DEVELOPER is required to replenish said monies up to the aggregate amount of ten percent (10%) of the total cost of all public improvements. B. Obligation to Repair. The DEVELOPER shall make or cause to be made, at its own expense, any and all repairs which may become necessary under and by virtue of the DEVELOPER'S guarantee and shall leave the public improvements in good and sound condition, satisfactory to the CITY at the expiration of the guarantee period. 16 9 C. Notice of Repair. If during said guarantee period, the public improvements shall, in the reasonable opinion of the CITY Staff, require any repair or replacement which, in their reasonable judgment, is necessitated by reason of settlement of foundation, structure of backfill, or other defective materials or workmanship, the DEVELOPER shall, upon notification by the CITY the necessity for such repair or replacement, make such repair or replacement, at its own cost and expense. Should the DEVELOPER fail to make such repair or replacement within a reasonable time under the circumstances then existing, after notice has been sent as provided herein, the CITY may cause such work to be done, but has no obligation to do so, either by contract or otherwise, and the CITY may draw upon such guarantee security to pay any costs or expenses incurred in connection with such repairs or replacements. Should the costs or expenses incurred by the CITY in repairing or replacing any portion of the improvements covered by this guarantee exceed the amount of the guarantee security, then the DEVELOPER shall promptly pay any excess cost or expense incurred in the correction process. D. Maintenance Prior to Acceptance. 1. All public improvements shall be maintained by the DEVELOPER so they conform to the approved plans and specifications at the time of their Final Acceptance by the CITY. This maintenance shall include routine maintenance, asphalt repairs, concrete repairs and the like. In cases where emergency maintenance is required, the CITY retains the right to complete the required emergency maintenance in a timely fashion and bill the DEVELOPER for all such associated costs. Said bill shall be paid promptly by the DEVELOPER. The DEVELOPER'S obligation to maintain all improvements shall expire at the expiration of the guarantee period. 2. Street sweeping and dust suppression shall be done by the DEVELOPER upon a regular basis as needed to ensure a reasonably clean and safe roadway until Final Acceptance by the CITY. Should the DEVELOPER fail to meet this requirement, the CITY will cause the work to be done and will bill the DEVELOPER on a time and material basis. Said bill shall be paid promptly by the DEVELOPER. 3. In the event drainage problems arise within the SUBJECT LANDS or related activities on the SUBJECT LANDS, the DEVELOPER shall correct such problems to the reasonable satisfaction of the CITY Staff. Such correction measures shall include, without limitation because of enumeration, cleaning of soil, loose aggregate and construction debris from culverts, pipes, drainage ditches and streets; dredging and reshaping of siltation or retention ponds; replacing of siltation fences; sodding and seeding; construction of diversion ditches, ponds and siltation traps; and restoration of all disturbed areas. This responsibility shall continue until such time as the roads, ditches, and other disturbed areas have become adequately vegetated and the CITY is satisfied that the DEVELOPER has restored all areas which were disturbed because of this development. 17 10 SECTION VIII. CITY RESPONSIBILITY FOR IMPROVEMENTS: The CITY shall not be responsible to perform repair, maintenance, or snow plowing on any improvements until accepted by the CITY. However, with regard to snowplowing, CITY will provide snowplowing services on any public streets after the binder course has been accepted. SECTION IX. RISK OF PROCEEDING WITH IMPROVEMENTS PRIOR TO APPROVALS OF FINAL PLAT: If a DEVELOPER proceeds with the installation of public improvements or other work on the site prior to approval of the final plat, it proceeds at its own risk as to whether or not the final plat will receive all necessary approvals. The DEVELOPER, prior to commencement of the installation of public improvements or other work on site, shall notify the CITY of the DEVELOPER'S intention to proceed with the installation of public improvements or other work on site, prior to approval of the final plat. Additionally, DEVELOPER shall make arrangements to have any public improvements and/or other work on site inspected by the CITY. Notwithstanding anything to the contrary set forth in this agreement, once the binder course is installed by DEVELOPER, one (1) building permit may be issued by the CITY to DEVELOPER for one (1) principal structure prior to the final plat being recorded or public improvements accepted by the CITY. Any site work taking place pursuant to this building permit is at the DEVELOPER’S sole risk as to whether or not the final plat will receive all necessary approvals. DEVELOPER is responsible to provide access for the installation of buried utilities in the 10-foot easement. DEVELOPER agrees to indemnify and hold the CITY harmless for any costs or damages incurred if an occupancy permit is not issued due to a failure to satisfy the conditions referenced above and any other applicable conditions, laws, rules, or regulations. DEVELOPER specifically acknowledges that no occupancy permits for the one (1) principal structure shall be issued prior to satisfaction of the conditions stated above and any other applicable conditions, laws, rules, or regulations. The DEVELOPER acknowledges and agrees that title to any lot in the SUBJECT LANDS may not be conveyed to any third party unless and until the final plat of the SUBJECT LANDS is signed and recorded. SECTION X. FINANCIAL GUARANTEE: Prior to the execution of this agreement by the CITY, the DEVELOPER shall file with the CITY cash, letter of credit, or bond setting forth terms and conditions in a form approved by the CITY Attorney in the amount of 110% of the cost for the public improvements and stormwater management as approved by the CITY Engineer as a guarantee that the DEVELOPER will perform all terms of this agreement no later than one year from the signing of this agreement except as otherwise set forth in this agreement. If at any time: A. The DEVELOPER is in default of any aspect of this agreement beyond any applicable notice and cure period, without cure, or B. The DEVELOPER does not complete the installation of the public improvements within one (1) year from the signing of this agreement unless otherwise extended by this agreement or by action of the CITY COMMON COUNCIL, or 18 11 C. The letter of credit or bond on file with the CITY is dated to expire sixty (60) days prior to the expiration of the same with an automatic renewal unless notice is given of expiration or replaced, or D. The DEVELOPER fails to maintain a cash deposit, letter of credit or bond in an amount approved by CITY Engineer, and in a form approved by the CITY Attorney, to pay the costs of public improvements in the development, the DEVELOPER shall be deemed in violation of this agreement and the CITY shall have the authority to draw upon the cash deposit, letter of credit or bond for the actual costs incurred by the CITY by reason of such default. The amount of the cash deposit, letter of credit or bond shall be reduced from time to time as and to the extent that the portion of work required under this Agreement is completed, paid for and accepted by the CITY, provided that the remaining letter of credit is sufficient to secure payment for any remaining public improvements and also provided that no reduction shall occur until it is approved in writing by the CITY Director of Finance, which approval shall not be unreasonably withheld, conditioned or delayed. The CITY is hereby authorized to contact directly the Developer’s or contractor’s financial agent from time to time regarding the sufficiency of the financial guarantee. The lending institution providing the irrevocable letter of credit or bond shall pay to the CITY all sums available for payment under the irrevocable letter of credit or bond upon demand, subject to the terms and conditions of (i) the irrevocable letter of credit or bond, and (ii) this agreement, and upon its failure to do so, in whole or in part, the CITY shall be empowered in addition to its other remedies, without notice or hearing, to impose a special charge for the amount of said completion costs, upon each and every lot in the development payable with the next succeeding tax roll. SECTION XI. BUILDING AND OCCUPANCY PERMITS: Except as otherwise provided in this agreement, it is expressly understood and agreed that no building or occupancy permits shall be issued for any homes, including model homes, until the CITY has determined that: A. The installation of the first lift of asphalt of the public street(s) providing access to and fronting a specific lot for which a building permit is requested has been completed and accepted by the CITY. Upon such substantial completion, any outstanding local building permits that are related to, and dependent upon, substantial completion shall be released. B. The site grading and construction of surface and stormwater drainage facilities required to serve such homes are completed, are connected with an operating system as required herein and are cleaned as needed. C. All landscaping and removal of unwanted items, including buildings, has been certified as complete by the CITY. D. All required grading plans have been submitted to and reviewed by the CITY. 19 12 E. The DEVELOPER has paid in full all fees, assessments and reimbursement of administrative costs as required by this agreement. F. The DEVELOPER has prepared appropriate deed restrictions described in Section XV(E) below, which are approved by the CITY Attorney, filed with the CITY Clerk and recorded with the Register of Deeds. G. All destroyed trees, brush, tree trunks, shrubs and other natural growth and all rubbish are removed from the development and disposed of lawfully. H. All required record drawings plans for the SUBJECT LANDS have been submitted. I. All public and private utilities have been installed in the SUBJECT LANDS, including street lighting fixtures, stormwater, sanitary sewer, water and electrical. J. The DEVELOPER is not in default of any aspect of this agreement beyond any applicable notice and cure period, without cure. K. There is no default of any aspect of this agreement as reasonably determined by the CITY. L. The DEVELOPER has delineated the wetlands that are on or adjacent to private lots by means of cedar posts, as approved by the CITY Staff prior to the issuance of building permits. SECTION XII. RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The CITY reserves the right to withhold issuance of any and all building permits if DEVELOPER is in violation of this agreement beyond any applicable notice and cure period, without cure. SECTION XIII. VACANT LOT MAINTENANCE EASEMENT. Developer shall grant a vacant lot maintenance easement to the CITY, in a form that is subject to the approval of the CITY Attorney, which shall be recorded with the Waukesha County Register of Deeds. The easement shall grant the CITY the right (but not the obligation) to enter upon any vacant Lot in the SUBJECT LANDS in order to inspect, repair, or restore the property so that it is in compliance with all applicable provisions of the CITY Municipal Code. A vacant lot shall include any lot that does not have an occupied principal structure that is used for single-family purposes at the time of inspection, repair or restoration. All costs incurred by the CITY in exercising its right to inspect, repair or restore the Lot shall be borne by the owner of the Lot necessitating such inspection, repair or restoration and if not paid for by such Lot owner may be placed against the tax roll for the Lot and collected as a special charge by the CITY. SECTION XIV. VACANT LOT MAINTENANCE. Developer shall guarantee that all vacant lots under its ownership in the SUBJECT LANDS shall, at all times, be properly maintained to the minimum standards described in the CITY Municipal Code. 20 13 SECTION XV. MISCELLANEOUS REQUIREMENTS: The DEVELOPER shall: A. EASEMENTS: Provide any easements including vision and typical Utility easements on SUBJECT LANDS deemed reasonably necessary by the CITY Staff before the final plat is signed or on the final plat and such easements shall be along lot lines if at all possible. B. TREE PLANTING: CITY requires street trees to be planted in the terrace area of the street right-of-way. A plan identifying the tree species and locations is required per Chapter 18, which is the Platting and Subdivision Ordinance. The City standards require that 3 street trees be planted per 100 linear feet of roadway centerline to be planted by the CITY Forestry Department at the appropriate time, with the costs of the trees paid in advance by DEVELOPER. DEVELOPER’s plat shows 1890 linear feet of street resulting in the need for 57 trees. The cost of each tree shall be $600; thus DEVELOPER shall pay the CITY the sum of $34,200. Payment shall be made before the CITY will sign the final plat. C. MANNER OF PERFORMANCE: Cause all construction called for by this agreement to be carried out and performed in a good and workerlike manner. D. SURVEY MONUMENTS: Properly place and install any lot, block or other monuments required by State Statute, CITY Ordinance or the CITY Engineer. E. DEED RESTRICTIONS: Execute and record deed restrictions in a form that is subject to the approval of the CITY Attorney, and provide proof of recording prior to sale of lots for the SUBJECT LANDS. The Deed Restrictions shall contain language to require the lot owners and/or homeowner’s association within the subdivision to maintain all stormwater management facilities in accordance with the recorded stormwater maintenance agreement. The deed restrictions shall also contain the following language: "Each lot owner must strictly adhere to and finish grade its lot in accordance with the Grading Plan or any amendment thereto approved by the CITY Engineer on file in the office of the CITY Clerk. The DEVELOPER and/or the CITY and/or their agents, employees or independent contractors shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance, correction of any drainage condition, and the property owner is responsible for cost of the same." 21 14 F. GRADES: Prior to the issuance of a building permit for a specific lot, the DEVELOPER and/or lot owner and/or their agent shall furnish to the Building Inspector of the CITY a copy of the stake out survey showing the street grade in front of the lot, the finished yard grade, the grade of all four corners of the lot, and the lot corner grades of the buildings on adjoining lots where applicable, as existing and as proposed. G. UNDERGROUND UTILITIES: 1. CITY Electric Utility. The DEVELOPER shall be responsible for the installation cost of electrical infrastructure to make proper and adequate service available to each unit in the SUBJECT LANDS. The electrical system, except for necessary appurtenances, shall be underground. The electric system shall be designed by CITY Electric Utility staff or their representative. The DEVELOPER shall pay for all costs of design, installation, engineering and relocation of all electrical infrastructure required for the SUBJECT LANDS. Pursuant to Wisconsin Public Service Commission rules, payment for the costs of the electric infrastructure shall be made prior to the Electric Utility commencing work on the project. The prepayment shall be based upon a project estimate prepared by the Electric Utility. Upon completion of the project, a final determination shall be made with regard to the accuracy of the prepayment. A refund will be made in the event of overpayment; and in the event the project estimate was less than the actual costs, the DEVELOPER will be billed for the difference. The CITY Electric Utility must approve scheduling for the installation of the electric facilities for the project. Coordination between the Electric Utility and all other utilities shall be the responsibility of the DEVELOPER. The DEVELOPER shall comply with all rules and regulations of the CITY Electric Utility. The timing and schedule of the electrical work for the Project shall be agreed upon by the DEVELOPER and CITY Electric Utility and shall take in consideration the overall construction schedule for the project. CITY Electric facilities cannot be installed until DEVELOPER provides notification that all lot corners and easements are staked and the grade is plus or minus 4 inches of the final grade. If the grade changes more than 4 inches after CITY Electric facilities have been installed, these facilities will be relocated at the expense of the DEVELOPER. 2. Street Lamps. The CITY Electric Utility shall design the street lighting system and install all public street lamps planned for the SUBJECT LANDS. DELVELOPER will pay for the cost of facilities and installation. Requirements for street lamps shall be established by the CITY Electric Utility pursuant to §18.05(5m) of the Municipal Code. 3. Other Utilities. DEVELOPER shall be responsible for and cause telephone, cable, natural gas and any other utility facilities required by CITY or DEVELOPER to be installed in such manner as to make proper and adequate service available to the SUBJECT LANDS. None of such services shall be located on overhead poles. Plans indicating the proposed 22 15 location of all such utilities to service the SUBJECT LANDS shall be approved by the CITY Electric Utility staff. H. PERMITS: Provide and submit to the CITY valid copies of any and all governmental agency permits. I. REMOVAL OF TOPSOIL: The DEVELOPER agrees that no topsoil shall be removed from the SUBJECT LANDS without approval from the CITY Director of Public Works. J. PARK AND PUBLIC SITE DEDICATION FEES: To pay as provided in the CITY Ordinances, a fee per lot developed in lieu of dedication of lands for park and public sites. K. APPLICABLE FEES: Currently per CITY Ordinances each lot will be responsible at time of issuance of a building permit to pay impact and other fees. DEVELOPER agrees to notify all prospective purchasers of lots within the subdivision of the fees applicable at the time a building permit is applied for and that the fees may increase annually hereafter. The fees in place at the time of this agreement are shown on Exhibit B. L. DIGGERS HOTLINE: Developer or its contractor(s) shall become a member of Diggers Hotline and provide evidence of such membership to the CITY Clerk before commencement of any land disturbing activities on the Subject Lands. Developer shall maintain said membership until all subsurface Improvements required under Section I have been finally accepted by the CITY as provided in Section III. Until the record drawings have been filed with the CITY Engineer, the CITY shall not be responsible for responding to requests for utility and other underground locates (Digger’s Hotline). All requests for utility and other underground locates shall be referred to the DEVELOPER. This does not apply to electric utility underground locates which shall be done by the CITY Electric Utility. M. INTENTIONALLY OMITTED. N. NOISE: Make every effort to minimize noise, dust and similar disturbances, recognizing that the SUBJECT LANDS are located near existing residences. Construction of improvements shall not begin before 7:00 a.m. during weekdays and Saturdays, and 9:00 a.m. on Sundays. Construction of improvements shall not continue beyond 7:00 p.m. during weekdays and Saturdays, and 5:00 p.m. on Sundays. 23 16 O. DEBRIS: Have ultimate responsibility for cleaning up debris that has blown from buildings under construction within the SUBJECT LANDS until such time as all public improvements have been installed and accepted by the CITY. The CITY shall make a reasonable effort to require the contractor, who is responsible for the debris, to clean up the same or to hold the subject property owner who hired the contractor responsible. The DEVELOPER and/or subject property owner shall clean up the debris within forty-eight (48) hours after receiving a notice from the CITY. If said debris is not cleaned up after notification, the CITY will do so at the DEVELOPER'S and/or subject property owner's expense. P. DUTY TO CLEAN ROADWAYS: The DEVELOPER shall be responsible for cleaning up the mud and dirt on the roadways until such time as the final lift of asphalt has been installed. The DEVELOPER shall clean the roadways within forty-eight (48) hours after receiving a notice from the CITY. If said mud, dirt and stone is not cleaned up after notification, the CITY will do so at the DEVELOPER's expense. The CITY will do its best to enforce existing ordinances that require builders to clean up their mud from construction. Q. PUBLIC CONSTRUCTION PROJECTS: If any aspect of the development involves a public construction project subject to the State law, all requirements of the State Public Construction Bidding Law must be satisfied, including but not limited to, providing a performance bond. R. ZONING CODE: The DEVELOPER acknowledges that the lands to be developed are subject to the CITY Zoning Code. S. SIDEWALK AGREEMENT The DEVELOPER will provide language in the HOA / Deed Restrictions that the sidewalk along Concord Road and along any out lots will be maintained and owned by the HOA. SECTION XVI. PAYMENT OF COSTS, INSPECTION & ADMINISTRATIVE FEES: The DEVELOPER shall pay and reimburse the CITY promptly upon billing for all fees, expenses, costs and disbursements which shall be incurred by the CITY in connection with this development or relative to the construction, installation, dedication and acceptance of the development improvements covered by this agreement, including without limitation by reason of enumeration, design, engineering, review, supervision, inspection and legal, administrative and fiscal work. CITY employee costs shall be based on an annual rate determination by the CITY. Any costs for outside consultants shall be charged at the rate the consultant charges the CITY. Any such charge not paid by DEVELOPER within thirty (30) days of being invoiced may be charged against the financial guarantee held by the CITY pursuant to this agreement, or assessed against the development land as a special charge pursuant to §66.0627, Wis. Stats. 24 17 SECTION XVII. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by reference, the DEVELOPER shall indemnify and save harmless and agrees to accept tender of defense and to defend and pay any and all legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the CITY, its officers, agents, employees and independent contractors growing out of this agreement by any party or parties unless such claim is the result of negligent or willful misconduct by the CITY, or its officers, agents, or employees. The DEVELOPER shall also name as additional insureds on its general liability insurance the CITY, its officers, agents, employees and any independent contractors hired by the CITY to perform services as to this development and give the CITY evidence of the same upon request by the CITY. SECTION XVIII. OVERSIZING: A. DEVELOPER shall assume the cost of installing all mains, laterals to the lot lines and system appurtenances within the proposed SUBJECT LANDS except for the added cost of materials for installing sanitary and water mains larger than 8 inches in diameter in residential development areas. DEVELOPER shall bear the expense of oversizing, the cost thereof to be borne by the owner or developer of other areas, the development of which made such oversizing necessary. CITY shall act as collecting agent and arbitrator, charging the subsequent developer and reimbursing the developer paying the expense of oversizing at such time as the subsequent development occurs. Any oversizing required for capacity to serve the SUBJECT LANDS or for fire flows is the responsibility of the DEVELOPER. B. The CITY agrees to allow the DEVELOPER to connect to the CITY's municipal water system and sewerage system at such time as the water system and sanitary sewer system required herein has been dedicated to and accepted by the CITY. SECTION XIX. INSURANCE: The DEVELOPER, its contractors, suppliers and any other individual working on the SUBJECT LANDS in the performance of this agreement shall maintain at all times until the expiration of the guarantee period, insurance coverage in the forms and in the amounts as reasonably required by the CITY. SECTION XX. EXCULPATION OF CITY CORPORATE AUTHORITIES: The parties mutually agree that the CITY Mayor of the CITY Common Council, and/or the CITY Clerk, entered into and are signatory to this agreement solely in their official capacity and not individually, and shall have no personal liability or responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived. SECTION XXI. GENERAL CONDITIONS AND REGULATIONS: All provisions of the CITY Ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this agreement as fully as if set forth at length herein. This agreement and all work and improvements required hereunder shall be 25 18 performed and carried out in strict accordance with and subject to the provisions of said Ordinances. SECTION XXII. ZONING: The CITY does not guarantee or warrant that the SUBJECT LANDS will not at some later date be rezoned, nor does the CITY herewith agree to rezone the lands into a different zoning district. It is further understood that any rezoning that may take place shall not void this agreement. SECTION XXIII. COMPLIANCE WITH CODES AND STATUTES: The DEVELOPER shall comply with all current and future applicable codes of the CITY, State and Federal government and, further, DEVELOPER shall follow all current and future lawful orders of any and all duly authorized employees and/or representatives of the CITY, County, State or federal government. SECTION XXIV. PRELIMINARY PLAT AND FINAL PLAT CONDITIONS: The DEVELOPER acknowledges that the SUBJECT LANDS are subject to a conditional preliminary plat approval and a conditional final plat approval by the CITY. The DEVELOPER further agrees that it is bound by these conditions. A copy of the conditional preliminary plat approval for the SUBJECT LANDS is attached hereto and incorporated herein as EXHIBIT C. If there is a conflict between the conditions as forth in said conditional approvals and the Developer's Agreement, the more restrictive shall apply. SECTION XXV. AGREEMENT FOR BENEFIT OF PURCHASERS: The DEVELOPER agrees that in addition to the CITY'S rights herein, the provisions of this agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the SUBJECT LANDS. SECTION XXVI. ASSIGNMENT: The DEVELOPER shall not assign this agreement without the written consent of the CITY, which consent shall not be unreasonably withheld, conditioned or delayed. The assignee must agree to all terms and conditions of this document in writing. SECTION XXVII. PARTIES BOUND: The DEVELOPER or its assignees shall be bound by the terms of this agreement or any part herein as it applies to any phase of the development. SECTION XXVIII. HEIRS & ASSIGNS: This agreement is binding upon the DEVELOPER, owners, their successors and assigns, and any and all future owners of the SUBJECT LANDS. 