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<br />229446v1 <br />Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for <br />any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit <br />to pay any costs. No development, utility or street construction will be allowed and no building permits <br />will be issued unless the plat is in full compliance with the approved erosion control plan. <br /> 14. GRADING. The plat shall be graded in accordance with the approved grading <br />development and erosion control plan, Plan “B”. The plan shall conform to City of Elk River specifications. <br />Within thirty (30) days after completion of the grading and before the City approves individual building <br />permits (except six model home permits on lots acceptable to the Building Official), the Developer shall <br />provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer <br />that all storm water treatment/infiltration basins and swales, have been constructed on public <br />easements or land owned by the City. The “as constructed” plan shall include field verified elevations of <br />the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations <br />along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow <br />areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads. <br />The City will withhold issuance of building permits until the approved certified grading plan is on file with <br />the City and all erosion control measures are in place as determined by the City Engineer. The Developer <br />certifies to the City that all lots with house footings placed on fill have been monitored and constructed <br />to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including <br />referenced development phases and lot descriptions, shall be submitted to the Building Official for <br />review prior to the issuance of building permits. <br /> Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the <br />City to guarantee compliance with the erosion control and grading requirements and the submittal of <br />an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion <br />Page 75 of 379