4D - Final Plat of Keen Addition (continued), Berens

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z For the purpose of this section, unavoidable delays mean delays which are caused by strikes, fire, war, road weight restrictions, material shortages,weather that renders construction progress impossible, causes beyond the Developer's control or other casualty to the Developer Public Improvements, or the act of any Federal, State, or local government unit, except those acts of the City authorized or contemplated by this Agreement. In the event Developer believes an extension is warranted, Developer shall request such extension in writing to the City Engineer and specify the requested length of extension and the reason therefore. The City Engineer shall determine the length of the extension, if any, in his sole but reasonable discretion. XIX. Ownership of Developer Improvements. Upon the request of the Developer and the completion of the Developer Improvements required to be constructed by this Agreement, and the acceptance thereof by the City, the roads lying within the public right of ways shown on the Plat shall become City property without further notice or action. Upon final acceptance of the roads constructed to City street standards, all roads lying within public right-of-way shall be accepted as a City street. Within thirty(30) days thereafter, and before any security as herein required is released, Developer shall supply City with a completed set of reproducible "AS BUILT"plans in a form acceptable to the City Engineer, without charge to City, which documents shall become the property of City. XX. Clean Up. The Developer shall properly clean any soil, earth, or debris on the City- owned property or public right-of-way resulting from construction work by the Developer, its �-- agents, or assigns. XXI. Erosion and Drainage Control. The Developer shall provide and comply with erosion and drainage control provisions in the landscape plan and City policy requirements and as otherwise required by city. As development progresses, the City may impose additional erosion and drainage control requirements if, in the sole but reasonable opinion of the City Engineer, they would be useful and appropriate in controlling drainage and erosion. Developer shall promptly comply with such erosion and drainage control plans and with such additional instructions it receives from City. Developer acknowledges that its failure to implement the plans and exhibits as contained herein may cause flooding and/or damage to adjoining property owners. In such event, Developer agrees to hold City harmless and indemnifies City from claims of all third parties or Developer for damages arising out of such flooding and/or damages. The parties recognize that time is of the essence in controlling erosion. In the event of an emergency situation requiring immediate action to prevent loss or damage to persons or property, to be determined at the sole discretion of City, the notice and cure provisions of section XXIX shall not apply and City is authorized to undertake any corrective action it deems necessary to prevent or minimize any such flooding and/or damage. In such event, Developer agrees to hold City harmless and indemnify City from claims of all third parties for damages arising out of said corrective action by City, and agrees to reimburse City for all out-of-pocket expenses incurred by `— City arising out of the corrective action, including but not limited to any costs necessary to re- landscape disrupted soils located within the Subdivision. 9