City Council Meeting - October 7, 2026

City of Amery COMMON COUNCIL MEETING AGENDA - AMENDED The City of Amery does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services, programs or activities. NOTE: Upon reasonable notice, the City of Amery will accommodate the needs of disabled individuals through aids or services. For additional information or to request this service, contact the Clerk-Treasurer’s office at (715) 268-3410 by Noon the previous day so that arrangements can be made. Pursuant to Wisconsin Statutes 19.84, Notice is hereby given to the public that a meeting of the Common Council of the City of Amery will be held on: October 7, 2026 at Amery City Hall - 104 Maple St. W, Amery, WI at 5:00 PM. Call to Order Pledge of Allegiance Roll Call Adoption of Agenda Consent Agenda Items: Minutes – City Council (September 2, 2026), City Council (September 16, 2026), Special City Council (September 22, 2026), Committee of the Whole (September 22, 2026), Joint Fire Committee (June 8, 2026), Joint Fire Committee (September 14, 2026), Plan Commission (September 24, 2026), and Recycling Committee (August 4, 2026) Items under the consent agenda may be acted upon by one motion. If in the judgment of any Council Member, a consent agenda item needs discussion, the item can be removed and discussed. *Although the public may speak on any item that is not included on this agenda as a “Public Hearing or Forum” the Council will not respond or discuss the issue brought forward at this time. In accordance with open meeting laws the Council must notice an item on the agenda to take action on that matter. Your comments will be considered and may be placed on a future agenda for further discussion. Any person wishing to submit a public comment digitally may email them to Cityhall@amerywi.gov until noon of the day of the meeting. Although your comments will be presented to the Council they may or may not be read aloud or discussed during the meeting. The Public Comment Portion will be limited to 3 minutes total per speaker with the total duration to be at the Chair’s discretion. The council may act on any item that is noticed on the agenda. Taylor Larson Clerk/Treasurer **Posted: October 1, 2026 and amended on October 6, 2026 on the City Website (www.amerywi.gov); and at Amery City Hall, Amery Public Library, and the Amery Police Department. Order of Items Agenda Item 1 Public Comment 2 Department Head Reports –City Administrator, Clerk-Treasurer, Police Chief, Fire Chief, Library Director, and Director of Public Works 3 Appointment of Ron Dix to Plan Commission 4 Ordinance XX-2026 Creating §193-2A(1)(c) Exempting Residential Use Sheds of 150 Sqft or less from Building Permits 5 Resolution 14-2026 Granting an Easement to We Energies at 523 Airport Rd 6 Amery Municipal Airport Snow Removal Equipment Shed Construction Agreement 7 Council Comment 8 Possible Closed Session – Wis. Stat. §19.85(1)(g) – Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. – Project Bidding 9 Open Session – Possible Action on Closed Session Items(s) 10 Adjournment. 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 TO: The Common Council of Amery FROM: Alex Mansfield, City Administrator DATE: 10/6/2026 RE: Ordinance No. __-2026: Building Permit Exemption for Residential Sheds Summary The attached ordinance creates § 193-2A(1)(c) of the Municipal Code. It removes the building permit requirement for storage sheds of 150 square feet or less that serve a residential use. A zoning permit for placement of the shed is still required. Background The City now requires a building permit for every new structure, including a small pre-built shed delivered to a backyard. This change makes it easier for residents to install pre-built sheds and similar home-use storage structures. This is a common practice in Wisconsin. The State Uniform Dwelling Code does not apply to detached accessory buildings, so each municipality sets its own rule. River Falls, Hudson and Argyle exempt small sheds at sizes from 120 to 200 square feet. The exemption has four conditions: • A zoning permit is still required, so the City reviews setbacks and placement. • The shed must be anchored to the ground. • Electrical or plumbing work still needs its own permit. • Sheds on sites covered by the state commercial building code, such as apartment buildings, still need a building permit. Recommendation Staff recommends that the Common Council adopt Ordinance No. __-2026, creating § 193-2A(1)(c) of the Municipal Code to exempt residential sheds of 150 square feet or less from the building