due to the covid 19 pandemic, no in-person public attendance at …€¦ · vice chairperson jack...

City of Kenosha, 625 52nd Street, Room 305, Kenosha Wisconsin 53140 | T: 262.653.4050 | [email protected] KENOSHA.ORG

Agenda Stormwater Utility Committee Meeting

TELECONFERENCE November 9, 2020

5:30PM

Chairperson Bruce Fox Alderperson Mitchell Pedersen Vice Chairperson Jack Rose Alderperson Dominic Ruffalo Alderperson David F. Bogdala Alderperson Bill Siel Call to Order Roll Call Approval of the minutes of the meetings held on October 12, 2020 & October 19, 2020. 1. Resolution by the Mayor – To Place Special Assessments against Benefited Parcels of Property on the 2020 Real Estate Tax Roll for Delinquent Storm Water Bills in an Amount not to Exceed $404,110.65. (referred to Finance) 2. Development Agreement Between the City of Kenosha, the Kenosha Water Utility, and

Home Path Financial Limited Partnership for Development South of 18th Street and West of 39th Avenue. (Ava Woods) (District 5) (CP Approved Ayes 10, Noes 0) (referred to Water and PW)

3. Update by City Engineer on Lake Michigan Water Levels. 4. Reminder November 11th Budget Meeting at 5:30pm. ALDERPERSONS' COMMENTS Due to the COVID 19 Pandemic, no in-person public attendance at this meeting is allowed. This meeting is audio-only. If you wish to listen to the meeting, dial into the meeting at 312 626 6799 or 646 558 8656.

Meeting ID: 751 838 0116

Public comments will be received on items. Persons wishing to provide public comments on a particular agenda item are encouraged to provide those comments in advance of the meeting by electronic mail to the City at [email protected], which will then be read into the Committee record during the public hearing phase. If providing a written comment, please include a subject line identifying the committee and either the agenda item number or the agenda item subject. Alternatively, persons wishing to express a comment during a noticed public hearing must have called in to the telephone number above, and will be able to express their comments when the Chair opens the item for public comments. Such comments must be relevant to the item, be made in an orderly

City of Kenosha, 625 52nd Street, Room 305, Kenosha Wisconsin 53140 | T: 262.653.4050 | [email protected] KENOSHA.ORG

manner, and be made with courtesy accorded to other speakers. Meetings of the Committee are typically video taped. The archive of the meeting is typically available for viewing two business days after the conclusion of the meeting, at http://www.kenosha.org/government/common-council/agendas-minutes-video. If you experience difficulties with both the telephone connection such that you are not able to use either due to a possible technical malfunction of the City services, please email [email protected] to alert staff to the existence of the problem. IF YOU ARE DISABLED AND NEED ASSISTANCE, PLEASE CALL 653-4020 BY NOON BEFORE THIS MEETING TO MAKE ARRANGEMENTS FOR REASONABLE ON-SITE ACCOMMODATIONS.

STORMWATER UTILITY COMMITTEE - MINUTES -

MONDAY, OCTOBER 12, 2020

5:30 PM Chairperson Bruce Fox Alderperson Mitchell Pedersen Vice Chairperson Jack Rose Alderperson Dominic Ruffalo Alderperson David F. Bogdala Alderperson Bill Siel

The regular meeting of the Stormwater Utility Committee was held on Monday October 12, 2020 via teleconference. The following members were present by telephone: Chairperson Bruce Fox, Vice Chairperson Jack Rose, Alderperson David F. Bogdala, and Alderperson Mitchell Pedersen. Alderperson Dominic Ruffalo and Alderperson Siel were excused as they were in another meeting. The meeting was called to order at 6:03PM. Staff members present were Shelly Billingsley, Director of Public Works; Brian Cater, Deputy Director/City Engineer; John Morrissey City Administrator; Curt Czarnecki, General Manager Water Utility; Ian Bagley, Water Production Water Utility; and Melissa Arnot, Assistant General Manager Water Utility.

Approval of the minutes of the meeting held on September 14, 2020. It was moved by Alderperson Rose, seconded by Alderperson Pedersen to approve. Motion passed 4-0. 1. Acceptance of Project 18-1029 22nd Avenue Reconstruction (22nd Avenue – 60th Street to 50th Street) which has been satisfactorily completed by Stark Pavement Corp. (Brookfield, Wisconsin). The final amount of the contract is $3,494,720.54. (Districts 2, 3 & 7) (referred to PW) It was moved by Alderperson Pedersen, seconded by Alderperson Rose to approve. Motion passed 4-0. 2. Disbursements for the month of September 2020. It was moved by Alderperson Pedersen, seconded by Alderperson Rose to receive and file. Motion passed 4-0. ALDERPERSONS' COMMENTS – None ADJOURNMENT – There being no further business to come before the Stormwater Utility Committee, it was moved, seconded and unanimously approved to adjourn the meeting at 6:05PM.

STORMWATER UTILITY COMMITTEE - MINUTES -

MONDAY, OCTOBER 19, 2020

5:30 PM Chairperson Bruce Fox Alderperson Mitchell Pedersen Vice Chairperson Jack Rose Alderperson Dominic Ruffalo Alderperson David F. Bogdala Alderperson Bill Siel

A special meeting of the Stormwater Utility Committee was held on Monday, October 19, 2020 via teleconference. The following members were present: Chairperson Bruce Fox, Vice Chairperson Jack Rose, Alderpersons David F. Bogdala, Mitchell Pedersen, Dominic Ruffalo and Bill Siel. The meeting was called to order at 6:05PM. Staff members in attendance were Shelly Billingsley, Director of Public Works; Brian Cater, Deputy Director of Public Works/City Engineer; Curt Czarnecki, General Manager of Water Utility and Ian Bagley, Director of Engineering of Water Utility.

1. Permanent Easement and Temporary Construction Easement Agreement between the City of Kenosha, Wisconsin and BF Properties, LLC for Parcels 03-122-03-403-032 and 034 (7213 57th Avenue and 5608 73rd Street). (District 14) It was moved by Alderperson Pedersen, seconded by Alderperson Rose to approve. Motion passed 6-0. ALDERPERSONS' COMMENTS – None ADJOURNMENT – There being no further business to come before the Public Works Committee, it was moved, seconded and unanimously approved to adjourn the meeting at 6:07PM.

RESOLUTION NO.___________

By: The Mayor

To Place Special Assessments against Benefited Parcels of Property on the 2020

Real Estate Tax Roll for Delinquent Storm Water Bills in an Amount not to

Exceed $404,110.65

BE IT RESOLVED that assessments in an amount not to exceed $404,110.65 be levied against benefited parcels of property as shown by the report on file in the Office of the City Clerk of the City of Kenosha for the year 2020. Adopted_________________day of ______________, 2020

Approved: ____________________________ ____________________

John M. Antaramian, Mayor Date

Attest:_________________________________ _____________________

Matthew Krauter, City Clerk-Treasurer Date

(SHAR.FIN/RESOLUTIONS20/2020delswuassessments.)

1

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CITY PLAN COMMISSION Staf Repot - Item #7

Thursday, November 5, 2020 at 5:00 pm

Development Agreement beween the City of Kenosha, the Kenosha Water Utility, and Home Path Financial Limited Patnership for development south of 18th Street and west of 39th Avenue. (Ava Woods) (District 5) PUBLIC HEARING

NOTIFICATIONS AND APPROVAL REQUIREMENTS:

Alderperson LaMacchia, District 5, has been notified. This item will also be reviewed by Public Works Committee and Storm Water Committee and requires approval by the Board of Water Commissioners and Common Council.

LOCATION AND ANALYSIS:

Site: Southwest corner of 18th Street and 39th Avenue

• The developer is platting an 18 Lot single family subdivision (Ava Woods). Since the development willrequire public improvements i.e., streets, sewer and water, a Development Agreement is required perChapter 17.11 of the City's Code of General Ordinances.

• The agreement which was drated by the City Attorneys ofice details all public improvements thedeveloper must make along with time lines, acceptance requirements and requirements for postingassurances for the public improvements.

RECOMMENDATION:

A recommendation is made to approve the Development Agreement.

2

Document Number

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF KENOSHA, THE KENOSHA WATER

UTILITY, AND HOME PATH FINANCIAL LIMITED PARTNERSHIP

Document Title

This space is reserved for recording data

Return to:

Office of the City Attorney 625 52nd Street, Room 201 Kenosha, WI 53140

07-222-23-101-010 Parcel Identification No.

DEVELOPMENT AGREEMENT

Between

THE CITY OF KENOSHA, WISCONSIN A Municipal Corporation

And

THE KENOSHA WATER UTILITY

A Municipal Water Utility

And

HOME PATH FINANCIAL LIMITED PARTNERSHIP A Wisconsin Limited Partnership

This Development Agreement, ("Agreement") effective as of the last date of execution is entered into between the City of Kenosha, Wisconsin, a municipal corporation duly organized and existing under the laws of the State of Wisconsin ("City"), the Kenosha Water Utility, a municipally owned public water utility duly organized and existing under the Code of General Ordinances for the City of Kenosha and Section 66.0805 of the Wisconsin Statutes ("Utility"), and Home Path Financial Limited Partnership, a Wisconsin limited partnership with principal offices located at 5116 N. 126th Street, Butler, Wisconsin 53007 ("Developer"), collectively referred to as the Parties.

WITNESSETH:

Whereas, the Developer is the owner of approximately 9.0 acres of real estate in the City of Kenosha which is legally described on attached Exhibit A and shown on the Ava Woods Subdivision final plat of subdivision attached as Exhibit B, together with the land shown on Exhibit B to be dedicated to the public for street purposes, all of which is hereafter referred to as the "Real Estate"; and,

Whereas, the Developer desires to subdivide and develop the Real Estate for single family residential purposes; and,

Whereas, the residential development of the Real Estate by the Developer requires the design, construction and installation of certain utility improvements, certain street improvements to 18th Place, 19th Street, 19th Place, CTH L, and 39th Avenue, certain stormwater management facilities, certain detention basin modifications to the St. Peter's Basin, and other improvements, collectively referred to as the "Improvements", all of which are more fully described in this Agreement; and,

Whereas, the Parties acknowledge and agree that, except as otherwise provided in this Agreement, certain of the Improvements to be made by the Developer pursuant to this Agreement are to be completed, dedicated and accepted by City and Utility, as the case may be, prior to City issuance of any Building Permits to the Developer for any improvements within the Real Estate; and,

Home Path AvaWoods Development AG 2

Whereas, the Real Estate is zoned RR-2 Suburban Single-Family Residential District SWO Shoreland Wetland Overly District and C-1 Upland Resource Conservancy District at the time of execution of this Agreement which permits the residential development set forth in this Agreement; and,

Whereas, the Plan Commission of the City and the City Public Works Committee have recommended to the Common Council and the Common Council of the City has approved the Ava Woods Subdivision final plat of subdivision attached as Exhibit B on the condition that the Developer enter into this Agreement relative to the manner and method by which the Ava Woods Subdivision is to be developed subject to the terms and conditions of this Agreement; and,

Whereas, the Utility is the accepting and approving agency for the City with respect to sanitary sewerage facilities and water supply and distribution facilities for the Ava Woods Subdivision, and the Utility is willing to approve the provision of sanitary sewerage and water supply to the Ava Woods Subdivision subject to the terms and conditions of this Agreement; and

Whereas, the Developer agrees to develop the Real Estate as provided in the Ava Woods Subdivision final plat of subdivision and this Agreement.

Now, Therefore, in consideration of the mutual promises and undertakings of the Parties, including the approval by the City of the Ava Woods Subdivision final plat of subdivision and the provision by the Utility of sanitary sewerage and water supply, the Parties agree that the Ava Woods Subdivision will be developed as provided in the final plat of subdivision and this Agreement.