26 19 SECTION XXIX. AMENDMENTS: The CITY and the DEVELOPER, by mutual consent, may amend this Developer's Agreement at any meeting of the CITY Common Council. The CITY shall not, however, consent to an amendment until after first having received a recommendation from the CITY Plan Commission. SECTION XXX. NOTICE: A. DEVELOPER shall be in default of this agreement should DEVELOPER fail to perform any term, covenant or condition contained herein, and fails to cure the same on or before expiration of the notice period specified herein. Upon default, the CITY shall provide written notice of such default to DEVELOPER. DEVELOPER, except in the case of an emergency, shall have thirty (30) days after receipt of such written notice to cure the default specified in the CITY’s written notice. In the event of an emergency, the cure period shall be as reasonably established by the CITY. In the event the default requires more than the payment of money to cure, and is of a type and character that requires in excess of thirty (30) days to cure, DEVELOPER shall be deemed to have cured the default if DEVELOPER, within the thirty (30) day cure period, commences such action as is reasonably necessary to cure the default within a reasonable period of time, and prosecutes such action to completion with reasonable due diligence and speed under the circumstances then existing. B. Any notices required or permitted hereunder shall be in writing, and shall be addressed to the party at the address specified below. Notices shall be effective when (a) hand delivered; or (b) three (3) business days after being mailed via USPS, postage prepaid, certified, return receipt requested. The addresses for notices to the parties are as follows: IF TO THE CITY: City of Oconomowoc Attn: Mark Frye, Administrator 174 E. Wisconsin Avenue Oconomowoc, WI 53066 IF TO THE DEVELOPER: VH Arrowood, LLC Attn: Chris Ehlers 6801 South Towne Drive Madison, WI 53713 SECTION XXXI. FORCE MAJEURE: Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any obligation under this agreement when and to the extent such failure is caused by any of the following events (each a “Force Majeure Event”): (i) acts of God; (ii) floods, fires, earthquakes, explosions or other natural disasters; (iii) wars, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest; (iv) governmental authority, proclamations, orders, laws, actions, or requests; (v) embargoes or blockades; (vi) epidemics, pandemics, or other national or regional states of emergency; (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; (viii) shortages of supplies, 27 20 adequate power, or transportation facilities; or (vix) other similar events beyond the reasonable control of the parties. Either party (the “Noticing Party”) shall give the other party notice within ten (10) days of the commencement of the Force Majeure Event, explaining the nature or cause of the delay and stating the period of time the delay is expected to continue. The occurrence of a Force Majeure Event shall not excuse the performance by a party unless that party promptly notifies the other party of the Force Majeure Event and promptly takes all reasonable steps to circumvent or mitigate the underlying cause. The Noticing Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. IN WITNESS WHEREOF, the DEVELOPER and the CITY have caused this agreement to be signed by their appropriate officers and their corporate seals (if any) to be hereunto affixed in three original counterparts the day and year first above written. VH Arrowood, LLC By Forgewell Building Group, LLC its sole member By: Print Name:___________________________ Print Title:____________________________ STATE OF WISCONSIN ) )ss. COUNTY OF ___________ Personally came before me this ______ day of ______________, 2026, the above named _________________, Authorized Signatory of VH Arrowood, LLC, to me known to be the person who executed the foregoing instrument and acknowledged the same. _____________________________ NOTARY PUBLIC, STATE OF WI My commission expires:_______ SIGNATURE PAGE FOLLOWS 28 21 CITY OF OCONOMOWOC WAUKESHA COUNTY, WISCONSIN _____________________________ Mayor Robert P. Magnus _____________________________ Clerk Gina Kozlik STATE OF WISCONSIN ) )ss. COUNTY OF WAUKESHA ) Personally came before me this _____ day of ____________, _______, the above-named Robert P. Magnus, CITY Mayor, and Gina Kozlik, CITY Clerk, of the above-named municipal corporation, to me known to be the persons who executed the foregoing instrument and to me known to be such CITY Mayor and CITY Clerk of said municipal corporation and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the CITY COMMON COUNCIL from their meeting on the ______ day of ____________, _______. _____________________________ NOTARY PUBLIC, STATE OF WI My commission expires:_______ APPROVED AS TO FORM: ________________________________ CITY Attorney H. Stanley Riffle 29 22 EXHIBIT A Arrowood Phase V Legal Description Part of Lot 2 of Certified Survey Map No. 12262, recorded in Book 126 on Page 95-102 in the Waukesha County Register of Deeds Office as Document No. 4641293, being part of the Southeast 1/4 of the Southwest 1/4 of Section 5, Township 7 North, Range 17 East, City of Oconomowoc, Waukesha County, Wisconsin being more particularly described as follows: Commencing at the Southwest corner of the Southwest 1/4 of said Section 5; thence South 89°- 36’-52” East along the South line of said Southwest 1/4, a distance of 1,323.95 feet to a West line of said Outlot 15 of Arrowood Phase 4, recorded in Volume 56 on Page 169 in the Waukesha County Register of Deeds Office as Document No. 4822813, said line also being the West line of the Southeast 1/4 of said Southwest 1/4; thence North 01°-11’-22” West along said West line, a distance of 268.26 feet to the point of beginning; thence continuing North 01°-11’-22” West along said West line, a distance of 1,051.75 feet; thence South 89°-39’-37” East along a North line of said Lot 2, said line also being the North line of the Southeast 1/4 of said Southwest 1/4, a distance of 1,326.50 feet; thence South 01°-04’-38” East along an East line of said Lot 2 and its Southerly extension, said line also being the East line of the Southeast 1/4 of said Southwest 1/4, a distance of 616.97 feet; thence South 43°-39’-53” West, a distance of 380.79 feet; thence South 46°-20’-07” East, a distance of 25.08 feet; thence Southeasterly 94.04 feet on a curve to the left having a radius of 470.00 feet, the chord of said curve bears South 52°-04’-03” East, a chord distance of 93.88 feet; thence South 32°-12’-01” West, a distance of 60.00 feet; thence Northwesterly 71.25 feet on a curve to the right having a radius of 530.00 feet, the chord of said curve bears North 53°- 56’-54” West, a chord distance of 71.20 feet; thence South 39°-54’-10” West, a distance of 77.31 feet; thence South 24°-03’-16” West, a distance of 74.31 feet; thence South 44°-59’-52” West, a distance of 64.99 feet; thence South 50°-38’-46” West, a distance of 79.76 feet; thence South 73°-11’-31” West, a distance of 79.76 feet; thence North 83°-31’-15” West, a distance of 84.93 feet; thence North 59°-29’-33” West, a distance of 84.93 feet; thence North 35°-27’-51” West, a distance of 84.93 feet; thence North 11°- 26’-08” West, a distance of 84.93 feet; thence North 11°-51’-05” East, a distance of 79.76 feet; thence North 34°-23’-50” East, a distance of 79.76 feet; thence North 42°-16’-43” East, a distance of 71.11 feet; thence North 62°-52’-01” West, a distance of 32.45 feet; thence North 79°-52’-33” West, a distance of 51.75 feet; thence South 83°-35’-39” West, a distance of 51.75 feet; thence South 67°-03’-52” West, a distance of 51.75 feet; thence South 50°-32’-05” West, a distance of 51.75 feet; thence South 34°-00’-18” West, a distance of 51.75 feet; thence South 17°-36’-09” West, a distance of 50.96 feet; thence South 12°-55’-20” West, a distance of 116.56 feet; thence North 56°-11’-45” West, a distance of 139.99 feet to the Easterly right-of-way line of Arrowood Circle West; thence Northeasterly 12.53 feet along said Easterly line, on a curve to the right having a radius of 320.00 feet, the chord of said curve bears North 00°-01’-29” East, a chord distance of 12.53 feet; thence North 88°-51’-13” West, a distance of 60.00 feet to the Westerly right-of-way line of Arrowood Circle West; thence Southeasterly 32.98 feet along said Westerly line, on a curve to the left having a radius of 380.00 feet, the chord of said curve bears South 01°-20’-24” East, a chord distance of 32.97 feet; thence South 03°-49’-34” East along said Westerly line, a distance of 26.60 feet; thence South 86°-10’-26” West along the North line of Lot 116 and Outlot 15 of Arrowood Phase 4, a distance of 215.20 feet to the point of beginning and containing 30.318 acres (1,320,649 sq. ft.) of land more or less. 30 23 EXHIBIT B Applicable Fees at Time of Agreement The fees listed below are per each residential unit within the subdivision for 2026. Fees are revised annually. The actual fee charged at time of building permit will be based on the established fees for the year in which the building permit is applied for. Sewer Availability Charge $4,839.00 Highway and other Transportation Facilities Impact Fee $471.00 Law Enforcement Facilities Impact Fee $515.00 Park and Recreational Facilities Impact Fee $3,487.00 Assessment Fee for New Construction $50.00 31 24 EXHIBIT C 32 25 EXHIBIT D 33 1 MEMORANDUM FINANCE Date: March 3, 2026 To: Mayor, Common Council and Finance Committee From: Steve Hatton, Finance Director Re: Consider/act on Resolution 26-R3341 Approving 2026 Budget Amendment for 2025 Continuing Appropriations RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND Each year as part of our annual closing process, the Finance Committee reviews and makes a recommendation for continuing appropriations. Continuing appropriation amendment transfers the budget and spending authority from one year to another. ADDITIONAL ANALYSIS The requests before you this evening are to carry over funds from 2025 to 2026. These items range from unfinished/uncompleted projects to unpaid amounts on purchase orders, and specific requests for funding. Attached is a resolution summarizing the account number, original 2026 budget, carryover dollar request, and amended 2026 budget amount after the continuing appropriation. Following the resolution is a narrative document providing a brief description of each item. FINANCIAL IMPACT This resolution will transfer the budget authority from 2025 to 2026 for the specified budget line items. In addition, this resolution designates fund balance future capital improvements or repairs for the Community Center ($15,000), designation of funds received for street tress ($174,600), Lake Country Pickleball maintenance fund ($25,000) and National Night Out donations from 2025 event to be used for National Night Out 2026 ($2,185). COMMITTEE RECOMMENDATION Motion to recommend to the Common Council approval of the Amendments to the 2026 Budget for Continuing Appropriations. SUGGESTED MOTION Motion to approve Resolution 26-R3341. Budget Amendments require a 2/3 vote of the Council. Y:\FI\Financial Statements\2025\Year-end\Reconciliation & Support\Carryovers\Memo- YE Budget Amendment- 2025 CONTINUING APPROPRIATIONS.docx 34 2026 BUDGET AMENDMENT 2026 2025 Carryover Amended Budget Amount Budget 1 LEGAL OUTSD SVCS NON-IT 100-500-0400-210 170,950 63,962 234,912 2 POLICE ADMIN CLOTH/TOOL ALLOW 100-503-3100-346 2,800 894 3,694 3 POLICE ADMIN CITIZENS ACADEMY 100-503-3100-349 600 354 954 9 POLICE ADMIN REPAIR/MAINT BLDG 100-503-3100-400 11,000 13,008 24,008 4 POLICE OPS OUTSD SVCS NON-IT 100-503-3300-210 34,230 12,404 46,634 5 POLICE OPS OPER SUP/EXP 100-503-3300-340 29,950 25,885 55,835 6 POLICE OPS DRUG CRISIS & EDUCATION INFO100-503-3300-360 1,000 1,747 2,747 7 POLICE OPS BALLISTIC VESTS 100-503-3300-362 4,000 6,770 10,770 8 POLICE TRAIN TRAIN/TRAVEL 100-503-3400-330 22,000 5,602 27,602 10 STREET MAINT RPR/MAINT GRNDS 100-505-5305-410 88,000 25,000 113,000 11 BRIDGES OUTSD SVCS NON-IT 100-505-5310-210 5,000 4,025 9,025 12 SNOW & ICE OPER SUP/EXP 100-505-5325-340 149,150 100,000 249,150 13 COM CENTER RPR/MAINT BLDG 100-507-7210-400 13,700 8,550 22,250 14 SPECIAL EVNT OUTSD SVCS NON-IT 100-507-7520-210 15,500 16,992 32,492 15 PLANNING OUTSD SVCS NON-IT 100-508-8100-210 25,000 41,830 66,830 16 ECON DEV PROF SVCS IT 100-509-9100-211 10,000 5,900 15,900 Total Fund 100 332,923 17 RIVER PUB OPER SUP/EXP 213-576-3722-340 4,000 2,130 6,130 18 RIVER MONITR OUTSD SVCS NON IT 213-576-3723-210 46,000 4,000 50,000 19 RIVER MONITR OPER SUP/EXP 213-576-3723-340 7,000 3,000 10,000 20 RIVER EQIP OUTSD SVCS NON IT 213-576-3724-210 7,000 4,000 11,000 21 RIVER ACEP GRANTS 213-576-3726-730 - 1,000 1,000 Total Fund 213 14,130 22 STREET IMPACT OUTSD SVCS NON IT 220-505-5300-210 - 25,128 25,128 Total Fund 220 25,128 23 PARK FAC CAPITAL IMPRV 223-507-7410-820 - 64,441 64,441 Total Fund 223 64,441 24 K9 OPS MAINT CONT IT 234-503-3700-241 3,690 7,380 11,070 Total Fund 234 7,380 25 TOURISM PUBLICITY 255-509-9100-326 142,250 14,100 156,350 26 TOURISM DONATIONS 255-509-9100-720 411,250 135,000 546,250 Total Fund 255 149,100 27 PARKS/PLAYGR CAPITAL IMPRV 405-507-7410-820 - 56,647 56,647 Total Fund 405 56,647 28 ELECTIONS CAPITAL EQUIP 408-502-2300-810 - 20,505 20,505 29 POLICE OPS CAPITAL EQUIP 408-503-3300-810 45,103 33,224 78,327 30 POLICE OPS CAPITAL VEH 408-503-3300-811 95,000 37,470 132,470 31 STREET CONST OUTSD SVCS NON-IT 408-505-5300-210 125,000 38,356 163,356 32 BRIDGES OUTSD SVCS NON-IT 408-505-5310-210 - 6,512 6,512 33 BRIDGES CAPITAL IMPRV 408-505-5310-820 - 70,000 70,000 RESOLUTION NO. 26-R3341 APPROVING AMENDMENTS TO THE 2025 BUDGET FOR CONTINUING APPROPRIATIONS WHEREAS, the Common Council of the City of Oconomowoc approved the appropriation of funds for municipal and utility operations and capital expenditures; and WHEREAS, on March 3rd, 2026, the Finance Committee reviewed the various requests for continuing appropriations. NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Oconomowoc that the 2026 budget be amended for continuing appropriations and transfers, and fund balance classified as appropriate as follows: 35 2026 BUDGET AMENDMENT 2026 2025 Carryover Amended Budget Amount Budget 34 STREET CONST CAPITAL IMPRV 408-505-5300-820 2,800,000 508,708 3,308,708 35 STORM SEWER OUTSD SVCS NON-IT 408-505-5350-210 - 10,000 10,000 36 CITY BLDGS CAPITAL IMPRV 408-505-5510-820 105,000 411,366 516,366 37 PARKS/PLAYGR CAPITAL EQUIP 408-507-7410-810 104,000 30,000 134,000 38 PARKS/PLAYGR CAPITAL IMPRV 408-507-7410-820 210,000 720,956 925,956 39 ATHLETIC FLDS CAPITAL IMPRV 408-507-7420-820 - 33,500 33,500 40 ECON DEV CAPITAL EQUIP 408-509-9100-810 - 16,815 16,815 41 RIVER STORM WTR CAPITAL IMPRV 408-576-3728-820 - 6,472 6,472 Total Fund 408 1,943,883 42 ADMIN & GEN OUTSD SVCS NON-IT 601-518-3850-210 167,347 20,000 187,347 43 GEN PLANT OP RPR/MAINT BLDG 601-576-3621-400 13,500 10,000 23,500 44 GEN PLANT MAINT RPR/MAINT BLDG 601-576-3703-400 15,000 7,000 22,000 45 GEN PLANT MNT RPR/MAINT EQUIP 601-576-3703-435 150,000 50,000 200,000 46 PUMP STA O&M OUTSD SVC NON-IT 601-575-3002-210 13,500 10,000 23,500 47 PUMP STA O&M RPR/MNT EQUIP 601-575-3002-435 13,000 8,000 21,000 48 CAPITAL PROJECT OUTSD SVCS NON-IT 601-573-7000-210 200,000 7,409 207,409 49 CAPITAL PROJECT CAPITAL EQUIP 601-573-7000-810 2,544,000 1,709,218 4,253,218 Total Fund 601 1,821,627 50 CAPITAL PROJECT OUTSD SVC NON-IT 602-573-7000-210 250,000 28,114 278,114 51 CAPITAL PROJECT CAPITAL EQUIP 602-573-7000-810 2,193,041 1,331,809 3,524,850 Total Fund 602 1,359,922 52 CAPITAL PROJECT CAPITAL EQUIP 603-573-7000-810 2,784,180 2,104,497 4,888,677 53 CAPITAL PROJECT CAPITAL VEH 603-573-7000-811 - 319,397 319,397 Total Fund 603 2,423,894 54 TECHNOLOGY PROF SVCS IT 700-579-1450-211 15,000 38,000 53,000 55 TECHNOLOGY OPER SUP/EXP 700-579-1450-340 106,300 55,000 161,300 Total Fund 700 93,000 56 RISK MGMT OPER SUP/EXP 720-579-0500-340 3,530 992 4,522 Total Fund 720 992 Total All Funds 8,293,067 Fund Balance Assignment 57 ASSIGNED FUND BALANCE 100-36401 216,785 DATED: _______________________________ ATTEST: By: Gina Kozlik, City Clerk Robert P. Magnus, Mayor BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to publish a copy of this Resolution as a Class I Notice within ten days of the adoption of this resolution in accordance with Section 65.90(5)(a) Wisconsin Statutes. CITY OF OCONOMOWOC 36 Y:\Financial Statements\2025\Year-end\Reconciliation & Support\Carryovers\Carryover 2025 Background For Council.docx City of Oconomowoc Background Information on Continuing Appropriations (Carryovers) December 31, 2025 (1) Administration – Legal Services ($63,962): Additional legal fees were added to the 2025 budget; these additional fees will be used in 2026. (2) Police – Admin Cloth/Tool Allow ($894): Each officer is allowed to carry over a maximum of one year’s allowance. (3) Police – Citizens Academy ($354): Carryover unspent funds to assist in 2026 academy expenses. (4) Police – Admin Repair/Maintenance Building ($13,008): Funds are no longer needed for Water Patrol, would like to use funds to cover HVAC repairs. (5) Police – Operations Outside Services ($12,404): Carryover unspent funds to assist in Lt. Wollenhaupt’s National Academy cost. (6) Police – Operations Operating Supplies/Expenses ($25,885): Carryover for equipment ordered and not received in 2025 and new hire equipment. (7) Police – Operations Drug Intervention ($1,747): Carryover unspent funds to assist in educational support related to recent drug trends. (8) Police – Ballistic Vests ($6,770): Replacement of ballistic vests for officers required by department policy. (9) Police – Training & Travel ($5,602): Training opportunities to be attended in 2026. (10) Public Works – Street Maintenance ($25,000): Carryover funds for additional repairs not completed in 2025. (11) Public Works – Bridges Outside Services ($4,025): Carryover funds for Fowler Lake Dam inspection. (12) Public Works – Snow and Ice Operating Supplies/Expenses ($100,000): Carryover for unspent funds for salt contract. (13) Parks, Recreation & Forestry – Community Center Repair/Maintenance ($8,550): Open purchase order to refinish the deck and back area at the Community Center. (14) Parks, Recreation & Forestry – Special Event Outside Services ($16,992): Carryover remaining Bank Five Nine donated funds for July 4th fireworks 2026. (15) Planning – Outside Professional Services ($41,830): Carryover funds for GIS projects, subdivision ordinance update and floor plan study. (16) Econ Develop – Professional Services ($5,900): Carryover funds to obtain Placer AI software to use as a tool to help guide needs in the city. (17) Watershed – Operating Supplies/Expenses ($2,130): Carryover funds for items ordered in 2025 but not yet received and postponed event. (18) Watershed – River Monitor Outside Services ($4,000): Carryover funds for services not completed in 2025. (19) Watershed – River Monitor Operating Supplies/Expenses ($3,000): Carryover funds for stream cleaning project. (20) Watershed – River Equipment Outside Services ($4,000): Carryover funds for services not completed in 2025. (21) Watershed – River ACEP Grants ($1,000): Carryover for funds not used in 2025. (22) Hwy Impact Fee – Outside Services ($25,128): Carryover funds for Lake Bluff Dr design to be completed in 2026. (23) Park Facility Impact Fee – Capital Improvements ($64,441): Carryover remaining funds budgeted for Northeast Regional Park Development Phase 2 ($24,441) and Hickorywood Farms Shelter ($40,000). (24) K9 – Maintenance Contracts ($7,380): Open purchase order for squad video/body worn cameras. (25) Tourism - Publicity ($14,100): Carryover funds to obtain Placer AI software to use as a tool to help guide needs in the city. 37 Y:\Financial Statements\2025\Year-end\Reconciliation & Support\Carryovers\Carryover 2025 Background For Council.docx (26) Tourism - Donations ($135,000): Carryover funds for Chapman Park Trailhead Restrooms ($60,000), Visit Ocon Dockhounds on the Field Promo ($25,000) and Chapman Park Barn Enhancements ($50,000). (27) Tax Incremental District #5 – Parks/Playgrounds Capital Improvements ($56,647): Open purchase orders and remaining approved expenses for the City Beach Boat Launch reconstruction. (28) Capital Projects – Elections Capital Equip ($20,505): Carryover funds for Electronic Poll Books/Badger Books. (29) Capital Projects – Police Operations Capital Equipment ($33,224): Open purchase order for squad video/body worn cameras ($28,224) and Ballistic Helmets/Rifle Plates grant money ($5,000). (30) Capital Projects – Police Operations Capital Vehicles ($37,470): Carryover funds for items that were not purchased in 2025. (31) Capital Projects – Street Construction Outside Services ($38,356): Open purchase orders for 2025 streets design engineering ($20,694) and 2026 streets design engineering ($17,661). (32) Capital Projects – Bridges Outside Services ($6,512): Open purchase order and remaining budgeted funds for North Lapham Street Bridge replacement. (33 Capital Projects – Bridges Capital Improvements ($70,000): Carryover funds for North Lapham Street Bridge replacement. (34) Capital Project – Street Construction Capital Improvements ($508,708): Open purchase order and remaining budget funds for 2025 Streets Projects. (35) Capital Projects – Storm Sewer Outside Services ($10,000): Carryover funds for the Armour Road storm pond. (36) Capital Projects – City Buildings Capital Improvements ($411,366): Carryover of budgeted funds for ($85,000) Front Steps, Keyless Entry & Safety Improvements, ($150,000) Elevator Controls, ($25,000) Space Study Clerks area, ($110,000) Clerk area remodel, ($20,000) Entry way heaters and ($21,366) AC improvements. (37) Capital Projects – Parks/Playgrounds Capital Equipment ($30,000): Open purchase order and remaining budget funds for Fowler Lake Fountain. (38) Capital Projects – Parks/Playgrounds Capital Improvements ($720,956): Open purchase order & remaining budgeted funds for Oz Plaza ($3,557), DPW Yard Renovations for Parkland ($69,873), Dog Park ($106,041), Concrete Spoils Containment System ($250,000), Hidden Ridge Park Pathway ($15,000), Lake Country Trail Extension- Addition #5 ($85,000), Lily Park ($45,000), Splash Pad ($8,047) and Chapman Park Restroom Structure ($138,438) (39) Capital Projects – Athletic Fields Capital Improvements ($33,500): Carryover funds for the Champion Fields Concessions and Restrooms not yet completed. (40) Capital Projects – Economic Development Capital Equipment ($16,815): Carryover remaining funding for Oz Plaza characters and Toto’s. (41) Capital Projects – River Storm Water Capital Improvements ($6,472): Open purchase order for Watershed GIS mapping. (42) Wastewater – Admin & General Outside Services ($20,000): Carryover funds for a Western area hydraulic study. (43) Wastewater – General Plant Operations Building Repair ($10,000): Carryover funds for building door and HVAC replacements. (44) Wastewater – General Plant Maintenance Building Repair ($7,000): Carryover funds for window replacement and floor painting. (45) Wastewater – General Plant Maintenance Equipment Repair ($50,000): Carryover funds for treatment facility pipe painting and tuck pointing. (46) Wastewater – Pump Station Outside Services ($10,000): Carryover funds for a Remote Terminal Unit (RTU) upgrade. (47) Wastewater – Pump Station Equipment Repair ($8,000): Carryover funds for piping replacement at the Parkview Lift Station. (48) Wastewater – Work Order Clearing Outside Services ($7,409): Open purchase orders for street design engineering. 38 Y:\Financial Statements\2025\Year-end\Reconciliation & Support\Carryovers\Carryover 2025 Background For Council.docx (49) Wastewater – Work Order Clearing Capital Equipment ($1,709,218): Carryover funds and open purchase orders for septic receiving station ($971,017) and street project construction ($738,201). (50) Water – Work Order Clearing Outside Services ($28,114): Carryover funds for open purchase orders for the streets design engineering. (51) Water – Work Order Clearing Capital Equipment ($1,331,809): Carryover funds and open purchase orders for Well #8 ($1,122,665), street project construction ($60,183), concrete spoils containment system ($82,500) and SCADA fiber extension to water facilities ($66,461). (52) Electric – Work Order Clearing Capital Equipment ($2,104,497): Carryover funds and open purchase orders for various capital projects including voltage conversion ($376,231), distribution capacity improvements ($500,000), automatic distribution transfer switches ($250,000), City Green electric infrastructure ($100,000), substation grading and drainage improvements ($71,092), transformer purchases ($483,632), city fiber extensions ($156,042), and a concrete spoils containment system ($167,500). (53) Electric – Work Order Clearing Vehicles ($319,397): Carryover funds for a bucket truck. (54) Technology – Professional Services ($38,000): Carryover website design budget to be completed in 2026. (55) Technology – Capital and Operating Supplies/Expenses ($55,000): Carryover lifecycle replacements for desktops, laptops and upgrade components not deployed in 2025. (56) Risk Management –Operating Supplies/Expenses ($992): Carryover remaining Wellness Grant funds and safety supplies. (57) General Fund Assigned Fund Balance ($216,785): Designation of funds budgeted for future capital improvements or repairs for the Community Center ($15,000), designation of funds received for street trees as part of development agreements for the street tree ordinance ($174,600), Lake Country Pickleball maintenance fund ($25,000) and National Night Out donations from 2025 event to be used for National Night Out 2026 ($2,185). 39 1 MEMORANDUM ECONOMIC DEVELOPMENT AND TOURISM Date: March 3, 2026 To: Mayor, Common Council and Finance Committee From: Paige Brunclik, Marketing and Communications Specialist Bob Duffy, Director of Economic Development and Tourism Re: Consider/act on Resolution 26-R3348 Accepting the Proposal from CivicPlus for Website Services RELATES TO THE STRATEGIC PLAN Strategic Goal: Enhance the Effectiveness of Our City Government. Improve our technology and our external communication. BACKGROUND To continue to improve communications and meet ADA standards, a City website update is needed. An RFP was sent out in December 2025 seeking a website design firm to re-design, develop and implement a new design for the city’s website. Top priorities for the City website listed in the RFP included:  Competitively priced redesign and hosting fees  A visually appealing site with a common theme and consistent design throughout  The site provides easy electronic access to public information including the ability to post/share information and emergency notifications  A content management system provided by the vendor that includes all licenses and software needed to operate the site efficiently  Meets ADA requirements  Site is easy to update and user friendly The City received 18 proposals by the RFP deadline of January 21, 2026. The RFP contained specific scoring criteria: 1. Responsiveness/Completeness of Proposal – 5 points 2. Experience/Qualifications (specifically on government websites) – 20 points 3. Budget (Is the budget reasonable, competitive and provides a good value) – 15 points 4. Scope of Project (understanding of what it takes to provide requested services) – 30 points 5. Customer Service Support (training, response to requests, maintenance) – 15 points 6. Vendor references (examples of work, staying within budgets and timelines) – 15 points The top candidates and their scores were: CivicPlus – 90 points Revize – 90 points GovStack – 85 points 40 2 ADDITIONAL ANALYSIS Staff did further review of top candidates. Main objectives were to look at the modules or tools the vendors offered and a deeper dig into price comparison. Each vendor has a different price breakdown for services. Between top-scoring candidates, Revize and CivicPlus, CivicPlus includes more tools within their overall cost and was willing to bundle and discount services. Revize’s overall redesign cost was twice that of CivicPlus and had a higher cost for additional tools needed or did not offer them. It’s important to note that in April of 2024, Title II of the Americans with Disabilities Act (ADA) was updated to include requirements for state and local governments to ensure web content is accessible to people with disabilities. These organizations must meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA by a deadline based on community size. The City of Oconomowoc has until April 26, 2027, to be compliant with these new standards. The website redesign’s timing creates an opportunity to include this updated ADA compliance within the new site. The goal before the ruling has always been to make the city’s website more focused on accessible design. The new ruling further prioritizes the City’s requirements to do so. Additionally, CivicPlus offers two accessibility tools, AudioEye and Doc Access. AudioEye is a full-service accessibility tool allowing users to change website content for a more accessible display based on their needs and preferences. DocAccess tool will simplify ADA compliance by automatically converting all current and future PDFs into a screen-reader friendly version. This tool will save staff labor hours to manually convert documents. FINANCIAL IMPACT The proposal presented by CivicPlus is $26,207.18. This total includes the complete website update, hosting, security and additional ADA products plus a discounted redesign in 60 months. The total is below the amount budgeted for the website update project. The contract with CivicPlus would continue with a $14,023.06 annual fee to maintain services and support. RECOMMENDATION Motion to recommend to the Common Council approval of CivicPlus for website redesign services and a 60-month contract to maintain the website and implement new ADA offerings. The contract also includes a refresh of the website’s look in five years. SUGGESTED MOTION Motion to approve Resolution 26-R3348. Z:\City Administrator\Website\Background Memo for Resolution 26-R3348 Accepting CivicPlus Proposal for Website Redesign 03032026.docx 41 Resolution No. 26-R3348 Resolution Accepting the Proposal from CivicPlus for Website Services Whereas, an update of the City’s website is needed for both content and ADA requirements; and Whereas, City Staff requested proposals for this work and received 18 of them; and Whereas, utilizing a point system that looks at both the firm’s technical abilities, website tools proposed and cost determined that CivicPlus was the low-cost responsible provider; and Whereas, CivicPlus included more tools within their overall cost and was willing to bundle and discount services; and Whereas, CivicPlus offers two accessibility tools allowing users to change website content for a more accessible display based on their needs and preferences and will simplify ADA compliance by automatically converting all current and future PDFs into a screen-reader friendly version Now therefore, Be It hereby Resolved, the proposal of CivicPlus in the amount of $26,207.18 for website redesign services and a 60-month contract to maintain the website and implement new ADA offerings is hereby accepted, and appropriate City officials are authorized to enter into a contract with them for said work. DATED: CITY OF OCONOMOWOC ATTEST: By: ____________________________ Robert P. Magnus, Mayor Gina Kozlik, Clerk Z:\City Administrator\Website\Resolution 26-R3348 for CivicPlus Website Services 03032026.docx 42 1 MEMORANDUM PUBLIC WORKS Date: March 3, 2026 To: Mayor, Common Council and Public Services Committee From: Jason Herzog - Director of Public Works Re: Consider/act on Resolution 26-R3343 Approving Refuse, Recycling and Yard Waste Collection Services from John’s Disposal RELATES TO THE STRATEGIC PLAN N/A BACKGROUND The City has received refuse, recycling and yard waste collection services from John’s Disposal since 2015. They helped the City transition to a single sort recycling collection service that simplified the recycling to just acceptable recycle material from trash. The City saw a large swing on the amount of recycling that used to go to the landfill. John’s Disposal currently collects trash every week on either Tuesdays or Wednesdays and every other week for recycling. They also provide curb side yard waste collection 20 times per year for all residential properties and will pick up one eligible bulk item at the curb per week. Their contract expired at the end of June and the City extended these services for one additional year. During this year, staff has worked with John’s Disposal to improve services and create a long-term agreement with them. ADDITIONAL ANALYSIS John’s Disposal has proposed to maintain the existing service levels for the refuse, recycle, and yard waste collection and disposal and are offering to improve the bulk waste service. Below is a summary of the existing bulk program and what is being proposed. Existing Bulk Collection - Residents are allowed to place one bulk item per week at the curb side. Bulk items collection does not include curbside electronics disposal. Proposed Bulk Collection - Residents are allowed bulk item collections twice per month. Residents must call or email John’s office to schedule each collection. Collections will be made available every week of the month. Residents may select their collection weeks. With this program, bulk item collections would now include qualified household electronics and appliances, including those containing refrigerants. Bulk trucks will be efficiently routed to each stop, which reduces the Class B vehicle traffic on all City streets. Collection limits will increase from one item per collection to now include multiple items (approximately 1.5 cubic yards / roughly what can be contained in the bed of a pickup truck / five minutes of manual loading by driver). 