permit requirement. Ordinance No. __-2026 AN ORDINANCE TO CREATE § 193-2A(1)(c) OF THE CITY OF AMERY MUNICIPAL CODE, EXEMPTING SHEDS OF 150 SQUARE FEET OR LESS ACCESSORY TO A RESIDENTIAL USE FROM THE BUILDING PERMIT REQUIREMENT WHEREAS, § 193-2A(1) of the City of Amery Municipal Code requires a building permit before any new building or structure is erected in the City, including small storage sheds; and WHEREAS, the Wisconsin Uniform Dwelling Code does not apply to accessory buildings detached from a dwelling, § SPS 320.05(4), Wis. Adm. Code, which leaves the permitting of sheds to the City; and WHEREAS, the Common Council finds that the cost and delay of a building permit for a shed of 150 square feet or less that is accessory to a residential use outweigh the public benefit, and that Chapter 450, Zoning, will continue to govern where a shed may be placed; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Amery, Polk County, Wisconsin, as follows: SECTION 1. § 193-2A(1)(c) of the City of Amery Municipal Code is created to read: (c) Residential sheds of 150 square feet or less. No building permit is required under this chapter to erect, place, alter, repair or remove a shed that has a total area of 150 square feet or less and is accessory to a residential use. In this subsection, "shed" means a detached, one-story accessory building used for storage and not for human habitation, and "total area" means the area of the building's footprint measured from the exterior faces of its exterior walls. This exemption is subject to the following: [1] Zoning. The shed shall comply with Chapter 450, Zoning, including the accessory structure requirements of § 450-100 and the zoning permit requirement of § 450-108. [2] Electrical, plumbing and HVAC. Electrical wiring, plumbing, or heating, ventilating or air-conditioning equipment installed in or to the shed requires the permits otherwise required by this chapter. [3] Enlargement. A building permit is required before a shed is enlarged to a total area of more than 150 square feet. [4] Commercial buildings. This exemption does not apply to a building that is subject to the Wisconsin Commercial Building Code, Chs. SPS 361 to SPS 366, Wis. Adm. Code. [5] Anchoring. A shed of any size shall be anchored to the ground by frost footings, by a concrete slab with anchor bolts, or by ground anchors with metal strapping or chain. SECTION 2. All other provisions of Chapter 193 of the City of Amery Municipal Code remain in full force and effect. SECTION 3. The City Clerk-Treasurer is directed to incorporate this Ordinance into the City of Amery Municipal Code. SECTION 4. This Ordinance shall take effect upon passage and publication as required by law. SECTION 5. The City Administrator shall send a certified copy of this Ordinance to the Wisconsin Department of Safety and Professional Services. Adopted by the Common Council of the City of Amery this _____ day of _______________, 2026. ______________________________ Mayor ATTEST: ______________________________ City Clerk-Treasurer 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 TO: The City Council of the City of Amery FROM: Taylor Larson, Clerk-Treasurer DATE: October 5, 2026 RE: Resolution 14-2026 Granting an Easement to We Energies Background: The City of Amery received a request from We Energies for an easement to run a gas line from Taxiway Hotel/Golf to Taxiway India/Juliet along Unnamed Taxiway at the Amery Municipal Airport. The Council approved a lease for lot J1 at the airport, and the owner has begun construction and would like natural gas service to the hangar. The infrastructure installed in this easement will be underground, and will not interfere with airport operations. Fiscal Impact: There would be no cost to the City for this easement. Recommendation: Staff recommends approving Resolution 14-2026 granting the requested easement at the Amery Municipal Airport for We Energies. City of Amery Resolution 14-2026 A Resolution Granting an Easement to We Energies WHEREAS, the City of Amery owns property located at 523 Airport Rd, PID 201-00784-0000 & 201-01354- 0000; and WHEREAS, a new airport hangar and lease for site J1 were approved by the City Council on June 17, 2026; and WHEREAS, construction has begun on the new hanger, and the owner has requested natural gas service for the hangar; and WHEREAS, WISCONSIN GAS LLC, a Wisconsin limited liability company doing business as We Energies, here after referred to as We Energies, would like an easement for the area described as strips of land twelve (12) feet in width being