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<br />14 <br />188068v5 <br />may take such action as it deems appropriate to control erosion. The City will endeavor to notify Developer <br />in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the <br />City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City <br />incurred for such work within thirty (30) days after the Developer receipt of the City’s written request <br />therefor (which written request must be substantiated by reasonable evidence of the City’s costs), the City <br />may draw down the Letter of Credit to pay any costs. No construction, street or utility construction will be <br />allowed and no building permits will be issued unless the site grading is in compliance with the Erosion <br />Control Plan. <br /> 13. GRADING PLAN. The Development shall be graded in accordance with the Grading <br />Plan and Erosion Control Plan. The Grading Plan shall conform to City specifications. Within thirty (30) <br />days after completion of the grading and before the City approves individual building permits the Developer <br />shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or <br />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 <br />the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland <br />mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed <br />"conservation area" posts; and c) lot corner elevations. 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. <br /> 14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from <br />construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction, the <br />Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and <br />street sweeping.