I. IMPROVEMENTS BY DEVELOPER

A. Sanitary Sewerage Facilities

1. Developer, at Developer's cost and expense, shall design, construct and install sanitary sewerage facilities providing sanitary sewer service to the Real Estate, including the private sanitary sewer force main and grinder pumps serving Lots 7, 12, 13, 14, 15, 16, 17 and 18 of the Real Estate, (the "Sanitary Sewerage Facilities"), in accordance with Utility and Kenosha County specifications, the final plat of subdivision, the Sanitary Sewer Plans approved by Utility General Manager, all applicable Wisconsin Department of Natural Resources (WDNR) requirements, all applicable Federal and State environmental laws, rules, and regulations, and this Agreement, collectively referred to as the "Sanitary Sewerage Requirements." Developer, at Developer's cost and expense, shall obtain approval of the plans and specifications for the Sanitary Sewerage Facilities from Utility General Manager and the WDNR prior to construction or installation of the Sanitary Sewerage Facilities. Developer shall provide copies of all WDNR approvals to Utility upon receipt.

2. Developer, at Developer's cost and expense, shall grant Utility a Sanitary Sewer Easement and Agreement for the Sanitary Sewerage Facilities located within Lots 2, 3, 4, 5 and 9 of the Real Estate in accordance with the Sanitary Sewerage Requirements. Developer, at Developer's cost and expense shall prepare the legal description and map for the Sanitary Sewer Easement and Agreement. The Sanitary


Sewer Easement and Agreement shall be subject to approval by Utility Board of Water Commissioners upon recommendation of Utility General Manager. The Sanitary Sewer Easement and Agreement shall be recorded with the Kenosha County Register of Deeds at Developer's expense, shall be binding upon all current and subsequent owners of Lots 2, 3, 4, 5 and 9 of the Real Estate, and shall be shown on the Ava Woods Subdivision final plat of subdivision.

3. Sanitary sewer service to Lots 7, 12, 13, 14, 15, 16, 17 and 18 of the Real Estate shall be provided by Developer, at Developer's cost and expense, by means of a private sanitary sewer force main and grinder pumps. The private sanitary sewer force main shall be located within a private sanitary sewer force main access and maintenance easement to be granted by Developer. The access and maintenance easement shall be prepared by Developer, at Developer's cost and expense. The access and maintenance easement shall provide for the joint and several obligations of the owners of Lots 7, 12, 13, 14, 15, 16, 17 and 18 of the Real Estate for the inspection, maintenance, repair and replacement of the private sanitary sewer force main, the restoration of the easement area, and for the obligation of the owners of Lots 7, 12, 13, 14, 15, 16, 17 and 18 for the installation, inspection, maintenance, repair and replacement of their respective grinder pumps, wiring and conduit. The access and maintenance easement shall specifically provide that Utility shall not be responsible for the installation, inspection, maintenance, repair or replacement of the private sanitary sewer force main or any grinder pumps, wiring or conduit. The access and maintenance easement shall also specifically provide that Developer and the owners of Lots 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall release, indemnify, defend and hold harmless the City and Utility, their officers, employees, and agents from and against any claims, liability, loss, charges, damages, costs, expenses, judgments, settlement expenses and attorney's fees arising out of or in any way related to the design, construction, installation, inspection, maintenance, repair, replacement or operation of the private sanitary sewer force main or grinder pumps, wiring or conduit. The private sanitary sewer force main access and maintenance easement shall be subject to approval by Utility Board of Water Commissioners upon recommendation of Utility General Manager, shall be recorded with the Kenosha County Register of Deeds at Developer's expense, shall be binding upon all current and subsequent owners of Lots 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 of the Real Estate, and shall be shown on the Ava Woods Subdivision final plat of subdivision.

4. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency having jurisdiction over the construction and installation of the Sanitary Sewerage Facilities, prior to the construction and installation of the Sanitary Sewerage Facilities. Utility shall cooperate with Developer in obtaining all permits and approvals required by any governmental unit or regulatory agency for the construction and installation of the Sanitary Sewerage Facilities. Developer shall provide copies of all permits and approvals to Utility upon receipt.


5. Subject to Developer's compliance with the Sanitary Sewerage Requirements, Utility shall allow Developer to extend and connect the Sanitary Sewerage Facilities located in the public rights-of-way and the Sanitary Sewer Easement and Agreement required by this Agreement to the sanitary sewerage facilities of Utility at Developer's cost and expense, including payment by Developer of all fees and charges required to be paid pursuant to any applicable federal, state, county, City or Utility laws, ordinances, resolutions, rules, regulations, and this Agreement for the Sanitary Sewerage Facilities. Subject to Developer's compliance with the Sanitary Sewerage Requirements, Utility shall allow Developer, at Developer's cost and expense, to connect the private sanitary sewer force main required by this Agreement at SAN MH 3.0 and SAN MH 4.0 as shown on the Sanitary Sewer Plans approved by Utility General Manager.

6. Developer, at Developer's cost and expense, shall complete the construction and installation of the fully functional Sanitary Sewerage Facilities without defect, damage or non-conformance with the Sanitary Sewerage Requirements.

7. Developer, at Developer's cost and expense, shall provide Utility with copies of the results of all tests and inspections of the Sanitary Sewerage Facilities required by Utility. Developer, at Developer's cost and expense, shall provide Utility with copies of the results of all density tests required by Utility certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of Sanitary Sewerage Facilities trench backfill in accordance with Utility specifications.

8. Developer, at Developer's cost and expense, shall provide Utility with "as-built" plans, stamped by a professional engineer registered in the State of Wisconsin, of the Sanitary Sewerage Facilities. Developer, at Developer's cost and expense, shall provide Utility with written certification by a professional engineer registered in the State of Wisconsin that the Sanitary Sewerage Facilities were designed, constructed, installed, completed, and function as intended in accordance with the Sanitary Sewerage Requirements. The "as-built" plans shall be provided to Utility in digital form acceptable to Utility General Manager. Additionally, all final CAD files and GPS data collected to prepare the “as-built” plans shall be provided to Utility. Developer shall obtain approval of the "as-built" plans from Utility General Manager prior to City issuance of any Building Permits for any improvements within the Real Estate.

9. Developer, at Developer's cost and expense, shall provide Utility General Manager with complete itemized "as-built" costs certified by Developer's civil engineer of the Sanitary Sewerage Facilities located in the public rights-of-way and the Sanitary Sewer Easement and Agreement. Developer shall obtain approval of the "as-built" costs from Utility General Manager prior to City issuance of any Building Permits for any improvements within the Real Estate.


10. Utility shall accept the Sanitary Sewerage Facilities required to be designed, constructed and installed by Developer in accordance with the Sanitary Sewerage Requirements which are located in the public rights-of-way and the Sanitary Sewer Easement and Agreement upon the following:

a. completion of the Sanitary Sewerage Facilities in accordance with the Sanitary Sewerage Requirements, and compatibility with attached and adjacent systems, facilities and improvements.

b. construction, installation and delivery of the fully functional Sanitary Sewerage Facilities without defect, damage or nonconformance with the Sanitary Sewerage Requirements.

c. receipt by Utility of copies of the results of all tests and inspections of the Sanitary Sewerage Facilities required by Utility pursuant to Section I.A.7. of this Agreement.

d. receipt by Utility of copies of the results of all density tests required by Utility, certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of Sanitary Sewerage Facilities trench backfill in accordance with Utility specifications as required pursuant to Section I.A.7. of this Agreement.

e. approval by Utility General Manager of the stamped and certified "as-built" plans of the Sanitary Sewerage Facilities as required pursuant to Section I.A.8. of this Agreement.

f. approval by Utility General Manager of the complete itemized "as-built" costs of the Sanitary Sewerage Facilities as required pursuant to Section I.A.9. of this Agreement.

g. payment of all fees and charges required to be paid by Developer for the Sanitary Sewerage Facilities pursuant to the Code of General Ordinances and this Agreement.

h. receipt of final lien waivers from all contractors, subcontractors and suppliers.

i. certification of items a - h above by Utility General Manager.

j. acceptance by Utility Board of Water Commissioners upon recommendation of Utility General Manager of the Sanitary Sewerage Facilities which are located in its public rights-of-way and the Sanitary Sewer Easement and Agreement.

k. acceptance by Utility Board of Water Commissioners upon recommendation of Utility General Manager of the Water Supply and Distribution Facilities which are located in the public rights-of-way.


l. acceptance by the Common Council of the City of Kenosha of the Streets upon recommendation of City Engineer and the City of Kenosha Board of Public Works.

11. Developer, at Developer's cost and expense, shall be responsible for the maintenance and operation of the Sanitary Sewerage Facilities located in the public rights-of-way and the Sanitary Sewer Easement and Agreement, including locate requests, unless and until Sanitary Sewerage Facilities are accepted by Utility. Upon acceptance, Utility shall have full jurisdiction and ownership of the Sanitary Sewerage Facilities located in the public rights-of-way and the Sanitary Sewer Easement and Agreement required by this Agreement and shall be responsible for their maintenance and operation subject to the guarantee and indemnification by the Developer provided in this Agreement.

12. The Sanitary Sewerage Facilities located in the public rights-of-way and the Sanitary Sewer Easement and Agreement shall be installed, functional and accepted by Utility not later than fifteen (15) months from the last date of execution of this Agreement and prior to City issuance of any Building Permits for any improvements within the Real Estate. The private sanitary sewer force main required by this Agreement shall be installed and functional not later than fifteen (15) months from the last date of execution of this Agreement and prior to City issuance of any Building Permits for any improvements within the Real Estate. Developer's failure to comply with the provisions of this Section I.A.12. shall constitute a default under this Agreement.

B. Water Supply and Distribution Facilities

1. Developer, at Developer's cost and expense, shall design, construct, and install, water supply and distribution facilities providing water service to the Real Estate, including the mains and appurtenances which abut land for any public purpose, (the "Water Supply and Distribution Facilities"), in accordance with Utility specifications, the final plat of subdivision, the Water Main Plans approved by Utility General Manager, all applicable WDNR requirements, all applicable Federal and State environmental laws, rules, and regulations, and this Agreement, collectively referred to as the "Water Supply and Distribution Requirements." Developer, at Developer's cost and expense, shall obtain approval of the plans and specifications for the Water Supply and Distribution Facilities from Utility General Manager and the WDNR prior to construction or installation of the Water Supply and Distribution Facilities. Developer shall provide copies of all WDNR approvals to Utility upon receipt.

2. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency having jurisdiction over the construction and installation of the Water Supply and Distribution Facilities prior to construction and installation of the Water Supply and Distribution Facilities. Utility shall cooperate with Developer in obtaining all permits and approvals required by any governmental unit or regulatory agency for the construction and installation of the


Water Supply and Distribution Facilities. Developer shall provide copies of all permits and approvals to Utility upon receipt.

3. Subject to Developer's compliance with the Water Supply and Distribution Requirements, Utility shall allow Developer to extend and connect the Water Supply and Distribution Facilities to the water supply and distribution facilities of Utility at Developer's cost and expense, including payment by Developer of all fees and charges required to be paid pursuant to any applicable federal, state, county, City or Utility laws, ordinances, resolutions, rules, regulations, and this Agreement for the Water Supply and Distribution Facilities.

4. Developer, at Developer's cost and expense, shall complete the construction and installation of the fully functional Water Supply and Distribution Facilities without defect, damage or non-conformance with the Water Supply and Distribution Requirements.

5. Developer, at Developer's cost and expense, shall provide Utility with copies of the results of all tests and inspections of the Water Supply and Distribution Facilities required by Utility. Developer, at Developer's cost and expense, shall provide Utility with copies of the results of all density tests required by Utility certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of the Water Supply and Distribution Facilities trench backfill in accordance with Utility specifications.

6. Developer, at Developer's cost and expense, shall provide Utility with "as-built" plans, stamped by a professional engineer registered in the State of Wisconsin, of the Water Supply and Distribution Facilities. Developer, at Developer's cost and expense, shall provide Utility with written certification by a professional engineer registered in the State of Wisconsin that the Water Supply and Distribution Facilities were designed, constructed, installed, completed, and function as intended in accordance with the Water Supply and Distribution Requirements. The "as-built" plans shall be provided to Utility in digital form acceptable to Utility General Manager. Additionally, all final CAD files and GPS data collected to prepare the “as-built” plans shall be provided to Utility. Developer shall obtain approval of the "as-built" plans from Utility General Manager prior to City issuance of any Building Permits for any improvements within the Real Estate.

7. Developer, at Developer's cost and expense, shall provide Utility General Manager with complete itemized "as-built" costs certified by Developer's civil engineer of the Water Supply and Distribution Facilities. Developer shall obtain approval of the "as-built" costs from Utility General Manager prior to City issuance of any Building Permits for any improvements within the Real Estate.

