4-20-26 City Council Packet

CITY OF MENOMONIE COUNCIL MEETING AGENDA Menomonie City Hall 800 Wilson Avenue 1st Floor, City Council Chambers 7:00 pm Monday – April 20, 2026 Page 1 of 2 Pledge of Allegiance 1. Roll Call 2. Recognitions 3. Approval of Minutes a) April 6, 2026 Regular Meeting b) April 9, 2026 Special Meeting 4. Public Comments (agenda items only). 5. New Business: a) Consider Offer To Purchase from Stainless Technologies Limited Liability Company for property on Packer Drive – discussion and possible action. b) Consider Tax Increment District Development Agreement with Stainless Technologies Limited Liability Company for development of a manufacturing facility on Packer Drive – discussion and possible action. c) Proposed Resolution 2026-10, a Resolution Recognizing April 24, 2026 as Arbor Day – discussion and possible action. d) Proposed Resolution 2026-11, a Resolution Recognizing April 24, 2026 as Migratory Bird Day – discussion and possible action. e) Proposed Resolution 2026 -12, Resolution Authorizing the Issuance and Sale of Up to $4,390,211 Water System Revenue Bonds, Series 2026A – discussion and possible action. f) Proposed Resolution 2026-13, Guarantee of Match Funds for the 2026 Community Development Block Grant Public Facilities (CDBG -PF) Application for the Well #9 Phase II Project – discussion and possible action. g) Proposed Resolution 2026 -14, Authorizing Resolution to Submit a Community Development Block Grant (CDBG) Application for the Well #9 Phase II Project – discussion and possible action. h) Proposed Resolution 2026 -15, Declaring Official Intent to Reimburse Expenditures for the Well #9 Phase II Project – discussion and possible action. Page 2 of 2 i) Consider Amendment #2 to Water Tower Equipment Location Lease with Verizon Wireless – discussion and possible action. j) Consider 2026-2028 Wakanda Water Park Concession Agreement with Rochelle Kroening d/b/a Wakanda Waterpark Concessions – discussion and possible action. k) Special Event Permit Application from Menomonie Pickleball Club for Men’s Ladder League (8 pickleball courts in Wakanda Park from 5pm to 8pm on Tuesdays until June 30, 2026) – discussion and possible action. l) Special Event Permit Application from Menomonie Pickleball Club for Women’s Ladder League (8 pickleball courts in Wakanda Park from 5pm to 8pm on Thursdays until July 2, 2026) – discussion and possible action. m) Special Event Permit Application from Court Cougars for Women’s General Pickleball Play (8 pickleball court and 1 tennis court in Wakanda Park from 7am to 11am on Tuesdays until August 25, 2026) – discussion and possible action. 6. Budget Transfers 7. Mayor’s Report 8. Communications and Miscellaneous Business 9. Claims 10. Licenses a) Normal license list – discussion and possible action b) Renewal license list – discussion and possible action 11. Adjourn “PUBLIC ACCESS” NOTE: Members of the public may view City Council meetings via Zoom Teleconference / Video Conference or over the internet by going to https://zoom.us/join (URL for Zoom meeting), or by calling 1 312 626 6799. The Access Code for the meeting is 818 0071 0977. Please note this is for viewing purposes ONLY . If you wish to participate, you must appear in person at the meeting. NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities. For additional information or to request the service, contact the City Clerk or the City Administrator at 715-232-2221. CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 1 of 7 2. Recognitions: Tonight, the Council and the City of Menomonie will honor the service of Mayor Randy Knaack and Council President Mary Solberg. Council President Mary Solberg began her service as an alderperson on September 8, 2009, when she filled a vacant seat in Ward 8. She went on to serve as an alderperson for nearly seventeen years. During her tenure, she served on many boards and commissions that helped shape development, public safety, and the recreational opportunities citizens have come to enjoy. Prior to her service on the Council, she served as a commissioner on the Menomonie Police & Fire Commission and as the executive director of the Main Street Program. Mayor Randy Knaack was first elected mayor on April 6, 2010, and has continued to serve in that role for 16 years—the longest-tenured mayor since the City of Menomonie changed to a mayor-council form of government in the mid-1980s. Over the past sixteen years, Mayor Knaack has led considerable change in the community. He expanded the City’s parks and trail system. He inspired cleanup efforts in the Lake Menomin and Red Cedar Watershed that led to dredging, regional conferences, and stormwater improvements. He built a new Community Services Building for Public Works. He created a pathway for a major renovation of the Waste Treatment Plant. He initiated the City’s Environmental program and brought in staff who created grant opportunities to improve residents' quality of life. He inspired the genesis of Project Hope, which is now a nationally recognized initiative that serves people suffering from substance use disorders. He brought in housing developments at Whisper Ridge, Timber Canyon, The Heights, Maplewood Eco-Cottages, and Estover Estates. Please join together in thanking Mayor Knaack and President Solberg for their many years of service and in wishing them well in all of their future endeavors. CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 2 of 7 3. Approval of Minutes: a) Draft minutes from the City Council Meeting on April 6, 2026, are enclosed. If the Council concurs, the appropriate motion would be Approve the Minutes from the April 6, 2026, City Council Meeting (simple majority vote). b) Draft minutes from the Special City Council Meeting on April 9, 2026, are enclosed. If the Council concurs, the appropriate motion would be Approve the Minutes from the April 9, 2026, City Council Meeting (simple majority vote). 5. New Business: a) Enclosed is a memorandum regarding a proposed Offer To Purchase with Stainless Technologies. Administrator Atkinson and Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Offer To Purchase from Stainless Technologies Limited Liability Company, as presented (roll call vote). b) Enclosed is a memorandum regarding a proposed Tax Increment District Development Agreement with Stainless Technologies. Administrator Atkinson and Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Tax Increment District Development Agreement with Stainless Technologies Limited Liability Company, as presented (roll call vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 3 of 7 c) Enclosed is a memorandum regarding Tree City USA. Environmental Program Coordinator Hines will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-10 as presented to proclaim April 24, 2026 as Arbor Day in the City of Menomonie (simple majority vote). d) Enclosed is a memorandum regarding Bird City Wisconsin. Environmental Program Coordinator Hines will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-11 as presented to proclaim April 24, 2026 as International Migratory Bird Day in the City of Menomonie (simple majority vote). e) Enclosed is a memorandum regarding Resolution 2026-12 which would Authorize the Issuance and Sale of up to $4,390,211 Water System Revenue Bonds Series 2026A. Administrator Atkinson and Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-12 Authorizing the Issuance and Sale of Up to $4,390,211 Water System Revenue Bonds, Series 2026A and Providing for Other Details and Covenants with Respect Thereto (roll call vote). f) Enclosed is a memorandum regarding Resolution 2026-13 which would Guarantee Match Funds for the 2026 CDBG-PF Application for the Well #9 Phase II Project. Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-13 Guarantee of Match Funds for the 2026 Community Development Block Grant Application for the Well #9 Phase II Project (roll call vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 4 of 7 g) Enclosed is a memorandum regarding Resolution 2026-14 which would Authorize the Submission of a Community Development Block Grant Application for the Well #9 Phase II Project. Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-14 Authorization to Submit a Community Development Block Grant Application for the Well #9 Phase II Project (roll call vote). h) Enclosed is a memorandum regarding Resolution 2026-15 which would Declare Official Intent to Reimburse Expenditures for the Well #9 Phase II Project. Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-15 Declaring Official Intent to Reimburse Expenditures for the Well #9 Phase II Project (roll call vote). i) Enclosed is a memorandum regarding a proposed Amendment No. 2 to Water Tower Equipment Location Lease with Verizon Wireless. Public Works Director Schofield and Water Superintendent Hoyt will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Amendment No. 2 to the Water Tower Equipment Location Lease with Verizon Wireless, as presented (roll call vote). j) Enclosed is a memorandum regarding a proposed 2026-2028 Wakanda Water Park Concession Agreement with Rochelle Kroening d/b/a Wakanda Waterpark Concessions. Recreation Director Stai will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Wakanda Water Park 2026-2028 Concession Agreement with Rochelle Kroening doing business as Wakanda Waterpark Concessions, as presented (roll call vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 5 of 7 k) Enclosed is a memorandum regarding a Special Event Request Application for a Tuesday Night Pickleball Men’s Ladder League at Wakanda Park. The Recreation Advisory Board reviewed the Application and recommended approval. Recreation Director Stai will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Special Event Permit Application from Menomonie Pickleball Club for the Men’s Ladder League for 8 pickleball courts in Wakanda Park from 5pm to 8pm on Tuesdays until June 30, 2026 (simple majority vote). l) Enclosed is a memorandum regarding a Special Event Request Application for a Thursday Night Pickleball Women’s Ladder League at Wakanda Park. Recreation Advisory Board reviewed the Application and recommended approval. Recreation Director Stai will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Special Event Permit Application from Menomonie Pickleball Club for the Women’s Ladder League for 8 pickleball courts in Wakanda Park from 5pm to 8pm on Thursdays until July 2, 2026 (simple majority vote). m) Enclosed is a memorandum regarding a Special Event Request Application for a Tuesday Morting Pickleball Women’s General Play at Wakanda Park. Recreation Advisory Board reviewed the Application and recommended excluding the tennis court from the approval, as that is the only City-owned tennis court. Recreation Director Stai will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Special Event Permit Application from Court Cougars for the Women’s General Play for 8 pickleball courts in Wakanda Park from 7am to 11am on Tuesdays until August 25, 2026 (simple majority vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 6 of 7 6. Budget Transfers One budget transfer from the Contingency Fund in the amount of $8,000 for Building Inspection Department’s modifications to its inspection software to be used for Neighborhood Stabilization and Enhancement District Proactive Rental Inspections is enclosed in the packet. If the City Council concurs, the appropriate motion would be Approve the Budget Transfer, as presented (roll call vote). If any additional budget transfers are identified, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Budget Transfers, as presented (roll call vote). 8. Communications a) The “new” City Council will hold its Organizational Meeting on Tuesday April 21, 2026 at 7pm in the City Council Chambers. b) The “new” City Council will hold its first Regular Meeting on Monday May 4, 2026 at 7pm in the City Council Chambers. c) City received word last week that it was awarded a WisDOT MSIS grant in the amount of almost $600,000 for the resurfacing of 14th Avenue East and Dairyland Road. 9. Claims The Claims list is enclosed in the packet. If the City Council supports paying the claims, the appropriate motion would be Approve the Claims List, as presented (roll call). If any additional claims are identified, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Claims List, as presented (roll call). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – April 20, 2026 Page 7 of 7 10. Licenses a) The normal license list is enclosed in the packet. If the City Council concurs, the appropriate motion would be Approve the Normal License List, as presented (simple majority). If any license applications are received, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Normal License List, as presented (simple majority). b) The renewal license list is enclosed in the packet. If the City Council concurs, the appropriate motion would be Approve the Renewal License List, as presented (simple majority). If any license applications are received, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Renewal License List, as presented (simple majority). CITY OF MENOMONIE COUNCIL MEETING OFFICIAL COUNCIL PROCEEDINGS Page 1 of 3 A regular meeting of the City Council of the City of Menomonie, Dunn County, Wisconsin, was held in open session on, April 6, 2026, and called to order by Mayor Knaack at 7:00 p.m. in the City Council Chambers. The following members were present: Luther, Crowe, Sutherland, Yonko Pickard, Schwebs, Schlough, Erdman and Sommerfeld. Gentz and Solberg were absent. MOTION made by Erdman, seconded by Schlough, and carried unanimously to approve the minutes of the March 23, 2026, City Council meeting. PUBLIC HEARING – Proposed Ordinance 2026-07, an Ordinance amending Title 8, Chapter 2 of the City Code to clarify responsibility for operation and maintenance of building sewers, amend the mercury discharge limit, and enact PFOA and PFOS discharge limits. A letter received from 3M was included in the City Council packet. No other public comments were received. Further consideration of Proposed Ordinance 2026-07 will occur at a later date. PUBLIC COMMENTS – Michael Higgins, Director of Engineering and Architecture for UW-Stout, was present for any questions related to agenda item 5 (d). Jon Menz, CEO of the West Central WI Workforce Development Board, and Meagan Frank, Co-Chair of the WCWWD Board, were present for any questions related to agenda item 5 (f). Rebecca Sheahan, Director of Campus Ministry for Stout Catholic, was present for any questions related to agenda item 5 (e). MOTION was made by Schwebs, seconded by Pickard, and carried unanimously on roll call vote to approve the purchase of a John Deere 1550 Mower with a 72-inch-wide deck from Tractor Central at a cost of $25,492.52. MOTION was made by Schlough, seconded by Sommerfeld, and carried unanimously to reject all bids for the City Hall office remodel. MOTION was made by Schlough, seconded by Sutherland, and carried unanimously on roll call vote to approve the Wilson Street Bridge Water Main Removal Project Engineering Task Order with Cedar Corporation at a cost of $23,500. MOTION was made by Schwebs, seconded by Pickard, and carried to accept UW-Stout’s dedication of Utility Easements related to the Recreation Center Expansion project, as presented. Schlough abstained. MOTION was made by Crowe, seconded by Yonko, and carried unanimously to approve Stout Catholic’s Praise & Worship Night Special Event on April 24, 2026 at Wilson Park. Page 2 of 3 MOTION was made by Crowe, seconded by Pickard, and carried unanimously to approve the Special Event Request for West Central Wisconsin Workforce Development Board’s July 4, 2026 Special Event to be held in Wakanda Park, contingent upon receipt of proof of insurance. MOTION was made by Pickard, seconded by Erdman, and carried unanimously to appoint Hannah Stewart, Robb Jensen, and Adam Kohls, and reappoint Ashley Prange and Ryan Verdon to the Business Improvement District Board, as presented. MOTION was made by Yonko, seconded by Pickard, and carried unanimously to reappoint Kyle Behrens, Jody Pabich, Riley Fedderson, Linda Bark, and Tammy Simon to the Recreational Advisory Board, as presented. MOTION was made by Pickard, seconded by Schwebs, and carried unanimously to reappoint Dave Pellett to the Police and Fire Commission, as presented. MOTION was made by Pickard, seconded by Crowe, and carried unanimously to appoint Justin Schenck to the Bicycle & Pedestrian Advisory Committee, as presented. BUDGET TRANSFERS – MOTION was made by Erdman, seconded by Sutherland, and carried unanimously on roll call vote to approve the budget transfer, as presented. MAYOR’S REPORT – Mayor Knaack reminded everyone that tomorrow is Election Day. COMMUNICATIONS AND MISCELLANEOUS BUSINESS – The Spring Election will be held on Tuesday April 7, 2026. The “old” City Council will hold a Special Meeting on Thursday April 9, 2026 at 7pm in the City Council Chambers. The “old” City Council will hold its final Regular Meeting on Monday April 20, 2026 at 7pm in the City Council Chambers. The “new” City Council will hold its Organizational Meeting on Tuesday April 21, 2026 at 7pm in the City Council Chambers. The “new” City Council will hold its first Regular Meeting on Monday May 4, 2026 at 7pm in the City Council Chambers. Crowe shared that the Mabel Tainter Theater held a sold-out event this past weekend, the Fly- Fishing Film Tour, formerly hosted in River Falls, that attracted audiences across WI & MN. Communications Specialist, Zaria Whitacre, thanked the poll workers and the City Clerk’s Office for all their hard work tomorrow, and for every election and encouraged people to get out and vote. Schlough reported that the Dunn County Humane Society will be hosting its spring fundraiser at the Fanetti Center on April 21. Yonko shared that the Rassbach Museum will be hosting the “Decades Dance” on April 18. Page 3 of 3 CLAIMS – MOTION was made by Pickard, seconded by Luther, and carried unanimously on roll call vote to approve payment of the following claims: APRIL 6, 2026 CLAIMS USPS $1,367.38 TOTAL $1,367.38 PARKING UTILITY CLAIMS 2026 CITY TREASURER $16,730.75 IPS GROUP INC $2,560.84 TOTAL $19,291.59 MOTION was made by Schlough, seconded by Erdman, and carried unanimously to approve the following license: LICENSES – APRIL 6, 2026 LICENSE YEAR 2025-2026 CHANGE OF AGENT: Mark Wallskog, Tanglewood Greens, 2200 Crestwood Dr, Menomonie WI 54751 LICENSE YEAR – 2026-2027 MOBILE FOOD VENDOR: Big Ash Pizza, N5176 558th St, Menomonie, WI 54751 Hers-To-Go, N5425 870th St, Elk Mound, WI 54739 Flippin Good, E2379 1120th Ave, Boyceville, WI 54725 K&K Poppin Stop, 300 Court Rd, #6, Plum City, WI 54761 MOTION to adjourn was made by Luther, seconded by Pickard, and carried unanimously. Kate Martin, City Clerk CITY OF MENOMONIE COUNCIL MEETING OFFICIAL COUNCIL PROCEEDINGS Page 1 of 1 A special meeting of the City Council of the City of Menomonie, Dunn County, Wisconsin, was held