Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE MONDAY, AUGUST 12, 2019 – 5:15 P.M. VERONA CITY CENTER 111 LINCOLN STREET VERONA, WI 53593 AGENDA 1. Call to order. 2. Roll call. 3. Approval of the minutes of the July 7, 2019 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and action regarding Change Order No. 1 for Project 2018-107 CTH M / Liberty Drive Traffic Signals. 5. Discussion and action regarding Ordinance Number 19-940 Cluster Mailboxes. 6. Discussion and action regarding Lease Agreement with Verizon for services located at Tower 3 at 1252 Hemlock Dr. 7. Discussion and action regarding Agreement with Dane County for construction of CTH M. 8. Discussion regarding Verona waterworks rate study update. 9. Discussion regarding on-going public works and utility projects. 10. Adjourn. Evan Touchett Chairperson POSTED: Verona City Hall, Verona Public Library, Miller’s Market ALL AGENDAS ARE POSTED ON THE CITY’S WEBSITE AT www.ci.verona.wi.us IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS, OR OTHER ACCOMMODATION TO ACCESS THE MEETINGS, PLEASE CONTACT THE CITY CLERK AT 845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA MINUTES PUBLIC WORKS/SEWER & WATER COMMITTEE MONDAY, JULY 8, 2019 1. The meeting was called to order by Mr. Touchett at 5:15pm. 2. Roll Call: Present: Evan Touchett, Chad Kemp, and Sarah Gaskell. Also present: Theran Jacobson, Public Works Director; Adam Sayre, Planning Director / Interim City Administrator; Carla Fisher, AECOM. Jim Ferolie, Verona Press, entered at 5:40pm. 3. MOVED by Touchett, seconded by Kemp, to approve the minutes of the June 10, 2019 meeting of the Public Works/Sewer and Water Committee. Motion carried 3-0. 4. MOVED by Touchett, seconded by Kemp, to recommend approval of the Professional Services Agreement with AECOM for Construction Related Services for Project 2016-123 CTH PD, Woods Rd to CTH M. Motion carried 3- 0. 5. MOVED by Touchett, seconded by Kemp, to recommend approval of the Professional Services Agreement with JT Engineering for construction administration and inspection in regards to work with-in right-of way. Motion carried 3-0, contingent upon review and approval by the City Attorney. 6. Jacobson updated the Committee on the Verona water rate case. The Public Hearing has been scheduled for July 31, 2019 and that the formal order from the Public Service Commission is anticipated in August. 7. MOVED by Touchett, seconded by Gaskell, to adjourn at 5:44pm. Motion carried 3-0. Note: These minutes were prepared by Theran Jacobson, Director of Public Works. These minutes are based on the notes of the recorder and are subject to change at a subsequent meeting. Public Works Committee August 12, 2019 Item (4) Change Order No. 1 for Project 2018-107 CTH M / Liberty Drive Traffic Signals. Integrity Grading and Excavating is nearing completion of the traffic signals at CTH M / Liberty Drive / Thousand Oaks Trail. Change order No. 1 is to rectify lighting quantities for the work completed to date. ATC notified the City of clearance issues between their overhead transmission line and the proposed street light poles to be constructed. City submitted the plans to ATC well in advance of the project being bid and received no comments. Comments were provided by ATC when AECOM scheduled the pre-construction conference. The contract notes are as follows: • Contract award value = $576,111.96 • Change order No. 1 = $3,597.00 (add) • Final contract value = $579,708.96 Item (5) Ordinance Number 19-940 Cluster Mailboxes. In 2012, the United States Postal Service (“USPS”) updated their Postal Operations Manual (“POM”) with a focus on modes of delivery. The USPS will no longer be delivering mail to individual mailboxes for single-family residences, but has required coordination with the local Post Master to determine where cluster mailbox units should be located as depicted in Figure 1.  Figure 1 - Two different styles of cluster mailbox units. Staff has created an Ordinance that would explain the requirements for a cluster mailbox unit. Ordinance highlights are as follows: 1. Privately owned within an outlot dedicated to a homeowner’s association 2. Installed outside of public right-of-way 3. Installed on a concrete pad behind a sidewalk Item (6) Lease Agreement with Verizon for services located at Tower 3. Staff has been working with Verizon on a lease agreement for rental of tower space at Tower 3 located near Country View Elementary School. The lease agreement follows the City lease format executed with other carries currently located on City facilities. Highlights of the lease agreement are as follows: 1. Five year term 2. Renewal for four additional successive five year terms unless tenant provides landlord written notice 3. Upfront cost for execution of lease is $16,100 4. Base monthly rent is $2,300 with a 3% escalation Action shall be contingent on legal review of the lease agreement. Item (7) Agreement with Dane County for construction of CTH M. City of Madison is the lead for the CTH M expansion currently under construction and has agreement with Wisconsin Department of Transportation. City of Verona and Dane County each have separate agreements with City of Madison for the cost sharing of the CTH M project. Project ID 5992-09-82 (Verona section) is being billed by WisDOT to City of Verona and not City of Madison. City of Madison has not received any invoices for the construction of the elements under the 5992-09-82 ID. This agreement will allow the billing process to move forward and allow the City of Verona to invoice Dane County for their share of the project. An amendment will be required with City of Madison as part of this agenda item. Item (8) Verona waterworks rate case update. The hearing at the Public Service Commission occurred on July 31, 2019 with only two comments from the public. All items presented by PSC and City staff were sworn in as official documents for the rate case. City should anticipate seeing the official order from the PSC within the month on their action of approval or denial or modification. Item (9) On-going public works and utility projects Discussion and updates for ongoing public works and utility projects.  ORDINANCE NO. 19-940 AN ORDINANCE CREATING SECTION 6-2-18 OF THE CODE OF ORDINANCES, CITY OF VERONA, WISCONSIN RELATING TO CLUSTER MAILBOXES The Common Council of the City of Verona, Dane County, Wisconsin, do ordain that Section 6-2-18 of the Code of Ordinances, City of Verona, Wisconsin is created to read as follows: Sec. 6-2-18 – Cluster Mailboxes. (a) Definitions. (1) A Cluster Mailbox Unit (CBU) is a centralized structure housing multiple mailbox units to serve each residential dwelling for the express purpose of regular mail delivery. (b) Regulations. (1) CBUs shall be located on an outlot or a lot dedicated to a homeowner’s association or a managing entity and are prohibited within the public right-of-way. The location of the CBUs shall be determined by the City. (2) Installation of CBUs and any associated shelters, lighting, parking, and other related amenities shall be the responsibility of the developer, subject to approval of the City, and shall not adversely impact sight distance to any driveway or road intersection. a. CBUs shall be located within an amenity center, if one is proposed for the development. b. CBUs shall be located in area(s) that will best allow for vehicle stacking or parking without creating pedestrian safety or vehicle safety issues. c. Access to CBU(s) shall comply with the Americans with Disabilities Act and any applicable State of Wisconsin disability law standards. d. Any sidewalks required by other provisions of the City of Verona Code of Ordinances shall apply to the location of the CBUs. e. CBUs shall be installed according to manufacturer’s standards. f. CBUs shall be installed on concrete pads poured behind the sidewalk. 