8. Utility shall accept the Water Supply and Distribution Facilities required to be designed, constructed and installed by Developer in accordance with the Water


Supply and Distribution Requirements which are located in the public rights-of-way upon the following:

a. completion of the Water Supply and Distribution Facilities in accordance with the Water Supply and Distribution Requirements, and compatibility with attached and adjacent systems, facilities and improvements.

b. construction, installation and delivery of the fully functional Water Supply and Distribution Facilities without defect, damage or nonconformance with the Water Supply and Distribution Requirements.

c. receipt by Utility of copies of the results of all tests and inspections of the Water Supply and Distribution Facilities required by Utility pursuant to Section I.B.5. of this Agreement.

d. receipt by Utility of copies of the results of all density tests required by Utility certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of the Water Supply and Distribution Facilities trench backfill in accordance with Utility specifications as required pursuant to Section I.B.5. of this Agreement.

e. approval by Utility General Manager of the stamped and certified "as-built" plans of the Water Supply and Distribution Facilities as required pursuant to Section I.B.6. of this Agreement.

f. approval by Utility General Manager of the complete itemized "as-built" costs of the Water Supply and Distribution Facilities as required pursuant to Section I.B.7. of this Agreement.

g. payment of all fees and charges required to be paid by Developer for the Water Supply and Distribution Facilities pursuant to the Code of General Ordinances and this Agreement.

h. receipt of final lien waivers from all contractors, subcontractors and suppliers.

i. certification of items a - h above by Utility General Manager.

j. acceptance by Utility Board of Water Commissioners upon recommendation of Utility General Manager of the Water Supply and Distribution Facilities which are located in the public rights-of-way.

k. acceptance by Utility Board of Water Commissioners upon recommendation of Utility General Manager of the Sanitary Sewerage Facilities which are located in the public rights-of-way and the Sanitary Sewer Easement and Agreement.


l. acceptance by the Common Council of the City of Kenosha of the Streets upon recommendation of City Engineer and the City of Kenosha Board of Public Works.

9. Developer, at Developer's cost and expense, shall be responsible for the maintenance and operation of the Water Supply and Distribution Facilities located in the public rights-of-way, including locate requests, unless and until the Water Supply and Distribution Facilities are accepted by Utility. Upon acceptance, Utility shall have full jurisdiction and ownership of the Water Supply and Distribution Facilities located in the public rights-of-way required by this Agreement and shall be responsible for their maintenance and operation subject to the guarantee and indemnification by the Developer provided in this Agreement.

10. The Water Supply and Distribution Facilities located in the public rights-of-way shall be installed, functional and accepted by Utility not later than fifteen (15) months from the last date of execution of this Agreement and prior to City issuance of any Building Permits for any improvements within the Real Estate. Developer's failure to comply with the provisions of this Section I.B.10. shall constitute a default under this Agreement.

C. Stormwater Management Facilities

1. Developer, at Developer's cost and expense, shall design, construct and install the stormwater management facilities located within the Real Estate and the public rights-of-way, including storm and surface water management facilities. Developer, at Developer's cost and expense, shall design, construct and install the detention basin modifications to the St. Peter's Basin. The foregoing stormwater management facilitates and the detention basin modifications to the St. Peter's Basin are collectively referred to as the "Stormwater Management Facilities". The Stormwater Management Facilities shall be designed, constructed and installed in accordance with City specifications, the final plat of subdivision, the Stormwater Management Plans approved by City Engineer, the Storm Sewer Plans approved by City Engineer, the approved Stormwater Management Facilities Maintenance Agreement, the approved Detention Basin Modification Agreement between the City of Kenosha, Board of Park Commissioners of the City of Kenosha and Home Path Financial Limited Partnership for the detention basin modifications to the St. Peter's Basin, all applicable WDNR requirements, all applicable Federal and State environmental laws, rules and regulations, and this Agreement, collectively referred to as the "Stormwater Management Requirements."

2. Developer, at Developer's cost and expense, shall apply for and obtain a Post Construction Runoff Permit from City and shall submit to City any required financial guarantee all in accordance with Chapter XXXVI of the Code of General Ordinances for the City of Kenosha entitled Post-Construction Stormwater Management Ordinance. No land disturbing construction activity as defined in Chapter XXXVI of the Code of General Ordinances shall be permitted by Developer until the Post-


Construction Runoff Permit is issued to Developer by City. All land disturbing construction activities and the design, construction, installation and maintenance of the Stormwater Management Facilities shall be done in compliance with Chapter XXXVI of the Code of General Ordinances, the Stormwater Management Requirements, the approved Stormwater Management Facilities Maintenance Agreement, the approved Detention Basin Modification Agreement between the City of Kenosha, Board of Park Commissioners of the City of Kenosha and Home Path Financial Limited Partnership for the detention basin modifications to the St. Peter's Basin, and the Post-Construction Runoff Permit issued to Developer.

3. Developer shall install and connect sump pump discharge lines to the storm sewer located in the public rights-of-way in accordance with Section 5.115 of the Code of General ordinances for the City of Kenosha, as may be amended from time to time. Sump pump laterals shall terminate inside the house and be equipped with a clean out. No part of the sump pump discharge line shall have less than two (2) feet of earth cover if insulated, or less than three (3) feet of earth cover if uninsulated. Developer, at Developer's cost and expense, shall install tracer wires on all storm sewer mains and laterals, including sump pump laterals, in accordance with City specifications.

4. Prior to execution of this Agreement by City and Utility, Developer shall pay City a stormwater management fee of $50,490.00 pursuant to Section 36.07 of the Code of General Ordinances for the City of Kenosha, being $22,500.00 per acre foot for 2.244 acre feet of storm water detention in the St. Peter's Basin in lieu of constructing additional Stormwater Management Facilities on the Real Estate to control the storm water release rate from the Real Estate in accordance with the Stormwater Management Requirements.

5. Developer, at Developer's cost and expense, shall prepare all plans, specifications, and calculations for all Stormwater Management Facilities and submit them to City Engineer for written approval which must be obtained prior to construction and installation of the Stormwater Management Facilities. The Stormwater Management Facilities shall comply with the performance standards set forth in Section 36.07 of the Code of General Ordinances for the City of Kenosha, the Stormwater Management Requirements, and the Post-Construction Runoff Permit issued to Developer.

6. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by the WDNR or any other governmental unit or regulatory agency having jurisdiction over the construction and installation of the Stormwater Management Facilities prior to the construction and installation of the Stormwater Management Facilities. City shall cooperate with Developer in obtaining all permits and approvals required by the WDNR or any other governmental unit or regulatory agency for the construction and installation of the Stormwater Management Facilities. Developer shall provide copies of all permits and approvals to City upon receipt.


7. Developer shall grant to City a permanent Storm Water Drainage, Access and Maintenance Easement for the Stormwater Management Facilities located within the Real Estate. The Storm Water Drainage, Access and Maintenance Easement, the easement provisions regarding the Storm Water Drainage, Access and Maintenance Easement, and the restrictive covenants regarding the maintenance of the Stormwater Management Facilities located within the Storm Water Drainage, Access and Maintenance Easement shall be shown on the Ava Woods Subdivision final plat of subdivision and shall be subject to approval by the Common Council of the City of Kenosha upon recommendation by City Engineer, the City Plan Commission, the City of Kenosha Board of Public Works, and the Stormwater Utility Committee.

8. Except for Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin accepted by City, title to all Stormwater Management Facilities which include but are not limited to channels, storm sewers and outlet structures located within the Real Estate or any easement located within the Real Estate as shown on the Ava Woods Subdivision final plat of subdivision, the approved Stormwater Management Plans, and the approved Storm Sewer Plans, shall be retained by Developer, the Developer's successors, assigns, and successors in title, including the owners of Lots 1 through 18 of Ava Woods Subdivision. Developer, the Developer's successors, assigns, and successors in title, including the owners of Lots 1 through 18 of Ava Woods Subdivision shall be responsible for the inspection, maintenance and operation of all Stormwater Management Facilities, except the Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin accepted by City, and shall enter into a Stormwater Management Facilities Maintenance Agreement with City in accordance with Section 36.10 of the Code of General Ordinances to provide for their inspection, maintenance and operation. The Stormwater Management Facilities Maintenance Agreement shall be subject to approval by the Common Council for the City of Kenosha upon recommendation by City Engineer and the Stormwater Utility Committee. The Stormwater Management Facilities Maintenance Agreement shall be recorded with the Kenosha County Register of Deeds at Developer's expense and shall be binding upon all current and subsequent owners of the Real Estate and any Lot(s) within the Real Estate. The Stormwater Management Facilities Maintenance Agreement shall include among its provisions the following:

a. identification of the Stormwater Management Facilities and designation of the drainage area served by the Stormwater Management Facilities.

b. a schedule for the regular inspection, maintenance, repair, replacement, and operation of the Stormwater Management Facilities consistent with the Stormwater Management Plans.

c. identification of the party(ies) responsible for the inspection, maintenance, repair, replacement, and operation of the Stormwater Management Facilities.


d. requirement that the responsible party(ies) inspect, maintain, repair, replace, and operate the Stormwater Management Facilities in accordance with the schedule included in subparagraph b. above.

e. authorization for City to access the Real Estate and any Lot(s) within the Real Estate to conduct inspections of the Stormwater Management Facilities as necessary to determine whether they are being maintained, repaired, replaced, and operated in accordance with the Stormwater Management Facilities Maintenance Agreement.

f. requirement that City maintain public records of the results of any City inspections of the Stormwater Management Facilities, to inform the responsible party(ies) of the inspection results, and to specifically indicate any corrective actions required to bring the Stormwater Management Facilities into proper working condition.

g. agreement that the party(ies) responsible for the inspection, maintenance, repair, replacement, and operation of the Stormwater Management Facilities be notified by City of any maintenance problems requiring correction and that any specified corrective actions be undertaken within a reasonable time as determined by City.

h. authorization for City to perform or have performed on City's behalf, inspection, maintenance, repairs, or replacements of the Stormwater Management Facilities upon the failure of the responsible party(ies) to do so as directed by City and to impose a special charge pursuant to Section 66.0627 of the Wisconsin Statutes against the owners of the Real Estate and any Lot(s) within the Real Estate for the charges incurred by City in performing or having performed on City's behalf the inspection, maintenance, repairs or replacement to the Stormwater Management Facilities which are the subject of the Stormwater Management Facilities Maintenance Agreement.

9. Developer, at Developer's cost and expense, shall complete the construction and installation of the fully functional Stormwater Management Facilities within the Real Estate to the St. Peter's Basin without defect, damage or non-conformance with the Stormwater Management Requirements.

10. Developer, at Developer's cost and expense, shall provide City with copies of the results of all tests and inspections of the Stormwater Management Facilities required by City. Developer, at Developer's cost and expense, shall provide City with copies of the results of all density tests required by City certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of Stormwater Management Facilities trench backfill in accordance with City specifications.

11. Developer, at Developer's cost and expense, shall provide City with "as-built" plans, stamped by a professional engineer registered in the State of Wisconsin, of the


Stormwater Management Facilities, including the detention basin modifications to the St. Peter's Basin. Developer, at Developer's cost and expense, shall provide City with written certification by a professional engineer registered in the State of Wisconsin that the Stormwater Management Facilities, including the detention basin modifications to the St. Peter's Basin, were designed, constructed, installed, completed, and function as intended in accordance with Chapter XXXVI of the Code of General Ordinances for the City of Kenosha, the Stormwater Management Requirements, the approved Stormwater Management Facilities Maintenance Agreement, the approved Detention Basin Modification Agreement between the City of Kenosha, Board of Park Commissioners of the City of Kenosha and Home Path Financial Limited Partnership for the detention basin modifications to the St. Peter's Basin, and the Post-Construction Runoff Permit issued to Developer. The "as-built" plans shall be provided to City in digital form acceptable to City Engineer. Additionally, all final CAD files and GPS data collected to prepare the “as-built” plans shall be provided to City. Developer shall obtain approval of the "as-built" plans from City Engineer prior to City issuance of any Building Permits for any improvements within the Real Estate.

