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<br />{00149157 12} 21. <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 the <br />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, rights- <br />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 maintenance <br />of a particular matter or feature fails to meet its maintenance obligations, the City may, but is not <br />obligated to provide for maintenance of that matter or feature and may specially assess the costs <br />of maintenance to individual lot owners as provided for in the Association Covenants, may file a <br />lien as provided for in the Covenants, or may specially assess the costs to individual lots under <br />Minn. Stat. Ch. 429. The Developer and Owner, hereby waive, on their own behalves and on behalf <br />of future owners, any procedural or substantive challenge to assessments under this section. All <br />Covenants for the Project shall include language consistent with this section. <br /> <br />Article XII Environmental Matters <br /> <br />12.1 Alternative Urban Areawide Review (AUAR) <br /> <br />The City approved an Alternative Urban Areawide Review in 2006, an AUAR Update on <br />April 18, 2011, and June 29, 2015. The AUAR detailed environmental conditions and specified <br />required mitigation measures regarding the Property. The Plan complies with the applicable <br />mitigation measures specified in the AUAR, <br /> <br />12.2 Wetlands Mitigation, Buffering and Monitoring <br /> <br />a. The Developer has proposed permanent wetland impacts totaling 9.454 acres. <br />Mitigation obligations for the Development total 13.03 acres. The impacts will be