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r <br /> 1 deciduous overstory trees (1"diameter at planting) <br /> 6 coniferous trees (4'-6' at planting) <br /> Foundation plantings <br /> c. Developer shall pay to the Town concurrently with the Building Permit fee for <br /> each dwelling unit to be built on Lots 1 & 2, the sum of$1000 (per dwelling unit) <br /> as a park development contribution in lieu of the Park Fee required by the Town <br /> Land Division and Subdivision Control ordinances. Future development of lot 3 <br /> will require developer to negotiate a park contribution to be paid at the time of <br /> such development. <br /> d. Duplexes constructed on Lots 1 & 2 shall have a minimum of 1,000 square feet of <br /> living space per each dwelling unit and an attached 2 car garage per each dwelling <br /> unit. <br /> e. The existing natural vegetation within the 75 foot easement area of Lots 1 & 2 <br /> shall remain and be maintained in as natural condition as possible. Developer <br /> may only remove vegetation that is dead;and down, and that is the minimum <br /> necessary to establish a 25 foot wide drainage channel centered on the existing <br /> drainage channel as approved by the Town Engineer. <br /> f. At the time of the future development of Lot 3, Developer shall submit a storm <br /> water management plan for approval and shall construct;as p rt of such required <br /> public improvements, storm water management facilities with discharges that <br /> shall not exceed the capacity of the drainage channel over Lots 1 & 2 and the <br /> drainage ditch/storm sewer/wetland system in the Bull Run Subdivision. <br /> 10. Developer Representations. The Developer represents that: <br /> a. It is the lawful owner and is now lawfully seized and possessed of the real estate <br /> described as the Subject Realty. <br /> b. It has attained any and all easements or rights-of-way necessary to complete the <br /> required public improvements. <br /> c. It is financially responsible for its liability for all losses, claims, liabilities, <br /> expenses and costs arising from damages to property or injuries to person <br /> occurring in connection with the making of improvements, including any <br /> vicarious liability for its agents or assigns. <br /> 11. Indemnification. Developer shall indemnify and hold harmless the Town, its officers, <br /> employees, and agents, from any and all claims, costs, expenses and fees, including, but <br /> not limited to: reasonable attorneys' and other consultant's fees, and damages to any <br /> person of property, directly or indirectly arising out of or in connection with the design, <br /> inspection and construction of the public improvements, including any vicarious liability <br /> Bouril CSM Agreement 02/04/99 <br /> Page 6 <br />