part of Lot One (1) of Certified Survey Map No. 1298 recorded in Volume 6, Page 114, as Document No. 468698 and part of Lot Two (2) of Certified Survey Map No. 5771 recorded in Volume 26, Page 37, as Document No. 760224, both recorded in the Office of the Register of Deeds for Polk County, Wisconsin, being located in the Southeast 1/4 of Section 5, Township 32 North, Range 16 West, City of Amery, Polk County, Wisconsin; and WHEREAS, We Energies has requested an easement with the purpose to construct, install, operate, maintain repair, replace and extend underground utility facilities, pipeline or pipelines with valves, tieovers, main laterals and service laterals, together with all necessary and appurtenant equipment under and above ground, including cathodic protection apparatus used for corrosion control, as deemed necessary by We Energies, for the transmission and distribution of natural gas and all by-products thereof, or any liquids, gases, or substances which can or may be transported or distributed through a pipeline, including the customary growth and replacement thereof. Trees, bushes, branches and roots may be trimmed or removed so as not to interfere with We Energies use of the easement area; and WHEREAS, We Energies or its agents shall have the right to enter and use the City of Amery’s land with full right of ingress and egress over and across the easement area and adjacent lands of the City of Amery for the purpose of exercising its rights in the easement area; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Amery, that the Distribution Easement Gas be approved on parcel 201-00784-0000 & 201-01354-0000 at the Amery Municipal Airport in the City of Amery. Adopted this ____ day of ________________, 2026. _____________________________ Mayor, City of Amery _____________________________ City Clerk, City of Amery WR NO. 5262336 IO NO. MEU05209359 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF AMERY, a municipal corporation of the State of Wisconsin , hereinafter referred to as "G rantor", owner of land, hereby grants and warrants to WISCONSIN GAS LLC, a Wisconsin limited liability company doing business as We Energies, hereinafter referred to as "Grantee", a permanent easement upon, within, beneath, over and across a part of Grantor’s land hereinafter referred to as "easement area". The easement area is described as strips of land twelve (12) feet in width being part of Lot One (1) of Certified Survey Map No. 1298 recorded in Volume 6, Page 114, as Document No. 468698 and part of Lot Two (2) of Certified Survey Map No. 5771 recorded in Volume 26 , Page 37 , as Document No. 760224, both recorded in the Office of the Register of Deeds for Polk County, Wisconsin, being located in the Southeast 1/4 of Section 5, Township 32 North, Range 16 West, City of Amery, Polk County, Wisconsin. The location of the easement area with respect to Grantor’s land is as shown on the attached drawing, marked Exhibit “A”, and made a part of this document. 1. Purpose: The purpose of this easement is to construct, install, operate, maintain repair, replace and extend underground utility facilities, pipeline or pipelines with valves, tieovers, main laterals and service laterals, together with all necessary and appurtenant equipment under and above ground, including cathodic protection apparatus used for corrosion control, as deemed necessary by Grantee, for the transmission and distribution of natural gas and all by -products thereof, or any liquids, gases, or substances which can or may be transported or distributed through a pipeline, including the customary growth and replacement thereof. Trees, bushes, branches and roots may be trimmed or removed so as not to interfere with Grantee's use of the easement area. 2. Access: Grantee or its agents shall have the right to enter and use G rantor's land with full right of ingress and egress over and across the easement area and adjacent lands of Grantor for the purpose of exercising its rights in the easement area. 3. Buildings or Other Structures: Grantor agrees that no structures will be erected in the easement area or in such close proximity to Grantee's facilities as to create a violation of all applicable State of Wisconsin gas codes or any amendments thereto. 4. Elevation: Grantor agrees that the elevation of the ground surface existing as of the date of the initial installation of Grantee's facilities within the easement area will not be altered by more than 4 inches without the written consent of Grantee. 