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with the City's current seeding specification which may include certified oat seed to provide a <br />temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and <br />disc anchored as necessary for seed retention. The parties recognize that time is of the essence in <br />controlling erosion. If the Developer does not comply with the erosion control plan and schedule <br />or supplementary instructions received from the City, the City may take such action as it deems <br />appropriate to control erosion. The City will endeavor to notify the Developer in advance of any <br />proposed action, but failure of the City to do so will not affect the Developer's and City's rights <br />or obligations hereunder. If the Developer does not reimburse the City for any cost the City <br />incurred for such work within ten(10) days,the City may draw down the "security" to pay any <br />costs. No development, utility, or street construction will be allowed and no building permits will <br />be issued unless the Land is in full compliance with the approved erosion control plan. <br />15. GRADING PLAN. The land within the Plat shall be graded in accordance with <br />the City-approved Grading Plan. The plans shall conform to City of Orono specifications. Within <br />thirty (30) days after completion of the grading and before the City approves individual building <br />permits on the lots, the Developer shall provide the City with an "as constructed" grading plan <br />certified by a registered land surveyor or engineer that all improvements are completed <br />according to the approved plan. Notwithstanding the foregoing,the City may issue building <br />permits to the Developer, prior to completion of all grading,provided the City Engineer has <br />determined that adequate erosion control measures are in place. The "as constructed" plan shall <br />include field verified elevations of the following: a) location and elevations along all swales, and <br />ditches; and b) lot comer elevations. <br />16. CLEAN UP. The Developer shall clean dirt and debris from streets that has <br />resulted from construction work by the Developer, builders, subcontractors, their agents or <br />235929v3