Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE MONDAY, OCTOBER 28, 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 September 30, 2019 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and action regarding Developers Agreement with Liberty Business Park for Liberty Drive Extension. 5. Discussion and action regarding The Woods at Cathedral Point subdivision. 6. Discussion regarding on-going public works and utility projects. 7. 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, SEPTEMBER 30, 2019 1. The meeting was called to order by Mr. Kemp at 5:20pm. 2. Roll Call: Present: Chad Kemp, Sarah Gaskell. Evan Touchett arrived at 5:40pm. Also present: Theran Jacobson, Public Works Director; Katherine Holt, Community Development Specialist; Carla Fischer, City Engineer / AECOM; Brian Munson, Vandewalle and Associates; Chris Elhers, Veridian Homes; Dan Day, D’Onofrio Kottke and Associates; Mike Wagner, Brown and Caldwell; Jim Ferolie, Verona Press. 3. MOVED by Gaskell, seconded by Kemp, to approve the minutes of the September 9, 2019 meeting of the Public Works/ Sewer and Water Committee. Motion carried 2-0. 4. MOVED by Kemp, seconded by Gaskell, to recommend approval of the agreement with Dane County for construction of CTH PD between Woods Road and CTH M. Motion carried 2-0. Jacobson gave a brief overview that the agreement with Dane County is to reduce the cost for expansion of CTH PD. This agreement between City of Verona and Dane County is for cost sharing of the design and construction elements for the expansion of CTH PD between Woods Road and CTH M. The City of Verona is the lead agency for the project and will administer the project. The cost split is based upon specific construction elements such as asphaltic pavement, lighting, landscaping, pavement markings, etc. The cost for City of Verona is estimated to be $1,324,000 and Dane County is $881,000. City attorney has reviewed the agreement and has no concerns. Jacobson noted certain elements of the agreement are 50-50 and other elements are different cost shares depending on the element. Overall, Dane County is a good partner. This agreement is the similar to the CTH M project. November 2020 is the target for completion. 5. MOVED by Kemp, seconded by Gaskell, for amendment number 2 for intergovernmental agreement for final design of CTH M from Prairie Hill Road to Cross Country Road. Motion carried 2-0. Jacobson explained the amendments for the two items. This is an agreement to clean up the language to match what was completed. Amendment No. 2 of the IGA is for the costs of two of the additional design services required to complete the CTH M reconstruction project included in Amendment No. 1 that was approved on September 25, 2017. Amendment No. 1 identified the tasks but the costs were not included. The design cost is split between Dane County Highway, City of Madison, and City of Verona. The additional cost for the City of Verona is $53,035 for a total of $420,000. Costs included in Amendment No. 2 are as follows: • Value engineering (VE) analysis • Westbound underpass design Gaskell asked how to travel westbound for the underpass. Jacobson stated that someone traveling westbound would have to exit CTH PD (like a freeway) east of CTH M to go westbound after the intersection of CTH M. If the exit is missed vehicles cannot continue westbound on CTH PD at the intersection of CTH M. 6. MOVED by Gaskell, seconded by Kemp, for amendment number 1 for project 2016 – 118.2, Wastewater Master Plan Phase II. Motion carried 2-0. Amendment No.1 for the wastewater master plan was to perform additional tasks not included in the original contract. The additional work is to properly incorporate the east basin and to evaluate a relief alternative for the Eastview Heights and Military Ridge sewershed. Ultimately these two tasks decreased future pipe sizes of the eastside interceptor and other areas throughout the system, saving money during future design and construction phases. The original contract was $95,961 and the cost for Amendment No. 2 is $9,250. Jacobson explained the amendment and showed the locations on a map. Instead of upsizing existing infrastructure, the City could add a relief sewer on Old CTH PB. This is a bypass sewer known as a relief. This means spending more money up front on engineering, but saving money in the long run on construction. 