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(30) days thereafter, and before any security as herein required is released, Developer <br /> shall supply City with a completed set of reproducible "AS BUILT" plans in a form <br /> acceptable to the City Engineer, without charge to City, which documents shall become <br /> the property of City. The Developer agrees that the streetlights shall not be accepted by <br /> the City and shall remain a private improvement to be maintained by the Developer <br /> and/or Homeowners Association. <br /> XX. Clean Up. The Developer shall properly clean any soil, earth, or debris on the <br /> City-owned property or public right-of-way resulting from construction work by the <br /> Developer, its agents, or assigns. <br /> XXI. Erosion and Drainage Control. The Developer shall provide and comply with <br /> erosion and drainage control provisions in the landscape plan and City policy <br /> requirements and as otherwise required by City. As development progresses, the City <br /> may impose additional erosion and drainage control requirements if, in the sole but <br /> reasonable opinion of the City Engineer, they would be useful and appropriate in <br /> controlling drainage and erosion. Developer shall promptly comply with such erosion <br /> and drainage control plans and with such additional instructions it receives from City. <br /> Developer acknowledges that its failure to implement the plans and exhibits as <br /> contained herein may cause flooding and/or damage to adjoining property owners. In <br /> such event, Developer agrees to hold City harmless and indemnifies City from claims of <br /> all third parties or Developer for damages arising out of such flooding and/or damages. <br /> The parties recognize that time is of the essence in controlling erosion. In the event of <br /> an emergency situation requiring immediate action to prevent loss or damage to <br /> persons or property, to be determined at the sole discretion of City, the notice and cure <br /> provisions of section XXIX shall not apply and City is authorized to undertake any <br /> corrective action it deems necessary to prevent or minimize any such flooding and/or <br /> damage. In such event, Developer agrees to hold City harmless and indemnify City <br /> from claims of all third parties for damages arising out of said corrective action by City, <br /> and agrees to reimburse City for all out-of-pocket expenses incurred by City arising out <br /> of the corrective action, including but not limited to any costs necessary to re-landscape <br /> disrupted soils located within the Subdivision. <br /> XXII. Responsibility for Costs, Indemnification, and Hold Harmless. <br /> A. The Developer shall pay all costs incurred by it or City in connection with <br /> the development of the subdivision, including but not limited to <br /> construction of Developer Improvements, legal, planning, engineering, and <br /> inspection expenses incurred in connection with approval and acceptance <br /> of the Subdivision plat, the preparation of this Agreement, and all <br /> reasonable costs and expenses incurred by the City in monitoring and <br /> inspecting development of the Subdivision. <br /> 11 <br />