12. City and City Board of Park Commissioners, as the case may be, shall accept the Stormwater Management Facilities required to be designed, constructed, and installed by Developer in accordance with the Stormwater Management Requirements which are located in the public rights-of-way and the St. Peter's Basin upon the following:

a. completion of the Stormwater Management Facilities in accordance with the Stormwater Management Requirements, and compatibility with attached and adjacent systems, facilities and improvements.

b. construction, installation and delivery of the fully functional Stormwater Management Facilities without defect, damage or nonconformance with the Stormwater Management Requirements.

c. receipt by City of copies of the results of all tests and inspections of the Stormwater Management Facilities required by City pursuant to Section I.C.10. of this Agreement.

d. receipt by City of copies of the results of all density tests required by City, certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of Stormwater Management Facilities trench backfill in accordance with City specifications as required pursuant to Section I.C.10. of this Agreement.

e. approval by City Engineer of the stamped and certified "as-built" plans of the Stormwater Management Facilities, including the detention basin modifications to the St. Peter's Basin, required pursuant to Section I.C.11. of this Agreement.


f. receipt by City of the Stormwater Management Facilities Maintenance Agreement for the inspection, maintenance and operation of the Stormwater Management Facilities located within the Real Estate in form acceptable to City.

g. payment of all fees and charges required to be paid by the Developer pursuant to the Code of General Ordinances for the City of Kenosha and this Agreement for the Stormwater Management Facilities.

h. receipt of final lien waivers from all contractors, subcontractors, and suppliers.

i. certification of items a - h above by City Engineer.

j. acceptance by the City Board of Park Commissioners and Common Council of the City of Kenosha, as the case may be, upon recommendation by City Engineer and the Stormwater Utility Committee of the Stormwater Management Facilities.

13. Developer, at Developer's cost and expense, shall be responsible for the inspection, maintenance and operation of the Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin unless and until the Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin are accepted by City and City Board of Park Commissioners, as the case may be. Upon acceptance of the Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin, City and City Board of Park Commissioners, as the case may be, shall have full jurisdiction and ownership of the Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin and shall be responsible for their maintenance and operation, subject to the guarantee and indemnification by the Developer provided in this Agreement.

14. Developer shall indemnify, defend and hold harmless City, the Utility, City Board of Park Commissioners, their officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, liability, loss, charges, damages, costs, expenses, judgments, settlement expenses and attorney fees (the “Damages”), which any of the Indemnified Parties may hereafter sustain, incur or be required to pay arising out of, or in any way related to, the design, construction, installation, maintenance, and operation of the Stormwater Management Facilities required by the final plat of subdivision and this Agreement which causes storm and surface water to flow in full or part upon any public or private property (a “Triggering Event”). Upon the filing with City, City Board of Park Commissioners or Utility of a claim for Damages arising out of a Triggering Event, the City, City Board of Park Commissioners or Utility shall notify Developer of such claim, and in the event that Developer does not settle or otherwise compromise such claim, Developer shall undertake the legal defense of such claim on behalf of Developer and City, City Board of Park Commissioners, and/or Utility and their officers, employees and agents. It is


specifically agreed that City, City Board of Park Commissioners and/or Utility, at City's, City's Board of Park Commissioners and/or Utility's cost and expense, may participate in the legal defense of any such claim. Any judgment, final beyond all possibility of appeal, which may be rendered against City, City Board of Park Commissioners, and/or Utility or any of their officers, employees or agents for for which Developer is liable herewith shall be conclusive against Developer as to liability and the amount of damages. Any Damages sustained, incurred or paid by City, City Board of Park Commissioners, and/or Utility, their officers, employees or agents arising out of a Triggering Event, shall be reimbursed through Developer's assurances required pursuant to this Agreement or through such other means as the City, City Board of Park Commissioners, and/or Utility, in their sole discretion, deem appropriate. This paragraph shall survive installation of the Stormwater Management Facilities to effectuate its purpose.

15. The Stormwater Management Facilities shall be installed and functional, and the Stormwater Management Facilities located within the public rights-of-way and the St. Peter's Basin shall be accepted by City and City Board of Park Commissioners, as the case may be, not later than fifteen (15) months from the last date of execution of this Agreement and prior to City issuance of any Building Permits for any improvements within the Real Estate. Developer's failure to comply with the provisions of this Section I.C.15. shall constitute a default under this Agreement.

D. Streets, Curbs, Gutters and Storm Sewers

1. Developer, at Developer's cost and expense, shall design, construct, and install all street Improvements, curbs, gutters and storm sewers on 18th Place, 19th Street, 19th Place, CTH L, and 39th Avenue, including the temporary turnaround at the west terminus of 19th Street as depicted on Exhibit “C” (collectively, the "Streets"), in accordance with City and Kenosha County specifications, the final plat of subdivision, the Street Plans approved by City Engineer and Kenosha County, as the case may be, all applicable WDNR requirements, all applicable Federal and State environmental laws, rules, and regulations, and this Agreement, collectively referred to as the "Streets Requirements". Developer, at Developer's cost and expense shall obtain all required permits and approvals of the plans and specifications for the design, construction, and installation of all Streets from City Engineer and Kenosha County prior to construction or installation of the Streets.

2. Developer, at Developer's cost and expense, shall grant City a Temporary Turnaround Easement and Agreement for the west terminus of 19th Street in accordance with the Streets Requirements. Developer, at Developer's cost and expense, shall prepare the legal description and map for the Temporary Turnaround Easement and Agreement. The Temporary Turnaround Easement and Agreement shall be subject to approval by the Common Council of the City of Kenosha upon the recommendation of City Engineer and the City of Kenosha Board of Public Works. The Temporary Turnaround Easement and Agreement shall be recorded with the Kenosha County Register of Deeds at Developer's expense, shall be binding upon all current and


subsequent owners of Lots 9 and 10 of the Real Estate, and shall be shown on the Ava Woods Subdivision final plat of subdivision.

3. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency having jurisdiction over the construction and installation of the Streets prior to construction and installation of the Streets. City shall cooperate with Developer in obtaining all permits and approvals required by any governmental unit or regulatory agency for the construction and installation of the Streets. Developer shall provide copies of all permits and approvals to City upon receipt.

4. Developer, at Developer's cost and expense, shall grade all Streets to approved subgrade prior to the installation of any utilities located within the public rights-of-way. Developer, at Developer's cost and expense, shall provide City with "as-built" plans of the Streets subgrades stamped by a professional engineer registered in the State of Wisconsin. Developer, at Developer's cost and expense, shall provide City with written certification by a professional engineer registered in the State of Wisconsin that the Streets subgrades were designed, constructed, installed, completed and function as intended in accordance with the Streets Requirements. The "as-built" subgrade plans shall be provided to City in digital form acceptable to City Engineer. Additionally, all final CAD files and GPS data collected to prepare the “as-built” plans shall be provided to City. Developer shall obtain approval of the "as-built" subgrade plans from City Engineer prior to the installation of any utilities located within the public rights-of-way.

5. Developer shall not perform any street paving or install any curbs and gutters after November 15th of any calendar year without the express written approval of City Engineer. No street paving or curb and gutter installation will be permitted after December 1st of any calendar year. Street paving and installation of curb and gutter may commence after April 15th of any calendar year with the approval of City Engineer. Developer shall not perform any street paving within Kenosha County public rights-of-way during any portion of the calendar year prohibited by Kenosha County.

6. Developer, at Developer's cost and expense, shall provide City with copies of the results of all tests and inspections of the Streets required by City and Kenosha County. Developer, at Developer's cost and expense, shall provide City with copies of the results of all density tests required by City and Kenosha County certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of the Streets in accordance with City and Kenosha County specifications.

7. Developer, at Developer's cost and expense, shall provide City with "as-built" plans of the Streets stamped by a professional engineer registered in the State of Wisconsin. Developer, at Developer's cost and expense, shall provide City with written certification by a professional engineer, registered in the State of Wisconsin, that the


Streets were designed, constructed, installed, completed, and function as intended in accordance with the Streets Requirements. The "as-built" plans shall be provided to City in digital form acceptable to City Engineer. Developer shall obtain approval of the “as-built” plans from City Engineer prior to City issuance of any Building Permits for any improvements with the Real Estate.

8. City shall accept the Streets required to be designed, constructed, and installed by Developer in accordance with the Streets Requirements which are located in City public rights-of-way upon the following:

a. completion of the Streets in accordance with the Streets Requirements, and compatibility with attached and adjacent systems, facilities and improvements.

b. construction, installation and delivery of the fully functional Streets without defect, damage or nonconformance with the Streets Requirements.

c. receipt by City of copies of the results of all tests and inspections of the Streets required by City pursuant to Section I.D.6. of this Agreement.

d. receipt by City of copies of the results of all density tests required by City certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of the Streets in accordance with City specifications as required pursuant to Section I.D.6. of this Agreement.

e. approval by City Engineer of the stamped and certified "as-built" plans of the Streets required pursuant to Section I.D.7. of this Agreement.

f. payment of all fees and charges required to be paid by Developer pursuant to the Code of General Ordinances for the City of Kenosha and this Agreement for the Streets.

g. receipt of final lien waivers from all contractors, subcontractors, and suppliers.

h. certification of items a - g above by City Engineer.

i. acceptance by the Common Council of the City of Kenosha upon recommendation by City Engineer and the City of Kenosha Board of Public Works of the Streets.

9. Developer, at Developer's cost and expense, shall be responsible for the maintenance of the Streets located within City public rights-of-way in accordance with City specifications, including snow plowing, unless and until the Streets are accepted by City. Except as otherwise provided in this Section I.D.9., upon acceptance of the Streets located within City public rights-of-way, City shall have full jurisdiction and ownership of the Streets, and shall be responsible for their maintenance subject to the


guarantee and indemnification by the Developer provided in this Agreement. Upon acceptance of the Streets located within City public rights-of-way and until completion of all of the improvements within the Real Estate, City shall periodically conduct an inspection of 18th Place, 19th Street, 19th Place, and 39th Avenue, including the Temporary Turnaround Easement Area at the west terminus of 19th Street. Any damage to the Streets and the Temporary Turnaround Easement Area relating to the construction of the improvements within the Real Estate discovered during any inspection by City shall be removed, repaired and replaced at Developer's cost and expense as directed by City Engineer. Failure of Developer to perform the required corrective action in the specified time following written notice from City Engineer shall constitute a default under this Agreement whereupon the City may do or cause the work to be done and charge the cost for the work against any assurances provided pursuant to this Agreement or impose a special charge and/or special assessment against the Real Estate or any Lot(s) within the Real Estate.

10. Developer, at Developer's cost and expense, shall be responsible for the maintenance of the Temporary Turnaround Easement Area, including snow plowing, unless and until the Streets located within the City public rights-of-way are accepted by City. Upon acceptance of the Streets located within the City public rights-of-way and subject to Section I.D.9. of this Agreement, City shall maintain the Temporary Turnaround Easement subject to the guarantee and indemnification by the Developer provided in this Agreement until such time as the Temporary Turnaround Easement and this Agreement is terminated.

11. The Streets located within the City public rights-of-way shall be completed, dedicated, and accepted by City and Kenosha County, as the case may be, not later than twelve (12) months from the last date of execution of this Agreement and prior to City issuance of any Building Permits for any improvements within the Real Estate. The Temporary Turnaround Easement Area shall be completed and accepted by City not later than twelve (12) months from the last date of execution of this Agreement and prior to City issuance of any Building Permits for any improvements within the Real Estate. Developer's failure to comply with the provisions of this Section I.D.11. shall constitute a default under this Agreement.

E. Other Utilities and Utility Easements

1. Developer, at Developer's cost and expense, shall locate and install all other utilities throughout the Real Estate in accordance with utility specifications, the final plat of subdivision, the plans approved by City Engineer, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations. Developer, at Developer's cost and expense, shall obtain approval of the plans and specifications for the location and installation of the utilities from City Engineer and Utility General Manager.


2. Developer, at Developer's cost and expense shall provide easements for utilities which shall be shown on the final plat of subdivision for the Real Estate and the plans approved by City Engineer and Utility General Manager.

3. Easements for utilities may be modified or terminated only by City, Utility, or other utility and only in the event City, Utility or other utility determine that the easement, in full or in part, is no longer required to provide essential service.

