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schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion, including those provisions listed in paragraph 10. 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 thiriy (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 un less the plat is in full compliance with the erosion control requirements. 13. 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 the Developer has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at the Developer's expense, as per the conditions under Paragraph 12. 14. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Contract, all improvements lying within public rights-of-way and easements shall become City properiy without further notice or action. 15. Maintenance A�reement. The site contains City easements for sanitary sewer, storm sewer, and water main trunk lines. It shall be the responsibility of 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 amenities 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. 16. Warrant_y. The Developer warranties 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 # 1259. 17. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat, and the enforcement of this contract. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred Page 4 of 8