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MAR 04 '97 01:41PM TOWN OF WESTPORT P.6/13 <br /> 8. An agreement shall be entered into with the Developer regarding the <br /> private improvements contemplated as a driveway over the Town road right-of-way for <br /> Hanson's Landing. The agreement shall contain a maintenance agreement, hold <br /> harmless and indemnification clauses for use of the right-of-way, and provisions <br /> regarding the vacation of Hanson's Landing, fully or partially, at the time the right-of. <br /> way is no longer necessary as contemplated in previous agreements with the Von <br /> Rutenbergs, the owners of the Mariner's Cove Condominiums, and the other affected <br /> property owners between those two properties. The agreement shall also contain <br /> language to provide for the reversion of right-of-way property at the time of vacation <br /> which shall allow for proper sized access of the Developer's parcel to Lighthouse Bay <br /> Drive. <br /> 9. Based on the Plan Commission's findings that: (a) there is no land <br /> reasonably available or suitable for parks,within the property due to its size and <br /> location; (b) that dedication of land for park purposes would not be compatible with <br /> the Town Land Use Plan or any Town park plan since no park is planned for this <br /> property; and (c) that a cash contribution would better serve the public interest, on <br /> which such findings the Board agrees, the Town shall accept parkland dedication fees <br /> in satisfaction of the Town's parkland dedication requirements based on the number of <br /> units in the Plat (16), in accordance with section 10-2-84 of the Town Code. <br /> HAWI 141\CONBDRss.TOW <br /> 0304970940 4 <br />