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<br />{00149157 12} 21. <br />otherwise, to the assessments set forth in this Section, including notice and hearing <br />requirements, and any claim that the assessments exceed the benefit to the Property. This <br />waiver shall be effective provided the total Surface Water Management Fee does not <br />exceed $2,134,157.10. <br /> <br /> <br />Article XI Homeowners’ Association <br /> <br />11.1 Homeowners’ Association Covenants and Restrictions <br /> <br />The Developer shall establish a Master Homeowners’ Association (the “HOA”) for all <br />phases of the Development and has submitted the Master Homeowners’ Association Covenants <br />and Restrictions to the City Attorney for review. The Master Homeowners’ Association <br />Covenants and Restrictions shall, among other matters, provide for the collection of annual dues <br />for the HOA’s maintenance obligation for the open space, restoration, wetland and buffer, and <br />storm water treatment areas (collectively, the “Open Space”) within each phase of the <br />Development, together with reasonable reserves. The Master Covenants and Restrictions shall <br />provide that the City has the right to perform maintenance of the Open Space if the HOA fails to <br />do so in compliance with applicable rules and regulations, and allow for the City to assess a lien <br />or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid <br />for by the HOA dues. Homeowners’ Association Covenants and Restrictions applicable to each <br />phase will be submitted at the time of final plat approval of each phase, and the City shall have <br />the right to review and to approve those portions of the Covenants and Restrictions for each <br />Community within the Development that are required by the terms of this Agreement. Any <br />amendments to the Master or Community Covenants impairing the rights of the City shall be <br />approved by the City Attorney. The Developer may create sub-HOA’s for distinct areas of the <br />Development. The Developer and Owner hereby waive, on their own behalves and on behalf of <br />future owners, any procedural or substantive challenge to assessments under this section. <br /> <br />11.2 Maintenance of Neighborhood and Community Association Common Areas <br /> <br />All improvements, turf, and landscaping located in or on common areas, boulevards, <br />rights-of-way, open space, Association-maintained streets, and Association easements on private <br />homesites shall be maintained by an Association formed by the Developer. The Covenants and <br />Restrictions shall provide that the Association designated as the entity responsible for <br />maintenance of a particular matter or feature fails to meet its maintenance obligations, the City <br />may, but is not obligated to provide for maintenance of that matter or feature and may specially <br />assess the costs of maintenance to individual lot owners as provided for in the Association <br />Covenants, may file a lien as provided for in the Covenants, or may specially assess the costs to <br />individual lots under Minn. Stat. Ch. 429. The Developer and Owner, hereby waive, on their own <br />behalves and on behalf of future owners, any procedural or substantive challenge to assessments <br />under this section. All Covenants for the Project shall include language consistent with this <br />section. <br /> <br />Article XII Environmental Matters <br />