Laserfiche WebLink
• <br /> the Subject Realty. The Developer shall be responsible for making all arrangements for such <br /> service. The Developer shall provide all necessary easements at no cost to the Town or <br /> respective utilities and the Town shall accept such easements upon approval by the Town's <br /> engineer. <br /> 6. Miscellaneous Provisions. The Developer represents and agrees that: <br /> a. It is the lawful owner and is now lawfully seized and possessed of the <br /> real estate to be improved; <br /> b. It has obtained any and all easements or rights of way necessary to gain <br /> access to the property or to provide drainage or utility easements to and <br /> from the property; <br /> c. It shall be financially responsible for its liability for all losses, claims, <br /> liabilities, expenses and costs arising from damages to property or <br /> injuries to persons occurring in connection with the construction of <br /> private, and if applicable public, improvements constructed in <br /> connection with the Subject Realty, including any vicarious liability for <br /> its agents or assigns, and further will be responsible for the Town's <br /> liability for any losses, claims, liabilities, expenses and costs allegedly <br /> caused by the Developer or its agents, contractors, sub-contractors or <br /> assigns. Such responsibility for the Town's vicarious liability only, may <br /> be satisfied by filing with the Town Clerk a satisfactory general liability <br /> insurance policy with a limit of $1,000,000 per occurrence. Such policy <br /> shall name the Town of Windsor as an "Additional Insured" and shall <br /> remain in effect until the Town accepts the public improvements. The <br /> Town shall be responsible for its own negligence or fault. <br /> d. It has obtained any and all permits for the development of the Subject <br /> Realty as are required by other state and federal agencies with <br /> jurisdiction over all or part of the Subject Realty. <br /> 7. No Waiver. Except as expressly provided herein, nothing set forth in this agreement <br /> shall be construed as, nor is intended to be, a waiver or release of any obligations imposed <br /> upon the Developer by the Town's Land Division and Subdivision Ordinance or other <br /> ordinance relating to the development of land as may be adopted by the Town of Windsor <br /> and effective as of the date of this agreement. This provision notwithstanding, Developer <br /> agrees to abide by all local, county, state, or federal requirements which may be applied to <br /> the Subject Realty. <br /> 8. Amendment. The Town Board and Developer may amend this agreement by express <br /> mutual written agreement. Minor changes to the site plan and grading plan which may affect <br /> Tizianni/Stricker <br /> Development Agreement <br />