5. Restoration: Grantee agrees to restore or cause to have restored Grantor's land, as nearly as is reasonably possible, to the condition existing prior to such entry by G rantee or its agents. This restoration, however, does not apply to the initial installation of said facilities or any trees, bushes, branches or roots which may interfere with Grantee's use of the easement area. 6. Exercise of Rights: It is agreed that the complete exercise of the rights herein conveyed may be gradual and not fully exercised until some time in the future, and that none of the rights herein granted shall be lost by non- use. 7. Binding on Future Parties: This grant of easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of all parties hereto. 8. Easement Review: Grantor acknowledges receipt of materials which describe Grantor’s rights and options in the easement negotiation process and furthermore acknowledges that Grantor has had at least 5 days to review this easement document or voluntarily waives the five day review period. Document Number DISTRIBUTION EASEMENT GAS RETURN TO: We Energies PROPERTY RIGHTS & INFORMATION GROUP 231 W. MICHIGAN STREET, ROOM P277 PO BOX 2046 MILWAUKEE, WI 53201-2046 201-00784-0000 & 201-01354-0000 (Parcel Identification Number) Grantor: CITY OF AMERY, a municipal corporation of the State of Wisconsin By ______________________________________________ Signature ______________________________________________ Print Name and Title By ______________________________________________ Signature ______________________________________________ Print Name and Title Personally came before me in Polk County, Wisconsin on ______________________________________, 2026, the above named ___________________________________________, the ________________________________________(Title) and _________________________________________________, the _____________________________________(Title) of the CITY OF AMERY, a municipal corporation of the State of Wisconsin, for the municipal corporation, by its authority, and pursuant to Resolution File No. ___________________ adopted by its ___________________________________________ on __________________________________, 2026. Notary Public Signature, State of Wisconsin Notary Public Name (Typed or Printed) (NOTARY STAMP/SEAL) My commission expires This instrument was drafted by Erin Kube on behalf of W isconsin Electric Power Company , PO Box 2046, Milwaukee, Wisconsin 53201-2046. E E E GOLF DR HOTEL INDIA U N N A M E D S T DITCH DITCH LP 8, 27 ENV 8, 27 ENV M 2" PE 222' SEE SVC WR5259630 FOR INSTALLATION DETAILS SCALE: 1" = 40' AND STH 46 TO AIRPORT RD CONNECT NEW PE TRACER WIRE TO EXISTING TRACER WIRE CORROSION NOTE: EROSION CONTROL NOTES: scott.annis@we-energies.com 76331 2" PE 60D 98 1 WAY FEED 12 3 4 5 1 2 3 4 5 NORTH JOB OWNER: SCOTT ANNIS (715) 500-4037 SECTION / TOWN / RANGE: SE1/4 SEC5 , T32N, R16W JOB INFO: SITE VISIT COMPLETED BY: DON DIETSCH (715) 234-9604 6. Securing parked vehicles 5. Seat belts 4. Lock out - Tag out 3. Live gas emergency procedures 2. Excavation and shoring 1. Confined space procedures CRITICAL SAFETY RULES - GO: 2" SQUEEZE POINT COUPLING, 2" IPS ELECTROFUSION CAP, 2" IPS SOCKET X 1/2" PURGE ANODE, 1 LB STANDARD FLUSHMOUNT TERMINAL NO. ITEM DESCRIPTION CUSTOMER IS REQUIRED TO LOCATE ALL PRIVATE WE ENERGIES WILL COMPLETE LAWN / PAVEMENT REPAIR ON: ROAD ROW NEIGHBORING PROPERTY NONE CUSTOMER PROPERTY ROAD ROW NEIGHBORING PROPERTY NONE CUSTOMER PROPERTY WE ENERGIES WILL HAUL SPOIL FROM: WE ENERGIES IS NOT RESPONSIBLE FOR ROOT DAMAGE UNDERGROUND FACILITIES PRIOR TO INSTALLATION X CONTINGENCIES & COMMENTS: DIGGERS HOTLINE / MISS DIG REQUIRED X 14' 21' B O R E 192' OPEN CUT 30' 21' H1 H2 H3 AMERY MUNICIPAL AIRPORT 523 AIRPORT RD J1 SHEET NO. OF1 1 9/24/2026 10:34:36 AM U:\Data\@Work Management\Fox Valley\AMGO\@AMGO 5260000-5279999\5262336\Designer Information\Sketch\5262336_C53867-5262336-1788186883353.dgn FT. OF CORNER SERV PIPE SIZE: MATERIAL: CATV JOINT USE #: TEL JOINT USE #: OPER MAP #: FEEDER/LINE #: PREPARED BY: OFFICE #: CELL #: E-MAIL: PAGER #: EFV CURB VLV RELIGHT ELECTRIC INFORMATION PROPOSED GAS SERVICE INFORMATION ELEC WR GAS WR CITY / TOWN / VILLAGE: PROJECT ID: CGS #: COMMON INFORMATION STAKING REQUIREMENTS: EASEMENT: MAIN / SERVICE IN SURVEYOR DESIGNER STAKED NOT NEEDED YES NO RESTORE PRIVATE PROPERTY: WE ENERGIES CUSTOMER WORK IS APPROX FT, DIRECTION OF CL OF NEAREST CROSS STREET (ALSO FOR GAS SERVICE TEE) MTR LOC: TIE IN PIPING CUST/PROJ NAME: PROJECT LOCATION: WORK DESCRIPTION: DATE PREPARED: DATE REVISED: CONSTRUCTION TYPE: IO #: MTR SIZE: MTR TYPE: PRES: PHONE #: X C/AMERY (POLK COUNTY) BUNNY