7. Discussion regarding Project 2018-114, Lincoln Street storm water facility. Jacobson introduced Mike Wagner from Brown and Caldwell who is the lead for designing the Lincoln Street stormwater facility. This is a water quality project for the Downtown area watershed. The City was able to get the Lincoln Street stream classified as an intermittent stream, which will help with a full diversion of the stream to maximize volume of stormwater runoff that could be treated. Wagner showed a map and site plan of the area. He did hydrologic and hydraulic analysis for water surface elevations. Their recommendation is to create a diversion berm from the open channel to divert water into the facility for water quality treatment. The high flow events would bypass the berm releasing it downstream to ensure that flooding would not happen up stream of the diversion. At the diversion the water surface elevation is anticipated to increase but on City property with no adverse impacts. Gaskell asked if the berms are walkable? Is the City thinking about having a classroom lab in this location similar to Whalen Road pond as is it more accessible for schools? Jacobson stated this berm is not walkable at the diversion berm area, but others in the City are walkable. The City can add information signs to the Lincoln Street pond similar to Whalen Pond. Gaskell asked if the pond will be wet all the time as this will be a concern for Hometown Days and infestation of mosquitoes. Jacobson stated that the water in the pond will stay there and not be aerated. The area used for Hometown Days will not change. Wagner stated that the flow from the channel will have a constant flow rate as well as wind to ward off mosquitos. There is always a perception that the mosquitos will come from the pond, but it won’t be the case. As part of this project, the City will have to do thermal mitigation to not affect the trout populations, which could be included in the informational signs as well as mosquitos. Wagner showed the tables that contained the number of factors evaluated for the size of the pond for population removal. Total suspended solids and Total phosphorus (TP) were used for the evaluation. TP has no chemical treatment associated with this pond. 5:40 pm Touchett arrives  Sustainability plan would include phosphorus options and improvements. Jacobson noted this is programmed for 2021 construction 8. Discussion regarding the Woods at Cathedral Point subdivision. Jacobson reviewed the location of the property. After presenting at the Plan Commission on September 3, 2019 input was requested from the PWC on the following concerns: • Side yard setbacks • Kettle drainage • Private / Public Alleys • Ice Age trail coordination Ice Age trail coordination: Chris Ehlers from Veridian stated that Ice Age Trail coordination is underway. An agreement was made regarding prairie burns and making sure no structures will be placed in the backyard. A berm will be placed on Veridian property between the trail. Sod on the berm with a natural break from the prairie. Touchett asked if water will go away from the trail to drain towards the roads. Ehlers confirmed that the water will go to the front yard, but does it naturally today. Parkland dedication to the Ice Age Trail is being proposed. Nothing new will be drained into the existing kettle. Gaskell asked if the trail head would become bigger to allow for more parking. There is a concern that people would park their cars interior to the neighborhood to get to the trail. Dan Day from D’Onofrio Kottke and Associates stated that the trail’s frontage along CTH M will double. There should be more foot traffic from the west for the trail. Kettle drainage: Day stated that the existing flow out of the kettle will use storm sewer pipes under CTH M by Range Trail. There would be no additional water in the kettle as the pipes carry out the over flow from the pond. The water from the multifamily areas would be routed to the west. There is a low point at some location on Range Trail. The existing Cathedral Point pond has a routing point from this property to Cathedral Point pond. Gaskell stated that a stormwater facility should be a facility and not parkland per Plan Commission comments. What is the open space to the east of the stormwater management pond? Day stated that the design allows for preservation of the existing tree lined area by the stormwater management pond and are in discussions with the Parks Committee to have a portion of it count towards parkland. Private/public alleys: Gaskell stated that private alleys will not occur. Day stated that they are open to either options; private or public. The alleys will be built to public standards even if it is private. 26-feet of right-of-way is proposed. This is intentionally done to keep it from looking as though people can park on-street. The pavement sectionhas a ribbon curb. Traffic is two-way. Jacobson stated that City staff prefers the private alleys. The City would need different equipment to assist with snow removal if the alleys are public. Jacobson noted that the perception of private roads from Prairie Way Blvd and North Edge Trail cannot be used as comparison as those roads are private that connect to public roads and have connectivity to other properties and destinations in the City. Alleys are destinations for individual properties and provide no connectivity for the City transportation system. Brian Munson from Vandewall stated the alleys will be for two-way traffic as the turning