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7 211828v2 Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 12. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 13. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 14. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 15. PARK DEDICATION. The Developer shall pay a cash contribution of $26,000.00 in satisfaction of the City's park dedication requirements. The charge is equal to ten (10%) percent of the total buildable land area or a development fee of $6,500.00 per lot. The park dedication shall be provided prior to the execution of the Final Plat. 16. TREE PRESERVATION. A. All landscaping including tree plantings shall be installed in accordance with the approved tree preservation/restoration plan. B. The Developer shall pay a fee in lieu of the required replacement trees not installed on the site that shall equal the cost of materials and installation, plus ten percent. The required fee shall be paid prior to the issuance of a Grading and Erosion Control permit C. A Letter of Credit in the amount of 125 percent of the cost of materials and installation for the required replacement tree plantings shall be provided prior to the issuance of any development permits. The Letter of Cred shall be valid for two full years from the date of installation of the replacements trees. 17. RESPONSIBILITY FOR COSTS.