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City will endeavor to notify the Developer in advance of any proposed action, but failure of the City <br />to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer <br />does not reimburse the City for any cost the City incurred for such work within ten (10) days, the <br />City may draw down the "security" to pay any costs. No development, utility or street construction <br />will be allowed and no building permits will be issued unless the Land is in full compliance with the <br />approved erosion control plan. <br />15. GRADING. The Land shall be graded in accordance with the approved grading, <br />drainage, and erosion control plan, Plan `B". The plan shall conform to City of Orono specifications. <br />Within thirty (30) days after completion of the grading and before the City approves individual <br />building permits the Developer shall provide the City with an "as constructed" grading plan certified <br />by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have <br />been constructed on public easements or land owned by the City. Notwithstanding the foregoing, <br />the City may issue building permits to the Developer, prior to completion of all grading, provided <br />the City Engineer has determined that adequate erosion control measures are in place. The "as <br />constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; <br />b) location and elevations along all swales, wetlands, wetland mitigation areas if any, and ditches, <br />locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) <br />lot corner elevations, and house pads. The City will withhold issuance of building permits until the <br />approved certified grading plan is on file with the City and all erosion control measures are in place <br />as determined by the City Engineer. The Developer certifies to the City that all lots with house <br />footings placed on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G <br />specifications. <br />16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted <br />from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to <br />any construction on the Land, the Developer shall comply with all recommendations of the City staff <br />and City Engineer regarding site cleanup and restoration, including but not limited to contaminated <br />soil removal, junk and debris removal, etc. Also, prior to any construction on the Land, the <br />Developer shall identify in writing a responsible party and schedule for erosion control, street <br />cleaning, and street sweeping. <br />17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and <br />construction required by this Contract and final acceptance by the City, the improvements lying <br />within public easements shall become City property without further notice or action. <br />180976 <br />o <br />196841A <br />