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JUN-17-97 TUE 16 :30 TOWN OF WINDSOR 6088462328 P. 03 . - 2 � 2. Stormwater Mama ement Restriction. Developer acknowledges that the creation of the proposed CSM lot will cause stormwater runoff that exceeds the capacity of the detention basin in Outlot 1, Chase Farms, as currently constructed. The Town acknowledges that recording a Restrictive Covenant prohibiting development of lands equal in size or larger to the proposed CSM lot within Chase Farms First Addition, while permitting development of the proposed CSM lot,will not result in exceeding the stormwater runoff capacity or reduce the effectiveness of the Outlot 1 detention basin as currently constructed. As a condition to the execution of this Agreement by the Town, Developer shall provide an executed and recorded Restrictive Covenant, for the benefit of the Town and enforceable by the Town under Wis. Stats. § 236.293, a copy of which is attached as part of this Agreement as Attachment C, which shall restrict all development and construction of buildings on Lot 20 of Chase Farms First Addition until the capacity of the Outlot 1 detention basin is increased or additional compensating restrictions are placed on other unimproved, platted property in Chase Farms or Chase Farms First Addition Plats. Developer further agrees that it proposed this restriction, that Lot 20 will continue to be assessed special assessments or special charges for the existing improvement of the Outlot 1 basin, and that the proposed CSM lot may be assessed in the future for any additional public improvements constructed by the Town in Chase Farms, Chase Farms First Addition or the area included in the Preliminary Plat of the North Towne Corporate Park. 3. MMSD Annexation. The Town shall support Developer's Petition to annex such territory as needed to the Madison Metropolitan Sewerage District ("MMSD") to enable the Subject Realty to be served by sanitary sewer. Developer shall pay for all costs of the MMSD annexation. 4. Public Improvements. (A) The Developer agrees to complete the public improvements as shown and described on the Town Engineer approved Plans and Specifications attached, as part of this Agreement,as Attachment B. Developer shall be responsible for all costs or charges related to the installation of the improvements enumerated in the Plans and Specifications, including the reasonable costs of the Town Engineer's review of the plans and inspection of the improvements, unless the Town and the Developer expressly agree by written Addendum to this Agreement that a particular cost shall not be paid for in its entirety by the Developer. (B) Following completion of the improvements, all such improvements shall be inspected and approved by the Town Engineer prior to acceptance by the Town for public use. Developer shall dedicate such improvements without cost to the Town and, for such improvements that are not located in Town rights-of-way or outlots, shall provide the necessary easement(s), at no cost, to the Town for maintenance and repair. Such easements may include areas located outside of the Subject Realty. (C) Water and sanitary sewer extensions required by the Town shall be the responsibility of the Developer but shall be governed by a written Agreement between the Windsor Sanitary District No. 1 and the Developer. 9u321.51ob•110697kka/cj m Dcvclop.agr