Public Works, Sewer and Water

City of Verona 111 Lincoln Street Verona, WI 53593 (608) 845-6495 veronawi.gov PUBLIC WORKS, SEWER & WATER COMMITTEE- DATE: Monday Aug 25, 2025 TIME: 5:30 PM LOCATION: VERONA CITY HALL ROOM D122 111 LINCOLN STREET VERONA, WI 53593 1. Call to Order 2. Roll Call 3. Public Comment 4. Approval of the Minutes: August 11, 2025. 5. Discussion and Possible Action: Ardent Glen Water Main Public Improvements Agreement, subject to final review and approval by the City Administrator and City Attorney 6. Discussion and Possible Action: Sidewalk, curb, and driveway apron replacement with respect to tree growth. 7. Staff Report: 8. Adjourn Beth Tucker Long - Chairperson POSTED: August 21, 2025 POSTED: Verona City Hall Verona Public Library Miller’s Market All agendas are posted on the City website at: veronawi.gov WRITTEN COMMENTS: You can send comments to the Public Works, Sewer & Water Committee on any matter, either on or not on the agenda, by emailing bmanning@veronawi.gov or in writing to Public Works, Sewer & Water Committee, 410 Investment Court, Verona, WI, 53593. Notice: If you need an interpreter, materials in alternative formats, or other accommodation to access the meeting, please contact the City Clerk at (608) 845-6495 at least 48-hours preceding the meeting. Every reasonable effort will be made to accommodate your request. Notice is hereby given that a majority of the City Council may be present at the meeting of the Public Works, Sewer & Water Committee to gather information about a subject over which they have decision-making responsibility. The City Council and any other standing committees will not take formal action at this meeting.  City of Verona 111 Lincoln Street Verona, WI 53593 (608) 845-6495 veronawi.gov PUBLIC WORKS, SEWER & WATER COMMITTEE- DATE: Monday Aug 11, 2025 TIME: 5:30 PM LOCATION: VERONA CITY HALL ROOM D122 111 LINCOLN STREET VERONA, WI 53593 1. Call to Order Meeting called to order by Beth Tucker Long at 5:32 pm 2. Roll Call Beth Tucker Long, Chris Weiss, Melissa Kellor, also present Bryan Manning-Public Works Director, Michael Trotter-Assistant Public Works Director, Carla Fischer-City Engineer AECOM 3. Public Comment None 4. Approval of the Minutes: July 28, 2025. Moved by Chris Weiss and seconded by Melissa Kellor to approve the minutes with corrections. Motion passed 3-0 5. Discussion and Possible Action: Project 2023-112 Legion Street Project, Parisi Construction Inc. Pay request #1 Moved by Beth Tucker Long, and seconded by Melissa Kellor to approve pay request #1 for Project 2023-112, Legion Street Project, Parisi Construction Inc. for a sum not to exceed $208,070.20 Motion passed 3-0 6. Discussion and Possible Action: Pedestrian safety on CTH M/South Main Street from locust Drive to Melondy Lane No Action Taken 7. Staff Report: • Mark Drive Update • Sidewalk replacement West Verona Ave, Heritage • Public Works Building 8. Adjourn Moved by Chris Weiss and seconded by Melissa Kellor to Adjourn. Motion passed 3-0 Beth Tucker Long - Chairperson POSTED: August 7, 2025 POSTED: Verona City Hall Verona Public Library Miller’s Market All agendas are posted on the City website at: veronawi.gov WRITTEN COMMENTS: You can send comments to the Public Works, Sewer & Water Committee on any matter, either on or not on the agenda, by emailing bmanning@veronawi.gov or in writing to Public Works, Sewer & Water Committee, 410 Investment Court, Verona, WI, 53593. Notice: If you need an interpreter, materials in alternative formats, or other accommodation to access the meeting, please contact the City Clerk at (608) 845-6495 at least 48-hours preceding the meeting. Every reasonable effort will be made to accommodate your request. Notice is hereby given that a majority of the City Council may be present at the meeting of the Public Works, Sewer & Water Committee to gather information about a subject over which they have decision-making responsibility. The City Council and any other standing committees will not take formal action at this meeting.  Meeting Date: August 25, 2025 PW/S&W Committee Memo Public Works/Sewer & Water Committee Listed below is an explanation of the items on the Public Works/Sewer & Water Committee agenda. Item (5) Discussion and Possible Action Ardent Glen Water Main Public Improvements Agreement, subject to final review and approval by the City Administrator and City Attorney Construction of approximately 2,675 linear feet of 12-inch water main and 16-inch water transmission line and appurtenances from just south of County Highway PD to just north of City of Verona Well 5 Recommended Motion: Move to recommend approval of the Ardent Glen Water Main Public Improvements Agreement, subject to final review and approval by the City Administrator and City Attorney. Item (6) Discussion and Possible Action: Sidewalk, curb, and driveway apron replacement with respect to tree growth. Recommended Motion: Staff Report Page 1 / 1  ARDENT GLEN WATER MAIN PUBLIC IMPROVEMENTS AGREEMENT This Ardent Glen Water Main Public