in open session on, April 9, 2026, and called to order by Mayor Knaack at 7:00 p.m. in the City Council Chambers. The following members were present: Luther, Crowe, Yonko Pickard, Schwebs, Gentz, Solberg, Schlough, Erdman and Sommerfeld. Sutherland was absent. NO ACTION was taken on the summary of written public input received regarding Data Center (I-4) District. PUBLIC COMMENTS – Members of the public who spoke in support of adopting the Community Resolution, drafted by local residents, regarding Data Center Provisions: Blaine Halverson spoke in regards to a Community Resolution regarding Data Centers, drafted by local residents. The following members of the public spoke in support of adopting such Resolution, and highlighted specific provisions within the Community Resolution: Deanna Shane, April Heinberg, Kasey Yallaly, Ciara Ahrens, Terry Siebold, Ceceilia Cooper, Bruce Siebold, Brit Blankenheim, Andrew Cseter, Willow Cloutier, Barb Nicol, Cindi Wiese, Nancy Hayden, and Beth Kilby. Public Works Director, David Schofield, read a letter submitted by Jessica White, in support of adopting environmental regulations within the Data Center (I-4) District. MOTION to adjourn was made by Gentz, seconded by Pickard, and carried unanimously. Kate Martin, City Clerk MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: Proposed Offer to Purchase and Tax Increment District Development Agreement with Stainless Technologies Limited Liability Company DATE: April 20, 2026 City Council Meeting Stainless Technologies, currently located at 5408 3M Drive, has expressed a desire to expand their operations in the City of Menomonie. They bend and weld stainless steel tanks, pipes and other devices for use in the food, dairy and beverage industries. Their desired location is Lot 1 of CSM # 4968 on Packer Drive upon which they would build a new facility of at least 40,000 square feet and create at least 35 new jobs. This property is located within TID #17. City Staff, with assistance from Atty. Ludeman, have negotiated the attached proposed Offer To Purchase and Tax Increment District Development Agreement with representatives of Stainless Technologies. The proposed documents, include the following notable provisions: • Stainless Technologies would purchase Lot 1 of CSM # 4968 from the City for $40,000 per acre x 9.58 acres = $383,200. • Offer To Purchase is contingent upon Execution of Development Agreement. • Stainless Technologies would not be able to proceed with the project but for the City providing Tax Increment District Financing. • Stainless Technologies will construct improvements that will have a minimum assessed value of $2,500,000. • If Stainless Technologies does not commence construction by May 1, 2027, City has the option to repurchase property for the original sale price. • City will provide pay-as-you-go (“PAYGO”) Tax Increment District incentives in the amount of 85% of the available tax increment in 2029, 2030, 2031, 2032 and 2033, up to $383,200. City Staff recommend approval of the documents. If the City Council concurs, the appropriate motions would be: 1. Approve Offer To Purchase from Stainless Technologies Limited Liability Company, as presented (roll call vote). 2. Approve Tax Increment District Development Agreement with Stainless Technologies Limited Liability Company, as presented (roll call vote). Dunn County, WI Proposed Land Sale to Stainless Technologies Page 1 of 6 AGREEMENT TO PURCHASE REAL ESTATE THIS AGREEMENT TO PURCHASE REAL ESTATE (the “Agreement”) shall be effective as of the day of _______________, 2026 (the “Effective Date”). The parties to this Agreement are the City of Menomonie, a Wisconsin municipal corporation (“Seller”), and Stainless Technologies Limited Liability Company , a Delaware limited liability company (“Buyer”). Seller and Buyer are each sometimes referred to herein as a “Party” and are collectively referred to as the “Parties” to this Agreement. WHEREAS, this Agreement is executed pursuant to that certain Development Agreement between Seller and Buyer dated even date hereof (the “Development Agreement”), and the Parties obligations hereunder are contingent upon execution of said Development Agreement. NOW THEREFORE, for valuable consideration conferred by the Parties, the receipt and sufficiency which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURCHASE AND SALE 1.1 In consideration of the mutual promises of the Parties as set forth herein , Seller agrees to sell and Buyer agrees to buy all of Seller’s interest in the real property in Dunn County, Wisconsin, legally described on Exhibit A (the “Property”). ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.1 Purchase Price. The total purchase price (the “ Purchase Price”) to be paid by Buyer to Seller for the Property shall be Three Hundred Eighty -Three Thousand Two Hundred and 00/100 Dollars ($383,200.00). The Purchase Price, plus or minus any prorations, shall be paid to Seller in cash or by wire transfer in immediately available funds on the Closing Date, as herein defined. Within ten (10) days of the Effective Date, Buyer shall deliver to Escrow Agent, as hereinafter defined, earnest money in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) (the “Earnest Money”). ARTICLE III TITLE 3.1 Title. Seller, at Buyer’s option and sole cost, shall provide an owner’s policy of title insurance issued by Legends Title Services, LLC, with an address of 2225 Brackett Ave, Eau Claire, WI 54701 (the “ Escrow Agent ”) as issuing agent for a reputable title insurer (“ Title Insurer”) in the amount of the Purchase Price, as may be available from the Title Insurer, showing good and merchantable title to the Property. Seller, at Buyer’s option and sole cost, shall cause the Title Insurer to furnish Buyer a commitment (“Commitment”) for the most current form of ALTA Owner’s Policy of Title Insurance in the amount of the Purchase Price within fifteen (15) Page 2 of 6 days after the Effective Date. The Commitment shall be accompanied by customary bankruptcy, judgment, lien and special assessment searches (collectively, the “Searches”) as well as copies of the so-called exception documents for any exceptions listed in Part B Section II of the Commitment (the “ Exception Documents ”). The Commitment, Searches, and Exception Documents are collectively referred to as the “ Title Evidence .” Buyer shall have ten (10) business days after receipt of the last item of the Title Evidence to examine the Property’s title (the “Title Examination Period”). Buyer shall notify Seller of any objections (“ Objections”) to matters disclosed in the Title Evidence on or before the end of the Title Examination Period. If Buyer fails to provide a list of Objections within this period, then Buyer shall be deemed to have approved the Title Evidence. Seller may, within five (5) days after receipt of the Objections, provide Buyer with written notice of whether Seller elects to eliminate or satisfy th e Objections to the satisfaction of Buyer. If Seller fails to respond in writing or notifies Buyer in writing that it will not satisfy one or more of the Objections, then Buyer shall have the right, within five (5) days after receipt of Seller’s notice, to either waive the Objections and accept title subject to the Objections or terminate this Agreement and have the Earnest Money returned to Seller . Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and cl ear of all liens and encumbrances, except: municipal zoning ordinances and agreements entered under them, Objections that are waived, and general taxes levied in the year of closing, which shall constitute merchantable title. ARTICLE IV CLOSING 4.1 Closing. The payment of the Purchase Price and conveyance of the Property (the “Closing”) shall be held on or before July 1, 2026 on a date mutually agreed upon by the Parties. The closing shall take place at the office of the Escrow Agent, 2225 Brackett Ave, Eau Claire, WI 54701; provided, however, at the election of either Seller or Buyer, the Closing shall not be a face- to-face closing, but rather each Party shall deposit with the Escrow Agent the closing documents required to be given by that Party at least three (3) business days prior to the Closing Date, and Buyer shall cause the balance of the Purchase Price to be delivered to the Escrow Agent promptly after the Escrow Agent provides Seller and Buyer with settlement statements and both Seller and Buyer have approved, signed, and returned electronic copies of the settlement statements to the Escrow Agent. Upon receipt of all of the closing documents in a form that is reasonably acceptable to the Escrow Agent, the Escrow Agent shall record the warranty deed conveying the Property , and distribute the other closing documents when: (i) th e Escrow Agent has received the portion of the Purchase Price due from Buyer at Closing, as provided for in the approved settlement statements; (ii) the Escrow Agent is prepared to deliver to Seller the net proceeds of Closing due to Seller pursuant to the approved settlement statements; and (iii) the Title Insurer is prepared to issue to Buyer an owner’s policy of title insurance in a form previously approved by the Title Insurer and Buyer. The date on which the Closing occurs is referred to as the “Closing Date.” 4.2 Seller’s Closing Documents . On the Closing Date, Seller shall execute and/or deliver to Escrow Agent the following (collectively, “Seller’s Closing Documents”): A. Deed. Warranty Deed and transfer return, in form reasonably satisfactory to Page 3 of 6 Buyer, conveying the Seller’s interest in the Property to Buyer. B. IRS Reporting Form . The appropriate Federal Income Tax Reporting form , if any is required. C. Other Documents . All other documents reasonably determined by Buyer or Escrow Agent to be necessary to transfer the Property to Buyer. D. Development Agreement. A Seller executed Development Agreement. E. Memorandum of Development Agreement. A Seller executed Memorandum of Development Agreement as set forth in the Development Agreement. 4.3 Buyer’s Closing Documents . On the Closing Date, Buyer shall execute and/or deliver to Escrow Agent the following (collectively, “Buyer’s Closing Documents”): A. Purchase Price. The Purchase Price. B. Title Documents . Such affidavits of Buyer, Certificates of Value , or other documents as may be reasonably required by the title company to record the Seller’s Closing Documents and issue the title insurance policy. C. Development Agreement. A Buyer executed Development Agreement. D. Memorandum of Development Agreement . A Buyer executed Memorandum of Development Agreement as set forth in the Development Agreement. 4.4 Closing Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: A. Title Insurance and Closing Fee. Buyer shall pay all costs of the owner’s title policy described in Section 3. 1 together with the cost of the lender’s title insurance policy (if any) and any other title endorsements Buyer or its lender desires. B. Transfer Fee. Buyer shall pay the State of Wisconsin Real Estate Transfer Fee , if applicable. C. Real Estate Taxes. The Parties shall prorate the taxes due and payable in 2027 (i.e., real estate taxes for 2026) with Seller paying for that part of the real estate taxes due and payable in 2027 determined by dividing the number of days in 202 6 that Seller owned the Property by three hundred sixty -five. All real estate taxes for taxes due and payable in 202 6 (i.e., real estate taxes for 202 5) are the responsibility of Seller and all real estate taxes due and payable in 2028 (i.e., real estate taxes for 2027) and future years are the responsibility of Buyer. D. Special Assessments. Seller agrees to pay the unpaid balances of levied, pending, Page 4 of 6 certified and deferred special assessments applicable to the Property as of the date of the Closing Date. E. Recording Costs. Buyer shall pay the cost of recording all documents necessary to place record title in the condition warranted and requested by Buyer in this Agreement. F. Closing and Escrow Fee . Buyer and Seller shall equally split all of the customary closing fees or charges imposed by the Escrow Agent. ARTICLE V “AS IS” SALE 5.1 “As-Is” Sale. The Property is being sold “AS -IS, WHERE-IS”. Other than the title warranties described in Section 3.1 above, no representations or warranties are made by Seller concerning the condition of the Property. Seller shall not provide a real estate condition report concerning the Property, and Buyer waives receipt and rights thereto pursuant to Chapter 709 of Wisconsin Statutes. ARTICLE VI DEVELOPMENT AGREEMENT 6.1 Development Agreement Contingency . Seller’s obligation to close under this Agreement is expressly contingent upon the execution of the Development Agreement. If the Parties fail to execute the Development Agreement, then this Agreement shall be null and void and each Party shall have no further obligation with respect to the other and the Earnest Money shall be transferred to the Seller. ARTICLE VII TERMINATION AND REMEDIES 7.1 Buyer’s Remedies . If Seller materially defaults in performing any of Seller’s obligations under the terms of this Agreement on the Closing Date for any reason, other than Buyer’s default, Buyer shall be entitled to terminate this Agreement as its exclusive remedy and retain the Earnest Money. 7.2 Seller’s Remedies. Except as where a remedy is specifically provided herein, if Buyer materially defaults in performing any of Buyer’s obligations under the terms of this Agreement on the Closing Date for any reason other than the Seller’s default, Seller’s shall be entitled to terminate this Agreement, as its exclusive remedy and receive the Earnest Money. ARTICLE VIII Page 5 of 6 MISCELLANEOUS 8.1 Survival of Representations . The representations, warranties, and covenants of Seller and Buyer herein shall survive the Closing and shall not be merged into the Closing. 8.2 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin. Any claim arising out of this Agreement shall be heard in the Circuit Court located in Dunn County, Wisconsin. 8.3 Amendments. This Agreement may not be amended or modified except by a writing signed by both Parties and identified as an amendment to this Agreement. 8.4 No Assignment. Neither Party may assign its rights hereunder to any third party without the prior written consent of the other Party which consent may be in the non -assigning Party’s sole discretion. 8.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties, their heirs, legal representatives, successors and assigns. 8.6 Entire Agreement. This Agreement constitutes the final, complete and exclusive agreement between the Parties with respect to its subject matter and supersedes all past and contemporaneous agreements, promises, and understandings, whether oral or written, between the Parties. 8.7 Notices. All notices and other communications between the Parties related to this Agreement shall be in writing and may be given in any of the following ways: (i) by personal delivery, in which case the notice shall be deemed to be given on the date of personal delivery; (ii) by Federal Express or equivalent nationally or regionally recognized courier that issues receipts evidencing delivery, in which case the notice shall be deemed given one day following receipt of such notice by the courier; (iii) by U.S. mail, in which case the notice shall be deemed given upon posting the notice in the mail; or (iv) by email, if the recipient receives the email. The Parties agree that each Party will promptly respond to any email received with a reply confirming receipt and failure to do so shall be considered a default under this Agreement. Notices shall be given to the respective addresses of the Parties set out below: If to Seller: City of Menomonie ATTN: City Administrator Eric Atkinson 800 Wilson Avenue Menomonie, Wisconsin 54751 atkinsone@menomonie-wi.gov with a copy to: Weld Riley, S.C. ATTN: Attorney Benjamin D. Ludeman 3624 Oakwood Hills Pkwy Eau Claire, WI 54701 bludeman@weldriley.com Page 6 of 6 If to Buyer: Stainless Technologies Limited Liability Company ATTN: Mark Dachel 5408 3M Drive, Suite B Menomonie, WI 54751 mdachel@stainlesstech.com with a copy to: Stainless Technologies Limited Liability Company ATTN: Dave Stordahl 5408 3M Drive, Suite B Menomonie, WI 54751 dstordahl@stainlesstech.com 8.8 Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect as if the invalid or unenforceable provision had never been a part of the Agreement. 8.9 Waiver. The failure of either Party to complain of any default by the other Party or to enforce any of such Party’s rights, no matter how long such failure may continue, will not constitute a waiver of the Party’s rights under this Agreement. The waiver by either Party of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision. No part of this Agreement may be waived except by the further written agreement of the Parties. 8.10 Counterparts and Effective Date . This Agreement may be executed in counterparts, all of which when taken together shall be deemed to constitute one and the same instrument. This Agreement shall be binding when properly executed signature pages have been delivered by each Party to the other, whether by delivery of an original or a copy via facsimile or electronic mail. 8.11 Attorney’s Fees . Any Party defaulting under this Agreement or any closing document shall pay the attorney’s fees and court costs incurred by the non -defaulting party to enforce its rights regarding such default. 8.12 No Broker’s Commission. Buyer and Seller each represent to the other that it has not used a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker’s commission or finder’s fee against one of the Parties to this Agreement, the Party against whom the claim is asserted will indemnify and hold the other Party harmless from said claim. 