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VILLAGE BOARD AGENDA (REGULAR) – AUGUST 5TH 2025 - Page 1 of 3 Village of Hobart – www.hobartwi.gov Village Office - 2990 South Pine Tree Road, Hobart, WI Notice is hereby given according to State Statutes that the VILLAGE BOARD of the Village of Hobart will meet on Tuesday August 5th 2025 at 6:00 P.M. at the Village Office (2990 South Pine Tree Road). NOTICE OF POSTING: Posted this 1st day of August, 2025 at the Hobart Village Office and on the village website. MEETING NOTICE – VILLAGE BOARD (Regular) Date/Time: Tuesday August 5th 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. 2. Certification of the open meeting law agenda requirements and approval of the agenda 3. Pledge of Allegiance 4. PUBLIC HEARINGS A. PUBLIC HEARING to Consider Modifying and Amending Portions of Chapter 295 (Zoning) pertaining to keeping and maintaining of chickens. B. ACTION on aforesaid agenda item – Ordinance 2025 -04 ( AN ORDINANCE TO REPEAL AND RECREATE SECTION 29 (PERMITTED ACCESSORY USES) OF ARTICLE VI (R-1 RESIDENTIAL DISTRICT) AND SECTION 67 (PERMITTED ACCESSORY USES) OF ARTICLE IX (R -4 SINGLE - AND TWO -FAMILY RESIDENTIAL DISTRICT OF CHAPTER 295 (ZONING) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Page 4) The purpose of this Ordinance is to permit the keeping and maintaining of six chickens (hens only) in the following zoning districts: R-1: Single-Family Residential and R-4: Single and Two-Family Residential. C. PUBLIC HEARING to Consider Modifying and Amending Section 295 -361 H.(3)(e) of the Municipal Code (Regulation of Changeable Letter and Electronic Message Center Signs) D. ACTION on aforesaid agenda item – Ordinance 2025-05 (AN ORDINANCE TO REPEAL AND RECREATE SUBSECTION H (PERMITTED SIGNS) OF SECTION 361 (REGULATION OF SIGNS) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Page 14) The purpose of this Ordinance is to modify and amend the regulation of changeable letter and electronic message center signs. 5. CONSENT AGENDA (These items may be approved on a single motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices (Page 27); B. VILLAGE BOARD: Minutes of July 15th 2025 (Regular) (Page 31) 6. ITEMS REMOVED FROM CONSENT AGENDA 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit citizens’ comments to no more than three minutes) 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS VILLAGE BOARD AGENDA (REGULAR) – AUGUST 5TH 2025 - Page 2 of 3 A. INFORMATION 1. Hobart-Lawrence Police Department - 2nd Quarter 2025 Report (Page 35) 9. COMMITTEE REPORTS AND ACTIONS 10. OLD BUSINESS A. DISCUSSION AND ACTION – Ordinance 2025-09 (AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 215 (PARK AND RECREATION AREAS) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Park and Recreation Committee) (Page 53) The purpose of this Ordinance is to amend the portion of the Municipal Code which governs the parks and recreation areas of the Village. The Park and Rec Committee reviewed the proposed ordinance and forwarded it to the Board for action. B. DISCUSSION AND ACTION - Hobart-Lawrence Intergovernmental Police Protective Service Agreement (Page 63) This proposed agreement refines and modernizes the joint police department’s framework, addressing gaps in the Second Agreement, which was adopted in 2011. The changes promote fairness, efficiency, and adaptability, ensuring high-quality police services for Hobart and Lawrence. This is the final draft of the agreement. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Ordinance 2025-07 (AN ORDINANCE TO REPEAL AND RECREATE SECTION 6 (POULTRY AND LIVESTOCK PROHIBITED) AND SECTION 9 (SHELTER) OF ARTICLE II (PROHIBITED AND PROTECTED ANIMALS, FOWL, REPTILES AND INSECTS), AND SECTION 11 (LICENSING), SECTION 12 (NUMBER OF ANIMALS LIMITED) AND SE CTION 13 (ANIMALS NOT TO RUN AT LARGE) OF ARTICLE III (LICENSING AND REGULATION OF ANIMALS) OF CHAPTER 102 (ANIMALS) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Page 73) The purpose of this Ordinance is to create a licensing and permitting process for the keeping and maintaining of up to six chickens (hens only) in the following zoning districts: R-1: Single-Family Residential and R-4: Single and Two-Family Residential. Consideration of this ordinance is required if Ordinance 2025-04 is approved earlier in the meeting. B. DISCUSSION AND ACTION – Wholesale Water Service Agreement between the City of Green Bay, the Village of Hobart and the Village of Pulaski (Page 79) Under this agreement, Green Bay would sell potable water to Pulaski through the Green Bay Water Utility, via Hobart. The water utility in Hobart would receive $0.50 per thousand gallons sold to Pulaski, resulting in an estimated $50 -60,000 per year in revenue for the utility. Staff has identified several areas of concern to be addressed prior to final action. C. DISCUSSION AND ACTION – Contracts with WPS for lighting, power and gas in Enclave Estates (Page 132) The two contracts with WPS are for lighting ($7,391.03) and for power and gas ($38,255.29) in Enclave Estates. Funding will come from Tax Increment District #2. D. DISCUSSION AND ACTION – Intergovernmental Agreement Land Exchange with Brown County (Page 137) Under the terms of this agreement, the Village will vacate Lonesome Road and a part of West Adam Drive . Brown County is the sole owner of all the land abutting these parcels. In exchange, the Village will receive parcels HB-68-4 and HB-68-2, which are located south of the Village Office on Golden Lane. In addition, “Brown County may, in its sole discretion, demand that Hobart convey to Brown County the Cyrus Road Parcel,” though no request to vacate this road has been made at this time. E. DISCUSSION - Items for future agenda consideration or Committee assignment F. ADJOURN to CLOSED SESSION: 1. Under Wisconsin State Statute 19.85 (1) (e): Deliberating or negotiating the purchasing of public properties, the investing o f public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session RE: Sale or Purchase of Property/TID Projects/Development Agreements VILLAGE BOARD AGENDA (REGULAR) – AUGUST 5TH 2025 - Page 3 of 3 2. Under Wisconsin State Statute 19.85 (1) (g): Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation G. CONVENE into open session H. ACTION from closed session 12. ADJOURN ____________________________ Aaron Kramer, Village Administrator UPCOMING BOARD MEETINGS Tuesday August 19th 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday September 2nd 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday September 16th 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) NOTE: Page numbers refer to the meeting packet. All agenda s and minutes of Village meetings are online: www.hobartwi. gov. Any person wishing to attend, who, because of their disability, requires special accommodation, should contact the Village Clerk’s office at 920-869-1011 with as much advanced notice as possible. Notice is hereby given that action by the Board may be considered and taken on any of the items described or listed in this agenda. There may be Board members attending this meeting by telephone if necessary. TO: Planning & Zoning Commission RE: Discussion and action to amend the Village’s Codes Pertaining to Keeping and Maintaining Chickens, Chapter 102, and Portions of Chapter 295 Zoning FROM: Todd Gerbers, Director of Planning & Code Compliance DATE: July 7, 2025 GENERAL INFORMATION A Village resident has requested that Village Administration review and consider amending portions of Chapter 102, Animals, and subsequently portions of Chapter 295 Zoning of the Village Municipal Codes relating to the keeping and maintaining of chickens (hens only) in all single-family zoning districts (including R-1: Single-Family Residential and R- 4: Single and Two-Family Residential zoning districts). This request is for discussion and possible action with a possible recommendation to the Village Board. This topic does not need much introduction as it has been discussed and various Commission and Board meetings. Following the June P&Z Commission meeting, Staff was directed to make recommended modifications to both the zoning code (Chapter 295) to allow chickens to be kept in both the R-1 and R-4 zoning districts, but not as a permitted or permitted accessory use, such that of the R-2, R-2-R, and R-3 zoning districts. Attached are draft copies of the R-1 and R- 4 zoning districts that lists the keeping of chickens as a “Supplementary” accessory use, revisions to the zoning definitions for accessory uses, and portions of Chapter 102 which regulates the harboring and licensing of chickens. With the “Supplementary” license, the Village would be required to notify the neighbors within 100 feet of the meeting date for an application request, but it would not be a full public hearing. This way the neighbors can provide their opinions and thoughts with the Village Board prior to Staff being able to issue such a license. This was Staff’s attempt to cover the items from the June meeting, but plan to use this meeting to modify any portions of these ordinances as deemed necessary. RECOMMENDATION/CONDITIONS Direct Staff to make any necessary modifications to both Chapters 295 and 102 relating to the keeping of chickens in R-1 and R-4 zoning districts. ISSUE: Discussion and action on request to modify/ amend the Animal Ordinance, Chapter 102, and portions of Chapter 295 pertaining to keeping and maintaining of chickens RECOMMENDATION: Direct Staff accordingly. PAGE 4 PAGE 5 PAGE 6 PAGE 7 PAGE 8 PAGE 9 A. B. C. D. E. F. A. B. C. D. E. F. Village of Hobart, WI Friday, July 18, 2025 Chapter 295. Zoning Article VI. R-1 Residential District § 295-29. Permitted accessory uses. The following are permitted accessory uses in the R-1 District: Home occupations. Private garages, carports and driveways. Private swimming pools. Satellite dish antennas less than 38 inches in diameter. Tool houses, sheds and other similar buildings used for the storage of common supplies. Telephone, cable television, and public utility installations. Article IX. R-4 Single- and Two-Family Residential District § 295-67. Permitted accessory uses. The following are permitted accessory uses in the R-4 District: Home occupations. Private garages, carports, and driveways. Private swimming pools. Tool houses, sheds and other similar buildings used for the storage of common supplies. Satellite dish antennas less than 38 inches in diameter. Telephone and public utility installations and cable television installations. 7/18/25, 9:20 AM Village of Hobart, WI Permitted accessory uses. https://ecode360.com/print/HO3209?guid=28090976,28091117 1/1 PAGE 10 PAGE 11 ORDINANCE 2025-04 (AN ORDINANCE TO REPEAL AND RECREATE SECTION 29 (PERMITTED ACCESSORY USES) OF ARTICLE VI (R- 1 RESIDENTIAL DISTRICT) AND SECTION 67 (PERMITTED ACCESSORY USES) OF ARTICLE IX (R-4 SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICT OF CHAPTER 295 (ZONING) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) Purpose: The purpose of this Ordinance is to permit the keeping and maintaining of six chickens (hens only) in the following zoning districts: R-1: Single-Family Residential and R-4: Single and Two-Family Residential. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 29 (Permitted Accessory Uses) of Article VI (R-1 Residential District) of Chapter 295 (Zoning), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 295-29. Accessory uses. The following are accessory uses in the R-1 District: A. Permitted accessory uses (1) Home occupations. (2) Private garages, carports, and driveways. (3) Private swimming pools. (4) Satellite dish antennas less than 38 inches in diameter. (5) Tool houses, sheds and other similar buildings used for the storage of common supplies. (6) Telephone, cable television, and public utility installations. B. Supplementary uses. (1) The keeping or maintaining of chickens (hens or pullets) when licensed in compliance with Chapter 102. Section 2: Section 67 (Permitted Accessory Uses) of Article IX (R-4 Single- and Two-Family Residential District) of Chapter 295 (Zoning), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 295-67. Accessory uses. PAGE 12 The following are accessory uses in the R-4 District: A. Permitted accessory uses. (1) Home occupations. (2) Private garages, carports, and driveways. (3) Private swimming pools. (4) Tool houses, sheds and other similar buildings used for the storage of common supplies. (5) Satellite dish antennas less than 38 inches in diameter. (6) Telephone and public utility installations and cable television installations. B. Supplementary uses. (1) The keeping or maintaining of chickens (hens or pullets) when licensed in compliance with Chapter 102. Section 3: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 4. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 5 th day of August, 2025. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 5, 2025. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 13 TO: Planning & Zoning Commission RE: Discussion and action to amend the Village’s Code Pertaining to 295-361 H.(3)(e) Regulation of Signs FROM: Todd Gerbers, Director of Planning & Code Compliance DATE: July 7, 2025 GENERAL INFORMATION A property owner within the Village has recently submitted a request for a wall mounted Electronic Message Center (EMC) sign and has requested that Village Administration review and consider amending section 295-361 H. of Chapter 295 Zoning of the Village Municipal Codes relating to EMC changeable letter signs Upon reviewing the Village’s current zoning codes, it was noticed that both changeable letter and Electronic Message Center signs are limited to 32 square feet of sign area and are only permitted as being part of a ground mount sign. The mounting of such a EMC sign is currently prohibited from being mounted on a building elevation. Village Staff has drafted modifications to the existing Sign Code pertaining to changeable letter and EMC signs. Some of the changes include prohibiting the installation of changeable letter signs in both the PDD #1 and PDD #2 zoning districts, allowing EMC signs to be wall mounted, allowing for the Site Review Committee to grant a 50% increase in sign area for ground signs that contain an EMC (some locations are limited to 50 square feet of total signage and if an EMC can be up to 40 square feet, it doesn’t leave much for the remainder of the sign), requiring the sign to turn off or show full black in the event of sign malfunction, and require the property owner to submit a letter with the permit application stating that they will comply with the brightness limitations set by the sign ordinance. Copies of both the current and proposed ordinance are provided, and these proposed modifications will also go to the Site Review Committee for consideration and comments prior to going to a public hearing before the Village Board. RECOMMENDATION/CONDITIONS Approve the proposed modifications to sections 295-361 H.(3)(e) of the Village Zoning Code and forward to the Village Board for a public hearing. ISSUE: Discussion and action on request to modify / amend Section 295-361 H.(3)(e) Regulation of Changeable letter and Electronic Message Center Signs. RECOMMENDATION: Staff recommends the approval of the amendments as submitted. PAGE 14 PAGE 15 ORDINANCE 2025-05 AN ORDINANCE TO REPEAL AND RECREATE SUBSECTION H (PERMITTED SIGNS) OF SECTION 361 (REGULATION OF SIGNS ) OF ARTICLE XXXIII ( SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN Purpose: The purpose of this Ordinance is to modify and amend the regulation of changeable letter and electronic message center signs. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Subsection H (Permitted Signs) of Section 361 (Regulation of Signs) of Article XXXIII ( Site Review/Development and Design Standards) of Chapter 295 (Zoning) is hereby repealed and recreated to read as follows: § 295-361. Regulation of signs. H. Permitted signs. (1) Residential uses. For all residential uses, the following signs are hereby allowed, subject to issuance of a permit in accordance with this section. Name and address signs of buildings containing four or more residential units indicating only the name of the building, the name of the development in which it is located, the management thereof, and/or address of the premises shall be subject to the following: (a) Type. Building name and address signs may be either wall signs or ground signs. (b) Number. There shall not be more than one name and address sign for each building, except that where a building abuts two or more streets and has a separate address, one sign may be allowed for each abutting street frontage. (c) Area. Building name and address signs shall not exceed six square feet in area per sign or per side. (d) Location. Building name and address signs shall not be located closer than 10 feet to any property line, right-of-way, or driveway. PAGE 16 (e) Height. Building name and address signs shall not exceed seven feet as measured from finished construction grade at the base of the sign. (2) Subdivision identification signs. A permanent sign used to designate a residential subdivision entrance may be permitted, subject to Site Review Committee approval and the following criteria: (a) Subdivision identification signs shall be ground signs. (b) Number. There shall not be more than two subdivision identification signs for each point of vehicular access to the subdivision. (c) Area. Subdivision identification signs shall not exceed 32 square feet in area per sign or per side. (d) Location. Subdivision identification signs shall not be located closer than 10 feet to any property line, right-of-way or driveway. (e) Height. Subdivision identification signs shall not exceed seven feet as measured from finished construction surrounding grade at the base of the sign. (3) Commercial, industrial, park, and institutional uses. For all commercial, industrial, park, and nonreligious institutional uses, only the following signs are hereby allowed, subject to issuance of a permit in accordance with Subsection C of this section. (a) Wall signs. [1] Number. [a] Single-tenant buildings. There shall be not more than one wall sign for each principal building within the B -1, C-1, I-1 and I -2 Zoning Districts. Buildings visible from more than one public roadway may be permitted to have a second wall sign on a second building wall elevation with specific approval from the Site Review Committee, taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. Wall signs within the B-2 (office) District shall be prohibited. [b] Multitenant buildings shall have not more than one wall sign per tenant, and it shall be located at the primary entrance within the B-1, C-1, I-1 and I-2 Zoning Districts. Corner-of-building tenant spaces and PAGE 17 buildings having access to more than one public roadway may be permitted to have a second wall sign on a second building wall elevation with specific approval from the Site Review Committee, taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. Wall signs within the B-2 (office) District shall be prohibited. [2] Area. [a] Single tenant. Except in the case of multitenant buildings as regulated in this chapter, the gross surface area of a wall, including doors and windows, to which the sign is to be affixed for buildings containing more than 20,000 square feet shall not exceed 10% of the area of the tenant building wall or 300 square feet, whichever is less, and for buildings containing 20,000 square feet or less shall not exceed 20% of the area of the tenant building wall or 150 square feet, whichever is less. No sign design height shall exceed 1/2 the overall height of the building wall to which the sign is affixed. The Site Review Committee, with specific approval, may increase the maximum allowable square footage by not more than 50% for any permitted sign when taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. [b] Multitenant common entrance. For common-entrance multitenant buildings, the gross surface area of a wall sign shall not exceed 10% of the area of the tenant building wall, including doors and windows, to which the sign is to be affixed or 60 square fee t, whichever is smaller. [c] Multitenant dedicated access. For multitenant buildings with a dedicated exterior access, the gross surface area of a wall sign shall not exceed 10% of the area of the tenant building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is smaller. Signs shall be affixed to the wall with the primary entrance. [3] Location. A wall sign may be located on the outermost wall of any principal building but shall not project more than 10 inches from the wall to which the sign is to be affixed unless NEC standards require a greater distance. PAGE 18 [4] Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. A wall sign shall not exceed 20 feet in height from the base of the building wall to which the sign is affixed. (b) Freestanding ground signs. [1] Number. There shall not be more than one freestanding ground sign for each principal building, except as follows: [a] Properties with street frontage on State Highway 29 shall be permitted one ground sign to be installed in the street yard fronting State Highway 29 in addition to a ground sign located in a street yard facing a Village street. In no case may more than one ground sign be placed in any street yard. [b] Corner properties with frontage on two public roadways may have no more than two such signs located so there is one sign per roadway when specifically approved by the Site Review Committee, taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. [2] Area. The gross surface area of a ground sign shall not exceed 50 square feet of area per sign or per side, except as follows: [a] 100 square feet of area per sign or per side for signs located in yards fronting roads with a posted speed limit of 45 miles per hour or more. [3] Location. A ground sign may not be located closer than 10 feet to any property line, right-of-way or driveway. [4] Height. A ground sign shall not project higher than 10 feet, as measured from finished construction surrounding grade at the base of the sign, except as follows: [a] Twenty feet for signs located in street yards fronting State Highways 54 and 172. [b] Thirty feet for signs located in street yards fronting State Highway 29. [5] Width. No ground sign shall exceed 20 feet in width. PAGE 19 (c) Awning, canopy, and marquee signs. [1] Number. Except for the case of the multitenant buildings as regulated in this section, there shall not be more than one awning, canopy, or marquee sign exceeding an aggregate gross surface sign area of four square feet for each principal building. Awning, canopy, and marquee signs which are four square feet or less in aggregate gross surface area are exempt from the provisions of this chapter as specified in this section. [2] Area. The gross surface area of an awning, canopy or marquee sign shall not exceed 50% of the gross surface area of the face of the awning, canopy, or marquee to which such sign is to be affixed or 30 square feet in area, whichever is less. [3] Location. A sign may be affixed to or located upon any awning, canopy, or marquee. [4] Height. An awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed. (d) Window signs. [1] Neon signs. Each business tenant shall be allowed to display on each public street it fronts one neon sign not exceeding five square feet in size or 50% of the window area, whichever is less. Neon signs shall emit a steady light and only be illuminated during business hours. Blinking, flashing, strobe or other light animation shall not be allowed. [2] Temporary signs. Temporary, nonilluminated window signs covering less than 25% of the individual window area shall be allowed. (e) Changeable letter and electronic message center signs. [1] Changeable letter or Electronic Message Center (EMC) signs shall be subject to the following requirements and limitations. [2] Changeable letter signs are prohibited in the PDD #1 and PDD #2 zoning districts and allowed in commercial, industrial, public, and institutional zoning districts subject to the following standards: [a] Changeable letter signs shall be part of a permanent freestanding ground sign. PAGE 20 [b] Changeable letter signs shall be included when calculating the allowable square feet that is permitted for freestanding signs as noted elsewhere in the Village’s Sign Code. The Village Site Review Committee may approve up to a 50% increase in total sign area for a freestanding ground sign on properties that are limited to a total of 50 square feet of area, when taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. [3] Electronic Message Centers (EMC) are allowed in commercial, industrial, public, and institutional zoning districts subject to the following standards: [a] Electronic message centers shall be a maximum of 40 square feet of display area per sign face (maximum of two (2) faces). [b] Electronic message centers shall be included when calculating the allowable square feet that is permitted for wall or freestanding signs as noted elsewhere in the Village’s Sign Code. The Village Site Review Committee may approve up to a 50% increase in total sign area for a freestanding ground sign on properties that are limited to a total of 50 square feet of area, when taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. [c] Electronic message centers shall be made part of and integrated into a freestanding ground sign. Electronic message centers may be integrated into a wall mount sign. [d] Electronic message centers are permitted to display words and/or graphics only. Animation that creates a video is prohibited. [e] Any individual letter or graphic scrolling or otherwise displayed shall remain illuminated and visible for a minimum of two (2) seconds. [f] The message shall not flash. Any message that remains visible for less than two (2) seconds shall be considered as flashing. [g] The illuminance of an electronic message center (EMC) shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC, or a solid image for a single-color EMC. All measurements shall be taken as close as practical to a perpendicular PAGE 21 plane of the sign at the distance determined by the total square footage of the EMC as set forth in the following formula: Measurement Distance in feet = the square root of (the Area of the Sign *100). [h] The difference between the off and solid-message measurements using the EMC Measurement Criteria shall not exceed 0.3 footcandles at night. [i] All permitted EMCs shall be equipped with a sensor or other device that automatically dim according to ambient light conditions. In no case shall the EMC exceed 0.3 footcandles over ambient lighting conditions. [j] All EMCs shall be placed with consideration of the impacts on abutting or adjacent residential districts and uses. In all cases, and to the maximum extent practicable, EMCs shall be located at a point with the greatest dimension and separation from the property line of a residential use or the boundary line of a residential district. With all installations, such EMCs must be turned off when the business / use is closed or between the hours of 10:00 PM and 6:00 AM, whichever is more restrictive. [k] Include systems and monitoring to either turn the display off or show “full black” on the display in the event of malfunction. [l] Be designed so if a catastrophic power surge occurs, the display will turn off or show “full black”. [m] Automatically adjust the intensity of its display according to natural ambient light conditions. [n] The owners of such an EMC sign shall include a signed letter accompanying their permit application certifying that they will comply with the prescribed brightness limitations set by this ordinance. [o] Electronic message centers may also be subject to additional state and federal regulations when located near a state or federally regulated roadway. (f) Tenant board signs. One multitenant board sign not exceeding 25 square feet in size and six square feet in height shall be allowed to be placed in front of each individual building in the B-2 (office) Zoning District. PAGE 22 (g) Directory sign: [1] Can be a pedestal, ground sign or off-premises sign, and all regulations apply. [2] Size of sign shall not exceed 80 square feet per side, 10 feet in height, and eight square feet per tenant. (h) Temporary sign. In addition to the permanent signs allowed under this section, temporary signs, as defined in this chapter, for the purpose of announcing or promoting a new building, development, occupant, or special events, shall be permitted for limited periods of time in any district subject to the following: [1] Number: A property/business owner is limited to two signs per lot using such signage. [2] Area: The gross surface area of a temporary sign shall not exceed 50 square feet of area. Requests for signage over 50 square feet, but no larger than 75 square feet, may be permitted by the Village's Director of Planning and Code Compliance, taking into account site and environmental factors. Any requests over 75 square feet may be reviewed and permitted by the Site Review Committee, taking into account safety, surrounding zoning and the impact on adjacent properties and attractiveness of the Village. [3] Location: A temporary sign shall not be located closer than 10 feet to any property line, right-of-way, or driveway. [4] Height: A temporary sign shall not project higher than 12 feet, as measured from existing grade, at the base of the sign. [5] Special conditions: Temporary signs shall be attached to ground posts or meet the definition of a "mobile mounted sign." The content of the sign message must directly relate to the on-premises organization or business use and operation. Temporary signs and banners shall not be displayed for more than 30 consecutive days and shall be limited to no more than 90 days per year. A separate permit shall be required for each display period. [6] Development "grand opening" signage package. New development or redevelopment shall be allowed to put forth a "grand opening" signage package which will allow for the placement of "opening/coming soon," "grand opening," "now hiring" and/or similar/like signage for a period not to exceed six months. Extensions over six months may be granted by the Site Review Committee upon receipt of adequate reasoning/rationale. All such "grand PAGE 23 opening" signage shall be removed within one week of such development opening. The gross surface area of a temporary sign shall not exceed 50 square feet of area. Requests for signage over 50 square feet, but no larger than 75 square feet may be permitted by the Village's Director of Planning and Code Compliance, taking into account site and environmental factors. Any requests over 75 square feet may be reviewed and permitted by the Site Review Committee, taking into account safety, surrounding zoning and the impact on adjacent properties and attractiveness of the Village. [7] All temporary signs, other than those identified in § 295-361L, shall obtain a permit from the Village prior to display. In addition, all temporary signs require a deposit to ensure timely removal. If such signs are not removed within the allowed time frame, the deposit shall be forfeited. If signage is removed within the allowable time frame and confirmed by the Village Zoning Administrator, the deposit shall be refunded. Forfeiture of the sign deposit does not negate the ability of the Village to issue municipal citations for failure to comply with timely removal of a temporary sign or banner. (4) Religious uses. For all religious uses, only the following signs are hereby allowed and are subject to Site Review Committee approval: (a) Wall signs. [1] Number. There shall be not more than one wall sign for each principal building. [2] Area. The gross surface area of a wall sign shall not exceed 2.5% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is smaller. [3] Location. A wall sign may be located on the outermost wall of any principal building but shall not project more than 10 inches from the wall to which the sign is to be affixed unless NEC standards require a greater distance. [4] Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. A wall sign shall not exceed 20 feet in height from the base of the building wall to which the sign is affixed. (b) Freestanding ground signs. [1] Number. There shall not be more than one freestanding ground sign for each principal building. PAGE 24 [2] Area. The gross surface area of a ground sign per side shall not exceed 50 square feet of area. [3] Location. A ground sign may not be located closer than 10 feet to any property line, right-of-way, or driveway. [4] Height. A ground sign shall not project higher than 10 feet, as measured from preconstruction grade at the base of the sign. (c) Temporary sign or banner. [1] Number. There shall not be more than one freestanding temporary ground sign for each site per street frontage. [2] Area. The gross surface area of a temporary sign or banner shall not exceed 50 square feet of area. [3] Location. A temporary sign or banner shall not be located closer than 10 feet to any property line, right-of-way, or driveway. [4] Height. A temporary sign or banner shall not project higher than seven feet, as measured from preconstruction grade at the base of the sign. [5] Special conditions. Temporary signs and banners shall be attached to ground posts. While the sign or banner face and message may change throughout the year, the content of the sign message must directly relate to the religious organization's use and operation. Auxiliary banners shall not be displayed for more than 14 consecutive days, and shall be limited to no more than six events per year (maximum total of 84 banner days per year). Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 5th day of August, 2025. ______________________________________________________ Richard Heidel, Village President Attest: PAGE 25 ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 5, 2025. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 26 Reprint Check Register - Quick Report - Regular 11:04 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 8/05/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:8/05/2025 7/30/2025 Page: 233.7970177 ASHWAUBENON AUTO REPAIR LLC MULTIPLE INVOICES - 4 8/05/2025 25.0070178 AURORA HEALTH CARE EVIDENCE DRAW 6-1-25 GUAR#910001465 8/05/2025 157.2270179 AYMEE NESS REFUND OVERPAYMENT CLOSED UTILITY ACCOUN 8/05/2025 436.5670180 BAYSIDE PRINTING LLC SETUP/PRINT 2ND QTR UTILITY BILLS 8/05/2025 500.5070181 BELSON CO. GLOVES / SOAP 8/05/2025 150.0070182 BRAD RICHARDSON PARTIAL REFUND PARK DEPOSIT FROM 7-19-25 8/05/2025 4,450.0070183 BRIAN RUECHEL ACCOUNTING SERVICES JULY 8/05/2025 10,033.6570184 BROWN COUNTY PORT & RESOURCE RECOVERY REFUSE & RECYCLING COLLECTION JUNE 8/05/2025 585.0070185 CATS ANONYMOUS INC TNVR - MULTIPLE SPAY DAYS 8/05/2025 105.0070186 DIVERSIFIED BENEFIT SERVICES INC FSA - 125 ADMINISTRATIVE SERVICES 8/05/2025 3,085.0070187 FAIR MARKET ASSESSMENTS ASSESSMENT SERVICES JULY 8/05/2025 513.5070188 FERGUSON ENT LLC #3326 POLLARDWATER 10FT CURB KEY 8/05/2025 24,820.2970189 GFL - GFL SOLID WASTE MIDWEST LLC REFUSE & RECYCLING COLLECTIONS 8/05/2025 76,552.1970190 GREEN BAY METROPOLITAN SEWERAGE DISTRICT JUNE TREATMENT FEES 8/05/2025 613.2570191 GREGG E. SCHREIBER REIMBURSEMENT CONFERENCE EXPENSES 8/05/2025 30.0070192 HAWKINS INC CHEMICALS 8/05/2025 175.0070193 JANICE VOYLES REFUND PARK DEPOSIT FROM 7-12-2025 8/05/2025 7,690.7570194 JOE DENOBLE SEWER & WATER CONSTRUCTION INC LATERAL BREAK 1190 PLEASANT VALLEY 8/05/2025 130.2370195 JOSH FABRY REFUND OVERPAYMENT CLOSED UTILITY 8/05/2025 PAGE 27 Reprint Check Register - Quick Report - Regular 21:04 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 8/05/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:8/05/2025 7/30/2025 Page: 175.0070196 KATIE MIKLE PARK DEPOSIT REFUND FROM 713-25 8/05/2025 187.3470197 MICHAEL & JULIE MEYER REFUND OVERPAYMENT UTILITY CLOSED 8/05/2025 175.4670198 MULTI MEDIA CHANNELS LLC MULTIPLE INVOICES LEGAL ADS 8/05/2025 130.0070199 NELSON TACTICAL & ASSOCIATES G. PETERSON TUBHLCLAPD107-2/TUBHLC 8/05/2025 2,325.0070200 NORTHLAND ELECTRICAL SERVICES FINAL BILLING LIGHT POLE HEAD LENSES 8/05/2025 168.4570201 PETER SHIMEK REFUND OVERPAYMENT CLOSED UTILITY ACCT 8/05/2025 103,017.5270202 ROBERT E. LEE & ASSOCIATES INC MULTIPLE INVOICES / PROJECTS 8/05/2025 103.0070203 SCHROEDER'S FLOWERS INC MEMORIAL WREATH - ETTER/MARKINS 8/05/2025 175.0070204 SCOTT HANSTEDT REFUND PARK DEPOSIT FROM 07-20-2025 8/05/2025 7,890.1570205 TOWN OF LAWRENCE HEMLOCK CREEK 2ND QUARTER 8/05/2025 494.4970206 TRUCK EQUIPMENT INC PROCESS & INSTALL SIGN FACE 4-SEASONS 8/05/2025 69.9570207 UNIFORM SHOPPE UNIFORM INVOICE S. SCHROEDER 8/05/2025 644.0070208 VANDENPLAS PORTABLE SOLUTIONS PORTABLE UNITS AT PARKS 8/05/2025 74,868.2370209 VON BRIESEN & ROPER S.C. ATTORNEYS AT LAW MULTIPLE MATTERS 8/05/2025 129.0070210 VORPAHL FIRE & SAFETY FIRE EXTINGUISHER HYDROTESTS - 2 8/05/2025 225.0070211 WASH SHACK REFUND DEPOSIT FOR SPECIAL EVENT 7-20-25 8/05/2025 1,000.0070212 WI DEPT OF JUSTICE REG. N. CROCKER WI COMMAND COLLEGE #12 8/05/2025 358.5070213 WI DEPT OF JUSTICE - CIB TIME QUARTERLY CHARGE TIME ACCESS & SUPPORT 8/05/2025 375.0070214 WI DEPT OF JUSTICE - CIB TIME TIME ACCESS NON-TRAD TIER 1 8/05/2025 PAGE 28 Reprint Check Register - Quick Report - Regular 31:04 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 8/05/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:8/05/2025 7/30/2025 Page: 500.0070215 WI HUMANE SOCIETY ANIMAL IMPOUND SERVICES JUNE 2025 8/05/2025 40.0070216 WI SUPREME COURT A. WANGERIN - COURT CLERK SEMINAR 8/05/2025 323,338.02Grand Total PAGE 29 Reprint Check Register - Quick Report - Regular 41:04 PM ACCT ALL BANK ACCOUNTS ALL Checks Posted From: Thru Account:Thru: 8/05/2025 ______________________________________________________________________________________ Amount From Account:8/05/2025 7/30/2025 Page: 80,668.33Total Expenditure from Fund # 001 - General Fund 13,314.54Total Expenditure from Fund # 002 - Water Fund 81,925.19Total Expenditure from Fund # 003 - Sanitary Sewer Fund 40,057.00Total Expenditure from Fund # 004 - Capital Projects Fund 741.67Total Expenditure from Fund # 007 - Storm Water Fund 2,213.92Total Expenditure from Fund # 008 - TID #1 Fund 67,749.94Total Expenditure from Fund # 009 - TID #2 Fund 1,813.49Total Expenditure from Fund # 010 - Parks & Recreation 34,853.94Total Expenditure from Fund # 014 - Garbage & Recycling Program 323,338.02Total Expenditure from all Funds PAGE 30 V illage of Hobart Village Office 2990 S. Pine Tree Rd, Hobart, WI www.hobartwi.gov - www.buildinhobart.com MEETING MINUTES – VILLAGE BOARD (Regular) Date/Time: Tuesday July 15th 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. The meeting was called to order by Rich Heidel at 6:03 pm. Dave Dillenburg, Vanya Koepke, Tammy Zittlow, and Rich Heidel were present. Excused: Melissa Tanke. 2. Certification of the open meeting law agenda requirements and approval of the agenda - ACTION: To certify the open meeting law agenda requirements and approve the agenda. MOTION: Koepke SECOND: Dillenburg. VOICE VOTE: 4-0. 3. Pledge of Allegiance - Those present recited the Pledge of Allegiance. 4. PUBLIC HEARINGS – None. 5. CONSENT AGENDA (These items may be approved on a single motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices ; B. VILLAGE BOARD: Minutes of July 1st 2025 (Regular); C. PLANNING AND ZONING COMMISSION: Minutes of June 2nd 2025 ACTION: To approve the Consent Agenda as presented to include all manual checks. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE: 4-0. 6. ITEMS REMOVED FROM CONSENT AGENDA- None. 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit citizens’ comments to no more than three minutes) No one spoke. 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS A. INFORMATION 1. Associated Bank Investment Report 2. Stephenson National Bank and Trust Investment Report 3. Village Cash Report – June 4. Wisconsin League of Municipalities 2025 -2027 Legislature’s Biennial Budget Summary 5. Wisconsin League of Municipalities 2025-2026 Summary of Legislation of Municipal Importance Administrator Kramer reviewed all the above reports with the board. There will not be a Site Review Meeting this month; there will be one in August. The opening in the Public Works Department has been posted. We have a fully staffed summer crew. 9. COMMITTEE REPORTS AND ACTIONS PAGE 31 A. DISCUSSION AND ACTION – Consider a 2 Lot CSM creating two new parcels of 2.581 and 6.049 acres (Centerline Drive, HB- 523) (Planning and Zoning Commission) The property owner of parcel HB-523, located along the 600 block of Centerline Dr, is proposing a two lot CSM splitting one 8.648 - acre parcel into two parcels of 2.581 and 6.049 acres in the area between Centerline Dr. and Hwy 29. The existing parcel is currently zoned PDD#1: Centennial Centre at Hobart District and the proposed CSM would create two new lots that maintain compliance with Village Code requirements relating to lot size and lot width. (Owner: North Hobart Business Park, LLC) ACTION: To approve a 2 Lot CSM creating two new parcels of 2.581 and 6.049 acres (Centerline Drive, HB -523) as presented as the final CSM. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE: 4-0. B. DISCUSSION AND ACTION – Consider a 2 Lot CSM creating two new parcels of 1.550 and 1.964 acres (611 Centerline Drive, HB-524-1-1) (Planning and Zoning Commission) The property owner of parcel HB-524-1-1, located at 611 Centerline Dr, is proposing a two lot CSM splitting one 3.514 -acre parcel into two parcels of 1.550 and 1.964 acres along Centerline Dr. between Founders Terrace and Larsen Orchard Parkway. The existing parcel is currently zoned PDD#1: Centennial Centre at Hobart District and the proposed CSM would create two new lots that maintain compliance with Village Code requirements relating to lot size and lot width. (Owner: North Hobart Business Park, LLC) ACTION: To approve a 2 Lot CSM creating two new parcels of 1.550 and 1.964 acres (611 Centerline Drive, HB-524-1-1) as presented as the final CSM. MOTION: Dillenburg SECOND: Heidel. VOICE VOTE: 4-0. C. DISCUSSION AND ACTION – Improvements to Four Seasons Park (Park and Recreation Committee) The Park and Rec Committee reviewed a list of possible improvements for the Committee to consider at its last meeting, including improvements to the shelter and the installation of basketball courts at the park, and asked for the Board to review and take action on them. ACTION: To authorize Village staff to bid out the following projects and provide those costs to the Village Board for approval: New asphalt shingle roof, concrete repairs, installation of a dumpster pad and enclosure at the Four Seasons Shelter in 2025, and the application of an epoxy floor in the main room of the shelter in 2026, and to do ground prep work in 2025 for the installation of a basketball court at the Park adjacent to the shelter in 2026. MOTION: Heidel SECOND: Koepke. VOICE VOTE: 4-0. D. DISCUSSION AND ACTION – Ordinance 2025-09 (AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 215 (PARK AND RECREATION AREAS) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Park and Recreation Committee) The purpose of this Ordinance is to amend the portion of the Municipal Code which governs the parks and recreation areas of the Village. The Park and Rec Committee reviewed the proposed ordinance and forwarded it to the Board for action. This is the first reading of Ordinance 2025-09 (Park and Recreation Areas) ACTION: To schedule the second reading of Ordinance 2025- 09 (AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 215 (PARK AND RECREATION AREAS) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) at the August 5, 2025 Village Board Meeting . MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE: 4-0. E. INFORMATION - Request for a 16,805 square foot building addition and associated site improvements - 1030 Orlando Drive (HB-328-4) (Site Review Committee) This property is currently developed and utilized as a contractor office and shop facility. The property owner is proposing an addition that connects two existing buildings into one building and the site improvements to serve the building expansion. Director Gerbers reviewed the site improvements for the Village Board. F. INFORMATION - Request for a 3,800 square foot building addition and associated site improvements - 1195 Flight Way Drive. (HB-1491-L-4-A) (Site Review Committee) PAGE 32 T his property is currently developed and utilized as a contractor office and shop facility. The property owner is proposing an addition and the site improvements to serve the building expansion. Director Gerbers reviewed the site improvements for the Village Board. 10. OLD BUSINESS – None. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Awarding of Bids for 2025 Road and Infrastructure Projects The staff recommendation is to award the following projects to Northeast Asphalt – Inverary Court ($62,535.60), Haven Place ($176,263.00), Belmar Road ($167,520.00), Butternut Lane ($108,766.00), Sir Gregory Anthony ($63,306.00), Plane Park ($164,069.30), South Overland Culvert ($161,424.90), Thornberry Creek Patching ($14,680.00) and Miscellaneous Repairs ($27,340.00) – for a total bid award of $945,904.80), and to remove Bay Ridge Court from the proposed 2025 Capital Projects ACTION: To award the following 2025 Road and Infrastructure Projects to Northeast Asphalt – Inverary Court ($62,535.60), Haven Place ($176,263.00), Belmar Road ($167,520.00), Butternut Lane ($108,766.00), Sir Gregory Anthony ($63,306.00), Plane Park ($164,069.30), South Overland Culvert ($161,424.90), Thornberry Creek Patching ($14,680.00) and Miscellaneous Repairs ($27,340.00) – for a total bid award of $945,904.80), and to remove Bay Ridge Court from the proposed 2025 Capital Projects. MOTION: Heidel SECOND: Dillenburg. VOICE VOTE: 4-0. B. DISCUSSION AND ACTION – Amended 2025 Capital Projects Budget In light of the previous items on tonight’s agenda, an amended 2025 Capital Projects budget is being proposed for approval to fund the projects and reflect recent changes to the budget. ACTION: To approve the amended FY2025 Capital Fund as presented. MOTION: Zittlow SECOND: Koepke. VOICE VOTE: 4-0. C. DISCUSSION AND ACTION - Hobart-Lawrence Intergovernmental Police Protective Service Agreement This proposed agreement refines and modernizes the joint police department’s framework, addressing gaps in the Second Agreement, which was adopted in 2011. The changes promote fairness, efficiency, and adaptability, ensuring high-quality police services for Hobart and Lawrence. Staff will provide an update on the agreement, pending the Town of Lawrence’s Board meeting on July 14th. ACTION: To direct staff to bring back to the August 5, 2025 Village Board Meeting the final Hobart -Lawrence Intergovernmental Police Protective Service Agreement. MOTION: Heidel SECOND: Dillenburg. VOICE VOTE: 4-0. D. DISCUSSION AND ACTION – Policy 2025-05 (Hobart Fire and Rescue Pay Policy) The proposed change in the compensation schedule for the Hobart Fire Department is the first adjustment since 2018. Part of t he goal of the adjustment is to improve retention of current members and recruitment of new members, as well as reflecting inflationary increases over the past several years. ACTION: To approve Policy 2025-05 (Hobart Fire and Rescue Pay Policy) to take effect on September 1st, 2025 and expire on December 31 st, 2028. MOTION: Dillenburg SECOND: Koepke. VOICE VOTE: 4-0. E. DISCUSSION AND ACTION – A greement for Residential Municipal Solid Waste and Recycling Collection Services and Disposal with GFL Solid Waste Midwest, LLC The contract for waste and recycling services will be in effect starting September 1st 2025, and expiring on August 31st 2036. ACTION: To approve the Agreement for Residential Municipal Solid Waste and Recycling Collection Services and Disposal with GFL Solid Waste Midwest, LLC as presented. MOTION: Koepke SECOND: Heidel. VOICE VOTE: 3-0. Zittlow abstains. PAGE 33 F. DISCUSSION AND ACTION – Agreement with 4M Building Services (Janitorial Services) This contract provides for janitorial services at the Village Office. 4M has purchased our current provider, and this new contract replaces the existing cleaning contract. There is no change in the fees, and no budgetary impact. ACTION: To approve the Agreement with 4M Building Services (Janitorial Services) as presented. MOTION : Heidel SECOND: Zittlow. VOICE VOTE: 4-0. G. DISCUSSION AND ACTION – To establish a Public Hearing to Consider Modifying and Amending Portions of Chapter 295 (Zoning) pertaining to keeping and maintaining of chickens Staff would request the Public Hearing be scheduled for the August 5 th Village Board meeting. ACTION: To set a Public Hearing to Consider Modifying and Amending Portions of Chapter 295 (Zoning) pertaining to keeping and maintaining of chickens for the August 5, 2025 Village Board Meeting. MOTION: Heidel SECOND: Dillenburg. VOICE VOTE: 4-0. H. DISCUSSION AND ACTION – To establish a Public Hearing to Consider Modifying and Amending Section 295-361 H.(3)(e) of the Municipal Code (Regulation of Changeable letter and Electronic Message Center Signs) Staff would request the Public Hearing be scheduled for the August 5 th Village Board meeting. ACTION: To set a Public Hearing to Consider Modifying and Amending Section 295 -361 H.(3)(e) of the Municipal Code (Regulation of Changeable letter and Electronic Message Center Signs) for the August 5, 2025 Village Board Meeting. MOTION: Heidel SECOND: Zittlow. VOICE VOTE: 4-0. I. DISCUSSION - Items for future agenda consideration or Committee assignment Pass through Water Agreement. Chicken Ordinance. Police Agreement. Sign Ordinance. ACTION: To recess prior to going into closed session (7:40 PM). MOTION: Heidel SECOND: Koepke. VOICE VOTE: 4-0. J. ADJOURN to CLOSED SESSION (8:01 PM): ACTION: To go into closed session 1) Under Wisconsin State Statute 19.85 (1) (e): Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session RE: Sale or Purchase of Property/TID Projects/Development Agreements, and 2) Under Wisconsin State Statute 19.85 (1) (g): Conferring with legal counsel for the governmental body w ho is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation MOTION: Heidel SECOND: Zittlow ROLL CALL VOTE: 4-0. K. CONVENE into open session (9:05 PM) – MOTION: Heidel SECOND: Dillenburg ROLL CALL VOTE: 4-0. L. ACTION from closed session - None 12. ADJOURN (9:06 PM) – MOTION: Dillenburg SECOND: Zittlow VOICE VOTE: 4-0. Respectfully submitted by Lisa Vanden Heuvel, Village Clerk PAGE 34 QUARTERLY REPORT APRIL - JUNE 2025 PAGE 35 Introduction July 10, 2025 Village of Hobart Board - Town of Lawrence Board - Police Commission RE: Quarterly Report - April -June 2025 (2 Quarter)nd Dear Members: I’m pleased to present the Hobart-Lawrence Police Department’s Second Quarter Report for 2025. Over the past three months, our team has continued to make meaningful progress across all key areas—community partnerships, strategic planning, recruitment, accreditation, and public engagement. One of the most significant advancements this quarter is the establishment of a new partnership with the Fox Cities Victim Crisis Response (VCR) Team. This volunteer-based nonprofit organization, founded by the Appleton Police Department in 1997, has earned a strong regional reputation for providing immediate, compassionate support to individuals and families affected by trauma. Their mission is simple but powerful - They listen, they support, and they provide resources. This partnership enhances our ability to care for victims and their families during some of the most difficult moments of their lives—ensuring they are treated with dignity, respect, and compassion. We’re honored to join a network of respected agencies already working with the VCR Team and are confident this collaboration will strengthen our ability to serve the Hobart and Lawrence communities. At the end of Q2, we also launched our 5-Year Strategic Planning Community Survey, inviting residents to help shape the future of public safety in our two municipalities. The feedback we receive will help guide our priorities to: Strengthen trust and transparency Reduce crime and the fear of crime Support officer wellness and readiness Deliver innovative, efficient public safety services We believe the voices of our community members are essential in defining what public safety should look like, and we thank everyone who has taken time to contribute their thoughts so far. Looking ahead, excitement is building for National Night Out, which will take place on Tuesday, August 5th at Hemlock Creek Elementary School. This signature community event continues to grow each year, offering families a chance to meet our officers, enjoy food and activities, and celebrate the partnership between law enforcement and the public we serve. On the recruitment front, we are actively conducting an eligibility hiring process to prepare for a potential patrol officer vacancy this fall. In addition, our Lateral Transfer Program continues to attract experienced candidates from across the state—offering accelerated pay and benefits for those who bring prior law enforcement service to our department. PAGE 36 Introduction Internally, we’re proud to share that we’ve successfully completed both our mock and official assessments for WILEAG Core Verification program. This achievement confirms that our policies and practices meet essential state and federal standards in operations, use of force, management, and community relations. We anticipate final approval from the WILEAG Board in September, which will mark a major milestone in our pursuit of full accreditation and long-term professional excellence. While overall incident volume remains down compared to 2024, the data reflects a meaningful upward shift in operational activity and engagement. At the end of the first quarter (Jan-Mar), we were tracking 33.3% below 2024 levels. As of the close of the second quarter (April - June), that gap has improved to 22%—an 11% gain in one quarter, marking significant momentum in the right direction. This improvement isn’t the result of manufactured busyness or superficial metrics. It reflects authentic, measurable progress—the result of strategic focus, consistent staffing, and increased field engagement. Officer- Initiated Activity declined only 8.8% quarter-over-quarter (excluding April), and Citizen Contacts and Warnings increased by 8.4%, pointing to a more proactive, visible presence across the community. Traffic Enforcement also remained consistent between quarters, with equal totals for citations and speeding enforcement. This area continues to be closely monitored. While the numbers are steady, they align with our education-first enforcement approach. The rise in warnings signals that officers are engaging constructively with drivers, encouraging voluntary compliance. Importantly, we know traffic enforcement is not just about volume—it’s about impact. True effectiveness lies in balancing visibility, deterrence, education, and accountability. We are committed to monitoring both the quantitative data and the qualitative outcomes to ensure our enforcement strategies create safer roads and build public trust. This momentum is also being fueled by leadership that is still relatively new but already making a difference. Our Captain has been in place for only eight months, and our newest Lieutenant for six—yet their direction, expectations, and investment in our personnel are beginning to reshape the department in lasting ways. As this leadership team continues to build, we’re seeing a shift not just in numbers, but in mindset, mission alignment, and sustained progress. We still have work to do—but the results show that we are closing the gap, regaining ground, and building toward a more stable, responsive, and professional department. As we close out this productive second quarter, I want to thank each of you for your continued trust and support. I remain deeply proud of our officers, staff, and partners who make this mission possible every day. Respectfully, Michael Renkas Chief of Police Hobart-Lawrence Police Department Quarterly Report - 2 Quarter 2025nd PAGE 37 2 0 8 6 2 3 2 3 - 1 0 % 3 7 0 4 4 7 5 0 - 2 2 % 9 1 4 8 7 9 4 % 1 6 9 1 1 6 4 8 3 % 1 1 7 2 1 4 4 4 - 1 9 % 2 0 1 3 3 1 0 2 - 3 5 % 2 4 0 1 3 7 7 5 % 3 9 6 7 2 4 - 4 5 % 2 6 3 3 2 3 - 1 9 % 4 5 6 7 3 9 - 3 8 % 4 1 7 2 - 4 3 % 6 8 1 7 6 - 6 1 % 9 1 4 - 3 6 % 1 7 2 1 - 1 9 % 1 4 2 9 - 5 2 % 3 6 7 4 - 5 1 % 2 2 0 % 2 6 4 1 - 3 7 % 8 8 0 % 1 8 1 8 0 % 6 9 7 4 - 7 % 1 4 0 1 3 1 7 % 6 8 7 6 - 1 1 % 1 4 6 1 8 9 - 2 3 % 0 0 0 % 1 2 - 5 0 % 1 2 - 5 0 % 3 2 5 0 % 0 0 0 % 0 0 0 % 4 7 - 4 3 % 9 1 5 - 4 0 % Total # of Incidents Requests for Service Officer Initiated Citizen Contacts/ Warnings Traffic Citations Speeding OWI Ordinance Summons Parking Tickets Warrant Pick Ups Accidents (TRAcS) District Attorney Referrals/ In-Custody Juvenile Criminal Referrals Emergency Detentions Alcohol Holds Animal Bite This Quarter This Quarter This Quarter Last Year This Quarter Last Year % Change % Change Year to Date Year to Date Last Year to Date Last Year to Date % Change % Change Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 5 - S N A P S H O T PAGE 38 H O B A R T PAGE 39 H O B A R T PAGE 40 H O B A R T PAGE 41 DIGNITY COMPASSION H O B A R T COMMITMENT INTEGRITY H O B A R T A V G . R E S P O N S E T I M E N U M B E R O F C A L L S 5 : 5 4 2 2 9 1 PAGE 42 L A W R E N C E PAGE 43 L A W R E N C E PAGE 44 L A W R E N C E DIGNITY COMPASSIONCOMMITMENT INTEGRITY L A W R E N C E A V G . R E S P O N S E T I M E N U M B E R O F C A L L S 5 : 1 9 1 6 3 6 PAGE 45 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 5 - C R A S H D A T A L A W R E N C E H O B A R T There were 67 total crashes reported resulting in 0 fatalities and 9 injuries. PAGE 46 MEMPHIS SOLUTIONS2018 | MARCH 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 50 100 150 200 To ensure the department has the proper resources necessary for the delivery of high quality police services to the residents of both Hobart and Lawrence, we carefully analyze a variety of workload factors for planning purposes. This includes tracking and reviewing the number of police incidents as well as when they are occurring. Calls for service can be initiated by a variety of means to include, but not limited to, officer observed, being dispatched by 911, approached in person, email correspondence, and/or social media notifications. Calls for service can vary in nature, severity, and level of resources needed to address the issue. Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 5 - C A L L S B Y D A Y & T I M E Q1 (Adjusted Jan-Mar) Q2 PAGE 47 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 5 - I N V E S T I G A T I O N S The Hobart-Lawrence Police Department responded to a total of 101 cases involving investigation in Q2 2025. Below is a breakdown of the major incident types and their percentages: Incident Type Breakdown Theft and Property Crimes: 21 cases (20.8%) Fraud and Con Games: 7 cases (6.9%) Disturbances (Including Domestic): 14 cases (13.9%) Warrant and Court-Related Calls: 6 cases (5.9%) Drug-Related Activity: 5 cases (5.0%) Includes possession of cocaine, THC, methamphetamine, and drug paraphernalia. Arrests were made in several cases, with evidence secured for destruction or prosecution. Operating While Intoxicated (OWI) Arrests: 7 cases (6.9%) Other Incidents: 41 cases (40.6%) Includes animal complaints (dog/cat bites), accidents (hit and run, reportable), child custody disputes, sexual assault, harassment, missing persons, ordinance violations, welfare checks, and suspicious deaths. Key Performance Highlights Theft and Burglary Investigations: The department prioritized theft and burglary cases, focusing on recovering stolen property, such as laptops and vehicle license plates, with ongoing efforts to identify suspects via NCIC entries and citizen-provided evidence. Domestic Violence Response: Swift action was taken in domestic disturbance cases, with arrests for battery, disorderly conduct, and bail jumping, ensuring victim safety and compliance with DVOs. Fraud Investigations: The department actively pursued fraud cases, including significant financial losses from scams, with follow-up investigations ongoing to trace fraudulent transactions. Drug Enforcement: Targeted arrests for possession of controlled substances, including cocaine and methamphetamine, strengthened community safety. OWI Enforcement: The department addressed OWI incidents with arrests and citations, emphasizing road safety through enforcement of alcohol-related driving offenses. Community Safety and Welfare: Responded to diverse calls, including animal bites, welfare checks, and a suspicious death, demonstrating a commitment to comprehensive community policing. PAGE 48 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 5 - C A N I N E T E A M S PAGE 49 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 5 - A D M I N I S T R A T I V E 70 46 AMOUNT Open Record Requests Bartender Applications ACTIVITY The administrative division of the police department consists of the Chief of Police, Captain, Administrative Assistant, and a part-time records clerk. Managing the department budget, schedule, officer training, and writing policies and procedures are just a few of the tasks that the Chief of Police and Captain conduct. Our Administrative Assistant and records clerk are typically our first point of contact with our citizens either in the lobby or by phone. Their primary tasks include fulfilling records request, ensuring quality reports, and distributing reports as needed. Abiding to State of Wisconsin records laws, we disperse reports to those who request copies. These again are just a few of the tasks that are required of them. January February March April May June July August September October NovemberDecember 0 5 10 15 20 25 30 O P E N R E C O R D R E Q U E S T S 18 5 Other Background Checks Permit Renewal or Ordinance Variance PAGE 50 Q U A R T E R L Y R E P O R T 2 Q U A R T E R 2 0 2 5 - A C C O U N T A B I L I T YN D Use of Force Incidents Subject/Officer Injuries 1 2 There were two incidents that involved use of force during the second quarter of 2025. Two officers were involved in using force during one incident. This incident occurred while assisting another agency on a high-risk traffic stop. The subject would ultimately arm himself with a weapon capable of causing death or great bodily harm to others. Two officers deployed department 40 MM Foam Baton projectiles at the subject. The subject was ultimately taken into custody and transported to an area hospital for treatment. This incident was reviewed and the use of force was found to be justified and within departmental policy and procedure. The second incident involved an officer pointing a firearm at a subject who fled in a vehicle following a violent domestic disturbance reported by another agency. After the vehicle was successfully immobilized, the assisting officer drew his department-issued firearm and maintained control of the subject until he was taken into custody without incident. A review of this incident determined that the use of force was justified and in accordance with departmental policy and procedure. USE OF FORCE COMPLAINTS Complaints Received 0 HLPD is committed to transparency and accountability while improving community confidence. Tracking and reporting complaints is a measure to meet those goals. This chart will track any allegation of serious and/or minor misconduct that is reported against any employee - either civilian or sworn - reported from individual(s) outside the police department. During the second quarter of 2025 the department received no complaints against an officer(s) or staff. The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their legitimate duties. The Hobart-Lawrence Police Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. Our Use of Force Policy is available online - https://www.hobart-wi.org/police- resources. PAGE 51 Ofc. Tremel - K9 Maintenance Training TRAINING ACTIVITY Q U A R T E R L Y R E P O R T 2 Q U A R T E R 2 0 2 5 - T R A I N I N GN D Q U A R T E R L Y R E P O R T 2 Q U A R T E R 2 0 2 5 - C O N C L U S I O NN D The Hobart-Lawrence Police Department is committed to providing high quality, professional police services to the residents, business owners, and visitors to both the Village of Hobart and the Town of Lawrence. We aim for the information in this report to demonstrate our success in meeting this goal. Should this report generate any questions or concerns, we would be happy to answer them. Chief Renkas - Wisconsin Command College Lt. Allen & Ofc. Cambray - Pepperball Instructor / Armorer Inv. Van Lanen - WI Homicide Conference Inv. Van Lanen - ICAC Conference Ofc. Peterson - Professional Communication Instructor Course Ofc. Peterson & Ofc. Cambray - Realistic De-Escalation Instructor Course Ofc. Radke - ALERRT (Advanced Law Enforcement Rapid Response Training) Ofc. Schroeder - Interior Drone Operations Ofc. Manning - Following the Evidence in Child Exploitation Cases Department In-Service (April) - Scenarios/Room Clearing/Interior Drone/Less Lethal Department In-Service (June) - Report Writing - Active Threat Training (School Setting) PAGE 52 MEMORANDUM TO: Park and Recreation Committee FROM: Aaron Kramer, Village Administrator RE: Changes to Chapter 215 (Parks and Recreation Areas) of the Municipal Code DATE: July 15th 2025 BACKGROUND Chapter 215 (Parks and Recreation Areas) is the ordinance which governs our parks in Hobart. In reviewing it over the past year, it is clear that some portions of the ordinance need to be updated, modernized, and possibly modified. The initial review of those proposed changes was done at the April Parks and Recreation Committee meeting. MUNICIPAL CODE VS. NEW ORDINANCE The following list contains the significant changes in the proposed ordinance versus the existing Municipal Code. This list may not contain all the proposed changes. • Closing park facilities to the public (215-4) – The new language provides the Village Board clear direction on how to close the park, or any portion of the parks. • Interference with employees. (215 -5) – This new language provides a level of protection to Village staff or “any employee of a contractor” from being harassed or impeded while performing their official duties or work in the parks. • Smoking Prohibited (215-7) - The proposed ordinance clearly addresses smoking in the park, which the current code does not. It states that “(n)o person shall be permitted to smoke or to hold a lighted cigarette, cigar, pipe, or vaping device in any building or section of a building or in any park or parkway area where officially posted notices so prohibit,” and “(n)o person shall throw or drop a lighted cigar or cigarette or empty a lighted pipe from an automobile moving along a parkway drive. • Excessive noise prohibited (215-9) – This has been modified to more closely mirror Wisconsin St atute 349.135 (Authority to Regulate Radios or Other Electric Sound Amplification Devices ), which grants municipalities the authority to regulate the operation of vehicles with radios or other electric sound amplification devices that emit sound audible from a distance of 50 or more feet. • Fireworks, weapons, and traps prohibited (215-13) – The current Municipal Code prohibits trapping in the title of this section but contained no actual language regarding trapping. The proposed ordinance does. • Making of fires restricted (215 -15) – This section now includes one additional stipulation – “No person or group shall leave a fire or charcoal burner and grills unattended, and all fires shall be extinguished before leaving the area.” • Trespass in parks prohibited (215-16) – The proposed ordinance addresses the issue of service dogs in the parks (would now be clearly allowed). Animals are not allowed in parks or parkways, except for dogs “on a visible leash no longer than six feet and under full control of the owner/handler.” This section of the proposed ordinance requires that PAGE 53 “ if a dog defecates in the park, the dog owner/handler must clean up after the dog and remove such excreta from the park immediately and place in proper waste receptacles.” Failure to do so could result in a citation. • Traffic codes (215-20) – The new ordinance more clearly defines the parking and traffic regulations and rules. • Possession of alcoholic beverages (215-25) – This section of the new ordinance is a major revision of our current alcohol regulations for the parks, to more clearly reflect state law and our local regulations and practices. • Police Duties and Enforcement (215-26) – This section has been added at the request of the Police Chief and clearly defines the roles and responsibilities of the Hobart-Lawrence Police Department in our parks. RECOMMENDATION To approve Ordinance 2025-09 (Park and Recreation Areas) PAGE 54 ORDINANCE 2025-09 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 215 (PARK AND RECREATION AREAS) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN Purpose: The purpose of this Ordinance is to amend the portion of the Municipal Code which governs the parks and recreation areas of the Village. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Chapter 215 (Parks and Recreation Areas) is hereby repealed and recreated to read as follows: § 215-1. Purpose The purpose of this chapter shall be to protect the parks and parkways and appurtenances thereto in the Village from fire, abuse and desecration; to provide for the recreational use of these areas; to control and regulate traffic and maintain general order therein; and to further the safety, health, comfort, morals and welfare of all persons while within the limits of the parks and parkways. § 215-2. Definitions Certain words and terms in this chapter are to be interpreted as defined herein. A. “Committee” shall be defined as the Parks and Recreation Committee. B. “Park” and “Parkway” shall be defined to include the grounds, buildings thereon, water therein and any other property which is now or may hereafter be under the control or jurisdiction of the Village of Hobart. C. “Person” shall be designed to include any individual, firm, partnership, corporation and association of persons, and the singular number shall include the plural. § 215-3. Closing hours in parks A. Presence prohibited when closed. All public parks and public playgrounds in the Village shall be closed from 10:00 p.m. to 6:00 a.m. No person shall be within the parks between these hours, except as permitted with a park, park facility, pavilion or picnic shelter reservation. PAGE 55 B. Exemption. The Village Administrator or his/her designee may grant to any group wishing to use a specific public park or public playground permission to use such public park or public playground during closed hours beyond 10:00 p.m. Permission shall be given in writing and shall contain the name of the group, the name of the responsible person in charge of the group, the extended closing time, and the date for which permission to use the specific public park or public playground beyond the closed hours is granted. § 215-4 Closing park facilities to the public. In case of an emergency, or when in the judgment of the Village Board the public interest demands it, any portion of the parks or parkways or buildings therein may be closed to the public or to designated persons until permission is given to return. § 215-5 Interference with employees. No person shall interfere with or in any manner hinder any employee of the Village of Hobart nor any employee of a contractor while engaged in constructing, repairing or caring for any portion of the parks or parkway or while in the discharge of the duties conferred by this chapter. § 215-6 Disorderly conduct. A. No person shall use threatening, abusive, insulting, obscene, indecent language which constitutes a breach of the peace. B. No person violating any of the prohibitions enumerated in Subsection A above shall be allowed to remain in any park or parkway. § 215-7 Smoking Prohibited. A. No person shall be permitted to smoke or to hold a lighted cigarette, cigar, pipe, or vaping device in any building or section of a building or in any park or parkway area where officially posted notices so prohibit. B. No person shall throw or drop a lighted cigar or cigarette or empty a lighted pipe from an automobile moving along a parkway drive. § 215-8 Waste disposal. A. No person shall scatter, drop, or leave any piece of paper, rag, tin can, plastic, glass, peanut shells, melon rinds, banana peel or other garbage, dead flowers or other rubbish in any portion of the parks or parkways except in the receptacles provided for that purpose. All trash created by a person(s) or group utilizing the park with a park, park facility, pavilion or picnic shelter reservation shall be removed from the premises by said person(s) or group. PAGE 56 B. No person(s) shall deposit, dump, throw or place any earth, rubbish, dust, manure, paper, garbage or other refuse matter or any sand, stone, lumber or building material or any substance in the water, grounds or roadways of any park or parkway without permission of the Village Board or designee. C. Burning of garbage or other rubbish in barrels is prohibited. D. Glass beverage containers of any kind or measure whatsoever are prohibited. E. Special events. The person in charge of a special event is responsible for the removal of all garbage from the grounds after the event. The Village will provide the containers with large garbage bags for this purpose. § 215-9 Excessive noise prohibited. A. Any noise that is clearly audible from a distance of 50 feet or more is prohibited unless specifically permitted in connection with a public gathering or a temporary exclusive use for which a permit has been granted. This may include, but is not limited to, radios or other electronic sound amplification devices. B. No bands or DJs are allowed to set up and perform outside, unless permission is granted through a special events permit. § 215-10 Permit required for advertising; sales. A. No person shall sell, keep or offer for sale any tangible or intangible article, merchandise or thing; nor solicit for any trade, occupation, business or profession, or for alms, within any park or parkway, without receiving proper permits (See Ch. 142). B. No person shall distribute, post, affix or display any card, handbill, sign, placard, target, banner, flag (except of the United States), or advertisement of any kind within any park or parkway, or upon any of the gates or enclosures thereof without receiving proper permits (See Ch. 142). § 215-11 Permit for fermented malt beverages in conjunction with special event. A. Special event permit required. No person or group shall sell, offer for sale or give away any fermented malt beverages in a park in conjunction with a picnic or other special event without first obtaining a permit (See Ch. 250). B. Issuance; conditions; fee. Such permits may be issued after review and comments of the application by the Police Department, Fire Department, Public Works, and any other related department; and upon receipt of such information as they may require from the applicant, and upon the receipt of a permit fee as identified in the fee schedule. Permits shall be valid for that period of time to be specified by the special event permit. (See Ch. 250). PAGE 57 § 215-12 Interferences with permittees prohibited. A. No person shall in any manner disturb, harass or interfere with any person or party holding a written permit as indicated previously, nor with any of their equipment or property. B. Rentals for the exclusive use of any picnic or play area for any specified date or time may be granted on a first come, first served basis by the Village Clerk and no person shall in any manner disturb or interfere with any person or party occupying the ground under such rental, nor with any of their equipment or property. § 215-13 Fireworks, weapons, and traps prohibited. No person shall carry, fire, or discharge any gun, pistol or firearm, nor any rocket, torpedo or any other fireworks of any description, nor shall any person hunt with bow and arrow within any park or parkway. The word "gun" shall include air gun. No trapping of any kind is permitted unless conducted by a member of the Village of Hobart, or by a person contracted through the Village of Hobart. § 215-14 Throwing of stones or missiles or hitting golf balls prohibited. No person shall throw stones or missiles, or hit golf balls in or into any park, parkway or waterways. § 215-15 Making of fires restricted. A. No person shall make or kindle a fire for any purpose except in places provided therefore and then subject to such regulations as may be prescribed. B. The use of charcoal burners and grills in designated picnic areas shall be permitted, provided lawns and other vegetation are not damaged; and provided, further, that all unburned coals or ash are disposed of in such a manner as to prevent fire or damage to any park property. C. No booyah kettles or other similar cooking utensils are allowed with an open fire unless placed on a raised steel platform with a minimum of four inches of air space between the ground surface and platform. D. No person or group shall leave a fire or charcoal burner and grills unattended, and all fires shall be extinguished before leaving the area. § 215-16 Trespass in parks prohibited. A. No person shall operate a motor vehicle or any other vehicles, ride a horse or walk in any part of the property in a park except upon facilities provided, therefore. PAGE 58 B. Animals prohibited in parks. Animals (except for any service animal) are not allowed in parks or parkways. (1) Exceptions a. Dogs on a visible leash no longer than six feet and under full control of the owner/handler. b. If a dog defecates in the park, the dog owner/handler must clean up after the dog and place such excreta in proper waste receptacles. § 215-17 Fish, waterfowl, game birds and animals protected. No person shall kill, injure or attempt to injure, or unnecessarily disturb any waterfowl or other birds or animals, wild or domestic including ponies, within any of the parks or parkways. Nor shall any person rob or disturb the nest or eggs of any bird or other animal therein. § 215-18 Injury to vegetation, structures and equipment prohibited. A. No person shall climb any tree, or pluck any flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure or deface, write upon, defile or ill use any tree, shrub, flower, flowerbed, turf, fountain, ornament, statue, building, fence, apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway. B. No person in any park or parkway shall remove any device for the protection of trees or shrubs; nor shall any person fasten a horse or other animal next to any tree, shrub or grass plot which may become damaged by the animal. C. No person shall operate a metal detector in any park. § 215-19 Camping regulated. A. No person shall sleep or camp or lodge in any park or parkway. An authorized person charged with guarding property overnight for a special event is exempted from this regulation. B. No person shall erect a tent or similar appurtenances except with special permission obtain through receiving a special event permit (See Ch. 250). § 215-20 Traffic codes. A. Parking and driving of any motorized vehicles is prohibited on non-paved areas in parks or parkways, except as maybe identified through a special event permit (See Ch. 250). This shall not apply to vehicles PAGE 59 engaged in construction, maintenance or operation of the parks or parkways, nor to vehicles making deliveries to parks or parkways, nor to emergency vehicles. B. No parking is allowed in places reserved for Fire Department personnel only, nor in posted areas along the property. C. Regular drives and parking areas. No person shall drive any automobile, motorcycle, snowmobile, UTV, ATV, or other vehicle of traffic or burden upon any part of the parks or parkways except the proper drives and parking areas, or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive. D. Parking regulations. Vehicles normally shall be parked in designated parking areas. Parking along roads and drives may be controlled by appropriate signs. § 215-21 Shelter; ballfield rental and fees. It will be necessary to reserve the shelter and/or the ballfield for both special events and league play. Reservations will be scheduled by the Village Clerk and will be on a first come, first served basis. Fees will be reviewed on a yearly basis and will be determined on costs incurred during the season for maintenance, lighting, and other operating expenses. § 215-22 Cleanup. A. All grounds, buildings and parking areas must be cleaned of any garbage, rubbish, or refuse after a special event, league softball, lacrosse, or other event. B. The responsible person in charge will receive a list of specific cleanup regulations prior to the event. § 215-23 Closing. The responsible person in charge of a special event, softball league, Lacrosse, or other event will receive specific regulations on proper closing procedures prior to each event. § 215-24 Possession of alcoholic beverages A. Permitted Use. Alcoholic beverages may be possessed and consumed in the Village of Hobart parks under the following conditions: 1. When a park facility, pavilion, or picnic shelter is reserved, and the reservation form explicitly indicates that alcoholic beverages will be present at the event; 2. When authorized and approved by a Special Event permit; or PAGE 60 3. In park areas designated for general public use, where consumption does not disrupt others’ activities, provided such areas are not otherwise restricted and no special event or reservation is in effect. B. Restrictions on Type and Location. 1. No alcoholic beverages shall be allowed: a. During school-sponsored events held in any park; or b. On any court (e.g., basketball, tennis, pickleball, etc.) or field (e.g., soccer, lacrosse, football, baseball, etc.) located within any park. C. Time Restrictions. 1. No person shall possess an open container of a permitted alcoholic beverage or consume such beverage in any park before 10:00 a.m., except as provided below: a. As otherwise specified in an approved Special Event permit. D. Prohibited Conduct and Enforcement. 1. Any person who has consumed alcoholic beverages to the extent that their blood alcohol concentration exceeds the legal limit for operating a motor vehicle (as defined by Wis. Stat. § 346.63) may be: a. Immediately ejected from the park; and b. Held responsible for any damages caused within the park as a result of their conduct. E. Penalties. 1. Any person violating this section, or a permit holder who violates the Terms and Responsibility Agreement of an approved permit, may be subject to forfeiture as provided under Village ordinances. 2. A violation may also result in the denial of future permit requests. § 215-25 Police Duties and Enforcement A. Duty to Enforce. It shall be the duty of the Village Police Department and its officers to enforce the provisions of this chapter, and all park rules and regulations established. No person shall resist, obstruct, or interfere with a police officer in the lawful discharge of these duties. PAGE 61 B. Authority of Peace Officers. 1. Any peace officer of the Village may, without a warrant, arrest any person detected in the act of violating any provision of this chapter and shall promptly bring the arrested person before a court of competent jurisdiction. 2. Peace officers shall have the right, at all times, to enter any building, structure, or enclosure within a park or parkway, including areas leased or designated for private or exclusive use by individuals or group, to arrest violators of this chapter, using all necessary and lawful means to effect such enforcement. § 215-26 Violations and penalties. Any person violating this chapter shall be subject to the penalties provided in § 1-3. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 5th day of August 2025. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 5, 2025. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 62 THIRD HOBART-LAWRENCE INTERGOVERNMENTAL POLICE PROTECTIVE SERVICE AGREEMENT This Agreement, by and between the Village of Hobart, a political subdivision of the State of Wisconsin, Brown County; and the Town of Lawrence, a political subdivision of the State of Wisconsin, Brown County; is entered into pursuant to the authority of §60.56, §61.65, and §66.0301, Wis. Stats, and is agreed to as follows: WHEREAS, the Village of Hobart has established and operates a joint police department pursuant to §61.65 (1) (a) 3, Wis. Stats. with the Town of Lawrence and has also created a joint police commission pursuant to §61.65(3g) (c), Wis. Stats. with the powers and duties granted in §62.13, Wis. Stats.; and WHEREAS, the Town of Lawrence has established and operates a joint police department pursuant to §60.56 (1) (a) 4, Wis. Stats, with the Village of Hobart and has also created a joint police commission pursuant to §60.56(1) (am)1, Wis. Stats. with the powers and duties granted in §62.13, Wis. Stats the joint commission does not have optional powers and provided at Wis Stats § 62.13(6); and WHEREAS, the Village of Hobart and the Town of Lawrence recognize the benefit of intergovernmental cooperation in maintaining a joint police department and a joint police commission; and WHEREAS, The Village of Hobart and the Town of Lawrence recognize the service and cost benefits of intergovernmental cooperation and have determined by the corporate authorities of Hobart and Lawrence respectively, that this Agreement is in the best interest of the public health, safety and welfare of the citizens of each of the signatory municipalities; and WHEREAS, the Village of Hobart and the Town of Lawrence wish to establish the cost and fiscal operating procedures of the police protective services to be provided by the joint police department to each municipality. NOW, THEREFORE, the Village of Hobart and the Town of Lawrence, in consideration of mutual promises, covenants, conditions and obligations as set forth herein, do hereby enter into this intergovernmental cooperation agreement as follows: ARTICLE I DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: A. Municipalities: The Village of Hobart (“Village”) and the Town of Lawrence (“Town”) may be jointly referred to as the “municipalities.” It is understood that at any time during this agreement either municipality can change their governmental structure and incorporate it into a Village, City, or any other form of government. Such a change by either municipality shall not have any impact or bearing on this agreement. PAGE 63 B. Chief of Police: The Joint Police Commission shall appoint an individual to be the “Chief of Police” who shall hold his/her office during good behavior as outlined in §62.13(3). C. Police Services: Diverse activities directed toward the attainment of the objectives of enforcing the law, preventing and deterring crime, arresting criminal offenders, maintaining the public health, safety, and peace and order, and providing service to the community. Such activities include, but are not limited to: 1) Conducting criminal investigations of incidents of crime in order to arrest responsible person(s) for prosecution; 2) Directing and enforcing laws; 3) Responding to emergency and non-emergency calls for service; 4) Conducting field interviews; 5) Arresting criminal offenders; 6) Directing and controlling traffic; 7) Issuing citations and summons; 8) Appearing in court; and 9) Obtaining and maintaining evidence. These activities illustrate the comprehensive police services provided each day of the year, on a twenty-four (24) hour per day basis within the jurisdictional boundaries of the municipalities. ARTICLE II PURPOSE AND INTENT The purpose of this Agreement is to sustain public safety and protect life and property within the Village of Hobart and the Town of Lawrence through enforcement of local, state and federal laws through the use of the joint police department services, for all persons and properties located within the Village of Hobart and the Town of Lawrence and consistent with intergovernmental cooperation as described in §66.0301, §61.65, and §60.56, Wis. Stats. It is the common belief of The Village of Hobart, and the Town of Lawrence, that superior and more effective police services can be secured and promoted within the Municipalities by the cooperation of the municipalities. ARTICLE III SERVICE PROVISIONS During the term of this Agreement, including any extensions or renewals, the Village of Hobart and the Town of Lawrence shall be regarded as equal and integral subdivisions within the general police jurisdiction. The department’s patrol division will operate with assigned sectors. As established in 2024 and currently in effect at the time of this Agreement, the department will provide at least one squad car for police protection and services in the North Section and one squad car in the South Section. One squad car will be regularly assigned to each section to provide 24-hour coverage, seven (7) days a week. The assigned car to either section is subject to temporary redeployment for police emergencies or officer PAGE 64 safety considerations to the other section, or (as determined by the Chief of Police) to another jurisdiction in response to a mutual aid request. An exception to this requirement is when the department only has one (1) officer working due to vacation leave, compensatory time off, sick leave, or other vacancy, which reduces the department to only a single patrol officer on duty. In those instances, the sole patrol officer on duty will use his or her discretion, under the direction of the Chief of Police, on where they will patrol; however, reasonable efforts will be made to ensure they patrol both sections. The joint police department’s full-time administrative office shall be maintained in the Village of Hobart. A substation shall be provided by the Town of Lawrence for officers to conduct police services and other community activities. A workstation with internet connection will be placed in the Town substation. All communications equipment in the squad car(s) and substation shall be provided by the Village. The Village shall not provide any non-sworn clerical staff at the Town substation, and any and all costs and expenses associated with any non-sworn clerical staff at the Town substation shall be the sole responsibility of the Town. All markings and materials used by the Joint Department shall include references to both the Village of Hobart and the Town of Lawrence by “Hobart-Lawrence” Additionally, the parties agree to meet and discuss the potential expansion of the joint police department should any other municipality express interest in joining. Such discussions shall consider the financial, operational, and governance impacts of expansion, as well as the equitable distribution of costs and resources. Any decision regarding expansion shall be made collaboratively and in good faith, ensuring that the interests of existing municipalities and the effective provision of public safety services remain the top priority. ARTICLE IV AUTHORITY AND CONTROL OF PERSONNEL The Chief of Police will direct and manage the operations of the department and supervise the delivery of police services understood in this Agreement. The Employee Agreement Police Chief for the Village of Hobart and Town of Lawrence outlines the overall structure of accountability for the Chief of Police. Sworn police officers shall take an oath in each municipality, which shall be administered by an official authorized to administer oaths - ideally this will be done prior to undertaking law enforcement duties pursuant to this Agreement to enforce ordinances of either the Village or the Town. Every sworn police officer is deemed a sworn officer of each municipality while performing the services, duties, and responsibilities hereunder and is vested with police powers that are necessary to provide police services within the scope of this Agreement regardless of what section they are assigned to on a given day. Sworn police officers and other assigned personnel shall be and hereby are vested with the additional power to enforce the applicable federal law, Wisconsin statutes and ordinances of the Village or the Town, to make arrests or issue citations incident to the enforcement of the applicable such law, and to perform other tasks as are reasonable and necessary in the exercise of their powers. This vesting PAGE 65 of additional powers to enforce the applicable ordinances of the Village and Town is made for the sole and limited purpose of giving official and lawful status to the performance of law enforcement services provided by sworn officers within the municipalities. Sworn police officers and other assigned personnel shall enforce applicable Village and Town ordinances, Wisconsin statutes, and shall appear in the joint municipal court or circuit court as necessary to prosecute cases made therein. All sworn officers, as well as any other department personnel assigned under this Agreement are and will continue to be employees of the Village for all purposes, including but not limited to the following: employee benefits, grievances, payroll, pension, annual or sick leave, training, and workers compensation. Nevertheless, upon termination of this Agreement, the municipality initiating termination shall be solely responsible for and reimburse the other party for all employment related costs and expenses for all department personnel laid off. This shall be done until the said time that the personnel are hired by any employer, are no longer receiving any employment-related compensation or benefits attributable to their employment with the department, or a period of one (1) year has passed from the date of the layoff, whichever is first. All sworn officers, as well as any other personnel assigned under this Agreement are and will continue to be part of the joint police department command structure. Police department personnel are under the supervision of the Chief of Police. ARTICLE V PAYMENT TERMS In consideration of these services and control mechanisms agreed to, the Town of Lawrence shall pay to the Village of Hobart a fixed annual fee payable in twelve (12) equal monthly installments. Payments will be made no later than the 10 th day of each month. The term of the Agreement shall be for ten (10) years. The fee for years one (1) through ten (10) shall be as provided below. The understanding for this agreement is the current level of staff and service that is provided to each municipality. This is eight (8) Patrol Officers, two (2) Full-Time Lieutenants, two (2) Part-Time Lieutenants, two (2) School Resource Officers, one (1) Investigator, one (1) Captain, one (1) Chief of Police, one (1) Full-Time Administrative Assistant and one (1) Part-Time Records Clerk. If the Town of Lawrence deems it necessary to add coverage to their section an agreed upon increase reimbursement of services will be discussed by July’s first regular scheduled board meeting – Lawrence will be responsible for the entire costs of doing so. Additionally, if the Village of Hobart deems it necessary to add coverage to their section, the Village will be responsible for the entire costs of doing so – there will not be a corresponding increase to the annual fee to Lawrence. The exception to this rule is the increase of the additional resources that would be utilized by both municipalities (for example an additional investigator position or records personnel are added). These increases for services will also be discussed by July’s first regular scheduled board meeting. After the year 2032 of this term, the Village of Hobart and the Town of Lawrence shall meet to discuss the joint agreement, update as necessary, and adjust the fee schedule. PAGE 66 YEAR FEE 2025 $793,903.84 2026 $793,903.84 2027 $833,599.03 2028 $875,278.98 2029 $919,042.93 2030 $964,995.08 2031 $1,013,244.83 2032 $1,063,907.07 2033 $1,117,102.42 2034 $1,172,957.54 2035 $1,231,605.42 If the formula agreed upon below indicates it is necessary to propose a fee exceeding the amount generated by the agreed upon fee schedule above, written notice must be provided to the Town of Lawrence prior to the first regularly scheduled meeting in July. This notice will initiate a joint board meeting to discuss and take action on the proposed increase for the following fiscal year. Increases to the agreed fee schedule are based on a formula trigger that factors in: • The five-year percentage of total police department Calls for Service (CFS) • The percentage of total Equalized Valuation • The population of the municipalities The formula is: X = (Average of CFS + Equalized Valuation + Population) × (General Fund + Capital Fund) An immediate trigger occurs if the five-year CFS percentage reaches 50-50. For other factors, each must independently reach 50-50 before being considered for triggering the formula. Conversely, if the overall cost savings occur due to environmental factors, staffing shortages, or other material changes impacting service levels, either party may request a review of the financial impact for that year. If a demonstrable case can be made that service levels provided were measurably lower than the agreed-upon terms, a compensation review will be conducted. The review shall consider unexpended funds, including but not limited to salary and benefit savings resulting from prolonged staffing vacancies. Any reimbursement or financial adjustment resulting from the review shall be calculated based on the original funding structure of one-third (1/3) and two- thirds (2/3) as outlined in the initial agreement. Requests for such a review must be made in writing and supported by relevant financial and operational data. If an adjustment is warranted, the parties shall meet in good faith to determine the appropriate reimbursement or allocation of savings. This clause shall not be construed as an automatic entitlement to reimbursement but rather as a framework for equitable financial adjustments based on service levels and cost savings realized. PAGE 67 The Village of Hobart and the Town of Lawrence are hereby established as the founding members of the Hobart-Lawrence Police Department (the "Police Department"). The Municipalities shall jointly oversee the formation, operation, and funding of the Police Department in accordance with the terms set forth in this Agreement, including the cost-share formula outlined above. Notwithstanding the foregoing, if additional municipalities join the Police Department subsequent to its formation, the existing terms of the cost-share formula applicable to the Municipalities shall not automatically extend to such additional municipalities. The inclusion of any additional municipalities shall trigger a mandatory review of the cost-share formula and related funding provisions. During such review, the Municipalities shall collaborate in good faith to assess the financial and operational impacts of the expansion and, if deemed necessary, propose and adopt amendments to this Agreement to equitably adjust the cost-share formula and other relevant terms. Any such amendments shall be documented in writing and executed by all parties to this Agreement then in effect. ARTICLE VI OWNERSHIP OF ASSETS In the event of termination of this Agreement, the party that begins the termination process shall abdicate ownership of police equipment to the other party. All real estate buildings and fixtures (hereinafter “facilities”) shall remain the property of each of the respective municipalities. Any and all operating costs regarding or relating to these facilities including, but not limited to insurance coverage, shall remain the responsibility of the municipality that owns the respective facility. Any and all assets purchased by the department during the term of this Agreement shall become the property of the party not starting the termination process when the termination of this Agreement is concluded. ARTICLE VII TERMS OF AGREEMENT The term of this Agreement shall commence on January 1, 2026, at 12:00 a.m. and continue through December 31, 2035, at 11:59 p.m., regardless of the signature dates below. If either party intends not to extend this Agreement after the initial ten (10) year term, written notice must be provided to the other party no later than January 31, 2033. Such notice must be received by the other party in accordance with the timeline specified above. If either party believes that the other party has failed to comply with any requirements of this Agreement, it may invoke the following procedures, all of which are subject to §788, Wis. Stats.: The party asserting non-compliance will serve written notice on the other party, namely, the Village President and/or Town Chairperson. The notice will identify the specific provision alleged to have been violated and will specify the factual basis for the alleged non-compliance. The Village President and/or Town Chairperson, or their designee(s) will thereafter meet within fifteen (15) days in an effort to resolve the dispute. PAGE 68 If the dispute is not resolved to the satisfaction of the parties within thirty (30) days after the service of notice, the dispute will be referred to a panel of arbitrators. The arbitration panel will consist of one person selected by the Village of Hobart, one person selected by the Town of Lawrence, and these two arbitrators shall select a third arbitrator. The decision of any two of this panel will be final and binding on both parties. Each party hereto will pay one-half of the expense of such arbitration, unless the party who brought the issue to arbitration is found to be unmerited by two arbitrators - that party will then pay the full amount of expenses of such arbitration. ARTICLE VIII TERMINATION If either party wishes to terminate the agreement after the ten (10) year term, written notice of this intent must be proved to the other party no later than January 31, 2033 Except in the case of a breach of the Agreement by either party in the terms and conditions of this Agreement as outlined in the paragraph above, should either party terminate the Agreement, that party shall reimburse the other party the costs of unemployment for the department personnel laid off as a result of the termination of this Agreement until such time that the personnel are rehired, or longer receiving unemployment compensation, or a period of one (1) year has passed, whichever is first. ARTICLE IX REVENUES Since grant revenues are reimbursed items, those funds will remain solely with the Village of Hobart, as they do not constitute additional revenue streams and will not be factored into the service fees paid by the Town of Lawrence. Additionally, all other revenues not identified in this Agreement shall also remain with the Village of Hobart. All donations will remain with the police department segregated fund. On an annual basis, the police department will report to both boards the status of the police department segregated fund for donations. ARTICLE X RECORDS All records will be maintained in the joint police department’s full-time administrative offices located in the Village of Hobart, under this Agreement. ARTICLE XI ANNUAL EVALUATION It being the intention of the parties to provide for regular communication, an annual evaluation and review of police services, provided under this Agreement, will occur to ensure adequate levels of service to both communities. The parties agree that: the joint police department will provide an annual evaluation of police protection services in advance of the first regularly scheduled July board meeting that discusses the annual reports for the various municipal departments, or such other time as agreed to by the parties. The report shall provide a summary of activities for the previous year, goals for the previous year, crime statistics information, call volume and any manpower requirements, including any need for the hiring of additional police officers. PAGE 69 ARTICLE XII JOINT HOBART-LAWRENCE POLICE COMMISSION The Village of Hobart and the Town of Lawrence have established and shall maintain a joint police commission pursuant to §60.56, §61.65 (3g) (c), and §62.13, Wis. Stats., which establishes a Joint Police Commission that consists of five (5) members, three (3) appointed by the Village of Hobart and two (2) appointed by the Town of Lawrence. A majority of the commissioners three (3) is a quorum. Members shall be appointed by each respective municipalities Board President or Town Chair to the Joint Police Commission pursuant to §62.13, Wis. Stats. Upon their appointment, the Commission members shall elect a president, vice-president, and secretary, and thereafter annually, following the appointment of members for regular terms. The Joint Police Commission shall have the powers and duties as set forth in §62.13 (5), Wis. Stats. ARTICLE XIII INDEMNITY It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Nevertheless, the Village of Hobart and the Town of Lawrence shall obtain liability insurance sufficient to cover the joint