movements are needed for the turns similar to a parking lot. The alleyways as two-way traffic will re-enforce that it is a low speed area and will slow people down. Gaskell stated that a private alley would have homeowner association (HOA) snow removal by using a private company. Would they have their own garbage service? Snow removal for an HOA is typically a terrible idea. Jacobson noted Waste Management loads everyone on one side. We would need different equipment to work down the alley. Day pointed out that the streets are designed as straight through roads instead of the original design of roads with curved ends. Ehlers stated that Veridian has a requirement for the HOA to hire a private company to manage the funds that was originally established by them to ensure that there isn’t any mismanagement of funds. To date, all of their subdivisions have had enough money to service the private roads and other areas the HOA owns. Public alleys are shown on the plat right now. Gaskell asked what equipment is needed if it is public? What is the cost of that equipment? Who is getting the complaint? Jacobson agreed to look into the cost of the equipment needed to service the alleys. Touchett stated that if the City has any private roads, the snow removal should include driveway clearing. Side yard setbacks: Day explained that five-foot side yard setbacks have been done with Veridian properties since the 1990s. This is edge of house to edge of house. From a drainage perspective, four to five lots coming together at one point is a drainage problem. A large block was shown for this subdivision that shows the drainage for these properties, which flows throughout the site instead of going to one spot similar to other areas in the City. Inlets are proposed in certain location on the site as these are identified as future snow melt concerns. Jacobson discussed some process language on how to do this to make sure the lots are graded appropriately, information is going to the inspectors, and lowest elevations are verified by the house construction process. Each situation is different for the drainage issues, such as Jenna Drive concentrating into one spot. The Committee has not seen the draft language. Fischer asked Day if the grade between the lots prior to building will be raised? Where the lot lines don’t match up what occurs? Day responded that no the grade would not get raised prior to building as the channels would get destroyed while things are under construction. The lots would sheet drain except at the house location where it will be higher. Gaskell stated that the only reason to get the five-foot setback is to get more density. There are utilities running through the back. Gateway had a concern with retaining walls that were installed without approval and had a utility pipe underneath the walls. It was narrow to begin with and is now two-feet wide. The City had to remove the walls to fix the drainage for the pond area.  Ehlers stated that the five-foot setbacks will help with the variety of products and have $300,000 homes. 6:15 pm Kemp left. Touchett wants rowhouses instead of roofs closer together. Gaskell asked if we promise that these homes will stay at $300,000? Five-foot setbacks are in place are a no. She would consider the proposed language to see if the setbacks and drainage would work. Ehlers wants to build the first phase in April. Veridian can back the price. We have met with the school, fire, and Mayor. Touchett asked if any of these are rowhouses? He is inclined to allow for twinhomes with smaller setbacks. Muson explained that rowhouses and twinhouses have different building code requirements. It is more cost effective to build twinhouses than rowhouses. 9. MOVED by Touchett, seconded by Gaskell, to adjourn at 6:25pm. Motion carried 2-0. 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.  Meeting Date: October 28, 2019 PWC Memo Public Works Committee Listed below is an explanation of the items on the Public Works Committee agenda. Item (4) Developers Agreement with Liberty Business Park for Liberty Drive Extension. This Developer’s Agreement with Liberty Business Park is for the extension of Liberty Drive to Whalen Road to facilitate development on additional lots within the Business Park. This is a privately funded project. City staff and City Attorney have worked with the developer of Liberty Park in preparation of the Developer’s Agreement. The agreement anticipates that construction of the public improvements will commence October 29, 2019 and will be substantially completed on or before July 31, 2020, pending permit approvals and any unforeseen field conditions. Item (5) The Woods at Cathedral Point subdivision PWC discussed The Woods at Cathedral Point on the September 30, 2019 meeting. No action was taken but continued discussion was requested for the following: • Side yard setbacks • Private / Public Alleys Initial discussion was required by Plan