1  g. CBUs and any associated shelters shall be exempt from setback requirements. h. CBUs and any associated shelters shall meet or exceed all applicable building code standards. i. Locks, keys, and assignments of mailboxes shall be done through the United States Postal Service. (3) Maintenance of CBUs and any associated shelters, lighting, parking, and other related amenities shall be the responsibility of the homeowner’s association or managing entity. This includes, but is not limited to: a. Keeping the CBUs and any associated shelters, parking, and other related amenities clear of debris and obstacles. b. Within twenty-four (24) hours after the cessation of any fall of snow, removing, or causing to be removed, snow and ice from the CBUs and any associated shelters, parking, and other related amenities, and adjacent sidewalks, walk-ways, or cross-walks. This includes the full width of sidewalks, walk-ways, or cross-walks. c. If the homeowner’s association or a managing entity fails to properly maintain the CBUs and any associated shelters, parking, and other related amenities, and adjacent sidewalks, walk-ways, or cross-walks pursuant to this section, the City may perform the maintenance work, including, but not limited to, snow and ice removal. The cost and expense for work shall be imposed as a special charge against the lots that utilize the CBU, and the cost and expense shall be collected in the same manner as other special taxes. d. No person shall deposit or cause to be deposited any snow or ice taken and removed from the CBUs and any associated shelters, parking, and other related amenities upon any sidewalk, alley, parkway, public place, street in the City, or property owned by another individual or entity. The foregoing ordinance was duly adopted by the Common Council of the City of Verona at a meeting held on _______________________, 2019. CITY OF VERONA ____________________________ Luke Diaz, Mayor 2  (seal) ____________________________ Ellen Clark, City Clerk ENACTED: ___________________ PUBLISHED: ___________________ 3  LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into as of this ___ day of _______________, 20__, by the City of Verona (“Landlord”), a Wisconsin municipal corporation, and Cellco Partnership d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Tenant”). BACKGROUND Landlord is the owner in fee simple of a parcel of land located on Hemlock Drive in the City of Verona, Dane County, State of Wisconsin, legally described on the attached Exhibit A (the “Premises”). A water tower (the “Tower”) is located on the Premises. Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, a portion of the Premises described below to enable Tenant to erect, operate and maintain certain communications facilities of Tenant, on the terms and conditions set forth below. AGREEMENT 1. Leased Premises. A. Landlord leases to Tenant and Tenant leases from Landlord a portion of the Premises, including space on the Tower and space on the ground for a shelter, as shown on the Site Plan attached as Exhibit B. The Premises are subject to all existing easements, covenants, conditions, and restrictions of record, if any. Tenant intends to locate directional antennas, connecting cables, coaxial cables, and appurtenances (“Antenna Facilities”) on the Tower at the locations shown on the attached Exhibit C. B. Landlord reserves the right to require Tenant to permanently relocate its facilities once during any ten (10) year period at Tenant’s expense to another location on the Tower provided such relocation is a result of a governmental requirement, to accommodate a governmental party or in relation to maintenance or improvements of the Tower. Tenant shall complete the relocation of its facilities within three hundred sixty five (365) days after written notice from Landlord. If Landlord requires Tenant to permanently relocate more than one (1) time during any ten (10) year period, such relocation shall be at Landlord’s expense. Landlord shall not cause Tenant to relocate its facilities to accommodate any non- governmental third party. C. Landlord reserves the right at any time upon one hundred eighty (180) days advanced written notice to Tenant to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Premises or Tower and to temporarily interfere with Tenant’s leasehold improvements as may be necessary in order to carry out any such activities. During the period of such temporary interference, Tenant shall have the option to place a temporary antenna array on the Premises and Tower. Such temporary antenna array shall be at least 20’ from the drip area of the Tower. This notice requirement shall not affect any situation where Landlord must request Tenant's relocation in the event of an emergency as 1  necessary to protect the health, safety, and welfare of visitors or Landlord's other tenants. In the event of a relocation request under this Section, Tenant agrees to cover the costs of relocating its equipment. If such approval is to include going through any permitting process of Landlord, Landlord shall waive any permit fees for Tenant for its reinstallation. Landlord shall provide space satisfactory to Tenant in the location shown in the Site Drawing attached hereto as Exhibit B in order for Tenant to operate temporary cellular facilities during the course of any maintenance that cannot be completed without Tenant's relocation. Landlord shall take all steps possible to ensure that Tenant is off the Tower for the minimum length of time possible. D. Landlord also makes certain grants of easement for ingress/egress and utilities, as more particularly described on the attached Exhibit A, which easement is in effect throughout the term of the Lease as renewed or extended. Any and all rights granted to Tenant under the grants of easement for ingress/egress and utilities, as more particularly described on the attached Exhibit A, shall terminate when the Lease terminates. For avoidance of doubt, Tenant’s access to the Premises, including the easement areas described in Exhibit A and the Tower, is also subject to Section 9 of this Lease. E. This Lease is not a franchise nor is it a permit to use the rights-of-way. Any such franchise or permit must be obtained separately from Landlord. 2. Term. A. The initial term of this Lease shall be five (5) years terminating at midnight on the fifth (5) annual anniversary of the Commencement Date (the “Initial Term”). B. This Lease will automatically renew for four (4) additional and successive five (5) year terms unless Tenant gives Landlord written notice of non-renewal at least six (6) months before the end of each existing term (each a “Renewal Term”). C. The Lease shall commence on the earlier of: (i) the date that is twelve (12) months from full execution of this Lease or (ii) the date that the Tenant commences its installation work on its Antenna Facilities on the Premises. In the event the date at which Tenant commences its installation work on the Premises or the date that is twelve (12) months from full execution of the Lease, whichever is applicable, falls between the 1st and 15th of the month, the Lease shall commence on the 1st of that month and if such date falls between the 16th and 31st of the month, then the Lease shall commence on the 1st day of the following month (either the "Commencement Date"). Landlord and Tenant acknowledge and agree that initial rental payment(s) shall not actually be sent by Tenant until thirty (30) days after the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1, Tenant shall send to the Landlord the rental payments for January 1 and February 1 by February 1. 2 Tenant Site Name: NE Verona Date: 8-1-19 D. If Tenant fails to commence its installation work on its Antenna Facilities on the Premises within twelve (12) months of the execution of this Lease, Landlord may terminate this Lease. E. Upon execution of this Lease, Tenant shall pay Landlord Sixteen Thousand One Hundred Dollars ($16,100.00). 