police department for claims of loss or damages which may be occasioned by acts of the joint police department. The cost of insurance shall be included in the respective police department budget. In the event that liability is incurred for any claim for damages, injury, or loss arising out of the operations of the joint police department, either through policy exclusions, policy lapse, or any other reason the Village of Hobart and the Town of Lawrence agree to indemnify each other for said uninsured costs and/or damages in accordance with the contribution toward the total department budget established above. In any case arising either municipality shall promptly notify the other of the claim, cooperate with each other in the defense and resolution of each claim and not settle or otherwise dispose of the claim without each other’s knowledge, and if necessary, participation. The indemnification provisions of this Agreement shall survive termination of this Agreement of any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the term of this Agreement. ARTICLE XIV EXTENSION OF AGREEMENT This Agreement may be extended at any time during the term by mutual consent of both parties so long as such extension is approved by official action of the Village and Town Boards. ARTICLE XV NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. PAGE 70 ARTICLE XVI ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and Agreement between the parties concerning the subject matter of this Agreement and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the Village or the Town. All parties must sign any subsequent changes in this Agreement. ARTICLE XVII SEVERABILITY If a court of competent jurisdiction renders any provision of this Agreement (or a portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed, and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. In such an event, the municipality shall promptly meet to discuss how they might satisfy the intent of this Agreement by alternative means. ARTICLE XVIII GOOD FAITH AND FAIR DEALING The municipalities hereby acknowledge that this Agreement imposes upon them a duty of good faith and fair dealing. It is the intent and desire of the municipalities to work together and engage in intergovernmental cooperation. The municipalities agree to use their best efforts to meet and confer when issues arise pertaining to this Agreement and shall endeavor in good faith to resolve any disputes amicably. ARTICLE XIX VENUE This Agreement is governed by the laws of the State of Wisconsin without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, the venue shall be in the Circuit Court of Brown County, Wisconsin. ARTICLE XX INTERPRETATION This Agreement shall be interpreted as though jointly drafted by both municipalities. ARTICLE XXI BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties’ successors and assigns. ARTICLE XXII COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. PAGE 71 ARTICLE XXIII PREVIOUS AGREEMENTS It is understood that this agreement supersedes the original and the Second Hobart-Lawrence Intergovernmental Police Protective Services Agreements, and this Agreement shall take the place as the sole principle document concerning the joint police department. IN WITNESS WHEROF, the Village of Hobart and the Town of Lawrence have executed this Agreement through their duly authorized officers on the day and year first above written. Dated ____ day of ____ 2025, The Village: The Town: The Village of Hobart, Brown County WI The Town of Lawrence, Brown County, WI By: ______________________________ By: ________________________________ Richard Heidel, Village President Lanny Tibaldo, Town Chairperson PAGE 72 ORDINANCE 2025-07 AN ORDINANCE TO REPEAL AND RECREATE SECTION 6 (POULTRY AND LIVESTOCK PROHIBITED) AND SECTION 9 (SHELTER) OF ARTICLE II (PROHIBITED AND PROTECTED ANIMALS, FOWL, REPTILES AND INSECTS), AND SECTION 1 1 ( LICENSING), SECTION 12 (NUMBER OF ANIMALS LIMITED) AND SECTION 13 (ANIMALS NOT TO RUN AT LARGE) OF ARTICLE III (LICENSING AND REGULATION OF ANIMALS) OF CHAPTER 102 (ANIMALS) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN Purpose: The purpose of this Ordinance is to create a licensing and permitting process for the keeping and maintaining of up to six chickens (hens only) in the following zoning districts: R-1: Single-Family Residential and R-4: Single and Two-Family Residential The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 6 (Poultry and Livestock Prohibited) of Article II (Prohibited and Protected Animals, Fowl, Reptiles and Insects) of Chapter 102 (Animals), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 102-6. Poultry and livestock prohibited. A. Except as specifically permitted in a zoning district, no person shall keep or maintain any poultry, pigeons or fowl, or any animal raised for fur-bearing purposes, or any livestock, including, but not limited to, horses, cattle, sheep, goats, pigs or swine, whether or not such animal is domesticated, tamed, or a pet. (1) The slaughter of chickens permitted in the R-1, R-2, R-2-R, R-3, and R -4 Single-Family Residential Zoning Districts shall be prohibited. B. Any person keeping or maintaining such poultry, pigeons, fowl, animal or livestock contrary to this subsection as of August 5, 2003, may continue to keep or maintain such a nonconforming use upon receipt of a permit from the Village Clerk in accordance with rules established by resolution of the Village Board as long as a public nuisance is not created. C. Exceptions. The exceptions to this section shall apply as in § 102-5. D. Prohibitions. The prohibitions of this section shall apply as in § 102-5. Section 2: Section 9 (Shelter) of Article II (Prohibited and Protected Animals, Fowl, Reptiles and Insects) of Chapter 102 (Animals), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 102-9. Shelter. PAGE 73 A. No person owning or responsible for any animal may fail to provide the animal with proper shelter as prescribed in this section. No person shall confine and/or allow said animals to remain outside during adverse weather conditions, constituting a health hazard to such animal. B. Minimum indoor standards of shelter shall include ambient temperatures compatible with the health of the animal and shall be adequately ventilated by natural or mechanical means to provide for the health of the animal. C. Minimum outdoor standards of shelter shall include shelter from sunlight when such is likely to cause heat exhaustion or other ill effects. Natural or artificial shelter appropriate to the local climatic conditions for the species shall be provided as necessary for the health of the animal. D. Minimum indoor and outdoor standards for enclosures and shelters shall be constructed and maintained so as to provide sufficient space to allow adequate freedom of movement and the retention of body heat for the health of the animal. (1) Shelter requirements for chickens required to be licensed per § 102- 11A shall meet the following requirements: (a) The shelter shall be structurally sound, moisture proof and maintained in good repair; (b) Chickens shall be provided shelters that are enclosed, predator proof, insulated and adequately ventilated; (c) Shelters shall use exterior finish materials approved for exterior use and shall be of finish materials and color which is substantially similar to those used in the principal structure; (d) A sufficient quantity of suitable clean bedding material, to provide insulation and protection against the cold and dampness and promote the retention of body heat, shall be required; (e) Shelters shall be provided an entrance covered by a self-closing swinging covering or an L-shaped entrance to prevent the wind from blowing directly into the shelter; (f) Chicken shelters shall measure a minimum of seven square feet in area or three square feet in area per chicken, whichever is greater; (g) Chicken shelters shall be provided with one nest box per chicken; (h) Chicken shelters shall be provided with elevated perches to ensure chickens are able to rest in their natural roosting position; (i) Chicken shelters shall be constructed and maintained so as to prevent rodents from being harbored underneath, or within the walls or roof of, said structure; PAGE 74 (j) Chicken shelters, food storage units, and waste compost shall be placed to maintain a minimum 15 feet setback from abutting properties and shall be located in the rear yard of the property as defined by the Zoning Ordinance; (k) Chickens shall be secured within the shelter during non-daylight hours; (2) Fence enclosure (run) requirements for chickens required to be licensed per § 102-11A shall meet the following requirements: (a) Chickens shall be provided with access to an outdoor fence enclosure (run) measuring at least 10 square feet in area or six square feet per chicken, whichever is greater, for the majority of daylight hours, weather permitting. Such run area shall be located to maintain a minimum 15 feet setback from abutting properties and shall not be located closer to side or rear property lines than the shelter. (b) Chicken shelters shall provide direct access to the outdoor fence enclosure (run). (c) Fencing must have spacing of no more than one inch; (d) Fencing shall be no less than three feet and no greater than six feet in height; (e) The fence enclosure requirements must be maintained all year, regardless of weather. E. Minimum sanitation standards for both indoor and outdoor enclosures shall include daily cleaning to remove excreta and other waste materials, dirt, and trash so as to minimize health hazards. F. No person may intentionally abandon any animal. Section 3: Section 11 (Licensing) of Article III (Licensing and Regulation of Animals) of Chapter 102 (Animals), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 102-11. Licensing. A. License required. (1) Every person residing in the Village who owns a dog which is more than five months of age on January 1 shall annually at the time and in the manner prescribed by law for the payment of personal property taxes obtain a license therefor. (2) Every person in the Village residing in an R-2, R-2-R or R-3 Single-Family Zoning Districts who plans to own or harbor one or more chickens shall secure an annual license in the same manner as required for dogs, except that the license shall be required regardless of the age of the chickens. Every person in the Village residing in an R-1 or R-4 Single-Family Zoning District who plans to own or harbor one or more chickens shall secure an annual Supplementary License from the Village Clerk. The Village Clerk shall not issue a Supplementary License until after receiving approval from the Village Board after receiving a recommendation from the Village Planning & Zoning Commission. The property owners within 100 feet of the property boundaries of the applicant applying for the Supplementary License shall be notified by first PAGE 75 class U.S. mail at least one week prior to the meeting of the Village Board. Either license and associated fees are to keep chickens and not a "per chicken" license. (a) Initial license applications. Upon receipt of an initial license application, the Village, by mail, shall notify all abutting residentially used properties of the applicant's property lines, exclusive of street rights-of-way. This provision shall only apply for approval of the initial license application and not for renewal of consecutive licenses, except for the consecutive issuance of a Supplementary License as required in 102- 11 A. (2). In cases where the license lapses by more than 30 days, any appl ication shall be considered an initial application. (b) The holder of a license to own or harbor chickens agrees to allow representatives of the Village to enter and inspect the premises upon reasonable notice to assess compliance with all standards of section 102. The Village Clerk shall not renew any license of an operator that does not, within a reasonable timeframe, correct any deficiencies identified upon written notice from the Village. B. Fees. The license fees will be as determined by resolution of the Village Board. C. State law adopted. Chapter 174, Wis. Stats., pertaining to licensing of dogs, is made part of this section by reference. Section 4: Section 12 (Number of Animals Limited) of Article III (Licensing and Regulation of Animals) of Chapter 102 (Animals), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 102-12. Number of animals limited. A. No person shall own, harbor, or keep in his possession more than two dogs on property zoned residential, with the exception that a litter of pups, or a portion of a litter, may be kept for not exceeding 12 weeks from birth on a parcel consisting of 2 1/2 acres or less. On parcels more than 2 1/2 acres in size, no person shall own, harbor, or keep in his possession more than five dogs on property zoned residential, with the exception that a litter of pups, or a portion of a litter, may be kept for not exceeding 12 weeks from birth. B. A person seeking a variance in the number of dogs allowed in Subsection A above, for parcels consisting of 2 1/2 acres or less, may do so by submitting a form designated by the Village. The variance may be granted by the Chief of Police or his or her designee. (1) In no event shall the number of dogs in a dwelling unit exceed four. (2) All dogs must be properly licensed with the Village. (3) The Chief of Police shall consider whether there have been any complaints of any violation of this article against the owner or property owner in all variance requests. Such variance may be subject to conditions as deemed appropriate by the Chief of Police. (4) The variance may be revoked by the Chief of Police if any condition specified in the variance is not met. The variance may also be revoked by the Chief of Police if a complaint regarding violation of this article is received after the variance is granted. PAGE 76 (5) All decisions to deny a variance request or revoke a previously granted variance may be appealed to the Village Board if written notice of appeal is received by the Village Administrator within 14 days of receipt of the revocation notice. The Board shall consider the appeal at its next regularly scheduled meeting. (6) There shall be no variances allowed in the maximum number of chickens. C. For the purpose of determining the size of a property for the regulation of the number of dogs permitted, adjoining parcels owned by the same person may be combined to determine the total acreage for regulation purposes as described in Subsection A above. D. If a person owns, harbors or keeps more than the allowable number of dogs under Subsection A above at the time the ordinance establishing the limit is passed, they shall not be required to remove any dogs from the property, but will not be able to replace any dog, after they are no longer owned, harbored or kept on the property permanently, until the person is in compliance with the ordinance. E. No person in the Village residing in an R-2, R-2-R or R-3 Single-Family Zoning Districts shall own, harbor or keep in his or her possession more than six chickens. No person in the Village residing in an R-1 or R-4 Single-Family Zoning District shall own, harbor, or keep in his or her possession more than four chickens. The total number of chickens permitted to be harbored or kept in the R-1 or R-4 zoning districts may be increased to a maximum of six chickens if the applicant provides signed letters (including, name, address, and phone number) from a minimum of two-thirds of the abutting property owners and occupants indicating that they have not been any problems with the animals at the requesting residence (i.e., excessive noise, animals running loose, unsanitary conditions, or the similar) and that they approve of the additional number of animals being requested. Permission for the increased number shall be obtained annually and submitted on the approved form with the Supplementary License. For the pur poses of this section, a "chicken" shall be defined as a domestic hen or pullet of the subspecies Gallus gallus domesticus. No roosters are allowed. Section 5: Section 13 (Animals Not to Run At Large) of Article III (Licensing and Regulation of Animals) of Chapter 102 (Animals), of the Code of the Village of Hobart, is hereby repealed and recreated to read as follows: § 102-13. Animals not to run at large. A. No person shall own, harbor or keep a dog which runs at large. Any dog not on a leash, nor within the property limits of its owner or keeper, is declared to be "at large," and is declared to be a public nuisance. A "leash" shall be defined as a chain, cord or rope which is not more than 10 feet in length, and which is of sufficient strength to control the actions of the animal. Any police officer, humane officer or other designated public official of the Village may enter any premises, except that premises of the owner or keeper of such animal, and capture, by any reasonable and necessary means, such animal. B. A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if a dog is monitored or supervised by a person and the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train a dog. C. No person in the Village residing in an R-1, R2, R-2-R, R-3, or R-4-Single-Family Zoning District shall own, harbor or keep a chicken which runs at large. Any chicken not secured within a fenced enclosure PAGE 77 or equivalent within the property limits of its owner or keeper is declared to be "at large," and is declared to be a public nuisance. Section 6: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 7. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 5th day of August, 2025. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 5, 2025. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 78 MEMORANDUM TO: Village Board FROM: Aaron Kramer, Village Administrator RE: Water Agreement with City of Green Bay and Village of Pulaski DATE: August 5th 2025 BACKGROUND The Village of Pulaski and the City of Green Bay have a tentative agreement in place for the sale of water from Green Bay to Pulaski through the Village of Hobart. I have asked William Woodward (von Briesen and Roper) to review the proposed agreement, which he has completed (see attached memo) with some concerns. Jerry Lancelle has addressed several of those concerns, which I have summarized below. STAFF RESPONSE TO ATTORNEY CONCERNS 1. Financial Obligations and Risks: Water Conveyance Charge: Hobart is responsible for imposing a Water Conveyance Charge on Pulaski for the transmission of potable water through its system. However, any future adjustment or modification of this charge requires prior approval by the Public Service Commission (PSC), which may limit Hobart’s ability to adjust charges to reflect changes in costs or operational needs. STAFF RESPONSE: PSC will review in three years and adjust rate if necessary. Indemnification Obligations: Hobart is required to indemnify Pulaski and Green Bay against any Indemnifiable Costs arising from its negligence or willful misconduct. This places a significant financial risk on Hobart, as it must cover costs even if they arise from complex situations involving multiple parties. 2. Operational Responsibilities: Maintenance and Operation: Hobart is obligated to own, operate, maintain, repair, and replace all portions of its waterworks system related to the transmission of potable water from Green Bay to Pulaski in a manner consistent with Prudent Utility Practice. This requirement imposes ongoing operational responsibilities on Hobart without explicit reciprocal benefits. STAFF RESPONSE: The Conveyance rate is meant for operational costs. The Hobart staff has worked with GB Water on our costs to come up with the initial $0.50 charge. PAGE 79 C onnection Costs: Upon completion of the Interconnection Facilities, Hobart, along with Green Bay, must connect Pulaski’s Waterworks System to the Hobart Waterworks System. Pulaski is to reimburse Hobart for the actual costs incurred, but the initial financial burden and logistical responsibility fall on Hobart. STAFF REPONSE: Hobart will have no cost for this; all construction is in Pulaski contract. 3. Limitations on Service and Autonomy: Limitation on Service: Hobart disclaims any duty, obligation, or responsibility to transmit potable water from Green Bay to Pulaski except as expressly provided in the agreement. This clause limits Hobart’s flexibility in managing its water transmission services. Service Area Expansions: Pulaski’s service area expansions require prior written consent from both Green Bay and Hobart, which could potentially limit Hobart’s control over its water transmission operations and impose additional administrative burdens. STAFF RESPONSE: Staff is not sure that this would limit Hobart's operations. Any additional infrastructure needed for Hobart capacity would be paid by Pulaski. 4. Risk of Loss: Risk of Loss by Hobart: Hobart bears the risk of loss for any property damage or personal injury arising from its operations, except where such loss is due to the negligence or willful misconduct of Pulaski or Green Bay. This clause places a significant liability on Hobart for incidents occurring within its operational domain. RECOMMENDED ACTION To direct von Briesen and Roper to represent our concerns with the proposed agreement, specifically the areas highlighted above, in an effort to resolve the differences prior to final Board action. PAGE 80 1 Client Memo To: Aaron Kramer <aaron@hobartwi.gov> Client: Village of Hobart Date: July 10, 2025 Matter: Summary • Pulaski Water Sale Agreement (draft 07-01-25)(PB)clean version.doc I. General Summary of Terms of Agreement Preamble and Parties Involved • The Wholesale Water Service Agreement is made between the City of Green Bay, the Village of Hobart, and the Village of Pulaski. • Green Bay owns a municipal waterworks system that treats Lake Michigan water for distribution. • Hobart is a wholesale customer of the Green Bay Water Utility. • Pulaski uses water from its municipal wells and desires to purchase water from Green Bay to meet its potable water needs. Water Supply and Delivery • Green Bay agrees to sell potable water to Pulaski through Hobart’s waterworks system, up to Pulaski’s Maximum Day Water Demand. • Pulaski agrees to purchase water from Green Bay, not exceeding its Maximum Day Water Demand, with a minimum average daily use of 300,000 gallons per day. • Additional potable water may be provided if Pulaski’s demand exceeds its Maximum Day Water Demand, subject to availability and agreement terms. • Green Bay and Hobart may temporarily shut off water supply for emergencies or maintenance, with advance notice to Pulaski. • Curtailment of water delivery will be proportionate to other customers, and Pulaski may source water elsewhere during such periods. Measurement and Pricing • Water volume is measured by meters at designated points, with Green Bay owning and maintaining the meters. • Pulaski may install check meters at its own expense. PAGE 81 2 • The initial wholesale water rate is $2.98 per thousand gallons, with a conveyance charge by Hobart of $0.50 per thousand gallons. Construction and Capital Projects • Pulaski is responsible for constructing interconnection facilities, with plans reviewed by Green Bay and Hobart. • Green Bay and Hobart will connect Pulaski’s system to their waterworks systems. • Future capital projects and costs are outlined, with Pulaski responsible for its share of costs. Terms of Payment and Billing • Green Bay will bill Pulaski monthly based on meter readings, while Hobart will bill quarterly for the conveyance charge. • Disputed invoices must be paid in full initially, with disputes resolved through meetings or Article XIII procedures. Covenants and Obligations • Green Bay and Hobart disclaim any duty to provide water beyond the agreement terms. • Pulaski must use Green Bay as its exclusive water source, with limited exceptions. • Pulaski must maintain its utility obligations and cannot transfer control without consent. Indemnification and Risk of Loss • Each party bears the risk of loss for their respective properties and operations, with indemnification clauses for negligence or misconduct. • Indemnification obligations survive the agreement’s termination. Dispute Resolution • Disputes are resolved through initial meetings, mediation, or litigation if necessary. Effective Date and Termination • The agreement is effective upon execution and runs until December 31, 2045, with automatic annual renewals unless terminated earlier. PAGE 82 3 Miscellaneous Provisions • The agreement is governed by Wisconsin law and subject to regulatory approvals. • Amendments require written consent from all parties. This summary captures the key terms and conditions of the Wholesale Water Service Agreement between the City of Green Bay, the Village of Hobart, and the Village of Pulaski. II. Identify terms in the Pulaski Water Sale Agreement that are not favorable to the Village of Hobart, I have reviewed the document and focused on clauses that may impose disproportionate risks, costs, liabilities, or obligations on Hobart. Here are the key findings: 1. Financial Obligations and Risks: – Water Conveyance Charge: Hobart is responsible for imposing a Water Conveyance Charge on Pulaski for the transmission of potable water through its system. However, any future adjustment or modification of this charge requires prior approval by the Public Service Commission (PSC), which may limit Hobart’s ability to adjust charges to reflect changes in costs or operational needs. – Indemnification Obligations: Hobart is required to indemnify Pulaski and Green Bay against any Indemnifiable Costs arising from its negligence or willful misconduct. This places a significant financial risk on Hobart, as it must cover costs even if they arise from complex situations involving multiple parties. 2. Operational Responsibilities: – Maintenance and Operation: Hobart is obligated to own, operate, maintain, repair, and replace all portions of its waterworks system related to the transmission of potable water from Green Bay to Pulaski in a manner consistent with Prudent Utility Practice. This requirement imposes ongoing operational responsibilities on Hobart without explicit reciprocal benefits. – Connection Costs: Upon completion of the Interconnection Facilities, Hobart, along with Green Bay, must connect Pulaski’s Waterworks System to the Hobart Waterworks System. Pulaski is to reimburse Hobart for the actual costs incurred, but the initial financial burden and logistical responsibility fall on Hobart. 3. Limitations on Service and Autonomy: – Limitation on Service: Hobart disclaims any duty, obligation, or responsibility to transmit potable water from Green Bay to Pulaski except PAGE 83 4 as expressly provided in the agreement. This clause limits Hobart’s flexibility in managing its water transmission services. – Service Area Expansions: Pulaski’s service area expansions require prior written consent from both Green Bay and Hobart, which could potentially limit Hobart’s control over its water transmission operations and impose additional administrative burdens. 4. Risk of Loss: – Risk of Loss by Hobart: Hobart bears the risk of loss for any property damage or personal injury arising from its operations, except where such loss is due to the negligence or willful misconduct of Pulaski or Green Bay. This clause places a significant liability on Hobart for incidents occurring within its operational domain. These terms collectively suggest that Hobart may face significant financial, operational, and liability challenges under the agreement, potentially without equivalent benefits or compensatory mechanisms. III. PAGE 84 ____________________________________________________________________ WHOLESALE WATER SERVICE AGREEMENT BY AND BETWEEN THE CITY OF GREEN BAY, THE VILLAGE OF HOBART AND THE VILLAGE OF PULASKI __________________________________________________________________ ATTORNEY WORK PRODUCT FOR DISCUSSION PURPOSES ONLY! Dated: ____________________________ PAGE 85 TA BLE OF CONTENTS PREAMBLE ……………………………………………………..…………………. 1 ARTICLE I Definitions Section 1.1 Definitions ………………………………………………………..….. 2 Section 1.2 Use of Phrases; Rules of Construction ………………………………. 7 ARTICLE II Water Supply Section 2.1 Agreement to Sell …………………………………………………. 7 Section 2.2 Agreement to Purchase ……………………………………………. 7 Section 2.3 Additional Potable Water …………………………………………. 7 Section 2.4 Emergency or Maintenance Shut-Off ……………………………. 8 Section 2.5 Curtailment ……………………………………………………….. 8 ARTICLE III Delivery of Water Section 3.1 Points of Delivery ………………………………………………… 8 Section 3.2 Green Bay Facilities Up To Green Bay/Hobart Point of Delivery …………………………………………………………… 9 Section 3.3 Pulaski Facilities From Hobart/ Pulaski Point of Delivery………… 9 Section 3.4 Pressure …………………………………………………………… 9 ARTICLE IV Measurement of Water Section 4.1 Measurement by Meters …………………………………………. 9 Section 4.2 Ownership of Meters ……………………………………………. 9 Section 4.3 Location of Metering Points …………………………………….. 10 Section 4.4 Ownership of Metering Structures ……………………………… 10 Section 4.5 Records of Meter Reading ..……………………………………… 10 Section 4.6 Meter Inspection by Pulaski …….………….…………………… 10 Section 4.7 Calibration ..……………………………………………………… 10 Section 4.8 Check Meters ……………………………………………………. 11 Section 4.9 Meter Malfunctions …..………………………………………… 11 Section 4.10 Adjustment of Charges Due to Meter Malfunction ……………… 11 Section 4.11 Unit of Measurement ……………………………..……………… 12 PAGE 86 A RTICLE V Construction or Acquisition of Facilities Section 5.1 Interconnection Facilities Plans ....………………………………… 12 Section 5.2 Construction of Interconnection Facilities ……………………….. 12 Section 5.3 Connection of Pulaski Waterworks System to Green Bay Waterworks System …………………………………………….… 12 Section 5.4 After Connection ……………………………………………….…. 13 ARTICLE VI Capital Projects; Additional Potable Water; Unexpected Investments; Future Capital Projects Section 6.1 Additional Potable Water Volumes ……………………………… 13 Section 6.2 Unanticipated Growth ……………………………………………. 14 Section 6.3 Other Unanticipated Events ……………………………………… 14 Section 6.4 Post- Term Service ……………………………………………….. 15 Section 6.5 Future Capital Projects …………………………………………… 15 ARTICLE VII Prices and Terms of Payment Section 7.1 Measured Consumption …………………………………………. 16 Section 7.2 Cost of Water Generally …………………………………………. 16 Section 7.3 Wholesale Potable Water Rate ……………………………...…… 16 Section 7.4 Rate Application ………………………………………………… 16 Section 7.5 Hobart Water Conveyance Charge ……………………………… 16 Section 7.6 PSC Set Rate Beginning 2046 ……………………………...…... 16 ARTICLE VIII Commencement of Service and Billing Section 8.1 Commencement of Service ……………………………………… 17 Section 8.2 Bills and Due Date ………………………………………………. 17 Section 8.3 Disputed Invoices ……………………………………………..… 17 Section 8.4 Default; Interest on Overdue Payments ……………………….… 18 ARTICLE IX Covenants of Green Bay Section 9.1 Limitation on Service .………………………………………..… 18 Section 9.2 Prudent Utility Practice ..……………………………………..… 19 PAGE 87 A RTICLE X Covenants of Ashwaubenon Section 10.1 Limitations on Service …………………………………….…… 19 Section 10.2 Prudent Utility Practice ………………………………………… 19 ARTICLE XI Covenants of Pulaski Section 11.1 Exclusive Service …….………………………..……………… 19 Section 11.2 Limited Service ………...……………………………………… 20 Section 11.3 Service Area Expansions ……………………………………… 20 Section 11.4 Unexpected Agreement Termination …………………………. 20 Section 11.5 Limited Participation in PSC Proceedings ………………....…. 20 Section 11.6 Pulaski Budget Consideration ……...……………….…….…… 21 Section 11.7 Pulaski to Maintain Its Utility Obligation ………….………..… 21 Section 11.8 Certain Pulaski Actions ……………………………….………. 21 Section 11.9 Agreement to Abide by Rules and Regulations ……………… 22 Section 11.10 Prudent Utility Practice ………………………….…………… 22 ARTICLE XII Defaults; Force Majeure Section 12.1 Green Bay Defaults ……………………………….…………… 22 Section 12.2 Hobart Def aults ……………………………………………… 22 Section 12.3 Pulaski Defaults ……………………………….……………….. 23 Section 12.4 Force Majeure ………………………………………………..… 23 ARTCICLE XIII Risk of Loss and Indemnification Section 13.1 Risk of Loss by Pulaski ………………………….………..…… 24 Section 13.2 Risk of Loss by Green Bay ….……………………………….… 24 Section 13.3 Indemnification by Pulaski …………………………………….. 24 Section 13.4 Indemnification by Green Bay .………………………………… 25 Section 13.5 Indemnification by Hobart …………..………………………… 25 Section 13.6 I ndemnification by Parties..……………………………….….… 25 Section 13.7 Not Employees ……………………………………………….… 25 Section 13.8 Notice and Participation …………………………………….…. 26 Section 13.9 Net Amount ……………………………………………….…… 27 Section 13.10 Assertion of Claims ……………………………………….…… 27 Section 13.11 No Release of Insurers ………………………………………… 27 Section 13.12 Survival of Obligations ………………………………………... 27 Section 13.13 Limitation of Liability ………………………...………………. 27 PAGE 88 A RTICLE XIV Dispute Resolution Section 14.1 Dispute Resolution …..………………………………………... 28 Section 14.2 Notice of Dispute and Initial Meeting ……………………..….. 28 Section 14.3 Mediation …………………………………………………..…. 28 Section 14.4 Mediation Costs …………………………………………..…... 28 ARTICLE XV Notices Section 15.1 Requirement for Notices ..…………………………………… 29 Section 15.2 Notices Deemed Delivered ..……………………………….… 29 Section 15.3 Change of Address ………….…………………………….…. 30 ARTICLE XVI Representations and Warranties; Opinions; Cooperation Section 16.1 Representations and Warranties of Pulaski ……….……….… 30 Section 16.2 Representations and Warranties of Green Bay ..………….…. 31 Section 16.3 Representations and Warranties of Hobart ………………….. 32 Section 16.4 Opinions as to Validity ………………..………………….…. 32 Section 16.5 Mutual Cooperation ..……………………………………..…. 33 Section 16.6 Cooperation in Construction …..………………………….…. 33 ARTICLE XVII Governmental Authority Approvals Section 17.1 PSC Approval and Decl aration of Agreement as Reasonable and Prudent………………………………………..……………..… 33 Section 17.2 Governmental Authority Approvals for Green Bay ………….. 34 Section 17.3 Governmental Authority Approvals for Hobart ………………. 34 Section 17.4 Governmental Authority Approvals for Pulaski ……………… 34 Section 17.5 Later Governmental Approvals ………………………….…… 35 ARTICLE XVIII Effective Date; Term of Contract; Termination Section 18.1 Effective Date ………………..………………………………… 35 Section 18.2 Term of Contract …………………………………..…………... 35 Section 18.3 A utomatic Renewal of Term …………………………….……. 36 PAGE 89 A RTICLE XIX Miscellaneous Provisions Section 19.1 Governing Law and Venue …………………………………… 36 Section 19.2 Regulatory Bodies ……………………………………………. 36 Section 19.3 Compliance with Laws and Orders …………………………… 36 Section 19.4 Lack of Severability in Absence of Written Amendment ..…… 37 Section 19.5 Changes in Laws ……………………………………………… 37 Section 19.6 Entire Agreement ……………………………………………… 37 Section 19.7 Accounting and Audit ………………………………………… 37 Section 19.8 Interpretation ……………………………………………..…… 37 Section 19.9 Headings ……………………………………………………… 37 Section 19.10 Attachments …………………………………………………… 37 Section 19.11 No Third Party Beneficiaries ………………………………….. 