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229446v1 <br />escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the <br />escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited <br />the funds with the City. <br />A certified as-built building pad survey must be submitted and approved for commercial, industrial or <br />institutional developments prior to issuance of a building permit. <br />15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from <br />construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any <br />construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, <br />street cleaning, and street sweeping. <br />16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction <br />required by this Contract and final acceptance by the City, the public improvements lying within public easements <br />shall become City property without further notice or action. No improvements will be accepted prior to all disturbed <br />areas of the site being fully vegetated and functioning in accordance with the approved construction and storm <br />water management plans. <br />17. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION <br />AND AS-BUILT RECORD DRAWING PREPARATION. <br />Developer shall reimburse the City for all the City’s costs and expenses incurred in the processing of the Subdivision <br />and installation of improvements, including review of plans and construction observation and in regard to any <br />action or event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City <br />shall become a party in reference to the Developer’s interest in the Development. Reimbursement shall be due and <br />payable to the City within thirty (30) days following the receipt of a statement therefore. The Developer shall post <br />a cash escrow in the amount of five percent (5%) of the estimated costs of the Improvements. This escrow will be <br />drawn from as the project progresses to cover the City’s ongoing costs and expenses relating to administration and <br />construction observation of the Improvements. City administration will include, but is not limited to, supervision <br />of construction observation, consultation with Developer and its engineer on status or problems regarding the <br />Page 70 of 299