Improvements Agreement (the “Water Main Agreement”) is made this ____ day of ______________, 2025, by and between VH Ardent Glen, LLC, a Wisconsin limited liability company (the “Developer”), and the City of Verona, a Wisconsin municipal corporation (the “City”). RECITALS THIS SPACE RESERVED FOR RECORDING DATA A. This Water Main Agreement pertains to the RETURN TO: City of Verona development of land in the Plat of Ardent Attn: City Clerk Glen (the “Plat”), recorded with the Dane 111 Lincoln Street County Register of Deeds Office on the 29th Verona, WI 53593 day of November, 2023, in Volume 61-098A P.I.N. of Plats, pages 581 to 584, as Document No. See Exhibit A 5936215, located in the City of Verona, Dane County, Wisconsin (the “Property”). B. On ______________, ____, the City and the Developer executed an Annexation Agreement, which Annexation Agreement was recorded with the Dane County Register of Deeds Office on _____________, ____, as Document No. _____________. C. Among other public improvements, the Annexation Agreement requires the Developer to construct an extension of the water transmission line from the City’s Well No. 5 to serve the Property, which construction also includes the looping of the water transmission line (the “Water Main Improvements”). The Water Main Improvements are further described in Section A.1. below. D. The purpose of this Water Main Agreement is to identify the terms and conditions under which the Developer shall construct and install the Water Main Improvements. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer and the City agree as follows: ARTICLE I – REQUIRED IMPROVEMENTS A. General Conditions. 1. Water Main Improvements. 1  The Developer shall construct and install, at its own expense, the Water Main Improvements (further described below) pursuant to the plans prepared for the Developer by D’Onofrio Kottke and Associates, Inc. and approved by the City. The Water Main Improvements include, but are not limited to, construction of approximately 2,675 linear feet of 12-inch water main and 16-inch water transmission line and appurtenances from just south of County Highway PD to just north of City of Verona Well 5 as shown in “Ardent Glen – City Well 5 Water Connection Engineering Plans” dated July 29, 2025, by D’Onofrio Kottke and Associates, Inc. The Water Main Improvements shall not be constructed hereunder unless the surety bond required by this Agreement has been presented to and accepted by the City. The Developer’s obligation will be independent of any obligations of the City contained herein. The Water Main Water Main Improvements shall meet the minimum requirements of the City of Verona Subdivision Ordinance. The Developer’s obligation to complete the Water Main Improvements will arise upon execution of this Water Main Agreement. All Water Main Improvements shall be completed within 18 months of the execution of this Water Main Agreement. Once accepted, the Developer agrees to dedicate the Water Main Improvements to the City. 2. Contractors Engaged by the Developer. The Developer agrees to engage contractors for all construction included in this Water Main Agreement who shall perform such work to the standards of the City and who shall comply with every requirement of the City Code and standards in performing such work. The Developer has furnished the City Public Works Director (hereinafter, the “Director” or the “City Engineer”) with the names of all contractors and their subcontractors and with the classification of the work that they will perform, each of which are approved by the City. 3. City Approval of Starting Dates. a. It is contemplated that construction of the Water Main Improvements shall commence on or about ____________, ____ and shall be substantially completed on or about ____________, ____; however, the actual commencement date of construction and the projected completion date shall be determined by the contract between the Developer and its contractor(s), subject to approval by the City. b. A starting date will not be approved until final plans and specifications for the Water Main Improvements have been approved by the City Engineer, stamped “Approved for Construction,” and signed by the Developer’s Engineer and the City Engineer. Two copies of the approved, signed and stamped plans and specifications shall be provided to the City Engineer, and one copy shall be provided to each contractor. Only stamped and signed copies of the plans and specifications shall be used on the job site. 2  A starting date will not be approved until the surety required by this Agreement has been presented to and accepted by the City. 4. Responsibility for Costs. The Water Main Improvements shall be designed, constructed, and installed by the Developer at the Developer’s sole expense. The City shall not be responsible for any costs or charges, except that upon acceptance of the Water Main Improvements pursuant to this Water Main Agreement, the City shall pay the Developer $24,999. B. Specifications for Improvements. 