8.13 Time. Time is of the essence as to all dates and deadlines in this Agreement. (Signature Pages to Follow) 4908-2382-0156, v. 2 [Signature Page 1 of 2] IN WITNESS WHEREOF, this Agreement to Purchase Real Estate has been executed effective as of the Effective Date. SELLER: CITY OF MENOMONIE, a Wisconsin municipal corporation By: Randy Knaack, Mayor Attest: Catherine Martin, City Clerk [Signature Page 2 of 2] IN WITNESS WHEREOF, this Agreement to Purchase Real Estate has been executed effective as of the Effective Date. BUYER: STAINLESS TECHNOLOGIES LIMITED LIABILITY COPMANY, a Delaware limited liability company By:____________________________________ Name: Title: Exhibit A EXHIBIT A LEGAL DESCRIPTION (Note: Legal Description on the Deed is to match the Legal Description in the Title Commitment) Lot 1 of Dunn County Certified Survey Map 4968, recorded in Volume 25 of Certified Survey Maps, Page 98, Document No. 667340, City of Menomonie, Dunn County, Wisconsin. For informational purposes only: Tax Parcel No.: 17251-2-281217-130-0008 Page 1 of 10 TAX INCREMENTAL FINANCING DEVELOPMENT AGREEMENT THIS TAX INCREMENT AL FINANCING DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ___ day of ___________, 2026, by and among the City of Menomonie, a Wisconsin municipal corporation organized under the laws of the State of Wisconsin ( the “City”), and Stainless Technologies Limited Liability Company , a Delaware limited liability company (“Developer”). The City and Developer may be referred to individually as a “Party” or collectively as the “Parties.” RECITALS WHEREAS, The City is the fee simple owner of the real property located in the City of Menomonie, Dunn County, Wisconsin, described on Exhibit A (the “Development Property”); WHEREAS, Developer is desirous of developing and constructing a minimum 40,000 square foot commercial building on the Development Property for its business (the “Project”) , provided that the City makes available certain financial incentives and other means of assistance in conjunction with such a development; WHEREAS, Developer has estimated that the Project will create an estimated thirty-five (35) jobs within the City of Menomonie; WHEREAS, subject to a successful closing on the purchase of the Development Property, the City and Developer wish to agree to the development , and the provision of various forms of financial assistance in that regard pursuant to the terms and provisions of this Agreement; WHEREAS, pursuant to the authority granted in Wisconsin Statutes, Section 66.1105 (the “TIF Law”), the City and the Joint Review Board for the City of Menomonie created Tax Increment District No. 17 (the “TID”) and have adopted a Tax Increment Project Plan for the TID (“Project Plan”), which includes the Development Property, to finance certain costs and grants to induce development within the TID; WHEREAS, the City believes that the construction of a minimum 40,000 square foot commercial building within the TID by Developer pursuant to this Agreement, the creation of an estimated thirty-five (35) jobs, and fulfillment of this Agreement is in the best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the Project Plan and the public purposes and provisions of the applicable state and local laws and requirements under which the development program has been undertaken and is being assisted; WHEREAS, the City believes that “but for” the City’s providing Developer financial incentives, the Project would not be built, and the important public benefits of the Project would not be achieved; and WHEREAS, the Parties find it appropriate to enter into this Agreement to set forth certain Page 2 of 10 obligations and understandings among the City and Developer related to the Project and financial incentives. NOW, THEREFORE, in consideration of the foregoing recitals and definitions which are hereby incorporated into this Agreement and of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: ARTICLE I DEFINITIONS 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from the context: a. “Available Tax Increment” means the actual cash flow received by the City from the tax increment generated by the Development Property pursuant to the TIF Law. b. “City Administrative Costs” means all costs, including engineering, legal, planning, and financial consultant costs, incurred by the City relating to: the administration of the TID related to the Project; the drafting and negotiation of this Agreement and other agreements relating to the Project or the Development Property; and other costs incurred by the City in connection with the Development Property or the Project. 1.2 Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: Exhibit A Legal Description of the Development Property Exhibit B Concept Site Plan Exhibit C Projected Tax Increment Exhibit D Memorandum of Development Agreement 1.3 Rules of Interpretation. a. This Agreement and the other agreements executed by the Parties in connection with the Development Property shall be interpreted in accordance with and governed by the laws of the State of Wisconsin. b. The words “herein” and “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. c. References herein to a particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. Page 3 of 10 d. Any titles of the several parts, articles, and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. e. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement, which can be given effect without the conflicting provisions, and to this end the provision of this Agreement are declared to be severable. ARTICLE II DEVELOPMENT INCENTIVES AND CALCULATION OF TAX INCREMENT 2.1 Provision of Tax Increment Financing Assistance. In order to induce Developer to undertake development within the TID and complete the Project, the City agrees to make available financial assistance to Developer in an aggregate amount up to the purchase price of the Development Property which is Three Hundred Eighty-Three Thousand Two Hundred and 00/100 Dollars ($383,200.00) (the “Maximum TIF”) . The actual amount of financial assistance will be determined based upon the assessed value of the Development Property upon completion of the Project. The tax increment projections are attached and incorporated herein as Exhibit C. 2.2 Developer’s Covenant to Develop. Subject to the satisfaction of the conditions set forth in this Agreement, Developer shall use reasonable efforts to cause the completion of the Project substantially in accordance with the concept site plan, attached or referenced in Exhibit B. Developer shall construct improvements to the Development Property that will provide an assessed value of the Development Property when construction is completed of not less than $2,500,000.00 (the “Minimum Assessed Value”). 2.3 Payment of Incentives. Subject to the limitations hereinafter set forth, in order to encourage Developer to construct the Project in the City, the City will provide Developer payments over a five (5) year period beginning in 2029 and ending in 2033, totaling up to the maximum amount of the Maximum TIF, payable annually in installments calculated as eighty-five percent (85%) of the Available Tax Increment in each year up to the Maximum TIF discussed in Section 2.1, above. Payments of the Available Tax Increment shall commence on October 15 of 2029, and shall continue on each subsequent October 15 (the “Payment Date”) until October 15, 2033 , provided that: (i) the assessed value of the Development Property is at least the Minimum Assessed Value; (ii) Developer is not in default under the terms and conditions of this Agreement; and (iii) Developer has paid the full amount of property taxes due on the Development Property for the prior year on or before January 31. The amount of the Available Tax Increment shall be calculated by the City’s municipal advisor pursuant to Section 2.5, below. 2.4 Performance Subject to Required Government Approvals and Government Action. Developer acknowledges that the various undertakings described herein may require approval of the City's Common Council and its Plan Commission. The City ’s and Developer’s agreements under this Agreement are conditioned upon obtaining all such approvals in the manner required by law. The City cannot assure that all such approvals will be obtained; however, it agrees to use its Page 4 of 10 best good faith efforts to obtain them on a timely basis. 2.5 Calculation of Tax Increment. a. The City has projected the Tax Increment, and such projections are attached hereto as Exhibit C. Tax Increment generated from the Project will likely vary from the projections based on such factors as: (i) change in Wisconsin Statutes affecting tax increment, tax levies and levy limits, real estate tax classifications and other such laws that are applicable to the calculation of the Tax Increment for the Project; (ii) failure of the owner of the Development Property to pay real estate taxes on time; and (iii) reduction in the value of the Development Property . Such changes may cause the anticipated Available Tax Increment to be less than projected in any year. b. The Parties hereto understand and agree that the City will receive tax increment from the Development Property based on the City of Menomonie’s assessment policy and the TIF Law. The City shall, with the assistance of the City’s municipal financial adviso r, calculate annually on or before September 1 of each year commencing in the year following the start of construction of the Project, and provide to Developer, as soon thereafter as practical, a report showing the tax increment for the TID and the Available Tax Increment. ARTICLE III PURCHASE, CONSTRUCTION, AND REPURCHASE 3.1 Real Estate Purchase Agreement . Developer shall purchase the Development Property on the terms and conditions of that certain Agreement to Purchase Real Estate between the City and Developer for the Development Property. 3.2 Construction Plans. Prior to initiating construction, Developer shall submit to the City the plans, specifications, drawings and related documents (the “Construction Plans”) on the construction work to be performed with respect to the Project, which shall be approved in accordance with the City’s Code of Ordinances, including (a) approvals by the City Zoning and Planning Officials; and (b) shall include at least the following: (i) site plan; (ii) grading plan; (iii) utility plan; (iv) erosion control plan; (v) stormwater management plan (calculations and narrative); (vi) foundation plan; (vii) floor plan for each floor; (viii) cross sections of the building (length and width) and elevations (all sides); (ix) landscape plan; and (x) a narrative description of exterior building materials. 3.3 Commencement and Completion of Construction . Developer shall commence construction: (a) by May 1, 2027, or (b) on such other date as the Parties shall mutually agree in writing, and complete construction no later than December 31, 2027 , unless delayed by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualty, flood, economic crisis, global health pandemics, or acts of God unless such date is extended by the City (“Unavoidable Delays”). 3.4 Option to Purchase. Developer represents and agrees that it will commence and Page 5 of 10 construction of the Project as provided in Section 3.3, above. In the event Developer fails to comply with this construction schedule, the City has the option to repurchase the Development Property for $383,200.00 and Developer shall be responsible for payment of all closing costs, including, but not limited to, owner’s policy of title insurance, gap endorsement, real estate transfer taxes, recording fees, and title company fees (the “Option”) . If the City exercises the Option , Developer shall convey the Development Property to the City, free and clear of all liens and encumbrances, within thirty (30) days of the date City exercises the Option. 3.5 Sale of the Development Property . Developer may not sell the Development Property to any third-party prior to the Project being completed without first offering the City the Option to purchase the Development Property as provided in Section 3.4, above. ARTICLE IV RELEASE AND INDEMNIFICATION COVENANTS 4.1 Release and Indemnification Covenants. a. Developer releases from and covenants and agrees that the City and its governing body members, officers, agents, including their independent contractors, consultants and legal counsel, servants and employees (hereinafter, for purposes of this Section, collectively the “Indemnified Parties”) shall not be liable for , and agrees to indemnify and hold harmless the Indemnified Parties against, any loss or damage to Development Property or any injury to or death of any person resulting from any defect in the Project or the ownership of the Development Property, other than to the extent any such loss or damage is caused, in part or in whole, by the willful acts of an Indemnified Party. b. Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties now and forever and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever (including the City’s reasonable attorneys’ fees and costs it may incur in such proceedings) by any person or entity whatsoever arising or purportedly arising from the action or inaction by Developer pursuant to this Agreement. c. Nothing in this Development Agreement shall be construed as a waiver of , or limitation on, any and all defenses, immunities, and limitations of liability available to the Parties hereto under common law and/or statute. ARTICLE V REPRESENTATIONS AND WARRANTIES OF CITY 5.1 Legal Authority. The City represents and warrants to Developer that it has the power, authority and legal right to perform all of the covenants and obligations required to be entered into or performed by the City, as the case may be, under this Agreement , including, but not limited to, assessing the Development Property as provided in this Agreement. 5.2 Validity. The City represents to Developer that it is empowered to execute and Page 6 of 10 deliver this Agreement and any other agreements and documents, if any, required hereunder to be executed and delivered by the City. This Agreement has been and each such document at the time it is executed and delivered will be duly executed and delivered on behalf of the City. When executed by all Parties and delivered to Developer, all such agreements shall constitute a legal, valid, and binding obligation of the City, enforceable in accordance with its terms. 5.3 No Conflict. City represents to Developer that the execution and delivery of this Agreement, the consummation of the transaction contemplated in this Agreement, and the execution and delivery of the documents required to be executed, delivered , or acknowledged by City will not violate any applicable statute, rule, regulation, judgment, order, or decree of the state of Wisconsin or a court having jurisdiction over the City or its properties. ARTICLE VI REPRESENTATIONS AND WARRANTIES OF DEVELOPER 6.1. Authority. Developer represents and warrants that it is a duly organized limited liability company and in good standing under the laws of the State of Wisconsin, is not in violation of any provisions of its organizational documents or the laws of the State of Wisconsin, has power to enter into this Agreement and to perform its obligations hereunder, and has duly authorized the execution, delivery , and performance of this Agreement by proper limited liability company action. 6.2 Developer will use its best efforts to obtain, in a timely manner, all required permits, licenses, and approvals, and to meet in a timely manner all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the construction of the Project and any and all additional improvements. Where this Agreement contains strict time deadlines with respect to any obligation, such strict time deadlines shall apply, and time shall be of the essence. 6.3 Developer will use its best efforts to construct the Project and all additional improvements in accordance with all local, State, and federal laws and regulations. 6.4 Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in a breach of, the terms, conditions , or provisions of any restriction of Developer, or any indebtedness, agreement or instrument of whatever nature to which Developer, is now a party or by which it is bound, or will constitute a default under any of the foregoing. ARTICLE VII EVENTS OF DEFAULT 7.1 Events of Default Defined. The following shall be “Events of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one or more failures by a Party hereto to substantially observe or perform any covenant, Page 7 of 10 condition, obligation or agreement on its part to be observed or performed under this Agreement, including but not limited to: a. Failure by Developer to commence construction of the Project pursuant to the terms, conditions, and limitations of Section 3.3. b. Failure by Developer to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. c. Failure by the City to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. 7.2 Remedies on Default. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs and is continuing , the non -breaching Party, as specified below, may in addition to its other remedies, take any one or more of the following actions after provision of thirty (30) days’ written notice to the other Party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or if the Event of Default cannot be cured within thirty (30) days, the breaching Party does not provide assurances to the non-breaching Party reasonably satisfactory that the Event of Default will be cured as soon as reasonably possible: a. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. b. The City may terminate this Agreement. c. The Parties hereto may take the appropriate actions, subject to the terms and conditions herein, including legal or administrative actions, which are necessary and appropriate to remedy the uncured breach of any obligation, agreement, or covenant of the non -performing Party under this Agreement. 7.3 No Remedy Exclusive . No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power ma y be exercised from time to time and as often as may be deemed expedient. 7.4 No Additional Waiver Implied by One Waiver . In the event any agreement contained in this Agreement should be breached by any Party and thereafter waived by any other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous, or subsequent breach hereunder. Page 8 of 10 ARTICLE VIII ASSIGNMENT The rights, duties , and obligations of Developer hereunder may not be assigned by Developer to an unaffiliated third -party without the express written consent of the City. In the event of a sale, merger , or reorganization of Developer, City consent is not needed prior to any assignment of this Agreement. ARTICLE IX MISCELLANEOUS PROVISIONS 8.1 Binding Effect. The obligations of Developer and the City shall be binding on their respective successors and assigns. 8.2 No Waiver. No waiver of any provision of this Agreement shall be deemed or constitute a waiver of any other provision, nor shall it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by the City and Developer, nor shall the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults. Either Party’s failure to exercise any right under this Agreement shall not constitute the approval of any wrongful act by the other Party hereto. 