37 Section 19.12 Successors ……………………………………………………... 38 Section 19.13 Further Action ………………………………………………… 38 Section 19.14 Amendments ……………………………………………….….. 38 Section 19.15 Time of the Essence …………………………………………… 38 Section 19.16 Execution in Counterp arts ………………………………...…… 38 ATTACHMENT “A” PAGE 90 WHOLESALE WATER SERVICE AGREEMENT BY, BETWEEN AND AMONG THE CITY OF GREEN BAY, THE VILLAGE OF HOBART AND THE VILLAGE OF PULASKI THIS WHOLESALE WATER SERVICE AGREEMENT is made and entered into this ______ day of ______________, 20___ , by, between and among the CITY OF GREEN BAY, WISCONSIN (“Green Bay”), a local governmental unit and political subdivision and body public and corporate of the State of Wisconsin, the GREEN BAY WATER UTILITY; the VILLAGE OF HOBART, WISCONSIN a local governmental unit and political subdivision and body public and corporate of the State of Wisconsin (“Hobart”); and, the VILLAGE OF PULASKI , WISCONSIN (“Pulaski ”), a local governmental unit and political subdivision and body public and corporate of the State of Wisconsin. WHEREAS, Green Bay is the owner of a municipal waterworks system that treats Lake Michigan water for distribution to its retail customers within the Green Bay City limits; and WHEREAS, Hobart is the owner of a municipal wa terworks system that is a wholesale customer of the Green Bay Water Utility; and WHEREAS, Pulaski is the owner of a municipal waterworks system that uses water withdrawn from its municipal wells for distribution to its retail customers; and WHEREAS, Pulaski desires to purchase water from Green Bay at wholesale to satisfy the potable water needs of its customers and to meet safe drinking water standards on a long-term basis; and WHEREAS, Green Bay, through the Green Bay Water Utility, has the capability to provide potable water to Pulaski through an interconnection with Hobart; and WHEREAS, Green Bay is willing to sell potable water to Pulaski through the Green Bay Water Utility at wholesale subject to the terms and conditions set forth herein below; and PAGE 91 W HEREAS, Hobart is willing to transport potable water from Green Bay through its waterworks system for delivery to Pulaski subject to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants and agreements contained herein, the parties agree as follows: ARTICLE I DEFINITIONS Section 1.1 DEFINITIONS. The following words and phrases shall have the following meanings when used in this Contract, unless the context clearly indicates a different meaning is intended. (a) “Agreement” shall mean this Wholesale Water Purchase Agreement, including all attachments hereto, and any amendments that may be made from time to time by a written instrument executed by both Parties. (b) “Associated Party” shall mean any officer, elected or appointed official, director, trustee, fiduciary, employee, agent, affiliate, representative, contractor or subcontractor of Green Bay, Hobart or Pulaski. (c) “Capital Project” shall mean any acquisition, construction and/or installation of the projects listed in ATTACHMENT “ A”, including all future improvements or extensions, acquisition, construction, repair or replacement thereof, related to the Green Bay Waterworks System and expected to be necessary from time to time for the Green Bay Water Utility to deliver Potable Water to Pulaski as contemplated by this Agreement from the date service commences hereunder through December 31, 2045. (d) “Capital Project Costs” shall mean, with respect to a Capital Project, all costs of the Capital Project that will be incurred prior to January 1, 2046, including, but not limited to, costs of the acquisition of necessary lands, easements, and rights-of-way over lands and waters; costs incurred with respect to the acquisition, installation, erection, construction, rehabilitation, repair, replacement, retirement or decommissioning of facilities; financing costs, including principal and interest payments on any bonds, notes or other evidences of indebtedness issued by Green Bay or the Green Bay Water Utility from time to time; and the costs ; and costs of obtaining all necessary Governmental Authority approvals. (e) “DNR” means the Department of Natural Resources of the State of Wisconsin. PAGE 92 (f) “ Fiscal Year” shall mean the fiscal year of Green Bay Water Utility, which runs from January 1 through December 31. (g) “Force Majeure” shall mean acts of God; strikes, lockouts, or other industrial disturbances; act s of a public enemy; orders of any kind issued by a Governmental Authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraints of government and people; civil disturbances; failure of facilities or equipment; environmental events impacting utility operations ; and the orders or applicable regulations of a Governmental Authority, any other event or circumstance beyond the reasonable control of, and without the fault or negligence of, the Party claiming Force Majeure. With respect to Green Bay and the Green Bay Water Utility , Force Majeure shall include an unexpected loss or curtailment of its Lake Michigan water supply due to unexpected withdrawal limitations or other legal constraints. Force Majeure does not include lack of profitability or other financial considerations that would affect a Party’s ability to pay for services provided hereunder. (h) “Future Capital Project” shall mean any acquisition, construction and/or installation of facilities, including all future improvements or extensions, acquisition, c onstruction, repair or replacement thereof, related to the Green Bay Waterworks System and necessary for the Green Bay Water Utility to deliver Potable Water to the Village pursuant to th is Agreement on or after December 31, 2045. (i) “Future Capital Project Costs” shall mean, with respect to a Future Capital Project, all costs of the Future Capital Project, that will be incurred after December 31 , 2045, including, but not limited to, costs of the acquisition of necessary lands, easements, and rights-of-way over lands and waters; costs incurred with respect to the acquisition, installation, erection, construction, rehabilitation, repair, replacement, retirement or decommissioning of f acilities; costs of investigating, studying, planning, engineering, and designing of facilities; financing costs, including principal and interest payments on any bonds, notes or other evidences of indebtedness issued by Green Bay or the Green Bay Water Utility from time to time; and costs of obtaining all necessary Governmental Authority approvals. (j) “Governmental Authority” shall mean any state or federal court, administrative or regulatory agency or commission, or other governmental entity or instrumentality, or any department thereof, having jurisdiction or authority over all or any part of the subject matter of this Contract. “Governmental Authority” does not include either of the Parties. (k) “Green Bay” shall mean the City of Green Bay, Wisconsin. PAGE 93 (l) “ Green Bay Customer” shall mean all Green Bay Retail Customers and all Green Bay Wholesale Customers , including the Town of Scott , the Village of Ashwaubenon, the Village of Hobart and the Village of Wrightstown. (m) “Green Bay Retail Customer” shall mean any person or entity to which the Green Bay Water Utility sells Potable Water at retail, at any time during the term of this Agreement. (n) “Green Bay Water Utility” shall mean the City of Green Bay’s municipal water utility, a departmental unit of the City of Green Bay managed by the Green Bay Water Commission pursuant to Sec. 66.0805, Wis. Stats., which treats and provides Potable Water for sale and distribution to its retail customers within the corporate municipal boundaries of the City of Green Bay limits and such wholesale customers as it is under contract to provide such service. (o) “Green Bay Waterworks System” shall mean all of the Green Bay Water Utility facilities, including land, easements, rights -of-way over lands and waters, pumping, storage and other facilities, the Green Bay Water Utility wells, mains and pipelines now or in the future acquired by lease, contract, purchase or otherwise or constructed by the Green Bay Water Utility and used for the purposes of providing and transmitting Potable Water to customers. “Green Bay Waterworks System” also includes all contract rights and other tangible and intangible assets of Green Bay or the Green Bay Water Utility used or useful in connection with or related to such facilities. “Green Bay Waterworks System” shall not include any properties or interest in properties of the Village or any properties or interest in properties of any other municipality. (p) “Green Bay Wholesale Customer” shall mean any entity to which the Green Bay Water Utility sells Potable Water at wholesale at any time during the term of this Agreement. (q) “ Green B ay’s Maximum Day Demand” shall mean Green Bay’s estimated maximum day demand for Potable Water of all Green Bay Customers , including the Town of Scott , the Village of Ashwaubenon, the Village of Hobart, the Village of Wrightstown and the Village of Pulaski. (r) “ Hobart” shall mean the Village of Hobart, Wisconsin (s) “ Hobart Waterworks System” shall mean all Hobart’s facilities, including land, easements, rights -of-way over lands and waters, pumping, storage, and other facilities, its wells, mains and pipelines now or in the future acquired or controlled by lease, contract, purchase or otherwise or constructed by it and used for the purposes of providing and transmitting Potable Water within its municipal boundaries. The “Hobart Waterworks System” shall also include all contract rights PAGE 94 a nd other tangible and intangible assets used or useful in connection with or related to such facilities. (t) “Indemnifiable Cost” shall mean any cost, expense, damage, fine, penalty, liability or other loss, including reasonable legal, accounting, consulting, engineering, investigatory, expert witness and other fees and expenses. (u) “Interconnection Facilities” shall mean all facilities , including mains, pipelines and related infrastructural appurtenances, including those of the Hobart Waterworks System , other municipal utilities, land, easements and right -of-ways between that Point of Delivery where the potable water to be delivered to Pulaski leaves the City of Green Bay and the Green Bay Waterworks System and that Point of Delivery where the potable water from the Green Bay Water Utility reaches the Pulaski Waterworks System. (v) “Metering Points” shall mean the point or points where Potable Water being delivered by the Green Bay Water Utility to Pulaski is measured. A “Metering Point” is one such point. (w) “Parties” shall mean Green Bay and the Green Bay Water Utility, as one municipal corporate entity, Hobart and Pulaski. (x) “Party” means, as the case may be, Green Bay or the Green Bay Water Utility, as one municipal corporate entity, Hobart or Pulaski. (y) “Point of Delivery” means the point s where the Potable Water to be delivered by the Green Bay Water Utility to Pulaski leaves the Green Bay Waterworks System and enters the Interconnection Facilities between the Green Bay Waterworks System and the Hobart Waterworks System for transportation and delivery to the Pulaski Waterworks System, and where title and ownership of such Potable Water is transferred from the Green Bay Water Utility to Pulaski. A “Point of Delivery” is one such point. The Points of Delivery that are currently planned are identified in A TTACHMENT “A”, but may change over time as agreed to by the Parties in writing. (z) “Potable Water” means treated, water of a quality meeting or exceeding state and federal water quality standards, including applicable Safe Drinking Water Act requirements. The Green Bay Water Utility shall have absolute discretion to determine the extent to which Potable Water exceeds applicable water quality standards. (aa) “Prudent Utility Practice” shall mean any of the practices, methods and acts which, in the exercise of reasonable judgment in the light of the facts (including, but not limited to, any practices, methods and acts engaged in or approved by a significant portion of the water utility industry prior thereto) known PAGE 95 a t the time the decision was made, could have been expected to accomplish the desired result at reasonable cost consistent with reliability, safety and expediency. In applying the standard of Prudent Utility Practice to any matter under this Agreement, equitable consideration shall be given to the circumstances, requirements and obligations of each of the Parties, and there shall be taken into account the fact that Green Bay , Hobart, and Pulaski are political subdivisions of the State of Wisconsin with prescribed statutory powers, duties, responsibilities and limitations. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at reasonable cost consistent with reliability, safety and expediency. Prudent Utility Practice includes due regard for manufacturers’ warranties and the requirements of Governmental Authorities having jurisdiction. (bb) “PSC” shall mean t he Public Service Commission of Wisconsin and any Governmental Authority successor thereto. (cc) “Pulaski” shall mean the Village of Pulaski, Wisconsin. (dd) “Pulaski Customer” shall, for purposes of this Agreement, mean all retail and wholesale water customers within the municipal boundaries of Pulaski as they exist on January 1, 2026 and those customers outside the Pulaski municipal boundaries who are under contract with Pulaski as of January 1, 2026. (ee) “Pulaski’s Maximum Daily Water Demand” shall mean estimated maximum day demand for Pot able Water necessary to serve the Pulaski Cust omers through December 31, 2045. (ff) “Pulaski Waterworks System” shall mean all Pulaski ’s facilities, including land, easements, rights -of-way over lands and waters, pumping, storage, and other facilities, the Pulaski wells, mains and pipelines now or in the future acquired or controlled by lease, contract, purchase or otherwise or constructed by Pulaski and used for the purposes of providing and transmitting Potable Water to Pulaski C ustomers. The “ Pulaski Waterworks System” shall also include all contract rights and other tangible and intangible assets of Pulaski used or useful in connection with or related to such facilities. The “ Pulaski Waterworks System” shall not include any properties or interest in properties of Green Bay, Hobart , or any properties or interest in properties of any other municipality. (gg) “ Water Conveyance Charge ” shall mean the fee charged to Pulaski by Hobart for the transmission of Potable Water from the Green Bay Waterworks System to the Pulaski Waterworks System through the Hobart Waterworks System. PAGE 96 S ection 1.2 U SE OF PHRASES; RULES OF CONSTRUCTION. The following provisions shall be applied wherever appropriate herein: (a) “Herein”, “hereby ”, “hereunder”, “hereof ” and other equivalent words refer to this Agreement as an entirety and not solely to the particular portion of this Agreement in which such word is used. (b) The definitions set forth in Section 1.1 hereof shall be deemed applicable whether the words defined are used in the singular or plural. ARTICLE II WATER SUPPLY Section 2.1 A GREEMENT TO SELL. During the term of this Agreement subject to the terms and conditions set forth her ein the Green Bay Water Utility shall make available for delivery and sale to Pulaski , through the Hobart Waterworks System a volume of Potable Water equal to Pulaski’s Maximum Day Water Demand. The Green Bay Water Utility’s obligation to deliver Potable Water to Pulaski hereunder shall be limited to a volume of Potable Water not to exceed Pulaski ’s Maximum Day Water Demand except as otherwise contemplated by this Agreement. Section 2.2 A GREEMENT TO PURCHASE. Excep t as set forth in this Article and Section 11.3, Pulaski shall purchase and accept delivery from the Green Bay Water Utility through the Hobart Waterworks System a volume of Potable Water equal to its actual demand for Potable Water to serve all Pulaski Customers; provided, however, that (i) the volume of Potable Water purchased by Pulaski hereunder shall not exceed Pulaski ’s Maximum Day Water Demand as set forth in A TTACHMENT “A”, except as otherwise contemplated in the Agreement, and provided further that (ii ) Pulaski s hall at all times purchase and accep t delivery from the Green Bay Water Utility of a volume of Potable Water equal to an average daily use per calendar year of Three Hundred Thousand (300,000) Gallons per day as set forth in ATTACHMENT “A”. Section 2.3 A DDITIONAL POTABLE WATER. Notwithstanding the provisions of Section 2.1 and Section 2.2, if Pulaski ’s demand for Potable Water to serve Pulaski Customers exceeds Pulaski’s Maximum Day Water Demand, the Green Bay Water Utility may provide additional Potable Water to Pulaski to the extent that Green Bay has Potable Water reasonably available and subject to all other terms and conditions of this Agreement, including without limitation the requirements of Sections 6.1, 6.2, 6.3 and 11.4. Section 2.4 E MERGENCY OR MAINTENANCE SHUT-OFF. The Green Bay Water Utility and the Hobart Waterworks System undertake to use reasonable care and diligence, in accordance with Prudent Utility Practice, to provide Pulaski with a constant supply of Potable Water not to exceed Pulaski ’s Maximum Day Water Demand during the term of PAGE 97 t his Agreement. However, the Green Bay Water Utility and/or Hobart reserve the right to temporarily shut off the Potable Water supply in one or more of its mains for emergency or maintenance purposes. Except in the event of Force Majeure, neither Green Bay nor Hobart shall shut down all Potable Water delivery to Pulaski hereunder . The Green Bay Water Utility and Hobart shall give Pulaski at least seven (7) days advance notice of any turn-off under this Section, except that in emergencies it shall give notice which is reasonable under the particular circumstances. During such emergency or maintenance periods, Pulaski may obtain water from a nother source to the extent that the Green Bay Water Utility is unable to deliver Potable Water as contemplated by this Agreement; provided, that Pulaski has installed all necessary backflow protection equipment at every Point of Delivery, that Pulaski operates and maintains such equipment in accordance with Prudent Utility Practice, and that Pulaski resumes its purchase of Potable Water hereunder as soon as such emergency or maintenance period ends. Section 2.5 C URTAILMENT. If it becomes necessary for the Green Bay Water Utility to limit its delivery of Potable Water to Green Bay Customers or for Hobart to curtail water transmission hereunder, for any reason other than Force Majeure, the Parties will cooperate and use reasonable efforts to ensure that the level of curtailment with respect to Pulaski i s proportionate to the level of curtailment with respect to other Green Bay Customers or Hobart Customers. As contemplated by Section 11.10, and among other necessary curtailments, Pulaski sha ll enforce any street, lawn or garden sprinkling restrictions as imposed from time to time by the Green Bay Water Utility with respect to Green Bay Customers. During such periods of curtailment Pulaski may obtain Potable Water from another source to the extent that the Green Bay Water Utility is unable to deliver Potable Water as contemplated by this Agreement; provided, that Pulaski has installed all necessary backflow protection equipment at every Point of Delivery, that Pulaski operates and maintains such equipment in accordance with Prudent Utility Practice, and that Pulaski resumes its purchase of Potable Water hereunder as soon as such curtailment period ends. ARTICLE III DELIVERY OF WATER Section 3.1 P OINTS OF DELIVERY. The Green Bay Water Utility shall deliver Potable Water to Pulaski at the Points of Delivery identified in A TTACHMENT “A” . Title to all Potable Water supplied by the Green Bay Water Utility to Pulaski shall pass from the Green Bay Water Utility to Pulaski at the Green Bay/Hobart Points of Delivery, at which point Hobart shall become responsible for any degradation in the quality of that Potable Water prior to it reaching the Hobart/Pulaski Point of Delivery. Pulaski shall become solely responsible for any degradation in the quality of the Potable Water and/or any change in such Potable Water affecting its compliance with any applicable water quality standards promulga ted or established by any Governmental Authority, including without limitation any applicable Safe Drinking Water Act requirements at the Hobart/Pulaski Point of Delivery. Prior to the Green Bay/Hobart Point of Delivery, the PAGE 98 G reen Bay Water Utility shall be solely responsible for any degradation in the quality of such Potable Water and/or any change in such Potable Water affecting its compliance with any applicable water quality standards promulgated or established by any Governmental Authority, including without limitation any applicable Safe Drinking Water Act requirements Section 3.2 G REEN BAY FACILITIES UP TO THE GREEN BAY/HOBART INTERCONNECT POINT OF DELIVERY. The Green Bay Water Utility shall provide, own, operate, maintain, repair and replace all necessary facilities to del iver Potable Water to the Point of Delivery at Hobart. The Green Bay Water Utility expressly represents and warrants that the water provided at the Green Bay/ Hobart Point of Delivery shall be Potable Water that is treated and of a quality meeting or exceeding state and federal water quality standards, including applicable Safe Drinking Water Act requirements. Section 3.3 P ULASKI FACILITIES FROM THE HOBART / PULASKI POINT OF DELIVERY. Pulaski shall provide, own, operate, maintain, repair and replace all facilities from the Hobart/ Pulaski Point of Delivery to the Pulaski municipal boundaries and within Pulaski needed to take Potable Water from the Point of Delivery to Pulaski Customers. Section 3.4 P RESSURE. Pulaski shall receive its supply of Potable Water at the Points of Delivery at pressures that will vary from time to time consistent with Prudent Utility Practice. ARTICLE IV MEASUREMENT OF WATER Section 4.1 M EASUREMENT BY METERS. The volume of Potable Water sold by the Green Bay Water Utility to Pulaski shall be measured by meters located at approved Metering Points. The meters used shall be jointly selected by the Parties and shall meet the standards of the American Water Works Association. Section 4.2 O WNERSHIP OF METERS. The meters shall be furnished and installed, owned, operated, maintained, repaired and replaced by the Green Bay Water Utility. Section 4.3 L OCATION OF METERING POINTS. The Parties shall jointly select the locations of the Metering Points. Section 4.4 O WNERSHIP OF METERING STRUCTURES. The Green Bay Water Utility shall determine whether a structure is necessary to house the meter located at the Metering Point s in accordance with the standards of the American Water Works Association and/or are required by Prudent Utility Practice. If metering structure s are necessary, Pulaski shall design, construct and install such facilities at its expense and in PAGE 99 a ccordance with Prudent Utility Practice. Initial construction plans and specifications shall be submitted to the Green Bay Water Utility for review and approval, which shall not be unreasonably withheld. Thereafter, Pulaski shall own and maintain the structure s deemed necessary to house the meters and related equipment consistent with Prudent Utility Practices. The Green Bay Water Utility shall have access to the Metering Structures upon three (3) hours prior notice to Pulaski. Section 4.5 R ECORDS OF METER READINGS. For the purposes of this Agreement, the official record of meter readings at the Metering Points shall be kept in an Electronic Billing System maintained by the representatives of the Green Bay Water Utility and kept in the offices of the Green Bay Water Utility. These records shall be available for inspection by Pulaski during normal business hours. Pulaski shall give the Green Bay Water Utility at least 24 hours notice of its intention to inspect the records. Section 4.6 M ETER INSPECTION BY PULASKI. The meter s shall be available for inspection and examination by designated agents of Pulaski at all reasonable times. Pulaski will have access to the Metering Points after providing 24-hour notice to the Green Bay Water Utility. The Green Bay Water Utility may bill Pulaski for any additional costs incurred by Green Bay outside of normal operations as a result of providing it with such access pursuant to this Section. Section 4.7 C ALIBRATION. At least once in each Fiscal Year, the Green Bay Water Utility shall calibrate it’s meters measuring the delivery of Potable Water to Pulaski. The Green Bay Water Utility shall give Pulaski notice, not less than two (2) business days prior to the time of the calibration (which shall be conducted during normal business hours), so that Pulaski may have a representative present during the calibration. If a Pulaski representative is not present, the calibration and any necessary adjustment may proceed in the absence of such representative. If a check meter has been installed as contemplated by Section 4.8, such meter shall be calibrated by Pulaski at least once each Fiscal Year. Pulaski shall give the Green Bay Water Utility notice, not less than two (2) business days prior to the time of the calibration (which shall be conducted during normal business hours), so that the Green Bay Water Utility may have a representative present during the calibration. If a Green Bay representative is not present, the calibration and any necessary adjustment may proceed in the absence of such representative. Section 4.8 C HECK METER. Pulaski may, at its option and its own expense, install, operate and maintain a check meter to check the meter maintained by the Green Bay Water Utility , but the measurement of Potable Water for the purpose of this Agreement shall be solely by the meter maintained by the Green Bay Water Utility under this Agreement, except in the case hereinafter specifically provided to the contrary. Any such check meter shall be of the same make as the meter selected by the Parties pursuant to Section 4.1, and shall be subject at all reasonable times to inspection and examination by any designated employee or agent of the Green Bay Water Utility. The reading, calibration and adjustment of such check meter shall be performed only by Pulaski , but the Green Bay Water Utility shall be given notice of any calibration and adjustment of the meter; PAGE 100 pr ovided, however, that during any period when a check meter is being used under the provisions set forth below for measuring the amount of Potable Water delivered, the reading, calibration and adjustment of the check meter shall be performed by the Green Bay Water Utility with proper notification being given to Pulaski. The Green Bay Water Utility shall grant to Pulaski , at no cost, an easement at each respective Metering Point, including any structure at such Metering Point, sufficient to enable Pulaski to install, use, operate and maintain a check meter during the term of this Agreement. Pulaski shall have access to such Metering Point and check meter for examination and inspection after providing 24-hours notice to the Green Bay Water Utility. The Green Bay Water Utility may bill Pulaski for any additional costs incurred by the Green Bay Water Utility as a result of providing Pulaski with access pursuant to this Section. Section 4.9 M ETER MALFUNCTIONS. If either Party at any time observes a variation of m ore than two (2.0%) percent between a meter and a check meter or any evidence of meter malfunction, such Party shall promptly notify the other Party, and the Parties shall then cooperate to procure an immediate calibration test and such adjustment, replacement, or other work necessary to return such meter to accuracy. The Party who discovers such variation or malfunction shall give the other Party notice not less than seventy-two (72) hours prior to the time of any test of any meter (which tests shall be conducted, if practical, during normal business hours) so that the other party may conveniently have a representative present. If such representative is not present after the required notification at the time set in such notice, calibration and adjustment may proceed in the absence of the representative. Section 4.10 A DJUSTMENT OF CHARGES DUE TO METER MALFUNCTION. If, upon any inspection or test, any metering equipment is found to be out of service or the percentage inaccuracy of any metering equipment is found to be in excess of two percent (2%), registration thereof as well as charges for Potable Water based thereon shall be corrected, by agreement of the Parties based on the best data available, for a period extending back to the time when such inacc uracy began, if such time is ascertainable and, if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the last date of calibration, but in no event shall such period extend further back than a period of six (6 ) months. For such purposes, the best data available shall be deemed to be the registration of any meter or check meter if one has been installed and is accurately registering. Otherwise, the amount of Potable Water delivered during such period may be estimated (1) by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation; or (2) if the error is not ascertainable by calibration tests or mathematical calculation, by estimating the quantity of delivery by reference to deliveries during the preceding periods under similar conditions when the meter or meters were registering accurately. Billing adjustments related to meter malfunctions shall be handled in the same manner prescribed in Section 8.3(c). Section 4.11 U NIT OF MEASUREMENT. T he unit of measurement for Potable Water delivered hereunder shall be gallons of water, U.S. Standard Liquid Measure, and all measuring devices shall, unless the Green Bay Water Utility, Hobart and Pulaski otherwise PAGE 101 a gree, be so calibrated. In the event that it should become necessary or desirable to use other units of measurement, the basis of conversion shall be that 7.48 gallons is equivalent to one (1) cubic foot. ARTICLE V CONSTRUCTION OR ACQUISITION OF FACILITIES Section 5.1 I NTERCONNECTION FACILITIES PLANS. As soon as practicable, Pulaski shall submit to the Green Bay Water Utility and Hobart for review and comment a draft of the plans and specifications for the design, construction and operation of the Interconnection Facilities. The Green Bay Water Utility and Hobart shall have a maximum of thirty (30) days to provide comments on the plans and specifications for the Interconnection Facilities. Pulaski shall incorporate such comments into its final plans and specifications to the extent they are reasonable and necessary for Pulaski to construct, maintain and operate the Interconnection Facilities and the Pulaski Waterworks System in accordance with Prudent Utility Practice. Section 5.2 C ONSTRUCTION INTERCONNECTION FACILITIES. Pulaski s hall arrange for the financing and construction of the Interconnection Facilities in accordance with the approved plans and specifications therefore, and in accordance with the appr ovals contemplated by Section 16.2. Section 5.3 CONNECTION OF PULASKI WATERWORKS SYSTEM TO THE GREEN BAY WATERWORKS SYSTEM. Upon completion of construction of the Interconnection Facilities, Green Bay and Hobart shall connect Pulaski’s Waterworks System to the Hobart Waterworks System and the Green Bay Waterworks System when it may do so consistent with Prudent Utility Practice, and in no event shall such connection occur less than ten (10) days prior to the commencement of service hereunder. Pulaski shall reimburse Green Bay and Hobart for the actual costs incurred by the Green Bay Water Utility and Hobart in connecting Pulaski’s Waterworks System to the Interconnection Facilities. Section 5.4 A FTER CONNECTION. The Interconnection Facilities sh all at all times be part of the sole and exclusive property of Pulaski subject to any maintenance and operational agreements into which the Parties may subsequently enter. PAGE 102 ART ICLE VI CAPITAL PROJECTS; ADDITIONAL POTABLE WATER; UNEXPECTED INVESTMENTS; FUTURE CAPITAL PROJECTS Section 6.1 A DDITIONAL POTABLE WATER VOLUMES. If at any time during the term of this Agreement Pulaski ’s demand for Portable Water is forecast to exceed Pulaski’s Maximum Day Water Demand set forth in ATTACHMENT “A” on a temporary or long-term basis, Pulaski shall request that the Green Bay Water Utility deliver Potable Water in excess of Pulaski ’s Maximum Day Water Demand, and the Green Bay Water Utility may not unreasonable deny such a request; provided, that such request would be reasonably denied by the Green Bay Water Utility if, among other things, such request could reasonably be expected to: (a) Result in additional capital investment costs, or disproportionate increases in operation and maintenance costs or other costs to be incurred by the Green Bay Water Utility; or (b) Limit the Green Bay Water Utility’s ability to satisfy, at any time and under any circumstance, the Green Bay Water Utility ’s Maximum Day Demand, as projected at the time of such request by Pulaski , without any material increase in capital investment and without any material change in variable operating costs to be incurred by the Green Bay Water Utility; or (c) Affect the Green Bay Water Utility ’s ability to operate the Green Bay Waterworks System in accordance with Prudent Utility Practice. (d) Subject to the conditions set forth at Section 6.1(a) through (c), and to all other terms and conditions of this Agreement, the cost of Potable Water in excess of Pulaski’s Maximum Day Water Demand delivered by the Green Bay Water Utility pursuant to this Section 6.1 shall be as established under Article VII. (e) Limit Hobart’s ability to satisfy, at any time and under any circumstance, its maximum day potable water demand, as projected at the time of such request by Pulaski, without any material increase in capital investment and without any material change in variable operating costs; or (f) If upon such a request from Pulaski the conditions of this Section 6.1 are not satisfied, then the Green Bay Water Utility ’s decision to provide volumes of Potable Water in excess of Pulaski ’s Maximum Day Water Demand as set forth in ATTACHMENT “A” shall be at the Green Bay Water Utility’s sole discretion, and shall be subject to all other provisions of this Agreement, including without limitation Section 6.1 and Section 10.3. PAGE 103 S ection 6.2 U NANTICIPATED GROWTH. If , during the term of this Agreement, Pulaski shall experience unanticipated growth in its demand for Potable Water: (a) Pulaski shall pay for unexpected growth in its demand for Potable Water in excess of Pulaski’s Maximum Day Water Demand as set forth in ATTACHMENT “A” hereto; provided, that if Pulaski ’s demand for Potable Water is anticipated to exceed Pulaski’s Maximum Day Water Demand Pulaski shall request additional capacity from the Green Bay Water Utility as contemplated by Section 6.1 as soon as practicable. (b) If, as contemplated by Section 6.1, the Green Bay Water Utility reasonably denies a request by Pulaski pursuant to Section 6.1, then Green Bay shall determine the capital investments in the Green Bay Waterworks System for the facilities that are required prior to January 1, 2046 in order for the Green Bay Water Utility to serve Pulaski’s unanticipated level of g rowth in the volume of Potable Water required by Pulaski to serve all Pulaski Customers. As part of its determination, the Green Bay Water Utility shall evaluate whether Pulaski additional demand for Potable Water can be satisfied in a more cost -effective manner by use of Pulaski ’s wells. (c) If the Green Bay Water Utility determines that capital investment in the Green Bay Waterworks System is necessary in order for the Green Bay Water Utility to satisfy Pulaski’s additional demand for Potable Water then upon written notice to Pulaski, the Green Bay Water Utility shall seek all necessary Governmental Authority approvals with respect to the construction of such facilities; provided, that Pulaski shall be allowed to review and comment on any PSC application before it is submitted by the Green Bay Water Utility. Within thirty (30) days after receiving notice from the Green Bay Water Utility confirming the need for the construction of such facilities and describing the estimated cost of such facilities, the Green Bay Water Utility and Pulaski shall meet to discuss and negotiate payment arrangements for Pulaski to pay for the costs associated with the construction of such facilities. (d) If the Green Bay Water Utility provides written notice to Pulaski that it cannot or will not provide Potable Water to Pulaski in excess of Pulaski ’s Maximum Day Water Demand in order to meet all or any portion of Pulaski ’s unanticipated growth in demand for Potable Water, Pulaski may then acquire Potable Water from a source other than the Green Bay Water Utility in order to satisfy such portion of its demand for Potable Water in excess of Pulaski’s Maximum Day Water Demand. Section 6.3 O THER UNANTICIPATED EVENTS. Capital investments in the Green Bay Waterworks System required prior to Janua ry 1, 2046 for fac ilities related to unanticipated events affecting both the Green Bay Water Utility and Pulaski such as more stringent water quality standards, shall be paid in cash by Pulaski in the ma nner PAGE 104 co ntemplated in Section 6.2(c), provided, however, that Pulaski shall be responsible only for the percentage of such costs that are attributable to the Green Bay Water Utility ’s provision of service to Pulaski hereunder. Such percentage shall, during each Fiscal Year of the term of this Agreement, be equivalent to t he number of gallons of Potable Water actually delivered by the Green Bay Water Utility to Pulaski hereunder during the most recently completed Fiscal Year, divided by the number of gallons of Potable Water actually delivered by the Green Bay Water Utility to all Green Bay Customers during the most recently completed Fiscal Year. Section 6.4 P OST-TERM SERVICE. Any service provided to Pulaski after December 31, 2045 shall be conditioned upon the continued effectiveness of this Agreement, and upon the Green Bay Water Utility ’s ability to provide such service consistent with Section 6. 