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JUN-17-97 TUE 16 :29 TOWN OF WINDSOR 6088462328 P. 02 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into by and between the Town of Windsor, a body corporate and politic (the 'Town") and CapWin 19 LLC, Madison, Wisconsin (the "Developer"). WITNESSETH : • WHEREAS,Developer owns and is promoting the development of property commonly known as North Towne Corporate Park, and which currently includes the platted commercial/industrial subdivisions known as Chase Farms and Chase Farms First Addition; and WHEREAS,Developer seeks to create a single 2.5±acre Certified Survey Map ("CSM") lot adjoining Lots 22 and 23 of Chase Farms First Addition as shown on the proposed Certified Survey Map (the "Subject Realty"), attached as part of this Agreement, as Attachment A,for purposes of creating a building site to be improved with a single warehouse structure of not less than 70,000 square feet. And further, the lands within the proposed CSM lot are part of the parcel proposed as an additional Phase of the development of this industrial area, and known as the Preliminary Plat of North Towne Corporate Park; and WHEREAS, the Town's Land Division Subdivision Ordinances require that existing public improvements to be modified and new public improvements to be completed in order to adequately convey stormwater runoff, control erosion and prevent siltation of surface waters, provide for adequate potable water for consumption and fire protection, provide adequate sanitation, and provide for safe traffic movement, to serve the proposed CSM lot; and WHEREAS, the Town's Land Division and Subdivision Ordinances require, among other things, that a developer must construct to Town standards and dedicate to the Town all necessary public improvements required by the Town. Further, the Town's policy on Special Assessments and Charges states that reconstruction and widening of streets in a commercial industrial area is entirely assessable to the adjoining property; and WHEREAS,Developer has indicated that it has the capability to complete the necessary public improvements and desires that this proposed CSM project be improved. NOW,THEREFORE,in consideration of the covenants hereinafter set forth,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby mutually agree as follows: 1. Zo� ing and Certified Survey Map Approval. Upon execution of this Agreement, the Town shall approve the Preliminary Certified Survey Map, attached as part of this Agreement as Attachment A, and shall recommend approval of Dane County Rezoning Petition #6893, provided that the area rezoned by the Petition conforms with the area and dimensions of the lot created by the proposed CSM. 970321-51c6-110697kkNcjm Dcvcllfp,6gf