3. Rent. A. During the Initial Term and any Renewal Terms, Tenant shall pay Landlord as rent for the Premises the sum of Two Thousand Three Hundred dollars Formatted: Not Highlight ($2,300.00) per month (plus the percentage increase specified in the next sentence Formatted: Not Highlight for subsequent years) (the “Base Rent”). The Base Rent shall be adjusted, Formatted: Not Highlight effective on the first anniversary of the Commencement Date, and annually thereafter, to an amount equal to Three percent (3%) of the Base Rent in effect Formatted: Not Highlight immediately prior to the adjustment date. B. The first payment of the Base Rent shall be due within thirty (30) days following the Commencement Date and shall be prorated based on the days remaining in the month containing the Commencement Date. Thereafter, Base Rent shall be paid monthly in advance by the fifth day of each month to Landlord at: City of Verona, City Clerk, 111 Lincoln Street, Verona, WI 53593. Landlord will submit to Tenant a complete and accurate IRS form W9 prior to Tenant’s first payment of Rent. Landlord will specify the name, address, and taxpayer identification number of a sole payee (or maximum two joint payees) who will receive Rent on behalf of the Landlord. Rent will be prorated for any partial month. Any change to the payee must be requested in accordance with the Notice provision herein, and a new IRS form W9 must be supplied prior to payment by Tenant to the new payee. C. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. D. For each additional antenna and/or coaxial cable installed by Tenant beyond the initial array of antennas and coaxial cables described in Exhibit C, Tenant shall pay an additional rent to be mutually agreed on, which shall become part of the Base Rent. E. Tenant shall reimburse the Landlord up to Seven Thousand Five Hundred Dollars ($7,500.00), for all reasonable costs and fees incurred by the Landlord for attorneys, engineers, and consultants to review this Lease and any other plans or documents associated with Tenant’s proposed use or use of the Premises and Tower. The Landlord shall provide an itemized invoice(s) to the Tenant for such 3 Tenant Site Name: NE Verona Date: 8-1-19  costs and fees as they are incurred. Tenant shall remit payment of such fees to the Landlord within sixty (60) days of receipt of an itemized invoice(s). F. Tenant may not add additional equipment, antennas and/or coaxial cables from that shown on Exhibit C without the approval of Landlord. Tenant may affect equipment changes detailed in Section 7 of this Lease. G. The Base Rent, any additional rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. Use of Premises. A. Tenant may use the Premises for the installation, operation, and maintenance of its Antenna Facilities for the transmission, reception and operation of a communications system and uses incidental thereto, and for the storage of related equipment in accordance with the terms of this Lease. This use shall be non- exclusive. B. Tenant may erect and operate six (6) antennas and three (3) hybrid cables. Tenant may add additional antennas or coaxial/ cabling lines only with Landlord’s consent and only after Landlord has obtained, at Tenant’s expense, a certified evaluation from a qualified engineer indicating that each additional antenna or coaxial cable will not interfere with existing antennas or proposed antennas, and the Tower can structurally support the additional antenna and coaxial cables. C. Tenant shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, and maintenance of the Premises, including, but not limited to, the construction and installation of the Antenna Facilities and the use, operation, and maintenance of the Antenna Facilities. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant’s expense, any federal licenses and permits required for, or substantially required by, Tenant’s use of the Premises. D. Tenant shall remove the Antenna Facilities (including improvements, concrete poles, foundation and below-grade improvements), except the shelter, from the Premises within sixty (60) days after termination or expiration of the Lease. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Landlord or any of Landlord’s assignees or lessees. Tenant shall obtain a performance bond within thirty (30) days after the Commencement Date in the amount of Ten Thousand Dollars ($10,000.00) naming Landlord as Obligee to ensure that Tenant’s equipment will 4 Tenant Site Name: NE Verona Date: 8-1-19  be removed and the Premises restored to its original condition (normal wear and tear excepted) upon termination or expiration of this Lease. Upon removal of the Antenna Facilities, except the shelter, (or portions thereof), Tenant shall restore the affected area of the Premises, less wear and tear to the reasonable satisfaction of Landlord. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. If Tenant requests permission not to remove all or a portion of the Antenna Facilities, and Landlord consents to such non- removal, title to the affected Antenna Facilities shall thereupon transfer to Landlord and the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove same. 5. Construction Standards. Tenant’s Antenna Facilities shall, at all times, be painted, at Tenant’s expense, the same color as the Tower or other color as the Landlord may specify. 6. Installation of Equipment and Leasehold Improvements. A. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Premises, in accordance with good engineering practices and with all applicable rules and regulations of the Federal Communications Commission (“FCC”), its Antenna Facilities as described on Exhibit C. B. Tenant’s installation of all such Antenna Facilities shall be done according to plans approved by Landlord, with such approval not unreasonably withheld, conditioned or delayed. The cost of Landlord’s review and approval shall be at Tenant’s expense, pursuant to 3.E. Any damage done to the Premises and/or the Tower during installation and/or during operations shall be repaired or replaced within ten (10) days at Tenant’s expense and to Landlord’s sole satisfaction. 7. Equipment Upgrade. Tenant may update or replace the Antenna Facilities from time to time with no rent increase, provided that the replacement facilities are not greater in number or size than the existing facilities and that any change in their location on the Tower is satisfactory to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord’s evaluation and approval. Landlord will respond to Tenant’s proposal within thirty (30) business days after submission. In the event Tenant’s proposed updates or replacements require an engineering review from an outside consultant, the cost of such review shall be at Tenant’s expense. 8. Maintenance. A. Tenant shall, at its own expense, maintain the Antenna Facilities on or attached to the Premises in a safe condition and in good repair so as not to conflict with the use of or other leasing of the Tower by Landlord. Tenant shall not interfere with 5 Tenant Site Name: NE Verona Date: 8-1-19  the use of the Tower, the Premises, related facilities or other equipment of other tenants. B. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. C. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. D. In the event the Landlord undertakes painting, construction or other alterations on the Tower that does not require the Tenant to relocate its Antenna Facilities, Tenant shall take reasonable measures at Tenant’s cost to cover Tenant’s equipment, personal property, Antenna Facilities, and protect them from paint and debris fallout which may occur during the painting, construction or alteration process. E. Landlord represents that it has the right and responsibility to repair and maintain the Tower and surrounding property, including but not limited to, snow removal, subject to the provisions of Section 18 of this agreement. 