43 V:\Recycling and Solid Waste\Hauling Contracts\2026 Hauling Contract\Five Year Contract Documents 2026- 2031\Background Memo 03032026 Garbage Collection Service FINAL.docx2 Program Feature Current Proposed Residents receive up to two collections per month Yes Yes Residents can dispose of multiple items No Yes Household electronics are included No Yes Residents can select their collection week Yes Yes Collection vehicles will travel on every city street Yes No Program compliance tracked with recorded calls and work orders No Yes Bulk Items Collection Transition Process: If approved, the new program will go into effect on June 1, 2026. Johns will work with City Staff to advertise the service change via website updates, social media, and any other options. John’s will provide residents with a three-month grace period (June 1 – August 31) where John’s will continue to sweep the entire city for bulk items. Each residence with material out during these collections will receive a notice reminding them of the change. Effective September 1st John’s will no longer provide the courtesy “no call” collections, residents will be required to adopt the new program. The new contract is proposed for 5.5 years, with an additional 5-year extension as an option. It will go into effect on July 1, 2026, and end December 31, 2031. The contract would include a flat annual increase of 3%. FINANCIAL IMPACT A Residential fee based on refuse, recycle, yard waste, cart rentals, bulk collection and landfill disposal fee, would stay the same for all of 2026. unit count as of 3/1/2026 hh / month mnthly total annual total garbage $6.11 $39,328.77 $471,945.22 recycle $3.62 $23,278.92 $279,347.00 yard waste $1.95 $12,534.80 $150,417.62 bulk $1.15 $7,428.03 $89,136.36 Carts $0.20 $1,287.80 $15,453.60 total $13.02 $82,570.52 $990,846.20 Hauling & Cart = $156.28 Landfill = $51.84 Total per year = $208.12 * Held the charge at $205 per household 2026 Fee Structure 6439 44 V:\Recycling and Solid Waste\Hauling Contracts\2026 Hauling Contract\Five Year Contract Documents 2026- 2031\Background Memo 03032026 Garbage Collection Service FINAL.docx3 RECOMMENDATION Motion to recommend to the Common Council approval of the contract with John’s Disposal for refuse, recycle, yard waste, and bulk pickup collection services. SUGGESTED MOTION Motion to Approve Resolution 26-R3343. 45 V:\Recycling and Solid Waste\Hauling Contracts\2026 Hauling Contract\Five Year Contract Documents 2026- 2031\Resolution 26-R3343 John's Disposal 2026-2031 Contract.docx Resolution No. 26-R3343 Resolution Awarding 5-Year Contract for Refuse, Recycling, Bulk and Yard Waste Hauling Services WHEREAS, in 2015, the City Council approved changes to our Refuse and Recycling collection system; and WHEREAS, this change converted the City from up-the- drive service to curbside collection using carts and recycling went from weekly with a 20 gallon blue container to every two weeks with using a 95-gallon cart; and WHEREAS, in 2015 Department of Public Works staff worked with Waukesha County and 25 municipalities to do a group Request for Proposals (RFP) to obtain the best cost for these services; and WHEREAS, a 7-Year agreement with Johns Disposal was approved for these services; and WHEREAS, in 2022 a 3-Year agreement with John’s Disposal was approved for the City’s refuse, recycling and yard waste hauler; and WHEREAS, in 2025 a 1-Year extension with John’s Disposal was approved for the City’s refuse, recycling and yard waste hauler. NOW THEREFORE, BE IT HEREBY RESOLVED, the proposal of Johns Disposal for a 5½ - Year Agreement be and the same is hereby accepted, and appropriate City officials are authorized to enter into a contract with them for said work. DATED: 3/3/26 CITY OF OCONOMOWOC ATTEST: By: ____________________________ Robert P. Magnus, Mayor Gina Kozlik, Clerk 46 AGREEMENT Curbside Collection of Solid Waste and Recyclables This contract made and entered into this day of 2026 by and between Johns Disposal Service, Inc., hereinafter referred to as the “Contractor” and The City of Oconomowoc, Wisconsin, hereinafter referred to as the “City”. The Contractor agrees to furnish all labor, materials and equipment necessary for the collection of solid waste, recyclables, yard waste, and bulk disposal within the limits of the City from one to four-family dwelling units subject to the limitations and requirements of the term “dwelling unit” as defined in City of Oconomowoc Municipal Code Sec. 17.904 and certain City-owned properties specified within this Contract; the collection of said materials shall be subject to the requirements of Section 11.06 of the Municipal Code of the City of Oconomowoc. To the extent the terms of Section 11.06 conflict with the provisions of this Agreement, the terms of this Agreement shall control. City of Oconomowoc recognizes Waukesha County as the Responsible Unit for Recycling under Wisconsin Statutes 287.09 and its recycling program under Wisconsin Statutes 287.11 and participates in the County’s Material Recycling Facility. A. Materials to be collected by Contractor shall include the following: 1. “Municipal Solid Waste (MSW)” shall mean general household garbage, rubbish and trash and refuse generated in the normal ordinary course of residential units within the City. The term “municipal solid waste” excludes special waste, hazardous waste, or other types of materials that require special handling and disposal. 2. All recyclables accepted in the Waukesha County recycling program. 3. Non-compaction bulk items such as: Automotive batteries, furniture, appliances, household electronics, motor oil, antifreeze, and light vehicle tires (See Section C, Number 3). B. Items which will not be collected by Contractor are as follows: 1. Earth, rocks, concrete, loose construction and demolition materials, trees or parts thereof. Construction and demolition materials may, however, be included for collection with the bulk items collection if such materials are placed in 32-gallon cans and have less than 4 feet in length and each such 32-gallon can as loaded weighs less than 60 pounds. 2. Hazardous, toxic or infectious materials, including any items recognized as special waste by the State of Wisconsin are not included. 3. Commercial electronics such as business computers, copy machines, x-ray machines, lighting bulbs or ballasts designed for commercial fixtures, dental chairs, commercial 47 2 refrigeration units or any electronics that are commercial and not designed for residential use are prohibited. 4. Residents and Commercial Businesses may contract with licensed haulers for private use of roll off or other disposal containers for collection, transportation, and disposal of material not covered by this contract, such as construction and demolition debris. C. The collection shall be made as follows: 1. Municipal Solid Waste. Pickup of MSW will be made weekly, with all suitable materials for collection being placed by residents at the curb of their homes by 6:00 a.m. on the days of collection. All MSW shall be placed by residents in a brown cart which has been provided by The Contractor. The collection schedule shall be established from time to time between the City and The Contractor. 2. Recyclables. Pickup of recyclables will be made every-other-week, with all suitable material for collection being placed by residents at the curb of their homes by 6:00 am on the days of collection. Recyclables shall be commingled and delivered to Waukesha County’s designated MRF – owned and operated by Waste Management located at W132N10487 Grant Dr, Germantown, WI 53022 or alternate location for a designated time as designated by Waukesha County (Note: Any additional transportation and processing costs will be covered by separate contract with the County or the Joint MRF operator and shall not be borne by The Contractor or The City). All recyclables shall be placed by residents in a green cart which is provided by The Contractor. The collection schedule shall be established from time to time between the City and The Contractor. 3. Bulk Items. Bulk items will be collected up to two times per unit each month. Furniture (including metal desks and storage cabinets), pianos, carpeting, sinks, concrete laundry tubs, cast iron plumbing fixtures, windows, doors, large toys, bicycles, dismantled swing sets, lumber, construction debris (if contained in 32-gallon garbage cans weighing less than 60 lbs. each), lawn mowers, snow blowers, Christmas trees, and tires (tires are limited to 2 per month and up to 8 per year per home). Residents must call the contractor to schedule a bulk items collection at least 48 hours in advance. Residents are limited to two bulk item collections per month, maximum 24 per year. Appliances including those containing refrigerants will be accepted. Household electronics – such as TV’s, computers and other typical home use items are included in the bulk items collection program. Collection limits can include multiple items for each scheduled collection (approximately 1.5 cubic yards / roughly what can be contained in the bed of a pickup truck or five minutes of manual loading by a driver). 4. Up-The-Drive service will be available for residents who subscribe for the upgraded service directly with the Contractor. Residents will place garbage in their own cans no larger than 32 gallons weighing less than 60 lbs. each. Residents will place recycling in a small recycling container (32 gallon) provided by the Contractor. Cans and bins must be placed so they can be accessed by a small one-ton truck and not blocked by 48 3 vehicles by 6 am on the designated collection date weekly. Subscriptions must be at a minimum of one year, paid in advance. The City will be invoiced for the curbside program as well as the residence will be billed directly for the Up-The-Drive service. Residents must call to schedule bulk items collection at the curb. Subscription Up-The- Drive customers that become delinquent in paying John’s will be reverted back to the base curbside service. A customer will be defined as delinquent when past due for over 30 days. Carts for curbside service will be delivered before Up-The-Drive service is terminated due to nonpayment. 5. Holidays. When a scheduled collection day falls on a holiday, pickup will be the following day. If a holiday falls on a Monday, the Monday collection will take place on Tuesday, the Tuesday collection will take place on Wednesday and so forth. If a holiday falls on a Wednesday, the Monday and Tuesday collections will remain on schedule with no delay. The Wednesday, Thursday and Friday collections will be delayed by one day. Observed holidays include Memorial Day, Labor Day, Independence Day, Thanksgiving, Christmas and New Year’s Day. 6. Material Collection and Transportation. All solid waste and recyclable materials shall be collected and transported in such a manner as to avoid damage or destruction to any property and injury or death to any person and to prevent falling or spilling of material. When spilling does occur, the material shall be picked up as soon as possible and the area properly cleaned by the Contractor. In the event the Contractor cannot accept certain items from a residential customer, the Contractor will utilize a dedicated communication mechanism approved by the City to inform such residents as to the reason why the material was not accepted. 7. Solid Waste & Recycling Carts. The Contractor initially provided (or will provide) each residential dwelling unit with one (brown) 64-gallon cart for solid waste collection and a second (green) 96-gallon cart for recycling collection. The Contractor will deliver the carts to new units after notification of occupancy by the City. All carts shall be the property of the City during the term of this agreement and will be maintained by the Contractor. The owner/occupant of each residential dwelling unit is responsible for keeping the carts clean. The owner/occupant of each residential dwelling unit is responsible for damage, other than normal wear, such as melting from hot ashes, cuts from a saw, or other avoidable damage. The Contractor is responsible for normal wear to the cart, wheels or lid and will repair or replace the cart in a timely manner after the homeowner informs the Contractor of the problem. The Contractor is responsible for damage caused from snowplows or passing vehicles. If the residential customer moves, he or she must leave the carts for the new homeowner. At the termination of the Contract, the carts become the property of and will be removed by the Contractor at the Contractor’s expense within thirty (30) days. Residents who desire a smaller cart (48- gallon) must call Contractor’s office to schedule an exchange. Container exchanges will be made by the Contractor at no additional charge. Residents enrolled in the optional Up-The-Drive Service will be provided with a small recycling container (32 gallon). The contractor shall provide the County an annual (calendar year) report by February 1st each year on the number and size(s) of recycling containers used within 49 4 the City, including the number of households/units that were provided 32-gallon recycling containers. Contractor will keep an inventory of all sizes of carts for refuse and recycling in a master database including all addresses and corresponding serial numbers of the carts which shall be available to the City upon request. 8. Hardship Service. Disabled and Elderly residents identified shall receive door service at no extra cost. The City shall provide the Contractor with a list of the current persons receiving such service. With regard to eligibility for Disabled and Elderly residents to receive this service in the future, The City may require the requester provide a signed confirmation of the eligibility for this service on the form attached as Exhibit A from a licensed physician, doctor of osteopathy or chiropractor that confirms no one in the requesters home is physically unable to place the approved containers at the curb. The verification of the need for such service shall require that such letter indicate the inability to transport garbage or recyclables to the curb is anticipated to be permanent in nature and for any temporary inability, the anticipated duration of such inability shall be stated. The City will audit the hardship list annually and will notify the Contractor of any changes. 9. Municipal Container Service. Solid waste and recycling dumpster or cart service will be provided to municipal properties as identified by the City at no additional cost. 10. Yard Waste. Dry grass clippings, leaves, and small twigs contained in brown paper yard waste bag not exceeding sixty (60) pounds or in 32 gallon containers marked with a red “X”. Brush (branches no larger than four (4) inches in diameter) must be tied in bundles not to exceed four (4) foot in length and eighteen (18) inches diameter. Bundles shall not weigh more than sixty (60) pounds per bundle. Twine must be able to support the weight of the material. Contractor to work with City to provide 20 collections dates per year. Contractor will collect Christmas trees as part of the bulk item collection. The resident will call in or email the Contractor to schedule the collection. D. Term and cost of this contract shall be as follows: 1. Term. This Contract shall be for 5-years and 6 months for the period, July 1, 2026, through December 31, 2031. At the end of the term, the contract has the option to be extended for an additional five (5) years beyond the original termination date upon mutual agreement between both parties. 2. Cost. The City agrees to pay the Contractor the following fees in conjunction with the services rendered pursuant to this Contract: 50 5 Curbside Service Rates Frequency Unit / Month Automated Garbage Weekly $6.11 Garbage Cart (64 & 48) Weekly $0.20 Automated Recycle Every-other- week $3.63 Recycling Cart (96) Weekly $0.20 Recycling Can (32) Weekly $0.10 Bulk Items Collection (on-call, up to 2x month) 2x / month $1.15 Yard Waste Collection 20x/yr $1.95 Total Unit Price (96 REC)/Mo $13.02 Total Unit Price (32 REC)/Mo $12.92 (Optional) Up-The-Drive Service $10.00 Landfill Rate (per ton) $51.84 3. Payment. Invoices for payment shall be submitted by the Contractor, on a form approved by the City. Payments of contract service fees shall be made within twenty (20) days of the last day of each month and shall be based upon full-month occupancy, calculated at the end of each month. 4. Annual Rate Increases. Rates listed in Section D (2) of this Contract are for the 1st year of a 5-year agreement. The Contractor agrees to hold the current (2025-2026) rates through December 31, 2026. Rate increases will take effect on the contract anniversary date (January 1 of each year after 2026). Contracted rates shall increase by 3% in years 2027, 2028, 2029, 2030, and 2031. 5. Unit Count. The estimated number of units on March 1, 2026 are: 6,439 . As new units are added (or subtracted) the monthly payment by the City under Section D(2) shall be adjusted based on the per unit count. 6. Dumping Fees. Any and all “dumping fees” (broadly defined to include all fees and taxes imposed by Waukesha County, the State of Wisconsin and the federal government, or any division of agency thereof), related to the execution of this Contract that are required to be paid by law, including but not limited to fees required per Sections 289.63, 289.64, 289.64(2),289.67 Wisconsin Statutes, including any revisions that may be made thereto during the term of this Contract, along with any other fee of tax that must be paid in order for this Contract to be performed in compliance with the 51 6 law, shall be paid fully and timely by the Contractor. Any increase of such fees of taxes added on or after July 1, 2026 that are added within a contract year will be paid by the Contractor. The added cost of the fees will be negotiated into the Contract in the following contract year if the City and Contractor are able to reach mutually agreeable terms as to such increased fees. E. Additional provisions: 1. Weights. The Contractor shall keep a record of total weights of both solid waste and of each category of recyclable collected from the City and report those totals to the City on a quarterly basis. 2. Reporting. The Contractor shall assist the City in making reports to Waukesha County and the Department of Natural Resources in conformance with State recycling mandates and agrees to assist and cooperate with the City with respect to participating in or applying for any grants or any other financial assistance programs for which the City may qualify. In addition, monthly, quarterly, and annual reports will be provided to the City. Monthly reports will include recycling, solid waste, and bulky items tonnage. Additional reports may be required at the City’s request including, but not limited to extraordinary occurrences affecting Contractor’s performance, permit compliance status, documentation of unpermitted waste, and additional information related to disposal. Quarterly reports will include identification of any subcontractors, operational reports regarding customer complaints or operational problems, and other pertinent information. Annual reports will include overall summary of all data provided in monthly reports, total tonnage for recycling, solid waste, and bulky items, updated collection route maps, inventory of receptacles including total households and quantity of each size receptacle. Additional reports may be required at the City’s request include but are not, declaration reports describing any criminal or civil litigation, subcontractor information, update on remaining landfill capacity, and additional information regarding the contract disposal facility. 3. Complaints. The Contractor shall maintain telephone service at its office for receiving calls or complaints regarding its work from 8:00 am until 4:30 pm, Monday through Friday, excluding holidays and shall maintain an official address for said purpose and shall publicize said contact information. The Contractor shall also provide the City Clerk and the Mayor’s Office /Director of Public Works with the phone contact information of the Contractor’s person in charge of the implementation of this contract. Contractor shall take care of all complaints within a 24-hour period or within 24 hours of the next working day if the complaint is received on a non-working day. The City will refer to or inform the Contractor of any complaints which it receives. 4. Collection Days. The Contractor will work with City staff to determine an agreeable collection schedule. The Contractor may make changes to collection with the prior consent of the Director of Public Works and will be responsible to reasonably notify residents in advance of any changes. 52 7 5. Litter and Leaks. Contractor will clean up litter near a collection site (up the drive service) and within ten (10) feet diameter of a set out site for bulky items or special pickups. Contractor will discuss with Customer all instances of repeated litter by that Customer and document each instance. Contractor will prevent solid waste from escaping, dropping, spilling, blowing, or scattering from vehicle during collection and transportation. Contractor will not transfer loads from one vehicle to another on any public street unless necessitated by mechanical failure or accidental damage to vehicle or in connection with providing up the drive service. Contractor will immediately clean up any solid waste that it spills or scatters, including solid waste tracked onto any alley, street, or public place when providing up the drive service or transporting waste. Contractor will prevent oil, hydraulic fluid, paint, or other liquid from leaking out of vehicles. Contractor will train its employees to immediately cover leaked fluids with absorbent materials, remove those materials from the ground, and apply cleaning agent to cleanse the soiled spot. Contractor will keep a log of spills the indicate the material spilled, quantity, and remedial actions taken. Contractor will immediately report any spills entering or endangering any waterway or storm drain. If Contractor fails to clean up solid waste or liquids within 2 hours of the time when City gave notice of the spill or leak, the City may clean up the spill or leak. Promptly upon City request, Contractor will reimburse City’s costs of cleaning up the spill or leak. Contractor is responsible for any damage to private property from the spill or leak. 6. Insurance. The Contractor shall take out and maintain insurance without limiting its indemnities during the term of the Contract to protect Contractor and the City from claims for damages for personal injury, including accidental death as well as claims for property damage, including destruction, which may arise from performance or mis- performance under the Contract, whether such operations be by the Contractor, or by anyone directly or indirectly employed or contracted by either of them in such manner as to impose or allege liability on the City, and shall name the City, its boards, commissions, agencies, officers, employees and representatives as additional insureds, on a primary and noncontributory basis, and waiving any rights of subrogation against the City or its insurers. All insurance policies shall be written on an occurrence basis. The Contractor shall not commence its work until it has obtained all insurance required under this section and filed Certificates of Insurance thereof, including any endorsements and/or riders evidencing required coverage, with the City Administrator. The Contractor agrees to maintain the Public Liability and Auto Liability Insurance coverage as required for under this Contract for a period of not less than three years following the termination of this Contract. 1. Comprehensive General Liability and Property Damage Insurance (premise and operations, products, and completed operations, personal injury and blanket contractual coverage) providing occurrence coverage: Damage to rented Premise $ 200,000 Medical Expense $ 10,000 per person General Annual Aggregate $ 2,000,000 53 8 Products/Completed Ops Aggregate $ 2,000,000 Personal and Advertising $ 2,000,000 per person Each occurrence $ 2,000,000 Property Damage: $ 1,000,000 per occurrence $ 2,000,000 aggregate 2. Comprehensive Automobile Liability and Property Damage (operations of owned, hired and non-owned motor vehicles--A pollution endorsement to automobile liability, or equivalent, must remove any pollution and asbestos exclusion from the policy.): Combined Single Limit $ 500,000 per accident 3. Worker’s Compensation and Employee Liability. Contractor shall carry in a company authorized under the laws of the State of Wisconsin a policy to protect itself against liability under the Worker’s Compensation Statutes of the State of Wisconsin. Contractor will require any subcontractors not protected under its insurance to take out and maintain such insurance. Worker’s Compensation Statutory Limits Employees Liability $ 200,000 each accident Employees Liability Disease $ 200,000 each employee Employees Liability Disease $ 750,000 Policy Limit 4. Umbrella Liability. Coverage to be in excess of employer’s liability, commercial general liability and automobile liability insurance required above. Each Occurrence $ 5,000,000 each occurrence Aggregate $ 5,000,000 5. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers’ compensation: A. Contractor’s insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of Contractor’s insurance and shall not contribute with it. Insurer’s must be an admitted company in Wisconsin, has a size category of VII or large by A.M. Best Company, Inc., and has a rating of A or better by A.M. Best Company, Inc. B. Such coverage and policies shall not be cancelled without providing the City thirty (30) days advance written notice. Endorsements cannon contain mere “best effort” modifiers or relieve the insurer from its 54 9 responsibility to give that notice and the cancellation information on the certificate of insurance must delete language such as “failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents, or representatives”. C. Contractor will insure each Subcontractor, if applicable, maintain insurance required itself unless covered by the Contractor’s insurance. D. Notice of claims. If any Person makes a claim against Contractor or any Subcontractor exceeding the amount of any deductibles or self-insured retentions, Contractor will promptly notify the City of the claim. E. The Contractor will place on file with the City certificates of insurance and policy endorsements where necessary, provided by insurance carrier or carriers authorized to do business in the State of Wisconsin at all times during the terms of this contract. As terms of coverage expire or if Contractor changes insurance companies, the Contractor shall provide a replacement certificate of insurance so that the City is assured at all times that the Contractor has the requisite insurance coverage called for herein and that such coverages are always in effect. All such certificates of insurance and policy endorsements shall be placed on file in the office of the City Clerk/Treasurer and identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $10,000 for City’s prior approval. Contractor’s policies shall not obligate the City to pay any portion of any Contractor’s retained loss, deductible or SIR. Certificates shall contain the following: Contract Name, types, policy numbers, policy effective/expiration dates, limits, waiver of subrogation, and dedicated limits. 