8.3 Notice. All notices and other communications between the Parties related to this Agreement shall be in writing and may be given in any of the following ways: (i) by personal delivery, in which case the notice shall be deemed to be given on the date of personal delivery; (ii) by Federal Express or equivalent nationally or regionally recognized courier that issues receipts evidencing delivery, in which case the notice shall be deemed given one day following receipt of such notice by the courier; (iii) by U.S. mail, in which case the notice shall be deemed given upon posting the notice in the mail; or (iv) by email, if the recipient receives the email. The Parties agree that each Party will promptly respond to any email received with a reply confirming receipt and failure to do so shall be considered a default under this Agreement. Notices shall be given to the respective addresses of the Parties set out below: If to Developer: Stainless Technologies Limited Liability Company ATTN: Mark Dachel 5408 3M Drive, Suite B Menomonie, WI 54751 mdachel@stainlesstech.com with a copy to: Stainless Technologies Limited Liability Company ATTN: Dave Stordahl 5408 3M Drive Suite B Menomonie, WI 54751 dstordahl@stainlesstech.com Page 9 of 10 If to City: City of Menomonie ATTN: City Administrator Eric Atkinson 800 Wilson Avenue Menomonie, WI 54751 atkinsone@menomonie-wi.gov with a copy to: Weld Riley, S.C. ATTN: Attorney Benjamin D. Ludeman 3624 Oakwood Hills Pkwy Eau Claire, WI 54701 bludeman@weldriley.com 8.4 Recordation. The City may record a memorandum of this Agreement in the office of the Dunn County Register of Deeds in the same form attached hereto as Exhibit D. 8.5 Compliance with Laws. The Parties hereto shall comply with all federal, state and local laws with respect to this Agreement, the Project, and the Development Property. 8.6 Good Faith. The Parties to this Agreement shall exercise good faith in performing any obligation that Party has assumed under the terms of this Agreement including, but not limited to, the performance of obligations that require the exercise of discretion and judgment. 8.7 Attorney’s Fees. In the event any Party is required to enforce the terms of this Agreement through legal action, the prevailing Party, as determined by a court of competent jurisdiction, shall be entitled to recover its reasonable attorney’s fees and expenses. 8.8 Entire Agreement. This document contains the entire agreement between Developer and the City with respect to the development incentives herein and it shall inure to the benefit of and shall be binding upon the Parties hereto and their respective successors and permitted assigns. This Agreement may be modified only by a written amendment signed by the Parties. 8.9 Governing Law and Venue. The laws of the state of Wisconsin shall govern this Agreement and the venue for any action arising out of this Development Agreement shall be the Circuit Court of Dunn County, Wisconsin. 8.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any of the provisions of this Agreement. 8.11 Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. Page 10 of 10 8.12 Severability. If any provisions of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the same effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or rendering any other provision or provisions contained invalid, inoperative , or unenforceable to any extent whatever. 8.13 Construction of Agreement. Each Party participated fully in the drafting of this Agreement. This Agreement shall not be construed strictly in favor or against either Party. It shall be construed simply and fairly to each Party. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOW Exhibit A IN WITNESS WHEREOF, the Parties hereto have caused this Tax Incremental Financing Development Agreement to be duly executed on the date first above written. CITY: City of Menomonie, a Wisconsin municipal corporation Randy Knaack, Mayor Catherine Martin, City Clerk DEVELOPER: Stainless Technologies Limited Liability Company a Delaware limited liability company By: Name: Title: Exhibit A EXHIBIT A LEGAL DESCRIPTION (Note: Legal Description is to match the Legal Description in the Title Commitment) Lot 1 of Dunn County Certified Survey Map 4968, recorded in Volume 25 of Certified Survey Maps, Page 98, Document No. 667340, City of Menomonie, Dunn County, Wisconsin. For informational purposes only: Tax Parcel No.: 17251-2-281217-130-0008 Exhibit B EXHIBIT B CONCEPT SITE PLAN [attached] EXHIBIT B Exhibit C EXHIBIT C TAX INCREMENT PROJECTIONS [attached] Exhibit C City of Menomonie Tax Increment Forecast Pay-Go Incentive Allocation: 2029 85% TID No. 17 - Stainless Technologies Base Value $0 2030 85% New Building $2,500,000 2031 85% Creation Year 2022 Increment Value $2,500,000 2032 85% End of Expenditure Period 2037 2033 85% Maximum Life of District (Final Year) 2042 Final Revenue Collection Year 2043 Construction Year Valuation Year Revenue Year Stainless Technologies Projected New Valuation Total TID Value Increment Tax Rate Projected Tax Increment Total Revenues Pay-Go Incentive Total Expenses Annual Balance Cumulative Balance 2026 2027 2028 $2,500,000 2027 2028 2029 $2,500,000 $2,500,000 $21.07 $52,675 $52,675 $44,774 $44,774 $7,901 $7,901 2028 2029 2030 $2,500,000 $2,500,000 $21.07 $52,675 $52,675 $44,774 $44,774 $7,901 $15,802 2029 2030 2031 $2,500,000 $2,500,000 $21.07 $52,675 $52,675 $44,774 $44,774 $7,901 $23,703 2030 2031 2032 $2,500,000 $2,500,000 $21.07 $52,675 $52,675 $44,774 $44,774 $7,901 $31,604 2031 2032 2033 $2,500,000 $2,500,000 $21.07 $52,675 $52,675 $44,774 $44,774 $7,901 $39,505 2032 2033 2034 $2,500,000 $21.07 $52,675 $52,675 $52,675 $92,180 2033 2034 2035 $2,500,000 $21.07 $52,675 $52,675 $52,675 $144,855 2034 2035 2036 $2,500,000 $21.07 $52,675 $52,675 $52,675 $197,530 2035 2036 2037 $2,500,000 $21.07 $52,675 $52,675 $52,675 $250,205 2036 2037 2038 $2,500,000 $21.07 $52,675 $52,675 $52,675 $302,880 2037 2038 2039 $2,500,000 $21.07 $52,675 $52,675 $52,675 $355,555 2038 2039 2040 $2,500,000 $21.07 $52,675 $52,675 $52,675 $408,230 2039 2040 2041 $2,500,000 $21.07 $52,675 $52,675 $52,675 $460,905 2040 2041 2042 $2,500,000 $21.07 $52,675 $52,675 $52,675 $513,580 2041 2042 2043 $2,500,000 $21.07 $52,675 $52,675 $52,675 $566,255 Prepared by City of Menomonie 4/14/2026 Revenues Expenses Balances Exhibit D EXHIBIT D MEMORANDUM OF DEVELOPMENT AGREEMENT [attached] Page 1 of 2 MEMORANDUM OF DEVELOPMENT AGREEMENT Recording Area Name and Return Address Benjamin D. Ludeman Weld Riley, S.C. PO Box 1030 Eau Claire, WI 54702-1030 This is not a conveyance under Wis. Stat. § 77.21(1), and is not subject to transfer return or fee. See Exhibit A Attached Parcel Identification Numbers (PINs) This is not homestead property. THIS DOCUMENT WAS DRAFTED BY: Attorney Benjamin D. Ludeman Weld Riley, S.C. PO Box 1030 Eau Claire, WI 54702-1030 Page 2 of 2 MEMORANDUM OF DEVELOPMENT AGREEMENT THIS MEMORANDUM OF DEVELOPMENT AGREEMENT (this “Memorandum”) is made and entered into by and between the City of Menomonie, a Wisconsin municipal corporation ( the “City”) and Stainless Technologies Limited Liability Company , a Delaware limited liability company (“Developer”), who agree as follows: WHEREAS, as of ________ ,___, 2026, a Development Agreement (the “Development Agreement”) was entered into by and between the City and Developer regarding the property legally described on the attached Exhibit A (the “Property”); and WHEREAS, Developer and City wish to memorialize of record the existence of the Development Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is agreed, Developer and City agree as follows: 1. Notice is hereby given that the Property is subject to all terms and conditions of the Development Agreement, which includes an option to purchase. 2. Reference is made to the Development Agreement for a full statement of the terms and conditions of the Development Agreement, all of which are incorporated herein by reference. 3. This Memorandum is made and executed by the parties for the purpose of recording the same in the applicable office in the county in which the Property is located. This Memorandum is executed and delivered with the understanding and agreement that it shall not in any manner whatsoever, alter, modify, or vary the terms and conditions of the Development Agreement. 4. The obligations of the City and Developer under the Development Agreement run with the Property and inure to the benefit of the City and Developer, and their respective successors and assigns, and are incorporated herein by this reference. [Signature Pages Follow] Signature Page 1 of 2 IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed on the date(s) set forth below. CITY: City of Menomonie, a Wisconsin municipal corporation Randy Knaack, Mayor Catherine Martin, City Clerk ACKNOWLEDGEMENT STATE OF WISCONSIN ) )ss. COUNTY OF DUNN ) Personally came before me on the ____ day of _____________, 2026, the above -named Randy Knaack and Catherine Martin, to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. _______________________________________ ___________________________, Notary Public State of ____________________ My commission expires: ___________________ Signature Page 2 of 2 DEVELOPER: Stainless Technologies Limited Liability Company, a Delaware limited liability company By: Name: Title: ACKNOWLEDGEMENT STATE OF ____________________ ) )ss. COUNTY OF __________________ ) Personally came before me on the ____ day of _____________, 2026, the above -named ___________________________________________, to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. _______________________________________ ___________________________, Notary Public State of ____________________ My commission expires: ___________________ Exhibit A to Memorandum of Development Agreement EXHIBIT A LEGAL DESCRIPTION (Note: Legal Description to Match Deed for the Property) Lot 1 of Dunn County Certified Survey Map 4968, recorded in Volume 25 of Certified Survey Maps, Page 98, Document No. 667340, City of Menomonie, Dunn County, Wisconsin. For informational purposes only: Tax Parcel No.: 17251-2-281217-130-0008 MEMORANDUM Megen Hines, Environmental Program Coordinator mhines@menomonie-wi.gov 715-232-2221 Ext. 1005 Page 1 of 1 TO: Mayor Knaack & City Council FROM: Megen Hines, Environmental Program Coordinator SUBJECT: Tree City USA & Bird City Wisconsin Resolutions DATE: April 20th, 2026 City Council Meeting The City of Menomonie has been recognized has a Tree City USA by the National Arbor Day Foundation for the last 36 years. The Urban Forestry Board again plans to achieve this recognition for 2026 and is planning to host an Arbor Day Celebration on Friday, April 24, 2026. The Urban Forestry Board and City staff are asking the City Council to support a resolution proclaiming April 24, 2026 as Arbor Day in the City of Menomonie. If the City Council approves of supporting the Arbor Day resolution the appropriate motion would be Approve Resolution 2026-10 as presented to proclaim April 24, 2026 as Arbor Day in the City of Menomonie. The City of Menomonie has been recognized as a Bird City Wisconsin by the Bird City Wisconsin Foundation. The Urban Forestry Board plans to achieve this recognition for 2026 and plans to incorporate bird education during the Arbor Day Celebration on Friday, April 24, 2026. The Urban Forestry Board and City staff are asking the City Council to support a resolution proclaiming April 24, 2026 as International Migratory Bird Day in the City of Menomonie. If the City Council approves of supporting the International Migratory Bird Day Resolution, the appropriate motion would be Approve Resolution 2026-11 as presented to proclaim April 24, 2026 as International Migratory Bird Day in the City of Menomonie. Attachments: • Arbor Day Resolution 2026-10 • International Migratory Bird Day Resolution 2026-11 RESOLUTION NO. 2026-10 City of Menomonie A RESOLUTION RECOGNIZING ARBOR DAY WHEREAS, Arbor Day was first proposed in 1872 by J. Sterling Morton and led to the planting of over one million trees in Nebraska, and; WHEREAS, Arbor Day is now celebrated across the nation and globally, and; WHEREAS, Trees improve air and water quality, reduce energy costs, prevent erosion, support wildlife, and provide valuable resources, and; WHEREAS, Trees enhance property values, support economic vitality, and improve quality of life in urban areas, and; WHEREAS, Menomonie has been recognized as a Tree City USA and remains committed to sustaining and growing its urban forest; NOW, THEREFORE, BE IT RESOLVED, the City of Menomonie recognizes April 24, 2026, as Arbor Day in the City of Menomonie, and encourages residents to support tree care and planting efforts in our community. Adopted this 20th day of April, 2026. I hereby certify that the foregoing resolution was duly adopted by the City of Menomonie City Council at a legal meeting on the 20th day of April, 2026. ________________________________ Randy Knaack, Mayor ________________________________ Catherine Martin, City Clerk RESOLUTION NO. 2026-11 City of Menomonie A RESOLUTION RECOGNIZING INTERNATIONAL MIGRATORY BIRD DAY WHEREAS, migratory birds are a visible and valued part of our environment, welcomed by many as signs of spring; WHEREAS, they contribute to local ecosystems by controlling pests and supporting recreation and tourism; WHEREAS, these species face increasing threats along their migration routes and in their habitats; WHEREAS, public awareness and engagement are key to successful conservation efforts; WHEREAS, International Migratory Bird Day (IMBD), celebrated since 1993, highlights the importance of protecting the nearly 350 migratory bird species that travel across the Americas; WHEREAS, communities across the country use IMBD to promote bird conservation through education and community events; NOW, THEREFORE, BE IT RESOLVED, the City of Menomonie recognizes April 24, 2026, as International Migratory Bird Day and encourages residents to support efforts that protect migratory birds and their habitats. Adopted this 20th day of April, 2026. I hereby certify that the foregoing resolution was duly adopted by the City of Menomonie City Council at a legal meeting on the 20th day of April, 2026. ________________________________ Randy Knaack, Mayor ________________________________ Catherine Martin, City Clerk MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: Resolution 2026-12 Authorizing the Issuance and Sale of Up to $4,390,211 Water System Revenue Bonds, Series 2026A DATE: April 20, 2026 City Council Meeting The City has been working on the Well #9 Project since 2024. The project, which is underway, will be funded by a combination of water utility revenue, a $1.6 million grant from Wisconsin DNR SDWLP program and, potentially, a $1.0 million grant from Wisconsin DOA CDBG-PF program. Attached is Resolution 2026-12 which authorizes the issuance of $4,390,211 in Water System Revenue Bonds, payable over 20-years at an interest rate of 2.365%. These would be paid back by water utility revenue. Please note that the 2.365% interest rate will almost assuredly be less than the rate of inflation over the next 20 years. City Staff recommend approval of Resolution 2026-12. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-12 Authorizing the Issuance and Sale of Up to $4,390,211 Water System Revenue Bonds, Series 2026A and Providing for Other Details and Covenants with Respect Thereto (roll call vote). RESOLUTION NO. 2026-12 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $4,390,211 WATER SYSTEM REVENUE BONDS, SERIES 2026A AND PROVIDING FOR OTHER DETAILS AND COVENANTS WITH RESPECT THERETO WHEREAS, the City of Menomonie, Dunn County, Wisconsin (the “Municipality”) owns and operates a water system (the “System”) which is operated for a public purpose as a public utility by the Municipality; and WHEREAS, certain improvements to the System are necessary to meet the needs of the Municipality and the residents thereof, consisting of the construction of a project (the “Project”) assigned Safe Drinking Water Loan Program No. 4846-09 by the State of Wisconsin Department of Natural Resources (the “Department of Natural Resources”), and as defined in Department of Natural Resources approval letter s for the plans and specifications, or portions thereof, issued under Wis. Stat. Section 281.41; assigned Nos. W-2025-0596A dated January 20, 2026 and W- 2025-0935 dated January 28, 2026, that ha ve been approved by the Department of Natural Resources; and WHEREAS, under the provisions of Chapter 66 of the Wisconsin Statutes any municipality may, by action of its governing body, provide for purchasing, acquiring, constructing, extending, adding to, improving, operating and managing a public utility from the proceeds of bonds, which bonds are to be payable only from the revenues received from any source by such utility, including all rentals and fees; and WHEREAS, the Municipality deems it to be necessary, desirable and in its best interest to authorize and sell water system revenue bonds of the Municipality payable solely from the revenues of the System, pursuant to the provisions of Section 66.0621 of the Wisconsin Statutes, to pay the cost of the Project; and WHEREAS, other than “preliminary expenditures” as defined in the Treas. Reg. 26 CFR 1.150-2 in an amount not exceeding 20% of the principal amount of the bonds authorized to be issued by this resolution, or other than a “de minimus” amount as defined in Treas. Reg. 26 CFR 1.150-2 in an amount not exceeding the lesser of $100,000 or 5% of the principal amount of the bonds authorized to be issued by this resolution, all of the proceeds loaned to the Municipality will be used for Project costs paid by the Municipality subsequent to (i) the date which is 60 days prior to the date on which the Municipality adopted a “declaration of intent ” pursuant to Treas. Reg. 26 CFR 1.150 -2 stating its intent to reimburse other funds of the Municipality previously used to finance the Project, or (ii) the date on which the bonds authorized herein are issued; and WHEREAS, no bonds or obligations payable from the revenues of the System , are now outstanding. NOW, THEREFORE, be it resolved by the Governing Body of the Municipality that: 2 Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by implication requires otherwise: (a) “Act” means Section 66.0621 of the Wisconsin Statutes; (b) “Bond Registrar” means the Municipal Comptroller/Treasurer, who shall act as Paying Agent for the Bonds; (c) “Bonds” mean the $4,390,211 Water System Revenue Bond s, Series 2026A of the Municipality , d ated its date of issuance, authorized to be issued by this Resolution; (d) “Bond Year” means the twelve-month period ending on each May 1; (e) “Current Expenses ” means the reasonable and necessary costs of operating, maintaining, administering and repairing the System, including salaries, wages, costs of materials and supplies, insurance, and audits, but shall exclude depreciation, debt service, tax equivalents and capital expenditures; (f) “Debt Service Fund” means the Water System Bonds Special Redemption Fund of the Municipality, which shall be the “special redemption fund ” as such term is defined in the Act; (g) “Financial Assistance Agreement ” means the Financial Assistance Agreement by and between the State of Wisconsin by the Department of Natural Resources and the Department of Administration and the Municipality pursuant to which the Bonds are to be issued and sold to the State, substantially in the form presented to the Governing Body and incorporated herein by reference; (h) “Fiscal Year ” means the twelve -month period ending on each December 31; (i) “Governing Body ” means the Common Council , or such other body as may hereafter be the chief legislative