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C. Owner shall repair damage to the neighboring streets, curbs, trails, or other public <br />infrastructure caused by construction of the Proj ect, at their own expense. <br />D. Owner shall provide traffic control for any work within the right-of-way. <br />16. OWNERSHIP OF PUBLIC IMPROVEMENTS. Upon completion and <br />acceptance of the work and construction required by this Agreement, the Public Improvements <br />lying within public right-of-way and easements shall become City Property without further notice <br />or action. Those Public Improvements shall include those items identified in the Development <br />Plans but may also include but is not limited to sanitary sewer, potable water system, storm sewer, <br />roads, sidewalks, trails, draintile, signage and street lighting (unless owned by the utility). The <br />extent of sewer and water service lines ownership is further defined in city code. The Owner shall <br />retain ownership and maintain all ponds and other erosion control measures, and the Final Plat <br />shall indicate an easement in favor of the Public for storm water use, access, and maintenance. <br />However, the Owner shall maintain ponds and other erosion control measures until the <br />development is complete in conformance with this Agreement, and provided that the engineer for <br />Owner shall certify that the ponds have been cleaned and provide the designed holding capacity <br />prior to the City certifying the ponds. All of the easements set forth in this Section must be reduced <br />to writing and recorded on the Final Plat. <br />17. SUPERIOR RIGHT OF TITLE. The Owner agrees, and shall not cause any <br />mortgage, lien, easement, covenant, or other encumbrance on title to the Land to be superior to <br />any right or title the Owner grants to the City including but not limited to the Plat, Conditional Use <br />Permit, this Agreement, easement, covenant, or any feature included on the Final Plat, including <br />covenants for the maintenance of common open space, except by an express written authorization <br />approved by the City Council. <br />18. ADMINISTRATION COSTS. The Owner shall reimburse the City for all of the <br />City's reasonable out-of-pocket expenses for this development including, but not limited to <br />expenses incurred for legal, planning, engineering services, development agreement compliance <br />and inspection services. The Owner shall deposit $20,000 and maintain with the City a minimum <br />DI;VFLOPNWNT & SUBDIVISION AGREEMENT <br />CENTERVILLE AND AMAZON.COM <br />Draft Version 061202/2022 vZ Page 9 <br />