7. Landfill. The Contractor agrees to transport and dispose of solid waste and bulk items collected in a licensed processing facility or a licensed landfill. The landfill site or processing facility shall be approved by the State of Wisconsin Department of Natural Resources. 8. Recyclable Processing. The Contractor agrees to transport all recyclables to the Waukesha County designated MRF located at W132N10487 Grant Dr, Germantown, WI 53022 or as alternate location for a designated time as designated by Waukesha County. (Note: Any additional transportation and processing costs will be covered by a separate contract with the County or the Joint MRF operator and shall not be borne by The City or The Contractor). In the event that the City terminates its agreement with the County, and the City enters into an agreement with Johns to process and market recyclables at one of its two MRFs, Johns will process and market recyclables at one of its two MRFs. Contractor shall coordinate delivery times with the Joint MRF operator to maximize efficiencies at the truck scale and tip floor and minimize traffic back-ups. Contractor shall comply with County Protocol, which is subject to periodic 55 10 updates to meet the stated intent. Contractor shall keep records and provide all requested data and reports to the County as needed to administer the IGA and maintain compliance with applicable state and local codes, program rules, and the protocol for delivery of recyclables to the Joint MRF included in Exhibit B. This includes, but is not limited to, providing up-to-date information on haul routes, collection days and times, and vehicles used to collect recyclables. 9. Yard Waste Processing & Transport. The City has previously negotiated terms for the processing and disposal of curbside yard waste collected by The Contractor and delivered to Johnson’s Nursery, LLC located at W180N6275 Marcy Road Menomonee Falls WI 53051. Johnson’s Nursery LLC delivery hours are 7:00 AM to 5:00 PM Monday through Saturday. Contractor’s driver shall fill out a ticket at Johnson’s Nursery’s website electronically (driver will report: Hauler Name, Municipality, Load Size, Load Type, Approximate Volume in Yards, Driver Name, Truck Number, and certify that they have inspected the load to verify it doesn’t contain any contaminated material). Drivers must follow Johnson’s direction for dumping location and routes or be subject to fines ($250 per hour to repair any damage caused to the site). Drivers must be aware of what they are transporting and dump in the correct location or be subject to fines. 10. Emergency Back-Up Collection Service Plan. Collections for emergencies and natural disasters will be provided within 24 hours upon request from the City. Additional dumpsters will be provided to City appointed locations for a fee. In the case of emergencies, regular garbage, recycling, bulk, or yard waste collections may be delayed. 11. Unpermitted Waste Screening and Compliance Assurance. The Contractor will be permitted on how to handle unpermitted waste situations for refuse and recycling. Camera technology allows the monitoring of materials entering the truck. Contractor will utilize Waukesha County’s App for Waukesha’s targeting recycling postcard notices. If hazardous and dangerous waste situations are identified, drivers will Contractor’s protocol which includes contacting their supervisor for further direction. Contractor will contact customer to identify the hazardous or dangerous waste. If necessary, the local authorities will be contacted as well as the City. Contractor will follow all applicable laws and regulations including Federal Department of Transportation Title 49 CFR and United States Environmental Protection Agency Title 40 CFR. 12. Education. The City and the Contractor shall coordinate their efforts to publicize and promote the recycling program and educate the City citizens regarding recycling. The City and the Contractor will review and approve promotional activities jointly. The Contractor will include education materials to any new or replacement carts. 13. Contractor shall indemnify, defend, and hold the City harmless, including all City officials, employees, and agents, from any and all claims and liabilities whatsoever, including, but not limited to judgments, costs, damages, expenses, and attorneys’ fees 56 11 in any way arising out of or connected to this Contract and the performance of the services provided for hereunder, including reimbursement to the City for City liabilities to a third party such as, for example, damages resulting from a suit against the City by a person receiving service under this Contract. Except to the extent of liabilities arising out of City or City employees’ active negligence, Contractor shall release and hold harmless the City, its officers, agents, and employees from and against all liabilities arising out of or in any way connected to this Contract, including not seeking reimbursement from the City for Contractor’s liability to a third party (such as, for example, damages resulting from a suit against Contractor by a customer). For any lawsuits, claims, complaints, causes of actions, or other demands brought against the City for liabilities arising out of or in any way connected to Contractor’s negligence and/or intentional acts arising out of or related to Contractor’s performance of the services under this Contract (except to the extent, if any, that Contractor’s actions resulted from negligent or intentional acts of the City, its officers, employees or agents), Contractor shall: (1) defend the City with counsel approved by the City, or (2) fund the City’s costs of defense. 14. The Contractor shall, at Contractor’s sole cost, comply with all state and federal laws and regulations and ordinances of the City, including Chapter 6 of the City of Oconomowoc Municipal Code, relating to the collection, transportation, processing and disposal of solid waste and recyclable materials. The City reserves the right to designate additional solid waste materials as recyclable or currently collected materials as no longer recyclable in accordance with law and to either add or delete them from any collection services provided by the Contractor. The City shall provide written notice to the Contractor of any such change. GENERAL PROVISIONS 1. This Contract is not assignable by Contractor, without the prior express written consent of the City of Oconomowoc, and in the event of bankruptcy, assignment for the benefit of creditors, or a petition for receivership relative to the Contractor of record, the City may, without notice, terminate this Contract. 2. The Contractor shall ensure that any approved subcontractors agree, in writing, to indemnify the City against claims arising from their performance of services under the agreement as per Paragraph 13 of Subsection E and further, that said subcontractor shall provide evidence of carrying the insurance as required in Subparagraph E, 6. The Contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of this Contract without the prior written consent of the City. If the City were to allow a subcontractor by written consent, then the Contractor shall be fully responsible for any acts or omissions of its subcontractor as it is for the acts and omissions of persons directly employed by itself. The Contractor is an independent contractor of the City. 57 12 3. The performance and interpretation of this Agreement shall be according to the laws of the State of Wisconsin. 4. If any court or other governmental body of competent jurisdiction declares any provision of this Contract invalid or unenforceable by reason of any rule of law or public policy, the Parties shall promptly meet to cooperate on substitute language that will give force and effect to the Parties’ intent. Contractor agrees to perform the contract services as provided for herein in a prompt, thorough, comprehensive, reliable, courteous and professional manner so that customers receive high quality contract services at all times. The Contractor agrees to perform the contract services regardless of weather conditions, labor shortages and difficulties in collection subject to uncontrollable circumstances in a timely manner. Contractor agrees to transport the solid waste in covered collection vehicles. The Contractor will prevent solid waste from escaping, dropping, spilling, blowing or scattering from vehicles during collection and transportation, and will clean up any solid waste that it spills or scatters. For purposes of this paragraph uncontrollable circumstances shall refer to natural disasters such as fires or floods, sabotage, civil disturbance, war or other emergency and other catastrophic events beyond the reasonable control of the performing party that materially and adversely impacts the ability to perform the terms of the agreement despite that party’s exercise of due diligence. It shall not include reasonably anticipated weather conditions for SE Wisconsin. 5. The Contractor will use due care in entering and exiting customers’ property or enclosures and use paved walks or surfaces where practicable. Contractor will not trespass or loiter on customer’s property and will not handle or meddle with private property without permission. Contractor will close all gates it opened and will avoid crossing private or public landscaped areas or jumping over hedges and fences. Contractor agrees to repair any damage which may occur to City property or the property of customers within five days of the Contractor determining that it was responsible for damage. If the Contractor determines it was not responsible for damage, it shall provide the City with reasons for its determination and documentation supporting that determination. If the Contractor and City are unable to agree on the determination of the responsibility for damage, that determination may be made in the reasonable discretion of the City. 6. Contractor will handle receptacles with due care. Contractor will not throw or drop receptacles from trucks or roughly handle, damage, or break them. Contractor will return receptacles to within five (5) feet of the location from where they were picked up by Contractor’s employees, upright, with the lid closed, without obstructing any passable driveway, sidewalk, trail, or street. 7. The Contractor understands and agrees that the City is a municipal entity and is therefore subject to the Wisconsin Public Records Law as set forth in Wisconsin Statute Sec. 19.36(3). Said Statute requires governmental entities to make available for 58 13 inspection and copying any records produced or collected under a contract entered into by the City to the same extent as if the record were retained by the City itself. Therefore, in the event there is a request for any of the documentation pertaining to this Contract, Contractor shall provide the information as required and charge no more than the cost of copying said information. 8. The Contractor agrees to maintain the confidentiality of personally identifiable information of the customers and not to share that information without the express written consent of the City and the Contractor. 9. The Contractor in executing this Contract acknowledges that it has not been induced to enter into this Contract by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City concerning any matter not expressed herein. The Contractor acknowledges that the City has relied upon the proposal submitted by the Contractor and has awarded the Contract in reliance thereon. 10. Excused Non-Performance. If a party is unable, in whole or in part, to punctually carry out its obligations under this Contract because of a Force Majeure Event, such party’s obligations, to the extent affected thereby, will be extended on a day-by-day basis during the continuance of the delay caused by such event. The party claiming the Force Majeure Event shall use reasonable efforts to remedy such Force Majeure Event as promptly as commercially practicable after such event occurs and at the time that it is no longer applicable. The party affected by the Force Majeure Event shall give the other party notice as soon as commercially practicable (but not later than 15 working days) after such event occurs, at 30-day intervals during any continuation of such incident, and at the time that it is no longer applicable. Notice shall state with particularity the nature of the claimed event and provide a reasonable estimate of the length of any delay in the fulfillment of obligations under this Contract. If a Force Majeure Event lasts for more than sixty (60) calendar days, the party not claiming the Force Majeure Event may terminate this Contract immediately upon providing written notice to the other party. “Force Majeure Event” for purposes of this Contract means the occurrence of an act of God; unusual governmental restrictions, regulation or control, (through no fault of a party); war, riot, fire, drought, flood, explosion, natural disaster, national emergency, or other circumstances, whether or not similar in nature, beyond the reasonable control of the party seeking to be excused from performance hereunder; provided, however, economic conditions do not constitute a Force Majeure Event and a Force Majeure Event will not relieve a party of its payment obligations. 11. This Contract constitutes the entire agreement between the parties. No modification, amendment, alteration, revision or waiver of this Contract or any of its provisions shall be permitted by or binding upon the parties unless so agreed in writing and approved by the Common Council of the City of Oconomowoc. Signature page to follow 59 14 JOHNS DISPOSAL SERVICE, INC. Nate Austin, Vice President Date CITY OF OCONOMOWOC Robert P. Magnus, Mayor Date ATTEST Gina Kozlik, City Clerk Date 60 WALK-UP SERVICE REQUEST FORM GARBAGE & RECYCLE COLLECTION This application is a request for WALK -UP SERVICE with Johns Disposal for Automated Garbage & Recycling Collection. This service may be requested by a licensed physician on behalf of a patient / resident for whom the moving of provided 48, 65 or 95- gallon wheeled garbage and recycling carts would present an unnecessary hardship or is impractical by reason of physical condition or medical problem. Office Use Only Date Request Received: PLEASE PRINT OR TYPE PART A: TO BE COMPLETED BY APPLICANT Last Name: First: MI: Sex: [ ] Male [ ] Female Age: Are you able to wheel carts to the curb for collection? [ ] Yes [ ] No Are you the legal property owner? [ ] Yes [ ] No If not, what is the property owner’s name? Property Owner Contact Phone: ( ) Street Address: Home Phone Number: ( ) Mobile Phone Number: ( ) Mailing Address: City, Town, Village: State: ZIP Code: I, the undersigned applicant, certify that I am [ ] permanently OR [ ] temporarily disabled and unable to wheel my garbage and recycling carts to the curb for collection. I also certify that there is no one in my household, in my employ, or providing in home assistance to me from a third party that is able to get my carts to the curb. I authorize my physician to release any information necessary to verify my disability. _______________________________________________________ ______________________________________ Applicant’s Signature Date PART B: TO BE COMPLETED BY PHYSICIAN Physician Name: Physician Type: License Number: Physician Address: City, Town, Village: State: ZIP Code: Physician Telephone Number: ( ) Physician Fax Number: ( ) Physician Email: Note to Physician: By completing and signing this form, you are indicating that it is harmful or impractical for the patient / applicant named above to use these specifically required 48, 65, or 95-gallon wheeled carts for the collection of garbage and recycling due to his or her physical condition or medical problem. Is the applicant your patient? [ ] Yes [ ] No Physician statement & request for exemption. Describe how use of the wheeled garbage and recycling carts would be harmful or impractical for your patient to use. Include the specific reason you believe Walk-Up Service is necessary. This exemption should be: [ ] Permanent [ ] Temporary until (month) (year) I certify by my signature that I am a physician licensed to practice medicine in Wisconsin, and that in my judgment the patient named above should be granted Walk-Up Service for Garbage & Recycling as described in this request. _____________________________________________________________________________________________________ Physician Signature Date 61 62 Blue Ribbon Cell Tower Planning Staff Report City of Oconomowoc Plan Commission –10/8/2025 Conditional Use Permit Property Location: 1101 Blue Ribbon Circle North (Dockhounds Stadium) Property Owners: DC RE Holdings, LLC Tom Kelenic and Sonny Bando S20 W27809 Kame Terrace Waukesha, WI 53188 Applicant: Diamond Communications, Inc. Keith Nyman (Agent) 120 Mountain Avenue Springfield, NJ 07078 Existing Zoning: GC – General Commercial District Existing Land Use: Baseball Stadium Proposed Land Use: 165’ Cellular Tower with additional 4’ lightning rod Parcel Size: 17.83 acres Location Map Summary: The applicant submitted a conditional use permit application to construct a 165’ cellular tower. Per the City Zoning Ordinance, cell towers require a conditional use permit in the General Commercial (GC) zoning district. 63 Conditional Use Permit – October 8, 2025 Cellular Tower Request – Page 2 Summary: The property owners are requesting to lease out an area of the property that is currently not being used to have a 165’ cellular tower installed. The first tenant is Verizon. Zoning: New construction of towers are allowed in all zoning districts with a conditional use permit. CUP Standards: These are the standards applications shall meet in order to grant the CUP for Towers: (a) All towers or antennas shall meet and conform to all current standards listed in the Wisconsin State Statutes §66.0404 that regulate Mobile tower siting regulations. Towers and Antenna of any height shall also conform with all other applicable State, Federal and Local requirements. (b) Shall comply with all other Zoning, Fire, Building, Engineering, Utility and other Municipal Ordinances, and all applicable laws. (c) Limitations upon Authority. The City review and action in the matter shall be subject to the limitations imposed by Wisconsin Statutes Sections 66.0404(4) and 66.0414, as applicable. In the event the applicant believes the City has exceeded its authority in this regard, the applicant shall notify the Plan Commission in writing and the Plan Commission reserves the right to reconsider the matter, to ensure that applicable laws are followed. (d) Conditional use status shall not be granted to communication towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. Except as provided in Subsection (f), below, if an applicant provides the City with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the City has and provides to the applicant substantial evidence that the engineering certification is flawed. (e) Aesthetic Requirements. All users of the City right-of-way shall comply with the following aesthetic standards: (a) In areas where facilities are currently nonexistent or underground, undergrounding is required. (b) No new above ground structures, including co-locations on existing structures, shall be placed within 500 feet of historic structures or historic districts designated by the National Register of Historic Places in Wisconsin or listed on the State Register of Historic Places. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed. (c) Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color 64 Conditional Use Permit – October 8, 2025 Cellular Tower Request – Page 3 that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color. (d) Any party objecting to the requirements of this Subsection (e) shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of State or Federal law, in an appeal made pursuant to Section 17.810 of this Code. (f) Setback. Any tower that is constructed on or adjacent to a parcel of land on or adjacent to which single-family residential use is permitted shall be setback from every lot line of a parcel for which single-family residential use is permitted by a distance that equals or exceeds the height of the tower. Land Use Plan: The proposed “use” is consistent with the City’s Comprehensive Land Use Plan 2050. The Comprehensive Plan identifies this area as commercial. Site Plan: The lease area is 50’ x50’. The site is located in the northwest corner of the property near I-94. The compound will be fenced with 6’ fencing with an additional 1’ of barbed wire. The fencing will be landscaped. There is a 20’ easement to be graveled to access the compound from the parking lot. Utilities: The applicant has worked with the Oconomowoc Utilities to ensure the infrastructure is properly run to the tower compound, as the Utilities has easements in the area. There is underground conduit piping that will be utilized by all the future carriers on the tower. Conditional Use Permit Findings 1. How is the proposed conditional use (in general) in harmony with the purposes, goals, objectives, policies and standards of the City of Oconomowoc Comprehensive Plan, the Zoning Ordinance, and any other plan, program, or ordinance adopted by the City? Tower use is recognized in the Zoning Ordinance as an allowed use after the issuance of a CUP in the GC zoning district and existing commercial use complies with the Land Use Plan. 2. How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the City of Oconomowoc Comprehensive Plan, the Zoning Ordinance, and any other plan, program, or ordinance adopted by the City? The tower will serve residents of the City and those traveling on I-94. 65 Conditional Use Permit – October 8, 2025 Cellular Tower Request – Page 4 3. Does the conditional use, in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of the Zoning Ordinance, the comprehensive plan, or any other plan, program, map, or ordinance adopted by the City or other governmental agency having jurisdiction to guide development? Staff feels there will be no adverse impacts on the nearby properties. The drafted permit has restrictions so the use will not cause a nuisance to the area. 4. Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property? The existing ballpark has existing light poles and fencing poles. The proposed cell tower should blend in with the surrounding context of the existing use. 5. Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property? The Utilities are working with the applicant to ensure no impact to the existing or future utility infrastructure in the area. 6. Do the potential public benefits of the proposed conditional use outweigh all potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts? The benefits of the proposed use outweigh any adverse impacts caused to the City. The site will provide better coverage for cell use. 7. Will the proposed conditional use create adverse impacts such as dust, lighting, air pollution, noise, odor, vibration, glare, heat, hazardous materials, or traffic? The proposed use will not adversely impact the surrounding area. 8. Will the proposed conditional use negatively affect the health, safety, welfare and morals of the general public? Staff feels the CUP request will not negatively affect the health, safety, welfare and morals of the public. . Recommendation: Staff recommends the Plan Commission Recommend the conditional use permit for the Blue Ribbon cell tower, located at 1011 Blue Ribbon Circle North as drafted. Submitted by: ____Jason Gallo_______________________________ Jason Gallo, AICP City Planner/Zoning Administrator 66 1 CONDITIONAL USE PERMIT 165’ Monopole Tower 1011 Blue Ribbon Circle North, City of Oconomowoc A petition having been filed by Keith Nyman, agent of Diamond Communications, Inc., as successor in interest to Verizon Wireless Personal Communications LP, d/b/a Verizon Wireless, for permission to construct a 165’ monopole tower, located at 1011 Blue Ribbon Circle North (tax key number OCOC 0635.999.028) in the City of Oconomowoc, Wisconsin 53066, requesting a conditional use permit, upon which there has been the following proceedings:  Preapplication meeting between the owner, the Zoning Administrator and appropriate City staff held on August 6, 2025 to discuss the site related plans.  Zoning Administrator determined that the application is complete as required by §17.806(4).  Zoning Administrator evaluation of the written justification for the conditional use and determination if the proposed conditional use is in harmony with the Master Plan of the City as required by §17.806(6)(a).  Plan Commission has adopted the memorandum report of the City Planner as the Plan Commission's report and has adopted the findings of fact set forth therein (Exhibit A).  Plan Commission has, by motion duly made, seconded and carried, at its regular Plan Commission meeting of October 8, 2025, recommended to the Common Council of the City of Oconomowoc that a conditional use be granted to Keith Nyman of Diamond Communications, Inc., to construct a 165’ monopole tower and accessory buildings at 1011 Blue Ribbon Circle North in the City of Oconomowoc.  Plan Commission has forwarded its report and recommendation to the Common Council for final action by the Council.  After due notice, a public hearing was held before the Common Council on October 21, 2025.  Common Council reviewed the Plan Commission's recommendations and the proposed written conditional use permit on October 21, 2025. The Common Council hereby accepts the Plan Commission's recommendation. The Common Council of the City of Oconomowoc does hereby make the following findings of fact and does hereby grant a conditional use permit to Keith Nyman, agent for Diamond Communications, Inc., to construct a 165’ Monopole Tower and accessory buildings at 1011 Blue Ribbon Circle North, subject to the conditions set forth below. FINDINGS OF FACT 67 2 The findings of fact listed in the Oconomowoc Planning Staff Report adopted as the City Plan Commission's report are hereby incorporated herein by reference. See Exhibit A. CONDITIONS 1. Plan of Operation. The plan of operation submitted by Keith Nyman, of Diamond Communications, Inc., received July 23, 2025, on file in the Office of the City Planner is hereby approved and is incorporated herein by reference. If any terms of the plan of operation conflict with provisions of this conditional use permit, the provisions of the conditional use permit shall control. 2. Site Plans. The site development plans, received July 23, 2025, and on file in the Office of the City Planner is hereby approved and incorporated herein by reference, including:  Development Application dated July 23, 2025  Plan of Operation, received July 23, 2025  Business Park Association approval letter, dated 9/16/25  Affidavit Sworn per 66.0404(2)(b)6, dated 7/14/25  Structural Support letter from Sabre Industries, dated 7/1/25  Memorandum of Ground Lease Agreement, undated  Site & Tower Plans packet consisting of 10 sheets 3. Subject Property. The conditional use permit issued to Keith Nyman, of Diamond Communications, Inc., as successor in interest to Verizon Wireless Personal Communications LP, d/b/a Verizon Wireless, hereafter referred to as the "applicant," shall be limited to the property described in the application known as 1011 Blue Ribbon Circle North, (tax key number OCOC 0635.999.028). 4. Supplemental Documents. It is understood that notwithstanding the fact that the Common Council has granted this Conditional Use Permit, it may be required by staff, Plan Commission and/or the Common Council that plans approved by this Conditional Use Permit be revised or that additional plans, reports, studies or documents be filed. This requirement may be by way of direction given at a Plan Commission or Common Council meeting or by written communication by City staff. In the event that revised or additional plans, reports, studies or documents are required, it is a condition of this permit that applicant file said documents within the time required. Filing shall be with the City Planner and City Clerk. The revised plans shall replace those approved in paragraph 2 hereof, and additional plans, reports, studies or documents shall be considered supplementary supporting documents for this permit. Applicant shall comply with revised or additional plans and all recommendations of the reports, studies or documents supplementing previously filed material. 5. Initially Approved Activities. The applicant may construct a 165’ monopole tower with a 4’ additional lightning rod for an overall height of 169’ that would allow for up to four (4) future carrier panel antennas arrays and up to four (4) detached ground based accessory buildings serving said tower. The facilities shall be placed on the building site in the manner illustrated on the tower elevation plan (sheet T-201) and the site plan / compound plan, (C-102) all prepared by Edge Consulting. There shall be no guy wires 68 3 installed for said tower. 