body of the Municipality; (j) “Gross Earnings ” means the gross earnings of the System, including earnings of the System derived from water charges imposed by the Municipality, all payments to the Municipality und er any water service agreements between the Municipality and contract users of the System, any tax increment district revenues appropriated by the Governing Body to the System, and any other monies received from any source including all rentals and fees and any special assessments levied and collected in connection with the Project; (k) “Municipal Treasurer” means the Treasurer of the Municipality, who shall act as Bond Registrar and Paying Agent; 3 (l) “Municipality” means the City of Menomonie, Dunn County, Wisconsin; (m) “Net Revenues” means the Gross Earnings of the System after deduction of Current Expenses; (n) “Parity Bonds” means any other bonds of the Municipality payable from the revenues of the System other than the Bonds but issued on a parity and equality with the Bonds pursuant to the restrictive provisions of Section 11 of this Resolution; (o) “Project” means the Project described in the preamble to this Resolution. All elements of the Project are to be owned and operated by the Municipality as part of the System as described in the preamble hereto; (p) “Record Date ” means the close of business on the fifteenth day of the calendar month next preceding any principal or interest payment date; and (q) “SDWLP” means the State of Wisconsin Safe Drinking Water Loan Program; and (r) “System” means the water works plant and system of the Municipality, specifically including that portion of the Project owned by the Municipality and including all property of every nature now or hereafter owned by the Municipality for the collection, treatment, storage and distribution of water, including all improvements and extensions thereto made by the Municipality while any of the Bonds and Parity Bonds remain outstanding, including all real and personal property of every nature constituting part of or used or useful in connection with such water system and including all appurtenances, contracts, leases, franchises, and other intangibles. Section 2. Authorization of the Bonds and the Financial Assistance Agreement. For the purpose of paying the cost of the Project (including legal, fiscal, engineering and other expenses), there shall be borrowed on the credit of the income and revenue of the System up to the sum of $4,390,211; and fully registered revenue bonds of the Municipality are authorized to be issued in evidence thereof and sold to the State of Wisconsin Safe Drinking Water Loan Program in accordance with the terms and conditions of the Financial Assistance Agreement, which is incorporated herein by this reference and the Mayor and the Clerk of the Municipality are hereby authorized, by and on behalf of the Mu nicipality, to execute the Financial Assistance Agreement, which may be signed manually or electronically. Section 3. Terms of the Bonds . The Bonds shall be designated “$4,390,211 Water System Revenue Bond s, Series 2026A” (the “Bonds”); shall be dated May 13, 2026 or as soon thereafter as possible ; shall be numbered one and upward; shall bear interest at the rate of 2.365% per annum, calculated on the basis of a 360 -day year made up of twelve 30 -day months; shall be issued in denominations of $0.01 or any integral multiple thereof; and shall mature on the dates and in the amounts as set forth in Exhibit B of the Financial Assistance Agreement as it is from time to time adjusted by the State of Wisconsin based upon the actual draws made by the Municipality. Interest on the Bonds shall be payable commencing on November 1, 2026, and 4 semiannually thereafter on May 1 and November 1 of each year. The Bonds shall not be subject to redemption prior to maturity except as provided in the Financial Assistance Agreement. The schedule of maturities of the Bonds is found to be such that the amount of annual debt service payments is reasonable in accordance with prudent municipal utility practices. Section 4. Form, Execution, Registration and Payment of the Bonds. The Bonds shall be issued as registered obligations in substantially the form attached hereto as Exhibit A and incorporated herein by this reference. The Bonds shall be executed in the name of the Municipality by the manual signatures of the Mayor and the Clerk of the Municipality , and shall be sealed with its official or corporate seal, if any. If the Mayor, the Clerk or any other officer, employee or agent of the Municipality authorized to execute certificates, instruments, or other written documents on behalf of the Municipality: a. ceases to be an officer, employee or agent of Municipality after he or she has executed any certificate, instrument or other written document, the validity or enforceability of the certificate, instrument or other written document signed by them is not affected; or b. is unavailable to execute certificates, instruments or other written documents, the certificates, instruments or other written documents may be executed by a deputy or assistant to the unavailable officer, or any other officer of the Municipality who is, in the opinion of Bond Counsel, authorized to sign the certificates, instruments or other written documents, with full force and effect. The principal of, premium, if any, and interest on the Bonds shall be paid by the Municipal Treasurer, who is hereby appointed as the Municipality ’s registrar (the “Bond Registrar”). Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America by the Bond Registrar. Payment of principal of the final maturity on the Bonds will be payable upon presentation and surrender of the Bonds to the Bond Registrar. Payment of principal on the Bonds (except the final maturity) and each installment of interest shall be made to the registered owner of each Bonds who shall appear on the registration books of the Municipality, maintained by the Bond Registrar, on the Record Date and shall be paid by electronic transfer or by check or draft of the Municipality and mailed to such registered owner at his or its address as appears on such registration books or at such other address may be furnished in writing to such registered owner to the Bond Registrar. Section 5. Security for the Bonds. The Bonds, together with interest thereon, shall not constitute an indebtedness of the Municipality nor a charge against its general credit or taxing power. The Bonds, together with interest thereon, shall be payable only out of the Debt 5 Service Fund hereinafter created and established, and shall be a valid claim of any holder thereof only against such Debt Service Fund and the revenues of the System pledged to such fund. Sufficient revenues are pledged to said Debt Service Fund, and shall be used for no other purpose than to pay the principal of, premium, if any, and interest on the Bonds and any Parity Bonds as the same becomes due. Section 6. Funds and Accounts . In accordance with the Act, for the purpose of the application and proper allocation of the revenues of the System, and to secure the payment of the principal of and interest on the Bonds and Parity Bonds, certain funds of the System are hereby created and established which shall be used solely for the following respective purposes: (a) Revenue Fund, into which shall be deposited as received the entire Gross Earnings of the System, which money shall then be divided among the Operation and Maintenance Fund, the Debt Service Fund, the Depreciation Fund and the Surplus Fund in the amounts and in the manner set forth in Section 7 hereof and used for the purposes described below. (b) Operation and Maintenance Fund, which shall be used for the payment of Current Expenses. (c) Debt Service Fund, which shall be used for the payment of the principal of, premium, if any, and interest on the Bonds and any Parity Bonds as the same becomes due. (d) Depreciation Fund, which may be expended for repairs, replacements, new construction, extensions or additions to the System. Any money on deposit in the Depreciation Fund not required during the current Fiscal Year for purposes of the Depreciation Fund, may be transferred to the Surplus Fund. (e) Surplus Fund, which shall first be used whenever necessary to pay principal of, premium, if any, or interest on the Bonds and Parity Bonds when the Debt Service Fund shall be insufficient for such purpose, and thereafter shall be disbursed as follows: (i) at any time, to remedy any deficiency in any of the Funds provided in this Section 6 hereof; and (ii) money thereafter remaining in the Surplus Fund at the end of any Fiscal Year may be transferred to any of the Funds or accounts created herein or to reimburse the general fund of the Municipality for advances made by the Municipality to the System or for any other lawful purpose. Section 7. Application of Revenues. After the delivery of the Bonds, the entire Gross Earnings of the System shall be deposited as collected in the Revenue Fund and shall be transferred monthly to the funds listed below in the following order of priority and in the manner set forth below: (a) to the Operation and Maintenance Fund, an amount equal to the estimated Current Expenses for such month and for the following month (after giving affect to available amounts in said Fund from prior deposits); 6 (b) to the Debt Servi ce Fund, an amount equal to one -sixth (1/6) of the next installment of interest coming due on the Bonds and any Parity Bonds then outstan ding and an amount equal to one -twelfth (1/12) of the installment of principal of the Bonds and any Parity Bonds coming due during such Bond Year (after giving affect to available amounts in said account from accrued interest, any premium or any other source); (c) to the Depreciation Fund, an amount determined by the Governing Body to be sufficient to provide a proper and adequate depreciation account for the System; and (d) to the Surplus Fund, any amount remaining in the Revenue Fund after the monthly transfers required above have been completed. Transfers from the Revenue Fund to the Operation and Maintenance Fund, the Debt Service Fund, the Depreciation Fund and the Surplus Fund shall be made monthly not later than the tenth day of each month, and such transfer shall be applicable to monies on deposit in the Revenue Fund as of the last day of the month preceding. Any other transfers and deposits to any Fund required or permitted by subsection (a) through ( d) of this Section, except transfers or deposits which are required to be made immediately or annually, shall be made on or before the tenth day of the month. Any transfer or deposit required to be made at the end of any Fiscal Year shall be made within sixty (60) days after the close of such Fiscal Year. If the tenth day of any month shall fall on a day other than a business day, such transfer or deposit shall be made on the next succeeding business day. It is the express intent and determination of the Governing Body that the amounts transferred from the Revenue Fund and deposited in the Debt Service Fund shall be sufficient in any event to pay the interest on the Bonds and any Parity Bonds as the same accrues and the principal thereof as the same matures. Section 8. Deposits and Investments. The Debt Service Fund shall be kept apart from monies in the other Funds and Accounts and the same shall be used for no purpose other than the prompt payment of principal of and interest on the Bonds and any Parity Bonds as the same becomes due and payable. All monies therein shall be deposited in special and segregated accounts in a public depository selected under Chapter 34 of the Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(1m) of the Wisconsin Statutes. The other funds herein created (except the Water System SDWLP Project Fund) may be combined in a single account in a public depository selected in the manner set forth above and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(1m) of the Wisconsin Statutes. Section 9. Service to the Municipality. The reasonable cost and value of services rendered to the Municipality by the System by furnishing water services for public purposes shall be charged against the Municipality and shall, to the extent permitted by law, be paid in monthly installments as the service accrues, out of the current revenues of the Municipality collected or in the process of collection, exclusive of the revenues derived from the System; that is to say, out of the tax levy of the Municipality made by it to raise money to meet its necessary current expenses. The reasonable cost and value of such service to the Municipality in each year shall be equal to an amount which, together with other revenues of the System, will produce in each Fiscal Year 7 Net Revenues equivalent to not less than the annual principal and interest requirements on the Bonds, any Parity Bonds, and any other debt obligations payable from the revenues of the System then outst anding times the greater of (i) 110%, or (ii) the highest debt service coverage ratio required with respect to any debt obligations payable from the revenues of the System then outstanding. However, such payment out of the t ax levy shall be subject to (a) approval of the Wisconsin Public Service Commission, or successors to its function, if applicable, (b) yearly appropriations therefor, and (c) applicable levy limitations, if any; but neither this Resolution nor such payment shall be construed as constituting an obligation of the Municipality to make any such appropriation over and above the reasonable cost and value of the services rendered to the Municipality and its inhabitants or to make any subsequent payment over and above such reasonable cost and value. Section 10. Operation of System; Municipality Covenants . It is covenanted and agreed by the Municipality with the owner or owners of the Bonds, and each of them, that the Municipality will perform all of the obligations as set forth in the Financial Assistance Agreement. Section 11. Additional Bonds. No bonds or obligations payable out of the revenues of the System may be issued in such manner as to enjoy priority over the Bonds. Additional obligations may be issued if the lien and pledge is junior and subordinate to that of the Bonds. Additional Parity Bonds may be issued only under the following circumstances: (a) Additional Parity Bonds may be issued for the purpose of completing the Project and for the purpose of financing costs of the Project which are ineligible for payment under the State of Wisconsin Safe Drinking Water Loan Program. However, such additional Parity Bonds shall be in an aggregate amount not to exceed 20% of the face amount of the Bonds; or (b) Additional Parity Bonds may also be issued if all of the following conditions are met: (1) The Net Revenues of the System for the Fiscal Year immediately preceding the issuance of such additional bonds must have been in an amount at least equal to the maximum annual interest and principal requirements on all bonds outstanding payable from the revenues of the System, and on the bonds then to be issued, times the greater of (i) 1.10 or (ii) the highest debt service coverage ratio to be required with respect to the additional Parity Bonds then to be issued or on any debt obligations payable from the revenues of the System then outstanding. Should an increase in permanent rates and charges, including those made to the Municipality, be properly ordered and made effective during the Fiscal Year immediately prior to the issuance of such additional bonds or during that part of the Fiscal Year of issuance prior to such issuance, then Net Revenues for purposes of such computation shall include such additional revenues as an independent certified public accountant, a consulting professional engineer , a registered municipal advisor or the Wisconsin Public Service Commission may 8 certify would have accrued during the prior Fiscal Year had the new rates been in effect during that entire immediately prior Fiscal Year. (2) The payments required to be made into the Funds enumerated in Section 6 of this Resolution must have been made in full. (3) The additional Parity Bonds must have principal maturing on May 1 of each year and interest falling due on May 1 and November 1 of each year. (4) The proceeds of the additional Parity Bonds must be used only for the purpose of providing extensions or improvements to the System, or to refund obligations issued for such purpose. Section 12. Sale of Bonds . The sale of the Bonds to the State of Wisconsin Safe Drinking Water Loan Program for the purchase price of up to $4,390,211.00, and at par, is ratified and confirmed; and the officers of the Municipality are authorized and directed to do any and all acts, including executing the Financial Assistance Agreement and the Bonds as herein above provided, necessary to conclude delivery of the Bonds to said purchaser, as soon after adoption of this Resolution as is convenient. The purchase price for the Bonds shall be paid upon requisition therefor as provided in the Financial Assistance Agreement. Section 13. Application of Bond Proceeds. The proceeds of the sale of the Bonds shall be deposited by the Municipality into a special fund designated as “Water System SDWLP Project Fund.” The Water System SDWLP Project Fund shall be used solely for the purpose of paying the costs of the Project (including capitalized interest, if any, on the Bonds) and costs of issuance of the Bonds, as more fully described in the preamble hereof and in the Financial Assistance Agreement. Moneys in the Water System SDWLP Project Fund shall be disbursed within three (3) business days of their receipt from the State of Wisconsin and shall not be invested in any interest-bearing account. Section 14. Amendment to Resolution . After the issuance of any of the Bonds, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Bonds have been paid in full as to both principal and interest, or discharged as herein provided, except: (a) the Municipality may, from to time, amend this Resolution without the consent of any of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may be amended, in any respect, with a written consent of the owners of not less than two-thirds (2/3) of the principal amount of the Bonds then outstanding, exclusive of Bonds held by the Municipality; provided, however, that no amendment shall permit any change in the pledge of revenues derived from the System or the maturity of any Bond issued hereunder, or a reduction in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Bonds may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Bond to which the change is applicable. 