9. Premises Access. A. Tenant shall have reasonable access to the Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Tower only with the prior approval of Landlord. Tenant shall request access to the Tower twenty-four (24) hours in advance, except in an emergency, when the Landlord shall use reasonable efforts to accommodate Tenant’s request for access to the Premises. In the event Tenant must access the Tower outside normal business hours (8 a.m. to 5 p.m.), Tenant shall contact Landlord at 608-845-6695 to notify Landlord of such request and pay Landlord for the cost of a Landlord employee accompanying Tenant at the normal hourly overtime rate for such employee plus 15% representing benefits with a minimum billing occurrence of two (2) hours. B. Landlord shall be allowed and granted access to the Premises (including the Tower) at all times, to examine and inspect the Premises (including the Tower) for safety reasons or to ensure that the Tenant’s covenants are being met. Landlord will only be allowed access to Tenant’s equipment shelter if accompanied by a representative of the Tenant. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. All utilities shall be buried. 6 Tenant Site Name: NE Verona Date: 8-1-19 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant’s use of the Premises. 12. Compliance with Statutes, Regulations, and Approvals. Tenant’s use of the Premises is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Antenna Facilities in accordance with site standards, Wisconsin statutes, ordinances, rules and regulations now in effect or that thereafter may be issued by the FCC or any other governing bodies. 13. Interference. A. Tenant’s installation, operation, and maintenance of its Antenna Facilities shall not damage or cause any objectionable electrical or physical interference in any way with Landlord’s Tower operations or related repair and maintenance activities or with such activities of a Co-Tenant. For purposes of this Section 13, a “Co-Tenant” is a tenant that executes a lease agreement with Landlord to operate communication facilities upon the Premises and the Tower. In the event that it is determined using standard and accepted engineering testing or principles that Tenant is causing any objectionable electrical or physical interference to the operations of Landlord or a Co-Tenant, then, immediately upon written notification from Landlord or the Co-Tenant of the interference, Tenant shall, at its sole expense, take whatever steps are necessary to correct the interference, including, but not limited to, changing frequency, ceasing transmission, reducing power and/or installing filters or other equipment. If the interference cannot be eliminated within twenty-four (24) hours, Tenant will power down its equipment until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days, Landlord may terminate this Lease. The party experiencing the interference shall be responsible for determining its source, and in the event it is determined that Tenant is causing the interference, Tenant shall reimburse the affected party for the costs of such determination within thirty (30) days of receipt of an invoice. Failure by Tenant to comply with these requirements shall be the basis for termination of the Lease by Landlord. In the event Landlord or a Co-Tenant interferes with Tenant and such interference is not eliminated within thirty (30) days, Tenant may terminate this Lease. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Premises, with the exception of the Tenant’s Antenna Facilities, in connection with Tower operations as may be necessary, including leasing parts of the Tower to others. B. Before approving the placement of Antenna Facilities, Landlord may obtain, at Tenant’s expense, an engineering study indicating whether the Tower is able to structurally support the Tenant’s Antenna Facilities without prejudice to the Landlord’s primary use of the Tower. 7 Tenant Site Name: NE Verona Date: 8-1-19  C. Landlord does not guarantee to Tenant noninterference with Tenant’s communications operations, provided, however, that in the event any other party, except a governmental unit, requests a lease and/or permission to place any type of antenna or transmission facility on the Premises subsequent to the execution of this Lease, the procedures of this Section 13, or a procedure in substantially the same form, shall govern to determine whether such antenna or transmission facility will interfere with Tenant’s transmission operations. Notwithstanding the foregoing, any governmental unit installing communications equipment after the Commencement Date of this Lease shall use reasonable efforts to ensure that it does not interfere with Tenant’s communications operations as permitted by this Lease. D. If Landlord receives a proposal by a party, except a governmental unit, to lease and/or place any type of antenna or transmission facility on the Premises, Landlord shall submit the proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information claimed to be of a proprietary nature by the third party. The third party shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have thirty (30) days following receipt of the proposal to make any objections thereto, and failure to make any objection within the thirty (30) day period shall be deemed consent by Tenant to the installation of antennas or transmission facilities pursuant to the proposal. E. Landlord will include a provision in substantially the same form as this Section 13 in each subsequent lease or agreement with a subsequent tenant for attachment of equipment to the Tower. 14. Default and Landlord’s Remedies. It shall be a default if Tenant defaults in the payment or provision of Rent or any other sums to Landlord when due, and does not cure such default within ten days after receipt of written notice from Landlord; or if Tenant defaults in the performance of any other covenant or condition of this Lease and does not pursue a cure with due diligence and cure such other default within ninety (90) days after written notice from Landlord specifying the default complained of; or if Tenant abandons or vacates the Premises; or if Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent or Landlord reasonably believes Tenant to be insolvent. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand or notice, to enter the Premises and eject all persons therefrom, and either (1) declare this Lease at an end, in which event Tenant shall immediately remove the Antenna Facilities (and proceed as set forth in Section 4.D.) and pay Landlord a sum of 8 Tenant Site Name: NE Verona Date: 8-1-19  money equal to the total of (i) the amount of the unpaid rent accrued through the date of termination; and (ii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, but such amount in (ii) shall not exceed two months’ rent. No entry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part to terminate this Lease regardless of the extent of renovations and alterations by Landlord unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If suit shall be brought by Landlord for recovery of possession of the Premises, for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, Tenant shall pay to the Landlord all expenses incurred therefor, including reasonable attorney fees as awarded by a court. If Landlord fails to comply with any provision of this Lease, Tenant shall serve written notice of such failure upon Landlord, whereupon a grace period of ninety (90) days shall commence to run during which Landlord shall undertake and diligently pursue a cure of such failure at its sole cost and expense. Such grace period shall automatically be extended for an additional ninety (90) days, provided Landlord makes a good faith showing that efforts toward a cure are continuing. If Landlord is not able to cure any default within the timeframe listed above, Tenant may terminate this Lease in addition to any other right or remedy at law or in equity. 15. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may at any time, after notice, cure the default for the account of and at the expense of Tenant. 