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8.1. SR 06-03-2019
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8.1. SR 06-03-2019
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6/3/2019
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2. Right to Proceed With Installation of LCS. The Developer may not grade or otherwise <br /> disturb the earth or remove trees until authorized by a separate permit or letter from City and all the <br /> following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed <br /> with the City Clerk; (2) the security required by this Agreement has been received by the City; (3) the <br /> insurance required by this Agreement for the Developer and its construction contractors has been received by <br /> the City; (4) the final plans have been approved by the City and (5) all required permits to construct and <br /> operate the LCS, including the License Agreement and a Minnesota Pollution Control Agency sewer <br /> extension permit, are secured and a copy filed with the City Engineer. <br /> 3. Plans. The LCS shall be installed in accordance with the Plans attached to this Agreement. <br /> The City Engineer may approve minor amendments to the Plans without City Council approval. If the Plans <br /> vary from the written terms of this Contract,the written terms shall control. The Plans are: <br /> Construction Plans and Specifications for Leachate Conveyance System <br /> 4. Industrial Wastewater Treatment Agreement and License Agreement. In addition to <br /> this Agreement, the utility permit and the MPCA sewer extension permit, Developer shall not proceed with <br /> installation of the LCS until Developer and City have entered into an Industrial Wastewater Treatment <br /> Agreement ("SIU Agreement") authorizing Developer to dispose of Landfill leachate in the City WWTP, and <br /> a license agreement ("License Agreement") authorizing Developer to enter onto the GNT to install the LCS <br /> and to own, operate and maintain the Developer owned portion of the LCS in the GNT right of way. <br /> 5. Additional Regulatory Approvals. Any additional regulatory approvals required for <br /> construction or operation of the LCS shall be obtained before commencement of construction on the LCS. <br /> Additional approvals may include but are not limited to the Minnesota Pollution Control Agency permit for <br /> the extension of sanitary sewer; National Pollutant Discharge Elimination System permits for grading; <br /> Department of Natural Resources permits for water appropriations; Army Corps of Engineers permits; and <br /> City, County and/or State permits for access and work within existing rights-of-way. <br /> 6. Installation of LCS Improvements. All components of the LCS and related facilities <br /> necessary for operation of the LCS (the "Improvements") will be installed at Developer's expense by <br /> Developer as hereinafter provided. <br /> (01) Developer shall construct and install at Developers sole expense all Improvements necessary <br /> to fully complete the LCS,including restoration of the GNT as required by Section G(11) below, and <br /> all those Improvements identified in the Plans, attached hereto, except as may otherwise be set forth <br /> in this Agreement. The installation of the Improvements shall be in accordance with all applicable <br /> City ordinances and shall be subject to review, approval, inspection and authorization by the City <br /> and/or its consultants, 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 for completion of the <br /> LCS Improvements as shown in the Plans on or before December 31, 2019. The Developer may, <br /> 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. <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 the Plans approved by the City Engineer. The Plans and specifications shall be <br /> 2 <br />
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