6. Access. Access to the facility shall be provided via a 20’ wide access and utility easement from Blue Ribbon Circle North. 7. Fencing. The perimeter of the leased site area shall be fenced with security type fencing a minimum height of 6’ with 1’ above the fence consisting of three strands of barbed wire, with a lockable gate and Knox Box for access entry. 8. Lighting. There shall be no lighting used daily at the base of the tower structure, except a flood light may be installed that shall only be operated during emergency situations in the evening hours. 9. Landscaping. All landscaping shown on sheet L101 of the application, including (27) dark green arborvitae with a minimum planting size of 6’ shall be installed around the fenced area within 6 months from the date of the building permit. 10. Signage. All signage shall comply with the requirements of the City of Oconomowoc Zoning Ordinance. 11. Drainage. Stormwater discharged from the subject property shall not exceed the runoff level planned for the area. 12. Fire Protection. The applicant shall provide Knox Box Rapid Fire Entry key lock boxes as required by the Western Lakes Fire District. 13. Licenses. The applicant shall be required to obtain any and all required licenses and permits from the City, County, State and Federal government. If any license or permit is issued, any and all conditions of the same are incorporated herein and made a part of the conditional use permit. 14. Lawful Operation. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing in the conditional use permit shall be deemed to authorize any public or private nuisance or constitute a waiver, exemption or exception of any law, ordinance, order, or rule of the City of Oconomowoc or other duly constituted authorities. The conditional use permit shall not be deemed to constitute a building permit, nor shall the conditional use permit constitute any other license or permit required by law or City ordinance. 15. Federal, State, and Local Regulations. The applicant shall comply with all federal, state, and local regulations in the construction, operation, and maintenance of the proposed facilities. 16. Fees and Expenses. The applicant, upon issuance of the conditional use permit, shall reimburse the City for all expenses incurred in issuing the permit, including but not limited to, expenses for the City Engineer and City Attorney in approving and granting the conditional use permit. 69 4 17. Permit Transferability. This approved Conditional Use Permit is transferable to subsequent permit users provided said users conform to the conditions within this approved permit and the use is consistent with the approved plan of operation. A change in business name or ownership shall not be considered a substantive change and shall not require Plan Commission approval. 18. Plans. Applicant shall address all requirements listed in the letter setting forth city staff requirements sent to Keith Nyman, agent for Diamond Communications, Inc.. No building permit shall be issued until all concerns have been properly addressed. Applicant is required and must have all plans current, approved by the Plan Commission, and on file with the City Clerk and Planner. Any major amendment and/or major change in any plan, plan of operation or condition of this conditional use permit will require review by the Plan Commission with a public hearing, if such amendment or change will not substantively change the initial conditions the amendment or change may be approved by the Zoning Administrator without Plan Commission review. 19. Acceptance. The applicant, upon the granting of the Conditional Use Permit, shall agree to accept the same in writing. CITY OF OCONOMOWOC DATED: ______ By:__________________________ Robert P. Magnus, Mayor Attest:________________________ Gina Kozlik, Clerk ACCEPTANCE This conditional use is accepted, and applicant agrees to abide by the terms thereof. DC RE Holdings LLC Agent for Diamond Communications, Inc. By: __________________________ By: __________________________ Tom Kelenic Keith Nyman DC RE Holdings LLC 70 71 72 73 74 880' 879' 880' 873' 875' 879' 875' 875' 873' 880' 877' 882' 880' 877' 879' 877' 880' 880' 877' 873' 878' 880' 881' SA SA SA W SA SA STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - C-101 OVERALL SITE PLAN MERIDIAN 3. PROPERTY LINES SHOWN PER SURVEY COMPLETED BY: GOOGLE MAPS 2. AERIAL IMAGERY PER: 1. NORTH ARROW SHOWN AS APPROXIMATE. GENERAL NOTES: (THIS SHEET) SEE T-201 FOR DETAILS DESIGNED BY OTHERS; PROPOSED 165' MONOPOLE AND FENCED COMPOUND COMMUNICATIONS LEASE AREA PROPOSED 50' x 50' DIAMOND NORTH 050' 50' 50'22" x 34" - 1" = 100'11" x 17" - 1" = SCALE: 100' .W.O.R @ ENIL YTREPORP . Y LINE @ R.O.W ROPERT P . Y LINE @ R.O.W ROPERT P . Y LINE @ R.O.W ROPERTP Y LINE ROPERT P RIGHT-OF-WAY RIGHT-OF-WAY RIGHT-OF-WAY WISCONSIN VETERANS MEMORIAL HIGHWAY (I-94) BLUE RIBBON CIRCLE N. 50' BUILDING SETBACK 50' BUILDING SETBACK 25' BUILDING SETBACK KCABTES GNIDLIUB '05 POND RETENTION POND DRY TO RIGHT-OF-WAY PROPOSED BURIED UTILITIES, PER WI HISTORICAL SOCIETY BURIAL GROUND (WK-0166) APPROX. EXTENTS OF INDIAN NO. 12169 UTILITY EASEMENT PER C.S.M. EXTENTS OF EXISTING 10' WIDE ACCESS AND UTILITY EASEMENT DIAMOND COMMUNICATIONS EXTENTS OF PROPOSED 30' WIDE UTILITY EASEMENT DIAMOND COMMUNICATIONS EXTENTS OF PROPOSED 10' WIDE ACCESS AND UTILITY EASEMENT DIAMOND COMMUNICATIONS EXTENTS OF PROPOSED 30' WIDE NO. 3228951 UTILITY EASEMENT PER DOC. EXTENTS OF EXISTING 15' WIDE NO. 12169 UTILITY EASEMENT PER C.S.M. EXTENTS OF EXISTING 10' WIDE PER DOC. NO. 3016371 SEWER & WATER EASEMENT EXTENTS OF EXISTING 40' WIDE 129.3' 37.0' 632.8' SEE C-501 FOR DETAILS AND REPLACED BY BELGARD WALKWAY; TEMPORARY GRAVEL DRIVE TO BE REMOVED ALL CONSTRUCTION TRAFFIC; ACCESS DRIVE CAPABLE OF ACCOMMODATING CONTRACTOR TO INSTALL TEMPORARY GRAVEL FROM WATER MAIN 20' UTILITY SETBACK DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-101.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 75 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - C-102 ENLARGED SITE PLAN NORTH SEE T-201 FOR DETAILS DESIGNED BY OTHERS; PROPOSED 165' MONOPOLE 05' 5' 5'22" x 34" - 1" = 10'11" x 17" - 1" = SCALE: 10' 17'-0" 16'-0" 16'-0" 1'-0" 13'-0"24'-0"13'-0"3'-0"6'-0" PROPOSED 50'-0" DIAMOND COMMUNICATIONS LEASE AREA & FENCED COMPOUND 25'-0"25'-0"13'-7" PROPOSED 50'-0" DIAMOND COMMUNICATIONS LEASE AREA & FENCED COMPOUND LEASE AREA AND FENCED COMPOUND PROPOSED 50' x 50' DIAMOND COMMUNICATIONS AREA AND ACCESS ROUTE PROPOSED COMPOUND, TURNAROUND CONTRACTOR TO CLEAR & GRUB AROUND PROPERTY LINE WOODS WOODS WOODS GATE W/ SNOW GATE PROPOSED 16' WIDE VEHICLE ACCESS COMPOUND GRAVEL ROUTE ACCESS PERVIOUS LEASE AREA (300 SQ.FT.) FUTURE 30' x 10' ATT LEASE AREA (300 SQ.FT.) FUTURE 15' x 20' T-MOBILE 50' BUILDING SETBACK 50' BUILDING SETBACK UTILITY RACK PROPOSED MULTI-METER PROPOSED TRANSFORMER OPTIC VAULT PROPOSED FIBER PIPE BOLLARD (TYP.) PROPOSED CONCRETE FILLED TO RIGHT-OF-WAY PROPOSED BURIED UTILITIES, 25'-0"25'-0" CONCRETE PAD ON 4'-0" x 11'-0" EQUIPMENT CABINETS FUTURE VERIZON 15'-0" 3'-0" NO. 12169 UTILITY EASEMENT PER C.S.M. EXTENTS OF EXISTING 10' WIDE PROPOSED 30' TOWER FALL ZONE RADIUS 13'-0" 37'-0" 10'-0" CONCRETE PAD GENERATOR ON 4'-0" x FUTURE DIESEL AREA (360 SQ.FT.) VERIZON LEASE PROPOSED LEASE AREA (35 SQ.FT.) FUTURE 5' x 7' DISH ACCESS AND UTILITY EASEMENT DIAMOND COMMUNICATIONS EXTENTS OF PROPOSED 30' WIDE SEE C-501 FOR DETAILS AND REPLACED BY BELGARD WALKWAY; TEMPORARY GRAVEL DRIVE TO BE REMOVED ALL CONSTRUCTION TRAFFIC; ACCESS DRIVE CAPABLE OF ACCOMMODATING CONTRACTOR TO INSTALL TEMPORARY GRAVEL DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-102.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 76 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-103.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 0+00 N40°53'01.0"W 32.39 0+00.00 POB C-103 CONTROL PLAN GRADING AND EROSION 05' 5' 5'22" x 34" - 1" = 10'11" x 17" - 1" = SCALE: 10' SEE C-105 FOR GRADING NOTES.1. GENERAL NOTES: (THIS SHEET) A. SEE DETAIL C/ C-503 12'Wx30'Lx12" D STONE TRACKING PAD # KEYNOTES: (THIS SHEET) LEGEND: (THIS SHEET) SEE DETAIL B/ C-503 EROSION MAT; SEE DETAIL A/ C-503 SILT FENCE; PROPOSED DRAINAGE PATH SPOT ELEVATIONS PROPOSED CONTOUR GRADES EXISTING CONTOUR GRADES973' 973' E: 879.2' P: 880.2' NORTH E: 879.4' P: 880.1' E: 879.3' P: 880.0' E: 879.9' P: 879.9' 12% 12% 22%13% 2% 2% 2%2% LOT PARKING A 77 879' 880' 875' 873' 878' STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-104.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 1+00 C-104 CONTROL PLAN GRADING AND EROSION 05' 5' 5'22" x 34" - 1" = 10'11" x 17" - 1" = SCALE: 10' SEE C-105 FOR GRADING NOTES.1. GENERAL NOTES: (THIS SHEET) LEGEND: (THIS SHEET) SEE DETAIL B/ C-503 EROSION MAT; SEE DETAIL A/ C-503 SILT FENCE; PROPOSED DRAINAGE PATH SPOT ELEVATIONS PROPOSED CONTOUR GRADES EXISTING CONTOUR GRADES973' 973' E: 879.7' P: 880.5' NORTH E: 879.6' P: 880.4' E: 879.4' P: 880.3' E: 879.2' P: 880.2' 25%15% 2%2% 25% 25% 15% 15% 2%2% 33% A. # KEYNOTES: (THIS SHEET) DISTURBANCE; CONSTRUCTION ACTIVITIES TO AVOID CONTRACTOR TO INSTALL PRIOR TO ALL APPROX. 600'-0" TOTAL LENGTH; PROPOSED SILT FENCE BARRIER, A 78 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-109.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 5+00 N45°07'14.0"E N90°00'00.0"E 42.96 4.52 5+31.92POE C-109 CONTROL PLAN GRADING AND EROSION 05' 5' 5'22" x 34" - 1" = 10'11" x 17" - 1" = SCALE: 10' SEE C-105 FOR GRADING NOTES.1. GENERAL NOTES: (THIS SHEET) LEGEND: (THIS SHEET) SEE DETAIL B/ C-503 EROSION MAT; SEE DETAIL A/ C-503 SILT FENCE; PROPOSED DRAINAGE PATH SPOT ELEVATIONS PROPOSED CONTOUR GRADES EXISTING CONTOUR GRADES973' 973' NORTH E: 879.9' P: 881.0' PROPERTY LINE E: 879.7' P: 881.0' E: 879.7' P: 880.9' E: 879.6' P: 880.9' 2%2% PROPERTY LINE 25% 33%17% 17% 17% 17% 25% 25% 25% 17% 17% 25% 17% 25% E: 879.8' P: 880.8' A A. # KEYNOTES: (THIS SHEET) DISTURBANCE; CONSTRUCTION ACTIVITIES TO AVOID CONTRACTOR TO INSTALL PRIOR TO ALL APPROX. 600'-0" TOTAL LENGTH; PROPOSED SILT FENCE BARRIER, 79 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-110.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: N90°00'00.0"E 4.52 5+31.92POE C-110 CONTROL PLAN GRADING AND EROSION 05' 5' 5'22" x 34" - 1" = 10'11" x 17" - 1" = SCALE: 10' LEGEND: (THIS SHEET) SEE DETAIL B/ VB C-504 EROSION MAT; SEE DETAIL A/ VB C-504 SILT FENCE; PROPOSED DRAINAGE PATH SPOT ELEVATIONS PROPOSED CONTOUR GRADES EXISTING CONTOUR GRADES973' 973' SEE SURVEY FOR BENCHMARK LOCATIONS.10. AFTER PROJECT ACCEPTANCE. CONTRACTOR TO REMOVE EROSION CONTROL MEASURES 9. ESTABLISHMENT AND/OR PROJECT ACCEPTANCE. MAINTENANCE AND INSPECTION UNTIL FULL VEGETATION WHICH RESULTS IN RUNOFF. CONTRACTOR SHALL CONTINUE HOURS AFTER A PRECIPITATION EVENT 0.5 INCHES OR GREATER MANAGEMENT PRACTICES ON A WEEKLY BASIS AND WITHIN 24 INSPECT THE EROSION AND SEDIMENT CONTROL BEST THROUGHOUT CONSTRUCTION. THE CONTRACTOR SHALL EROSION CONTROL DEVICES AND EXPOSED GRADE CONTRACTOR TO PERFORM MAINTENANCE AND INSPECTION OF 8. GRAIN STRAW. PURITY AND 95% GERMINATION. MULCH TO BE WEED-FREE SEED TO CONSIST OF NATIVE PURE LIVE SEED (PLS) AT 98% TOPSOIL, SEED AND MULCH. TOPSOIL TO BE 6-INCHES MINIMUM. ALL DISTURBED GRASS/TURF AREAS SHALL BE RESTORED WITH 7. LONGEVITY, DOUBLE NET EROSION CONTROL BLANKET) GRAVEL SURFACE REQUIRE EROSION MAT (TYPE 2.D - 12 MONTH AND GRASS SURFACES WITHIN 6 FEET OF ANY PAVED OR FINISHED GRADE SLOPES GREATER THAN 4:1, DITCH BOTTOMS 6. POINT SHALL BE LESS THAN 10% (10:1). DRIVEWAY GRADE WITHIN 25 FEET OF PUBLIC ROAD ACCESS 5. POSITIVE DRAINAGE IN ALL AREAS. SLOPE THAN 3:1. FINISHED SITE TO BE GRADED TO MAINTAIN GRADE. NO PROPOSED EARTHWORK SHALL HAVE A GREATER CONTRACTOR SHALL GRADUALLY MATCH INTO EXISTING 4. DEVICES. PADS, DIVERSION BERMS AND/OR OTHER APPROPRIATE IMPLEMENTATION OF SILT FENCE, EROSION BALES, TRACKING SITE DURING CONSTRUCTION ACTIVITIES. THIS INCLUDES FOR THEIR MEANS AND METHODS TO KEEP ALL SEDIMENT ON MEASURES, BEYOND THOSE SHOWN IN THIS PLAN, SUITABLE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL 3. BREAKER STONE. TRACKING PAD SHALL BE A 12'X50' MIN. CONSISTING OF 3" INCLUDING CLEARING AND GRUBBING OPERATIONS. STONE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. PERIMETER CONTROLS AND STONE TRACKING PADS SHALL BE 2. CONTOUR INTERVAL IS 1 FOOT.1. GRADING NOTES: (THIS SHEET) NORTH 2%2% 2% E: 879.9' P: 880.3' E: 880.2' P: 880.3' PROPERTY LINE PROPERTY LINE E: 880.1' P: 880.3' E: 879.8' P: 880.7' E: 880.2' P: 880.3' E: 879.8' P: 880.7' E: 879.9' P: 880.8' E: 879.8' P: 880.8' E: 879.6' P: 880.9' E: 879.9' P: 880.9' T.O.C.: 881.4' E: 879.8' P: 880.5' E: 879.9' P: 880.5' 17% 17% 2% 2% 2% 20% 17% 17% 20% 20% 25% 25% 2%2% A. # KEYNOTES: (THIS SHEET) DISTURBANCE; CONSTRUCTION ACTIVITIES TO AVOID CONTRACTOR TO INSTALL PRIOR TO ALL APPROX. 600'-0" TOTAL LENGTH; PROPOSED SILT FENCE BARRIER, A 80 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - C-502 FENCE DETAILS STEEL POST (TYP.) SCH 40 GALVANIZED CONCRETE FINISH PITCH / CROWN FINISHED GRADE EXISTING SUBGRADE USE SONOTUBE TO FORM 18" DIA. CONCRETE FOUNDATION (6) #4 EQUALLY SPACED (3) #3 TIES @ 18" O.C. 18" (TYP.) SEE NOTE 3 B FENCE POST PIER FOUNDATION FOUNDATION DEPTH TO EXCEED LOCAL FROST DEPTH, OR 48" MINIMUM.3. CONCRETE MIX TO BE 4,000 PSI @ 28 DAYS.2. MAINTAIN 3" MINIMUM REBAR COVER WITH CONCRETE IN ALL DIRECTIONS.1. NOTES: C REFER TO SPECIFICATIONS FOR REQUIREMENTS ANTENNA STRUCTURE REGISTRATION (ASR) SIGNAGE WEATHER-RESISTANT AND OF SUFFICIENT SIZE TO BE EASILY SEEN WHERE POSTED. MATERIALS USED TO DISPLAY THE ANTENNA STRUCTURE REGISTRATION NUMBER MUST BE 3. THE BASE OF THE ANTENNA STRUCTURE ALONG A PUBLICLY ACCESSIBLE ROADWAY OR PATH. IS CONSPICUOUSLY VISIBLE AND LEGIBLE FROM THE PUBLICLY ACCESSIBLE AREA NEAREST THE ASR NUMBER SHALL BE POSTED ON THE PERIMETER FENCE OR ACCESS GATE SO THAT IT 2. THE ANTENNA STRUCTURE REGISTRATION NUMBER SHALL BE DISPLAYED PER 47 CFR 17.4 (g).1. GENERAL NOTES: ACCESS GATE Facility Name: Contact: ASR Number: DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\C-502.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: A REFERENCE NOTES: (THIS SHEET) B C D E F G H I J K L M N O P Q R 4'-0" 3" CLEAR B P A E Q K J L O M H I N G D F UNDISTURBED SOILS C R 7'-0" 1'-0"6'-0" 16'-0" DOUBLE-SWING ACCESS GATE WITH 3'-0" WIDE SNOW GATE10'-0" MAXIMUM SPACING 7'-6" 7'-6" A COMPOUND FENCE VERTICAL GATE BRACES 1-1/4" (1.66" O.D.) SCH. 40 GALV. STEEL HORIZONTAL AND 1-1/2" (1.9" O.D.) SCH. 40 GALV. STEEL FENCE GATE FRAME TENSION WIRE 3/4" TENSION BAND (TYP.). FENCE FABRIC 3/16" x 3/4" STRETCHER BAR; TO EXTEND FULL HEIGHT OF 5/16" O.D. TRUSS ROD WITH TRUSS TIGHTENER ASSEMBLY OFFSET BRACE RAIL ENDS FOR MID BRACE RAIL S S 6" x 6" HANDHOLE FOR CHAIN LOCK SELVAGE AND KNUCKELD BOTTOM SELVAGE #9 GAUGE GALV. CHAIN LINK FENCE FABRIC WITH TWISTED TOP (3) STRANDS OF 4 PT. GALV. BARB WIRE 45° BARB ARM FENCE POST CAP VERIFY REQUIREMENTS WITH FENCE MANUFACTURER GATE LATCH; MALLEABLE BUTT HINGES (TYP.) TH IS SPACE IN TEN TIO N ALLY LEFT BLAN K 1-1/4" (1.66" O.D.) TOP RAIL & MID BRACE RAIL PIPE FENCE POST CAP (SIZE VARIES) LINE POSTS SHALL BE EQUALLY SPACED AT MAXIMUM 10'-0" O.C 2" (2-3/8" O.D.) SCH. 40 GALV. STEEL INTERMEDIARY LINE POSTS; SEE DETAIL BELOW CONCRETE PIER FOUNDATION AT CORNERS AND GATE; 4" (4-1/2" O.D.) SCH 40 GALV. STEEL CORNER POST 4" (4-1/2" O.D.) SCH. 40 GALV. STEEL GATE POST 81 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - L-101 LANDSCAPE PLAN NORTH MIN. PLANTING SIZE = 6' Height Thuja occidentalis 'Nigra' (27) DARK GREEN ARBORVITAE LEGEND: (THIS SHEET) COMPOUND AND TO THE ADJACENT DRAINAGE AREA. PRUNING OF LANDSCAPE TREES TO PROVIDE ACCESS AROUND ESTABLISHMENT, AND DURING DROUGHT CONDITIONS; AND SHEARING/ TRUNK FOR A MIN. 30 MINUTES PER PLANT UNTIL FINAL ROOT MINIMUM ONCE PER WEEK WITH A HOSE ON TRICKLE AT THE BASE OF THE MAINTENANCE TO INCLUDE WATERING OF NEWLY PLANTED TREES AT 10. PLANTING. UTILIZED PER THE MANUFACTURERS RECOMMENDATIONS AT THE TIME OF A ROOT STIMULATOR SUCH AS HI-YIELD OR EQUIVALENT SHALL BE 9. CLAYEY SOILS. PLANTED TREES IF THE NATIVE SOIL CONSISTS OF SANDY LOAMS OR MOSS AND/OR MANURE TO ENSURE ROOT ESTABLISHMENT OF NEWLY AMEND NATIVE SOIL AS REQUIRED WITH ORGANIC MATTER SUCH AS PEAT 8. LANDSCAPE PLANTING. WITHIN THE PLANTING AREAS SHALL BE LOOSENED PRIOR TO ALL ALL DISTURBED SOILS LOCATED ADJACENT TO THE COMPOUND AND/OR 7. UNDERGROUND UTILITIES, CONTACT DIGGERS HOT LINE LISTED ON G-001. COMPANIES SHOULD BE CONTACTED. FOR EXACT LOCATION OF BEFORE LANDSCAPE TREES ARE PLANTED, APPROPRIATE UTILITY 6. THE CLIMATIC VARIATION OF THE LOCAL REGION. FROM A LOCAL NURSERY WITH PLANT STOCK THAT ARE ACCLIMATED TO ALL PROPOSED LANDSCAPE TREES AND SHRUBS SHALL BE PURCHASED 5. ROCK OUT AS MUCH AS POSSIBLE FOR PROPOSED CONSTRUCTION. MINIMIZE DISTURBANCE TO EXISTING SITE TREES, PLANTS AND NATURAL 4. SOIL EROSION ALL EXPOSED AREAS SHALL BE PROTECTED AGAINST WASHOUTS AND 3. PLANT ON A RAISED BED TO ENSURE PROPER DRAINAGE.2. PLANT CONTAINER OR BALLED-AND-BURLAPED PLANTS IN SPRING OR FALL.1. NOTES: (THIS SHEET) 05' 5' 5'22" x 34" - 1" = 10'11" x 17" - 1" = SCALE: 10' A CONIFEROUS TREE PLANTING 12" MIN. RUBBER HOSE AT BARK PINE BARK OR WOOD CHIPS 3" MIN. OF MULCH; ANCHOR FIRMLY WOODEN SUBSTITUTE ; T-RAIL IRON STAKE OR ACCEPTABLE TREE TRUNK ON SIDE OF PREVAILING WIND; LOCATE ANCHOR STAKE 18" AWAY FROM PLACE ON SUBGRADE PEDESTAL PREVIOUS GRADE; TO FINISHED GRADE AS IT BORE TO SAME RELATION (OR SLIGHTLY ABOVE) CROWN OF ROOT BALL SHALL BEAR USE PREPARED SOIL 6" MIN. SOIL SAUCER WITH TOPSOIL; SHALL BE TOTALLY REMOVED NON-BIODEGRADEABLE MATERIAL OF BURLAP;3 1TOP FOLD DOWN OR CUT AND REMOVE PREPARED SUBSOIL PEDESTAL SUBSOIL BACKFILL TOPSOIL MIX OR CLEAN 4'-0" O.C. (TYP.) PROPERTY LINE SCREENING TREES @ 4' O.C. (TYP.) (27) PROPOSED LANDSCAPE DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\L-101.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 82 STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - T-201 SITE ELEVATION A SITE ELEVATION 22" x 34" - 1" = 10'-0" SCALE: 11" x 17" - 1" = 20'-0" PROPOSED 165' MONOPOLE COMPOUND PROPOSED FENCED APPURTENANCES ABOVE TOP OF ALL OTHER LIGHTNING ROD TO EXTEND 2' MIN. ANTENNAS FUTURE VERIZON TOP OF PROPOSED MONOPOLE STEEL @ 165.0' AGL TOP OF PROPOSED LIGHTNING ROD (MAX APPURTENANCE) @ 169.0' AGL PANEL ANTENNAS FUTURE CARRIER PANEL ANTENNAS FUTURE CARRIER PANEL ANTENNAS FUTURE CARRIER DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\T-201.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 83 DIAMOND COMMUNICATIONS LEASE AREA APPROXIMATE LOCATION OF PROPOSED THROUGH PARKING LOT PROPOSED ACCESS ROUTE PROPOSED ACCESS DRIVE APPROXIMATE LOCATION OF UTILITIES OF PROPOSED BURIED APPROXIMATE LOCATION STAM P AN D SIG N ATU RE SEE G -001 FO R EN G IN EER'S - APPROVED - R-901 SITE PHOTOS A EXISTING ACCESS DRIVE (THROUGH PARKING LOT) B DC SITE OVERVIEW PROPOSED ACCESS DRIVE AND UTILITY ROUTING PROPOSED LEASE AREA LOCATION DATE: DESCRIPTION: SUBMITTAL: INT. SHEET NUMBER I:\43300\43346\Design\CAD\CD\Plot\R-901.dgn TAS 09/19/25 CONSULTANT: CLIENT: www.edgeconsult.com 608.644.1549 FAX 608.644.1449 VOICE PRAIRIE DU SAC, WI 53578 624 WATER STREET OCONOMOWOC, WI 53066 SITE ID NUMBER: WI068 SITE NAME: BLUE RIBBON REV. A S17280 BY CHECKED TYPE SET 43346 APK PROJ. # EDGE SITE ID EDGE FINAL TAS 12/16/25 REV. B TAS 02/10/26 REV. 0 STATE OF WISCONSIN. UNDER THE LAWS OF THE PROFESSIONAL ENGINEER THAT I AM A DULY LICENSED NOTED IN THE SHEET INDEX, AND OTHER THAN THE EXCEPTIONS UNDER MY DIRECT SUPERVISION SET WAS PREPARED BY ME OR I HEREBY CERTIFY THAT THIS PLAN ENGINEER SEAL: 84 PHOTO SIM NOTES: 1. interpretation of the general appear - ance of the proposed installation. each simulation is based on the scaling crite- ria or assumptions identified. 2. the final design and dimensions were not available at the time this simulation was prepared. therefore, a typical tow- er/antenna of similar size was used for simulation purposes. 3. an object of known height was not available for reference in the direct vicinity of the tower location, limiting reliability of the height interpretation. 4. the horizon line at the proposed tow- er base is not visible; a horizon line has been estimated at the tower base for the photo simulations. 5. photo simulations generated using a similar tower of similar height at a similar distance; artistic interpretations used to estimate the approximate tower size and appearance. 6. the difference in elevation between the photograph location and tower lo- cation has been taken into consideration. 7. topographical features between the photograph location are interpreted as best as possible. visibility of the tower will be drastically reduced within areas of mature vegetation and valleys and increased within large open fields at higher elevations. 8. a structural analysis was not includ- ed in the scope of work for the included photo simulations. equipment & mount- ing depicted is for aesthetic & location approval only. proposed 165’ monopole 624 water street prairie du sac, wi 53578 608.664.1449 voice 608.664.1549 fax www.edgeconsult.com SITE INFORMATION: site name: blue ribbon circle site number: wi068 location: oconomowoc, wi edge project #: 43346 alp 09/26/25 rev. 0 int. date description 1 4 3 2 85 06/24/2019s 1 EXISTING CONDITIONS PHOTO TAKEN: 09/23/25 proposed 165’ monopole 624 water street prairie du sac, wi 53578 608.664.1449 voice 608.664.1549 fax www.edgeconsult.com SITE INFORMATION: site name: blue ribbon circle site number: wi068 location: oconomowoc, wi edge project #: 43346 PHOTO SIMULATION 1 photo location: photo is taken from the north side blue ribbon circle facing west int. date description alp 09/26/25 rev. 0 86 06/24/2019s 1 EXISTING CONDITIONS PHOTO TAKEN: 09/26/25 624 water street prairie du sac, wi 53578 608.664.1449 voice 608.664.1549 fax www.edgeconsult.com SITE INFORMATION: site name: blue ribbon circle site number: wi068 location: oconomowoc, wi edge project #: 43346 PHOTO SIMULATION 2 photo location: photo is taken from the east side of n dousman rd facing east int. date description alp 09/26/25 rev. 0 proposed 165’ monopole 87 06/24/2019s 1 EXISTING CONDITIONS PHOTO TAKEN: 09/23/25 624 water street prairie du sac, wi 53578 608.664.1449 voice 608.664.1549 fax www.edgeconsult.com SITE INFORMATION: site name: blue ribbon circle site number: wi068 location: oconomowoc, wi edge project #: 43346 PHOTO SIMULATION 3 photo location: photo is taken from the west edge of the parking lot at 1185 corporate center dr int. date description alp 09/26/25 rev. 0 proposed 165’ monopole 88 06/24/2019s 1 EXISTING CONDITIONS PHOTO TAKEN: 09/23/25 624 water street prairie du sac, wi 53578 608.664.1449 voice 608.664.1549 fax www.edgeconsult.com SITE INFORMATION: site name: blue ribbon circle site number: wi068 location: oconomowoc, wi edge project #: 43346 PHOTO SIMULATION 4 photo location: photo is taken from the west side of summit ave facing west int. date description alp 09/26/25 rev. 0 proposed 165’ monopole 89 T:\Forms\Development_Application_2021.docx April 2021 Development Application Department of City Planning 174 E. Wisconsin Avenue Oconomowoc, WI www.oconomowoc-wi.gov | 262.569.2166 This form is not valid unless signed by Owner or Agent under a written power-of-attorney (please provide). I, Owner/one of the Owner’s of the property, declare that this application (including any accompanying documents) has been examined by me and to the best of my knowledge and belief is true, correct and complete. I further accept all liability, which may be a result of the City of Oconomowoc relying on this information I am providing in this application. X Description Administrative Fee Administrative Design Review $ 75.00 Major Design Review $ 75.00 Conditional Use Permit $ 500.00 Zoning Determination Letter $ 100.00 Temporary Use Permit $ 75.00 Temporary Use Permit - Renewal No Charge Variance $ 425.00 Special Exceptions $ 425.00 Appeals of Zoning Administrator $ 300.00 Zoning Map Amendment (From _____ To _____) $ 425.00 Zoning Text Amendment $ 425.00 Comprehensive Plan Amendment $ 300.00 Planned Development District Step 1: Pre-application Conference No Charge Step 2: Concept Plan Review $ 75.00 Step 3: General Development Plan Review $ 200.00 Preliminary or Final Plat Review $ 75.00 Certified Survey Map or Extraterritorial Plat/CSM Review $ 75.00 - Food Trucks / Mobile Food Shops Temporary, for each truck / shop at that specific location Initial permanent, for each truck / shop at that specific location Annual renewal for each permanent food truck / shop at that specific location - $ 500.00 $ 1,000.00 $ 450.00 *NOTE: Administrative filing fees are due at the time an application is filed with the City Clerk’s Office and are not refundable. In addition to the Administrative fees, City Staff time (City Engineer, City Planner & City Attorney) will be charged back to the applicant. The Applicant will receive monthly invoices of payments due. Date: Project/Business Name: Address/Location: City, State, Zip Code: Proposed Use of Property: Applicant: Property Owner: Address: Address City/State/Zip City/State/Zip: Phone: Phone: E-mail: E-mail: Signature: Signature: 90 91 92 Diamond Communications LLC Mountain Avenue Springfield, NJ 07078 Mr. Jason Gallo Planning Department City Planner / Zoning Administrator Phone: (262) 569-2166 jgallo@oconomowoc-wi.gov RE: Conditional Use Permit Application Submittal / Diamond Communications LLC and Verizon Wireless New Monopole Communications Site located at 1011 Blue Ribbon Cir N., Oconomowoc, WI 53066 (TaxKey: OCOC0635999028) LOT 1 CSM #12169 VOL 124/250 REC AS DOC #4582336 BEING DIV PT PARCEL 3 CSM #9598 PT NW1/4, NE1/4 & SE1/4 OF SW1/4 SEC 15 T7N R17E Dear Mr. Gallo, As discussed previously, Diamond Communications LLC and Verizon Wireless respectfully request the review and issuance of a Conditional Use Permit for the construction of a wireless communications tower facility located at the parcel noted above. The application request and proposed facility meet the guidelines as set forth in Wis. Stat. Sect. 66.0404. Included in this package are the following: • Petition for Conditional Use Application Form • RF Sworn Statement • Search Area Map • Plan Set (11 x 17 pdf formatted) including installation detail and fence requirements. • City Zoning Ordinance information The application procedures for a new wireless communications tower are found at Wis. Stat. Sect.66.0404(2)(b) and list six (6) requirements for a completed application. This application reflects those requirements. • Below is a narrative on the State’s six (6) requirements, including the specific project information and any required responses provided in the text below 1. The name and business address of, and the contact individual of, the applicant. Applicant(s): Contact Individual: Diamond Communications LLC Keith A. Nyman (Agent) Attn: Jesse Leitzke Nyman Real Estate & Appraisal 120 Mountain Avenue 316 Water Street Springfield, NJ 07078 Lake Mills, WI 53551-134 414-704-5375 Verizon Wireless Personal Communications LP d/b/a Verizon Wireless 1701 Golf Road, Tower 2, Suite 400 Continental Towers Rolling Meadows, IL 60008 93 2. The location of the proposed support structure. NW portion of 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 (TaxKey: OCOC0635999028) 3. The location of the proposed mobile service facility. NW portion of 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 (TaxKey: OCOC0635999028) Diamond Communications LLC proposes to construct a 165’ monopole plus a 4’ lightning rod for use by Verizon Wireless Personal Communications LP d/b/a Verizon Wireless in the northwesterly portion of the property, behind the Wisconsin Brewing Company Park - (WBC Park); home of the Lake Country DockHounds improvements. This new tower structure will be located within a proposed 50-foot by 50-foot Lease Area as depicted in the enclosed Survey and Construction Drawings. Verizon Wireless will locate its antennas and equipment upon the tower at the 160’ centerline. Verizon will route their fiber/coaxial/cabling through the interior of the tower, install equipment cabinets and an at-grade generator on concrete pad near the base of the tower structure, all within the Diamond Communications LLC 50’ x 50’ lease area. The monopole tower and compound are designed to accommodate at least three (3) additional wireless telecommunications Carriers with associated equipment installations. 4. If the application is to substantially modify an existing support structure… The application is for a new monopole therefore the submittal requirements of this section are not applicable. 5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile services support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure. See the enclosed construction drawings depicting the proposed Diamond Communications LLC and Verizon Wireless installations containing the above-described information. 