16. Optional Termination. A. This Lease may be terminated: (1) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant’s business (except that Tenant shall still be obligated to pay to Landlord all expenses incurred by Landlord in the preparation and review of this Lease and of all engineering and project plans); (2) by Landlord, on eighteen (18) months written notice, if the Landlord decides, in its sole discretion, to redevelop the Premises and/or discontinue use of the Tower; (3) by Landlord, immediately, if it determines, in its sole discretion and for any reason, that the Tower is structurally unsound or otherwise not 9 Tenant Site Name: NE Verona Date: 8-1-19  suitable for Tenant’s use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Tower from any source, or factors relating to condition of the Tower; (4) by Landlord, immediately, if continued use of the Tower by Tenant is in fact a threat to health, safety or welfare or violates applicable laws or ordinances; (5) by Landlord, immediately, at its sole discretion if Tenant loses its license to provide PCS/cellular service for any reason, including, but not limited to, nonrenewal, expiration, or cancellation of its license; (6) by Landlord, immediately, if Tenant's use of the Premises becomes illegal under any federal, state or local law or regulation; or (7) By Tenant, on six months written notice to Landlord, if Tenant determines that the Premises, the Tower or the Antenna Facilities are inappropriate or unnecessary for Tenant’s operations for economic or technological reasons. B. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Premises as specified in Section 4.D. of this Lease. 17. Liquidated Damages: Termination. Notice of termination under Section 16.A. shall be given pursuant to Section 26, and shall be effective upon receipt of such notice by the non-terminating party. All rent paid for the Lease of the Premises prior to the termination date shall be retained by Landlord. Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 18. Alteration, Damage or Destruction. If the Tower or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days’ written notice to Landlord. During the period of time the Tenant’s effective use of the Antenna Facilities are materially hindered, the Tenant will be allowed to operate a temporary cellular site upon the Premises for up to the remainder of the current lease term. In such event of Tenant terminating the Lease pursuant to this Section, Tenant shall promptly remove the Antenna Facilities from the Premises and shall restore the Premises to the reasonable satisfaction of Landlord. This Lease (and Tenant’s obligation to pay rent) shall terminate upon Tenant’s fulfillment of the obligations set forth in the preceding sentence including the removal of any temporary cellular site upon the Premises, at which termination Tenant shall be entitled to the reimbursement of any 10 Tenant Site Name: NE Verona Date: 8-1-19  rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Premises or the Tower. 19. Condemnation. If the Premises or the Tower are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. If a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer, by giving thirty (30) days’ written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant waives any right or claim to any portion thereof. All damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Landlord. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant’s business and any costs or expenses incurred by Tenant in moving or removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 20. Indemnity and Insurance. A. Indemnification. Landlord shall indemnify Tenant and hold Tenant and all associated, affiliated, allied and subsidiary entities of Tenant, now existing or hereafter created, and their respective officers, boards, employees, agents, and attorneys, (“Tenant Indemnitees”) harmless from any and all costs (including reasonable attorney fees) and claims of liability or loss which arise out of the use, maintenance, and/or occupancy of the Premises by Landlord, except to the extent caused by the negligence or intentional misconduct of Tenant or any Tenant Indemnitees or a third party. Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents, and attorneys (collectively referred to as “Landlord Indemnitees”), except to the extent caused by the negligence or intentional misconduct of Landlord or any Landlord Indemnitees or a third party from and against: (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Landlord Indemnitees by reason of any act or omission of Tenant (or its personnel, employees, agents, contractors or subcontractors), except to the extent caused by the negligence or intentional misconduct of the Landlord Indemnitees, resulting or allegedly resulting in personal injury, bodily injury, or death to any person or damage to, loss of, or destruction of tangible or intangible property, which may arise out of the occupancy, 11 Tenant Site Name: NE Verona Date: 8-1-19  construction, installation, operation, maintenance, use or condition of the Premises or the Antenna Facilities, or Tenant’s failure to comply with this Lease or any federal, state or local statute, ordinance or regulation. (2) Any and all liability, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Landlord Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises or the Antenna Facilities. (3) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Landlord Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violations of the common law or any laws, statutes, or regulations of the State of Wisconsin or the United States, including those of the FCC, whether by Tenant or otherwise. Upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord’s property to be discharged or bonded within thirty days following such request. B. Defense of Landlord or Tenant Indemnitees (“Indemnitees”). In the event any action or proceeding shall be brought against either the Landlord or Tenant Indemnitees by reason of any matter for which the Indemnitees are indemnified, the indemnifying party shall, upon notice from any of the Indemnitees, at the indemnifying party’s sole cost and expense, resist and defend the action or proceeding with legal counsel selected by the indemnifying party; provided however, that the indemnifying party shall not admit liability in any such matter on behalf of the Indemnitees without the written consent of the Indemnitees and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified, without the prior written consent of the indemnifying party. C. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: (1) Worker’s compensation insurance meeting applicable statutory requirements and employer’s liability insurance with limits of $100,000 for each accident/disease/policy limit. 12 Tenant Site Name: NE Verona Date: 8-1-19  (2) Commercial general liability insurance with limits of $1,000,000 per occurrence of bodily injury and property damage and $2,000,000 general aggregate including blanket contractual liability insurance for all written contracts, products and completed operations liability, independent contractor’s liability; personal and advertising injury; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. (3) Commercial automobile liability insurance covering all owned, hired, and non-owned vehicles in an amount of $300,000 combined single limit each accident for bodily injury and property damage. (4) At the start of and during the period of any construction, builders all-risk or equivalent property insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Antenna Facilities. Upon completion of the installation of the Antenna Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antenna Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. (5) Business interruption insurance coverage in an amount sufficient to cover such loss of revenues, for a period of twelve (12) months to repair or replace the part of the Antenna Facilities which is damaged and caused the loss of revenue. (6) All policies other than those for Worker’s Compensation shall be written on an occurrence and not on a claims made basis. D. Additonal Insureds. All policies, except for business interruption and worker’s compensation policies, shall include Landlord and all associated, affiliated, allied and subsidiary entities of Landlord and their respective officers, boards, commissions and employees as additional insureds, as their respective interests may appear as additional insureds under this Agreement (herein referred to as the “Additional Insureds”). E. Evidence of Insurance. Certificates of insurance for each insurance policy required to be obtained by Tenant in compliance with this section shall be filed and maintained with Landlord annually and if an insurance carrier changes during the term of the Lease. Tenant shall, as soon as practicable, advise Landlord of any claim, action or proceeding that may result in liability to Landlord. 