AIR LLC (952) 292-7256 523 AIRPORT RD - HANGER J1 AMERY 54001 2" PE MAIN EXTENSION 222' DON DIETSCH (K) don.dietsch@we-energies.com (715) 234-9604 (414) 522-0112 MEU05209359 AM5262336 9-24-26 STH 46 1010 W X RAILROAD PERMITTING/FLAGGING REQUIRED YES NO RR NAME CORROSION CONTACT: ADAM KNAUTZ (414) 221-4792 AM5262336 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 TO: The Common Council of Amery FROM: Alex Mansfield, City Administrator DATE: 10/1/2026 RE: Airport SRE Building, State/Airport Agreement for Construction (AHH1006) 1. Summary Staff requests Council approval of the State/Airport Agreement for Construction with the Wisconsin Bureau of Aeronautics (BOA) for the Snow Removal Equipment (SRE) Building at Amery Municipal Airport, BOA Project No. AHH1006. The agreement moves the projec t from design into construction. The total estimated project cost is $1,018,392.98, and the City's share is $29,938.98. Funds for the local share are already available, so this action authorizes the agreement only. 2. Background The City petitioned BOA for this project by resolution on June 5, 2024, and executed an agency agreement with the Department the same day. Under that arrangement, BOA administers the project on the City's behalf under Wis. Stat. §§ 114.32 and 114.34. Phase 1 (Design) was previously approved at $141,600, along with $2,800 in administrative costs. With bids now in hand, this agreement adds $873,992.98 for Phase 2 (Construction) and related administration. That amount includes the base bid of $859,482.00, Alternate A (removal and disposal of contaminated soil) at $4,594.00, and $9,916.98 in additional bid advertisement and project administration. The construction estimate includes resident engineering and labor compliance oversight. Council should be aware of the following terms in the agreement. Change orders during construction are split 50/50 between the City and the State, unless BOA later secures federal reimbursement for a given change order. The City is billed for its share as work progresses and must pay within 30 days, and the State may withhold any unpaid amount from other State payments due to the City. If the City withdraws from the project, it must reimburse the State for costs already incurred. Either party may terminate with 60 days' written notice. BOA also notes that federal grant funding is anticipated but not guaranteed. 3. Fiscal Impact The current cost distribution from BOA, dated September 11, 2026, is as follows: Funding Source Amount Share Federal (FAA AIP) $963,109.03 94.6% State (BOA) $25,344.97 2.5% Local (City of Amery) $29,938.98 2.9% Total Estimated Project Cost $1,018,392.98 100% 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 The City's $29,938.98 consists of its 2.5% share of design ($3,540.00), construction ($21,487.05), and administration ($317.93), plus 100% of Alternate A ($4,594.00). Contaminated soil removal is not eligible for federal or state participation, so the City carries that item in full. Of the local total, $3,540.00 for design was committed under the earlier approval. Funds for the local share are available and no budget amendment is needed. The main cost exposure beyond these figures is change orders: at the 50/50 split, every $10,000 in change orders would cost the City $5,000 unless BOA obtains federal reimbursement. 4. Recommendation Staff recommends that the Common Council approve the State/Airport Agreement for Construction with the Wisconsin Bureau of Aeronautics for BOA Project No. AHH1006, Construct Snow Removal Equipment Building (Phase 1 Design and Phase 2 Construction), and aut horize the Mayor to execute the agreement on behalf of the City. AHH1006\Documents\Funding Documents\SMFA Page 1 of 5 BOA #AHH1006 STATE/AIRPORT AGREEMENT FOR CONSTRUCTION Date: September 11, 2026 BOA Project Number: AHH1006 Airport Name: Amery Municipal Airport Airport NPIAs# (if applicable): 3-55-0097-11 County: Polk Associated City: Amery Project Description: Construct Snow Removal Equipment Building – Phase 1 (Design) and Phase 2 (Construction) Project Sponsor: City of Amery The signatory, City of Amery, on behalf of its Amery Municipal Airport, requests to begin a project with the Wisconsin Bureau of Aeronautics (BOA)(the “State”). This project was petitioned by the Sponsor in a Resolution dated June 5, 2024 , and the Department and the Sponsor have executed an agency agreement dated June 5, 2024, (the “Agency Agreement”). The authority for the Airport to enter into this agreement with the State is provided by Section 114.32, Section 114.34, and Section 