05-09-2005 Council Packet - Laserfiche WebLink

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L 7. Medina and Orono intend that the Local Improvements will be constructed in a manner that is in the mutual interests of both communities. The need to construct the Local Improvements as contemplated herein is primarily the result of the Development and certain planned improvements by the Minnesota department of transportation to U.S. Highway 12. Due to the closure of an existing access onto U.S. Highway 12, four properties in Orono will utilize the portion of Spruce Way located in Orono via private driveways for ingress and egress purposes. NOV' therefore, in consideration of the mutual covenants hereinafter contained, —the parties-hereto do stipulate and agree as follows:-------------------------------------------- - I. LOCAL IMPROVEMENTS 1.1 Plans and Specifications . Upon the execution of this Agreement, Medina will proceed with the preparation of plans and specifications for construction of the Local Improvements including all necessary design and engineering work. The plans shall include the roadways and all utility lines that will be constructed within the rights-of-way in Medina and Orono pursuant to this Agreement for the benefit of the Development and the Orono Property. Upon completion, a copy of such plans and specifications will be provided to Orono. 1.2 Road Right-of-Wav Plat. Upon execution of this Agreement, Orono will promptly proceed with filing of a road right-of-way plat over the Orono 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 the Local Improvements after receipt of a filed copy of the road right-of-way plat. 1.3 Construction Warranty and Insurance. Any contract for construction of the Local Improvements over the Orono 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 normally required by Orono on similar projects. Medina will coordinate with Orono and the owners of the Orono Property to keep them informed and updated on construction activities. 1.4 Project Costs and Permits. 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. l.S 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 complete set of fUV-2$M6«v] MBXI-JI] > i