Commission on September 3, 2019 on the following concerns: • Side yard setbacks • Kettle drainage • Private / Public Alleys • Ice Age trail coordination Item (6) On-going public works and utility projects Discussion and updates for ongoing public works and utility projects. Page 1 / 1  THIRD AMENDMENT TO THIS SPACE RESERVED FOR RECORDING DATA AGREEMENT FOR LAND DIVISION IMPROVEMENTS LIBERTY BUSINESS PARK – LIBERTY DRIVE EXTENSION VERONA, WISCONSIN AGREEMENT NO. ________________ This Third Amendment to Agreement for Land Division Improvements (the “Third RETURN TO: Amendment”) is made and entered into this City of Verona ____ day of __________, 2019, by and between Attn: City Clerk the City of Verona, a Wisconsin municipal 111 Lincoln Street corporation (the “City”) and Liberty Development Verona, WI 53593 Corp., a Wisconsin corporation (the P.I.N. “Developer”). RECITALS A. On November 14, 2011, the City of Verona Common Council approved the plat of Liberty Business Park, recorded with the Dane County Register of Deeds Office on the 4th day of January, 2013, in Volume 60-011A of Plats, pages 53 to 56 as Document No. 4946721, located in the City of Verona, Dane County, Wisconsin (the “Property”). The Developer owns the Property. B. On December 28, 2012, the City and the Developer executed an Agreement for Land Division Improvements (the “Development Agreement”), which agreement was subsequently recorded in the Dane County Register of Deeds Office on January 4, 2013 as Document No. 4946722. The Development Agreement governs the development of Phase I of Liberty Business Park and the public improvements associated with Phase I. C. On June 18, 2012, the City and the Developer executed an Addendum to Agreement for Land Division Improvements (the “Addendum”), which addendum was subsequently recorded in the Dane County Register of Deeds Office on August 9, 2012 as Document No. 4900347. D. On September 22, 2014, the City and the Developer executed an Amendment to Agreement for Land Division Improvements (the “Amendment”), which 1  amendment was subsequently recorded in the Dane County Register of Deeds Office on September 28, 2015 as Document No.5186866. E. On October 12, 2015, the City and the Developer executed a Second Amendment to Agreement for Land Division Improvements (the “Second Amendment”), which amendment was subsequently recorded in the Dane County Register of Deeds Office on November 10, 2015 as Document No. 5196705. F. The Development Agreement, the Addendum, the Amendment, and the Second Amendment (collectively, the “Agreements”) all pertain to the development of the Property. G. The Developer owns or controls Lots 4, 5, 6, 13, 18, and 20 of the Property (the “Third Amendment Lots”) and wishes to construct certain improvements to serve the Third Amendment Lots in accordance with City ordinances and in accordance with Exhibit A. H. The parties acknowledge that they enter into this Third Amendment for their mutual benefit and in order to specify certain rights, obligations, conditions, and liabilities. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, the City and the Developer, on behalf of themselves, their heirs, successors and assigns, agree as follows: 1. Recitals. The representations and recitations set forth in the Recitals are material to this Third Amendment and are hereby incorporated into and made a part of this Third Amendment as though they were fully set forth in this paragraph, subject to all of the terms and conditions in the balance of this Third Amendment. 2. Agreements. Except as modified herein, the Agreements shall be and remain in full force and effect. 3. Improvements related to the Property. The Developer shall construct the following on-site and off-site improvements (the “Public Improvements”) related to the Third Amendment Lots in accordance with City standards and pursuant to plans approved by the City Engineer: street grading, curb and gutter, sidewalks, gravel base course, bituminous pavement, driveway entrances, street lighting and street terrace landscaping to serve the Third Amendment Lots as shown on Exhibit A. The Public Improvements shall be constructed in accordance with the City’s standard specifications for public works projects, and all plans for Public Improvements must be approved by the City Engineer before work is started. The Developer warrants and guarantees that the Public Improvements shall be free of defects for one year from 2 the date the Public Improvement(s) is/are accepted by the City. For purposes of this Third Amendment, the Developer, at its sole cost, shall construct and maintain a temporary drainage ditch on Outlot 3 of the Plat between Lots 6 and 7 pursuant to plans approved by the City. Maintenance shall include, but not be limited to: maintain positive drainage, mowing, erosion control, rutting, vegetative management, and rip-rap cleaning or replacement. When the Developer proposes improvements to either Lot 6 or Lot 7 of the Plat, the Developer shall remove the temporary drainage ditch, and the box culvert shall be extended by the Developer to the City’s storm water facility on Outlot 3. In its sole discretion, the City may withhold the issuance of occupancy permits for proposed development upon the Third Amendment Lots until such time as the Developer’s obligations related to the Public Improvements are completed by the Developer to the City’s reasonable satisfaction. 