F. Erosion Control

1. Developer, at Developer's cost and expense, shall prepare and submit to City an Erosion and Sediment Control Plan for the Improvements required to be made by Developer pursuant to this Agreement, including the detention basin modifications to the St. Peter's Basin, in accordance with Chapter XXXIII of the Code of General Ordinances for the City of Kenosha entitled Land-Disturbing Erosion and Sediment Control Ordinance. Developer, at Developer's cost and expense, shall apply for and obtain an Erosion Control Permit from City for the Improvements required to be made by Developer pursuant to this Agreement, including the detention basin modifications to the St. Peter's Basin, and shall submit to City the cash assurance all in accordance with Chapter XXXIII of the Code of General Ordinances. No land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances shall be permitted by Developer until the Erosion and Sediment Control Plan is approved by City, the cash assurance is paid to City, and the Erosion Control Permit is issued by City. All land disturbing construction activities undertaken by Developer shall be done in compliance with Chapter XXXIII of the Code of General Ordinances, the approved Erosion and Sediment Control Plan, the Erosion Control Permit, all permits required by any governmental unit or regulatory agency, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations. The Erosion and Sediment Control Plan shall include the location and duration of "Soil Stockpiles" as defined in Chapter XXXIII of the Code of General Ordinances. Developer, at Developer's cost and expense, shall remove all Soil Stockpiles prior to City issuance of any Building Permits for any improvements within the Real Estate.

2. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency in any way related to erosion and sediment control for the Improvements required to be made by Developer pursuant to this Agreement, including the detention basin modifications to the St. Peter's Basin, prior to commencement by Developer of any land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances. Developer shall provide copies of all permits and approvals to City upon receipt.


G. Grading

1. Developer, at Developer's cost and expense, shall grade the Real Estate and the St. Peter's Basin for the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement in accordance with City specifications, the final plat of subdivision, the Grading Plans approved by City Engineer, the St. Peter's Stormwater Retention Basin Enlargement Plans approved by City Engineer, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules and regulations. Approval of the Grading Plans and the St. Peter's Stormwater Retention Basin Enlargement Plans shall be obtained from City Engineer prior to commencement by Developer of any land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances.

2. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency in any way related to the grading for the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin, prior to commencement by Developer of any land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances. Developer shall provide copies of all permits and approvals to City upon receipt.

3. Developer, at Developer's cost and expense, shall provide City with "as-built" grading plans for the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin, stamped by a professional engineer registered in the State of Wisconsin. Developer, at Developer's cost and expense, shall provide City, with written certification by a professional engineer registered in the State of Wisconsin that the grading was designed, constructed, installed, completed, and functions as intended in accordance with the approved Grading Plans, the approved St. Peter's Stormwater Retention Basin Enlargement Plans, the Code of General Ordinances for the City of Kenosha, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations. The "as-built" grading plans for the Real Estate shall include, but shall not be limited to, the grades at property corners, the street grade in front of each lot, the recommended basement floor grade, and swale elevations if swales are required. The "as-built" grading plans shall be provided to City in digital form acceptable to City Engineer. Additionally, all final CAD files and GPS data collected to prepare the “as-built” plans shall be provided to City. Developer shall obtain approval of the "as-built" grading plans for the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin, from City Engineer prior to City issuance of any Building Permits for any improvements within the Real Estate.


H. LED Street Lighting

1. Developer, at Developer's cost and expense, shall design and install a complete system of LED street lighting throughout the Real Estate (the "Street Lighting"), in accordance with City specifications, the final plat of subdivision, the Lighting Plan approved by City Engineer, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations, and this Agreement, collectively referred to as the "Street Lighting Requirements." Developer, at Developer's cost and expense, shall provide City with all shop drawings and cut sheets for the Street Lighting and shall obtain approval of the Street Lighting from City Engineer prior to construction and installation of the Street Lighting.

2. Developer, at Developer's cost and expense, shall coordinate the installation of the Street Lighting with WE Energies and shall be responsible for all costs of installation of the Street Lighting.

3. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency for the construction and installation of the Street Lighting prior to construction and installation of the Street Lighting. Developer shall provide copies of all permits and approvals to City upon receipt.

4. Developer, at Developer's cost and expense, shall provide City with "as-built" plans

of the Street Lighting, including street light conduits and pull boxes, stamped by a professional engineer registered in the State of Wisconsin. Developer, at Developer's cost and expense, shall provide City with written certification by a professional engineer registered in the State of Wisconsin that the Street Lighting, including street light conduits and pull boxes, were designed, constructed, installed, completed, and function as intended in accordance with the Street Lighting Requirements. The "as-built" plans of the Street Lighting shall be provided to City in digital form acceptable to City Engineer. Additionally, all final CAD files and GPS data collected to prepare the “as-built” plans shall be provided to City. Developer shall obtain approval of the "as-built" plans of the Street Lighting from City Engineer prior to City issuance of any Building Permits for any improvements within the Real Estate.

5. The Street Lighting in the public rights-of-way shall be installed, functional and accepted by City prior to City issuance of any Building Permits for any improvements within the Real Estate.

6. The Street Lighting in the public rights-of-way shall be completed and presented to City for acceptance concurrent with Developer presenting the Streets to City for acceptance. Developer's failure to comply with the provisions of this Section I.H.6. shall constitute a default under this Agreement.


7. City shall accept the Street Lighting required to be designed and installed by Developer in accordance with the Street Lighting Requirements located in the public rights-of-way upon the following:

a. completion of the Street Lighting in accordance with the Street Lighting Requirements, and compatibility with attached and adjacent systems, facilities and improvements.

b. construction, installation and delivery of the fully functional Street Lighting without defect, damage or nonconformance with the Street Lighting Requirements.

c. receipt of final lien waivers from all contractors, subcontractors, and suppliers.

d. payment to City for the annual fees and cost of operation of the Street Lighting between the time of installation and acceptance by City.

e. approval by City Engineer of the stamped and certified "as-built" plans of the Street Lighting, including street light conduits and pull boxes, as required pursuant to Section I.H.4. of this Agreement.

f. certification of items a - e above by City Engineer.

g. acceptance by the Common Council of the City of Kenosha upon recommendation by City Engineer and the City of Kenosha Board of Public Works of the Street Lighting.

h. acceptance by the Common Council of the City of Kenosha upon recommendation by City Engineer and the City of Kenosha Board of Public Works of the Streets.

8. Developer, at Developer's cost and expense, shall be responsible for the maintenance, annual fees and cost of operation of the Street Lighting located within the public rights-of-way unless and until the Street Lighting located within the public rights-of-way is accepted by City. Upon acceptance of the Street Lighting, City shall be responsible for its maintenance and cost of operation subject to the guarantee and indemnification by the Developer provided in this Agreement. Developer shall maintain full jurisdiction and ownership of Street Lighting located in the public rights-of-way until and unless said jurisdiction and ownership is transferred to WE Energies.

I. Landscaping

1. Developer, at Developer cost and expense, shall design and install landscaping throughout the public rights-of-way of the Real Estate in accordance with City specifications, the final plat of subdivision, the Landscaping Plans approved by City


Engineer, Section 17.10 M. of the Code of General Ordinances for the City of Kenosha, as may be amended from time to time, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations, and this Agreement, collectively referred to as the "Landscaping Requirements." Developer, at Developer's cost and expense, shall obtain approval of the Landscaping Plans from City Engineer prior to installation of the Landscaping.

2. Developer, at Developer's cost and expense, shall protect existing trees within the Real Estate in accordance with Section 34.10 of the Code of General Ordinances for the City of Kenosha entitled Tree Protection and shall apply for and obtain a Tree Protection Permit from City prior to commencement by Developer of any land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances. Moreover, no Protected Trees within the C-1 Upland Resource Conservancy of the Real Estate may be removed by the Developer. Developer's agent, successors, assigns, and successors in title. "Protected Trees" shall mean any tree which has a diameter measured at fifty-four (54") inches from grade, of three (3") inches or greater.

3. Developer, at Developer's cost and expense, shall remove and lawfully dispose of all rubbish, dead trees, branches, brush, tree trunks, shrubs, and other natural growth inconsistent with the approved Landscaping Plans.

4. Developer, at Developer's cost and expense, shall finish grade all lawn park areas as defined in Section 5.051 of the Code of General Ordinances for the City of Kenosha located on the Real Estate with six (6) inches of topsoil.

J. Sidewalks

1. Developer, at Developer's cost and expense, shall design, construct, and install sidewalks throughout the Real Estate, collectively referred to as the "Sidewalks", in accordance with City specifications, the final plat of subdivision, the Street Plans approved by City Engineer, the Americans With Disabilities Act standards and guidelines, Section 5.05 C. of the Code of General Ordinances for the City of Kenosha, as may be amended from time to time, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations, and this Agreement, collectively referred to as the "Sidewalk Requirements". Developer, at Developer's cost and expense, shall obtain approval of the plans and specifications for the Sidewalks from City Engineer. Developer, at Developer's cost and expense, shall obtain all required permits and approvals for the design, construction, and installation of Sidewalks from City Engineer prior to construction or installation of the Sidewalks.

2. Developer, at Developer's cost and expense, shall obtain all permits and approvals required by any governmental unit or regulatory agency having jurisdiction over the construction and installation of the Sidewalks prior to construction and installation of the Sidewalks. City shall cooperate with Developer in obtaining all permits and


approvals required by any governmental unit or regulatory agency for the construction and installation of the Sidewalks. Developer shall provide copies of all permits and approvals to City upon receipt.

3. Developer, at Developer's cost and expense, shall complete the construction and installation of the fully functional Sidewalks without defect, damage or nonconformance with the Sidewalk Requirements.

4. Developer, at Developer's cost and expense, shall provide City with copies of the results of all tests and inspections of the Sidewalks required by City. Developer, at Developer's cost and expense, shall provide City with copies of the results of all density tests required by City certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of the Sidewalks base in accordance with Utility specifications.

5. Developer shall not install any Sidewalks after November 15th of any calendar year without the express written approval of City Engineer. No Sidewalk installation will be permitted after December 1st of any calendar year. Sidewalk installation may commence after April 15th of any calendar year with the approval of City Engineer.

6. Sidewalks shall be installed prior to the issuance of a Certificate of Occupancy for the residential dwelling served by the Sidewalks where practical but not later than six (6) months from the date of occupancy of the residential dwelling served by the Sidewalk. In the event the Sidewalks are not installed prior to the issuance of a Certificate of Occupancy, the owner of the residential dwelling served by the Sidewalks shall provide City with an assurance in an amount determined by City Engineer to complete installation of the Sidewalks.

7. City shall accept the Sidewalks required to be designed, constructed, and installed by Developer in accordance with the Sidewalk Requirements which are located in the public rights-of-way upon the following:

a. completion of the Sidewalks in accordance with the Sidewalk Requirements, and compatibility with attached and adjacent systems, facilities and improvements.

b. construction, installation and delivery of the fully functional Sidewalks without defect, damage or nonconformance with the Sidewalk Requirements.

c. receipt by City of copies of the results of all tests and inspections of the Sidewalks required by City pursuant to Section I.J.4. of this Agreement.

d. receipt by City of copies of the results of all density tests required by City certified and stamped by a professional engineer registered in the State of Wisconsin certifying proper compaction of Sidewalks base in accordance with City specifications as required pursuant to Section I.J.4. of this Agreement.


e. payment of all fees and charges required to be paid by Developer pursuant to the Code of General Ordinances for the City of Kenosha and this Agreement for the Sidewalks.

f. receipt of final lien waivers from all contractors, subcontractors, and suppliers.

g. certification of items a - f above by City Engineer.

h. acceptance by the Common Council of the City of Kenosha upon recommendation by City Engineer and the City of Kenosha Board of Public Works of the Sidewalks.

8. Developer, at Developer's cost and expense, shall be responsible for the maintenance of the Sidewalks located within public rights-of-way in accordance with City specifications, unless and until the Sidewalks are accepted by City. Upon acceptance of the Sidewalks located within the public rights-of-way, Developer or the owner of the residential dwelling served by the Sidewalk, as the case may be, shall be responsible for the maintenance of the Sidewalks in accordance with the Code of General Ordinances for the City of Kenosha.