1. Grading Plan. a. The Water Main Improvements shall be graded in conformity with the Master Site Grading Plan as approved by the City Engineer. b. Upon completion of the Water Main Improvements, the Developer shall submit to the City a record drawing identifying the grades as established by the Developer. The Developer shall provide the City with an engineer’s certification that the grades on the record drawing are in conformance with the final approved grading plan within tolerances accepted in the industry. c. The Developer shall obtain a land disturbing activity permit pursuant to the City Code prior to grading, excavating, or other land disturbing activities. 2. Erosion Control Plans. a. Prior to the commencement of construction of the Water Main Improvements, the Developer must receive approval from the applicable governing agencies for an erosion control plan: the City, Dane County, and the Wisconsin Department of Natural Resources (“WDNR”). At a minimum, an erosion control plan that conforms to the provisions of the City Code shall be required. The Developer shall comply with the approved erosion control plan. Erosion control shall be implemented, inspected, and maintained as required per the approved engineering drawings and permits issued. Any maintenance required as a result of an inspection or other notification shall comply with the permit. If required action is not completed by the Developer, an enforcement action may be taken by the WDNR or the City. 3 3. Water Main. a. The Developer shall construct and install the Water Main Improvements in accordance with the design plans prepared by D’Onofrio Kottke and Associates, Inc. and as approved by the City Engineer. All Water Main Improvements shall be done in accordance with construction standards of the City. On August 23, 2023, the City and the Developer executed the Ardent Glen Development Agreement – Phase 1 (the “Phase 1 Agreement”), which Phase 1 Agreement was recorded with the Dane County Register of Deeds Office on November 30, 2023, as Document No. 5936441. The Water Main Improvements shall be subject to Article I, Section B.7. of the Phase 1 Agreement. 4. Easement and Utility Service. In accordance with the City Code, the Water Main Improvements, and any other utilities installed pursuant to this Water Main Agreement, shall be installed underground. Except as otherwise provided in this section, all utility equipment, appurtenances, conduits, lines and structures, and electrical power shall be installed within the right of way or within easements along side or rear yard lot lines and shall not be permitted in the front yard without written approval by the City. No retaining walls, fences, decks or other similar structures associated with the residential homes in the Property may encroach upon easement rights granted for the operation and maintenance of municipal utilities. 5. Fencing and Debris Removal. To the extent required under this Water Main Agreement, the Developer shall remove all interior fences and posts on the Property and shall remove all man- made debris on lands to be dedicated to the City, or which are public at this time. 6. Excess Fill Materials. If excavations result in excess fill, and the Developer uses such fill materials on lots within the Property, the Developer shall be solely responsible for the location and method of placement of such material. Although such fill materials shall be leveled and graded as required by this Water Main Agreement, the City, the City Engineer, and their employees or agents shall not be responsible for the location, method of placement, type, or degree of compaction of any materials placed on private property. No permanent fill will be allowed in the mapped Federal Emergency Management Agency (FEMA) base flood (1% Annual Chance Event) floodplain for the Dry Tributary to Badger Mill Creek; post-construction grades must match pre-construction grades. FEMA base flood floodplain limits shall be staked prior to starting construction. 4  7. Blasting. To the extent blasting operations are required for the construction of the Water Main Improvements, the Developer shall: a. Comply with all applicable federal, state, and local rules, regulations, and specifications applicable to blasting. b. Install and maintain fencing around all material piles and operations related to blasting. c. Inform City personnel of scheduled blasting at least 7 days before the blasting. d. Work with City Public Works Department staff to reasonably expand the area for which pre-blasting notifications will be provided to City and Town of Verona residences, including, but not limited to, offering pre- blasting surveys to residences falling within the scope of the expanded area. ARTICLE II – PAYMENT OF FEES AND COSTS A. Developer to Reimburse City Costs and Pay Other Fees. 1. City Costs. The Developer shall pay to the City, within thirty (30) days of billing, the City’s fees associated with this Water Main Agreement and/or the Water Main Improvements, including, but not limited to, administrative fees, planning fees, engineering fees, attorney’s fees, construction inspection fees, and soils testing fees. 