5 hereof without jeopardizing its ability to adequately serve and satisfy the then -projected Gree n Bay Water Utility ’s Maximum Day Water Demand at reasonable, PSC -approved rates and to operate the Green Bay Waterworks System in accordance with Prudent Utility Practice. Section 6.5 F UTURE CAPITAL PROJECTS. As the need for Future Capital Projects arises from time to time in order for Green Bay to continue its delivery of Potable Water to Pulaski and for Hobart to continue to convey that water to Pulaski as made and provided hereunder after December 31, 2045, the P arties agree that the continued effectiveness of this Agreement, and the Green Bay Water Utility’s continued obligation to provide water service to Pulaski and Hobart’s continued obligation to convey water from Green Bay to Pulaski through the Hobart Water Works System will remain contingent upon the following: (a) PSC approval of Pulaski’s obligation to pay, up- front, for its pro -rata share of all Future Capital Project Costs, and/or the Green Bay Water Utility’s ability to rely upon expected revenue collected from Pulaski after December 31, 2045, pursuant to PSC -approved wholesale rates, as a guaranteed source for the ultimate repayment of all Future Capital Project Costs; and (b) PSC approval of Pulaski’s obligation to pay, up front, for its pro- rata share of all Future Capital Project Costs associated with any expansion of Hobart’s Waterworks System to accommodate any increase in Pulaski’s Maximum Day Water Demand as set forth on ATTACHMENT “A” hereto. PAGE 105 ART ICLE VII PRICES AND TERMS OF PAYMENT Section 7.1 M EASURED CONSUMPTION. The Green Bay Water Utility will bill Pulaski based on meter readings as provided for in Article IV . M eter readings for each Metering Point shall be billed separately. Billing hereunder shall be monthly. Section 7.2 C OST OF WATER GENERALLY. Through December 31, 2045, the cost for Potable Water purchased from the Green Bay Water Utility by Pulaski hereunder shall equal the total metered consumption as determined by Section 7.1 multiplied by the applicable volume rate in force as determined by Section 7.3. Section 7.3 W HOLESALE POTABLE WATER RATE. Wholesale Water Service shall be furnished to Pulaski by the Green Bay Water Utility at the initial volume rate per thousand gallons as set forth on ATTACHMENT “A”, subject to any intervening PSC rate increases. Any future adjustment or modification of the Conveyance Charge shall be subject to prior approval by the PSC. In future rate proceedings before the PSC, the wholesale rate hereunder shall be increased or decreased by the same percentage increase or decrease of the lowest rate approved by the PSC for any Green Bay Retail Customer, as set forth on the Green Bay Water Utility’s General Service - Metered Schedule (MG-1), or any subsequent replacement tariff on file with the PSC . The rate established hereunder does not include Water Conveyance Charge to be imposed by Hobart for the transmission of Potable Water from Green Bay through that portion of the Interconnection Facilities owned, operated and maintained by Hobart in the manner provided in Section 7.5 hereof. Section 7.4 R ATE APPLICATION. On or before June 1, 2045, the Green Bay Water Utility shall file a rate application with the PSC requesting that th e PSC establish wholesale rates, and approve all non- rate terms, conditions and service standards, for its continued wholesale sales of Potable Water to Pulaski hereunder effective January 1, 2046. Section 7.5 H OBART WATER CONVEYANCE CHARGE. The initial fee to be charged to Pulaski by Hobart for the transmission of potable water from the Green Bay Water Utility to Pulaski through the Hobart Waterworks System as a Water Conveyance Charge shall be at the initial volume rate per thousand gallons as set forth on ATTACHMENT “A”. Any future adjustment or modification of the Water Conveyance Charge shall be subject to prior approval by the PSC. Section 7.6 PSC SET RATES AND TERMS BEGINNING IN 2046. For the period beginning January 1, 2046, the applicable wholesale water rate in effect for all sales of Potable Water by the Green Bay Water Utility to Pulaski and all applicable non-rate terms, conditions and standards governing such service, shall be established by the PSC pursuant to PSC regulation utilizing the application of standard rate -making and regulatory principles and procedures. PAGE 106 ART ICLE VIII COMMENCEMENT OF SERVICE AND BILLING Section 8.1 C OMMENCEMENT OF SERVICE. Subject to all other terms and conditions set forth herein, the Green Bay Water Utility shall deliver Potable Water to Pulaski as soon as practicable upon satisfaction of all of the following contingencies: (a) The Parties obtain all necessary Governmental Ap provals set forth in Sections 17.1 through 17.5. (b) This Agreement remains in full force and effect and the Parties have remained in compliance with all terms and conditions of the Agreement. (c) The Green Bay Water Utility has constructed all Capital Projects that are required prior to the commencement of service hereunder. (d) Pulaski has constructed or made all improvements to Pulaski’s Waterworks System necessary prior to acceptance of Potable Water delivered by the Green Bay Water Utility as contemplated hereunder. (e) Pulaski has constructed the Interconnection Facilities as contemplated by Section 5.3 hereof. (f) The Green Bay Waterworks System has been connected to Pulaski ’s Waterworks System as contemplated by Section 5.3, such that the Green Bay Water Utility is able to deliver Potable Water to Pulaski through Hobart, and Pulaski is able to accept delivery of Potable Water from the Green Bay Water Utility. (g) Once the Parties have obtained all necessary Government Ap provals set forth in Sections 17.1 through 17.5, the Parties shall use their best efforts to ensure that the Green Bay Water Utility’s delivery of Potable Water to Pulaski hereunder through Hobart commences upon completion of the interconnection facilities. Section 8.2 B ILLS AND DUE DATE. The Green Bay Water Utility shall bill Pulaski for water service on a monthly basis. Hobart shall separately bill Pulaski for the Water Conveyance Charge on a quar terly basis. Bills shall be sent on or before the 10th day of the first month of the next immediate month following the month in which service is provided. Pulaski shall pay all bills in full within 21 days of receipt. Section 8.3 D ISPUTED INVOICES. In the event Pulaski shall dispute any monthly invoice from either the Green Bay Water Utility or Hobart, or both, the following process and procedures shall apply: PAGE 107 ( a) If Pulaski desires to dispute all or any part of an invoice for either the Green Bay Water Utility or Hobart , or both, it shall nevertheless pay the full amount of any such payment when due and include with such payment written notification to the billing Party that charges are disputed, the grounds for dispute and the amount in dispute. Except as contemplated by Section 4.11, no adjustment or relief on account of any disputed charges shall be available to Pulaski unless the written notification described herein is provided at the time the bill is paid; provided, however, that if the grounds for such dispute were not timely discovered by Pulaski despite its exercise of Prudent Uti lity Practices, then within fifteen (15) days of discovering the grounds for a dispute Pulaski may provide billing Party with written notification of the dispute along with an explanation of the circumstances resulting in delay of discovery. (b) Upon receipt of such dispute notification, representatives of the Parties shall meet within ten (10) business days to resolve such dispute. The Parties shall, if necessary, continue efforts to resolve the dispute using the procedure set forth in Article XIII. (c) In the event that it is determined that Pulaski has been over-billed or under- billed, an appropriate credit or debit shall be reflected in the next bill or bills issued by the billing Party, and such credit or debit shall accrue interest at the rate set out in Section 8.4 commencing as of the date on which the disputed bill was originally due. Section 8.4 DEFAULT; INTEREST ON OVERDUE PAYMENTS. If Pulaski fails to make any payment required under this Contract on or before its due date, it shall be in default, and interest on the amount of such payment shall accrue during the period of non- payment at the lower of the following rate from the date such payment becomes due until paid in full with interest as herein specified: (a) T he rate authorized by the PSC or (b) One (1%) percent per month compounded monthly at the then authorized rate. ARTICLE IX COVENANTS OF GREEN BAY Section 9.1 L IMITATION ON SERVICE. Green Bay and the Green Bay Water Utility disclaim any duty, obligation or responsibility to provide Potable Water to Pulaski except as expressly provided in this Agreement. PAGE 108 S ection 9.2 P RUDENT UTILITY PRACTICE. The Green Bay Water Utility shall, at all times during the term of this Agreement, own, operate, maintain, repair and replace all portions of the Green Bay Waterworks System in a manner consistent with Prudent Utility Practice. ARTICLE X COVENANTS OF HOBART Section 10.1 L IMITATION ON SERVICE. Hobart disclaims any duty, obligation or responsibility to transmit Potable Water from Green Bay to Pulaski except as expressly provided in this Agreement. Section 10.2 P RUDENT UTILITY PRACTICE. Hobart shall, at all times during the term of this Agreement, own, operate, maintain, repair and replace all portions of the Hobart Waterworks System related to the transmission of Potable Water from Green Bay to Pulaski hereunder in a manner consistent with Prudent Utility Practice. ARTICLE XI COVENANTS OF PULASKI Section 11.1 E XCLUSIVE SERVICE Except as expressly contem plated by Article II, Section 10.3 or as otherwise expressly contemplated herein, during the term of this Agreement the Green Bay Water Utility shall be the exclusive source of Potable Water used by Pulaski in order to serve Pulaski Customers , as defined in Section 1.1(ee ) hereof. During the term of this Agreement, Pulaski may only maintain and operate Pulaski’s wells, and may only use water from Pulaski’s wells, under and upon the following: (a) Use in the minimum a mount necessary to keep the wells in an active, non - abandoned status; (b) Use for standby purposes including but not limited to fire protection, emergency services, responses to Force Majeure events, emergency or maintenance shut off as contemplated by Section 2.2, and curtailment as contemplated by Section 2.3; (c) Use to satisfy an unanticipated level of growth in the volume of Potable Water required by Pulaski , but only if authorized in writing by the Green Bay Water Utility as contemplated under Section 6.2; (d) Such other use for which the Green Bay Water Utility provides prior express written consent at its discretion. Section 11.2 L IMITED SERVICE. Pulaski acknowledges that Green Bay and the Green Bay Water Utility have absolutely no duty, obligation or responsibility to provide PAGE 109 w ater to Pulaski except as expressly set forth in this Agreement. Pulaski further acknowledges that Hob art has absolutely no duty to transmit Potable Water from Green Bay to Pulaski through the Hobart Waterworks System except as expressly set forth in this Agreement. Section 11.3 S ERVICE AREA EXPANSIONS. Pulaski acknowledges that while its demand for Potable Water may increase through annexations, boundary modifications, extra-territorial water sales agreements or other extensions of water service beyond the limits of its corporate municipal boundaries in effect as of the date of this Agreement and/or beyond the limits of any extra -territorial water sales agreements in effect as of the date of this Agreement, any such service area expansion shall not entitle Pulaski to purchase and accept delivery of a volume of Potable Water from the Green Bay Water Utility in excess of Pulaski’s Maximum Day Water Demand without the prior express written consent of the Green Bay Water Utility, which consent shall be subject to, among other things, the proces s contemplated under Section 6.2. If Pulaski ’s service area expansion is the result of an extra-territorial water sales agreement, Pulaski shall not enter into such an expansion without the prior written consent of the Green Bay Water Utility and Hobart nor without following the process contemplated by Section 6.2. Section 11.4 U NEXPECTED AGREEMENT TERMINATION. Pulaski acknowledges that after the Green Bay Water Utility obtains the PSC approvals described in Sections 17.1, 17.2 and 17.5, all Capital Project Costs incurred by the Green Bay Water Utility, including additional costs the Green Bay Water Utility may incur as contemplated by Sections 6.2 through 6.4, shall be incurred by the Green Bay Water Utility in reasonable reliance upon Pulaski’s continued satisfaction of all of its duties and obligations hereunder. If, after such PSC approvals are obtained from time to time, this Agreement is terminated for any reason, other than a default by Green Bay or the Green Bay Water Utility, at a point in time by which Pulaski has not yet accepted delivery of and paid for a sufficient amount of Potable Water such that the Green Bay Water Utility has fully recovered, in the form of revenue collected hereunder, the total amount of the Capital Project Costs and all operating and other costs legally incurred by the Green Bay Water Utility to date in connection with the performance of its obligations hereunder, then, within ninety (90) days of such Agreement termination, and without limiting any other rights which Green Bay or the Green Bay Water Utility may have hereunder or at law or equity, Pulaski shall pay to the Green Bay Water Utility an amount of cash equal to the difference between such Costs and such Revenue. Section 11.5 L IMITED PARTICIPATION IN PSC PROCEEDINGS. (a) During the term of this Agreement, Pulaski may commence or participate in PSC proceedings involving the Green Bay Water Utility or Hobart in order to allege in good faith that either or both the Green Bay Water Utility and/or Hobart has failed to honor its obligations under this Agreement or to otherwise attempt in good faith to protect its perceived interests. However, Pulaski shall not, in any PSC proceeding: PAGE 110 (1 ) Take or advance any position that is inconsistent with this Agreement; nor (2) Take or advance any position that is inconsistent with, or that would other-wise undermine, contravene or circumvent PSC approvals or rulings obtained by the Parties in connection with this Agreement. (b) Pulaski may participate before the P SC with respect to any dispute over costs attributed by the Green Bay Water Utility to Pulaski as contemplated by Section 6.3(c) and Section 6.4, but only to the extent that there is a dispute over the amount of costs that Pulaski must reimburse the Green Ba y Water Utility as contemplated by those Sections. (c) Pulaski may participate in the PSC proceeding contemplated by Section 16.1 and shall use its best efforts to cooperate in obtaining the PSC approvals and ruling contemplated therein. Section 11.6 P ULASKI BUDGET CONSIDERATION. During the term of this Agreement, Pulaski covenants that it will include provisions for payment of all of its financial obligations to Green Bay and Hobart under this Agreement in each fiscal year budget presented for final approval by its Village Board. In the event that such provisions are not approved by the Pulaski Village Board as part of its approval and adoption of any final budget for any fiscal year, Pulaski shall provide written notice of such circumstance to the Green Bay Water Utility and Hobart within seven (7) days of such event. Section 11.7 P ULASKI TO MAINTAIN ITS UTILITY OBLIGATION. During the term of this Agreement , Pulaski shall not, without the prior written consent of the Green Bay Water Utility , which shall be granted at the Green Bay Water Utility ’s sole discretion, abandon, sell, or otherwise dispose of o r discontinue all or any portion of its obligations and duties as a default retail or wholesale water utility service provider to all Pulaski Customers within the municipal boundaries of Pulaski, as such boundaries existed on the Effective Date of this Agreement, unless such action by Pulaski is due to either Force Majeure or decisions by Pulaski Customers to reduce or terminate their purchase of Potable Water from Pulaski. Section 11.8 C ERTAIN PULASKI ACTIONS. During the term of this Agreement Pulaski shall not, without the prior written consent of the Green Bay Water Utility and/or Hobart, which consent shall not be unreasonably withheld, provided that such consent shall be reasonably withheld if Green Bay reasonably determines that such proposed Pulaski actions would either render Pulaski unable to satisfy all of its duties and obligations hereunder or affect the Green Bay Water Utility ’s ability to operate the Green Bay Waterworks System in accordance with Prudent Utility Practice: (a) Merge or consolidate with one or more other public utilities. PAGE 111 (b ) Transfer ownership or operational control over all or any portion of the Pulaski Waterworks System. (c) Provide, sell or distribute potable water acquired hereunder to another municipal water utility without the prior written consent of Green Bay. Section 11.9 A GREEMENT TO ABIDE BY RULES AND REGULATIONS. Pulaski shall abide by the “Rules and Regulations” of the Green Bay Water Utility on file with the PSC and as amended from time to time, to the extent such “Rules and Regulations” are applicable to Green Bay’s provision of water service to Pulaski hereunder. If any provision of this Agreement contradicts any provision of such “Rules and Regulations”, the provisions of this Agreement shall control. Section 11.10 P RUDENT UTILITY PRACTICES. Pulaski shall, at all times during the term of this Agreement, own, operate, maintain, repair and replace all portions of the Pulaski Waterworks System in a manner consistent with Prudent Utility Practice. ARTICLE XII DEFAULTS; FORCE MAJEURE Section 12.1 GREEN BAY DEFAULTS. Failure by Green Bay to deliver Potable Water to Pulaski as required by this Agreement shall be an immediate default under this Agreement except to the extent that such failure is excused due to Force Majeure. Failure of Green Bay or the Green Bay Water Utility to perform any other obligation under this Agreement and the continuation of that failure to perform for thirty (30) days after written notice from Pulaski to Green Bay of such failure shall be a default of Green Bay or the Green Bay Water Utility under this Agreement, except to the extent that such failure is excused due to Force Majeure. If Green Bay or the Green Bay Water Utility defaults under this Agreement, Pulaski may (a) immediately bring an action against Green Bay or the Green Bay Water Utility , which may be an action for money damages or for any other legal or equitable remedy available; or (b) follow the dispute resolution procedure set forth in Article XIV. Election of any remedy shall not be a waiver of any other remedy. Section 12.2 HOBART DEFAULTS. Failure by Hobart to transmit and transport Potable Water from Green Bay to Pulaski as required by this Agreement shall be an immediate default under this Agreement except to the extent that such failure is excused due to Force Majeure. Failure by Hobart to perform any other obligation under this Agreement and the continuation of that failure to perform for thirty (30) days after written notice from Pulaski to Hobart of such failure shall be a default of Hobart under this Agreement, except to the extent that such failure is excused due to Force Majeure. If Hobart defaults under this Agreement, Pulaski may (a) immediately bring an action against Hobart, which may be an acti on for money damages or for any other legal or equitable PAGE 112 r emedy available; or (b) follow the dispute resolution procedure set forth in Article XIV . Election of any remedy shall not be a waiver of any other remedy. Section 12.3 P ULASKI DEFAULTS. Failure by Pulaski to timely pay for Potable Water delivered under the terms of this Agreement as required by this Agreement shall be an immediate default under this Agreement. Failure by Pulaski to perform any other obligation under this Agreement and the continuation of that failure to perform for thirty (30) days after written notice from either or both the Green Bay Water Utility and/or Hobart to Pulaski of such failure shall also be a default of Pulaski under this Agreement, except to the extent that such failure is excused due to Force Majeure. If Pulaski defaults under this Agreement, either or both Green Bay and/or Hobart shall have the option of (a) immediately bringing an action against Pulaski , which may be an action for money damages or for any other legal or equitable remedy available; or (b) following the dispute resolution procedure set forth in Article XIV. Election of any remedy shall not be a waiver of any other remedy. Section 12.4 FORCE MAJEURE. In case by reason of Force Majeure any Party hereto shall be rendered unable wholly or in part to carry out its obligation under this Agreement, then if such Party shall give notice and full particulars of such Force Majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on, the obligation of the Party giving such notice to perform under this Agreement shall, so far as it is affected by such Force Majeure, be suspended during the continuance of the inability then claimed, but for no longer period, and any such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. Notwithstanding anything in this Agreement to the contrary, no payment obligation arising under this Agreement prior to the date of an event of Force Majeure shall be excused by such event of Force Majeure. The burden of proof shall be on any Party claiming excuse from performance by reason of Force Majeure. During periods of Force Majeure, Pulaski may obtain water from a third party source to the extent that the Green Bay Water Utility is unable to deliver the volume of Potable Water contemplated by this Agreement; provided, that Pulaski has installed all necessary backflow protection equipment at every Point of Delivery, and that Pulaski operates and maintains such equipment in accordance with Prudent Utility Practice, and that Pulaski resumes its exclusive purchase of Potable Water hereunder as soon as such Force Majeure period ends. PAGE 113 ART ICLE XIII RISK OF LOSS AND INDEMNIFICATION Section 13.1 RISK OF LOSS BY PULASKI. As between and among Green Bay, the Green Bay Water Utility and Hobart and Pulaski, Pulaski shall be responsible for and shall bear the full risk of loss with respect to any loss of or damage to any property located on Pulaski’s side of the Hobart/Pulaski Point of Delivery, including any real property within the corporate municipal boundaries of either Green Bay or Hobart to which Pulaski is granted use and access to by easement pursuant to Section 1 6.5, any personal injury or death, or loss of or damage to any other property arising out of the construction, ownership or leasing, operation or maintenance of any property of Pulaski on P ulaski’s side of Hobart / Pulaski Point of Delivery , including any real property within the corporate municipal boundaries of either or both Green Bay or Hobart to which Pulaski is granted use and access to by easement pursuant to Section 16.5; and with respect to any personal injury or death, or loss of or damage to any other property arising out of the construction required by hereunder by Pulaski; provided, however, that Pulaski shall not be responsible for any such loss, damage, or injury to the extent that such loss, damage, or injury arises out of the negligence or willful misconduct of Green Bay or the Green Bay Water Utility or Hobart. Section 13.2 R ISK OF LOSS BY GREEN BAY. As between Pulaski and Green Bay, Green Bay shall, except as provided in the preceding paragraph, be responsible for and shall bear the full risk of loss (i) with respect to any loss of or damage to any property located on Green Bay’s side of the Green Bay/ Hobart Point of Delivery, including any real property within Pulaski ’s corporate municipal boundary to which the Green Bay Water Utility is granted use and access by easement pursuant to Section 16.5, any personal injury or death, or loss of or damage to any other property arising out of the construction, ownership, operation or maintenance of any property of Green Bay or the Green Bay Water Utility on Green Bay’s side of the Green Bay/ Hobart Point of Delivery, including any real property within or outside of Pulaski’s corporate municipal boundary to which the Green Bay Water Utility is granted use and access by easement pursuant to Section 16.5, and any personal injury or death, or loss of or damage to any other property arising out of the satisfaction by Green Bay of any obligation of the Green Bay Water Utility hereunder; provided, however, that Green Bay nor the Green Bay Water Utility shall not be responsible for any such loss, damage, or injury to the extent that such loss, damage, or injury arises out of the negligence or willful misconduct of Pulaski. Section 13.3 I NDEMNIFICATION BY PULASKI. Pulaski shall defend, indemnify and hold harmless Green Bay, the Green Bay Water Utility , Hobart and their Associated Parties against and from any Indemnifiable Cost arising out of any injury, bodily or otherwise, to, or death of, persons, or for damage to, or destruction of, property belonging to Green Bay, the Green Bay Water Utility, Hobart and Pulaski or others (each a “Claim”), resulting from or attributable to the negligence or willful misconduct of Pulaski, resulting from or attributable to the breach of any of Pulaski ’s representations or warranties contained herein, or resulting from, arising out of, or in any way connected with the PAGE 114 pe rformance of, or failure to perform, any Pulaski obligation under this Agreement, excepting in each case any Indemnifiable Cost to the extent it is caused by Force Majeure or the negligence or willful misconduct of Green Bay, the Green Bay Water Utility, Hobart or their Associated Parties . Pulaski shall also defend, indemnify and hold harmless Green Bay, the Green Bay Water Utility , Hobart and their Associated Parties against and from any Indemnifiable Cost arising out of claims of any third party, or any direct or indirect customer of Pulaski arising out of or relating to any alleged obligation, duty or responsibility of Green Bay or the Green Bay Water Utility to provide water service to Pulaski or any third party except as expressly contemplated by this Agreement. Section 13.4 I NDEMNIFICATION BY GREEN BAY. Green Bay shall defend, indemnify and hold harmless Pulaski and Hobart and its agents from and against any Indemnifiable Cost arising out of any Claim resulting from or attributable to the negligence or willful misconduct of Green Bay, the Green Bay Water Utility or their Associated Parties resulting from or attributable to the breach of any of Green Bay’s representations or warranties contained herein, or resulting from, arising out of, or in any way connected with the performance of, or failure to perform any obligation of Green Bay or the Green Bay Water Utility under this Agreement, excepting in each case any Indemnifiable Cost to the extent it is caused by Force Majeure or the negligence or willful misconduct of Pulaski or its agents. Section 13.5 I NDEMNIFICATION BY HOBART. Hobart shall defend, indemnify and hold harmless Pulaski , Green Bay, the Green Bay Water Utility and its agents from and against any Indemnifiable Cost arising out of any Claim resulting from or attributable to the negligence or willful misconduct of Hobart or their Associated Parties resulting from or attributable to the breach of any representations or warranties of Hobart contained herein, or resulting from, arising out of, or in any way connected with the performance of, or failure to perform any obligation of Hobart under this Agreement, excepting in each case any Indemnifiable Cost to the extent it is caused by Force Majeure or the negligence or willful misconduct of Pulaski, Green Bay, the Green Bay Water Utility or their agents. Section 13.6 I NDEMNIFICATION BY THE PARTIES. If, due to the joint, concurring, comparative or contributory negligence or willful misconduct of the Parties or their agents, either Party incurs any Indemnifiable Cost arising out of any Claim, such Indemnifiable Cost shall be allocated between the Parties in proportion to their respective degrees of negligence or willful misconduct contributing to such Claim. Section 13.7 N OT EMPLOYEES No Party hereto nor such Party’s agents or employees shall be deemed an employee of the any other Party hereto. No Party shall bring any claim against any other Party or such Party’s Associated Parties with respect to any liability for compensation under any applicable state or federal Worker’s Compensation Act, including Worker’s Compensation and/or employer’s liability claims of employees. Each Party shall be liable for all claims of the Party’s own employees and/or other Agent arising under any provision of any Workers’ Compensation Law. PAGE 115 S ection 13.8 N OTICE AND PARTICIPATION. With respect to any claim of indemnification hereunder: (a) If any Party entitled to indemnification hereunder (the “Indemnified Party”) intends to seek indemnification under this Article from any other Party (the “Indemnifying Party”) with respect to any Claim, the Indemnified Party shall give the Indemnifying Party notice of such Claim upon the receipt of actual knowledge or information by the Indemnified Party of any possible Claim or of the commencement of such Claim, which notice shall in no event be later than thirty (30) days prior to the last day for responding to such Claim. The Indemnifying Party shall have no liability under this Article for any Claim for which such notice is not provided, to the extent that the failure to give such notice materially impairs the ability of the Indemnifying Party to respond to or to defend the Claim. (b) The Indemnifying Party shall have the right to assume the defense of any Claim, at its sole cost and expense, with counsel designated by the Indemnifying Party and reasonably satisfactory to the Indemnified Party; provided, however, that if the defendants in any such proceeding include both the Indemnified Party and the Indemnifying Party, and the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it which are different from or additional to those available to the Indemnifying Party, the Indemnified Party shall have the right to select separate counsel to assert such legal defenses and to otherwise participate in the defense of such Claim on behalf of such Indemnified Party, and the Indemnifying Party shall be responsible for the reasonable fees and expenses of such separate counsel. (c) Should any Indemnified Party be entitled to indemnification under this Article as a result of a Claim by a third party, and should the Indemnifying Party fail to assume the defense of such Claim within a reasonable period of time, the Indemnified Party may, at the expense of the Indemnifying Party, contest (or, with or without the prior consent of the Indemnifying Party, settle) such Claim. (d) Except to the extent expressly provided otherwise herein, no Indemnified Party shall settle any Claim with respect to which it has sought or is entitled to seek indemnification pursuant to this Article unless (i) it has obtained the prior written consent of the Indemnifying Party, or (ii) the Indemnifying Party has failed to provide, within a reasonable period of time, security, in a form reasonably satisfactory to the Indemnified Party, securing the payment of any Indemnifiable Cost, up to the amount of the proposed settlement. (e) Except