66.0301 of the Wisconsin Statutes. NEEDS AND ESTIMATE SUMMARY: This project has been identified as a need in the (airport’s ownership name)’s Airport Improvement Capital Plan (ACIP). Construct Snow Removal Equipment Building – Phase 1 (Design) and Phase 2 (Construction) (the “Project”) This agreement will include three different project phases including the Project Formulation Phase, the Design Phase, and the Construction Phase of this project. The purpose of the Project Formulation Phase is to justify the need, complete the environmental document and determine the final scope of the project. The Project Formulation Phase of a project is not fundable upfront with Federal Funds, however, the funds spent may be reimbursable upon successful completion of the Project Formulation Phase. At the conclusion of the Project Formulation Phase, BOA will apply for a Federal Grant, if applicable, on behalf of the Sponsor to reimburse the Sponsor and BOA for funds spent during the Project Formulation Phase, as well as to provide funding to allow the Project to move forward through both the Design and Construction phases of the Project. All components of the Project that are either state or federally funded must be defined in the required environmental document. AHH1006\Documents\Funding Documents\SMFA Page 2 of 5 BOA #AHH1006 The Sponsor agrees to the following project funding conditions: BOA will be applying for Grants per the Airport Improvement Program Handbooks for items determined to be eligible for funding, however receipt of grant funding is not guaranteed. The dollar amounts shown in the Summary of Approximate Costs Table below are estimates and are subject to change as the phases progress. The final Sponsor share is dependent on the final project scope, final negotiated consultant contracts, and the final construction costs. In addition, if contract changes occur in construction that result in a change order, the Sponsor and the State agree to split all additional change orders costs 50/50. If a change order is eligible for federal funding reimbursement, the State will apply for reimbursement and if granted, the State will adjust the share of costs accordingly. Summary of Approximate Costs for the entire project approved through the finding process following state statute 114.33 Summary of Approximate costs known as of 09/11/2026. This table will get updated as the project progresses. Total Estimated Cost % % % -$ -$ 0% -$ 0% -$ 0% 141,600.00$ 134,520.00$ 95% 3,540.00$ 2.5% 3,540.00$ 2.5% 0 -$ 0 - $ 0 - $ 0 Alt. A- remove and dispose of contaminated soil 4,594.00$ -$ 0% -$ 0% 4,594.00$ 100% Base Bi d 859,482.00$ 816,507.90$ 95% 21,487.05$ 2.5% 21,487.05$ 2.5% -$ -$ 0 - $ 0 - $ 0 Bi d Adverti sement 379.54$ 360.56$ 95% 9.49$ 2.5% 9.49$ 2.5% Pr oj ect Admi n 12,337.44$ 11,720.57$ 95% 308.43$ 2.5% 308.44$ 2.5% 1,018,392.98$ Local Funds 963,109.03$ 25,344.97$ 29,938.98$ Desi gn 1C onstruction Project Formulation Phase: Administrative Total Cost Distributions Federal Funds State Funds 1 Estimate includes resident engineering and labor compliance AHH1006\Documents\Funding Documents\SMFA Page 3 of 5 BOA #AHH1006 This request shall constitute an agreement between the Sponsor and the State (this “Agreement”), is subject to the terms and conditions that follow, and is made by the undersigned under proper authority to make such request for the designated Sponsor, upon signature by the State and delivery to the Sponsor. This Agreement can only be modified by written instruments duly executed by both parties. No terms or provisions of this Agreement or any of its attachments may be changed, waived or terminated orally. Signatures certify the content has not been altered by the Sponsor. Signed for and in behalf of: Amery Municipal Airport (please sign in blue ink.) Name (print) Title Signature Date Signed for and on behalf of the State Name (print) Title Signature Date AHH1006\Documents\Funding Documents\SMFA Page 4 of 5 BOA #AHH1006 TERMS AND CONDITIONS: 1. The Sponsor shall pay to the State all costs incurred by the State in connection with the improvement which exceeds federal/state financing commitments or are ineligible for federal/state financing. Local participation shall be limited to the items and percentages set forth in the Summary of Costs table, which shows Sponsor funding participation. In order to guarantee the Sponsor’s foregoing agreements to pay the State, the Sponsor, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Sponsor. 