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15. Maintenance Agreement. The site contains CITY easements for sanitary sewer, storm sewer, and water main trunk lines. It shall be the responsibilityof the land owner to keep any easement areas free and clear of items that would inhibit access on the easement. This includes but is not limited to structures and landscape materials. All underground private utilities, except sanitary sewer, storm sewer, and watermain trunk lines, located within the CITY right-of-way, within the dedicated easements and in the common open areas will be the responsibility of the DEVELOPER or private utility company that installed them. After acceptance of improvements, the CITY shall be responsible for maintenance of Dedicated Public Improvements, including streets, pathway, sidewalks, utilities (sanitary sewer, storm sewer, and watermain) and parks. 16. Warrantv. The DEVELOPER warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. The DEVELOPER shall post maintenance bonds or other security acceptable to the CITY to secure the warranties as per P.U.D. Agreement#1311. 17. Responsibilitv for Costs. A. The DEVELOPER shall reimburse the CITY for the following expenses: outside consultants' time and reasonable city attorney's fees that the CITY incurs in assisting in the preparation of any contracts, agreements or permits. The CITY shall supply an itemized cost of such expenses to the DEVELOPER for payment prior to issuance of building permits B. The DEVELOPER shall hold the CITY, its officers, and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development. The DEVELOPER shall indemnify the CITY and its officers and employees for all costs, damages or expenses which the CITY may pay or incur in consequence of such claims, including attorney's fees. C. The DEVELOPER shall pay, or cause to be paid when due, and in any event before any penalty is attached, all charges referred to in this Contract. This is a personal obligation of the DEVELOPER and shall continue in full force and effect even if the DEVELOPER sells one or more lots, the entire Plat, or any part of it. D. The DEVELOPER shall pay in full all bills submitted to it by the CITY for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the CITY may halt Plat development work Page 6 of 11