4. Timing of Public Improvements. The parties anticipate that construction of the Public Improvements shall commence on or about October 29, 2019, and shall be substantially completed on or before July 31, 2020, subject to Unavoidable Delays as that term is defined below. Notwithstanding the above, the City acknowledges that surface paving for the roadway may not be completed until August 30, 2021. As used herein, the term “Unavoidable Delay(s)” shall mean a material delay beyond the reasonable control of the Developer caused by labor strikes, lock-outs, labor troubles, industry-wide inability to procure materials, failure of power, extraordinary restrictive governmental laws or regulations (such as gas rationing), riots, war, military or usurped governmental power, acts of terrorism, sabotage, material fire or other material casualty. However, notwithstanding the preceding sentences of this Section 4, in the event the Public Improvements are not completed within eighteen (18) months of the date of this Third Amendment, the City may draw upon the Surety Bond described in Section 9 and complete the Public Improvements at the Developer’s expense. 5. Contractors. The Developer may contract with contractors (the “Contractors”) of its choice for the Public Improvements. The Contractors shall be subject to approval by the City, which approval shall not be unreasonably withheld. The Developer shall pay the total cost of the Public Improvements pursuant to the contracts between the Developer and the Contractors. The Developer shall use its best efforts to expeditiously administer and enforce the contracts with the Contractors. The Developer agrees to provide the City with copies for review. 6. Payment of City Costs. The Developer shall pay to the City, within thirty (30) days of billing, the City’s administrative fees, planning fees, engineering fees, and attorney’s fees in connection with this Agreement and/or the Public Improvements. Interest of one and one-half percent (1½%) per month shall be charged on invoices not paid within thirty days of billing. The City shall provide detailed invoices of the City’s 3 costs to the Developer no less frequently than monthly. 7. Project Costs. The Developer shall verify and provide all quantities and costs for the installation of Public Improvements for GASB 34 reporting requirements. Additionally, the Developer shall obtain an original lien waiver(s) from the Contractor(s) for the labor and materials for which payment is requested upon delivery of the payment to the Contractor(s), and the Developer shall provide the City with a copy of such original lien waiver(s). 8. Fees. A. The Developer agrees to pay applicable Madison Metropolitan Sewerage District (MMSD) Interceptor Connection Charges (ICC) and Wastewater Treatment Plant Connection Charges (TPCC) to the City prior to the construction of any sanitary sewer to serve the Third Amendment Lots based on actual charges provided by MMSD. The fees are estimated to be $64,505.75. See Exhibit B. B. The Developer agrees to pay the City of Verona Water Impact Fee and Sanitary Sewer Connection Fee. The Developer agrees to pay the fees that are in effect prior to the City of Verona substantially accepting the sewer and water improvements. The Surety Bond shall not be reduced until after the City of Verona connection charges and impact fees have been paid in full. The fees are estimated to be $51,966.17. See Exhibit C. C. The Developer agrees to pay the City of Verona Parkland Fee-in-Lieu of Dedication fee at the non-residential rate of $1,000 per acre. The fee is estimated to be $19,130, and shall be paid no later than July 31, 2020. 9. Surety Bond. To secure all payments and performance obligations required of the Developer as stated in this Third Amendment, the Developer, upon execution of this Third Amendment, shall provide to the City a Surety Bond (the “Bond”) in the form attached hereto and incorporated herein as Exhibit D in the initial amount of 120% of the estimated cost of all required Public Improvements. The public improvement estimate is included as Exhibit E. The amount of the Bond may be reduced from time to time in amounts equal to the value of the Public Improvements which have been installed, completed, and accepted by the City or shall be increased in the event of delay in the installation of the Public Improvements and the escalation of costs. In no event shall the amount of the Bond be reduced below the aggregate total