to the extent expressly provided otherwise herein, no Indemnifying Party shall settle any Claim with respect to which it may be liable to provide indemnification pursuant to this Article without the prior written consent of the Indemnified Party, provided, however, that if the Indemnifying Party has reached a bona fide settlement agreement with the plaintiff(s) in any such proceeding, which PAGE 116 s ettlement includes a full release of the Indemnified Party for any and all liability with respect to such Claim, and the Indemnified Party does not consent to such settlement agreement, then the dollar amount specified in the settlement agreement, plus the Indemnified Party’s reasonable legal fees and other costs related to the defense of the Claim incurred prior to the date of such settlement agreement, shall act as an absolute maximum limit on the indemnification obligation of the Indemnifying Party with respect to the Claim, or portion thereof, that is the subject of such settlement agreement. Section 13.9 N ET AMOUNT. In the event that an Indemnifying Party is obligated to indemnify and hold any Indemnified Party harmless under this Article, the amount owing to the Indemnified Party shall be the amount of such Indemnified Party’s actual Indemnifiable Cost, net of any insurance or other recovery actually received by the Indemnified Party. Section 13.10 A SSERTION OF CLAIMS. No Claim of any kind shall be asserted against any Party hereto or such Party’s agents, whether arising out of contract, tort (including negligence), strict liability, or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, within the applicable statute of limitations period for such Claim. Section 13.11 N O RELEASE OF INSURERS. The provisions of this Article shall not be deemed or construed to release any insurer from its obligation to pay any insurance proceeds in accordance with the terms and conditions of valid and collectible insurance policies. Section 13.12 S URVIVAL OF OBLIGATION. The duty to indemnify under this Article shall continue in full force and effect notwithstanding the expiration or termination of this Agreement, with respect to any loss, liability, damage or other expense based on facts or conditions which occurred prior to such termination. Section 13.13 L IMITATION OF LIABILITY. For breach or default of any provision of this Agreement for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall be the sole and exclusive remedy. Neither Party shall be liable to the other Party for consequential, incidental, punitive , exemplary or indirect damages, or lost profits. The limitations herein imposed on remedies and the measure of damages is without regard to the cause or causes related thereto, including the negligence of any Party, whether such negligence be sole, joint or concurrent, or active or passive. EXCEPT AS SET FORTH IN THE CONTRACT, THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SUBJECT MATTER OF THE CONTRACT. PAGE 117 ART ICLE XIV DISPUTE RESOLUTION Section 14.1 DISPUTE RESOLUTION. A dispute or controversy between or among any Party hereto regarding any matter relating to this Agreement shall be resolved in accordance with this Article except as otherwise provided in this Agreement. Section 14.2 NOTICE OF DISPUTE AND INITIAL MEETING. If a dispute or controversy arises regarding any matter relating to this Agreement, any Party may send a written notice to any other Party identifying the nature and underlying facts of the dispute. Within thirty ( 30) days of the date written notice is delivered, a meeting between the Parties shall be held to attempt in good faith to negotiate a resolution of the dispute or controversy. Section 14.3 MEDIATION. If the Parties have not succeeded in resolving the dispute or controversy at the initial meeting, or if the Parties have not held an initial meeting within thirty (30) days after the date of delivery of the written notice, the Parties may choose to proceed to mediation in accordance with this Paragraph. The Parties shall jointly appoint a mutually acceptable neutral person not affiliated with either Party (the “Mediator”) to conduct the mediation. The fees of the Mediator shall be shared equally by the Parties. If the Parties are unable to agree upon the selection of a Mediator within twenty (20) days after the initial meeting, or if no initial meeting was held, within fifty (50) days after the delivery of the written notice required by Section 14.2, the Parties shall either request that the Brown County Circuit Court shall select the Mediator or, in the alternative, proceed with other forms of dispute resolution. In consultation with the Parties, the Mediator will select or devise the mediation procedure to be held in Brown County, Wisconsin, by which the Parties will attempt to resolve the dispute or controversy. In consultation with the Parties, the Mediator will also select a date and time for the mediation and a date by which the mediation will be completed. The Parties shall participate in good faith in the mediation to its conclusion as designated by the Mediator. If the Parties are not successful in resolving the dispute or controversy through the mediation, then the Parties may agree in writing to resolve the dispute by binding arbitration or, if no written agreement to resort to binding arbitration is reached by the Parties, the dispute may be resolved by litigation or other appropriate means. Section 14.4 M EDIATION COSTS. Except as expressly provided herein, each Party shall bear its own costs associated with dispute resolution, including attorneys’ fees and litigation expenses, unless such fees and expenses are awarded to the prevailing Party by a court or other Governmental Authority. PAGE 118 ART ICLE XV NOTICES Section 15.1 REQUIREMENT FOR NOTICES. All notices or communications provided for herein shall be in writing and shall be delivered to the Parties either in person or by United States mail via registered mail, return receipt requested, postage prepaid, addressed to the principal office thereof. Any action hereunder to be taken by any Party hereto may be evidenced by copy of official proceedings (including pertinent minutes, motions, resolutions, or ordinances) duly certified by the Parties’ Clerk. Section 15.2 N OTICES DEEMED DELIVERED. Unless expressly provided otherwise herein, all notices and other communications in connection with this Agreement shall be in writing, and shall be deemed delivered to the addressee thereof when delivered in person at the address set forth below, or three business days after deposit thereof in any main or branch United States post office, overnight express delivery, or mailed by United States registered mail or certified mail, postage prepaid, properly addressed to the Parties, respectively, as follows: For notices and communications to Green Bay: City of Green Bay Office of Mayor 100 N. Jefferson Street Green Bay, WI 54301 And Green Bay Water Utility Attn: General Manager 631 So. Adams Street Green Bay, WI 54301 For notice and communications to Hobart: Village of Hobart Village President 2990 South Pine Tree Road Hobart, WI 54155 And PAGE 119 V illage of Hobart Village Administrator 2990 South Pine Tree Road Hobart, WI 54155 For notices and communications to Pulaski: Village of Pulaski Village President 585 E Glenbrook Dr Pulaski, Wisconsin 54162 And Village of Pulaski Village Clerk 585 E Glenbrook Dr Pulaski, Wisconsin 54162 Section 15.3 C HANGE OF ADDRESS. By notice complying with the foregoing requirements of this Section, each Party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address shall be effective until actually received. ARTICLE XVI REPRESENTATIONS AND WARRANTIES, OPINIONS, COOPERATION Section 16.1 REPRESENTATIONS AND WARRANTIES OF PULASKI. Pulaski represents and warrants: (a) That Pulaski is a political subdivision and body public and corporate of the State of Wisconsin and is fully authorized and empowered under the laws of the State of Wisconsin to enter into this Agreement and to perform its obligations hereunder, (b) That no consent, order, waiver or any other action by any person, board or body, public or private, is required as of the date of execution of this Agreement for Pulaski to enter into this Agreement and to perform its obligations hereunder, (c) That there is no action, suit or proceeding at law or in equity or by or before any Governmental Authority pending or threatened against or affecting Pulaski or the Pulaski Waterworks System w hich seeks to prohibit, restrain or enjoin Pulaski PAGE 120 f rom entering into or complying with its obligations contained in this Agreement, including payment obligations to the Green Bay Water Utility, and/or Hobart, or in any way affects or questions the validity or enforceability of this Agreement, or which would in any way materially adversely affect Pulaski ’s ability to carry out the transactions contemplated by and under this Agreement, (d) That this Agreement has been duly and validly authorized, executed and delivered by Pulaski and constitutes a legal, valid and binding obligation of Pulaski enforceable against it in accordance with its terms, and (e) That the execution and delivery of this Agreement and compliance by Pulaski with its terms will not conflict with, or constitute on the par t of Pulaski a breach of or a default under, any existing statute, law, governmental rule, regulation, decree, resolution, ordinance, charter or order, or any agreement, indenture, mortgage, lease or instrument to which Pulaski is subject or by which it is or its properties are or may be bound. Section 16.2 R EPRESENTATIONS AND WARRANTIES OF GREEN BAY. Green Bay represents and warrants: (a) That Green Bay is a political subdivision and municipal corporation of the State of Wisconsin and is fully authorized and empowered under the laws of the State of Wisconsin to enter into this Agreement and to perform its obligations hereunder, (b) That no consent, order, waiver or any other action by any person, board or body, public or private, is required as of the date of execution of this Agreement by Green Bay for Green Bay to enter into this Agreement and to perform its obligations hereunder, (c) That there is no action, suit or proceeding at law or in equity or by or before any Governmental Authority pending or threatened against or affecting Green Bay, the Green Bay Water Utility or the Green Bay Waterworks System which seeks to prohibit, restrain or enjoin Green Bay or the Green Bay Water Utility from entering into or complying with its obligations contained in this Agreement or in any way affects or questions the validity or enforceability of this Agreement, or in any way might materially adversely affect Green Bay’s ability to carry out the transactions contemplated by this Agreement, (d) That this Agreement has been duly and validly authorized, executed and delivered by Green Bay and constitutes a legal, valid and binding obligation of Green Bay and the Green Bay Water Utility enforceable against them in accordance with its terms, and PAGE 121 ( e) That the execution and delivery of this Agreement and compliance by Green Bay and the Green Bay Water Utility with its terms will not conflict with or constitute on the part of Green Bay or the Green Bay Water Utility a breach of or a default under any existing statute, law, governmental rule, regulation, decree, resolution, ordinance, charter or order, or any agreement, indenture, mortgage, lease or instrument to which Green Bay or the Green Bay Water Utility are subject or by which it is or its properties are or may be bound. (f) That the Green Bay Water Utility will only use the funds derived from the sale of water hereunder for water related operations within the Green Bay Waterworks System. Section 16.3 R EPRESENTATIONS AND WARRANTIES OF HOBART. Hobart represents and warrants: (a) That Hobart is a political subdivision and municipal corporation of the State of Wisconsin and is fully authorized and empowered under the laws of the State of Wisconsin to enter into this Agreement and to perform its obligations hereunder, (b) That no consent, order, waiver or any other action by any person, board or body, public or private, is required as of the date of execution of this Agreement by Hobart to enter into this Agreement and to perform its obligations hereunder, (c) That there is no action, suit or proceeding at law or in equity or by or before any Governmental Authority pending or threatened against or affecting Hobart or the Hobart Waterworks System which seeks to prohibit, restrain or enjoi n Hobart from entering into or complying with its obligations contained in this Agreement or in any way affects or questions the validity or enforceability of this Agreement, or in any way might materially adversely affect Hobart’s ability to carry out the transactions contemplated by this Agreement, (d) That this Agreement has been duly and validly authorized, executed and delivered by Hobart and constitutes a legal, valid and binding obligation of Hobart enforceable against them in accordance with its terms, and (e) That the execution and delivery of this Agreement and compliance by Hobart with its terms will not conflict with or constitute on the part of Hobart a breach of or a default under any existing statute, law, governmental rule, regulation, decree, resolution, ordinance, charter or order, or any agreement, indenture , mortgage, lease or instrument to which Hobart is subject or by which it is or its properties are or may be bound. Section 16.4 O PINIONS AS TO VALIDITY. Concurrent with the execution and delivery of this Agreement, each Party shall furnish the other Party with an opinion by an attorney or firm of attorneys stating that based upon such attorney’s knowledge and due PAGE 122 i nvestigation, such Party’s representations and warranties in Section 16.1, Section 16.2 or Section 16.3, as applicable, are true, correct and accurate as of the Effective Date hereof. Section 16.5 MUTUAL COOPERATION. The Parties agree that they are bound by the covenants of good faith and fair dealing and further agree to cooperate with each other and to diligently ensure the performance of their respective obligations under this Agreement. Unless expressly provided otherwise in this Agreement, where the Agreement requires the consent, approval, or similar action by a party, such consent, approval, or other similar action shall not be unreasonably withheld, conditioned, or delayed, and wherever the Agreement gives a party a right or obligation to determine, require, specify, or take similar action with respect to a matter, such determination, requirement, specification, or similar action shall be reasonable and timely. Section 16.6 C OOPERATION IN CONSTRUCTION. The Parties shall cooperate with each other in the construction of the facilities required to be constructed by the Parties hereto for the Green Bay Water Utility to provide wholesale water service to Pulaski in the manner contemplated hereunder. Pulaski shall, if necessary, grant without charge to the Green Bay Water Utility and Hobart any reasonably required construction easements and any easements necessary for portions of the Green Bay Waterworks System or the Hobart Waterworks System to be located on property of Pulaski or property over which Pulaski has access rights including that related to the Interconnection Facilities, provided that the Green Bay Water Utility and Hobart agrees to restore the easement property in a reasonable manner after construction and further provided that the Green Bay Water Utility and Hobart shall, as may apply, maintain the easement property necessary for portions of the Green Bay Waterworks System or the Hobart Waterworks System to be located with in the Pulaski corporate municipal boundary or for such property as Pulaski shall have easement or other access rights in connection with the operation of the Interconnection Facilities. Similarly, the Green Bay Water Utility and/or Hobart shall, if necessary, grant without charge to Pulaski any reasonably required construction easements and any easements necessary for portions of the Pulaski Waterworks System to be located on either Green Bay or Hobart property, provided Pulaski agrees to restore the easement property in a reasonable manner after construction further provided that the Green Bay Water Utility or Hobart shall maintain the easement property necessary for portions of the Pulaski Waterworks System to be located within the corporate municipal boundary of either Green Bay or Hobart. ART ICLE XVII GOVERNMENTAL AUTHORITY APPROVALS Section 17.1 PSC APPROVAL AND DECLARATION OF AGREEMENT AS REASONABLE AND PRUDENT. The performance of Green Bay, the Green Bay Water Utility and Hobart is contingent upon receiving PSC approval of this Agreement in the form of a declaratory PAGE 123 r uling and/or other appropriate PSC order, that this Agreement is reasonable, prudent and in the public interest. Such PSC approval shall include, among other approvals: (a) Approval of the rate to be charged by the Green Bay Water Utility to Pulaski as contemplated under Article VII for the term of this Agreement, (b) A declaration that the Green Bay Water Utility shall have no obligation to provide any service to Pulaski or to any other retail or wholesale customer of the Pulaski except as contemplated by this Agreement, (c) Approval of the Conveyance Charge to be charged by Hobart for the transmission and transportation of Potable Water from Green Bay to Pulaski through the Hobart Waterworks System. (d) Approval of all of the Parties’ rights, duties and obligations hereunder. (e) The acceptability of any such PSC approvals obtained shall be determined by Green Bay and Hobart in their respective sole discretions. Section 17.2 G OVERNMENTAL AUTHORITY APPROVALS FOR GREEN BAY. The Green Bay Water Utility shall apply to the PSC for certificates of authority for all Capital Projects listed on A TTACHMENT “A” as being required prior to the commencement of wholesale water service hereunder. The Green Bay Water Utility shall also apply for all other Governmental Authority approvals necessary prior to the commencement of service hereunder. The Green Bay Water Utility shall use its best efforts to file such applications as soon as practicable. Hobart and Pulaski shall be allowed to review and comment on such applications before they are submitted and will support the applications as reasonably necessary. Section 17.3 G OVERNMENTAL AUTHORITY APPROVALS FOR HOBART. Hobart shall apply to the PSC for certificates of authority or other approvals necessary to permit use of the Hobart Waterworks System for the transmission and transport of Potable Water from Green Bay to Pulaski as contemplated by this Agreement and for the approval of a Conveyance Charge as provided in Section 7.5 hereof. Hobart shall use its best efforts to file such applications as soon as practicable. The Green Bay Water Utility and Pulaski shall be allowed to review and comment on such applications before they are submitted and will support the applications as reasonably necessary. Section 17.4 G OVERNMENTAL AUTHORITY APPROVALS FOR PULASKI. Pulaski shall apply to the PSC for certificates of authority for the construction of any facilities or improvements to the Pulaski Waterworks System required prior to the commencement of wholesale water service hereunder. Pulaski shall also apply for and obtain all other Governmental Authority approvals necessary prior to the commencement of service hereunder. Pulaski shall use its best efforts to file such applications as soon as practicable. The Green Bay Water Utility and Hobart shall be allowed to review and comment on such PAGE 124 ap plications before they are submitted and will support the applications as reasonably necessary. Section 17.5 L ATER GOVERNMENTAL AUTHORITY APPROVALS. After the Green Bay Water Utility has commenced providing wholesale water service hereunder, the Parties hereto shall, from time to time when necessary, seek all other Governmental Authority approvals necessary for the continued satisfaction of their respective obligations arising hereunder. Each Party shall be allowed to review and comment on the other Party’s applications before they are submitted and will support the other Party’s applications as reasonably necessary. ARTICLE XVIII EFFECTIVE DATE; TERM OF CONTRACT; TERMINATION Section 18.1 EFFECTIVE DATE. This Agreement shall become effective on the day and year first written above (the “Effective Date”). The obligation of Green Bay and the Green Bay Water Utility to deliver Potable Water under this Agreement and of Hobart to transport and transmit Potable Water hereunder, however, shall not begin until the date established under Section 8.1. Section 18.2 TERM OF CONTRACT. The term of this Agreement shall run from the Effective Date to 11:59:59 p.m. on December 31, 2045, at which time this Agreement shall automatically renew in accordance with Section 18.3; provided, however, that this Agreement shall terminate on or upon the earliest of any of the following dates or events: (a) Upon three (3) months written notice provided by either Green B ay or Hobart to Pulaski in the event that Pulaski at any time fails to fully satisfy its obligations under Sections 6.1, 6.2, 6.3, 6.4, 6.5, 8.2, 11.1, 11.3, 11.5, 11.7 and/or 11.8; provided, however, that such termination shall not modify any obligations of the Parties arising prior to such termination, including, without limitation, those obligations set forth in Sections 6.1 through 6.4, 8.2 and 11.4, and further provided that if Pulaski cures all such defaults with thirty (30) days of receiving such written notice from Green Bay or Hobart, then such written notice shall be considered withdrawn and the Agreement shall remain in full force and effect. (b) Upon three (3) years written notice provided by Green Bay or Hobart to Pulaski in the event that the PSC takes any action inconsistent with the PSC approvals and rulings obtained by the Parties as contemplated under Article XVII ; provided, however, that such termination shall not modify any obligations of the Parties arising prior to such termination, including, without limitation, those obligations arising under Sections 6.1 through 6.4, 8.2 and 11.4. PAGE 125 S ection 18.3 A UTOMATIC RENEWAL OF TERM. Unless terminated earlier as otherwise contemplated herein, beginning January 1, 2046 this Agreement shall automatically renew on an annual basis and the provision of service to Pulaski hereunder by Green Bay and Hobart shall remain subject to all applicable terms and conditions herein, including, without limitation, Section 7.5, unless, on or before March 31 of any Fiscal Year, Pulaski informs Green Bay and Hobart i n writing that it wishes to terminate the Agreement effective as of 11:59 p.m. on December 31 of such Fiscal Year. In the event of such termination notice, the Parties agree to make all necessary filings with the PSC in order to effectuate such Agreement termination on a mutually satisfactory basis. ARTICLE XIX MISCELLANEOUS PROVISIONS Section 19.1 GOVERNING LAW AND VENUE. This Agreement and the rights of the Parties hereunder shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. All actions involving breach of this Agreement shall be venued in Brown County, Wisconsin. Section 19.2 R EGULATORY BODIES. The Parties through this Agreement seek to exercise and maintain all rights granted to them under and through the Constitution and laws of the State of Wisconsin. This Agreement shall be subject to all valid rules, regulations, and laws applicable hereto passed or promulgated by the United States of America, the State of Wisconsin, or any Governmental Authority having lawful jurisdiction; provided, however, that this clause shall not be construed as waiving the right of either Party to challenge the validity of such rule, regulation, or law on any basis, including the impairment of this Agreement. Section 19.3 C OMPLIANCE WITH LAWS AND ORDERS. In the event that any state or federal law or regulation, or any order issued by a Governmental Authority, prohibits one or both of the Parties from honoring any provision of this Agreement, or any part thereof, the Parties shall promptly meet to discuss how they might satisfy the intent of this Agreement by alternative means. If, under such circumstances and after good faith negotiations, the Parties are unable to reach a mutually acceptable written agreement to satisfy the intent of the Agreement, then this Agreement shall be null and void and of no further legal effect. Section 19.4 L ACK OF SEVERABILITY IN ABSENCE OF WRITTEN AMENDMENT. In the event that any provision of this Agreement, or any part thereof, is held by a court of competent jurisdiction or determined by the PSC or any other Governmental Authority to be invalid, ineffective or unenforceable, and in the reasonable opinion of either Party such event invalidates the purpose or intent of this Agreement, then the balance of this Agreement shall survive only to the extent that the Parties agree, in writing, to a mutually - satisfactory amendment by which they are able to satisfy t he intent of this Agreement by PAGE 126 a lternative means. If, under such circumstances and after good faith negotiations, the Parties are unable to reach such a mutually acceptable written amendment to satisfy the intent of the Agreement, then this Agreement shall be null and void and of no further legal effect. Section 19.5 CHANGES IN LAWS. Unless otherwise explicitly provided in this Agreement, any reference to laws, ordinances, rules, or regulations shall include such laws, ordinances, rules, or regulations as they may be amended or modified from time -to-time hereafter. Section 19.6 E NTIRE AGREEMENT. This Agreement, including the Attachments hereto, contains the entire agreement between the Parties with respect to the transactions contemplated by this Agreement and matters related thereto, and does hereby supersede and render null and void and of no further force or effect any and all prior agreements, drafts of agreements and understandings between the Parties. Section 19.7 A CCOUNTING AND AUDIT. The Parties shall have the right throughout the term of this Agreement, upon reasonable prior notice, to audit the other Party’s books and records to the limited extent necessary to verify the basis for any claim by either of the Parties for payments hereunder or to determine the other Party’s compliance with the terms of this Agreement. The audited Party shall make such records available at its office during normal business hours and the auditing Party shall reimburse the other Party for reasonable costs incurred by the audited Party by the audit, as supported by appropriate documentation. Section 19.8 I NTERPRETATION. This Agreement shall be interpreted as though jointly drafted by the Parties. Section 19.9 H EADINGS. The headings, titles or captions contained in this Agreement have been inserted only as a matter of convenience and for reference, and such captions in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision hereof. Section 19.10 A TTACHMENTS The Attachment attached hereto is , by this reference, incorporated herein. In case of any conflict between an Attachment to the Agreement and the text of this Agreement, the text of this Agreement shall control. Section 19.11 N O THIRD-PARTY BENEFICIARIES. Except as otherwise explicitly provided by this Agreement, this Agreement does not create any third-party benefits to any person or entity other than the Parties and is solely for the consideration herein expressed. Section 19.12 SUCCESSORS. This Agreement shall benefit and be binding upon the Parties’ successors and permitted assigns. Section 19.13 FURTHER ACTION. Each of the Parties agrees from time to time to execute and deliver such further instruments, and to take such further action not PAGE 127 i nconsistent with the provision of this Agreement, as may reasonably be necessary in order to fully perform and carry out the terms and intent of the Agreement. Section 19.14 AMENDMENTS. This Agreement may not be modified or amended except by a written instrument executed by the Parties hereto. Section 19.15 TIME IS OF THE ESSENCE. Time is of the essence in the performance of all terms and provisions of this Agreement. Section 19.16 EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same Agreement. IN WITNESS WHEREOF , the parties hereto have by their duly authorized officers and representatives set their hands and affixed their seals on the date set forth below. Dated: ___________________ CITY OF GREEN BAY By:_________________________________ Eric Genrich , Mayor Attest: By:__________________________________ Celestine Jeffreys, Clerk Dated: ____________________ G REEN BAY WATER COMMISSION By:________________________________ John C. Heug el President Attest: By:__________________________________ Tom Karman, Secretary-Treasurer PAGE 128 D ated: ____________________ VILLAGE OF HOBART By:__________________________________ Richard Heidel, Village President Attest: By:__________________________________ Lisa Vanden Heuvel, Clerk Dated: _____________________ VILLAGE OF PULASKI By:__________________________________ Keith Chambers, Village President Attest: By:__________________________________ Jessica Giese, Deputy Clerk PAGE 129 CITY OF GREEN BAY, VILLAGES OF HOBART AND PULASKI WHOLESALE WATER SERVICE AGREEMENT ATTACHMENT "A" CAPITAL PROJECTS YEAR 2025 : Projected cost of design and construction of a booster station; pressure control station; 8.25 miles of 20- inch transmission main; and associated chlorination equipment, meters, pumps, and valves: $15,373,913.00 (estimated). This cost is projected to cover all infrastructure; including but not limited to the two stations, treatment applications, construction of a 20- inch transmission main between the Hobart / Pulaski Point of Delivery and the Pulaski Point of Delivery, and all related fittings, valves, and engineering. AID IN CONSTRUCTION Green Bay Water Utility shall contribute the sum of $1,330,000.00 to the Village of Pulaski as a non-repayable grant, when, after the award of construction, Pulaski has issued the notice to proceed. These funds will be used by Pulaski for capital expenses associated with this Project. POINTS OF DELIVERY 1. GREEN BAY / HOBART: 12 -inch water main on Hillcrest Drive at the center of Duck Creek. 2. HOBART / PULASKI: Intersection of North Overland Road and Centerline Drive in Hobart. 3. PULASKI: Intersection of County "B" and Corporate Way in Pulaski. MINIMUM DAY WATER DEMAND (PULASKI) : Equal to an average daily use per calendar year of Three Hundred Thousand (300,000) Gallons Per Day. MAXIMUM DAY WATER DEMAND (PULASKI): One Million Seventy Five Thousand (1,075,000) Gallons. INITIAL VOLUME RATE : Wholesale Water Service shall be furnished to Pulaski by the Green Bay Water Utility at the initial volume rate of $2. 98 per thousand gallons, subject to any intervening PSC rate increases. PAGE 130 H OBART WATER CONVEYANCE CHARGE The initial fee to be charged to Pulaski by Hobart for the transmission of potable water from the Green Bay Water Utility to Pulaski through the Hobart Waterworks System as a Water Conveyance Charge shall be at the initial volume rate of $0.50 per thousand gallons. PAGE 131 This contract is for the installation of Outdoor Lighting entered into on (Contract Date) between (Customer) and Wisconsin Public Service Corporation (WPSC). The Customer desires WPSC to the outdoor lighting system. Site Address/Description/Location: in the of , County of , State of . This lighting system is comprised of under a LS-1 rate schedule on pole number(s) . Now in consideration of the mutual promises herein contained, the parties hereto agree as follows: The customer agrees to comply with all terms and conditions as stated on page 2 of this contract, including the commencement date of Minimum Charges and all appropriate WPSC tariffs on file with the PSCW. The Customer will pay WPSC on a monthly basis for the outdoor lighting service according to the following: 1. Monthly Fixture Charges Sub-Total Monthly Bill 2. Monthly Non-Standard Charges Sub-Total Monthly Non-Standard Charges Total Monthly Bill 3. Advance Payment - Special Facilities, Non-Refundable WR/Revisions: IFRIS Project: Database: DesignData Monthly Rate WI 7/28/2025 VILLAGE OF HOBART Quantity Monthly Rate WISCONSIN PUBLIC SERVICE CORPORATION-WI CONTRACT FOR OUTDOOR LIGHTING SERVICE 2 7,391.03$ Property Owner / Authorized Representative Signature -$ 36.92$ Advance Payment BROWNHOBART 2 LED Lamps own, install and maintain Class D - LED Med Output Roadway VILLAGE 2319 25W142 & 2319 25W141 Mast Arm > 6' Wood Pole Span 36.92$ Quantity Property Owner / Authorized Representative Mailing Address 2990 S PINE TREE RD HOBART, WI 54155-9041 21800071EC VILLAGE OF HOBART3462820-1 Total Advance Payment WPSC Signature ENCLAVE ESTATES-STREET LIGHTING 36.92$ Monthly Billing Monthly Billing 18.46$ Revised Date 3/19/14 Page 1 of 2 PAGE 132 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. In no event shall the Customer place any decorative element on the pole without the prior written approval of WPSC. Such approval will be under the terms of the Pole Attachment Policy and Procedure in effect at the time of such request. A copy of the Pole Attachment Policy will be furnished by WPSC to the Customer upon request. Upon written request and at the expense of the Customer, WPSC will relocate any pole and/or change the position of any lamp. In no event, except for a breach by the Customer of section 11 above, shall either party be responsible to the other for any consequential, incidental, special or punitive damages whatsoever, whether arising from breach of warranty or other breach of contract, negligence or other tort, or any other theory of law. In a case of a breach by the Customer of section 11 above, the Customer shall be liable for consequential, incidental, special and punitive damages. The Customer agrees to provide WPSC, or its authorized contractor, the location within 18", of all underground facilities such as those for the transmission of electricity, water, cable TV, sewer, telephone, gas or fuel which are owned by the Customer on the premises, and which may be encountered by WPSC or its authorized contractor during the proposed installation of the facilities. If the Customer is unable to locate any underground facility, or fails to provide the location of any underground facility, or if the underground facility in question is encountered more than 18" from the location identified by the Customer, the Customer shall defend, indemnify, and hold WPSC harmless, as well as its agents, employees, assigns, affiliates, officers, administrators, predecessors, successors, subsidiaries, members and managers from and against any claim, action, proceeding, liability, loss, damage, cost or expense including, without limitations, attorneys' fees, arising out of or in connection with the Customer's use of services. WPSC does not guarantee this installation meets AASHTO or the Illuminating Engineering Society’s minimum recommended standards for lighting. The Customer and WPSC hereby agree to abide by and be subject to the rules, regulations, and schedules of WPSC as filed with and approved by the Wisconsin Public Service Commission from time to time, as well as the rules and regulations of the Wisconsin Administrative Code. This contract shall be governed by and construed in accordance with the internal laws of the State of Wisconsin and/or Michigan. In the event of a conflict between this Contract and WPSC's approved tariffs, the tariffs shall prevail. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provision of the Contract. Any lawn restoration or surface repair on private property, as a result of this installation, shall be the Customer's responsibility. The payment calculation of this Contract is subject to change if the Customer causes a construction delay, there is a change in scope, or actions by governmental authorities cause a calculation change. Any change shall be reviewed with the Customer prior to construction and a new Contract shall be executed. Adjustment of customer requirements (refunds or additional payment) to reflect actual investment for changes in the size or number of units installed, major rock, or frost removal, and similar items affecting the scope of the project, shall be made if the adjustment is greater than $20. This adjustment, if applicable, will normally occur within six months of completion of construction. Any changes shall be reviewed with the Customer. As a condition of receiving service, the Customer agrees to grant WPSC, at no cost, an easement for the necessary construction, operation, and maintenance of any portion of the extension necessary to serve the Customer. ADDITIONAL TERMS AND CONDITIONS The Customer, irrespective of subsequent change of ownership, shall provide at no expense to WPSC, soil graded within six inches of the finished grade prior to installation of facilities. Survey stakes indicating property lines shall be installed by the Customer at no expense to WPSC prior to installation of facilities. WPSC shall be notified in advance of any change in grade levels. Any and all costs incurred as a result of such grade changes shall be at the expense of the Customer. This Contract is not effective until signed by both WPSC and the Customer. If the Customer fails to return the Contract to WPSC within sixty days of the WPSC signature date or contract date, the Contract is null and void. The minimum term of this contract is 3 years beginning with the first billing. It may be terminated by either party at the expiration date and at any time thereafter by giving ninety days written notice. Termination or change requests after installation and prior to conclusion of the lighting agreement term will result in customer charges. All the terms and conditions of the Contract shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. If the Customer leases, sells, or otherwise disposes of the property herein described, he shall complete the payments according to this Contract unless he shall have secured an assumption of his remaining obligations under this Contract, satisfactory to and approved by WPSC. In the event that WPSC decides to use any of the poles and spans for some purpose other than outdoor lighting service, the monthly charges for those poles and spans shall cease during the period that they are used for other purposes. The Customer agrees, when possible, to report promptly to WPSC the failure of any lamp to burn or any dangerous equipment, and the location thereof, to the end that such lamp and/or equipment may be inspected and the trouble therewith remedied. No credit will be allowed for outages. Whether stated or not, a special facilities charge will be applied during Winter Construction period, as stated in WPSC's approved tariffs. Revised Date 3/19/14 Page 2 of 2 PAGE 133 Wisconsin Public Service DISTRIBUTION FACILITIES INSTALLATION AGREEMENT District: 10 This contract is for the installation of Electric and Gas facilities entered into on July 28, 2025 (Contract Date) between VILLAGE OF HOBART (Customer) and Wisconsin Public Service Corporation (WPSC). Site Address / Description / Location : ENCLAVE ESTATES in the VILLAGE OF HOBART, County of BROWN, State of WI. WPSC agrees to install facilities and provide service in accordance with all appropriate regulations and tariffs as filed with the Public Service Commission of Wisconsin (PSCW) and /or Michigan Public Service Commission (MPSC). WPSC furthermore agrees to render service to the Customer at such point on the premise as has been mutually determined and agreed upon. The Customer agrees to comply with all terms and conditions as stated on Page 2 of this contract, including the commencement date of Minimum Charges, and all appropriate WPSC tariffs on file with PSCW and /or MPSC. Type of Electric Service: -Electric- -Gas- Standard System Facility Costs (Refundable) $22,621.27 $14,700.37 Allowances $0.00 $0.00 Special System Facilities Costs (Refundable) $0.00 $0.00 Refundable Sub Total $22,621.27 $14,700.37 Special Facilities Costs Non Refundable: System $933.65 $0.00 Service* $0.00 Temporary Service $0.00 Non Refundable Sub Total $933.65 $0.00 Electric and Gas Total: $23,554.92 $14,700.37 Total Cost $38,255.29 *This agreement does does not include the cost of the service(s) to the meter. When it does not, additional charges may be forthcoming. Area Expansion Program: This extension was installed under the Company’s Area Expansion Program (AEP) Tariff. The AEP charge is calculated using an economic model approved by the PSCW and is based on an estimated 5 year conversion rate. If the estimated number of conversions is not obtained, AEP surcharges may extend past the projected end date until sufficient AEP contributions are collected. Applicable AEP information for this extension is: The AEP charge is N/A per month. Allowances and refunds are determined by WPSC’s extension rule policies that have been approved by the PSCW and /or MPSC. These rules are subject to change pending approval by the PSCW or MPSC. A 5 year development period will begin from the date this facility/project is energized for the electric facility and pressurized for gas facility. Applicable refunds will be made during this time period. Refund amounts shall equal the allowance applicable to customer additions based on the current extension allowance or the allowances in effect when the addition occurs, whichever is greater, less the added investment in distribution system facilities required. After the development period, the Customer agrees to reimburse WPSC for all allowances received on this contract that did not result in customers taking service by the expiration of the development period. A tabulation of said allowance(s) is as follows: Customer Name / Lot # Address / Plat Ext. Allowance Amount Applicable refunds will be made to: Contracting Developer Property Owner Other I have read, understand and agree to the terms and conditions of this contract Customer Signature: ____________________________ Date: ______________ Mailing Address: 3769 N OVERLAND RD HOBART, WI 54155 WPSC Signature: ______________________________ Date: ______________ Work Request/Revision: 3455522-1 Account# 0402053329-00136 Energized Date CIS Field Order Id 465631755 PAGE 134 Page 2 of 2 ADDITIONAL TERMS AND CONDITIONS 1. This Contract is effective once signed by both the Company and the Customer within sixty days of the contract date. If the customer returns the Contract to the Company after the sixty days, the contract will be null and void at the sole discretion of the company, if there are changes in costs and/or conditions. 2. The payment calculation of this Contract is subject to change if the Customer causes a construction delay, there is change in scope, or actions by governmental authorities cause a calculation change. Any change shall be reviewed with the Customer prior to construction and a new Contract shall be executed. Adjustment of customer payment requirements (refunds or additional payment) to reflect actual changes in the size or number of units installed, major rock or frost removal, and similar items affecting the scope of the project, shall be made if adjustment is greater than $20. This adjustment, if applicable, will normally occur within six months of completion of construction. Any changes will be rev iewed with the Customer. 3. As a condition of receiving service, the Customer agrees to grant the Company, at no cost, an easement for the necessary construction, operation, and maintenance including tree trimming of any portion of the extension necessary to serve the Customer. 4. The Customer further understands that their structure must comply with the applicable PSCW / MPSC Conservation Code and any other applicable codes and that any noncompliance in future inspections by the Company may be grounds for disconnection of service. 5. If the service to the Customer is part of a project designed to serve several customers from one extension, it is understood that this Contract will be binding on the parties hereto only when and if the Company secures sufficient contracts to warrant, in Company’s sole discretion, the construction of the project. 6. All the terms and conditions of this Contract shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. If the Customer leases, sells, or otherwise disposes of the property herein described, he shall complete the payments according to this Contract unless he shall have secured an assumption of his remaining obligations under this Contract, satisfactory to an d approved by the Company. 7. Whether stated or not, a special facilities charge will be applied during the Winter Construction period, as stated in the Company’s approved tariffs. 8. Any lawn restoration or surface repair on private property, as a result of this installation, shall be the Customer’s responsibility. 9. The Customer, irrespective of subsequent change of ownership, shall provide at no expense to the Company, soil graded within six inches of the finished grade prior to installation of facilities. Survey stakes indicating property lines shall be installed by the Cu stomer at no expense to the Company prior to installation of facilities. The Company shall be notified in advance of any change in grade levels. Any and all costs incurred as a result of such grade changes shall be at the expense of the Customer. 10. The Customer agrees to provide the Company, or its authorized contractor, the location, within 18”, of all underground facilities such as those for the transmission of electricity, water, cable TV, sewer, telephone, gas or fuel which are owned by the Customer on the premises, and which may be encountered by the Company or its authorized contractor during the proposed installation of the facilities. If the Customer is unable to locate an underground facility, or fails to provide the location of any underground fa cility, or if the underground facility in question is encountered more than 18” from the location identified by the Customer, the Customer shall defend, indemnify, and hold the Company harmless as well as its agents, employees, assigns, affiliates, officers, administrators, predecessors, successors, subsidiaries, members and managers from and against any claim, action, proceeding, liability, loss, damage, cost or expense including, without limitation attorneys’ fees, arising out of or in connection with the Customer’s use of service. 11. In no event shall the Customer place any decorative element on the pole without the prior written approval of the Company. Such approval will be under the terms of the Pole Attachment Policy and Procedure in effect at the time of such request. A copy of the Pole Attachment Policy will be furnished by the Company to the Customer upon request. 12. In no event, except for a breach by the Customer of section 11 above, shall either party be responsible to the other for any consequential, incidental, special or punitive damages whatsoever, whether arising from breach of warranty or other breach of contract, negligence or other tort, or any other theory of law. In a case of a breach by the Customer of section 11 above, the Customer s hall be liable for consequential, incidental, special and punitive damages. 13. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provision of the Contract. 14. This Contract shall be governed by and construed in accordance with the internal laws of the State of Wisconsin and/or Michigan. 15. The Customer and the Company hereby agree to abide by and be subject to the rules, regulations, and schedules of the Company as filed with and approved by the PSCW and/or MPSC from time to time, as well as the rules and regulations of the Wisconsin Administrative Code and the rules and guidelines of the State of Michigan. 16. In the event of a conflict between this Contract and the Company’s approved tariffs, the tariffs shall prevail. 17. Beginning the date the gas meter serving the Customer is installed, or 180 days after the gas service line serving the Customer is installed, whichever is earlier, the Customer will be billed the applicable Minimum Charge and AEP Charge (if any) associated with the rate schedule the Customer is expected to take service under, regardless if the Customer is actually using gas or t aking gas service. The determination of the rate schedule the Customer is expected to take service under shall be in Company’s sole discretion. PAGE 135 PAGE 136 MEMORANDUM TO: Village Board FROM: Aaron Kramer, Village Administrator RE: Intergovernmental Agreement – Land Exchange with Brown County DATE: August 5th 2025 BACKGROUND In 2004, the Village and Green Bay Austin Straubel International Airport entered into discussions to vacate a portion of W. Adam Dr. and Lonesome Road (all being within the Airport Property and the Airport being the sole landowner of all of the contiguous land surrounding the potential land being vacated. A resolution to vacate the roads was drafted, but existing records show that the public hearing was delayed, and the resolution was never acted upon. TIMETABLE OF 2004 ACTION • The Airport did file a Notice of Intent on April 16th 2004 to “to petition the Village of Hobart to vacate Lonesome Road and part of West Adam Drive…The Brown County Airport is the sole land owner of all of the contiguous land surrounding said Lonesome Road and West Adam Drive.” According to Robert E. Lee, the Notice of Intent does not constitute an actual vacation and “(b)ased on land records, records at the register of deeds, and anything else we have access to, there is no evidence that the vacation actually took place.” (See attached Notice of Intent) • April 20th 2004 Village Board meeting: Mr. T. Miller, Director of the Austin Straubel Airport presented a request to vacate Lonesome Rd and portion of W. Adam Dr. Motion to set hearing for May 18, 2004 at 5:45 and to have a report from Public Works on the turnaround that was to have been completed at that site by Dave Dillenburg, second by John VanLanen. Motion Carried, none opposed. • May 18th 2004 Public Hearing: Public Hearing called to order at 5:50 p.m. by Dave Dillenburg. Attendance: Dave Dillenburg, John VanLanen, Tim Carpenter, Mark LeMere. Rich Heidel is excused. Thomas W. Miller from Brown County Austin Straubel Airport was present to discuss the vacation request of dedicated right of way of a portion of W. Adam Dr. and Lonesome road all being within the Airport Property, the Airport being the sole landowner of all of the contiguous land surrounding said Lonesome Road and W. Adam Drive. Mr. Miller displayed a map designating the area to be vacated that the public does not have access to at this point. Mr. Miller stated that the Village would create the document t o vacate the roads, and the Airport would be responsible to record the document. There was no opposition. Hearing closed at 5:58 p.m. NOTE: Resolution 2004-04 (RESOLUTION TO DISCONTINUE LONESOME ROAD AND A PORTION OF W. ADAM DRIVE LOCATED WITHIN THE BOUNDARIES OF THE BROWN COUNTY AIRPORT PROPERTY) was drafted, but no action was taken. • May 18th 2004 Village Board meeting: Motion by John VanLanen, second by Mark LeMere to table the action from the public hearing to vacate Lonesome Rd and a portion of W Adam Dr to the June 15, 2004 meeting. All in favor. None opposed. Motion carried. PAGE 137 • J une 15th 2004 Board meeting: Motion to table the decision to vacate Lonesome Rd and portion of W. Adam Dr. located within the boundaries of Brown County Austin Straubel Airport until further information can be obtained from Co. Exec. C. Kelso by Dave Dillenburg, second by John VanLanen; Motion Carried, none opposed. At this point, there are no records of any more action being taken on the requested vacation. In 2020, the Village and the Airport re -entered into discussions relative to the possible vacation of the two roads, as part of a larger “swap” of land. The agreement before you this evening is the result of those discussions and negotiations. SUMMARY OF AGREEMENT 1) Under the terms of the agreement, the Village will proceed with the vacation of a portion of West Adam Drive and Lonesome Road. PAGE 138 2 ) The Airport (Brown County) will transfer to the Village two parcels (HB-68-4 and HB 68-2) once the aforementioned vacations are completed. These two parcels (2.69 acres) are located immediately south of the Village Office on Golden Lane. 3) In addition, the Village will not contest the possible future vacation of Cyrus Road, under the terms of the Agreement: “Brown County may, in its sole discretion, demand that Hobart convey to Brown County the Cyrus Road Parcel. The parties acknowledge that such demand may occur at any time following the date of this Agreement and the parties do not intend to establish a time limit or restriction for the demand to be made and, in this respect, such demand right shall be ongoing.” NOTE: There are no plans at this time to proceed with the vacation of Cyrus Road. RECOMMENDED ACTION To approve the Intergovernmental Agreement Land Exchange with Brown County and proceed with all terms and conditions as prescribed in said Agreement. PAGE 139 1 INTERGOVERNMENTAL AGREEMENT LAND EXCHANGE AGREEMENT MADE this ______ day of __________________, 20___, by and between Brown County (“Brown County”), a Wisconsin municipal corporation, and the Village of Hobart (“Hobart”) a Wisconsin municipal corporation, WITNESSETH: WHEREAS, Brown County is the owner and operator of Green Bay Austin Straubel International Airport (“Airport”), and a portion of the Airport is located in Hobart, and WHEREAS, the property owned by Brown County and being a part of what is sometimes referred to as “Airport Property,” includes Tax Parcels Numbers HB-68-4 and HB-68-2, the same being more particularly described in Exhibit A which is attached hereto and made a part hereof, the same being referred to herein as the “Airport Parcels,” and WHEREAS, Hobart is the owner of public roads located within the Village, to-wit: • Lonesome Road and a part of West Adam Drive (the “Lonesome/West Adam Parcel”), the same being more particularly described in Exhibit B which is attached hereto and made a part hereof, and • A part of Cyrus Road (the “Cyrus Road Parcel”), the same being more particularly described in Exhibit C, which is attached hereto and made a part hereof. WHEREAS, Brown County is the sole owner of all the land adjoining/abutting the Lonesome/West Adam Parcel and the Cyrus Road Parcel, and WHEREAS, the parties desire to exchange their respective parcels on the terms and conditions set forth below, NOW, THEREFORE, for good and valuable consideration including the mutual covenants and agreements set forth herein, the parties agree as follows: 1. RECITALS. The foregoing recitals are incorporated herein at length. 2. VACATION/DISCONTINUE. Upon execution of this Agreement, Hobart shall proceed to vacate/discontinue the roadways on/in the Lonesome/West Adam Parcel and upon completion of the vacating/discontinuation process, Hobart shall notify Brown County in writing and thereafter, a Closing shall be held not less than thirty (30) nor more than sixty (60) days following such notice. The parties shall agree on a specific date, time, and place for the closing and if they cannot agree, then Closing shall be held at the Administrative Offices at the Airport at 10:00 A.M. on the 45 th day following the aforesaid notice. 3. CLOSING/EXCHANGE. At the Closing, Brown County, by Quit Claim Deed, shall convey the Airport Parcels to Hobart and Hobart shall (notwithstanding § 66.1005(1), Wis. PAGE 140 2 Stats.) by Quit Claim Deed, convey the Lonesome/West Adam Parcel to Brown County; this conveyance to Brown County being in addition to and not lieu of the provisions of § 66.1005(1), Wis. Stats. The Quit Claim Deed by Brown County to Hobart shall have attached thereto (and the same shall be a part thereof) the restrictions, conditions, easements, and covenants set forth in Exhibit D which is attached hereto and made a part hereof. 4. CYRUS ROAD PARCEL - VACATING AND CONVEYANCE. Brown County may, in its sole discretion, demand that Hobart convey to Brown County the Cyrus Road Parcel. The parties acknowledge that such demand may occur at any time following the date of this Agreement and the parties do not intend to establish a time limit or restriction for the demand to be made and, in this respect, such demand right shall be ongoing. If Brown County elects to exercise the demand, the following shall apply: ( a ) Demand. Brown County shall send written notice to Hobart advising that Brown County is exercising its right to demand that Hobart convey the Cyrus Road Parcel to Brown County (the “Demand Notice”). ( b ) Vacating/Discontinuation. Upon receipt of the Demand Notice, Hobart shall forthwith commence proceedings to vacate/discontinue the road located on/in the Cyrus Road Parcel and shall diligently and timely proceed with such process, such process to be completed no later than one hundred eighty (180) days following the Demand Notice. ( c ) Notice of Completion. Upon completion of the vacating/discontinuation process, Hobart shall, in writing, notify Brown County (the “Notice of Completion”). ( d ) Closing. Within thirty (30) days following the Notice of Completion, the conveyance of the Cyrus Road Parcel shall Close; at Closing, Hobart shall (notwithstanding § 66.1005(1), Wis. Stats.), by Quit Claim Deed, convey the Cyrus Road Parcel to Brown County; this conveyance to Brown County being in addition to and not in lieu of § 66.1005(1), Wis., Stats. 5. NON-WAIVER. By entering into this Agreement, Brown County dos not waive, but specifically retains, all of its rights under § 114.12, Wis. Stats. 6. NOTICES. Notices to Brown County or Hobart provided for in this Agreement shall be hand-delivered or sent by certified mail, postage prepaid, addressed to: BROWN COUNTY: HOBART: Airport Director Village of Hobart Austin Straubel International Airport ATTN: Village President 2077 Airport Drive, Suite 18 2990 S. Pine Tree Rd. Green Bay WI 54313 Oneida WI 54155 PAGE 141 3 7. MISCELLANEOUS. ( a ) Expenses. In the event that any legal action is filed arising out of, or relating to this Agreement, the prevailing party shall be liable to the other party for all costs and expenses incurred by the prevailing party including reasonable attorney fees. ( b ) Paragraph Headings. The headings in this document are for the purpose of convenience and ease of reference only and shall not be construed to limit or otherwise affect the meaning of any part of this Agreement. ( c ) Applicable Law. Any and all actions or proceedings seeking to enforce any portion of, or based upon any right arising out of, this Agreement shall be brought against the party in the Circuit Court of Brown County, State of Wisconsin (sitting in Green Bay, Wisconsin) and each of the parties to any such action consents to exclusive jurisdiction of such Court (and the appropriate Appellate Courts therefrom) in any such account or proceeding and waives any objection to venue laid therein. This Agreement shall be subject to and interpreted and applied in accordance with the laws of the State of Wisconsin. ( d ) Waiver. The failure of a party to take action with respect to any breach by the other party of any covenant, condition, or obligation in this Agreement shall not be a waiver of such covenant, condition, or obligation or subsequent breach of the same or any other covenant, condition, obligation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper Officers effective as of the day and year first-above written. BROWN COUNTY Dated:_____________________ By:_______________________________________ Marty Piette, A.A.E., Airport Director VILLAGE OF HOBART Dated:_____________________ By:_______________________________________ , Village President ATTEST: Dated:_____________________ By:________________________________________ , Village Clerk This instrument drafted by: Attorney Gary A. Wickert PAGE 142 PAGE 143 PAGE 144 PAGE 145 1 EXHIBIT D RESTRICTIONS, EASEMENTS, COVENANTS, AND CONDITIONS The property conveyed by the Quit Claim Deed to which these Restrictions, Easements, Covenants, and Conditions are attached is subject to the following, each such restriction, easement, covenant, and condition running with the land and shall be binding upon and enforceable against the Grantee and any and all persons or parties acquiring or holding any right, title, or interest in the property conveyed, their heirs, personal representatives, successors, or assigns. In the event of violation, breach, or non-compliance with any of the restrictions, easements, covenants, and conditions hereof, in addition to all other remedies to which Grantor may be entitled, in law or in equity, title to the property herein conveyed and all improvements thereon, whether currently existing or subsequently constructed, shall revert to Brown County. Prior to exercising this right to reversion, Brown County shall give written notice to the then record titleholder advising as to the nature of the violation, breach or noncompliance and the then record titleholder shall have 60 days from the date of such notice to cure such violation, breach or noncompliance and in the event the then record titleholder fails to cure within said 60 days, the property herein conveyed and all then improvements thereon shall revert to Brown County. The property conveyed by the Quit Claim Deed may be referred to herein as “the Property,” “the Premises,” or “the Subject Real Estate.” PART I Use Restriction 1. The Property may be only used for the construction and operation of municipal facilities, e.g., Village Hall, fire station, police station, road department. There shall be no sleeping quarters or sleeping facilities. PART II Avigation Easement 1. THE GRANTOR, for itself, its successors, and assigns, does hereby reserve for the use and benefit of Grantor, Brown County/Austin Straubel International Airport (Airport) and the public, a perpetual easement for right of flight, but only to the extent expressly stated herein, above the surface of the premises herein conveyed for the free and unobstructed passage of aircraft, and the right to cause such sound as may be inherent in the operation of any such aircraft used for navigation or flight through said air space or landing at, taking off from, or operation on the Airport. The easement and right of flight reserved herein includes the right of said aircraft to cause noise, vibrations, fumes, deposits of dust, fuel particles (incidental to the normal operation of aircraft); fear, interference with sleep or communication, and any other affects associated with the normal operation of aircraft taking off, landing, or operating in the vicinity of Airport. 2. As used herein, the term “aircraft” shall mean any and all types of aircraft, whether PAGE 146 2 now in existence or hereafter manufactured and developed, to include jet, propeller-driven, civil, military, or commercial; helicopters, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 3. As a condition of this conveyance the Grantee, for itself, its heirs, successors, and assigns, does hereby agree to prohibit and refrain from the erection of structures or growth of natural objects that would constitute an obstruction to air navigation as defined in FAR Part 77 (i.e., above elevation 800 feet MSL). And, further, to comply with the notice requirements contained in FAR Part 77, Subpart B. 4. As a further condition of this conveyance, the Grantee, for itself, its heirs, successors, and assigns, does hereby further agree that it will not use or permit or suffer use of the premises herein conveyed in such a manner as to create electrical interference with radio communication between the installations on the Airport and aircraft or as to make it difficult for fliers to distinguish between the Airport lights and others, or as to result in glare in the eyes of fliers using the Airport, or as to impair visibility in the vicinity of the Airport, or as otherwise to endanger the landing, takeoff, or maneuvering of aircraft. 5. As a further condition of this conveyance, the Grantee, for itself, its heirs, successors, and assigns, does hereby further agree that it will not use or permit or suffer use of the premises herein conveyed in such a manner as to create a potential for attracting birds and other wildlife which may pose a hazard to aircraft. 6. The Grantee, for itself, its heirs, successors, and assigns, does hereby further give and grant to the Grantor, its successors and assigns, a continuing right of entry upon the premises herein conveyed for the purpose of removing and preventing the construction or erection of any buildings, structures, or facilities which are not in compliance with the restrictions and limitations herein set forth, and the clearing of trees or other growth or objects on the premises herein conveyed, other than those expressly permitted hereunder. Except in the case of an imminent threat to airports’ aviation operations or public safety, prior to removal, prevention of construction or clearing under this paragraph, Brown County shall give written notice to the then record titleholder of the proposed removal, prevention of construction or clearing and the then record titleholder shall have 30 days from the date of such notice to cure the matter and in the event the then record titleholder fails to cure within said 30 days, Brown County may thereupon exercise its right of entry and other rights under this paragraph. 7. It is understood and agreed that these covenants and agreements shall be binding upon the heirs, administrators, executors, successors, and assigns of the parties, that these covenants and agreements and the easement and right of flight shall run with the land, and that for the purpose of this instrument, the premises herein conveyed shall be the servient tenement and all real property now used and/or owned or which in the future may be used and/or owned by Brown County in connection with Austin Straubel International Airport and its operation shall be the dominant tenement. PAGE 147 3 8. This Avigation Easement shall be construed in accordance with and governed by the laws of the State of Wisconsin. This Avigation Easement shall be construed in accordance with its intent and with the fair meaning of its provisions, and without regard to any presumption or other rule requiring construction against the party which caused the same to be drafted. Whenever possible, each provision of this Avigation Easement shall be interpreted in such manner as to be effective and valid under such applicable law but, if any provision of this Avigation Easement shall be held to be prohibited or invalid under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Aviation Easement. PART III Miscellaneous Each part of the Subject Real Estate shall be held, sold, and conveyed only subject to the following covenants, conditions, and restrictions, which shall constitute covenants running with land, and shall be binding upon all parties acquiring or holding any right, title, or interest in the Subject Real Estate (or any part thereof), their heirs, personal representatives, successors, or assigns, and the covenants contained herein shall inure to the benefit of each owner thereof. 1. DURATION OF RESTRICTIONS. The covenants, conditions, and restrictions contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them, unless and until an instrument terminating the covenants set forth herein, or any portion thereof, is executed by the owners of record title and Brown County and filed with the Register of Deeds for Brown County, Wisconsin. 2. REFORMATION OF COVENANTS. If any provision or clause of these Restrictive Covenants is held to be invalid or inoperative by a court of competent jurisdiction, then such clause or provision shall be severed herefrom without affecting any other provision or clause of this Agreement, the balance of which shall remain in full force and effect; provided, however, that if such provision or clause may be modified for it to be valid as a matter of law, then the provision or clause shall be deemed to be modified so as to be enforceable to the maximum extent permitted by law. 3. AMENDMENT OF COVENANTS. These Restrictive Covenants may be amended by Brown County without the consent of any owner, lien holder, or other party having an interest in the Subject Real Estate if an issue arises with respect to the invalidity or enforceability of any clause or provision and said amendment is required to render said provision or clause valid and enforceable to the maximum extend permitted by law. 4. MISCELLANEOUS. PAGE 148 4 ( a ) Expenses. In the event that any legal action is filed arising out of, or relating to these Restrictive Covenants, the prevailing party shall be entitled to recover from all non-prevailing parties, jointly and severally all costs and expenses incurred by the prevailing party in defending or prosecuting such action, including reasonable attorney fees. ( b ) Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be considered to be given and received in all respects when personally delivered or sent by prepaid telex, cable or telecopy or sent to reputable overnight courier service or three (3) days after deposit in the United States Mail, certified mail, postage prepaid, return receipt requested. ( c ) Binding Effect. These restrictive covenants shall be binding upon the Subject Real Estate as a covenant running with land and shall bind all present and future owners of any interest in the Subject Real Estate or any portion thereof. ( d ) Paragraph Headings. The headings in this document are for purposes of convenience and ease of reference only and shall not be construed to limit or otherwise affect the meaning of any part of this agreement. ( e ) Applicable Law. Any and all actions or proceedings seeking to enforce any provision of, or based upon any right arising out of, these Restrictive Covenants shall be brought against a party in the Circuit Court for Brown County, State of Wisconsin (sitting in Green Bay, Wisconsin) and each of the parties to any such action consents to exclusive jurisdiction of such court(s) (and the