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by the City. Developer shall remain responsible for all maintenance and upkeep of Improvements that are not transferred to the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer’s acts or omissions in performing the obligations imposed by this paragraph. 2.08 Building Permits and Occupancy. a. In order to provide emergency vehicle access, a passable Class 5 road base must be extended to within 150 feet of any address seeking a building permit. b. No occupancy of any newly constructed building in the Project may occur until installation and approval of curb and gutter and bituminous base course; a hard surface driveway and parking; lot and appropriate ground cover, and a certificate of occupancy has been issued by the City Building Official. The Developer shall maintain reasonable access to any occupied building within the Project, including necessary street maintenance such as grading and graveling and snow removal prior to permanent street surfacing and acceptance of the streets by the City. 2.09 Underground Utilities. The Developer shall contact the electric, telecommunications, gas and other private utility companies that are authorized to provide service to the Property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the Project. Any costs associated with the installation of underground utilities required by the utility companies shall be solely borne by the Developer or the utility company. The Developer shall arrange for the installation of underground electric, telecommunications, gas and other private utilities before the and pavement is installed. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 2.10 Site Conditions. a) Cleaning. The Developer shall clean dirt and debris from streets that has resulted from construction work by their respective contractors, subcontractors, agents or assigns. The City will inspect the Property not less than on a weekly basis to 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 may complete or contract to complete the clean-up and may draw down on the Construction Escrow described in Article Four to pay such costs. b) Parking and Storage of Materials. Adequate on-site parking for construction vehicles and employees must be provided or provisions must be made to have employees park off- site and be shuttled to the Project Area. No parking of construction vehicles or employee vehicles shall occur along County Road B, Albert Street North, nor Sandhurst Drive West. No fill, excavating material or construction materials shall be stored in the public right-of-way. d) Cold Weather Construction. The City requires that no public concrete or bituminous infrastructure be constructed on frozen ground. Upon evidence of frozen ground in 8 RS160\\10\\864844.v1