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3 <br /> <br />233002v1 <br />192738612.2 <br />provide for on-site project management. The Owner's engineer is responsible for design <br />changes and contract administration between the Owner and the Owner's contractor. The <br />Owner or its engineer shall schedule a pre-construction meeting at a mutually agreeable <br />time at the City Council chambers with all parties concerned, including the City staff, to <br />review the program for the construction work. <br /> <br />4. PERMITS. The Owner shall obtain or require its contractors and subcontractors to <br />obtain all necessary permits, including but not limited to the following to the extent <br />required: <br />• City of Orono Permits for utility connection. <br />• MCWD for erosion control permit and storm water management permit <br />• Sewer Extension Permit Approved by MCES and MPCA <br />• Right of Way Permit from Hennepin County for work within the Leaf Street <br />(CSAH 84) Right of Way <br /> <br />5. EASEMENTS. Upon the City’s acceptance of the Improvements pursuant to this <br />Agreement, Owner shall grant or cause the grant of a permanent easement within Fox Street <br />for the City’s ongoing maintenance of the Improvements. The form of easement shall be <br />substantially in the form attached hereto as Exhibit B. <br /> <br />6. BILLS. In accordance with, and as more particularly described in, the Escrow <br />Agreement, the Owner shall pay the pass through bills reflecting the reasonable, actual out- <br />of-pocket costs that City incurs with respect to the plan review and construction <br />observation inspections of the improvements by City staff, as required by this Agreement. <br /> <br />7. DESIGN. The Owner will design the sewer extension, determine construction limits, <br />obtain necessary permits, hire a contractor, manage the contract, and pay for the <br />Improvements (subject to future reimbursement described in Paragraph 2 above). Other <br />items included are street pavement patching, concrete curb and gutter, concrete driveway <br />aprons, concrete sidewalks, coordination with private utilities, irrigation repairs, and <br />notification to neighbors about the project. <br /> <br />8. APPROVAL. City must provide written approval of the design of the sewer line <br />extension or before November 1, 2025 or this Agreement shall be null and void. <br /> <br />9. ESCROW. Concurrent with the date of this Agreement, the Owner and City shall <br />enter into a separate escrow agreement for the sewer line extension project described in <br />this Agreement, substantially in the form attached hereto as Exhibit C (the “Escrow <br />Agreement”). The Escrow Agreement will operate to guaranty completion of the <br />requirements in this Agreement and for payment to the City for all out-of-pocket costs the <br />City will incur with respect to the review and inspection of the Improvements by City staff. <br /> <br />10. WAIVING CONNECTION FEE. In light of the cost to the Owner to construct the <br />Improvements, as applied to Owner, the City waives the standard sewer connection fee as <br />outlined in the City’s fee schedule. <br /> <br />199