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4.5. SR 04-16-2018
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4.5. SR 04-16-2018
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<br />3 <br />(09) Survey Monuments. Durable iron survey monuments shall be set, pursuant to Minnesota <br />Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final plat of the <br />Subdivision. Developer shall provide, in writing, notice to the City a Surveyor’s certification that all <br />monuments have been set. <br />(10) Mailboxes, in a style and location approved by the City of Elk River Post Office, shall be <br />provided prior to occupancy of any unit. <br />5. Additional Regulatory Approvals. All additional regulatory approvals required for <br />construction of the Improvements or development of the Subdivision shall be obtained before <br />commencement of construction on the Improvements. Additional approvals may include but are not limited <br />to the Department of Health permits for water system modifications; Minnesota Pollution Control Agency <br />permits for the extension of sanitary sewer or cluster on-site treatment systems; National Pollutant Discharge <br />Elimination System permits for grading; Department of Natural Resources permits for water appropriations; <br />Army Corps of Engineers permits for construction of sedimentation ponds; and City, County and/or State <br />permits for access and work within existing road rights of ways. <br />6. Installation of Improvements. The Improvements will be installed at Developer’s expense <br />by Developer as hereinafter provided. <br />(01) Developer shall construct and install at Developers sole expense all Improvements necessary <br />to fully complete the Development, including those Improvements identified in Exhibit D, attached <br />hereto, except as may otherwise be set forth in this Agreement. The installation of the <br />Improvements shall be in accordance with all applicable City ordinances, including the City <br />subdivision ordinance, and shall be subject to review, approval, inspection and authorization by the <br />City and/or its specialty consulting staff, as provided in this agreement. <br />(02) Deadline for Performance by Developer. Except as otherwise provided herein, Developer <br />agrees to complete all Improvements and perform all other acts as are required by the Subdivision <br />Ordinance, other applicable ordinances and the terms and conditions of this agreement, and <br />Resolution No. 18-10, and to do so on or before October 31, 2018, with the exception of the final <br />wear course of asphalt on streets. The final wear course on streets shall be installed between <br />August 15 and October 15 the year following the base layer of asphalt construction. The Developer <br />may, however, request an extension of time from the City. If an extension is granted, it shall be <br />conditioned upon updating the security posted by the Developer to reflect cost increases and the <br />extended completion date. Final wear course placement outside of this time frame must have the <br />written approval of the City Engineer. <br />(03) Approval of Contractor. The City reserves the right to approve or disapprove any <br />contractor selected by the Developer. <br />(04) Construction Plans. The construction, installation, materials and equipment shall be in <br />accordance with plans and specifications prepared by a licensed professional engineer and approved <br />by the City Engineer. Such plans and specifications shall be based upon such engineering surveys, <br />including soil borings and material tests, determined to be necessary by the City Engineer. <br />(05) Supervision and City Services. Construction and installation plans and activity shall be <br />reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to <br />inform the City’s representatives of the schedule to complete the Improvements as required in the <br />approvals. City shall inspect all Improvements during and after construction for compliance with <br />approved specifications. Developer will notify the City Engineer or his designee at such times during <br />construction as the City Engineer requires for inspection purposes.
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