K. Driveways and Approaches

1. Developer, at Developer's cost and expense, shall construct and install a driveway

and driveway approach for each residential dwelling lying within the Real Estate. The driveway approach shall be constructed and installed in accordance with City specifications and Sections 5.05, 5.085 and 9.24 of the Code of General Ordinances for the City of Kenosha, as may be amended from time to time.

2. Driveway approaches shall be six (6) inches deep constructed of Portland cement

concrete over a six (6) inch aggregate base. Driveways may be constructed and installed using paving bricks having a minimum thickness of four (4) inches.

3. Driveways and driveway approaches shall be installed prior to the issuance of a Certificate of Occupancy for the residential dwelling served by the driveway and driveway approach where practical but not later than six (6) months from the date of occupancy of the residential dwelling served by the driveway and driveway approach. In the event the driveway and driveway approach are not installed prior to the issuance of a Certificate of Occupancy, the owner of the residential unit served by the driveway and driveway approach shall provide City with an assurance in an amount determined by City Engineer to complete installation of the driveway and driveway approach.


L. Street and Regulatory Signs and Traffic Controls and Signals

Developer, at Developer's cost and expense, shall purchase and install all street name and regulatory signs within the Real Estate required by City.

M. Survey Monuments

Developer, at Developer's cost and expense, shall install monuments placed in accordance with the requirements of Section 236.15 of the Wisconsin Statutes.

II. PRE-CONSTRUCTION AND CONSTRUCTION ACTIVITIES

A. Pre-Construction Activities

1. Developer shall provide City Engineer and Utility General Manager with complete itemized cost estimates certified by Developer's civil engineer for the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, including detention basin modifications to the St. Peter's Basin in accordance with the Detention Basin Modification Agreement (as defined in Section II(A)(4)(g) below) prior to the execution of this Agreement by City and Utility.

2. Any bidder on any of the City and Utility Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin in accordance with the Detention Basin Modification Agreement shall be prequalified by City and Utility, as the case may be. Developer shall not award any contract for any Improvements required to be made pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin, to any bidder who has not been pre-qualified by City and Utility, as the case may be.

3. Developer, at Developer's cost and expense, shall raze all structures within the Real Estate prior to the issuance of any permits by City to Developer in any way related to land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances, or in any way related to the construction or installation of any of the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement. Developer, at Developer's cost and expense, shall apply for and obtain a raze permit from City and any other permits required by any Federal and State environmental laws, rules, and regulations prior to razing, removing and disposing of any structures within the Real Estate. Developer, at Developer's cost and expense, shall raze, remove, and dispose of all structures within the Real Estate in accordance with the Code of General Ordinances for the City of Kenosha and all Federal and State environmental laws, rules, and regulations.

4. No land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances by Developer shall commence and no construction or installation of any of the Improvements required to be made


by Developer pursuant to the final plat of subdivision and this Agreement shall commence prior to all of the following:

a. all required assurances have been received and approved.

b. the final plat of subdivision has been approved by the Common Council, signed by City, and recorded with the Kenosha County Register of Deeds.

c. the Sanitary Sewer Easement and Agreement has been approved and signed by the Kenosha Water Utility Board of Water Commissioners, signed by Developer, and recorded with the Kenosha County Register of Deeds.

d. the Private Sanitary Sewer and Force Main Access and Maintenance Easement has been approved by the Kenosha Water Utility Board of Water Commissioners, signed by Developer and recorded with the Kenosha County Register of Deeds.

e. the Temporary Turnaround Easement and Agreement has been approved by the Common Council, signed by City and Developer, and recorded with the Kenosha County Register of Deeds.

f. the Stormwater Management Facilities Maintenance Agreement has been approved by the Common Council, signed by City and Developer, and recorded with the Kenosha County Register of Deeds.

g. the Detention Basin Modification Agreement between the City of Kenosha, Board of Park Commissioners of the City of Kenosha and Home Path Financial Limited Partnership for the detention basin modifications to the St. Peter's Basin (“Detention Basin Modification Agreement”) has been approved by the Board of Park Commissioners and the Common Council and signed by all Parties.

h. this Agreement has been approved by the Common Council, the Kenosha Water Utility Board of Water Commissioners, signed by all Parties, and recorded with the Kenosha County Register of Deeds.

i. all plans and construction specifications for land disturbing activities or land disturbing construction activities as defined in Chapter XXXIII of the Code of General Ordinances have been reviewed and approved by City Engineer.

j. all plans and construction specifications for the construction or installation of any of the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin, have been reviewed and approved by City Engineer and Utility General Manager, as the case may be.


k. the stormwater management fee for storm water detention in the St. Peter's Basin has been paid.

l. all interim storm water utility charges and all special assessments have been paid.

m. all permit fees have been paid and all permits, including all Erosion Control Permits, have been issued.

n. a pre-construction meeting attended by Developer, City, Utility, contractors and any consultants' inspectors has been held.

o. written authorization to proceed has been given by the Director of City Development following certification of items a-n above by the Director of City Development.

5. Upon receiving written authorization to proceed from the Director of City Development, Developer shall notify City and Utility in writing no less than two (2) working days in advance of the date for the commencement of the construction of the Improvements required to be made pursuant to the final plat of subdivision and this Agreement, including the detention basin modifications to the St. Peter's Basin. This notification requirement shall also apply to the resumption of construction following a work interruption of over fifteen (15) consecutive working days.

B. Construction Activities

1. Construction access to the Real Estate and the St. Peter's Basin for the construction of the Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement shall be as shown on the Erosion and Sediment Control Plan approved by City Engineer. Construction staging areas shall be as shown on the Construction Phasing Plan approved by the Department of City Development and City Engineer. Developer, at Developer's cost and expense, shall design, construct and install the construction access and construction staging areas in accordance with City specifications, the final plat of subdivision, the approved Erosion and Sediment Control Plan, the approved Construction Phasing Plan, the approved St. Peter's Stormwater Retention Basin Enlargement Plans, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations. Developer, at Developer's cost and expense, shall obtain approval of the plans and specifications and all required permits for the design, construction, and installation of the construction access and construction staging areas from the Department of City Development and City Engineer prior to construction and installation of the construction access and construction staging areas.

2. Developer, at Developer's cost and expense, shall apply for and obtain all required permits from City and Kenosha County, as the case may be, prior to the closing of any public streets and shall comply with all applicable ordinances, laws, rules, and regulations regarding the closure of public streets.


3. Developer, at Developer's cost and expense, shall abandon any wells and septic systems on the Real Estate in accordance with the requirements of the Wisconsin Department of Natural Resources, Chapter NR 812 of the Wisconsin Administrative Code, and Section 32.09 of the Code of General Ordinances for the City of Kenosha. Developer shall provide copies of well abandonment reports to City and Utility.

4. City and Utility shall provide engineering and inspection services during construction of the Improvements required by the final plat of subdivision and this Agreement to ascertain Developer's compliance with all approved plans and specifications, the final plat of subdivision, the Code of General Ordinances for the City of Kenosha, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations. The cost for the engineering and inspection services provided by City and Utility shall be based upon the hourly rate of the City and Utility employees performing the services plus indirect costs. City and Utility reserve the right to retain outside consultants to provide engineering and inspection services, the cost of which shall be the responsibility of Developer. Developer shall pay City and Utility for all engineering and inspection services provided by or on behalf of City and Utility within forty-five (45) days of being invoiced. The engineering and inspection services provided pursuant to this paragraph shall not relieve Developer, its employees, or their contractors from constructing and installing the Improvements required by the final plat of subdivision and this Agreement in accordance with all approved plans and specifications, the final plat of subdivision, the Code of General Ordinances for the City of Kenosha, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations, or from providing City and Utility all stamped "as-built" plans and all "as-built" plan certifications required by this Agreement.

5. Developer, at Developer's cost and expense, shall complete a televised inspection of the completed Sanitary Sewerage Facilities. The televised inspection shall be performed by an inspection service acceptable to Utility. Videotapes and written logs of all Sanitary Sewerage Facilities inspections shall be provided to Utility for review. Any repairs or cleaning identified by the televised inspection shall be promptly performed by Developer and the affected area shall again be subject to a televised inspection. Utility reserves the right to perform or have performed on behalf of Utility the televised inspection of the completed Sanitary Sewage Facilities at Developer's cost and expense. Developer shall reimburse Utility for the cost of the televised inspection within forty-five (45) days of being invoiced by Utility.

6. Developer, at Developer's cost and expense, shall complete a televised inspection of the completed Stormwater Management Facilities. The televised inspection shall be performed by an inspection service acceptable to City. Videotapes and written logs of all Stormwater Management Facilities inspections shall be provided to City for review. Any repairs or cleaning identified by the televised inspection shall be promptly performed by Developer, and the affected area shall again be subject to televised inspection. City reserves the right to perform or have performed on behalf of the City the televised inspection of the completed Stormwater Management


Facilities at Developer's cost and expense. Developer shall reimburse City for the cost of the televised inspection of the Stormwater Management Facilities within forty-five (45) days of being invoiced by City.

7. Utility, at Utility's sole discretion, reserves the right to retain independent testing services, including density testing services, in the event Utility determines proper testing is not being performed by Developer or the results of Developer's testing does not conclusively establish to Utility's satisfaction the proper completion of the Sanitary Sewerage Facilities and the Water Supply and Distribution Facilities. Prior to retaining independent testing services, Utility shall provide written notice to Developer of the corrective action required whereupon Developer shall have fourteen (14) days from the date of the notice to provide Utility with test results that are satisfactory to Utility. Developer shall reimburse Utility for the cost of the independent testing services within forty-five (45) days of being invoiced by Utility.

8. City, at City's sole discretion, reserves the right to retain independent testing services, including density testing services, in the event City reasonably determines proper testing is not being performed by Developer, or the results of Developer's, testing does not conclusively establish to City's satisfaction the proper completion of the Improvements required by the final plat of subdivision and this Agreement. Prior to retaining independent testing services, City shall provide written notice to Developer of the corrective action required whereupon Developer, shall have fourteen (14) days from the date of the notice to provide City with test results that are satisfactory to City. Developer shall reimburse City for the cost of the independent testing services within forty-five (45) days of being invoiced by City.

III. ASSURANCE OF COMPLETION OF IMPROVEMENTS

A. Assurances Required

1. Prior to execution of this Agreement by City and Utility, Developer shall provide Utility General Manager an assurance in the form of cash, a performance bond or an irrevocable letter of credit in an amount of $ 736,577.00. Prior to execution of this Agreement by City and Utility, Developer shall provide the City Clerk/Treasurer an assurance in the form of cash, a performance bond or an irrevocable letter of credit in an amount of $1,182,000.00. The assurances required pursuant to this Section III.A.1. shall be in addition to any other assurances which may be required pursuant to this Agreement and the Code of General Ordinances for the City of Kenosha for the development of the Real Estate which is the subject of the final plat of subdivision and this Agreement.

2. The assurances required pursuant to Section III.A.1. of this Agreement shall be used to secure Developer's costs of designing, constructing, and installing the Improvements required pursuant to the final plat of subdivision and this Agreement, and to compensate City and Utility for City's and Utility's cost of completing the Improvements required to be made and provided pursuant to the final plat of


subdivision, this Agreement, all applicable WDNR requirements, and all applicable Federal and State environmental laws, rules, and regulations in the event Developer fails to do so within the time required by this Agreement.

3. Any performance bond to be used by Developer as an assurance pursuant to this Agreement shall be issued by a surety company licensed to do business in the State of Wisconsin and which is listed as an acceptable surety on federal bonds in the most recent Circular 570 published by the Federal Department of the Treasury as required under 31 CFR 223.16. Any irrevocable letter of credit approved to be used by Developer as an assurance pursuant to this Agreement shall be issued by a financial institution authorized to do business in the State of Wisconsin having a financial standing acceptable to the City and Utility, as the case may be. The form of any performance bond or irrevocable letter of credit shall be approved in advance by the City Attorney.

4. Any performance bond or irrevocable letter of credit approved for use by the City Attorney as an assurance pursuant to this Agreement shall remain in effect until completely drawn upon or released by the City or Utility, as the case may be. If for any reason, any irrevocable letter of credit approved for use as an assurance pursuant to this Agreement is about to expire and has not been renewed by Developer, City and Utility, as the case may be, may draw upon the irrevocable letter of credit and retain the proceeds as a cash assurance pursuant to this Agreement.