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 costs to the Developer no less frequently than monthly. ARTICLE III – ACCEPTANCE AND GUARANTEE OF IMPROVEMENTS A. Inspection. 1. After the required Water Main Improvements have been made, installed and completed, the Developer shall notify the City Engineer, in writing, that the work is complete and ready for final inspection. All Water Main Improvements shall be inspected and tested within sixty (60) days of the Developer’s notice by the City Engineer or a consultant retained by him or her to assure compliance with all construction and improvement requirements of the City. The Developer agrees to provide for the maintenance and repair of all Water Main Improvements until the Water Main Improvements are accepted by the City. Before any sureties or other 5  financial guarantees are released to the Developer, the City Engineer shall approve the satisfactory completion and acceptance of the Water Main Improvements. 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). Prior to City acceptance of Water Main Improvements, the Developer shall provide the City with the lien waivers and such information on the cost of the Water Main Improvements as the City may require. 2. The Water Main Improvements shall not be accepted until a bacteriologically safe sample is obtained by a certified agency testing. The Developer shall be responsible to flush the main, obtain the samples, and have all tests completed as may be required for the City’s acceptance. Upon completion of the Water Main Improvements and certification of approval by the Director, ownership and control of the Water Main Improvements shall be turned over without any restrictions to the City Water Utility. B. Record Drawings and Cost of Water Main Improvements. After completion of the Water Main Improvements and prior to acceptance of the Water Main Improvements, the Developer shall prepare and have approved by the City three (3) copies of a complete plan of the Water Main Improvements as constructed, together with an electronic version of the record drawings, as required by the City of Verona Subdivision Ordinance. After completion of the Water Main Improvements and prior to acceptance of the Water Main Improvements, the Developer shall provide the City with such information on the cost of the Water Main Improvements as the City may require for accounting purposes. C. Dedication. Subject to all of the other provisions of this Water Main Agreement, the Developer shall, upon completion of the Water Main Improvements, unconditionally, and without charge to the City, give, grant, convey and fully dedicate the same to the City, its successors and assigns forever, free and clear of all encumbrances, together with (without limitation because of enumeration) all land, buildings, structures, mains, conduits, pipes, lines, plant, machinery, equipment appurtenances and habiliments which may in any way be a part of or pertain to such Improvements, together with any and all necessary easements for access thereto. D. Acceptance. Following the City Engineer’s report of completion of the Water Main Improvements and acceptance, the City shall thereafter have the right to connect or integrate other utility facilities with the facilities provided hereunder without payment or award to, or consent required of, the Developer. The City Engineer shall provide the Developer with a copy 6  of the City acceptance of the Water Main Improvements hereunder which the Developer may record to evidence compliance with this Water Main Agreement. Certification by the City Engineer does not constitute a waiver by the City of any rights related to the guarantee set forth in Article III-E below against defects in or failure of any Improvements that are detected or which occur following such acceptance. E. Improvement Guarantee. The Developer guarantees all Water Main Improvements against defects which appear within a period of one year from the date of acceptance by the City as herein provided and shall pay for any damages resulting there from to City property. If any defect appears during the guarantee period, the Developer shall upon written notice and, at its expense, install replacements or perform repairs to the standard provided in the approved plans and specifications. The Developer shall have 30 days from the issuance of such notice (or such longer period as may be acceptable to the City Engineer or as may be required due to weather or climactic conditions) to cure the defect. The City shall not declare a default under this Agreement during the 30-day cure period on account of any such defect unless it is clear that the Developer does not intend to cure the defect, or unless the City determines that immediate action is required in order to remedy a situation which poses an imminent health or safety threat. If the Developer fails to cure the defect, or if the City