6. If the application is to construct a new mobile service support structure, an explanation as to why the application chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has the responsibility over the placement of the mobile service support structure attesting that collocation within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. Within the Verizon Wireless search ring as depicted in the enclosed I94 Summit RF Affidavit dated 071525 Search Ring Map, there are no existing structures available for collocation by Verizon Wireless at a height that is feasible for their needs. Verizon Wireless is currently located at 965 Cannon Gate Road, TaxKey: OCOC0609994014 (Ski Hill #2) to the North, Cushing Biz Park (TaxKey: DELC0794017004) atop a WE Energies Utility Pole just North of Interstate 94 to the East, a Crown Castle owned Cell Tower north of W. Ottawa Avenue in Dousman (TaxKey: DOUV1594962), and 2953 N. Golden Lake Road, (TaxKey: SUMT0645999), to the northwest. These four towers are the closest towers within the proximity of the proposed Tower at 1011 Blue Ribbon Cir N. Also enclosed in the application materials is a sworn statement from Md Toufikul Islam, Engineer II Cslt-Radio Frequency Global Network and Technology for Verizon Wireless, who is the Engineer assigned to this Site, attesting to the fact that collocation is not feasible for this location as there are no existing structures within the Verizon Wireless Search Area that could be utilized for collocation. 94 ADDITIONAL DISCUSSION This is a joint application for a proposed new communications tower facility which will be owned by Diamond Communications LLC, a national owner and operator of wireless communications infrastructure; and an antenna and equipment installation upon this new communications tower facility by its proposed initial Tenant, Verizon Wireless. It is not uncommon for wireless telecommunications service providers to engage the services of a tower company to construct, own, and operate the infrastructure upon which they desire to locate their equipment. In this case, Verizon Wireless requires the Site to meet their service needs for the defined search area, and have engaged Diamond Communications LLC to participate as the Tower Developer/Owner for the project. As described above, the proposed project is for the construction, installation, and operation of an unmanned wireless tower communications facility upon the property located at 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 (TaxKey: OCOC0635999028). This facility will consist of Verizon Wireless antennas and equipment to be mounted at the 160’ centerline, on a newly constructed Diamond Communications LLC owned 165’ tall monopole tower, plus a 4’ lightning rod, with associated fiber/coaxial/cables running down the interior of the tower, with equipment cabinets and exterior backup power generator placed upon a concrete pad near the base of the tower, all within a 50’ x 50’ fenced compound as shown in the enclosed plans. Also, a 20’ foot wide access and utility easement and additional 10’ wide utility easement will be utilized to serve the Tower Site, coming from the public right of way of Blue Ribbon Circle N., and into the existing auxiliary paved parking lot on the property. This Conditional Use Permit will provide a great benefit in that it will allow for the improved provisions of the highest quality and most technologically advanced wireless communication services to the area, including residential and commercial buildings along with traffic along Interstate 94 and Hwy. 67. This site is expected to meet the growing wireless needs of the surrounding businesses and homes in the area. The Wisconsin Brewing Company Park and their various events, Wisconsin Harley-Davidson, which provides motor cycle sales and training, in addition to sponsoring an annual Harley Davidson event that draws nationwide attendance will benefit from this installation. In addition, superior coverage will be provided to nearby existing industrial/warehouse, manufacturing and commercial facilities(Staybridge Suites Milwaukee West-Oconomowoc by IHG, Aurora Medical Center Health & Wellness Campus, ProHealth Medical Group Oconomowoc, White Stone Community Church, Hope Church, Fleet Farm, Winnesota Cold Chain Services, and Roundy's Supermarkets Distribution Warehouse), and facilities currently or soon to be under construction within the Pabst Development (HSA Commercial at 1000 Blue Ribbon Circle North, Stor-It Right Oconomowoc, Wis-Pak HQ, Pabst 59 Tech Hub/Multi-family, Costco, Marcus Corporation), to name a few. The conditional use, in its proposed location and as depicted on the Site Plan, will not result in a substantial or undue adverse impact on nearby properties, the character of the neighborhood, create an adverse environmental factor, undue traffic factors, parking issues, public improvements, public property or right-of-way, or other matters affecting the public health, safety, or general welfare and morals of the general public. Besides the services which will be provided by Verizon Wireless, the tower facility has been designed so that it will be available for at least three (3) additional comparable antenna and equipment installations. Multiple company collocations on its infrastructure is the core of Diamond Communications business and they actively market their portfolio of towers to all communications users. The Site shall conform to all applicable ANSI/TIA 222-I, FCC, and FAA regulations and standards governing such facilities. A Determination of No Hazard from the Federal Aviation Administration and an Aeronautical study from the Federal Communications Commission has been provided. FCC license and registration is not required as the tower will be less than 200’ tall. The proposed facility will not require any public participation or result in any public cost for public facilities and services which would be detrimental to the economic welfare of the community. In fact, the wireless communication services offered by Verizon Wireless are desired by both businesses and 95 individuals and will be an economic asset to the community. The enhanced E-911 services provided by facilities such as these will also assist in the protection of the public health, safety, and welfare of the community by minimizing emergency response times for automobile accidents, incidents on the Interstate, highways and other ambulatory and fire responses for the area due to the superior services offered. The equipment will operate continuously at this unmanned facility and will require no additional parking or facilities for employees. Verizon Wireless Cell Site Technicians will visit the site periodically, typically a couple hours per month, for the testing and monitoring of the maintenance and security of its equipment. Diamond Communications personnel will also visit the site periodically to monitor the maintenance and security of the facility. The facility will not generate any substantial traffic, and besides the new tower structure, the remainder of the equipment has a minimal visual impact and generates very little noise. This site is located in the GC-General Commercial Zoning District and has been positioned upon the underlying parcel in location to best conform to the current use of the underlying property. The location of the proposed tower upon the property is set back from the nearest property lines and designed to collapse within the subject property in the event of structural failure. If the tower collapses it has a designed breakaway point and would collapse upon itself, as noted in the Fall Zone letter provided by Sabre Industries. I appreciate your time and consideration related to this matter. Should you have any additional questions, concerns or requirements while reviewing the submittal package, please do not hesitate to contact me at your earliest convenience at (414) 704-5375 or e-mail me at keith@keithnyman.com. Respectively, Keith A. Nyman – Agent Nyman Real Estate & Appraisal On behalf of Diamond Communications LLC Verizon Wireless 96 97 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI53066 RF Affidavit AFFIDAVIT Sworn Statement of Need For a New Mobile Service Support Structure for I94_Summit located at 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 In Support of New Tower Construction Pursuant to Wis. Stat. §66.0404 STATE OF WISCONSIN § COUNTY OF WAUKESHA § BEFORE ME, the undersigned authority, this day personally appeared Md Toufikul Islam, who being by me first duly sworn, on oath says as follows: 1. My name is Md Toufikul Islam. I am an Engr II Cslt-Radio Frequency Global Network and Technology for Verizon Wireless (“Verizon”) in the Illinois/Wisconsin Market. As a radio frequency specialist, I am trained to identify gaps in coverage in wireless communications systems and to assess the ability of proposed antenna sites to remedy gaps in signal coverage. 2. Verizon is a federally licensed provider of wireless communications services with a national footprint. 3. Verizon will locate its personal wireless service equipment on this proposed tower and in the proposed ground equipment area. The proposed facilities are located within areas where Verizon has identified a need to install a wireless telecommunications facility in order to provide reliable wireless service. The search area for the proposed facility was determined by the need for improved reliable in-building and in-vehicle coverage near Aurora Medical Center Summit, the Harley Davidson Showroom, local hotels, and other nearby destinations (“Gap Area”). The proposed facility will also improve data speeds and connectivity for daily commuters and local businesses/residences and improve service for emergency service providers and 911 calls in the Gap Area. Furthermore, the location of the proposed facility was chosen carefully by Verizon’s radiofrequency engineers so that the new facility will seamlessly fit in with Verizon’s existing and planned facilities in the surrounding area. Wireless facilities must be carefully placed in precise locations in order to allow for the hand­ off of phone calls from one facility to another as customers travel through the area. If facilities are placed too far apart, calls will drop instead of being transferred from one tower to another. If towers are placed too close together, it could cause interference and degrade service quality. 4. The proposed tower location has been carefully chosen to meet the specific network requirements of the Gap Area. Although there are existing towers located in the general area, all of these towers are located too far outside of Verizon’s search ring and therefore are not capable of providing the coverage and capacity that Verizon needs in the Gap Area. If Verizon was forced to utilize only the existing towers in the general area, it still would have a significant gap in service in the Gap Area and would be prohibited from serving its customers Page 1 of9 98 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI53066 RF Affidavit there. A gap in service can result in the inability to adequately transmit or receive calls, failed data connection attempts, and dropped calls. 5. National statistics compiled by the FCC indicate that more than 80% of E-911 calls to police and fire departments are now made using wireless phones. That percentage grows each year. A U.S. Government Semi-Annual Report on Wireless Substitution shows that as of December 2022, 72.6% of adults and 81.9% of children lived in wireless-only households, meaning that those households rely exclusively on wireless service for essential communications, including calls to emergency service providers. The communications services Verizon provides therefore are essential to the individuals and businesses that are located in the Gap Area, and the growing service gap will become a significant public safety risk if it is not remedied soon. 6. The proposed tower will provide needed coverage and capacity to the surrounding commercial, recreational, and residential developments around the proposed site, but only if Verizon can install its equipment at the necessary height. In order to ensure that the proposed facility will function seamlessly with Verizon’s existing network, the minimum antenna centerline height necessary to meet Verizon's radio frequency coverage and capacity objective is 160 feet. This proposed tower height is the minimum needed to substantially accomplish Verizon's radio frequency goals in the area while minimizing any aesthetic impact to the community. If the facility is limited to a lower height, another facility will be needed in the near future to address the remaining service gap. Further, the proposed tower is designed to accommodate the equipment of up to three carriers, which means that two other carriers who may need additional coverage in this area in the future will be able to collocate on the proposed facility instead of building an additional tower. 7. Exhibit A is a true and accurate simulation of Verizon’s existing radio frequency coverage in the area of the proposed site. Exhibit B is a true and accurate simulation of radio frequency coverage of the proposed site with Verizon’s antennas installed at 160’ on a 165’ standard monopole (with the highest point being 169’ at the tip of a 4’ lightning rod). A comparison of Exhibits A and B demonstrates the improved coverage and capacity that the proposed facility will provide to the Gap Area. The proposed facility will also offload traffic from surrounding facilities that are currently at or near capacity, so service will improve to the areas surrounding those existing sites as well. 8. Natural and man-made features such as large buildings, hills, trees, and ridge lines all affect the way a signal travels and can distort or obstruct radio signals. Radio signals will either bounce off, bounce back or be absorbed by these obstructions. These consfraints severely limit the suitability of sites for purposes of remedying a service gap. 9. Exhibit D is a true and accurate representation of the search ring provided by Verizon. The new facility must be located within the search ring area in order to remedy the service gap in the Gap Area. The search ring center is shown in Exhibit D and depicted as the red pin and the search ring is depicted by the red circle. The location of the proposed tower is shown in Exhibit D and depicted by the green pin. 10. We have performed an FCC Antenna Structure Registration Search for a quarter-mile radius Page 2 of 9 99 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI53066 RF Affidavit around the coordinates of the proposed site. The results of this search are attached and incorporated herein by reference as Exhibit E. There were no towers within the search radius to meet the coverage objective. This additional evidence further demonstrates the need for the proposed tower. Page 3 of 9 100 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI53066 RE Affidavit Dated this 14 day of July, 2025, Md Toufikul Islam Engr H Cslt-Radio Frequency Global Network and Technolog y Verizon Wireless /Notary Public, My commission expires: 7^22 State of: County of: 1 SHARON A PETRIELLI ' Official Seal i Notary Public • State of Illinois , My Commission Expires Jul 22, 2025 > W UR W W Page 4 of 9 101 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 RF Affidavit EXHIBIT A To Affidavit of Md Toufikul Islam See attached Propagation Map showing Current Coverage with Existing Antennas Existing Coverage ■ Reliable ln-Re$lden<e | Unreliable ln-Re$iden<e Unreliable In-Vehlde/Reliable On-Street Page 5 of 9 102 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 -I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 RF Affidavit EXHIBIT B To Affidavit of Md Toufikul Islam See attached Propagation Map with Proposed Monopole, Antennas at 160’ and Current Coverage with Existing Antennas Composite Coverage I94_SUMMIT ■ Reliable In-Re$idence i | Unreliable in.Reudenee Unreliable In-Vehicle/Rebable On-Street Page 6 of 9 103 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI53066 RF Affidavit EXHTBIT c To Affidavit of Md Toufikul Islam Project Objectives Summary: As shown in the propagation maps, Verizon Wireless does not have good in building coverage in this area. A new site is needed at the proposed location to bridge this service gap the current candidate is the most feasible candidate to meet the connectivity and coverage goals Project Objectives: * Provide enhanced coverage that will support Emergency Services and Public Safety • Improve Indoor and in-vehicle coverage ■ Improve data connectivity and speed for daily commuters and local businesses/rcsidences Page 7 of 9 104 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 RF Affidavit EXHIBIT D To Affidavit of Md Toufikul Islam 0.25 Mile Search Radius Map: From RF Search Center Center of RF1 0.25 Mile Search Ring: Red Pin, Red Circle Page 8 of 9 105 Diamond Communications LLC WI068 - Blue Ribbon Verizon MDG ID 5000970057 - I94_Summit 1011 Blue Ribbon Cir N, Oconomowoc, WI 53066 RF Affidavit EXHIBIT E To Affidavit of Md Toufikul Islam FCC Antenna Structure Registration Study Results Center of RF Quarter-Mile Search Ring: Exhibit D Red Pin, Red Circle Latitude: Longitude: 43° 03' 44.57" North (43.062380°) 88° 28' 17.41" West (-88.471504°) Proposed tower location: Exhibit D Green Pin Latitude: 43° 04’ 06.40” North (43.068444°) Longitude: 88° 28’ 36.50” West (-88.476806°) Tax Key: OCOC0635999028 Jurisdiction: City of Oconomowoc Existing tower locations: Exhibit D Blue Stars No FCC Registered Existing towers within 0.25 mile (0.4 kilometers): Page 9 of 9 106 107 108 109 110 111 112 /g94/g258/g271/g396/g286/g3/g47/g374/g282/g437/g400/g410/g396/g349/g286/g400/g853/g3/g47/g374/g272/g856/g3/g891/g3/g1011/g1005/g1004/g1005/g3/g94/g381/g437/g410/g346/g271/g396/g349/g282/g336/g286/g3/g24/g396/g349/g448/g286/g3/g891/g3/g94/g349/g381/g437/g454/g3/g18/g349/g410/g455/g853/g3/g47/g4/g3/g1009/g1005/g1005/g1005/g1005/g3 /g87/g855/g3/g1011/g1005/g1006/g882/g1006/g1009/g1012/g882/g1010/g1010/g1013/g1004/g3/g3/g3/g38/g855/g3/g1011/g1005/g1006/g882/g1006/g1011/g1013/g882/g1004/g1012/g1005/g1008/g3/g3/g3/g116/g855/g3/g449/g449/g449/g856/g94/g258/g271/g396/g286/g47/g374/g282/g437/g400/g410/g396/g349/g286/g400/g856/g272/g381/g373/g3 July 1, 2025 Karey Vawter Diamond Communications 210 Mountain Ave., Unit 619 Springfield, NJ 07081 RE: Proposed 165’ Monopole for Blue Ribbon Drive, WI Dear Mr. Vawter, Upon receipt of order, we propose to design and supply the above referenced tower for a Basic Wind Speed of 107 mph with no ice and 40 mph + 1.5” ice, Risk Category II, Exposure Category C, and Topographic Category 1, in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-G, “Structural Standard for Antenna Supporting Structures and Antennas”. When designed according to this standard, the wind pressures and steel strength capacities include several safety factors, resulting in an overall minimum safety factor of 25%. Therefore, it is highly unlikely that the monopole will fail structurally in a wind event where the design wind speed is exceeded within the range of the built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within the monopole shaft, above the base plate. Assuming that the wind pressure profile is similar to that used to design the monopole, the monopole will buckle at the location of the highest combined stress ratio within the monopole shaft. This is likely to result in the portion of the monopole above leaning over and remaining in a permanently deformed condition. Please note that this letter only applies to the above referenced monopole designed and manufactured by Sabre Towers & Poles. This would effectively result in a fall radius of 30’ or less at ground level. Sincerely, Thomas T. Wilson, P.E. Design Engineer 113 114 115 116 117 118 119 120 121 122 123 124 1 MEMORANDUM ADMINISTRATION Date: March 3, 2026 To: Mayor and Common Council From: Mark Frye, City Administrator Re: Consider/act on Resolution 26-R3347 Approving Donation for Flag Replacement at Veterans Park RELATES TO THE STRATEGIC PLAN N/A BACKGROUND The Edwin L. Jones – American Legion Post 91 provides the flags that fly proudly over Veterans Park. The wind speeds are greater in this area as they travel unrestrictedly over Lac La Belle. With the increase wind speeds, the flags are replaced four times per year at a cost of $3,000 per change. As noted in the information from the Legion, donations have not kept up with inflation, and they request the City consider donating funds for the flags. We are suggesting a donation of $6,000 for this cause. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT Our 2026 Contingency Fund has not been used yet. We could approve an amendment to allow the use of $6,000. The current balance for the general fund is $114,326. RECOMMENDATION City Staff recommend approval to use $6,000 from the 2026 Contingency Fund to purchase flags for Veterans Park. SUGGESTED MOTION Motion to approve Resolution 26-R3347. Z:\City Administrator\Parks Department\Veterans Park\Background Memo for Resolution 26-R3347 Approving Donation for Flag Replacement at Veterans Park 03032026.docx 125 RESOLUTION NO. 26-R3347 RESOLUTION APPROVING DONATION FOR FLAG REPLACEMENT AT VETERANS PARK WHEREAS, the Edwin L. Jones – American Legion Post 91 provides the flags that fly proudly over Veterans Park; and WHEREAS, wind speeds are greater in the area of the park as they travel unrestrictedly over Lac La Belle; and WHEREAS, because of the increase wind speeds, flags are replaced four times per year at a cost of $3,000 per change; and WHEREAS, as noted in the information from the Legion, donations have not kept up with inflation, and they request the City consider donating funds for the flags; and WHEREAS, a donation of $6,000 is recommended for this cause; and WHEREAS, funds for the donation would come from the 2026 Contingency Fund with a current balance of $114,326. NOW THEREFORE BE IT RESOLVED, a budget amendment in the amount of $6,000 to use Contingency Funds for Veterans Park flags is approved. NOTE: Approval of a budget amendment requires a supermajority vote of the full Common Council. DATED:______________________ CITY OF OCONOMOWOC By:_________________________ Robert P. Magnus, Mayor ATTEST: _____________________________ Gina Kozlik, Clerk Z:\City Administrator\Parks Department\Veterans Park\Resolution 26-R3347 Approving a Donation for Flags at Veterans Park 03032026.docx 126 EDWIN L. JONES - American Legion Post 91 130 W. Wisconsin Ave. Oconomowoc, WI. 53066 pastcdrpost91@gmail.com Website: http://post91oconomowoc.org. Facts on Veterans Park Flags  Veterans Park Inc. is a 501c3 # 46-4341127.  Veterans Park Inc. supplies the flags for Veterans Park.  There 9 flags that fly at Veterans Park. 1 American, the 6 Service flags, 1 Wisconsin, and 1 POW flag.  The flags are changed 4 times per year due to the fact that the wind blows down Lac La Belle and the topography channels the wind increasing the force of the wind.  Over the years the price of the flags has risen substantially, it now costs just under $3,000 a set to replace the flags each time.  Donations have not kept up with inflation.  Edwin L. Jones Post 91 of the American Legion has filled the gap over the years. Help is needed as the dollars we spend on flags cannot be spent on other projects and charities that we support. If you have questions or need more information please feel free to call me at 262-370-1011 or email me at pastcdr91@gmail.com. I serve on both boards so hopefully I can answer any questions, Thank you for your consideration. Jerry Wendt, Past Commander, Edwin L. Jones, Post 91, American Legion 127 1 MEMORANDUM TOURISM Date: February 17, 2026 To: Mayor and Common Council From: Bob Duffy, Economic Development & Tourism Re: License Agreement between City & WE Energies RELATES TO THE STRATEGIC PLAN Strategic Goal- III. Focus on Community Growth C. Plan For Future Transportation IV. Improve Quality of Life Assets A. Plan & Implement Quality of Life Assets & Community Amenities BACKGROUND Included in the City Budget were funds to implement a trailhead restroom structure as an asset and amenity at Chapman Park. The building will be situated adjacent to the Lake Country Trail for ease of access. The Lake Country Trail is a Waukesha County facility that is located on land controlled by WE Energies. WE Energies requires the City to enter into a License Agreement to occupy and place the connection within their right-of-way lands to facilitate the connection to the Lake Country Trail. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT RECOMMENDATION Staff recommend approval of the License Agreement to implement the Lake Country Trail connection at Chapman Park. SUGGESTED MOTION Motion to Approve the License Agreement with WE Energies for Lake Country Trail Spur. 128 REMS # 3341618 Land Interest LICENSE AGREEMENT (City of Oconomowoc Trail Spur attaching to Waukesha County’s Lake Country Trail License dated 26th day of September, 2008) THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into this day of February, 2026, (the “Effective Date”), by and between Wisconsin Electric Power Company, a Wisconsin corporation, doing business as We Energies, hereinafter referred to as “Licensor”, and City of Oconomowoc, a municipal corporation, hereinafter referred to as “Licensee”. Licensor and Licensee are individually sometimes referred to as a “Party”, and collectively as the “Parties”. W I T N E S S E T H : Licensor, for and in consideration of the covenants, conditions, and agreements hereinafter contained, hereby grants to Licensee a non-exclusive license and permission to develop, at Licensee’s sole cost and expense, and use a part of Licensor's right of way lands (hereinafter “Lands”) as recreational trail spur (hereinafter the “Premises”) and to place thereon a trail spur to connect to the trail for hiking, biking, and cross-country skiing and other similar non-motorized recreational uses (hereinafter “Trail Spur”) for use by the general public and for no other purpose or purposes whatsoever (except those purposes as may be determined by Licensor for its own use) which Premises is located east of Old Schoolhouse Road; south of Oconomowoc Parkway, being a part of the Southeast ¼ of Section 10, Town 7 North, Range 17 East, City of Oconomowoc, Waukesha County, Wisconsin. The general location of said Lands and Premises is shown and marked on Exhibit “A”, attached. The License and permission herein granted is subject to the following conditions: 1. Term: The term of this Agreement (the “Term”) shall commence on the Effective Date and shall continue for an initial a period of and five (5) years (the “Initial Term”) and thereafter shall continue on a year-to-year basis, subject to termination as hereinafter provided. 2. Termination: Upon the expiration of the Initial Term, this Agreement may be terminated at any time by either Party hereto by providing at least ninety (90) days prior written notice to the other Party of such termination. Notwithstanding any of the terms and conditions contained herein, (a) should Licensor require exclusive use of any part of property, including the Premises, for its purposes, or (b) should Licensee be in default under any of the covenants, terms or conditions of this Agreement, then Licensor may, upon written notice to Licensee, terminate the Agreement, in whole or in part on such part or parts of the Premises it requires, and Licensee shall, not later than ninety (90) days after receiving notice of such termination, at its sole cost and expense, remove the Trail Spur from the Premises. 3. Commencement of Construction: Licensee shall have one (1) full year, beginning at the Effective Date of this Agreement, to begin construction of the Trail Spur and one (1) full year after the start of construction to complete construction of the Trail Spur, as permitted herein. If Licensee fails to begin construction of the Trail Spur within one (1) year after the Effective Date, or to complete construction of the Trail Spur within one (1) year after commencement of such construction, this Agreement shall terminate immediately without notice from Licensor and Licensee shall, not later than ninety (90) days after such termination, at its sole cost and expense, remove the Trail Spur from the Premises. 4. Base Rent: During the Initial Term and extensions thereto, no Base Rent shall be due. 5. Assignment: Licensee shall not assign this Agreement nor permit any transfer by operation of law or otherwise of the interest in the herein-described Premises acquired through this Agreement unless otherwise approved by Licensor in writing. 