estimated cost of the Public Improvements not yet installed or accepted plus 10%. The Bond shall benefit the City and shall be conditioned upon and guarantee to the City the performance by the Developer of its obligations under this Agreement. The amount of the Surety Bond is calculated as follows: 4  Construction cost of the Public Improvements $1,790,550.30 Construction Inspection $52,000.00 City Consultant / Shop Drawings $6,750.00 Material Testing $25,000.00 Contingency (20%) $374,860.06 Total (rounded to nearest 1000s) $2,250,000.00 A. Payment under the Bond. The Bond shall be payable to the City at any time upon presentation of (1) a written demand in the amount to which the City is entitled to draw pursuant to the terms of this Agreement; (2) a written statement by the City Administrator that the City is entitled to draw on the Bond; and (3) the original Bond. The City shall give the Developer 10 calendar days’ notice before drawing on the Bond, except that the City may draw on the Bond without such advance notice during the last 15 days before the Bond expires. Multiple draws on the Bond are permitted. B. Accounting. The Developer may inspect the City records of payments made using the Bond upon request at reasonable times. C. Insufficient Bond Amount. If the amount provided by the Bond is not sufficient to secure the Developer’s performance of this Agreement, the City shall notify the Developer of the necessary increase in the Bond, or the additional amounts due, and the Developer agrees to increase the Bond or pay the City for such additional costs within 30 days of receipt of notification. D. Notice of Expiration. The Bond shall be renewed at least 30 days before its expiration date, or any renewal date, until the completion of the guarantee period specified in Section 3. 10. Developer’s Failure to Perform. In the event of the Developer’s failure to perform any obligations under this Third Amendment, the City may refuse to issue building permits on the Third Amendment Lots, and deny other approvals related to the Third Amendment Lots, until such failure is cured. 11. Remedies Not Exclusive. The rights and remedies provided the City in this Third Amendment are not exclusive. The exercise of rights under this Third Amendment shall not prevent the use of the others, nor shall it prevent the City from exercising other rights or pursuing other remedies otherwise available at law or in equity. 12. Compliance with Laws. The Developer shall comply with all applicable laws in the performance of its obligations under this Third Amendment, including, but not limited to, application for all necessary permits and payment of associated fees. The Developer understands and acknowledges that this Third Amendment cannot obligate the City to issue permits or limit the City in the exercise of its power over zoning and 5 other governmental functions. To the extent required by applicable law or City of Verona ordinances, any site improvements made on the Property shall be reviewed and approved by the City Public Works Department. 13. Insurance Requirements. The Developer understands and agrees that the Developer’s Contractor(s) is/are required to satisfy current insurance requirements. Before the start of construction, the Contractor(s) insurance certificate shall be delivered to the City. The insurance certificate shall name the City and its agents as additional insured. The limits of liability for the insurance required shall provide the following coverages for not less than the following amounts or greater where required by federal, state, or local laws and regulations: Worker's Compensation, etc. (1) State: Statutory (2) Applicable Federal (e.g., Longshoreman's): Statutory (3) Employer's Liability: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $100,000 each employee Bodily Injury by Disease $500,000 policy limit Contractor's General Liability (which shall include completed operations and product liability coverages): (1) General Aggregate: (Except Products-Completed Operations): $1,000,000 (2) Products-Completed Operations Aggregate: $1,000,000 (3) Personal and Advertising Injury (Per Person/Organization): $1,000,000 (4) Bodily Injury and Property Damage (Each Occurrence): $1,000,000 (5) Personal Medical Expense (Per Person): $ 5,000 6  (6) Personal Injury Liability coverage will include claims arising out of employment. (7) Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. (8) Excess Liability General Aggregate: $2,000,000 Each Occurrence: $2,000,000 Automobile Liability: (1) Combined Single Limit: (Bodily Injury and Property Damage) Each Accident $1,000,000 The Contractual Liability coverage shall provide coverage for not less than the following amounts: (1) General Aggregate: $1,000,000 (2) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 14. Warranties. The Developer represents and warrants that: A. It is the lawful owner the Third Amendment Lots. B. It has full