determines that such immediate action is necessary, the City may affect the cure and deduct the cost thereof from the security deposit. All guarantees or warranties for materials or workmanship which extend beyond the above guarantee period shall be assigned by the Developer to the City (as beneficiary). Unless defects have appeared and have not been repaired, the City will release the security to the Developer upon expiration of the one-year guarantee period. F. Remedies. The remedies provided in this Article are not exclusive. The City may use any other remedies available to it under the Water Main Agreement or in law or equity in addition to, or in lieu of, the remedies provided above. ARTICLE IV – SURETY BOND A. Surety Bond. 1. The Developer agrees to furnish the City, before the start of any construction of the Water Main Improvements required by this Water Main Agreement, with a Surety Bond (the “Bond”) in the form attached hereto and incorporated herein as Exhibit B in the initial amount of 120% of the estimated cost of all required Water Main Improvements to secure performance of this Water Main Agreement. The amount of the Bond is calculated as follows: Phase 1 Construction cost of the Improvements $_____________ 7  20% Contingency $_____________ City’s construction engineering fees $_____________ Soils consultant $_____________ Sub-Total $_____________ Total $_____________ The Bond must be accepted by the City prior to the commencement of construction under this Water Main Agreement. The Bond shall be payable at sight to the City and will bear an expiration date not earlier than twelve (12) months after the date of delivery to the City. The Bond shall include a provision requiring that the City be given written notice not less than forty five (45) days and not more than sixty (60) days prior to the expiration of the Bond. The Developer shall provide a new Bond satisfactory to the City not less than ten (10) days prior to the expiration of any earlier Bond sufficient to cover the balance of any work to be performed by the Developer hereunder and any sum required to secure the guarantee in Article III-E above. The failure to provide a Bond at least ten (10) days before the expiration of the current Bond shall be deemed a default under this Water Main Agreement authorizing the City to draw upon the Bond. The Bond shall be payable to the City at any time upon presentation of (i) a sight draft drawn on the issuing bank in the amount to which the City is entitled to draw pursuant to the terms of this Water Main Agreement; (ii) a written statement by a City official that the City is entitled to draw on the Bond; and (iii) 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. 2. Any Water Main Improvements that are not completed within 18 months of the execution of this Water Main Agreement may be completed by the City, and the City may draw on the Bond to pay all costs associated with completing the Water Main Improvements. 3. Upon acceptance by the City of the Water Main Improvements constructed as part of this Water Main Agreement, the City agrees to reduce the Bond to an amount equal to the City Engineer’s estimate of the amount reasonably necessary to secure the guarantee required in Article III-E, or 10 percent of the total cost of the improvements, whichever is greater. 4. The Developer agrees to provide written notice of the expiration of any Bond (or replacement Bond) provided for herein not less than forty five (45) days nor more than sixty (60) days prior to its expiration, by sending notice to the following address: 8  City of Verona Attn: City Clerk 111 Lincoln Street Verona, WI 53593 B. Preservation of Assessment Rights. 1. Any Water Main Improvements that are not completed within 18 months of the execution of this Agreement may be completed by the City at the City’s option and charged to lots in the Property as a special assessment. 2. In addition to other remedies provided to the City by this Water Main Agreement, the City shall have the right, without notice or hearing, to impose special assessments or special charges on the lots in the Property for any amount to which the City is entitled by virtue of this Water Main Agreement. This provision constitutes the Developer’s acknowledgment of special benefit and the Developer’s consent to and waiver of notice and hearing on all proceedings imposing such special assessments or special charges. 