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h) An 8'wide bituminous surfaced public pedestrian/bicycle trail shall be constructed by the <br /> Developer or his successors in ownership within Outlots A and D along Highway 12, <br /> connecting to the trails constructed in Phase I. The construction of the portions of said public <br /> trail adjacent to Highway 12 within Outlots A and D maybe deferred until a determination is <br /> made whether the Highway 12 boulevard area will be converted from a rural section to an <br /> urban section and/or until Outlots A or D are developed for commercial uses. The trails <br /> along Highway 12 may be located within the Highway 12 right-of-way if a 20'separation is <br /> maintained from the traveled roadway of Highway 12,and if MnDOT approval is obtained. <br /> Portions of the trail may be located within the right of way of Kelley Parkway north of the <br /> stormwater pond. The trail shall provide a continuous connection along Highway 12 from <br /> the east boundary of the property to the west boundary; connection across the stormwater <br /> pond area may be along Highway 12 or may jog up to and back down from Kelley Parkway <br /> along the stormwater pond perimeter. <br /> i) The City shall be responsible for maintenance of the public trails upon their completion and <br /> acceptance. Public easements including a suitable shoulder width shall be granted over all <br /> the public trails not located in dedicated right-of-way. <br /> j) Sidewalks along both sides of Kelley Parkway shall be provided by the developer as depicted <br /> on the approved plan sheets,including 5'concrete sidewalks separated from back of curb by <br /> 8'to accommodate deciduous trees and landscaping in boulevard. <br /> k) All trails and sidewalks,whether public or private,shall be installed concurrently with the <br /> residential development phases and prior to occupancy of residential units. <br /> 1) Maintenance of the sidewalks within the right-of-way of Kelley Parkway shall be the <br /> responsibility of the Developer or the homeowners association or commercial maintenance <br /> association. <br /> 2. Utilities and Stormwater Management <br /> a) Developer shall construct municipal sewer and waterlines as shown on Sheets C4.1 through <br /> C4.10, subject to final design detail approval by the City Engineer. The Developer shall <br /> provide a L4-month warranty on all utility construction. <br /> b) The City will own and maintain the sanitary sewer and water mains within the development. <br /> The City will inspect these systems during their construction to ensure proper installation. <br /> Developer shall grant Drainage and Utility Easements to the City of Orono over all municipal <br /> sewer and water lines and facilities,including the rights of way necessary to maintain same. <br /> c) Applicants' architect shall submit final development plans to the Metropolitan Council <br /> Environmental Services to determine the exact number of SAC units to be charged at the <br /> time of the issuance of building permits. <br /> d) Developer shall construct stormwater management facilities as shown on the approved plans, <br /> Sheets C4.11 through C4.21. The stormwater drainage system outside of public rights-of- <br /> way will be owned and maintained by the homeowners association. <br /> Page 2 of 4 <br />