9 Section 15. Defeasance. When all Bonds have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease. The Municipality may discharge all Bonds due on any date by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest by the U.S. Government, or by a commission, board or other instrumentality of the U.S. Government, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Bonds to its maturity or, at the Municipality ’s option, if said Bond is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Bond at maturity, or at the Municipality ’s option, if said Bond is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Bonds on such date has been duly given or provided for. Section 16. Rebate Fund. Unless the Bonds are exempt from the rebate requirements of the Internal Revenue Code of 1986, as amended (the “Code”), the Municipality shall establish and maintain a separate account for the Bonds to be known as the “Rebate Fund ”. The sole purpose of the Rebate Fund is to provide for the payment of any rebate liability with respect to the Bonds under the relevant provisions of the Code and the Treasury Regulations promulgated thereunder (the “Regulations”). The Rebate Fund shall be maintained by the Municipality until all required rebate payments with respect to the Bonds have been made in accordance with the relevant provisions of the Code and the Regulations. The Municipality covenants and agrees that it shall pay to the United States from the Rebate Fund, at the times and in the amounts and manner required by the Code and the Regulations, the portion of the “rebate amount ” (as defined in Section 1.148 -3(b) of the Regulations) that is due as of each “computation date” (within the meaning of Section 1.148-3(e) of the Regulations). As of the date of this Resolution, the provisions of the Regulations specifying the required amounts of rebate installment payments and the time and manner of such payments are contained in Sections 1.148-3(f) and (g) of the Regulations, respectively. Amounts held in the Rebate Fund and the investment income therefrom are not pledged as security for the Bonds or any parity bonds and may only be used for the payment of any rebate liability with respect to the Bonds. The Municipality may engage the services of accountants, attorneys or other consultants necessary to assist it in determining the rebate payments, if any, owed to the Unites States with respect to the Bonds. The Municipality shall maintain or cause to be maintained records of determinations of rebate liability with respect to the Bonds for each computation date until six (6) years after the retirement of the last of the Bonds. The Municipality shall make such records available to the State of Wisconsin upon reasonable request therefor. Section 17. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Municipality and the owner or owners of the Bonds, and after issuance of any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 14, until all of the Bonds have been paid in full as to both principal and interest. The owner or owners of any of the Bonds shall have the right in addition 10 to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner ’s or owners ’ rights against the Municipality, the Governing Body, and any and all officers and agents thereof including, but without limitation, the right to require the Municipality, its Governing Body and any other authorized body, to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements contained in this Resolution. Section 18. Continuing Disclosure . The officers of the Municipality are hereby authorized and directed, if requested by the State, to provide to the State of Wisconsin Safe Drinking Water Loan Program (the “SDWLP”) and to such other persons or entities as directed by the SDWLP such ongoing disclosure regarding the Municipality ’s financial condition and other matters, at such times and in such manner as the SDWLP may require, in order that securities issued by the Municipality and the SDWLP satisfy rules and regulations promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended or may be amended from time to time imposed on brokers and dealers of municipal securities before the brokers and dealers may buy, sell, or recommend the purchase of such securities. Section 19. Conflicting Resolutions. All ordinances, resolutions, or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed, and this Resolution shall be in effect from and after its passage. Section 20. Post-Issuance Compliance Policy and Procedures . The Governing Body has previously approved a Post -Issuance Debt Compliance Policy and Post -Issuance Debt Compliance Procedures which applies to qualifying obligations to provide for compliance with all applicable federal regulations for tax -exempt obligations or tax -advantaged obligations (collectively, the “Policy and Procedures”). The Governing Body hereby approves the Policy and Procedures for the Bonds . The City Comptroller/Treasurer continues to be designated to be responsible for post-issuance compliance in accordance with the Policy and Procedures. (remainder of this page left blank intentionally) 11 Passed: April 20, 2026 Approved: April 20, 2026 CITY OF MENOMONIE, WISCONSIN Randy Knaack, Mayor Attest: Catherine Martin, Clerk EXHIBIT A FORM OF BOND REGISTERED UNITED STATES OF AMERICA REGISTERED NO. R-1 STATE OF WISCONSIN COUNTY OF DUNN CITY OF MENOMONIE $4,390,211 WATER SYSTEM REVENUE BONDS, SERIES 2026A Annual Interest Rate Final Maturity Date Date of Original Issue 2.365% May 1, 2046 May 13, 2026 REGISTERED OWNER: STATE OF WISCONSIN SAFE DRINKING WATER LOAN PROGRAM KNOW ALL MEN BY THESE PRESENTS that the City of Menomonie, Dunn County, Wisconsin, (the “Municipality”) hereby acknowledges itself to owe and for value received promises to pay to the registered owner shown above, or registered assigns, solely from the fund hereinafter specified, the principal sum of an amount not to exceed FOUR MILLION THREE HUNDRED NINETY THOUSAND TWO HUNDRED ELEVEN DOLLARS ($4,390,211) (but only so much as shall have been drawn hereunder, as provided below) on May 1 of each year commencing May 1, 20 28, until the final maturity date written above, together with interest thereon (but only on amounts as shall have been drawn hereunder, as provided below) from the dates the amounts are drawn hereunder or the most recent payment date to which interes t has been paid, at the rate of 2.365% per annum, calculated on the basis of a 360-day year made up of twelve 30-day months, such interest being payable on the first days of May and November of each year, with the first interest being payable on November 1, 2026. The principal amount evidenced by this Bond may be drawn upon by the Municipality in accordance with the Financial Assistance Agreement entered by and between the Municipality and the State of Wisconsin by the Department of Natural Resources and the Department of Administration including capitalized interest transferred (if any). The principal amounts so drawn shall be repaid in installments on May 1 of each year commencing on May 1, 20 28 in an amount equal to an amount which when amortized over the remaining term of this Bond plus current payments of interest (but only on amounts drawn hereunder) at 2.365% per annum shall result in equal annual payments of the total of principal and the semiannual payments of interest. The State of Wisconsin Department of Administration shall record such draws and corresponding principal repayment schedule on a cumulative basis in the format shown on the attached Exhibit A. Both principal and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America. On the final maturity date, principal of this Bond shall be payable only upon presentation and surrender of this Bond at the office of the City Clerk. Principal hereof (except the final maturity) and interest hereon shall be payable by electronic transfer or by check or draft dated on or before the applicable payment date and mailed from the office of the City Clerk to the person in whose name this Bond is registered at the close of business on the fifteenth day of the calendar month next preceding such interest payment date. The Bonds shall not be redeemable prior to their maturity, except with the consent of the registered owner. This Bond is transferable only upon the books of the Municipality kept for that purpose at the office of the City Clerk, by the registered owner in person or its duly authorized attorney, upon surrender of this Bond, together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the City Clerk, duly executed by the registered owner or its duly authorized attorney. Thereupon a replacement Bond shall be issued to the transferee in exchange therefor. The Municipality may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. This Bond is issuable solely as a negotiable, fully-registered bond, without coupons, and in denominations of $0.01 or any integral multiple thereof. This Bond is issued for the purpose of providing for the purpose of the payment of (or refinancing) the cost of constructing improvements to the Water System of the Municipality, pursuant to Article XI, Section 3, of the Wisconsin Constitution, Section 66.0621, Wisconsin Statutes, and a resolution adopted April 20, 2026 , and entitled: “Resolution Authorizing the Issuance and Sale of up to $4,390,211 Water System Revenue Bond s, Series 2026A and Providing for Other Details and Covenants with Respect Thereto ,” and is payable only from the income and revenues derived from the operation of the Water System of the Municipality (the “System”). This Bond does not constitute an indebtedness of said Municipality within the meaning of any constitutional or statutory debt limitation or provision. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner as required by law; and that sufficient of the income and revenue to be received by said Municipality from the operation of its System has been pledged to and will be set aside into a special fund for the payment of the principal of and interest on this Bond. IN WITNESS WHEREOF, the Municipality has caused this Bond to be signed by the signatures of its Mayor and City Clerk, all as of the date of original issue specified above. CITY OF MENOMONIE, WISCONSIN By: (form – no signature required) Mayor By: (form – no signature required) Clerk (Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address, including zip code, of Assignee) Please insert Social Security or other identifying number of Assignee _______________________________________ the within Bond, and all rights thereunder, hereby irrevocably constituting and appointing Attorney to transfer said Bond on the books kept for the registration thereof with full power of substitution in the premises. Dated: ________________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature(s) guaranteed by: _____________________________ EXHIBIT A TO BOND FORM $4,390,211 CITY OF MENOMONIE, WISCONSIN WATER SYSTEM REVENUE BONDS, SERIES 2026A Amount of Disbursement Date of Disbursement Series of Bonds Principal Repaid Outstanding Principal Balance $ PRINCIPAL REPAYMENT SCHEDULE Date Principal Amount May 1, 2028 $185,701.28 May 1, 2029 $190,093.12 May 1, 2030 $194,588.82 May 1, 2031 $199,190.85 May 1, 2032 $203,901.71 May 1, 2033 $208,723.99 May 1, 2034 $213,660.31 May 1, 2035 $218,713.38 May 1, 2036 $223,885.95 May 1, 2037 $229,180.85 May 1, 2038 $234,600.98 May 1, 2039 $240,149.29 May 1, 2040 $245,828.82 May 1, 2041 $251,642.67 May 1, 2042 $257,594.02 May 1, 2043 $263,686.12 May 1, 2044 $269,922.29 May 1, 2045 $276,305.96 May 1, 2046 $282,840.59 TOTAL $4,390,211.00 MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: CDBG-PF Grant Application for Well #9 DATE: February 2, 2026 City Council Meeting At the February 2, 2026 meeting, the City Council took several actions required for applications to the Community Development Block Grant for Public Facilities (CDBG-PF) program for the Well #9 Phase II Project, which includes the treatment equipment. If awarded, the CDBG-PF program would provide a 2:1 grant, up to $1,000,000, toward the cost of the project. Two additional actions are required: • Resolution 2026-13 guarantees that the City will provide the matching funds for the project. Wisconsin DOA does not want to fund a project for which the applicant cannot afford the match portion, whereas those funds could be distributed to another community. • Resolution 2026-14 formally authorizes the submission of an application. If the City Council desires to apply for CDBG-PF funding, the following actions should be taken: • Approve Resolution 2026-13, Guarantee of Match Funds for the 2026 Community Development Block Grant Application for the Well #9 Phase II Project (roll call vote), • Approve Resolution 2026-14, Authorization to Submit a Community Development Block Grant Application for the Well #9 Phase II Project (roll call vote), Page 1 of 2 City of Menomonie Authorizing Resolution to Commit Match Funds & Certification of Match Funds Secured RESOLUTION NO. 2026-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENOMONIE, providing a Guarantee of Match Funds for the 2026 Community Development Block Grant Public Facilities (CDBG-PF) Application Related to the City of Menomonie’s participation in the Community Development Block Grant (CDBG) Program; WHEREAS, federal monies are available under the CDBG Public Facilities annual competition, administered by the State of Wisconsin Department of Administration, for the purpose of the provision or improvement of public facilities; and WHEREAS, the City Council of the City of Menomonie has authorized the submission of a CDBG Public Facilities Application to the State of Wisconsin for the following project: Treatment; and WHEREAS, an adequate local financial match must be provided for the proposed CDBG Public Facilities project by the City of Menomonie. WHEREAS, the City of Menomonie must certify that all matching funds required to complete the proposed project have been secured for and committed to the project prior to the submission of the CDBG application; and WHEREAS, the City of Menomonie must acknowledge that a delay in starting construction by July 1, 2027 and/or completing construction by October 31, 2028 due to the City not having the matching funds that are reported as committed and secured in the CDBG application documents, then the State of Wisconsin Department of Administration Division of Energy, Housing and Community Resources may deny a timeline extension and may rescind the CDBG award; NOW, THEREFORE, BE IT RESOLVED, that the City of Menomonie does hereby authorize the commitment of match funds to be used as outlined in the CDBG application, for the match amount of $ 1,176,929, from the following secured source(s): On-hand funds in City of Menomonie’s bank account(s) for up to $1,176,929; and has identified the following other potential alternate source(s), with the funding/award(s) pending: DNR Safe Drinking Water (Unknown Amount). ADOPTED on this 20th day of April, 2026. The governing body of the City of Menomonie has authorized the above resolution to commit match and certify match funds secured for the CDBG project referenced within the resolution. Page 2 of 2 ATTEST: 4/21/2026 Kate Martin, City Clerk Chief Elected Official: 4/21/2026 Mathew Crowe, Mayor Division of Energy, Housing and Community Resources Community Development Block Grant – Authorizing Resolution to Submit a CDBG Application Authorizing Resolution to Submit CDBG Application 1 Form v.2026-02-02 City of Menomonie Authorizing Resolution to Submit a Community Development Block Grant (CDBG) Application In Relation To the City of Menomonie’s participation in the Community Development Block Grant Public Facilities (CDBG-PF) Program. WHEREAS, Federal monies are available under the Community Development Block Grant (CDBG) program, administered by the Wisconsin Department of Administration (DOA) Division of Energy, Housing and Community Resources (DEHCR) for the purpose of the provision or development of water treatment for City of Menomonie for the Public Facilities (CDBG-PF) Program. WHEREAS, after public meeting and due consideration, the Menomonie City Council has recommended that an application be submitted to DOA for the following project(s): Water Treatment,1903 John Russell Road, Menomonie, WI 54751 ; and WHEREAS, it is necessary for the Menomonie City Council to approve the preparation and filing of any application for the City Council to receive grant funds from this program; and WHEREAS, the City Council has reviewed the need for the proposed project(s) and the benefit(s) to be gained there from; NOW, THEREFORE, BE IT RESOLVED, that the Menomonie City Council does hereby approve and authorize the preparation and filing of an application for the above-named project; and authorizes the Mayor to sign all necessary documents on behalf of the City; and that authority is hereby granted to City Council to take the necessary steps to prepare and file the application for funds under this program in accordance with this resolution. The City Council of City of Menomonie has authorized the above resolution by Resolution No. 2026-14, dated 4/20/2026. Division of Energy, Housing and Community Resources Community Development Block Grant – Authorizing Resolution to Submit a CDBG Application Authorizing Resolution to Submit CDBG Application 2 CD-CDBG Form v.2026-02-02 ADOPTED on this 20th day of April, 2026. ATTEST: 4/21/2026 Kate Martin, City Clerk 4/21/2026 Matthew Crowe, Mayor: Division of Energy, Housing and Community Resources Community Development Block Grant – Authorizing Resolution to Submit a CDBG Application Authorizing Resolution to Submit CDBG Application 3 CD-CDBG Form v.2026-02-02 AUTHORIZING RESOLUTION TO SUBMIT A CDBG APPLICATION: SUBMISSION INSTRUCTIONS The Unit of General Local Government (UGLG) must submit documentation verifying the Chief Elected Official (CEO) has been authorized to submit a CDBG Application. The Authorizing Resolution to Submit a Community Development Block Grant (CDBG) Application form is provided to serve as this documentation, upon being completed by the UGLG and submitted with the UGLG’s CDBG Application materials.  Fill in the designated spaces throughout the form. Please replace the guidance text in parentheses in entry fields with the information specified to be added (delete guidance text and parentheses).  The Authorizing Resolution to Submit a CDBG Application form must be signed by the local Clerk.  The Authorizing Resolution to Submit a CDBG Application form must be signed by the UGLG’s Chief Elected Official (i.e., Mayor, City Council President, Village Board President, Town Board Chairperson, County Board Chairperson, etc.). Make sure to provide the signature, typed name, and title of the Chief Elected Official (CEO). Fill in the date the form is signed by the CEO.  