3. Notwithstanding Article IV-B-1 and IV-B-2, the City shall not levy any special assessments under such sections against any lot which has been conveyed of record by Developer to a third party following acceptance by the City of all Water Main Improvements. The City, however, retains all rights granted to it generally under Wisconsin statutes to levy special assessments. C. Remedies Not Exclusive. The remedies provided in this Article are not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided above. ARTICLE V – PERMITS A. Required Permits. The Developer is responsible for obtaining all licenses, permits and authority necessary to perform its obligations under this Water Main Agreement. ARTICLE VI – LEGAL REQUIREMENTS AND PUBLIC RESPONSIBILITY A. Laws to be Observed. The Developer shall at all times observe and comply with all federal, state and local laws, regulations and ordinances which are in effect or which may be placed in effect which may affect the construction of the public improvements to be accomplished under this Water Main Agreement. The Developer further agrees to indemnify and hold harmless 9  the City, its officers, agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from the Developer’s failure to comply with an applicable federal, state or local law, regulation or ordinance. B. Other Laws Apply. All applicable provisions of the City of Verona Subdivision Code and any other applicable ordinances or laws shall be adhered to with respect to the design, construction and installation of the Water Main Improvements, except as to variances to or waivers of those requirements. Where standards and/or specifications have not been established by the City, all work shall be made in accordance with established engineering practices. C. Developer’s Responsibility for Work. The work shall be under the charge and care of the Developer until all Water Main Improvements have been accepted by the City. If prior to acceptance the City is required to take any measure to maintain, protect, or guard any completed Water Main Improvements that have not yet been accepted by the City, the costs of doing so shall be paid by the Developer. D. Insurance Requirements. 1. General. The Developer shall obtain insurance acceptable to the City as required under this section. The Developer shall maintain all required insurance under this section until the Water Main Improvements have been accepted and during any subsequent period in which the Developer does work under this Water Main Agreement pursuant to the improvement guarantee or otherwise. 2. Certificates of Insurance. Certificates of Insurance on all policies specified shall be filed with the City Clerk which shall include a fifteen (15) day prior written notice of material change or cancellation to the City and which clearly state that liability insurance is provided and, if applicable to work under this Water Main Agreement, explosion, collapse and underground coverage. Explosion, collapse and underground coverage may be provided by the Developer’s contractor. 3. Insurance. The minimum limits of liability shall be as follows: Worker’s Compensation, etc. (1) State: Statutory (2) Applicable Federal (e.g., Longshoreman’s): Statutory (3) Employer’s Liability: 10 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) 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 11  Insurance required under this Water Main Agreement shall be carried with an insurer authorized to do business in Wisconsin by the Wisconsin Commissioner of Insurance. The City reserves the right to disapprove any insurance company. E. Indemnification. The Developer hereby expressly agrees to indemnify, defend and hold the City and its officers, employees, and agents harmless from and against all claims, costs and liability of every kind and nature (including reasonable fees for attorneys, consultants, and experts), for injury or damage received or sustained by any person or entity in connection with, or on account of, the performance of work at the development site and elsewhere pursuant to this Water Main Agreement, except to the extent caused by the recklessness or willful misconduct of the City or its officers, employees, agents or contractors. The Developer further agrees to defend the City in the event that the City is named as a defendant in an action concerning the performance of work pursuant to this Water Main Agreement, except where such suit is brought by the Developer, subject to the limitations above. The Developer is not an agent or employee of the City. F. Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold the City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Property or this Water Main Agreement (including, but not limited to, street right-of-way and park land) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all Water Main Improvements, except to the extent caused by the recklessness or willful misconduct of the City or its officers, employees, agents or contractors. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, state, or federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in the soil, groundwater, air or other receptor. The City shall immediately notify the Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. The City also agrees that following notification to the Developer that contamination may exist, the City shall make all reasonable accommodations to allow the Developer to examine the real property and conduct such clean-up operations as may be required by the appropriate local, state, or federal agencies to comply with applicable laws. 12 G. Personal Liability of Public Officials. In carrying out any of the provisions of this Water Main Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City’s officers, agents or employees, it being understood and agreed that in such matters they act as agents and representatives of the City. ARTICLE VII – GENERAL PROVISIONS A. Authority. The Developer warrants that it has full right and authority to make the agreements, warranties, consents and waivers in this Water Main Agreement. 