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15. GRADING PLAN. The Land shall be graded in accordance with the approved grading <br />and erosion, control plan, Plan "B". The plan shall conform to City of Orono specifications. Within thirty <br />(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 surveyor <br />or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements <br />or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the <br />Developer, prior to completion of all grading, provided the City Engineer has determined that adequate <br />erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the <br />following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation <br />areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation <br />area" posts; and c) lot corner elevations, and house pads. The City will withhold issuance of building permits <br />until the 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 footings placed <br />on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. <br />16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from <br />construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction <br />on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street <br />cleaning, and street sweeping. <br />17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Developer <br />shall enter into and cause to be duly recorded in the office of said County Recorder a declaration of <br />covenants, conditions, restrictions and easements (the "Declaration"), the form and substance of which shall <br />be subject to City approval, governing, among other things, the maintenance and use of the private roadway <br />on the Land to serve all Lots within the Land. The homeowners association covenants shall provide that <br />the private road will be maintained to reasonable standards at all times by the homeowners association and <br />that failure of the homeowners association to so maintain the private road will be cause for the City to <br />19D443v2 6 <br />