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AUG '95 14: 13 TOWN OF SUN PRAIRIE <br /> P.5,,1,E <br /> DIL)4Fr <br /> grants to the Town and its officers,agents and contractors an easement allowing them to <br /> enter the real estate for the purpose of constructing the road described in this agreement. <br /> Developer also agrees that the Town may,at any time in its sole discretion,record this <br /> Agreement as a covenant against the real estate and the subdivision lots served by the <br /> road. The Town may elect to record this Agreement as secured by this property,with the <br /> effective date of this agreement to be the date of final zoning approval by Dane County. <br /> 11. The Developer agrees to warrant all work performed under this Agreement <br /> for a period of one year from the date of acceptance of the same by the Town of that <br /> portion of the improvements. Such warranty shall be against defects in materials,or <br /> workmanship. If any defects shall appear, the Developer agrees to make suitable repairs <br /> or replacement at the Developer's expense. This expense shall include the cost of the <br /> total and complete restoration of any disturbed surface or component of the improvement <br /> as provided in the plans. <br /> 12. By entering into this Agreement,Developer represents that he is aware that <br /> construction of a road which meets the standards of the Town will be costly;further,that <br /> the cost of the road is subject to changes,including cl,anhes resulting from corrections <br /> required by the Town Engineer. Developer understands that he is agreeing to incur that <br /> expense for the purpose of obtaining approval of the road and to obtain occupancy • <br /> permits for commercial facilities to be served by the road. Developer represents that he <br /> has had the opportunity to consult with attorneys and other professionals concerning this <br /> matter. He understands that his obligation to install the road is not conditioned on any <br /> assumptions about the value of the commercial activity,or upon any action or inaction of <br /> the Town,other than as specified in this Agreement. <br /> 13. Special Provisions: <br /> A. Hours for shipping and receiving shall be limited to 7:00 A.M. to 5:04 P.M. <br /> Manufacturing hours shall be from 6:30 A.M,to 8:30 F.M. <br /> B. Developer shall install a holding tank for the wall coverings business operation <br /> in order to hold the wash water. The contents of the tank will only be pumped and <br /> deposited in a sanitized sewer system as provided by law. <br /> C. Developer to expand the 750 gallon septic tank capacity by adding an <br /> additional 750 gallon capacity and otherwise comply with the requirements of <br /> Dane County Environmental Health. <br /> D. The turning radius on the south/side of the Town Road is to be 60 feet instead <br /> of the 40 feet drawn on the TDT revised site plan of 7/19/95. <br /> E. Developer shall either(i)use seals in the floor drains in the Metro Tek <br /> manufacturing section (western center of the facility)of(1i)install holding tanks in <br />