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10 <br /> <br />control, the CITY may, after a twenty-four (24) hour notice, take appropriate action to control <br />erosion. The CITY may, without notice draw upon any posted financial guarantee to pay costs <br />incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CITY's option, <br />assess the additional costs as part of the DEVELOPER IMPROVEMENTS. <br /> <br />4.18. TRANSFER OF RESPONSIBILITY. The DEVELOPER must not transfer or <br />assign its responsibility to perform the requirements of Street Sweeping, Street Signs, Street <br />Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any lot <br />purchaser or BUILDER of a home on any lot within the FINAL PLAT. Notwithstanding the <br />foregoing, it is agreed that the DEVELOPER may transfer its responsibility for sod installation, <br />provided DEVELOPER remains liable for the performance thereof and it is understood and <br />agreed that upon transfer of the NPDES permit to the BUILDER or buyer of an individual lot, <br />all responsibilities subsumed under the said NPDES permit specific to the subject lot shall, <br />thereafter, be the BUILDER'S or buyer's responsibility and not DEVELOPER'S responsibility. <br /> <br />4.19. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit <br />within the FINAL PLAT any weeds, grass, brush, or other rank vegetation to a height greater <br />than eight (8) inches, or permit any accumulation of dead weeds, grass or brush. DEVELOPER <br />shall maintain the land that will be deeded to the CITY for public purposes until the time of <br />conveyance. In the event the DEVELOPER fails to comply with this provision, the CITY may <br />give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs <br />of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed <br />against the property that is in violation. <br /> <br /> <br />ARTICLE 5 <br />PARK CONTRIBUTION REQUIREMENTS <br /> <br />5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication <br />requirements as defined in the City Code and the approved Zoning requirements. Developer <br />shall pay $3,675 per unit for park dedication based on the 2023 Fee Schedule. Total Park <br />Dedication required shall be $198,450 based on 54 units being platted. Future park fees will be <br />paid at time of final plat with future additions. All required limited warranty deeds shall be <br />recorded with the FINAL PLAT. <br /> <br /> <br />ARTICLE 6 <br />PERMITS, LICENSES AND OTHER APPROVALS <br /> <br />6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and <br />licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY <br />COMPANIES, as identified on Exhibit E, attached hereto. Major design requirements of any <br />such entities shall be determined prior to completion and incorporated into the <br />DEVELOPMENT PLANS. All costs incurred to obtain said approvals, permits and licenses, <br />and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to <br />obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the <br />DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action <br />initiated by the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES <br />resulting from such failures of the DEVELOPER. <br /> <br />ARTICLE 7 <br />OTHER DEVELOPMENT REQUIREMENTS