5. Pursuant to Wis. Stat. §236.13(2), upon substantial completion of the public Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement, the assurances provided pursuant to this Section III shall either be reduced or replaced with an assurance complying with the requirements of this Section III to an amount determined by City Engineer and Utility General Manager, as the case may be, equal to the total cost to complete any uncompleted public Improvements plus 10 percent of the total cost of the completed public Improvements. Any defects in, damage to, or nonconformance of the public Improvements with the requirements of the final plat of subdivision and this Agreement shall be corrected to the satisfaction of City Engineer and Utility General Manager, as the case may be, prior to the determination being made by City Engineer and Utility General Manager, as the case may be, that the public Improvements are substantially completed. Prior to the determination of substantial completion by City Engineer and Utility General Manager, as the case may be, Developer shall provide City Engineer and Utility General Manager, as the case may be, the itemized costs for the public Improvements provided by AIA Document G702 and G703 or sworn affidavit equivalent together with a waiver of lien current to date from all contractors, subcontractors and suppliers. Upon being satisfied that the public Improvements are substantially completed, City Engineer and Utility General Manager, as the case may be, shall provide written notification to Developer of the date the public Improvements are considered substantially completed.


6. Any performance bond or irrevocable letter of credit approved for use by the City Attorney as an assurance pursuant to this Section III shall remain in full force and effect and shall not be released until 14 months after the date the public Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement were determined by City Engineer and Utility General Manager, as the case may be, to be substantially completed.

7. Any failure of Developer to timely complete any of the Improvements in accordance with the final plat of subdivision and this Agreement, or any failure of Developer to comply with any provision of the final plat of subdivision and this Agreement shall constitute a default under this Agreement. Developer's compliance with the final plat of subdivision and this Agreement shall be determined by City Engineer and Utility General Manager, as the case may be, which determination shall be final and conclusive. Notice of default and opportunity to cure shall be provided to Developer and any surety which has issued a performance bond as an assurance pursuant to this Section III. The notice of default and opportunity to cure shall be provided in accordance with Section VII. E. of this Agreement.

8. In the event any default is not cured within the time provided in Section VII. E. of this Agreement, City and Utility, as the case may be, may draw upon any irrevocable letter of credit approved for use as an assurance pursuant to this Agreement or make a claim against any performance bond approved for use as an assurance pursuant to this Agreement. In the event of any default, City and Utility, as the case may be, may do or cause the work to be done and charge the cost for the work against any assurance provided pursuant to this Agreement or impose a special charge and/or special assessment against the Real Estate, including all Lots within the Real Estate. Any special charge and/or special assessment imposed shall be payable in a lump sum and not in installments. In addition to all other remedies available to City and Utility at law or in equity, occupancy permits for any Lot(s) within the Real Estate may be withheld by City until the City of Kenosha Department of City Development certifies that the requirements of Chapter XVII of the Code of General Ordinances for the City of Kenosha, as may be amended from time to time, have been met. The remedies available to City and Utility pursuant to this Section III.A.8. shall not relieve Developer of Developer's guarantee and indemnification provided in this Agreement.

9. Developer shall pay City and Utility, as the case may be, all costs and expenses, including actual attorney's fees incurred by City and Utility in enforcing any of the provisions of this Agreement, drawing upon any irrevocable letter of credit approved for use as an assurance pursuant to this Agreement, asserting any claim or cause of action against any performance bond approved for use as an assurance pursuant to this Agreement, or enforcing any other rights or remedies of City and Utility.


IV. DEDICATION AND GUARANTEE OF IMPROVEMENTS

A. Dedication of Public Improvements

Subject to all other provisions of this Agreement and the final plat of subdivision, Developer shall, upon completion of all of the public Improvements and without charge to City or Utility, unconditionally give, grant, convey and fully dedicate the public Improvements to City and Utility, free and clear of all liens and encumbrances together with all buildings, structures, mains, conduits, pipes, lines, plant machinery, equipment, appurtenances and habiliments which may in any way be a part of or pertain to the public Improvements together with any and all easements necessary for access to the public Improvements. Developer shall execute such documents deemed necessary by City and Utility to effectuate the dedication of the public Improvements pursuant to this paragraph. Upon dedication, City and Utility shall have the right to connect or integrate the dedicated public Improvements unto the facilities of City and Utility without charge, award of damages or consent of Developer. Dedication shall not constitute acceptance of any Improvement by City or Utility.

B. Guarantee of Improvements

1. Developer shall guarantee all Improvements required to be made by Developer pursuant to the final plat of subdivision and this Agreement against all defects due to faulty design, materials or workmanship of which Developer is notified in writing within a period of one (1) year from the date of acceptance of the subject Improvement by the Common Council of the City of Kenosha or the Kenosha Water Utility Board of Water Commissioners, as the case may be, and with respect to the Stormwater Management Facilities, one (1) year from the date of approval of the "as-built" plans of the Stormwater Management Facilities by City Engineer (the "Guarantee Period"). Developer, at Developer's cost and expense, shall make any required repairs. City and Utility reserve the right to perform any required repairs to the Improvements which City and Utility deem necessary on a time and material basis. Developer shall reimburse City and Utility for the cost of repairs within forty-five (45) days of being invoiced by City or Utility.

2. Developer shall be responsible for any settlement of fill material which may occur in any utility trenches in any right-of-way or easement for a period of one (1) year from the date of the last acceptance by City or Utility of any utility Improvement. Developer, at Developer's cost and expense, shall make any required repairs. City and Utility reserve the right to perform any required repairs which City and Utility deem necessary on a time and material basis. Developer shall reimburse City and Utility for the cost of repairs within forty-five (45) days of being invoiced by City or Utility.

3. Prior to acceptance of the Improvements by the Kenosha Water Utility Board of Water Commissioners and prior to City issuance of any Building Permits for any improvements within the Real Estate, Developer shall provide Utility General Manager an assurance in the form of cash, a performance bond or an irrevocable letter


of credit in an amount equal to 5 percent of the total cost of the completed Sanitary Sewerage Facilities and Water Supply and Distribution Facilities, not including the total cost of the private sanitary sewer force main. Prior to acceptance of the Improvements by the Common Council of the City of Kenosha, the approval of the "as-built" plans of the Stormwater Management Facilities by City Engineer and prior to the issuance of any Building Permits for any improvements within the Real Estate, Developer shall provide the City Clerk/Treasurer an assurance in the form of cash, a performance bond or an irrevocable letter of credit in an amount equal to 5 percent of the total cost of all other completed Improvements required to be made and provided by Developer pursuant to the final plat of subdivision and this Agreement. Any irrevocable letter of credit or performance bond to be used by Developer as an assurance pursuant to this Section IV.B.3. shall comply with the requirements of Section III. of this Agreement.

4. The assurances required to be provided by Developer pursuant this Section IV.B. shall be used to assure Developer's guarantee of the Improvements pursuant to this Section IV.B. and to compensate City and Utility for City's and Utility’s cost of performing any repairs to the Improvements guaranteed by Developer pursuant to this Agreement.

5. Any failure of Developer to timely complete any repairs to the Improvements guaranteed by Developer pursuant to this Agreement, or any failure of Developer to reimburse City and Utility for the cost of repairs within forty-five (45) days of being invoiced by City or Utility, shall constitute a default under this Section IV.B. Developer's compliance with this Section IV.B. shall be determined by City Engineer and Utility General Manager, as the case may be, which determination shall be final and conclusive. Notice of default and opportunity to cure shall be provided to Developer and any surety which has issued a performance bond as an assurance pursuant to this Section IV.B. The notice of default and opportunity to cure shall be provided in accordance with Section VII.E. of this Agreement.

6. In the event any default is not cured within the time provided in Section VII.E. of this Agreement, City and Utility, as the case may be, may draw upon any irrevocable letter of credit or make a claim against any performance bond approved for use as an assurance pursuant to this section IV.B. In the event of any default under this Section IV.B., City and Utility, as the case may be, may do or cause the work to be done and charge the cost for the work against any assurance provided pursuant to this Section IV.B. or impose a special charge and/or special assessment against the Real Estate, including all Lots within the Real Estate. Any special charge and/or special assessment imposed shall be payable in a lump sum and not in installments. In addition to all other remedies available to City and Utility at law or in equity, occupancy permits for any Lot(s) within the Real Estate may be withheld

by City until the default is cured. 7. Developer shall pay City and Utility, as the case may be, all costs and expenses,

including actual attorney's fees, incurred by City and Utility in enforcing Developer's


compliance with this Section IV.B., drawing upon any irrevocable letter of credit approved for use as an assurance pursuant to this Agreement, asserting any claim or cause of action against any performance bond approved for use as an assurance pursuant to this Section IV.B., or enforcing any other rights or remedies of City and Utility.

8. Upon final inspection and approval of City Engineer and Utility General Manager, as

the case may be, within forty-five (45) days following expiration of the Guarantee Period provided in this Section IV.B., the balance of the remaining assurances required pursuant to this Section IV.B. shall be released.

V. DEVELOPER INDEMNIFICATION

Developer shall indemnify, defend and hold harmless City, Utility, their officers, employees and agents (“Indemnitees”) from and against all losses, proceedings, claims, liability, charges, damages, costs, and penalties, whether initiated or sought by governmental authorities or private parties, including, but not limited to, attorney and expert witness fees and expenses, engineering fees and expenses, environmental consultant fees and expenses, investigating fees and expenses, remediation costs, including without limitation any financial assurances required to be posted for completion of remedial work and costs associated with administrative oversight, settlement expenses, and judgments (collectively the “Damages”), which any of them may hereafter sustain, incur or be required to pay whether incurred in connection with any judicial or administrative process or otherwise, arising out of or in any way related to: the razing, removing or disposing of any structures within the Real Estate; any environmental conditions affecting the Real Estate; the presence or alleged presence of hazardous material on or under the Real Estate whether as a result of activities on the Real Estate or on surrounding real estate; the actual or alleged violation of any Federal or State environmental law, rule or regulation; requirements imposed by the Code of General Ordinances for the City of Kenosha; requirements imposed by all Federal and State environmental laws, rules, and regulations; the design, construction and installation of any of the Improvements required by the final plat of subdivision and this Agreement; or any claim for labor, materials or supplies furnished in connection with any of the Improvements required by the final plat of subdivision and this Agreement.. Upon the filing with City or Utility of a claim for Damages arising out of the acts which Developer herein agree to indemnify, defend and hold Indemnitees harmless, the City and/or Utility shall notify Developer of such claim, and in the event that Developer does not settle or compromise such claim, Developer shall undertake the legal defense of such claim both on behalf of itself and the Indemnitees. It is specifically agreed that City and/or Utility, at their own cost and expense, may participate in the legal defense of any such claim. Any judgment, final beyond all possibility of appeal, which may be rendered against any Indemnitee for any cause for which Developer is liable herewith, shall be conclusive against Developer as to liability and the amount of damages. Any damages, incurred or paid by any Indemnitee arising out of the acts which Developer herein agrees to indemnify, shall be reimbursed to the respective Indemnitee through Developer's assurances required pursuant to this Agreement or through such other means as the City and/or Utility in their sole discretion deem appropriate. This paragraph shall survive installation of the Improvements to effectuate its purpose.


VI. CITY RESPONSIBILITIES

Upon application by Developer and upon payment by Developer of all required fees, City shall process all permit applications and will issue all City permits required for the development of the Real Estate and provided Developer is in compliance with all City and Utility conditions of approval, all applicable WDNR requirements, all applicable Federal and State environmental laws, rules, and regulations, the final plat of subdivision, this Agreement, and all standards for the issuance of the required City permits set forth in applicable federal, state, county, or City laws, ordinances, resolutions, rules and regulations in effect as of the date the permit is to be issued unless otherwise specified.

VII. MISCELLANEOUS

A. Notice

Any notice required to be given in this Agreement by any of the Parties is to be sent by recognized commercial courier, or by certified mail with return receipt or by personal service addressed to Developer, City or Utility set forth below. Any Party may designate a different address by delivering, sending, or serving written notice of such change of address upon the other Parties. Notice shall be effective as of the date of delivery, if by recognized commercial courier or if by hand, or mailing if by certified mail.

