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and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the <br /> parties hereby mutually agree as follows: <br /> 1. Certified Survey Map, Zoning, Approved Uses <br /> a. Upon execution of this agreement, the Town shall approve the Final Certified <br /> Survey Map (CSM) attached as part of this Agreement. <br /> b. The approved uses of the lots created by this CSM are: <br /> i. Lot 1 - Zoned R-3A; permitting 1 duplex. <br /> ii. Lot 2 - Zoned R-3A; permitting 1 duplex. <br /> iii. Lot 3 - Zoned RE (recreation); limited to only the continuation of the <br /> existing recreational uses (miniature golf and driving range) and accessory <br /> uses thereto. <br /> 2. Public Improvements <br /> a. Pursuant to this Agreement, Developer agrees to complete.the public <br /> improvements identified in Attachment B. _ <br /> b. Developer shall be responsible for all costs or charges.Aelated to the installation of <br /> the improvements enumerated in the plans and specifications, including the <br /> reasonable costs of the Town Engineer's review and approval of the plans and <br /> inspection of the improvements, both during and after their construction (and <br /> including costs for soils investigations, and construction materials testing), unless <br /> the Town and the Developer expressly agree by written Addendum to the <br /> Agreement that a particular cost shall not be paid for in it entirety by the <br /> Developer. <br /> c. Following the completion of the improvements, all such improvements shall be <br /> inspected and approved by the Town Engineer prior to their acceptance by the <br /> Town for public use. The Developer shall dedicate such improvements without <br /> cost to the Town and, for such improvements that are not located in Town rights- <br /> of-way or outlots, shall provide the necessary easement(s), at no cost, to the <br /> Town, for maintenance and repair. Such easements may include areas located • <br /> outside of the Subject Realty. <br /> d. Construction of water and sanitary sewer extensions required by the Town shall <br /> be the responsibility of the Developer but shall be governed by a written <br /> Agreement between the Windsor Sanitary District #1 and the Developer. <br /> e. Phases or incremental extensions of public improvements shall be constructed by <br /> the Developer in such manner so as to properly operate or function on a stand <br /> alone basis and without being dependent on a future phase, increment, or segment <br /> of the improvement being constructed by the Developer or others. <br /> Bouril CSM Agreement 02/04/99 Page 2 <br />