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12. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, all erosion control items as shown on the grading and erosion control plan shall be implemented, inspected and approved by the City. All areas disturbed by excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the grading and erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way and shall be completely surrounded with an approved erosion control silt fence. The City also requires that approved erosion control fencing be installed around the perimeter of each lot at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is of the essence in controlling erosion. If the plat development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. 13. Plantine and Seedine. Prior to the City allowing occupancy, the Developer shall plant one (1) two-inch caliper deciduous tree on each street frontage of each lot according to the City's Master Street Tree Plan and the Developer shall also sod the boulevards, all at its own cost. 14. Clean up. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the developer, the City will complete or contract to complete the clean-up at the Developer's expense, as per the conditions under Paragraph 17. 15. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Contract, the public improvements lying within public rights-of-way and easements shall become City property provided the following takes place: A. Developer's Engineer submits an application for acceptance. The application 4