If to Developer: Home Path Financial Limited Partnership Attn: Jeffrey Kleiner 5116 N. 126th Street

Butler, Wisconsin 53007 With a copy to: Ann K. Chandler von Briesen & Roper, s.c. 20975 Swenson Drive, Suite 400 Waukesha, WI 53186 If to City: City Clerk/Treasurer Municipal Building, Room 105 625 52nd Street Kenosha, Wisconsin 53140 with copies to: Director of Public Works Municipal Building, Room 305 625 52nd Street Kenosha, Wisconsin 53140


Office of the City Attorney Municipal Building, Room 201

625 52nd Street Kenosha, Wisconsin 53140

If to Utility: General Manager Kenosha Water Utility 4401 Green Bay Road Kenosha, Wisconsin 53144 With a copy to: Office of the City Attorney Municipal Building, Room 201 625 52nd Street Kenosha, Wisconsin 53140 B. Land Dedications and Impact Fees

Developer, at Developer's cost and expense, shall provide for all land dedications required by Chapter XVII of the Code of General Ordinances and this Agreement. Developer shall pay all impact fees in accordance with Chapter XXXV of the Code of General Ordinances prior to the City issuance of any Building Permits for any improvements within the Real Estate.

C. Assignment

Developer shall not assign or transfer this Agreement without the prior written consent of the City and Utility. Any unauthorized assignment or transfer shall be a breach of this Agreement thereby entitling the City and Utility to draw upon or make a claim against the assurances required to be provided pursuant to Sections III and IV of this Agreement. Any assignment or transfer shall be conditioned upon the assignee or transferee entering into a written Agreement with City and Utility through which the assignee or transferee agrees to be bound by all of the terms, conditions, and obligations of this Agreement. No assignment or transfer shall relieve Developer of any obligations under this Agreement in the event of breach or default by the assignee or transferee. No assignment or transfer shall be inconsistent with the terms of this Agreement. The assignee or transferee shall have all rights, privileges, and obligations as granted Developer under this Agreement.

D. Integration

This Agreement and the other documents incorporated by reference herein embody the entire Agreement and understanding between the Parties and supersede all prior Agreements and understandings relating to the subject matter hereof.


E. Defaults

Developer's failure to comply with any of the provisions of this Agreement shall constitute a default.Commencement of any proceedings under the Bankruptcy Act by or against Developer, Developer's assignment for the benefit of creditors pursuant to any Bankruptcy Act or Chapter 128 of the Wisconsin Statutes, or the appointment of any receiver in any proceedings or action to which Developer is a party shall constitute a default under this Agreement. In addition to all other remedies available to City and Utility, as the case may be, pursuant to this Agreement, at law or in equity, City and/or Utility, as the case may be, may enter and take occupancy of the Real Estate and possession of all materials on the Real Estate as necessary to complete the Improvements required to be made by Developer pursuant to this Agreement. Except as otherwise provided in this Section VII. E., no default shall arise under this Agreement unless the non-defaulting Party has provided the defaulting Party written notice of default and twenty (20) days to cure the default, except in the case of emergency, determined in the sole discretion of City Engineer and Utility General Manager, as the case may be, requiring immediate action to cure the default.

F. Severability

Any covenant, condition or provision of this Agreement held to be invalid or unenforceable by a court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect the application or validity of the remaining covenants, conditions or provisions of this Agreement which shall be given effect without the invalid or unenforceable covenant, condition or provision and to this extent, the covenants, conditions and provisions of this Agreement are declared to be severable.

G. Recording

This Agreement shall be recorded in the office of the Register of Deeds for Kenosha County, Wisconsin, and all costs of recording shall be paid by Developer.

H. Exhibits, Plans, Agreements, and Easements Incorporated by Reference

The exhibits attached to this Agreement and the plans, agreements and easements referred to in this Agreement are made a part of this Agreement and are incorporated herein by reference. The plans referred to in this Agreement will be on file with the City of Kenosha Department of City Development upon review and approval by City Engineer and Utility General Manager.

I. Choice of Law and Venue

This Agreement and the final plat of subdivision shall be construed and enforced according to the laws of the State of Wisconsin. The Parties agree that any matter


which may be brought or pursued in court shall be brought and maintained only in the Circuit Court for Kenosha County, Wisconsin, and each Party consents to said venue and the court's personal jurisdiction over each Party.

J. Waiver of Breach or Violation not Deemed Continuing

Any Party may, to the extent legally allowed, (a) extend the time for performance of any of the obligations or other acts of the other Parties, (b) waive any inaccuracies in the representations or warranties of the other Parties contained in this Agreement or in any document delivered pursuant to this Agreement and (c) waive any compliance by the other Parties with any of the agreements or conditions contained in this Agreement. The waiver by any Party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any or other subsequent breach or violation of any provision of this Agreement. No breach or violation of any provision of this Agreement shall be waived except by an agreement in writing signed by the waiving Party.

K. Construction

The Parties agree that each Party has contributed substantially and materially to the preparation of this Agreement and that as a result, this Agreement shall not be construed more strictly against one Party or another merely by virtue of the fact that it may have been prepared primarily by counsel for City.

L. Time of the Essence

It is understood and agreed by the Parties that time is of the essence with respect to the provisions of this Agreement specifying dates and deadlines.

M. Binding Effect

This Agreement shall run with the Real Estate and shall be binding upon Developer, Developer's successors and assigns, and Developer's successors in title. The guarantee of Developer set forth in Section IV shall be for the period specified therein. Any recorded easements, agreements, covenants, and restrictions shall be binding for the time set forth therein, or if no time is specified, for the time provided under applicable Wisconsin law.

N. Amendment

This Agreement may only be amended by the mutual written consent of the Parties and subject to the approval of any such amendment by the Common Council for the City of Kenosha and the Kenosha Water Utility Board of Water Commissioners.


VIII. AUTHORIZATION

A. Developer represents to City and Utility that Developer is a Wisconsin limited partnership, is in good standing in Wisconsin, that all acts which are a condition precedent to entering into this Agreement have thereby taken place, and that the individual executing this Agreement on behalf of Developer has the authority to do so and to bind Developer to the terms and conditions of this Agreement.

B. Utility enters into this Agreement by authority of action taken by the Board of Water Commissioners on the _____ day of __________________, 2020.

C. City enters into this Agreement by authority of action taken by its Common Council on the ______ day of ________________________, 2020.

Signature pages follow


IN WITNESS WHEREOF, the Parties hereto have hereunto executed this Agreement on the dates below given.

KENOSHA WATER UTILITY A Wisconsin Municipal Water Utility BY: _____________________________ DAVID F. BOGDALA, Chairperson Board of Water Commissioners Date: _____________________________ BY: _____________________________ CURT CZARNECKI General Manager, Kenosha Water Utility Date: _____________________________

STATE OF WISCONSIN) : SS. COUNTY OF KENOSHA)

Personally came before me this ____ day of __________________, 2020, David F. Bogdala,

Chairperson of the Board of Water Commissioners, and Curt Czarnecki, General Manager of the Kenosha Water Utility, a Wisconsin municipal water utility, to me known to be such Chairperson and General Manager of said municipal water utility, and acknowledged to me that they executed the foregoing instrument as such officers as the Agreement of said municipal water utility, by its authority.

___________________________________ Print Name__________________________ Notary Public, Kenosha County, WI. My Commission expires/is: _____________


THE CITY OF KENOSHA, WISCONSIN A Wisconsin Municipal Corporation

BY: _________________________________ JOHN M. ANTARAMIAN, Mayor Date: _______________________________ BY: ________________________________ KAREN J. ARGUST, Acting City Clerk/Treasurer Date: _______________________________

STATE OF WISCONSIN) : SS. COUNTY OF KENOSHA)

Personally came before me this ___ day of ____________________, 2020, John M.

Antaramian, Mayor, and Karen J. Argust, Acting City Clerk/Treasurer of the City of Kenosha, Wisconsin, a Wisconsin municipal corporation, to me known to be such Mayor and City Clerk/Treasurer of said municipal corporation, and acknowledged to me that they executed the foregoing instrument as such officers as the Agreement of said municipal corporation, by its authority.

___________________________________

Print Name______________________________ Notary Public, Kenosha County, WI. My Commission expires/is: _____________


HOME PATH FINANCIAL LIMITED PARTNERSHIP A Wisconsin Limited Partnership By: IMS INVESTMENTS, LLC A Wisconsin Limited Liability Company

General Partner of Home Path Financial Limited Partnership

By: _______________________________ JEFFREY M. KLEINER, Sole Member

Date: _____________________________

STATE OF WISCONSIN) : SS. COUNTY OF WAUKESHA)

Personally came before me this ___ day of ____________________, 2020, Jeffrey M.

Kleiner, Sole Member of IMS Investments, LLC, the general partner of Home Path Financial Limited Partnership, a Wisconsin limited partnership, to me known to be such person and authorized signatory of Home Path Financial Limited Partnership, and acknowledged to me that he executed the foregoing instrument as such authorized signatory as the agreement of said limited partnership, by its authority.

___________________________________ Print Name__________________________ Notary Public, ______________ County, WI. My Commission expires/is: _____________


JOINDER AND CONSENT OF HOME PATH FINANCIAL LIMITED PARTNERSHIP MORTGAGEE

The undersigned, on behalf of Spyglass Hill Partners, LLC – Series A, as lender for Home Path Financial Limited Partnership, hereby consents to the terms and conditions of the foregoing Agreement and subordinates any and all liens that it holds against the Home Path Financial Limited Partnership Real Estate, and any renewals, extensions, or amendments thereof, to the rights granted pursuant to such Agreement. Dated this day of _______________, 2020. SPYGLASS HILL PARTNERS, LLC – SERIES A By: ________________________________ Name: _____________________________ Title: ______________________________ STATE OF ) : SS. COUNTY OF )

This instrument was acknowledged before me on the day of ______ , ______________, 2020 by ____________________, as ____________________ of Spyglass Hill Partners, LLC – Series A. _____________________________________ Name_________________________________ Notary Public, __________ County, _________ My Commission expires/is: ________________


JOINDER AND CONSENT OF HOME PATH FINANCIAL LIMITED PARTNERSHIP MORTGAGEE

The undersigned, on behalf of Provident Trust Group, LLC FBO Sandra and Gary Daniels Independent Cash Account, as lender for Home Path Financial Limited Partnership hereby consents to the terms and conditions of the foregoing Agreement and subordinates any and all liens that it holds against the Home Path Financial Limited Partnership Real Estate, and any renewals, extensions, or amendments thereof, to the rights granted pursuant to such Agreement. Dated this day of _______________, 2020. PROVIDENT TRUST GROUP, LLC FBO SANDRA AND GARY DANIELS INDEPENDENT CASH ACCOUNT By: ________________________________ Name: _____________________________ Title: ______________________________ STATE OF ) : SS. COUNTY OF )

This instrument was acknowledged before me on the day of ______ , ______________, 2020 by ____________________, as ______________________ of Provident Trust Group, LLC FBO Sandra and Gary Daniels Independent Cash Account. _____________________________________ Name_________________________________ Notary Public, __________ County, _________ My Commission expires/is: ________________ DRAFTED BY: Office of the City Attorney 625 52nd Street, RM 201 Kenosha, Wisconsin 53140 Phone: 262-653-4170 Fax: 262-925-5933


EXHIBIT A

LEGAL DESCRIPTION OF AVA WOODS SUBDIVISION

Lots 1 through 18 of Ava Woods Subdivision according to the plat thereof recorded with the Kenosha County Register of Deeds on ____________, 2020 as Document No. _________ being part of the Northeast ¼ of the Northeast ¼ of Section 23, Township 2 North, Range 22 East of the Fourth Principal Meridian, lying and being in the City of Kenosha, County of Kenosha and State of Wisconsin.


EXHIBIT B

PLAT OF AVA WOODS SUBDIVISION

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Lake Michigan WaterLevel Vulnerability

Analysis - NorthExhibit 2

City of Kenosha, WI

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Date

: 8

/6/2

020

Legend

! Manholes RIM Elev < 581.92

Up or Downstream Inverts < 581.92


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Storm Pipe

DRAFT

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Legend









Storm Pipe

Lake Michigan WaterLevel VulnerabilityAnalysis - South

Exhibit 3

City of Kenosha, WI

0 1,000 2,000 3,000500

Feet

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Date

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/6/2

020

DRAFT

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Documents