2. Federal aid and/or state transportation fund financing will be limited to participation in the costs allowed under Sections 114.33 through 114.35 of the Wisconsin Statutes, as specified in the Summary of Costs table. 3. Work necessary to complete the improvement to be financed entirely by the Sponsor includes the following items: (a) Construction – Alternate A – removal and disposal of contaminated soil 4. As the work progresses, the Sponsor will be billed for work completed which is not chargeable to federal/state funds. The Sponsor shall reimburse the Department for such Project costs within thirty (30) days after request for reimbursement. Upon completion of the project, a final audit will be made to determine the final division of costs. 5. If the Sponsor should withdraw the Project at any point between Project Formulation and Construction, it shall reimburse the State for any costs incurred by the State on behalf of the Project. 6. The work will be administered by the State and may include items not eligible for federal/state participation. The State may suspend or discontinue proceedings or construction relative to the Project at any time if the Sponsor fails to pay the amount properly required of it as its contribution to the Project. 7. The Sponsor shall, in cooperation with the State, assist with public relations for the Project and announcements to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the Project and arrangements for handling traffic within and around the Project. 8. The Department is compliant with all federal laws, and the Sponsor is responsible to ensure it is also compliant with and can also satisfy any federal requirements including, but not limited to, the FAA assurances, which is attached hereto for reference. 9. The Department may cancel its obligations under this Agreement, in whole or in part, and without penalty due to any failure to secure a federal grant or for the Sponsor’s failure to comply with the terms, conditions, and specifications referenced herein. 10. Either party may terminate its obligations under this Agreement by giving sixty (60) days written notice of such termination to the other party. In the event of termination, the Department is entitled to receive just and equitable compensation for any work completed until the effective date of such termination 11. All terms of this Agreement shall be binding upon and inure to the benefits of the legal representatives, successors and executors. No rights under this Agreement may be transferred to a third party. This Agreement creates no third-party beneficiary rights to be held by any person or entity who is not a party to this Agreement. Nor does it accord on any non-party the right of enforcement. 12. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein and in any deed executed pursuant to this Agreement are enforceable by an action in the Circuit Court of Dane County, Wisconsin. 13. Nothing in this Agreement shall be construed as a waiver of the State’s sovereign immunity. AHH1006\Documents\Funding Documents\SMFA Page 5 of 5 BOA #AHH1006 14. With respect to any payment required to be made by the State under this Agreement, the parties acknowledge the State’s authority to make such payment is contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the Legislature. If such funds are not so appropriated, either the Sponsor or the State may terminate this Agreement after providing written notice not less than thirty (30) days before termination. 15. During the term of performance of this Agreement, and for a period not less than three years from the date of final payment, records and accounts pertaining to the performance of this Agreement are to be kept available for inspection and audit by representatives of the State. The State reserves the right to audit and inspect such records and accounts at any time. The Sponsor shall provide appropriate accommodations for such audit and inspection. 16. This Agreement may be executed in counterparts, each of which will be deemed an original, all such counterparts will together constitute one and the same instrument. Comments and Clarification: This agreement is an active agreement that may need to be amended as the project is designed. It is understood that these amendments may be needed as some issues have not been fully evaluated or resolved. The purpose of this agreement is to specify the local and state involvement in funding the project. A signed agreement is required before the State will prepare or participate in the preparation of detailed designs, acquire right-of-way, or participate in construction of a project that merits local involvement.