6. Acceptance of Premises: Licensee acknowledges and agrees that the Premises are being made available pursuant to the license set forth herein in “as is” condition, and Licensor makes no warranty 129 or representation of any kind as to the condition, quality or suitability of the soil, subsoil or surfacing of the Premises, any other property of Licensor or anything thereon or therein. Licensee has examined the Premises described hereinabove and acknowledges the condition thereof and that no representations or warranties as to the condition or repair thereof and no agreements to make any alterations, repairs or improvements in or about the Premises have been made by Licensor. Licensee’s taking possession of the Premises shall be conclusive evidence as against Licensee that the Premises were in good order and satisfactory condition for use as a Trail Spur and other permitted ancillary uses. Licensor shall not be liable for any damages arising from acts or neglect of Licensee or any of its invitees or users of the Premises, whether authorized to use the Premises or not. 7. Permitted and Prohibited Uses: The Premises shall be used for the purpose of constructing, installing, operating, maintaining, using, repairing, and removing the Trail Spur, for hiking, biking, cross- country skiing and other similar non-motorized recreational uses and for no other purpose whatsoever. No vehicles, trucks, cars or equipment are to be parked or materials stored on the Premises at any time without the specific written approval of Licensor. Furthermore, Licensee agrees that no motorized vehicles, including but not limited to cars, trucks, snowmobiles, motor bikes, mini-bikes, motorcycles, mopeds, go-carts and all-terrain vehicles will be used, operated or permitted on the Premises. However, Licensee shall be permitted to use motorized vehicles for the patrol and/or maintenance of the Trail Spur and the Premises, and electric bicycles shall be permitted on the Trail Spur subject to any speed limits that are established by Licensor from time to time. Licensee also agrees that no horses will be used or permitted on the Premises. Licensee agrees that no kites, model airplanes or similar or dissimilar objects that may come in contact with or in close proximity to the facilities of Licensor or the American Transmission Company LLC (hereinafter “ATC”) and its successors and assigns, will be used, operated or permitted on or about the Premises. 8. Signage: Licensee shall not place or maintain or allow to be placed or maintained by any person or persons, any signs or advertising billboards upon the Premises at any time, except as required or permitted by this Section. Licensee shall install and maintain signs that are necessary to identify Licensee's Trail Spur and occupancy of the Premises. Such identification signs shall include the We Energies approved corporate logo and shall state “In cooperation with We Energies” or such other signs as Licensor may reasonably require. Licensee further agrees to post, maintain at all times, and if necessary, replace signs that expressly state the uses that are permitted and prohibited under Section 7 hereof. All signs must be approved by Licensor prior to erection or installation on the Premises. 9. Zoning and Permits: Licensee hereby agrees that Licensor has made no representations that the Premises are properly zoned for the proposed use by Licensee, and it is expressly understood that Licensee hereby assumes any and all obligations and responsibilities with respect to compliance with all applicable zoning laws and ordinances of any regulatory bodies which may have jurisdiction. Any change in zoning must be approved by Licensor. This Agreement is conditioned on Licensee's obtaining all necessary permits and authority for the proposed use. All permits required hereunder shall be acquired by Licensee at its sole cost and expense. If permits are required, copies of the final permits must be provided to Licensor prior to the commencement of any work on the Premises by Licensee and allowing reasonable time for Licensor to review the permits. Without limiting the generality of the foregoing, Licensee agrees that no temporary or permanent construction may occur in any wetlands. If any work is proposed within wetlands, Licensee must obtain the appropriate permits from the Wisconsin Department of Natural Resources (“WDNR”) and the Army Corps of Engineers (“ACOE”). Licensee must provide a copy of the application and final permits to Licensor prior to working within the wetland and provided Licensor has reasonable time to review said permits. 10. Governmental Jurisdiction: Licensee shall, in the use and occupancy of the Premises, comply with all laws, ordinances, rules and regulations of the City of Oconomowoc, Waukesha County, State of Wisconsin and all other governmental bodies having jurisdiction over the operation of Licensee or Licensor’s business or occupation of the Premises. 130 11. Construction and Other Liens: Licensee shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Licensor in the Premises, for any claim in favor of any person dealing with Licensee, including those who may furnish materials or perform labor for any construction or repairs. Licensee covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed, materials, services or supplies furnished in connection with any work performed on the Premises by or at Licensee's direction on which any lien is or can be validly and legally asserted against its interest in the Premises or the improvements thereon and that it will save and hold Licensor harmless from any and all loss, liability, cost or expense, including costs of suit and reasonable attorney’s fees, based on or arising out of asserted claims or liens against the license interest granted hereunder or against the right, title and interest of Licensor in the Premises or any other property of Licensor, or under the terms of this Agreement. Licensee will not permit any construction lien or any other liens which may be imposed by law affecting Licensor's or its mortgagee’s interest in the Premises to be placed upon the Premises or any other property of Licensor arising out of any action or claimed action by Licensee, and in case of the filing of any such lien Licensee will promptly pay the same. Licensee shall promptly provide Licensor with lien waivers from all contractors and subcontractors for all work performed and material and services supplied by or on its behalf at the Premises. If any such lien shall remain in force and effect for ten (10) days after written notice thereof from Licensor to Licensee and Licensee has not posted with Licensor a bond, reasonably satisfactory to Licensor, in the amount of at least 125% thereof, Licensor shall have the right and privilege of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be reimbursed by Licensee to Licensor immediately on presentation of a bill therefor. 12. Diggers Hotline: Licensee shall contact Diggers Hotline at (800) 242-8511 to locate any underground facilities at least five (5) days prior to any work, excavation or construction on the Premises, in order to determine the location of electric, telephone, water, communication, natural gas and other facilities within the Premises and surrounding lands in the vicinity of the contemplated work and the applicable clearance requirements for work performed in the proximity of such facilities. 13. Plan Review and Approval: Licensee shall submit to Licensor and to ATC for its review and written approval, detailed site plans and construction drawings (hereinafter “Plans”) showing the proposed location of the Trail Spur with respect to the Premises and any utility facilities that might be affected by the Trail Spur, which Plans shall also include proposed grade changes, Trail Spur cross sections, signs and other improvements to the Premises which Licensee desires to construct or install. If Licensee intends to use any fill on the Premises, Licensee shall include the type and source of any fill material on the Plans and any fill material used shall be subject to inspection and analysis by Licensor for the presence of Hazardous Material as defined in Exhibit “B”. Licensee will not install or construct or permit to be installed or constructed, any improvements upon, or make any alterations or substantive changes to the approved plans for, the Premises without first submitting plans and specifications to Licensor and receiving Licensor's approval thereof. 14. Height Restrictions: Licensee hereby agrees that no vehicles or equipment will be used, stored operated or permitted on the Premises or Licensor’s adjacent land having a height in excess of 12 feet above original ground grade level, unless otherwise approved in writing by Licensor and/or ATC as their respective interests lie. 15. Runoff Control: Licensee and its contractors shall follow best management practices to prevent or control site runoff and erosion in accordance with the WDNR publication “Wisconsin Construction Site Best Management Practice Handbook.” It shall also be the responsibility of Licensee and its contractors to determine if and when a permit is required to discharge storm water associated with a construction activity, as per Wisconsin Administrative Code Section NR 216, or subsequent statute, law, ordinance, act, rule or regulation. Following the completion of Licensee’s work, all adjoining areas shall be restored. 16. Drainage and Grade Changes: Licensee shall be permitted, at its sole cost and expense, to grade, level, and apply crushed stone and/or asphalt paving and plant grass on the Trail Spur and Premises as may 131 be permitted by Licensor, except that the Licensee shall not in any manner alter or change the original ground grade level of the Premises, or alter in any manner the drainage on the Premises without obtaining written permission from Licensor. Licensor, at its sole discretion, may require Licensee to install such drainage facilities as Licensor may deem necessary to adequately drain the Premises or Licensor’s adjacent lands, which facilities are made necessary due to or arising out of any filling, grading, leveling, paving or use by the Licensee hereunder. All such drainage facilities (including culverts, storm sewers, ditches, etc.) shall be installed by and at the expense of Licensee and to the complete satisfaction of Licensor. Any existing culverts that run beneath Licensor’s lands must be maintained or enhanced; they cannot be removed, filled or otherwise blocked. 17. Maintenance and Landscaping: Licensee shall, at its sole cost and expense, keep the Premises routinely mowed and free of weeds, and shall trim and/or cut down any trees and shrubs to the satisfaction of the local Weed Commissioner and Licensor. Licensor reserves the right to trim and/or cut down any trees and shrubs on the Premises. Licensee further agrees that it shall maintain the entire Premises as a Trail Spur as described hereinabove and perform such other landscaping maintenance necessary to maintain an appearance suitable to such use as a Trail Spur for biking, hiking and cross- country skiing and other similar non-motorized recreational uses. Licensee shall not plant any trees or shrubs on the Premises without the express written permission of Licensor. Licensee agrees to keep the Premises clean and free from all debris, rubbish, litter and trash. Licensee shall be permitted to, or upon request of Licensor shall, place trash containers at convenient locations on the Premises. Such containers shall be emptied on a regular basis by Licensee, prior to overflowing or creating a nuisance. 18. Work Standards: During construction, use of and repairs or maintenance to the Premises pursuant to this Agreement, while in proximity to electrical conductors or gas facilities presently existing or to be installed at some future date, Licensee hereby agrees to conform to all laws, rules, ordinances, acts and regulations such as O.S.H.A. Safety and Health Regulations for Construction dealing with safe work practices and the operation of equipment near electrical lines and equipment and the provisions and requirements of the Wisconsin Administrative Code, Rules of the Department of Commerce and any amendments thereto. Licensee shall, at all times, comply with the provisions of the Wisconsin State Electric Code, compiled by the Department of Commerce and the Public Service Commission of Wisconsin, and all amendments thereto. Any work done by Licensee on the Premises shall be performed in such a manner as not to interfere with the use of Licensor’s lands for electric lines, gas lines, communication lines and related or unrelated facilities, both overhead and underground, which presently exist or might be installed at a later date. 19. Damage to Facilities: Licensee hereby agrees to effectively prevent damage to electrical facilities, communication facilities or related facilities due to or arising out of the construction, installation, operation, maintenance, repairs, removals and use of the Premises by Licensee, or its employees, agents, contractors, customers or invitees. In the event the Premises or adjoining lands or existing electrical and communication facilities or related or unrelated facilities thereon are damaged as a result of activities conducted on or in any way connected with Licensee’s construction, installation, operation, maintenance, repairs or removal activity on the Premises, or the use of the Premises by Licensee or any of its employees, agents, contractors, customers or invitees, the repair of such damage shall be completed by or at the direction of Licensor and Licensee shall reimburse Licensor for the cost thereof upon presentation of a bill therefor. 20. Movement of Licensor Facilities: In the event it is necessary for Licensor, ATC or existing tenants, permittees or licensees to reconstruct, protect, modify, adjust, replace or relocate its facilities due to the aforementioned use of the Premises and/or the construction, operation, maintenance or existence of Licensee’s facilities, Licensee agrees to promptly reimburse Licensor, ATC and/or such affected tenants, permittees or licensees upon presentation of a bill for the costs and expenses incurred by Licensor as a result thereof; provided, however, that Licensee shall be given the option of moving or relocating its material and equipment to reduce or eliminate costs associated herewith. 21. Proximity to Gas Lines/Facilities: During construction, installation, operation, maintenance, repairs, removals and use of the Premises pursuant to this License, while in proximity to gas lines and gas 132 facilities presently existing or to be installed at some future date, Licensee hereby agrees to exercise due caution, comply with all applicable safety laws and regulations and take or suffer no action which results in the gas lines or gas facilities being placed in violation of any applicable law or regulation. In the event the Premises, adjoining lands or gas facilities or related facilities thereon are damaged as a result of activities conducted on or in any way connected with Licensee’s construction, installation, operation, maintenance, repairs or removal activity on the Premises, or the use of the Premises by Licensee or any of its employees, agents, contractors, customers or invitees, repairs shall be completed by or at the direction of Licensor and paid for by Licensee upon presentation of a bill therefor. 22. Solid Waste: Licensee shall not cause or permit any solid wastes to accumulate or be stored in or about the Premises. All solid wastes shall be properly stored, handled and routinely disposed of off the Premises in a manner that complies with applicable federal, state and local laws, codes and/or regulations. Licensee shall not store, handle or dispose of solid wastes in a manner that will pollute or contaminate the atmosphere, ground or water or which may adversely affect the health, welfare or safety of persons whether located on the Premises or elsewhere. 23. Notification: Licensee agrees to contact John Harvie at (414) 944-5720 or such other person or phone number as Licensor may from time to time designate, within the specified time limits to inform him about the following occurrences: a) At least seven (7) days prior to the commencement of the project herein permitted. a) Within seven (7) calendar days after the termination of the License herein permitted with a plan for restoration. b) Within seven (7) calendar days after the restoration has been completed. c) Within seven (7) calendar days after a lapse of six (6) months since Licensee accepted this License if the project herein permitted has not been undertaken by such date; within seven (7) calendar days after each six (6) month interval thereafter until the project herein permitted is undertaken, not to exceed two (2) full years from the date hereof. 24. Insurance: Licensee shall carry one million dollars ($1,000,000) per occurrence (or such higher limit as Licensor may request from time to time) General Liability Insurance coverage with Licensor being named as additional insured, as evidenced by certificates to be furnished to Licensor annually during the Term of this License. A current certificate of such insurance must be furnished at the time this Agreement is executed by Licensor. A certificate of insurance must be furnished before this License will be renewed. Prior to construction of any alterations or improvements on the Premises, Licensee’s, contractors and subcontractors shall also provide to Licensor proof of insurance. 25. Waiver of Liability: Anything in this Agreement to the contrary notwithstanding, Licensor shall not be liable to Licensee or anyone claiming under Licensee for any loss or damage to property or injury to or death of persons occurring on the Premises or Licensor’s adjacent lands or in any manner growing out of or in connection with Licensee’s use and occupancy of the Premises or the condition thereof. Licensee hereby waives all right of recovery against Licensor, its agents, employees, assignees and invitees for any such loss, damage, injury or death. 26. Indemnification of Licensor: To the extent not prohibited by law, Licensee agrees to indemnify, defend and hold harmless Licensor and the Indemnified Parties from and against all claims, demands, suits, causes of action, losses, costs (including reasonable attorneys’ fees and expenses) and damages (collectively “Licensor’s Losses”) incurred by Licensor arising from any breach, violation or default by Licensee under this Agreement or any negligence or willful misconduct of Licensee or any of Licensee’s employees, representatives, agents, guests, invitees or contractors. This indemnity and hold harmless provision shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including, without limitation, attorneys’ fees and disbursements) incurred 133 in or in connection with any such Licensor’s Losses or proceeding brought thereon, and the defense thereof. Notwithstanding the foregoing, Licensee shall not be required to indemnify Licensor to the extent the indemnified claim or Licensor’s Losses are a result of (i) the negligence or willful misconduct of Licensor; or (ii) Licensor’s failure to comply with this Agreement or any applicable laws or regulations of any government body that concern this Agreement or Premises. Without limiting the generalities of the foregoing, Licensor shall not be liable for any damages to any property or business operation, or injuries to any person or persons on or about said Premises due to any cause whatsoever. 27. Safety and Protection: Licensee hereby agrees, at its sole cost and expense, to erect and maintain any barricades, guard rails, fencing, and/or safety devices for protection as they relate to the protection of the Licensor's and ATC’s electric facilities, gas facilities and related construction and operational procedures. Licensee agrees to maintain the same in good condition, repair and appearance at all times. Licensee will submit to Licensor any and all plans and specifications for the installation of barricades, guard rails, fencing and/or safety devices or protection which may be installed on the Premises and such installations shall not be made without the consent and prior written approval of Licensor. No fencing, barricades or other improvements shall be installed or erected for any purpose which will obstruct, interfere with or impede the free access of Licensor or ATC to the Premises or Licensor’s adjacent land or facilities. 28. Galvanic/Stray Current/Grounding: Licensee agrees to release Licensor from any responsibility for damage or personal injury resulting from electromagnetic fields electrolysis due to local galvanic or stray current conditions on or along the Premises. Further, Licensee agrees to assume all costs for electrolysis protection. All improvements, including bridges, shall be grounded unless otherwise approved in writing by Licensor. 29. Removal of Improvements: Licensee hereby agrees, upon the expiration or early termination of this Agreement by forfeiture, lapse of time or otherwise, if so requested in writing by Licensor, to remove promptly, at its sole cost and expense, all or part of its improvements including Trail Spur surfaces and drainage structures from the Premises. In the event Licensee cannot or is unable or unwilling to remove said improvements and related facilities as directed by Licensor, Licensee hereby authorizes Licensor to do so, and Licensee hereby agrees to reimburse Licensor for any and all expenses incurred in connection therewith, including restoration as hereinafter required, upon presentation of a bill therefor, and Licensee hereby agrees to indemnify and save harmless Licensor from all liability of any kind whatsoever that Licensor may have incurred by such removal. 30. Restoration: Licensee agrees to restore or cause to restore the Premises and Licensor’s adjacent lands to the condition existing prior to any disturbance to such lands and Premises. Licensee further agrees that upon the earlier termination or expiration of this Agreement by either Party, the Premises (and, if applicable, Licensor’s adjacent lands) shall be restored to the condition existing prior to any disturbance or improvement from the aforementioned use of the Premises. Included, but not limited to, in such restoration, after construction and subsequent to termination of this License, shall be the spreading of topsoil and sowing perennial type grass seed on any disturbed areas, replacement of crushed stone and/or paved surfacing, replanting of shrubs and other ground cover and repair of fences and gates or other damages incurred due to or arising out of the permission herein given. 31. Snow Plowing: Licensee shall be permitted to plow, but not pile, the snow on the Premises in the event it desires to do so. 32. Taxes: During the Term, Licensee shall be responsible for all taxes on the Premises, such taxes being defined as any and all federal, state and local governmental, quasi-governmental or public authority taxes, assessments and charges of any kind or nature, whether general, special, ordinary or extraordinary (but not including income or franchise taxes or any other taxes imposed upon or measured by Licensor's income or profits, except as provided below), or payments to governmental authorities in lieu thereof, whether or not in contemplation of the parties to this License, which Licensor shall pay or become obligated to pay because of or in connection with the ownership, renting, or operation of the Premises (including but not limited to charges for the installation, maintenance, repair 134 and replacement of sewer/water, curb, gutter and roadway) and of the personal property, fixtures, machinery, equipment, systems and apparatus located thereon or used in connection therewith. Taxes shall include, without limitation, all real and personal property taxes (attributable to the year in which paid), sales taxes, assessments (special or otherwise), fire inspections, transit taxes and ad valorem taxes but shall not include penalties or late fees thereon unless the penalty and/or late fees are directly attributable to Licensee. Taxes shall also include all fees, costs and expenses (including, legal fees and court costs) paid by Licensor in connection with protesting or contesting or seeking a refund or reduction of and/or negotiating with public authorities with respect to any of the aforesaid taxes, regardless of whether Licensor is ultimately successful. If at any time during the term hereof, a tax or excise on rents or other tax however described, other than an income tax, is levied or assessed by the United States or the State of Wisconsin, or any political subdivision thereof, on account of the rents hereunder or the interest of Licensor under this License, such tax shall constitute and be included in taxes. Any taxes paid by Licensor hereunder shall be reimbursable to Licensor by Licensee as additional rent. 33. Breach of License: In the event Licensee shall breach or violate any of the terms, conditions or provisions of this Agreement, or if any governmental agency having jurisdiction shall serve any demand, order or notice, including violations relating to zoning or municipal ordinances, upon Licensor or Licensee, Licensee shall, at its sole cost and expense, correct said breach or violation and comply with said demand, order or notice within 30 days of its receipt of such written notice or as stated within said demand, order or notice. In the further event that Licensee does not correct said breach or violation or comply with said demand, order or notice within the required time period, it shall be lawful for Licensor, without liability to Licensee and without notice or demand, and in addition to all other rights and remedies available at law or in equity, to declare this Agreement terminated and to re-enter the Premises either with or without process of law and to expel, remove and put out Licensee or any person or persons occupying the Premises, using such force as may be necessary so to do and to repossess and enjoy the Premises again as before the grant of license under this Agreement without prejudice to any remedies which might otherwise be used for the preceding breach of covenants; Licensee hereby expressly waiving all right to any notice or demand under any statute relating to forcible entry and detainer. The decision of Licensor shall be final and binding upon Licensee concerning any breach or default in the covenants and agreements contained in this License. Licensee shall be liable to Licensor for any and all costs incurred, including reasonable attorneys' fees owing to or arising out of any action taken pursuant to this provision in which Licensor prevails. 34. Licensor Right to Enter: Licensor reserves unto itself and ATC and for their employees, agents and contractors the right, at any time, to enter upon the Premises by any means necessary i) for performing studies, gathering of air, water, soil and other material samples, ii) for inspection of the Premises in order verify Licensee’s compliance with the Lease terms, iii) for access to Licensor’s lands including the Premises, iv) to inspect, patrol, construct, install, operate, maintain, replace and repair electric lines, gas lines, communication equipment and related and unrelated facilities and equipment, both overhead and underground, upon, over, across, in and beneath the Premises without liability to Licensee, the same as though this Agreement had not been entered into. Licensor or ATC through Licensor may, without liability to Licensee, require Licensee to immediately vacate all or part of the Premises upon notice to do so in the event Licensor deems it necessary to make emergency repairs to its facilities. In the event it becomes necessary for Licensor or ATC to install or erect additional electric lines, natural gas lines, communication lines and/or related facilities at some future date, Licensee hereby agrees to vacate as much of the Premises as Licensor and/or ATC deems necessary and for such periods of times as may be necessary to install, modify, reconstruct or erect such facilities upon receipt of notice from Licensor to do so. Licensor and/or ATC shall perform and complete all work under this Section as quickly as is reasonable possible to minimize the inconvenience to Licensee. Licensee further agrees that it shall immediately vacate the Premises and close down the Trail Spur upon notification by Licensor that weather conditions exist or may develop which could cause dangerous conditions such as icing on trees and wires. 135 35. Paramount Rights: The rights of Licensor and ATC to utilize the Premises and Licensor’s adjacent lands in their utility business will at all times be and remain paramount to the rights herein granted to Licensee and nothing stated herein is to be construed as restricting Licensor from granting rights to other parties or persons in, upon or under the Premises and/or Licensor’s adjacent lands, for but not limited to driveways, streets, sidewalks, sewers, water pipes and mains, drainage tiles and pipes, gas mains and pipelines, communication circuits and other allied uses. It is understood and agreed that this Agreement is subject to all existing easements, grants and licenses. 36. Fees and Charges: As a condition of this Agreement, Licensee shall not charge at any time fee for the use of the Trail Spur except that Licensee may be permitted to charge a fee for group activities or special events upon written consent of Licensor, which consent shall not be unreasonably withheld. 37. Alcoholic Beverages Prohibited: Licensee covenants and agrees that alcoholic liquors or beverages are not permitted on the Premises or Licensor’s adjacent lands. 38. Police Protection: Licensee shall be permitted to provide or arrange for the provision of all law enforcement and shall be permitted to reasonably require such law enforcement personnel to patrol the Premises as it deems reasonable under this License. 