13 Tenant Site Name: NE Verona Date: 8-1-19  F. Insurance Companies. All insurance shall be affected under valid and enforceable policies, issued by insurers licensed, authorized or permitted to do business by the State of Wisconsin or surplus line carriers on the State of Wisconsin Insurance Commissioner’s approved list of companies qualified to do business in the State of Wisconsin. All insurance carriers and surplus line carriers shall be rated A- or better by A.M. Best Company. G. Contractors. Tenant shall require that each of its contractors and their subcontractors who perform work on the Premises carry, in full force and effect, substantially the same coverage with substantially the same limits as required of Tenant. H. Landlord shall maintain general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/100 Dollars ($1,000,000) as well as all risk property insurance covering all Landlord fixtures, improvements, and personal property at full replacement value with commercially reasonable deductibles. In addition, to the extent required by law, Landlord shall maintain worker’s compensation in statutory amounts and employer’s liability insurance with combined single limits of One Million and No/100 Dollars ($1,000,000). Certificates of insurance for each insurance policy required to be obtained by Landlord in compliance with this section, shall be filed and maintained with Tenant annually and if insurance carrier changes during the term of the Lease. Landlord shall immediately advise Tenant of any claim, action or proceeding that may result in liability to Tenant. 21. Hazardous Materials Indemnification. “Hazardous Materials” shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Landlord hereby represents and warrants to Tenant that Landlord has never generated, stored, handled, or disposed of any Hazardous Materials upon the Premises, and that Landlord has no knowledge of such uses historically having been made of the Premises or such substances historically having been introduced thereupon. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Site by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Materials are necessary or useful to Tenant’s permitted use of the Site and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Materials so 14 Tenant Site Name: NE Verona Date: 8-1-19  brought upon or used or kept in or about the Site. Notwithstanding the foregoing, Landlord acknowledges that Tenant may be using and maintaining on the Premises sealed batteries, backup generator fuel, electronics, cables, common cleaning supplies, and an FM200 fire suppression system, and that the use and maintenance of such items in accordance with applicable law shall not constitute a violation or breach of this section. If Tenant breaches any of its obligations contained herein, or if Tenant causes the presence of any Hazardous Materials on the Site first occurring after the date of this Lease, which results in contamination of any portion of the Site, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, any sums paid in settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) which arise during or after the term hereof as a result of such contamination. If Landlord breaches any of its obligations contained herein then Landlord shall indemnify, defend and hold Tenant harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, any sums paid in settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) which arise during or after the term hereof as a result of such contamination. Notwithstanding the foregoing, in no event shall Tenant have any obligation to indemnify Landlord hereunder for any claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, any sums paid in settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) for any contamination by Hazardous Materials caused by or resulting from Landlord, its agents, employees, contractors or invitees or for Hazardous Materials present or located at or on or upon the Premises (or any part thereof) as of the date of this Lease. 22. Holding Over. Any holding over after the expiration of the term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month to month at one hundred and fifty (150%) percent the rents herein specified (prorated on a monthly basis) and shall otherwise be for the term and on the conditions herein specified, so far as applicable. 23. Subordination to Mortgage. Any mortgage now or subsequently placed upon any property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage so long as mortgagee agrees to recognize all of the rights of Tenant hereunder and not to disturb or interfere with Tenant’s possession, use or enjoyment of the Premises provided that Tenant is not in default hereunder beyond any applicable cure period. Tenant shall, at Landlord’s request, execute any additional documents necessary to indicate this subordination. 24. Acceptance of Premises. By taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises and Landlord shall not be liable for any latent or patent defect in the Premises. 15 Tenant Site Name: NE Verona Date: 8-1-19 25. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identifying the modifications); (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 26. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to Landlord, to: City Clerk City of Verona 111 Lincoln Street Verona, WI 53593 With a copy to: Director of Public Works City of Verona 410 Investment Court Verona, WI 53593 If to Tenant, to: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 27. Assignment. A. Tenant may freely assign this Agreement in connection with the transfer of Tenant’s FCC authorization to operate a commercial mobile radio base station on the Premises or to any subsidiary, parent, or affiliate or an entity resulting from the merger, consolidation, or sale of all or substantially all of Tenant’s stock or assets. For any other assignment, Tenant shall obtain Landlord’s prior written consent, which consent shall not be unreasonably delayed, conditioned, or withheld. Upon assignment by Tenant and assumption of such assignment by assignee, Tenant shall be fully relieved of its obligations hereunder. B. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity which may be in competition with Tenant, or any other party provided that the Landlord satisfies the provisions in Section 13.D. of this Lease. 16 Tenant Site Name: NE Verona Date: 8-1-19 28. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 29. Non-Waiver. Failure of Landlord or Tenant to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of their rights hereunder shall not waive such rights, but either party shall have the right to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 30. Taxes. A. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises directly attributable to Tenant’s equipment or improvements, if any, which become due and payable during the term of this Lease. All such payments shall be made, and evidence of all such payments shall be provided to Landlord, at least ten days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. B. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on the Premises. C. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 31. Miscellaneous. A. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. B. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the United States and the State of Wisconsin. 17 Tenant Site Name: NE Verona Date: 8-1-19  D. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. E. Tenant shall not be permitted to advertise on the Premises or the Tower. F. Any heating, ventilation, or air conditioning equipment belonging to or operated on the Premises by Tenant shall comply with the City of Verona Noise Ordinance. G. Landlord may record this Lease or a memorandum describing this Lease with the Dane County Register of Deeds Office. 18 Tenant Site Name: NE Verona Date: 8-1-19 This Lease was executed as of the date first set forth above. LANDLORD: CITY OF VERONA By Date Luke Diaz, Mayor By Date Ellen Clark, City Clerk TENANT: __________________________________________ Cellco Partnership d/b/a Verizon Wireless By Date Print Name Print Title Attachments: Exhibit A – Legal Description of Premises and Access Easement Exhibit B – Site Plan Exhibit C – Diagram of Placement of Antenna Facilities on Tower; Description of Antenna Facilities 19 Tenant Site Name: NE Verona Date: 8-1-19  EXHIBIT A LEGAL DESCRIPTION OF PREMISES AND ACCESS EASEMENT PREMISES A part of Outlot Three (3) of Kettle Creek Plat and being located in the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section Nine (9), Township Six (6) North, Range Eight (8) East, City of Verona, Dane County, Wisconsin containing 600 square feet (0.014 acres) of land and being described by: Commencing at the Southwest corner of Section 10, Township 6 North, Range 8 East; thence S88°-55’-14”E (recorded as S89°-18’-53”E) 351.83 feet along the South line of the SW1/4 of said Section 10; thence N01°-04’-46”E 1316.37 feet to the Northeast corner of Lot 59 of said Kettle Creek Plat and a point on the East line of Lot 1, Certified Survey Map No. 11107, being recorded in Volume 67, Page 10-14 as Document No. 3931893, Dane County Registry; thence N22°-39’-31”W (recorded as N23°-03’-10”W) 527.96 feet along the East line of Lot 1 of said CSM No. 11107 to the Northeast corner thereof; thence N88°-38’-45”W (recorded as N89°-02’- 24”W) 476.52 feet along the North line of Lot 1 of said CSM No. 11107 to the Northwest corner thereof; thence S00°-25’-59”W (recorded as S00°-02’-20”W) along the West line of Lot 1 of said CSM No. 11107; thence N89°-34’-01”W 125.54 feet to the point of beginning; thence S17°- 07’-33”E 20.00 feet; thence S72°-52’-27”W 30.00 feet; thence N17°-07’-33”W 20.00 feet; thence N72°-52’-27”E 30.00 feet to the point of beginning, being subject to any and all easements and restrictions of record. LESSEE LEASE PARCEL A part of Outlot Three (3) of Kettle Creek Plat as recorded in Volume 57-152B of Plats on Page 623 as Document No. 3234529, being located in the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section Nine (9), Township Six (6) North, Range Eight (8) East, City of Verona, Dane County, Wisconsin containing 828 square feet (0.019 acres) of land and being described by: Commencing at the Southwest corner of Section 10, Township 6 North, Range 8 East; thence S88°-55’-14”E (recorded as S89°-18’-53”E) 351.83 feet along the South line of the SW1/4 of said Section 10; thence N01°-04’-46”E 1316.37 feet to the Northeast corner of Lot 59 of said Kettle Creek Plat and a point on the East line of Lot 1, Certified Survey Map No. 11107, being recorded in Volume 67, Page 10-14 as Document No. 3931893, Dane County Registry; thence N22°-39’-31”W (recorded as N23°-03’-10”W) 527.96 feet along the East line of Lot 1 of said CSM No. 11107 to the Northeast corner thereof; thence N88°-38’-45”W (recorded as N89°-02’- 24”W) 476.52 feet along the North line of Lot 1 of said CSM No. 11107 to the Northwest corner thereof; thence S00°-25’-59”W (recorded as S00°-02’-20”W) 170.44 feet along the West line of Lot 1 of said CSM No. 11107; thence N89°-34’-01”W 116.46 feet to the point of beginning; thence S40°-38’-27”W 23.00 feet; thence N49°-21’-33”W 36.00 feet; thence N40°-38’-27”E 20 Tenant Site Name: NE Verona Date: 8-1-19 23.00 feet; thence S49°-21’-33”E 36.00 feet to the point of beginning, being subject to any and all easements and restrictions of record. LESSEE 20’ WIDE UTILITY & INGRESS/EGRESS EASEMENT A part of Outlot Three (3) of Kettle Creek Plat as recorded in Volume 57-152B of Plats on Page 623 as Document No. 3234529, and also a part of Outlot One (1) of Kettle Creek North as recorded in Volume 60-072B of Plats on Pages 386-391 as Document No. 5318117, being located in the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section Nine (9), Township Six (6) North, Range Eight (8) East, City of Verona, Dane County, Wisconsin containing 6,459 square feet (0.148 acres) of land and being Ten (10) feet each side of and parallel with the following described line: Commencing at the Southwest corner of Section 10, Township 6 North, Range 8 East; thence S88°-55’- 14”E (recorded as S89°-18’-53”E) 351.83 feet along the South line of the SW1/4 of said Section 10; thence N01°-04’-46”E 1316.37 feet to the Northeast corner of Lot 59 of said Kettle Creek Plat and a point on the East line of Lot 1, Certified Survey Map No. 11107, being recorded in Volume 67, Page 10-14 as Document No. 3931893, Dane County Registry; thence N22°-39’-31”W (recorded as N23°-03’-10”W) 527.96 feet along the East line of Lot 1 of said CSM No. 11107 to the Northeast corner thereof; thence N88°-38’-45”W (recorded as N89°-02’-24”W) 476.52 feet along the North line of Lot 1 of said CSM No. 11107 to the Northwest corner thereof; thence S00°-25’-59”W (recorded as S00°-02’-20”W) 170.44 feet along the West line of Lot 1 of said CSM No. 11107; thence N89°-34’-01”W 116.46 feet; thence N40°- 38’-27”E 10.00 feet to the point of beginning; thence N49°-21’-33”W 64.94 feet; thence S78°-41’-30”W 258.02 feet to a point on the east line of Tamarack Way and the point of termination. The side lot lines of said easement are to be shortened or lengthened to terminate on said east line of Tamarack Way. LESSEE 10’ WIDE UTILITY EASEMENT A part of Outlot Three (3) of Kettle Creek Plat as recorded in Volume 57-152B of Plats on Page 623 as Document No. 3234529, being located in the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section Nine (9), Township Six (6) North, Range Eight (8) East, City of Verona, Dane County, Wisconsin containing 995 square feet (0.023 acres) of land and being Five (5) feet each side of and parallel with the following described line: Commencing at the Southwest corner of Section 10, Township 6 North, Range 8 East; thence S88°-55’- 14”E (recorded as S89°-18’-53”E) 351.83 feet along the South line of the SW1/4 of said Section 10; thence N01°-04’-46”E 1316.37 feet to the Northeast corner of Lot 59 of said Kettle Creek Plat and a point on the East line of Lot 1, Certified Survey Map No. 11107, being recorded in Volume 67, Page 10-14 as Document No. 3931893, Dane County Registry; thence N22°-39’-31”W (recorded as N23°-03’-10”W) 527.96 feet along the East line of Lot 1 of said CSM No. 11107 to the Northeast corner thereof; thence N88°-38’-45”W (recorded as N89°-02’-24”W) 476.52 feet along the North line of Lot 1 of said CSM No. 11107 to the Northwest corner thereof; thence S00°-25’-59”W (recorded as S00°-02’-20”W) 170.44 feet along the West line of Lot 1 of said CSM No. 11107; thence N89°-34’-01”W 116.46 feet; thence S40°- 38’-27”W 23.00 feet; thence S49°-21’-33”E 5.00 feet to the point of beginning; thence N40°-38’-27”E 56.31 feet; thence N00°-25’-59”E 19.18 feet; thence N51°-13’-30”E 24.03 feet to the point of termination. 