02-28-2005 Council Packet - Laserfiche WebLink

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•V i Improvements as contemplated herein is priimrily the result of the Development and certain planned improvements to U.S. Highway 12. Medina and Orono anticipate tliat, due to the closure of an existing access onto U.S. Highway 12, several residences in Orono will access Spruce Way via private driveways for ingress and egress puiposes. NOW THEREFORE, in consideration of the mutual covenants hcrcinafler contained, the parties hereto do stipulate and agree as follows: I. LOCAMIVIPROVEIViENTS 1.1 Plans and Specifications. Upon the execution of this Agreement, Medina will pmceed with the preparation of plans and specifications for construction of the IxKal Improvements including all necessary design and engineering work. The plans shall include all utility lines that will be constmeted within the rights-of-way in Medina and Orono to be established pursuant to tliis Agreement. Upon completion, a copy of such plans and specifications will be provided to Orono. 1.2 Road Right-of-Wav Plat. Upon execution of tliis Agreement, Orono will promptly proceed with filing of a road right-of-way plat over the Property for the purposes contemplated by this Agreement. Upon completion of such right-of-way platting process, Orono will provide a filed copy of the plat to Medina. Medina may award a contract for construction of tlic Local hnprovements after receipt of a filed copy of the road right-of-way plat. 1.3 Constmetion, Warranty and Insurance. Any contract for con.stniction of the Local Improvements over the Property must contain a standard warranty of work that runs to Orono, and must also contain insurance coverages running in favor of Orono in the amount nomially required by Orono on similar projects. Medina will coordinate witli Orono and residents of properties located in Orono to keep them infomied and updated on construction activities. 1.4 Project Costs and Pennits. Except with regard to the Orono right-of-way plat, Medina shall be responsible for 100% of the cost of constructing the Local Improvements including the cost of all permits from applicable state agencies. Orono shall cooperate, as necessary, in any applications. 1.5 Inspections. Medina will be responsible for the construction management of the Local Improvements, including necessary Inspections. Medina shall provide Orono with a construction timetable at the beginning of the project and any revisions to the schedule. Orono may inspect the project at any time. 1.6 Acceptance Upon Completion. Upon completion of the Local Improvements in accordance with the plans and specifications, Medina shall deliver to Orono a com|)lel, set of final record plans. Orono shall accept that portion of Spruce Way lying on the Property within its corporate limits. Such acceptance shall constitute a full release and satisfaction of Medina’s obligations under this Agreement but Medina shall retain ownership of the Local Improvcmcrrts located on tlic Property regardless of their exterrsion irrto Orono.p RJV259469vI Ml 230 312