right and authority to fulfill all representations and obligations as stated in this Third Amendment. C. It has attained any and all easements or right-of-way reasonably necessary to fulfill its obligations as stated in this Third Amendment. D. It will defend, indemnify, and hold the City harmless for all losses, claims, liabilities, expenses, and costs, including attorney’s fees, arising from this Third Amendment or in connection with any actions of the Developer, its agents, employees or contractors related to the development of the Third Amendment Lots. The Developer shall defend, indemnify and hold the City harmless from any claims, suits or damages related to the City’s acquisition or ownership of interests in the Third Amendment Lots including, but not limited to, claims for inverse condemnation or relocation benefits under Chapter 32 of the Wisconsin Statutes. 7  E. In the event the City validly exercises its right to draw on the Surety Bond pursuant to this Third Amendment or incurs legal expenses arising from Developer’s breach of this Third Amendment, the Developer shall reimburse the City for its attorney’s fees and disbursements. 15. Binding Effect. This Third Amendment shall run with the Property, including the Third Amendment Lots, and shall be binding on the Developer’s successors and assigns, including any subsequent owners of the same lots. The City may record this Third Amendment at the Developer’s expense. 16. Authorization to Enter. The Developer authorizes the City to enter the Property, including the Third Amendment Lots, as necessary to inspect and complete the Public Improvements and otherwise assure compliance with this Agreement. 17. Severability. If any part, term or provision of this Third Amendment is held to be illegal or otherwise unenforceable by a court of competent jurisdiction, such illegality or unenforceability shall not affect the validity of any other part, term or provision of this Third Amendment, and the rights of the parties will be construed as if the part, term or provision was never part of the Third Amendment. 18. General Provisions. The General Provisions contained in the Development Agreement are material to this Third Amendment and are hereby incorporated into and made a part of this Third Amendment as though they were fully set forth in this paragraph, subject to all of the terms and conditions in the balance of this Third Amendment. [Signature pages follow] 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of ________________________, 2019. LIBERTY DEVELOPMENT CORP. By: _________________________ _____________________________ (Name/Title) By: _________________________ _____________________________ (Name/Title) STATE OF WISCONSIN COUNTY OF DANE Personally came before me this _____ day of _________________, 2019, the above-named __________________________, to me known to be the person who executed the foregoing instrument and acknowledge the same. _____________________________ Print name: ___________________ Notary Public, State of Wisconsin (NOTARY SEAL) My commission expires: ________ 9 The undersigned, Whalen Investments, LLC, hereby executes this Third Amendment for the sole purpose of subjecting its real property, as may be applicable, to the terms and conditions of the Third Amendment. WHALEN INVESTMENTS, LLC By __________________________ David K. Reinke, Member STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this _____ day of ___________, 2019, the above named David K. Reinke, to me known to be the person who executed the foregoing instrument and acknowledged the same on behalf of Whalen Investments, LLC. _______________________________ Print Name: _____________________ Notary Public, State of Wisconsin My Commission: _________________ 10 CITY OF VERONA DANE COUNTY, WISCONSIN By: _________________________ Luke Diaz, Mayor By: _________________________ Ellen Clark, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally came before me this _____ day of __________________, 2019, the above-named Luke Diaz and Ellen Clark, to me known to be the persons who executed the foregoing instrument and acknowledge the same. _____________________________ Print name: ___________________ Notary Public, State of Wisconsin (NOTARY SEAL) My commission expires: ________ Attachments: Exhibit A – Site Plan / Description of Public Improvements Exhibit B – MMSD Fees Exhibit C – City of Verona Utility Fees Exhibit D – Form of Surety Bond Exhibit E – Public Improvements Cost Estimate 11  EXHIBIT A LIBERTY BUSINESS PARK – LIBERTY DRIVE EXTENSION 12 EXHIBIT B MMSD FEES 13 14  EXHIBIT C CITY OF VERONA UTILITY FEES 15 16 EXHIBIT D BOND 17  EXHIBIT E BID FORM, CONSTRUCTION COSTS 18 19 20 21  26’ ROW M 66’ ROW rail ge T Ran Chapel Royal Dr Westminster Way Cathedral Point Dr Whispering Pines Way Revised: 7.31.19 0' 200' VANDEWALLE & ASSOCIATES INC. © 2019 EXHIBIT I: THE WOODS AT CATHEDRAL POINT STREET RIGHT- OF-WAY WIDTHS VERONA, WISCONSIN