21 Tenant Site Name: NE Verona Date: 8-1-19  LESSEE TEMPORARY 20’ WIDE UTILITY & INGRESS/EGRESS EASEMENT A part of Outlot Three (3) of Kettle Creek Plat as recorded in Volume 57-152B of Plats on Page 623 as Document No. 3234529, and also a part of Outlot Three (3), Outlot Four (4), Lot Fifty-Five (55), Lot Fifty-Six (56), Lot Fifty-Seven (57), Lot Fifty-Eight (58), Lot Fifty-Nine (59), and Lot Sixty (60) of Kettle Creek North as recorded in Volume 60-072B of Plats on Pages 386-391 as Document No. 5318117, being located in the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section Nine (9) and the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Ten (10), Township Six (6) North, Range Eight (8) East, City of Verona, Dane County, Wisconsin containing 14,886 square feet (0.342 acres) of land and being Ten (10) feet each side of and parallel with the following described line: Commencing at the Southwest corner of Section 10, Township 6 North, Range 8 East; thence S88°-55’- 14”E (recorded as S89°-18’-53”E) 351.83 feet along the South line of the SW1/4 of said Section 10; thence N01°-04’-46”E 1316.37 feet to the Northeast corner of Lot 59 of said Kettle Creek Plat and a point on the East line of Lot 1, Certified Survey Map No. 11107, being recorded in Volume 67, Page 10-14 as Document No. 3931893, Dane County Registry; thence N22°-39’-31”W (recorded as N23°-03’-10”W) 527.96 feet along the East line of Lot 1 of said CSM No. 11107 to the Northeast corner thereof; thence N88°-38’-45”W (recorded as N89°-02’-24”W) 476.52 feet along the North line of Lot 1 of said CSM No. 11107 to the Northwest corner thereof; thence S00°-25’-59”W (recorded as S00°-02’-20”W) 170.44 feet along the West line of Lot 1 of said CSM No. 11107; thence N89°-34’-01”W 116.46 feet; thence S40°- 38’-27”W 23.00 feet; thence S49°-21’-33”E 10.00 feet to the point of beginning; thence N40°-38’-27”E 68.54 feet; thence N00°-25’-59”E 72.20 feet; thence N33°-21’-35”E 67.18 feet; thence N47°-51’-25”E 20.67 feet; thence N00°-00’-00”E 20.01 feet; thence S88°-38’-45”E 495.78 feet to a point on the west line of Hemlock Drive and the point of termination. The side lot lines of said easement are to be shortened or lengthened to terminate on said west line of Hemlock Drive. 22 Tenant Site Name: NE Verona Date: 8-1-19  EXHIBIT B SITE PLAN 23 Tenant Site Name: NE Verona Date: 8-1-19  EXHIBIT C Diagram of Placement of Antenna Facilities on Tower; Description of Antenna Facilities 24 Tenant Site Name: NE Verona Date: 8-1-19  AGREEMENT FOR THE RECONSTRUCTION OF CTH M/NORTH MAIN STREET, FROM CROSS COUNTRY ROAD TO CTH PD, IN THE CITY OF VERONA THIS AGREEMENT (“Agreement”) is made and entered into by and between the County of Dane, a quasi-municipal corporation in the State of Wisconsin (hereinafter referred to as “COUNTY”), and the City of Verona; a municipal corporation in the State of Wisconsin (hereinafter referred to as “CITY”) WITNESSETH: WHEREAS CITY and COUNTY have determined that CTH M/North Main Street from Cross Country Road to CTH PD, requires reconstruction which will require contributions from CITY and COUNTY; and WHEREAS the costs of the Project (ID 5992-09-82 as identified on the attached Exhibit A) will be financed by a combination of Federal Funds administered by the State of Wisconsin, COUNTY and CITY funds; and WHEREAS funding is to be accomplished in accordance with COUNTY policies and past practices of cost sharing on similar CTH projects; and WHEREAS, CITY and COUNTY have, under a separate agreement, agreed to the jurisdictional transfer of a portion of said section; and WHEREAS, COUNTY and CITY have entered into a cost sharing agreement with the City of Madison; however, due to a Wisconsin Department of Transportation billing issue for ID 5992-09-82, the City of Madison is not being billed for the portion of roadway that lies within the CITY; and WHEREAS, COUNTY and CITY, under separate agreements, will need to amend their current individual agreements with the City of Madison; and WHEREAS, pursuant to Section 66.0301, Wis. Stats., CITY and COUNTY wish to formalize arrangements for the Project's cost; NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is acknowledged by each party for itself, CITY and COUNTY do agree as follows: 1. The Project shall consist of construction of a divided four lane urban roadway, with urban amenities from Cross County Road to CTH PD (“the Project"). 2. COUNTY and CITY agree to joint financial participation in those construction costs for the Project, as set forth in this Agreement and the Dane County Dept. of Public Works, Highway and Transportation’s Policy on Joint Projects with Municipalities adopted May 3, 1999 3. The Project is intended to be substantially completed by November of 2019. Page 1 of 5 4. The construction cost for the Project shall consist of both the construction items required to complete the Project and the construction oversight for the Project. The Parties shall share in the construction cost as detailed in the attached Exhibit B. COUNTY’s total obligation under this Agreement shall not exceed $2,000,000.00. CITY’s total obligation shall not exceed $2,200,000.00.B 5. The COUNTY will reimburse CITY, within 60 days of billing, for completed services according to the responsibilities stated above. 6. During the term of this Agreement, CITY and COUNTY, each for itself, agree to abide by its own equal employment and nondiscrimination policies and affirmative action plan. Each party shall be responsible for the consequences of its own acts, errors, or omissions and those of its employees, boards, commissions, agencies, officers, and representatives and shall be responsible for any losses, claims, and liabilities which are attributable to such acts, errors, or omissions including providing its own defense. In situations including joint liability, each party shall be responsible for the consequences of its own acts, errors, or omissions and those of its employees, agents, boards, commissions, agencies, officers and representatives. It is not the intent of the parties to impose liability beyond that imposed by state statutes. The obligations of the parties under this paragraph shall survive the expiration or termination of this Agreement. 7. This Agreement may only be amended in writing upon agreement by both parties. Any changes in Project costs shall be done by amendment. 8. Each party warrants for itself that it has complied with all necessary requirements to execute this Agreement and that the person executing this Agreement on its behalf is authorized to do so. 9. The parties may evidence their agreement to the foregoing upon one or several counterparts of this instrument, which together shall constitute a single instrument. Page 2 of 5 This Agreement is entered into on this ______ day of ___________________, 2019. FOR THE COUNTY: Date Signed: _______________ _____________________________________ Joe Parisi, Dane County Executive Date Signed: _______________ _____________________________________ Scott McDonell, Dane County Clerk FOR THE CITY OF VERONA: Date Signed: _______________ _____________________________________ Luke Diaz, Mayor Date Signed: _______________ _____________________________________ Ellen Clark, Clerk Page 3 of 5  EXHIBIT A Project Plan Overview Page 4 of 5 5992-09-82 limits  EXHIIBT B Cost Sharing Schedule Page 5 of 5  EXHIBIT B CONSTRUCTION COST SHARING SCHEDULE TOTAL COST INCL INSPECTION FEDERAL DANE CO CMADISON CVERONA MMSD GROUP/ID DESCRIPTION & CONTINGENCY SHARE ASSESSMENT SHARE SHARE SHARE SHARE 5992-09-82 N Main St Construction 6,941,598.33 2,781,128.45 - 1,986,944.39 - 2,173,525.48 5992-09-83 CTH PD Intersection Construction 18,653,014.09 7,111,896.69 310,462.08 5,002,035.28 2,684,270.57 3,352,825.97 191,523.50 5992-09-85 S Pleasant View Rd Construction 22,992,026.57 8,140,453.26 - 7,073,945.29 7,777,628.02 - 5992-09-88 MMSD Utilities 1,915,655.90 1,915,655.90 RFI REQUESTS 40,000.00 10,697.89 23,953.18 5,348.93 CONTRACT MODS 236,484.50 103,256.40 88,038.27 45,189.83 2017-18 OVER-RUNS 379,801.66 128,945.33 173,377.08 66,568.33 10,910.92 ESTIMATE 2019 OVERRUNS 189,900.83 64,472.66 86,688.54 33,284.17 5,455.46 TOTAL 51,348,481.88 18,033,478.40 310,462.08 14,370,297.24* 10,833,955.66 5,676,742.71 2,123,545.78 * $ 1,986,944.39 Payable to City of Verona * $ 12,383,352.85 Payable to City of Madison