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08-14-2023 Council Packet
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08-14-2023 Council Packet
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8/30/2023 2:19:01 PM
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<br />4 <br />227533v1 <br />117-23-21-0007) where future development is planned (the “Sewer Extension”). Developer shall <br />do all of the following: <br /> <br />A. Obtain design plans for the Sewer Extension, and present the same to the City for <br />review and approval. <br /> <br />B. Obtain all applicable permits from the Minnesota Pollution Control Agency and <br />Metropolitan Council Environmental Services. <br /> <br />C. Execute a permanent utility easement for the area legally described in Exhibit B, <br />granting the City perpetual rights for the public sewer to remain in that location, and <br />for the City to have rights to enter onto that part of the Property and easement area for <br />the purpose of maintaining the public improvements located there. <br /> <br />D. Upon approval of the plans by the City and receipt of all applicable permits, construct <br />the Sewer Extension accordingly. <br /> <br />9. Iron Monuments. In accordance with Minnesota Statutes Section 505.02 and the Orono <br />City Code, the final placement of iron monuments for all lot corners must be completed before the <br />Security is released. Developer’s surveyor shall submit a written notice to the City certifying that <br />the monuments have been installed. <br /> <br />10. Permits. Related to the Project and Improvements, Developer shall obtain, or require its <br />contractors and subcontractors to obtain, all necessary permits, including but not limited to the <br />following, to the extent required: <br /> <br />A. MnDNR for Dewatering <br />B. City of Orono for Building Permits <br />C. MCWD for erosion control permit and storm water management permit <br />D. NPDES Permit (National Pollutant Discharge Elimination System) from MPCA <br />E. MCWD for wetland mitigation permit <br /> <br />11. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, <br />Developer and Developer’s contractors and subcontractors shall be responsible for satisfying <br />themselves with regard to the elevation of groundwater in the area and the level of effort needed <br />to perform dewatering and storm flow routing operations. All dewatering shall be in accordance <br />with all applicable county, state, and federal rules and regulations. DNR regulations regarding <br />appropriations permits shall also be strictly followed. <br /> <br />12. Time of Performance. Developer shall complete all Improvements as contemplated by <br />Sections 7 and 8 of this Contract and the approved Plans by within 12 months of the effective date <br />of this Contract. Developer may, however, request an extension of time from the City. If an <br />extension is granted, it shall be conditioned upon updating the security posted by Developer to reflect <br />cost increases and the extended completion date. The City will not issue building permits for the <br />Property or for 1007 Wildhurst Trail (PID 07-117-23-21-0007) until the Sewer Extension is <br />complete. DRAFT
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