Retain the original completed Authorizing Resolution to Submit a CDBG Application form for the UGLG’s prospective grant file and submit a copy to the Division of Energy, Housing and Community Resources (DEHCR) with the UGLG’s CDBG Application materials. MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: Resolution 2026-15 Declaring Official Intent to Reimburse Expenditures DATE: April 20, 2026 City Council Meeting The City has been working on the Well #9 Project since 2024. On May 5, 2025, the City passed Resolution 2025-08 which declared official intent to reimburse expenditures prior to closing of the Safe Drinking Water Loan for the Well #9 Phase I Project. Our consultant is now working on the Safe Drinking Water Loan application for the Well #9 Phase II Project (which includes the treatment equipment) and has recommended passage of a second resolution declaring official intent to reimburse expenditures. Attached is Resolution 2026-15. City Staff recommend approval of Resolution 2026-15. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-15 Declaring Official Intent to Reimburse Expenditures for the Well #9 Phase II Project (roll call vote). Y:\Public Works\Water System\20240716_Well #9\20241016_Well #9 SDWLP CWF\Resolution 2026-15 Resolution Declaring Official Intent to Reimburse Expenditures.doc RESOLUTION NO. 2026-15 CITY OF MENOMONIE RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WHEREAS, the City of Menomonie, Dunn County, Wisconsin (“the City”) plans to make several improvements to and creation of Well Treatment, and other related facilities (“the Project”); and WHEREAS, the City expects to borrow funds and incur debt from one or more possible sources on a long-term basis by issuing tax-exempt bonds, promissory notes, DNR EIF Funds, or other ‘debt’ to finance the Project (“the Loan”); and WHEREAS, because proceeds of the debt which will provide project financing will not become available prior to commencement of the Project, the City may need to provide interim financing to cover costs of the Project incurred prior to receipt of the Loan; or other debt proceeds; and WHEREAS, it is necessary, desirable, and in the best interests of the City to use moneys from its funds on an interim basis until the Loan becomes available. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Menomonie, Dunn County, Wisconsin, that: Section 1. Expenditure of Funds The City shall make expenditures as needed from its funds to pay the costs of the Project until loan proceeds become available. Section 2. Declaration of Official Intent. The Council of the Menomonie of Dunn hereby officially declares its intent under 26 CFR Section 1.150 -2 to reimburse said expenditures with proceeds of the debt, the principal amount of which is not expected to exceed $1,176,929. Section 3. Effective Date . This Resolution shall become effective upon its adoption and approval. Adopted the day of , 2026 CITY OF MENOMONIE DUNN COUNTY, WISCONSIN __________________________________ Mayor Randy Knaack Attest: __________________________________ Kate Martin, Clerk MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: Proposed Amendment No. 2 to Water Tower Equipment Location Lease with Verizon Wireless DATE: April 20, 2026 City Council Meeting In 2001, the City of Menomonie entered into a Water Tower Equipment Location Lease with Midwest Wireless. The lease allows for the installation of cell phone antennae on, and a shed at the base of, the South Water Tower on 21st Street South near Oaklawn Elementary. Midwest Wireless later assigned that agreement to Alltel Corporation which now does business as Verizon Wireless. Verizon has been, overall, a good tenant. The original lease was for 5-years and allowed for four 5-year extensions, or a total of 25 years. The original lease will therefore expire on May 31, 2026. Verizon has expressed a desire to extend the lease. City Staff, with assistance from Atty. Ludeman, have negotiated a proposed amendment with representatives of Verizon. The proposed amendment, which is attached, includes the following notable provisions: • Extends the lease for 5-years, with three additional optional 5-year terms. If the lease is fully extended, the lease would expire on May 31, 2046. • Increases the rent by 15%, from the current $2,410.26 to $2,771.80 per month. • Increases the rent by 15% at the start of each subsequent 5-year term. If the lease is fully extended, the total rent revenue to the City would be $830,429. This revenue defrays costs which would otherwise require water rate increases. • Requires the tenant to reimburse the City for all third party plan review and construction observation costs if/when they upgrade or replace their equipment. • Requires the tenant to relocate their equipment at their own expense if/when the City repairs or repaints the Water Tower, which is anticipated if the lease is fully extended. City Staff recommend approval of Amendment No. 2 to the Water Tower Equipment Location Lease. If the City Council concurs, the appropriate motion would be Approve Amendment No. 2 to the Water Tower Equipment Location Lease with Verizon Wireless, as presented (simple majority). 1 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 Site Name: WI05 MENOMONIE DT MDG: 5000043167 AMENDMENT NO. 2 TO WATER TOWER EQUIPMENT LOCATION LEASE This AMENDMENT NO. 2 TO WATER TOWER EQUIPMENT LOCATION LEASE ("Amendment") is made by and between the City of Menomonie, Wisconsin, a Wisconsin municipal corporation (“Owner”), and Alltel Corporation d/b/a Verizon Wireless, a Delaware corporation, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Tenant” or “Midwest”) . Owner and Tenant may be referred to individually as a “Party” or collectively as the “Parties”. RECITALS A. This Amendment pertains to that certain Water Tower Equipment Location Lease dated May 11, 2001, together with all exhibits, amendments, and addenda thereto (collectively, the “Lease” or “Agreement”) for the Premises located at 701 21st Street East, Menomonie, County of Dunn, State of Wisconsin 54751, Parcel # 1725122813254200006, which property (“Site”) is legally described as set forth on Exhibit “A” attached hereto and made a part hereof. B. Alltel Corporation d/b/a Verizon Wireless has succeeded to Tenant’s interest of Alltel Communications, LLC d/b/a Verizon Wireless which had previously succeeded to Tenant’s interest of Midwest Wireless Wisconsin, LLC under the Agreement. C. The current term of the Agreement is due to expire on May 31, 2026. D. The Parties desire to amend the Agreement to extend the term, document an increase in rent payable to Owner, and modify certain other provisions of the Agreement, as set forth below. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: AGREEMENT 1. Recitals. The foregoing recitals are incorporated herewith as if fully set forth herein. 2. Owner. Section 1.3 of the Agreement is hereby amended to read: Owner: City of Menomonie Address: 800 Wilson Avenue, Menomonie, Wisconsin, 54751 2 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 3. Tenant. Section 1.4 of the Agreement is hereby amended to read: Tenant: Alltel Corporation d/b/a Verizon Wireless Address: 180 Washington Valley Road, Bedminster, New Jersey, 07921 4. Equipment. Section 1.5 of the Agreement is hereby amended to read: “Equipment” means all utilities, equipment, antennas and/or conduits now or hereafter owned or operated by Tenant and located on Owner’s site. Tenant shall have the right to repair, replace or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates subject to review and approval of Owner, which shall not be unreasonably withheld, conditioned or delayed . Tenant shall submit to Owner detailed plans for proposed repairs, replacements or modifications and any other information reasonably requested by Owner. Owner has the right to retain a third-party consultant to review the plans and inspect construction to verify that the repairs, replacements or modifications do not damage the Water Tower. Any deviations from the approved plans during construction shall require prior written approval of Owner. Tenant shall provide as-built plans upon completion of construction. Tenant shall reimburse Owner for any reasonable third-party plan review and inspection fees associated with Tenant’s repairs, replacements or modifications at the Site within sixty (60) days of being presented an invoice. If any such reimbursement is not paid by Tenant within thirty (30) days after receipt of Owner’s invoice, the unpaid amount shall bear interest at eight (8) percent (or such other maximum nonusurious interest rate then in effect) per annum from the date of the invoice. 5. Additional Renewal Terms. Section 1.8 of the Agreement is hereby amended to provide that effective as of the expiration of the current five-year (5-year) Renewal Term on May 31, 2026, the Agreement’s term shall automatically be extended for four (4) additional five-year (5- year) periods (each an “Additional Renewal Term”), unless Tenant terminates it at the end of the then-current term by giving Owner written notice of the intent to terminate at least sixty (60) days prior to the end of the then-current Renewal Term or Additional Renewal Term. 6. Rent Increase. Section 1.9 of the Agreement is hereby amended to provide that rent shall increase to $2,771.80 per month during the first (1st) Additional Renewal Term (June 1, 2026 to May 31, 2031), $3,187.57 per month during the second (2nd) Additional Renewal Term (June 1, 2031 to May 31, 2036), $3,665.71 per month during the third (3rd) Additional Renewal Term (June 1, 2036 to May 3 1, 2041), and $4,215.57 per month during the fourth (4 th) Additional Renewal Term (June 1, 2041 to May 3 1, 2046). If any rent payment is not paid by Tenant within fifteen (15) days when such rent payment is due the unpaid amount shall bear interest at eight (8) percent (or such other maximum nonusurious interest rate then in effect) per annum from the due date. 7. Equipment Rules. Section 3.3 of the Agreement is hereby amended to read: 3.3. All Equipment shall be anchored and installed following good engineering practices and standards in a manner acceptable to Owner or its agents so as not to 3 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 interfere with the operation of the Water Tower. Furthermore, Tenant’s Antenna Facilities (antennas, radios, cables, junction boxes, and any other exposed equipment or bracing) shall be painted and maintained, at Tenant’s expense, the same colors as the immediate background of the Water Tower or other colors as selected by Owner. 8. Termination. Section 7.6, and its subparagraphs, of the Agreement are hereby deleted. 9. Maintenance. a. Section 9.1 of the Agreement is hereby amended to read: 9.1. By Owner. Owner shall inspect, maintain, repair and replace the Water Tower on which Tenant’s Equipment is mounted so that the Water Tower is safe, functional and in compliance with all governmental rules and ordinances . Owner shall maintain the painting of the Water Tower, and the lights thereon, and file any required notifications and reports concerning the Water Tower in accordance with the FAA and FCC. Owner shall keep the access road and parking area open and free of any debris, ice and snow t hat could prevent access to the Water Tower or Equipment building. Tenant shall have the right (but not the obligation) to perform any of Owner’s obligations under this Section in an emergency and in other situations in which Owner has not performed withi n a commercially reasonable time after notice from Tenant. In either case, Owner shall promptly reimburse Tenant for such work. If any such reimbursement is not paid by Owner within 30 days after receipt of Tenant’s invoice, the unpaid amount shall bear interest at eight (8) percent (or such other maximum nonusurious interest rate then in effect) per annum from the date of invoice. b. Section 9.2 of the Agreement is hereby amended to read: 9.2. By Tenant. Tenant shall inspect, maintain, repair and replace all of its Equipment at the Site so that the Equipment is safe, functional and in compliance with all governmental rules and ordinances. c. Section 9.3 is hereby created to read: 9.3. Water Tower Maintenance: In the event that Owner repaints , repairs, maintains, or rebuilds the Water Tower, it shall be the responsibility and expense of Tenant to take adequate measures to cover , relocate or remove Tenant’s Equipment and protect such from paint and debris fallout or damage which may occur during the paint restoration, repair, maintenance, or rebuilding process. 9.3.1. Tenant shall remove its Equipment at Tenant’s cost, upon prior notice to allow maintenance, repair, repainting, restoration, or other activity as required by Owner. Except in the case of an emergency, Owner shall give 4 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 Tenant at least one hundred twenty (120) days’ notice of repair, repainting, restoration, or replacement. In case of an emergency, Owner may remove Tenant’s Equipment but shall notify Tenant by telephone within a reasonable time. An “emergency” shall be deemed to exist only in those situations which constitute an immediate threat to the health or safety of the public or immediate danger to the Site. 9.3.2. In the event the use of Tenant’s Antenna Facilities is interrupted, Tenant shall have the right to erect and operate from a temporary or mobile tower on the Site. Tenant shall be responsible for all costs associated with providing and relocating to a temporary or mobile tower, relocating the Equipment thereto, and for relocating back to the Water Tower. Tenant shall be responsible for obtaining any governmental approvals required to erect and operate from the temporary or mobile tower. 9.3.3. Any additional expense of repainting, repairing, maintaining , or replacing the Water Tower caused by Tenant’s Equipment shall be paid promptly by Tenant to Owner upon Owner’s notice to Tenant of such reasonable additional cost. If any such reimbursement is not paid by Tenant within sixty (60) days after receipt of Owner’s invoice, the unpaid amount shall bear interest at eight (8) percent (or such other maximum nonusurious interest rate then in effect) per annum from the date of invoice. 9.3.4. Upon notice of completion of Owner’s maintenance work or replacement on the Water Tower Tenant shall have ninety ( 90) days to return its Equipment to the Water Tower and remove the temporary or mobile tower from the Site. If Tenant has not returned its Equipment to the Water Tower and removed the temporary or mobile tower from the Site within one hundred and twenty (120) days of the notice of completion, Tenant shall pay double the current monthly rent until the Equipment is returned to the Water Tower and the temporary or mobile tower equipment is removed from the Site. 10. Notices. Section 13 of the Agreement is hereby deleted and replaced with the following: Except for notices permitted via telephone or via electronic mail, all notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): OWNER: City of Menomonie, Wisconsin 5 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 Attention: City Administrator 800 Wilson Avenue Menomonie, Wisconsin 54751 TENANT: Alltel Corporation d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate With a copy to: Basking Ridge Mail Hub Attention: Legal Intake One Verizon Way Basking Ridge, New Jersey 07920 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 11. Indemnification. Section 11 of the Agreement is hereby amended in its entirety to read as follows: Indemnification. Subject to Section 10.3 above (i) Tenant shall defend, indemnify, and hold harmless Owner for any loss or damage resulting from the intentional act or negligence of Tenant, and (ii) Owner shall defend, indemnify, and hold harmless Tenant for any loss or damage resulting from the intentional act or negligence of Owner. No provision contained in this Agreement shall be construed as a waiver or limitation of Owner’s governmental immunities set forth in Wis. Stat. § 893.80. 12. Full Force and Effect . Except as expressly amended herein the Agreement is unmodified and remains in full force and effect. In the event of a conflict between the terms of the Agreement and this Second Amendment, the terms of this Second Amendment shall be controlling. In addition, except as otherwise stated in this Second Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Second Amendment. 13. Counterpart and Facsimile Signatures. This Agreement may be executed in two or more counterparts, all of which counterparts together shall constitute one agreement, and an executed agreement sent by facsimile, email, or other electronic means is as valid as the original. 6 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 IN WITNESS WHEREOF, the Parties have executed this AMENDMENT NO. 2 TO WATER TOWER EQUIPMENT LOCATION LEASE on the day and year written below (the latest of which shall be the “Effective Date” of this Agreement). OWNER: City of Menomonie, Wisconsin a Wisconsin municipal corporation By: Name: Title: Mayor Date: By: Name: Title: City Clerk Date: By: Name: Title: Comptroller Date: TENANT: Alltel Corporation d/b/a Verizon Wireless By: Name: Title: Date: 7 WI05 MENOMONIE DT (MDG: 5000043167) 4927-2169-0746, v. 2 EXHIBIT “A” PROPERTY DESCRIPTION MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: 2026-2028 Wakanda Water Park Concession Agreement DATE: February 2, 2026 City Council Meeting The Wakanda Water Park has a small concession stand. The concession stand has been operated by the Kroening family, doing business as Wakanda Waterpark Concessions, for many years. The Kroening family desires to continue this relationship. City Staff, with assistance from Atty. Ludeman, negotiated the attached agreement. The agreement includes the following notable provisions: • The agreement includes the 2026, 2027 and 2028 waterpark seasons. • The City may terminate the agreement with 30 days notice. • The City will receive 10% of the total gross sales. If the City Council concurs, the appropriate motion would be Approve Wakanda Water Park 2026-2028 Concession Agreement with Rochelle Kroening doing business as Wakanda Waterpark Concessions, as presented (simple majority). Page 1 of 6 CONCESSION AGREEMENT This CONCESSION AGREEMENT (this “ Agreement”) is entered into as of the Effective Date, as hereinafter defined, by and between the City of Menomonie, a Wisconsin municipal corporation (the “ City”), and Rochelle Kroening d/b/a Wakanda Waterpark Concessions (the “Concessionaire”). The City and the Concessionaire may be referred to individually as a “Party” or collectively as the “Parties.” RECITALS WHEREAS, the City considers it necessary for the proper comfort of the public to grant to the Concessionaire a concession for the furnishing of facilities and services at the Wakanda Waterpark Pool; and WHEREAS, the City considers this concession to be of concern and benefit to the City and citizens and will render the Swimming Pool more attractive for public use; NOW, THEREFORE, in consideration of the foregoing recitals and definitions which are hereby incorporated into this Agreement, and of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Term and Termination. The term of this Agreement shall be for a period of three (3) years beginning on the Effective Date (the “Term”). The City may terminate this Agreement upon thirty (30) days’ written notice to the Concessionaire. If the City determines that the Concessionaire’s management or operation of the concession is unsatisfactory in any substantial respect or if the City determines that the Concessionaire has failed to carry out this Agreement, the City may terminate this Agreement immediately either orally or in writing. Upon termination of this Agreement, the rights of the Concessionaire are forfeited, and the City may immediately take possession of and operate the concession. 