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(30) days after completion of the grading and before the City approves individual building permits the <br />Developer shall provide the City with an "as constructed" grading plan certified by a registered land <br />surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public <br />easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits <br />to the Developer, prior to completion of all grading, provided the City Engineer has determined that <br />adequate erosion control measures are in place. The "as constructed" plan shall include field verified <br />elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, <br />wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, <br />and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City will withhold <br />issuance of building permits until the approved certified grading plan is on file with the City and all erosion <br />control measures are in place as determined by the City Engineer. The Developer certifies to the City that <br />all lots with house footings placed on fill will have been monitored and constructed to meet or exceed <br />FHA/HUD 79G 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 any <br />construction on the Land, the Developer shall identify in writing a responsible party and schedule for <br />erosion control, street cleaning, and street sweeping. <br />17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. <br />Developer shall enter into and cause to be duly recorded in the office of said County Recorder a <br />declaration of covenants, conditions, restrictions and easements (the "Declaration"), the form and <br />substance of which shall be subject to City approval, governing, among other things, the maintenance <br />and use of the private roadway on the Land to serve all Lots within the Land. The homeowners <br />association covenants shall provide that the private road will be maintained to reasonable standards at all <br />times by the homeowners association and that failure of the homeowners association to so maintain the <br />private road will be cause for the City to accomplish the needed maintenance and to assess the benefited <br />188905v1 6 <br />