02-08-1999 Council Packet - Laserfiche WebLink

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FROM LEONARD. STREET AND DEINARD IFRI) 2. 5’59 14:42/ST. 14:33 NO. 4260433259 R 7 to the Orono City Attorney. The letter of credit must be provided before a building permit is issued for the Service 800 Building. 5. Construction of Roads. a. Except as required by MiiDoT under Option 2, the permanent access road serving the Service 800 Parcel shall be 24 feet v^ide with an 8 inch base and a 3 inch bituminous surface. b. The curb cut from Wayaata Boulevard into the Brimhall Triangle shall have the dimensions and materials required by MnDoT. c. At the same time as Developer installs its permanent access road through the Brimhall Triangle, Developer shall install a left turn lane from eastbound Wayzata Boulevard into the Brimh^l Triangle to MnDoT standards. <J. Before any road construction commences, all plans and specifications for the work shall be reviewed and approved by Often, which approval shall not be unreasonably withheld or delayed. e. Developer shall pay all costs related to the road construction required by this Agreement. f. Developer shall defend, indemnify and hold harmless every other party to this Agreement from all claims, demands, losses, damages, liabilities and expenses and all suits, actions and judgments (including, without limitation, attorneys ’ fees and mechanic ’s lien claims) arising out of or in any way related to the road construction required by this Agreement, other than those aiising from such other party ’s negligence or willful misconduct. 6. Maintenance and Repair of Roads. a. Developer shall be responsible for maintaining aud repairing the access road serving the Service 800 Parcel, including repaving and removing snow, ice, leaves, debris and obstructions, even If portions of the access road are public. b. For so long as Onen does not use that road. Developer shall pay all costs related to such maintenance and repairs (“Maintenanc.e Costs ’’) If and when Otten begins using that road, Oiten shall reimburse Developer for one-half of the Maintenance Costs incurred thereafter. Otten shall reimburse Developer within 30 days after receipt of each itemized invoice fironi Developer c. If the road is being used by Developer and Otten. and either party or a family member, tenant, invitee, officer, employee, contractor or agent of a party negligently or willfiJly damages the road, then such party (Developer or Otten as the case may be) shall bear the entire expense of repairing the damage. 1747513 02