2. Location and Operation. The City grants the Concessionaire the right to operate the concession at the Wakanda Waterpark, located at 909 Pine Avenue East, City of Menomonie, State of Wisconsin during the dates the pool is open for general use during the Term of this Agreement. The concession will be located on the premises designated on Exhibit A, which is attached hereto and incorporated into this Agreement. 3. Concession Products. The concession will sell soft drinks, confections, and other such supplies and services as are ordinarily in demand by pool visitors, provided nothing will be served or prepared which would require exhaust fans or exhaust fixtures to be installed. No beer, wine, liquor, firearms, squirt guns, or pyrotechnics will be sold or rented. 4. Payments. The Concessionaire will pay to the City, by October 1 of each operating year during the Term of this Agreement, Ten Percent (10%) of the total gross income as reported to the City. Total gross income does not include sales tax. Page 2 of 6 5. Services and Utilities. Except as provided herein, t he Concessionaire will pay for all services and utilities, including telephone, used or consumed in the operation of this concession with separate meter installation if necessary. If no separate meters are installed, the Concessionaire will pay $50.00 per month for electric and utilities, said payments being due and payable at the end of the pool season with any being prorated. Garbage service expenses will be shared equally by the Parties, and the Concessionaire’s share will be accounted for at the same time as electric and utility bills are paid by the Concessionaire. 6. Maintenance. The Concessionaire will maintain and repair the premises, including any building which is used for the concession. The Concessionaire shall maintain the premises in its present condition, subject to ordinary wear and tear. The Concessionaire will keep the premises and surrounding grounds in a clean, neat , and sanitary condition at all times. The Concessionaire will not cause or allow any waste or nuisance upon the premises. The Concessionaire shall maintain all properties that are subject to this Agreement, both real and personal, on their present condition (ordinary wear and tear excepted), and shall maintain high standards of cleanliness and sanitation. The Concessionaire shall make no improvements, alterations, additions, or changes to the premises without express written approval of the City. 7. Equipment. All personal property necessary to operate the concession will be furnished by the Concessionaire. The Concessionaire may remove such personal property at any time during the term of this Agreement and, upon termination of the Agreement, will remove the personal property within a reasonable time as determined by the City. The Concessionaire will not remove any personal property or fixture if removal will damage the property or interest of the City. Any personal property or any fixture installed by the Concessionaire on the premises that the City determines cannot be removed will become the property of the City at no cost to the City. The Concessionaire will notify they City at least fifteen (15 days) before the Concessionaire wishes to start any such removal. Any sinks, fans, meters, shutters, or other fixtures installed by the City are to remain on the premises. 8. Dates of Operation. The concession shall be operated and open for business on a daily basis from the opening of the pool for general use through the closing of the pool for general use each year during the Term of this Agreement. The concession may be operated and open for business at other mutually agreeable times. The concession shall close each day it is operated by daily pool closing time. The City has the ability to close Wakanda Waterpark at its own discretion without compensation to the Concessionaire. 9. Advertising. The erection of signs, advertising, or display materials relating to the concession is not allowed unless authorized in writing by the City. All signs, advertising , or display materials and all publication, stationery, printed or promotional material, and exhibits issued or used by the Concessionaire shall be paid for by the Concessionaire and shall clearly identify the Wakanda Waterpark as property of the City of Menomonie. 10. Management. The development, management , and administration of Wakanda Waterpark is wholly and exclusively under the jurisdiction of the City, and the Concessionaire will only manage the premises designated for the concession stand. The management and operation of the concession is subject to all applicable Wisconsin Statu tes and the Wisconsin Administrative Page 3 of 6 Code. 11. City’s Right to Enter Premises. The City may enter upon the premises at any time upon reasonable notice for any reason and for the purpose of inspection or making such repairs and improvement as the City deems necessary in its sole and absolute discretion . The Concessionaire shall indemnify and hold harmless the City against any cause of action, claim, damage, cost, or expense, including reasonable attorney’s fees, arising from the management or operation of the concession or from any breach or default by the Concessionaire in the performance of this Agreement, or from any negligence of t he Concessionaire at the premises. In case any action or proceeding is brought against the City by reason of any such cause of action or claim, the Concessionaire, upon notice from the City, will defend the City by counsel reasonably satisfactory to the City. 13. Insurance. The Concessionaire shall purchase public liability insurance to be effective as of the day of the execution of this Agreement naming the City, its employees, and the Concessionaire as the name insured in any amount of $300,000.00 single limit per occurrence including coverage of $300,000.00 for bodily and personal injury and $25,000.00 for property damage, so that the City will be protected from any liability arising out of the operation or management of the concession. The Concessionaire s hall furnish the City with a copy of the insurance policy or a certificate of insurance, to be placed in a file with the Agreement at least two (2) weeks before the Concessionaire begins operation. This Agreement is conditioned on the City’s approval of the insurance policy. Any notice of cancellation of the insurance policy will require written notice to the City. 14. Financial Documentation . The Concessionaire shall furnish the City weekly audited income statements and a final income statement within 14 days of the close of the pool each season. The Concessionaire shall maintain a set of books to record on the operation of the concession. The books and records shall be made available to the City at any reasonable time for the purpose of examination and shall be retained for at least three (3) years following the termination of this Agreement. 15. Assignment. This Agreement may not be assigned unless agreed upon by both Parties in writing. 16. Conduct on Premises . The Concessionaire shall conduct and supervise the concession in an orderly and business-like manner and shall not permit any disorderly behavior on the premises. No Pinball machine, jukebox, shooting galleries , or other similar devi ces may be installed. 17. Supplies and Pricing . The Concessionaire shall maintain an adequate stock of goods and supplies and shall supply appropriate and necessary services in accordance with the purpose of this concession. The Concessionaire shall charge prices that are competitive with other merchants in the vicinity for all goods and supplies sold, services performed or equipment rented to the public. The Concessionaire shall inform the City in writing of the prevailing prices for the goods and supplies sold, equipment rented or services performed upon the request of the City. If the City determines that a particular price is too high or too low, the Concessionaire shall reduce Page 4 of 6 or raise the price according to the City’s directions. 18. Employee Claims . Where applicable, the Concessionaire shall furnish full worker’s compensation coverage for its employees , under Ch. 102, Wisconsin Statutes, unemployment insurance, and benefits under Ch. 40, Wisconsin Statutes. The Concessionaire shall comply with all social security and withholding tax laws and rules. A person claiming that coverage is not required under Chapter 102, Wis. Stats., shall upon request, provide the basis for such opinion in writing to the City. 19. Non-Discrimination. In connection with the performance of work under this Agreement, the Concessionaire agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat. § 51.01(5), sexual orientation, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertisi ng; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 20. Independent Contractor. Relationship of the Parties is one of principle/agent in that the Concessionaire is an independent contractor of the City rather than an employment relationship whereby one Party is the employer and the other Party the employee. The Concessionaire has no authority to enter into contracts or agreements on behalf of the City. This Agreement does not create a partnership between the Parties. Except as otherwise provided, the City shall have no right or power to control or otherwise interfere with the Concessionaire mode of effecting performance under this Agreement. 21. Security Interests. The Concessionaire shall not create any lien, security interest , or encumbrance on or in the premises, including any building. 22. Premises Security. The Concessionaire agrees to take reasonable action necessary to guard against trespass and to keep secure any room or building used in the concession. 23. Meeting between the Parties. The Concessionaire shall meet with the City before the pool opens for general use each year during the Term of this Agreement to discuss plans for the forthcoming season. 24. Emergency Supplies . The Concessionaire shall maintain an operable fire extinguisher and a first aid kit on the premises. 25. Emergency Situation. If the City determines that an emergency exists, the City may order the concession to be temporarily closed. 26. Damage or Destruction of Premises . In the premises or any part of them are destroyed or damaged by water, wind or fire, or by a human or a natural cause so as to make it necessary to rebuild, restore, replace, or substantially repair the premises or any part of them, the Concessionaire agrees that the City need not rebuild, restore, replace, or substantially repair the premises. Page 5 of 6 27. Parties Included. In this Agreement, the City and the Concessionaire include their respective employees, officers, members, directors, agents, servants, contractors, representatives, partners, assignees and successors. If the Concessionaire ceases to exist in fact or by law, the City may immediately terminate this concession Agreement and, without waiving any remedy available to it, perform this concession Agreement. 28. Invalid Provisions / Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable for any reason whatsoever, it is agreed that such invalidity or unenforceability shall not affect any other provision of this Agreement and the remaining covenants, restrictions, and provisions hereof shall remain in full force and effect and any court of competent jurisdiction may so modify the objectionable provision as to make it valid, reasonable, and enforceable. 29. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the Concessionaire running the concessions at the Wakanda Water Park . All previous agreements relating to the subject matter of this Agreement shall be superseded by this Agreement, which shall be binding on the Parties hereto upon execution by the Parties. This Agreement may not be modified or amended by oral agreement, but only by an agreement in writing signed by both Parties. 30. Jurisdiction and Venue . The laws of the State of Wisconsin shall govern this Agreement and any amendments executed thereto. Venue for all legal proceedings arising out of this Agreement, or any breach thereof, shall be exclusively in the Circuit Court of Dunn County, Wisconsin. [signature page to follow] Page 6 of 6 IN WITNESS WHEREOF, the City and the Concessionaire have executed this Agreement to be effective as the date of the last signature hereto (the “Effective Date”). THE CITY: City of Menomonie, a Wisconsin municipal corporation By: Name: Title: Date of Execution: ______________________, ______, 2026 THE CONCESSIONAIRE: Rochelle Kroening d/b/a Wakanda Waterpark Concessions By: Name: Rochelle Kroening Date of Execution: ______________________, ______, 2026 MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Knaack & City Council FROM: David Schofield, Director of Public Works SUBJECT: 2026 Pickleball Special Event Applications DATE: April 20, 2026 City Council Meeting City Staff have received three Special Event Applications for the Wakanda Park pickleball courts in 2026. The Pine Avenue contractor is expected to complete the court surfacing in early May. Exact completion date is not known at this time. The Recreation Advisory Committee reviewed these applications on April 15 and made the following recommendations: • Recommend approval of Special Event Permit Application from Menomonie Pickleball Club for the Men’s Ladder League (8 pickleball courts in Wakanda Park from 5pm to 8pm on Tuesdays until June 30, 2026). • Recommend approval of Special Event Permit Application from Menomonie Pickleball Club for the Women’s Ladder League (8 pickleball courts in Wakanda Park from 5pm to 8pm on Thursdays until July 2, 2026). • Recommend approval of Special Event Permit Application from the Court Cougars for the Women’s General Play (8 pickleball courts and 1 tennis court in Wakanda Park from 7am to 11am on Tuesdays until August 25, 2026), excluding the tennis court, as it is the only City-owned tennis court. They were open to reservation of the tennis court for concentrated events, like a weekend tournament, but were not in favor of a weekly event as was proposed. If the City Council concurs, the following motions would be appropriate • Approve Special Event Permit Application from Menomonie Pickleball Club for the Men’s Ladder League (8 pickleball courts in Wakanda Park from 5pm to 8pm on Tuesdays until June 30, 2026) (simple majority vote). • Approve Special Event Permit Application from Menomonie Pickleball Club for the Women’s Ladder League (8 pickleball courts in Wakanda Park from 5pm to 8pm on Thursdays until to July 2, 2026) (simple majority vote). • Approve Special Event Permit Application from the Court Cougars for the Women’s General Play (8 pickleball courts in Wakanda Park from 7am to 11am on Tuesdays until to August 25, 2026), excluding the tennis court (simple majority vote). 739 Regal Ridge Circle Hudson, WI 54016 City of Menomonie 800 Wilson Avenue Menomonie, WI 54751 City of Menomonie - InspectWIz NSED Housing Preliminary Project Scope We are excited to get started and complete the work provided in this preliminary scope of work. We believe this software customization will improve the effectiveness and efficiencies of the related departments while giving the residents and management companies the resources of NSED area housing scheduling, city ordinances, NSED property inclusion, inspections and reporting. This preliminary Statement of Work is for the initial stages of customization of InspectWIz – Building Inspection Software. The goal is customizing the current software to fit the needs of the City of Menomonie integrating the Rental Housing Inspection process and the new NSED Residential rental inspections. Including internal and external communications with the city building inspection department and providing interactive reports for the city. Below is the list of updates we see to integrate this project. 1) Develop a new NSED housing inspection scheduling resource for specific NSED housing properties. 2) Import NSED property files. 3) Create a new online NSED inspection form and housing inspection type. 4) Create an inspection form to include new city ordinances relating to the NSED housing inspections. 5) Develop a new process to incorporate the rental housing inspections for NSED properties with email capability for inspection reports. 6) Customize Reports for all rental housing in the city. Thanks again for your business consideration, and please contact me if you have any questions. Yours Sincerely, Team InspectWIz inspectwiz@gmail.com (715) 690-5656 Software Customization Quote 739 Regal Ridge Circle Hudson WI 54016 715-690-5656 DATE: APRIL 8, 2026 To City of Menomonie 800 Wilson Avenue Menomonie, WI 54751 SALESPERSON JOB PAYMENT TERMS DUE DATE Craig Hofland Add new NSED functions to Housing Inspections Pay in full Upon completion QTY DESCRIPTION UNIT PRICE LINE TOTAL 1 Customization to include NSED boundary properties and customize Housing Inspection forms and Reporting tools – Estimate @40 hours of custom coding, testing and implementation. $200/hr $8,000 SUBTOTAL $8,000 TOTAL DUE $8,000 Quotation prepared by: Craig Hofland – InspectWIz To accept this qu otation, sign here and return: ________________________________ ________________________________ _______________________ THANK YOU FOR YOUR BUSINESS! 2026 Claims Description Total Invoice Amt Overdrawn COLFAX MESSENGER ELECTION: MINUTES/LEGAL PUBLICATIONS $1,122.76 $121.25 Total $1,122.76 $121.25 Parking Utility Claims 2026 Description Total Invoice CITY TREASURER SALES TAX EXPENSE $400.92 $400.92 Total $400.92 $400.92 DATE LIST PROVIDED: **REVISED - DATE: APRIL 20, 2026 COUNCIL CLAIMS Wednesday, April 15, 2026 CITY OF MENOMONIE COUNCIL MEETING LICENSES – April 20, 2026 LICENSE YEAR – 2026 TEMPORARY CLASS “B” BEER LICENSE: Menomonie Baseball Association – 1412 6th St. E • American Legion/Eagles Baseball Games, Wakanda Park, Diamond #2 o 05/17/2026, 06/01/2026, 06/06/2026, 06/08/2026, 06/09/2026, 06/15/2026, 06/16/2026, 06/17/2026, 06/22/2026, 06/23/2026, 06/25/2026, 06/30/2026, 07/07/2026, 07/11/2026, 07/14/2026, 07/16/2026, 07/18/2026, 07/25/2026, 07/26/2026, 08/05/2026, 08/08/2026, 08/22/2026. 4/15/26 CITY OF MENOMONIE COUNCIL MEETING LICENSES – April 20, 2026 RENEWALS FOR LICENSE YEAR – 2026-2027 (expires June 30, 2027) CIGARETTE: Love’s Travel Stops & County Stores, Inc. (Love’s Travel Stop #622 – 5930 Badger Dr.) CLASS “A” BEER & “CLASS A” LIQUOR: Love’s Travel Stops & County Stores, Inc. (Love’s Travel Stop #622 – 5930 Badger Dr.) 4/15/26