39. Notices: All notices and other communications provided for in this Option shall be in writing and sent by e-mail (with a copy by regular mail), sent by reputable overnight courier for next day delivery, or sent by certified mail, or delivered by hand, to each party at the following addresses: If to Licensee: City of Oconomowoc Address: 174 E. Wisconsin Avenue City, State Zip Oconomowoc, WI 53066 Attn: City Administrator Phone: 262-569-2183 Email: mfrye@oconomowoc-wi.gov If to Licensor: Wisconsin Electric Power Company 231 West Michigan Street, P277 Milwaukee, Wisconsin 53203 Attn: Manager of Property Management (414) 221-2750 real-estate@wecenergygroup.com 40. Waiver of Terms and Conditions: Failure of Licensor or Licensee to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 41. Costs and Attorney Fees: Licensee shall pay and discharge all reasonable costs, expenses and attorney fees that may be incurred or paid by Licensor in enforcing the covenants and agreements of this Agreement where litigation is not commenced. In the event litigation is commenced by Licensor or Licensee to enforce any provision of this License, the prevailing Party (as determined by a judgment in favor of one Party or the other) shall be entitled to recover from the other, as additional costs, its reasonable attorney fees and costs incurred in connection with such action. 42. No Joint Venture: The agreements contained herein are not intended, nor shall the same be deemed or construed, to create a partnership between Licensor and Licensee, to make them joint ventures, nor to make Licensor in any way responsible for the debts or losses of Licensee. 43. Obligations Survive: All obligations of Licensee hereunder not fully performed as of the expiration or earlier termination of the Term of this Agreement shall survive the expiration or earlier termination of 136 the Term hereof, including without limitation, all payment obligations with respect to taxes and all obligations concerning the condition of the Premises and Licensor’s adjacent lands. 44. Binding Effect: The covenants and agreements herein contained shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns, except as otherwise provided in Section 5 hereof. 45. Captions: The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, construe or describe the scope or intent of such sections or paragraphs of this Agreement nor in any way affect this Agreement. 46. Severability of Provisions: If any term, covenant or condition of the Agreement or the application thereof to any person or Party or circumstance shall, to any extent, be invalid or unenforceable at any time, the remainder of the Agreement, or the application of such term, covenant or condition to persons, Parties, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 47. Interpretation: The laws of the State of Wisconsin shall govern the validity, performance and enforcement of this Agreement. Whenever the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. 48. Acceptance: Licensee hereby accepts this Agreement upon the terms, conditions, restrictions hereinbefore set forth and do covenant to keep and perform each and every one of said terms conditions and restrictions. [SIGNATURE PAGE FOLLOWS] 137 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. [Signature information below] THIS LICENSE DOES NOT TAKE EFFECT UNTIL A COPY SIGNED BY THE COMPANY IS RETURED TO YOU. This License Agreement is hereby granted under the terms and conditions set forth hereinabove. Licensee: City of Oconomowoc By: Dated: (Authorized Signature) (Print Name) (Title) By: Dated: (Authorized Signature) (Print Name) (Title) Licensor: Wisconsin Electric Power Licensor, a Wisconsin corporation, doing business as We Energies By: WEC Business Services LLC, Its Affiliate and Agent Signature: Date: Tonya M. Peters, Manager of Property Management Main Trail Licensee: Waukesha County Signature: _______________________________ Date: ________________ (Authorized Signature) By:____________________________________ (Print Name) _______________________________________ (Title) 138 EXHIBIT “A” Description of the Premises (Yellow area) Premises is located east of Hwy 67 and on the northside of Oconomowoc Parkway, being a part of the SE ¼ of Section 7, Township 7 North, Range 17 East, City of Oconomowoc in Waukesha County, Wisconsin. 139 EXHIBIT “B” Environmental Rider 1. Definitions: a. "Discharge" means the releasing, spilling, leaking, leaching, disposing, pumping, pouring, emitting, emptying, treating, or dumping of Hazardous Materials at, into, onto, or under or migrating from, under, or onto the Premises or any part thereof (including, without limitation, the soil, surface water, subsurface water, or groundwater) or the threat thereof, regardless of whether the result of an intentional or unintentional action or omission. b. "Environmental Law" means any federal, state, or local law, whether common law, statute, ordinance, rule, regulation, judicial or administrative decision, policy or guideline, pertaining to hazardous materials, industrial hygiene, environmental conditions, or the regulation or protection of human health or the environmental, and all amendments thereto as of this date and to be added in the future, and any successor statute, ordinance, rule, regulation, or judicial or administrative decision of policy or guideline promulgated thereto. c. "Hazardous Materials" means any regulated substance, toxic substance, hazardous substance, hazardous waste, pollution, pollutant, or contaminant, as defined or referred to in any applicable Law, including, without limitation, the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §9601 et seq. ("CERCLA"), the Water Pollution and Control Act, 33 U.S.C. §1251 et seq., and any and all analogous state laws, together with any and all amendments thereto, regulations promulgated thereunder, and all substitutions thereof, as well as words of similar purport or meaning referred to in any other applicable law, including, without limitation, radon, asbestos, polychlorinated biphenyls, urea formaldehyde products, petroleum products, and petroleum based derivatives. Where a law defines any of these terms more broadly than other, the broader definition shall apply. 2. Licensee shall not use in any way, or permit or suffer the use of, the Premises or any part thereof (i) in violation of any Environmental Law or (ii) to directly or indirectly prepare, produce, generate, manufacture, refine, treat, transport, store, maintain, handle, dispose of, transfer, process, exacerbate, relocate, or Discharge any Hazardous Material without the prior written consent of Licensor, which consent may be withheld in Lessor's sole discretion. 3. Lessee shall give Licensor immediate verbal and follow-up written notice of any of the following with respect to the Premises, whether actual or threatened, of which Licensee has or obtain actual knowledge: (i) a violation of any Environmental Law; (ii) a Discharge; (iii) an environmental condition requiring responsive or remedial action; or (iv) an emergency environmental condition (each event or circumstance described in the preceding clauses (i) through (iv), an "Environmental Occurrence"). Lessee shall not, without the prior written consent of Licensor, which consent may be withheld in Licensor's sole discretion, communicate with any governmental authorities or other third parties in connection with any Environmental Occurrence, Hazardous material, or other environmental condition related to the Premises, except to the extent expressly required by Environmental Laws. Licensee shall notify Licensor of any such communication with governmental authorities or other third parties required by Environmental Laws and shall provide Licensor a reasonable opportunity to coordinate with Licensee regarding such communications. 4. Licensee shall be solely responsible for and shall indemnify the Indemnified Parties for all costs and expenses of any environmental assessment, investigation, sampling, containment, removal, remediation, and/or disposal as Licensor deems appropriate in connection with any Environmental Occurrence with respect to the Premises arising out of any act or omission of Licensee or any of 140 Licensee's contractors, subcontractors, agents, employees, and/or guests. Notwithstanding the foregoing, Licensee shall take no such actions in connection with such Environmental Occurrence except pursuant to and in strict accordance with Licensor's written instructions. Licensor reserves the right to conduct, at Licensee's sole cost and expense, any assessment, investigation, sampling, containment, removal, remediation, and/or disposal as may be required in connection with any such Environmental Occurrence. 5. Notwithstanding anything the contrary set forth herein, LICENSEE SHALL NOT CONDUCT ANY INVASIVE ENVIRONMNETAL OR OTHER STUDIES WITH RESPECT TO CONDITIONS AT THE PREMISES WITHOUT LICENSOR'S PRIOR WRITTEN CONSENT (INCLUDING, WITHOUT LIMITATION, AS TO THE PURPOSE, SCOPE, AND TIMING OF SAME), SUCH CONSENT TO BE WITHHELD IN LICENSOR'S SOLE DISCRETION, AND, IN THE EVENT OF LICENSOR'S APPROVAL, WITH THE USE OF LICENSOR'S CONSULTANTS AT LICENSEE'S SOLE COST AND EXPENSE. FURTHERMORE, LICENSEE SHALL, SOLELY IF EXPRESSLY REQUESTED BY LICENSOR, PROVIDE TO LICENSOR (AT LICENSEE'S SOLE COST AND EXPENSE) ALL SAMPLING RESULTS, DATA, REPORTS, AND OTHER INFORMATION RESULTING FROM ANY SUCH STUDIES. 6. Without limiting the foregoing, if Licensee encounters contamination at, on, under, or about the Premises, Licensee shall call Marita Stollenwerk at (414) 221-4172 with Stephanie Berti as a backup at (414) 221-4045 before taking any action with respect to same. In the event of a hazard of a hazardous materials caused by the Licensee or contractors employed on behalf of the Licensee, please contact Erin Ganzenmuller immediately at (414) 221-4045. 7. Licensee shall not permit any liens to attach to the Premises or any part thereof by reason of the exercise by Licensee of its rights hereunder. 141 1 MEMORANDUM TOURISM Date: February 17, 2026 To: Mayor and Common Council From: Bob Duffy, Economic Development & Tourism Re: Agreement between City/Waukesha County/WE Energies RELATES TO THE STRATEGIC PLAN Strategic Goal- III. Focus on Community Growth C. Plan for Future Transportation IV. Improve Quality of Life Assets A. Plan & Implement Quality of Life Assets & Community Amenities BACKGROUND Included in the City Budget were funds to implement a trailhead restroom structure as an asset and amenity at Chapman Park. The structure will be situated adjacent to the Lake Country Trail for ease of access. The Lake Country Trail is a Waukesha County facility that is located on land controlled by WE Energies. In coordination with Waukesha County, it was requested that the City enter into a joint Agreement between all parties to facilitate the connection to the Lake Country Trail. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT RECOMMENDATION Staff recommends approval of the Agreement to implement the Lake Country Trail connection at Chapman Park. SUGGESTED MOTION Motion to approve the Agreement to connect to the Lake Country Trail. 142 1 AGREEMENT FOR THE WAUKESHA COUNTY-CITY OF OCONOMOWOC-WE ENERGIES LAKE COUNTRY TRAIL CONNECTION THIS AGREEMENT is by and among Waukesha County, referred to herein as the “County”; the City of Oconomowoc, referred to herein as the “ City”; and Wisconsin Electric Power Company, doing business as WE Energies, referred to herein as “ WE Energies”. Collectively, the County, City, and WE Energies are the “Parties.” RECITALS WE Energies previously granted the County a license to construct and maintain a bicycle and pedestrian trail, known as the Lake Country Trail, on land owned by WE Energies A map of a portion of which is attached as Exhibit A. WE Energies has agreed to grant the City a license to construct and maintain a restroom facility adjacent to the bicycle and pedestrian trail and has granted an easement for the City to construct a connecting trail, as shown on Exhibit A As a condition of granting the City a license to construct and maintain its trail on WE Energies’ land, WE Energies requires that the County and the City agree that their respective trails can connect with one another, and that they acknowledge that doing so will not interfere with either the County’s or the City’s license to maintain a trail on WE Energies’ property. NOW, THEREFORE, in consideration of the mutual covenants below, the Parties agree: 1. The County consents to the City connecting its trail to the Lake Country Trail as shown on Exhibit A and agrees that the connection does not violate or interfere with its license. 2. The City acknowledges and agrees that the County’s license rights to maintain the Lake Country Trail are not a violation of, or an interference with, its rights under the license granted to it by WE Energies. 3. WE Energies acknowledges and agrees that the County and the City may connect their respective trails to one another, generally as shown on Exhibit A, and that doing so is not a violation of the terms of the licenses granted by WE Energies to the County and the City for the construction and maintenance of trails on WE Energies’ property. 4. The County and the City agree that they will each maintain their respective portions of their trails consistent with current practices, and that where they connect and overlap, they will work cooperatively to ensure that those areas are maintained accor ding to the terms of their respective licenses. 143 2 Dated this _19th_ day of February_2026 Waukesha County City of Oconomowoc By Dale R. Shaver, Director By Robert P. Magnus, Mayor Waukesha County Department of Parks and Land Use Wisconsin Electric Power Company By Tonya Peters, Manager of Property Management 144 3 Exhibit A Description of the Premises Premises is located east of Hwy 67 and on the northside of Oconomowoc Parkway, being a part of the SE ¼ of Section 7, Township 7 North, Range 17 East, City of Oconomowoc in Waukesha County, Wisconsin. 145 www.oconlake.com villagehall@oconlake.com Phone: 262-567-5301 Fax: 262-567-7447 VILLAGE OF OCONOMOWOC LAKE 35328 W. Pabst Road, Oconomowoc, Wisconsin 53066 MEMO To: Lake Country Municipal Court Communities From: Donald Wiemer, Chair, Administrative Committee Date: January 14, 2026 Reference: Municipal Ordinance and 66.0301 Successor Agreement Attached are two documents for your review and municipal approval. These two documents have been updated to reflect the addition of Village of Palmyra to the court as a contracted member. The only change to both documents is the addition of the Village of Palmyra. As to the revised municipal ordinance that creates the court, I ask that you repeal your latest court ordinance and approve this ordinance. Under section 1, there are blanks for referencing your previous ordinance and when it was adopted. The Successor Agreement revisions have been made to reflect the Village of Palmyra as a contract member. Both of these documents are in Word so they can be modified to reflect your ordinance format. Please return a copy of these to the court clerk for our records. If you have any questions, please feel free to call me at 414-881-9726. Z:\City Administrator\Lake Country Municipal Court\2026\Council Items for 03032026\Memo for Successor Agreement and Ordinance from LCMC 03032026.docx 146 ORDINANCE NO. 26-O1117 AN ORDINANCE TO RECREATE THE MUNICIPAL COURT FOR THE CITY OF DELAFIELD, CITY OF OCONOMOWOC, TOWN OF DELAFIELD, TOWN OF ERIN, TOWN OF MERTON, TOWN OF OCONOMOWOC, TOWN OF OTTAWA, VILLAGE OF CHENEQUA, VILLAGE OF DOUSMAN, VILLAGE OF HARTLAND, VILLAGE OF JOHNSON CREEK, VILLAGE OF LAC LABELLE, VILLAGE OF LISBON, VILLAGE OF MERTON, VILLAGE OF NASHOTAH, VILLAGE OF OCONOMOWOC LAKE, VILLAGE OF SULLIVAN, VILLAGE OF SUMMIT, VILLAGE OF SUSSEX, TOWN OF IXONIA (Contract Member), TOWN OF SULLIVAN (Contract Member), PURSUANT TO SECTION § 755.01(4) AND § 66.0301 WISCONSIN STATUTES The Common Council of the City of Oconomowoc, Waukesha County, Wisconsin does hereby ordain as follows: SECTION 1. Ordinance No. 24-O1065 dated on or about February 6, 2024 entitled “An Ordinance to Create and Establish A Municipal Court For the City of Delafield, City of Oconomowoc, Town of Delafield, Town of Erin, Town of Merton, Town of Oconomowoc, Town of Ottawa, Village of Chenequa, Village of Dousman, Village of Hartland, Village of Johnson Creek, Village of Lac LaBelle, Village of Lisbon, Village of Merton, Village of Nashotah, Village of Oconomowoc Lake, Village of Sullivan, Village of Summit, Village of Sussex Town of Ixonia (Contract Member), and Town of Sullivan (Contract Member)”, is hereby repealed and the Municipal Court ordinance is hereby re-created as follows: MUNICIPAL COURT (1) MUNICIPAL COURT RECREATED The Lake Country Municipal Court (“Municipal Court”) was created and established under the provisions of Chapter 755 of the Wisconsin Statutes for the City of Delafield, City of Oconomowoc, Town of Delafield, Town of Erin, Town of Merton, Town of Oconomowoc, Town of Ottawa, Village of Chenequa, Village of Dousman, Village of Hartland, Village of Johnson Creek, Village of Lac LaBelle, Village of Lisbon, Village of Merton, Village of Nashotah, Village of Oconomowoc Lake, Village of Sullivan, Village of Summit, Village of Sussex, Town of Ixonia (Contract Member), Town of Sullivan (Contract Member) (collectively the “Members”) by identical ordinances pursuant to §755.01(4). The Village of Palmyra, having adopted an ordinance identical to this ordinance, shall join the Municipal Court as a Contract Member, and the Members, by this ordinance, accepts the Village of Palmyra as a Contract Member to be added as a Member of the Municipal Court. (2) MUNICIPAL JUDGE This court shall be presided over by a Municipal Judge, who shall be an attorney licensed to practice law in Wisconsin, and who shall reside in one of the court’s Member Municipalities. The Municipal Judge shall be elected at large in the spring election for a term of four (4) years commencing on May 1. All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided 147 2 LCMC Ordinance REV 22026 in Section 8.10, Wis. Stats., and selection at a primary election if such is held as provided in Section 8.11, Wis Stats. Each Member Municipality shall provide for a primary election whenever three (3) or more candidates file nomination papers for the position of Municipal Judge as provided in Section 8.11(1)(a), Wis. Stats., and such primary election shall be held on the third Tuesday of February as provided in Section 5.02(22), Wis. Stats. (3) ELECTIONS The Municipal Clerk of each municipality shall see to the compliance with §5.58(1)(c), §5.60(1)(b), §5.60(2), §7.15, §7.60(4)(a), and §8.10(6)(bm) to provide for the election of a Municipal Judge under §755.01(4). (4) OATH AND BOND The Judge shall, after his/her election or appointment to fill a vacancy, take and file the official oath as prescribed in §757.02(1) Wis. Stats. The Municipal Judge shall not act until his/her oath has been filed as required by Section §19.01(4)(c) and Section §755.03(2) Wis. Stats. (5) SALARY The salary of the Judge shall be set by the annual budget of the Court, approved and recommended by the Administrative Committee, and approved by the City Council and Village and Town Boards as part of the budget process.. No salary shall be paid for any time during his/her term during which such Judge has not executed his official oath, as required by §755.03, Wis. Stats., and filed pursuant to §19.01 Wis. Stats. The Municipalities may, by separate ordinances, resolutions, or through the budget process, allocate funds for the administration of the Municipal Court pursuant to Wis. Stats. §66.0301. (6) JURISDICTION The municipal Judge of the Municipal Court shall have such jurisdiction as provided by §755.045 and §755.05 Wis. Stats., and as otherwise provided by State Law. The Municipal Judge is authorized to issue inspection warrants under §66.0119 Wis. Stats. municipal Judge of the Municipal Court shall have such jurisdiction as provided by §755.045 and §755.05 Wis. Stats., and as otherwise provided by State Law. The Municipal Judge is authorized to issue inspection warrants under §66.0119 Wis. Stats. (7) LOCATION AND HOURS The Municipal Court shall be held in the Community Room of the City of Oconomowoc Public Safety Building, 630 East Wisconsin Avenue, Oconomowoc, Wisconsin or at such other locations as the Administrative Committee may direct. The Municipal Court shall be open at such times as determined by the Municipal Judge, but no less than every Friday commencing at 8:00am. 148 3 LCMC Ordinance REV 22026 (8) FINES AND FORFEITURES The Municipal Judge may impose punishment and sentence as provided by Section 800.09, Wis. Stats., and as provided in the ordinances of the Member Municipalities. All forfeitures, fees, penalty assessments, and other costs paid to the Municipal Court shall be accounted for and disbursed by the Municipal Court with the approval of the Operations Committee on a not less than monthly basis. (9) STIPULATIONS AND DEPOSITS IN MUNICIPAL COURT The Municipal Court herein established shall be operated pursuant to and in compliance with the provisions of Chapter 800 Wis. Stats., and where applicable, other provisions of the Wis. Stats. as referred to in subsection (10) below. The Municipal Judge shall establish in accordance with §800.03(3) Wis. Stats., a schedule of deposits for violations of City, Town, and Village ordinances, resolutions and bylaws, except traffic regulations which are and shall be governed by §345.26 Wis. Stats., and boating violations which are, and shall be governed by §23.66 and §23.67 Wis. Stats. Such deposit schedule shall be approved by the respective governing bodies of the municipalities creating and establishing this Court and shall be made available upon request. (10) PROCEDURE IN MUNICIPAL COURT The procedure in Municipal Court shall be as provided by this Ordinance and State Law including, but not excluding because of enumeration Chapter 66, 345, 751, 755, 757, and 800 of Wis. Stats. (11) CONTEMPT PROCEDURE (a) The Municipal Judge may impose a sanction authorized under §800.12(1) for contempt of court, as defined in §785.01(1) Wis. Stats., in accordance with the procedure under §785.03 Wis. Stats. (b) The Municipal Judge may impose a forfeiture for contempt under §800.12(2) Wis. Stats., in an amount not to exceed $200.00 or, upon nonpayment of the forfeiture and the penalty assessment under §800.12(3) Wis. Stats., a jail sentence not to exceed 7 days. (12) TERMINATION Any Member Municipality may withdraw from this Agreement by giving notice in writing to the Judge and Chair of the Administrative Committee no later than August 31 st of any year. Upon giving such notice, the Member Municipality’s participation in the Municipal Court shall terminate at the end of said year. The Municipal Court hereby established shall not be abolished while the Section 755.01(4), Wis. Stats., Agreement is in effect. SECTION 2. SEVERABILITY The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section of portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections, or 149 4 LCMC Ordinance REV 22026 portions thereof the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: EFFECTIVE DATE This ordinance shall take effect and be in force from and after its passage and publication as provided by law. Dated this 3rd day of March 2026 CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Gina Kozlik, City Clerk ADOPTED: POSTED: PUBLISHED: Z:\City Administrator\Lake Country Municipal Court\2026\Council Items for 03032026\Ordinance 26-O1117 to Repeal and Recreate Ordinance 24-O1065 to Create and Establish a Municipal Court Final Rev3 03032026.docx 150 www.oconlake.com villagehall@oconlake.com Phone: 262-567-5301 Fax: 262-567-7447 VILLAGE OF OCONOMOWOC LAKE 35328 W. Pabst Road, Oconomowoc, Wisconsin 53066 MEMO To: Lake Country Municipal Court Communities From: Donald Wiemer, Chair, Administrative Committee Date: January 14, 2026 Reference: Municipal Ordinance and 66.0301 Successor Agreement Attached are two documents for your review and municipal approval. These two documents have been updated to reflect the addition of Village of Palmyra to the court as a contracted member. The only change to both documents is the addition of the Village of Palmyra. As to the revised municipal ordinance that creates the court, I ask that you repeal your latest court ordinance and approve this ordinance. Under section 1, there are blanks for referencing your previous ordinance and when it was adopted. The Successor Agreement revisions have been made to reflect the Village of Palmyra as a contract member. Both of these documents are in Word so they can be modified to reflect your ordinance format. Please return a copy of these to the court clerk for our records. If you have any questions, please feel free to call me at 414-881-9726. Z:\City Administrator\Lake Country Municipal Court\2026\Council Items for 03032026\Memo for Successor Agreement and Ordinance from LCMC 03032026.docx 151 Page 1 of 5 REV 2/2026 SUCCESSOR AGREEMENT FOR THE OPERATION OF THE LAKE COUNTRY MUNICIPAL COURT a/k/a MUNICIPAL COURT FOR WESTERN WAUKESHA COUNTY (Pursuant to Section 66.301, Wis. Stats.) AGREEMENT effective this 3rd day of March 2026 and on the date set opposite the signature of the Mayor, Village President, or Town Board Chairperson, by and between the, all being municipal corporations organized and existing under the laws of the State of Wisconsin. City of Delafield, City of Oconomowoc, Town of Delafield, Town of Erin, Town of Merton, Town of Oconomowoc, Town of Ottawa, Town of Sullivan, Village of Chenequa, Village of Dousman, Village of Hartland, Village of Johnson Creek, Village of Lac LaBelle, Village of Lisbon, Village of Merton, Village of Nashotah, Village of Oconomowoc Lake, Village of Sullivan, Village of Summit, Village of Sussex, Town of Ixonia (Contract Member), Town of Sullivan (Contract Member), and Village of Palmyra (Contract Member) (collectively the “Members”). RECITALS: WHEREAS, Section 755.01(1), Wis. Stats., provides that any municipality may establish a municipal court to be maintained at the expense of the municipality; and WHEREAS, Section 755.01(4), Wis. Stats., provides that two or more cities, towns, or villages may enter into an agreement under Section 66.0301, Wis. Stats., for the joint exercise of the power granted under Section 755.01(1), after enactment of identical ordinance by each affected City, Town, or Village; and WHEREAS, the municipalities that are parties to this Agreement have enacted identical ordinances thereby creating and establishing a municipal court to serve said municipalities; and WHEREAS; the municipalities have expressed willingness to enter into a contract for the joint operation of said municipal court and for the equitable sharing of the costs thereof, pursuant to Section 755.01(4) and 66.0301, Wis. Stats. NOW, THEREFORE, in consideration of the benefits to be derived by each municipality from the joint operation of the municipal court, the Members agree as follows: 1. MUNICIPAL COURT. The Lake Country Municipal Court (“Municipal Court”) shall be organized and shall operate pursuant to Chapter 755 Wis. Stats., the ordinances adopted by the member municipalities, and the terms of this Agreement. In the event of conflict, the provisions of the Wisconsin statutes governing this Municipal Court shall prevail. Pursuant to Section 755.01(4), Wis. Stats., each member of the multimember Municipal Court shall adopt identical ordinances, and after adoption execute this Intermunicipal Agreement. 2. ORGANIZATION. Except for matters required by statute to be determined by the respective governing bodies of member municipalities, the general operation of the Municipal Court shall be by the judge and the Court Administrative Committee. In addition, the Administrative Committee has currently authorized three sub-committees, namely: (1) Operations Committee; (2) Personnel Committee; and (3) Long Range Planning Committee. Each sub-committee shall have no less than three (3) members appointed by the chairperson of the Administrative Committee. Each sub-committee will in turn appoint a chair and keep brief minutes/notes of any meetings. Meetings will be publicly posted. The Operations Committee will meet not less than monthly, review and approve monthly 152 Page 2 of 5 REV 2/2026 financial statements and payment of bills, deal with general court operations, and formulate and recommend the annual court budget. The Personnel Committee may be involved, either individually or jointly, in the update of any employee handbook. The Long- Range Planning Committee will meet as needed to discuss and make recommendations as to the Municipal Court’s future facility needs. 3. COURT ADMINISTRATIVE COMMITTEE. a) Composition. The Court Administrative Committee shall be comprised of one representative of each member municipality who shall be appointed by the Mayor, President, or Chairperson of the member municipality, subject to confirmation by the respective governing body. To assure participation and continuity of representation, each member municipality may appoint an alternate who shall act on committee matters, in the absence of the representative. The Administrative Committee shall appoint a chair and vice chair for a term not to exceed two (2) years. These appointments shall occur at the annual fall meeting or whenever a vacancy occurs. The appointments take effect on January 1 of the following year. b) Powers and Duties. The Administrative Committee shall have general control over the operation of the Municipal Court, except where such control is specifically granted to the Judge or the governing bodies by statute, in which case the Administrative Committee shall be a recommending agency. The Administrative Committee may delegate certain authority of powers to the Operations Committees or other committees. The Administrative Committee shall recommend to the governing bodies the annual court budget and the ba