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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 /> 5 <br /> 196841v4 <br />