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 Property including, but not limited to, claims for inverse condemnation or relocation benefits under Chapter 32 of the Wisconsin Statutes. B. Developer’s Project Manager. The Developer hereby designates Dan Day as the Project Manager, who shall act as the Developer’s representative during the construction of the Water Main Improvements. The Project Manager shall be available during construction hours on the job site or available by telephone at (608) 833-7530. During non-construction hours, the Project Manager shall be available to respond to emergencies at the following telephone number: (608) 206-6879. C. Survey Monuments. To the extent required for the Water Main Improvements, the Developer shall install all survey monuments for the lands within the Property in the manner required by law within the time required by law. Any monuments disturbed during construction of Water Main Improvements shall be restored. D. Written Notice. Any written notification required under this Water Main Agreement shall be deemed to be served if it is personally delivered or sent by first class mail to the following: City of Verona Attn: City Clerk 111 Lincoln Street Verona, WI 53593 VH Ardent Glen, LLC Attn: Matt Brink 13  6801 South Towne Drive Madison, WI 53713 Either party may change the address to which notices must be sent by giving notices as provided herein. E. Zoning. The City does not guarantee or warrant that the lands subject to this Water Main Agreement will not at some later date be rezoned, nor does the City agree to rezone the lands into a different zoning district. Any rezoning that may take place shall not void this Water Main Agreement. F. Inspections. The Developer grants the right of entry on the lands within the Property to personnel or agents of the City to conduct inspections and monitor compliance with the provisions of this Water Main Agreement. G. Access. The City shall, to the extent it already owns or has access easements over offsite lands, permit reasonable access for Developer’s construction of offsite Water Main Improvements required under this Water Main Agreement. The City shall not, however, be required to exercise, for the benefit of Developer, its power of eminent domain or exercise any other municipal authority to obtain access over any property which it does not currently own or over which it does not have access rights. Nor shall the City be required to expend any time or money to stake, for Developer’s benefit, the location of any dedicated lands or easements over which it will furnish Developer access for construction of offsite Water Main Improvements. H. Public Easements. All easements dedicated to the City or the public on the Plat grant the City the right to construct, install, maintain, inspect, repair and replace the designated improvements in, on, over or under such easements. Lots within the Plat shall not be used in a manner which interferes with the City’s easement rights. The City’s only obligation to restore the property after any use by the City of its easements shall be to grade the soil, replace topsoil, and plant grass seed. I. Default. A default is defined herein as the Developer’s breach of, or failure to comply with, the terms of this Water Main Agreement. The City reserves to itself all remedies available at law or equity as necessary to cure any default. The City also reserves to itself the right to draw on the surety and/or letters of credit provided hereunder, and to specially assess 14  costs against the property within the Plat, in addition to pursuing any other available remedies. Remedies shall include, but not be limited to, stopping all construction, denying building permits and prohibiting the transfer or sale of lots. Remedies shall be cumulative, and the exercise of one shall not preclude the exercise of others. J. Attorney Fees. If the parties are required to resort to litigation or arbitration regarding this Water Main Agreement, the substantially prevailing party shall be entitled to an award of all costs, including reasonable attorney fees and expert witness fees. K. Time. For the purpose of computing the commencement, abandonment and completion periods, and time periods for City or Developer action, such times in which war, civil disasters, acts of God, or extreme weather conditions occur or exist shall not be included to the extent such conditions prevent the Developer from performing its obligations under the Water Main Agreement. L. No Vested Rights Created. Except as provided by law, or as expressly provided in this Water Main Agreement, no