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JUN-17-97 TUE 16 :33 TOWN OF WINDSOR <br /> 6088462328 P. 07 <br /> - b - <br /> (E) It will execute a Development Agreement with Windsor Sanitary District No. 1 <br /> pertaining to the extension of public water and sanitary sewer facilities to the <br /> northeasterly corner of the Subject Realty prior to installation of these utilities; <br /> 12. No Waiver. Except as expressly provided herein, nothing set forth in this <br /> Agreement shall be construed as, nor is intended to be, a waiver or release of any obligations <br /> imposed upon the Developer by the Town's Land Division and Subdivision Ordinances. <br /> 13. Amendment. The parties may amend this contract by express mutual written <br /> Agreement. <br /> 14. Assignment. This Agreement shall be binding upon the parties, upon their <br /> personal representatives and heirs, and upon the successors and assigns of the parties. <br /> 15. Binding Effect. This Agreement shall be binding upon the parties, upon their <br /> personal representatives and heirs, and upon the successors and assigns of the parties. <br /> 16. Delegation of Authority. Wherever it is provided herein that a matter is subject <br /> to Town approval, unless otherwise specified, it shall be deemed for purposes of this <br /> Agreement that such approval may be given by the Town's Business Manager, and any such <br /> approval may be relied upon by the Developer. To the extent required, approval of this <br /> Agreement by the Town or any appropriate Town Committee shall constitute the necessary <br /> delegation of authority to permit such action by the Business Manager. <br /> 17. Costs of Enforcement. Notwithstanding any provision herein to the contrary, <br /> the prevailing party shall be reimbursed for all reasonable costs, including reasonable <br /> attorneys' fees, incurred in enforcing this Agreement against the other party, including the <br /> Town validly exercising its right to draw upon the posted security. <br /> 18. Reeordi . A Memorandum referring to this Agreement shall be recorded in <br /> the Dane County Register of Deeds. <br /> IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be <br /> executed on the day of 1997. <br /> DEVELOPER: <br /> CAPWIN 19, Lc / <br /> limited I' llity co pany <br /> C.P. Jahn, Member <br /> 970321.516-110697 k k a ki m <br /> Develop per <br />