vested right in connection with this project shall inure to the Developer. The City does not warrant by this Water Main Agreement that the Developer is entitled to any required approvals. M. Successors Bound. This Water Main Agreement shall run with the land and shall be binding upon the Developer, its grantees, personal representatives, heirs, successors and assigns, including the owners of all lots in the Property. N. Assignment. The benefits of this Agreement to the Developer are personal and shall not be assigned without the express written consent of the City. Such approval may not be unreasonably withheld, but any unapproved assignment is void. There is no prohibition on the right of the City to assign its rights under this Water Main Agreement. The City shall release the original Developer’s surety if it accepts new security from any Developer or lender who obtains the property. However, no act of the City shall constitute a release of the original Developer from its liability under this Water Main Agreement. O. No Release. Nothing set forth in this Water Main Agreement shall be construed as, nor is intended to be, a waiver or release of any obligations imposed upon the Developer by the City of 15  Verona Subdivision Code, or any other applicable provisions in the City Code of Ordinances, state statutes, or administrative rules. No waiver of any provision of this Agreement shall be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Water Main Agreement signed by both the City and the Developer, nor shall the waiver of any default under this Water Main Agreement be deemed a waiver of any subsequent default or defaults of the same type. The City’s failure to exercise any right under this Water Main Agreement shall not constitute approval of any wrongful act by the Developer or the acceptance of any Water Main Improvements. P. Amendment. This Water Main Agreement may only be amended by a written amendment instrument approved and executed by the City and the Developer. Q. Severability. If any part, term or provision of this Water Main Agreement 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 Water Main Agreement, and the rights of the parties will be construed as if the part, term or provision was never part of the Water Main Agreement. R. Entire Agreement. This written agreement, and written amendments, shall constitute the entire agreement between the Developer and the City. S. Recording. The City may record a copy of this Water Main Agreement with the Register of Deeds. All costs of recording shall be paid by the Developer. Upon acceptance by the City of the Water Main Improvements, the City shall provide the Developer with a certified copy of the acceptance which the Developer may use to record notice of such acceptance. T. Governing Law. This Water Main Agreement shall be governed by, and enforced in accordance with, the laws of the State of Wisconsin. Any claim arising under this Water Main Agreement shall be brought in Dane County Circuit Court, Dane County, Wisconsin. U. Interpretation. This Water Main Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Water Main Agreement. Moreover, each and every provision of this Water Main Agreement shall be construed as though all parties to 16  this Water Main Agreement participated equally in the drafting of this Water Main Agreement. As a result of the foregoing, any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Water Main Agreement. V. Counterparts. This Water Main Agreement may be executed in one or more counterparts and upon execution and delivery by each of the parties hereto shall constitute one and the same enforceable agreement W. Effective Date. This Water Main Agreement is entered into as of the day and year first written above. [Signature pages to follow] 17  IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the dates noted below. CITY OF VERONA By Luke Diaz, Mayor By Holly Licht, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this _____ day of __________________, 2025, the above named Luke Diaz and Holly Licht, to me known to be the Mayor and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. Print name: ____________________ Notary Public, State of Wisconsin My Commission: 18  VH Ardent Glen, LLC Forgewell Business Group, LLC, its Sole Member By Name: Matt Brink Title: Authorized Representative STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this _____ day of _______________, 2025, the above named Matt Brink, to me known to be a member in VH Ardent Glen, LLC, and the person who executed the foregoing instrument and acknowledged the same. Print Name ____________________ Notary Public, State of Wisconsin My Commission: Attachments: Exhibit A – Legal Description and Parcel Identification Numbers of the Property Exhibit B – Form of Surety Bond This instrument drafted by: Bryan Kleinmaier Stafford Rosenbaum LLP P.O. Box 1784 Madison, WI 53701-1784 19  EXHIBIT A LEGAL DESCRIPTION OF PROPERTY AND PARCEL IDENTIFICATION OF THE PROPERTY 20  EXHIBIT B FORM OF SURETY BOND 21