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Eastside Villas <br />Development Agreement <br />April 22, 2019 <br /> page 11 <br />phase of the Development, together with reasonable reserves. The <br />Declaration shall provide that the City has the right to perform <br />maintenance of the Improvements if the HOA fails to do so in compliance <br />with applicable rules and regulations, and allow for the City to assess a <br />lien or a Minn. Stat. Ch. 429 special assessment against the homesites for <br />work which was to be paid for by the HOA dues. Declarations applicable <br />to each phase will be submitted at the time of final plat approval of each <br />phase, and the City shall have the right to review and to approve those <br />portions of the Covenants and Restrictions for each Community within <br />the Development that are required by the terms of this Agreement. Any <br />amendments to the Homeowner’s Association Declaration impairing the <br />rights of the City shall be approved by the City Attorney. The Developer <br />and Owner hereby waive, on their own behalves and on behalf of future <br />owners, any procedural or substantive challenge to assessments under <br />this section. All Declarations for the Project shall include language <br />consistent with this section. <br /> <br />b. The existing house at 2182 Cedar Street shall be removed prior to the issuance <br />of any single family home building permits. <br /> <br />i. A building permit is required for the removal of the existing house. <br /> <br />c. The existing septic system and private well at 2182 Cedar Street shall be <br />properly removed/sealed and approved by the City prior to the issuance of any <br />single family home building permits. <br /> <br />d. No single family home building permits, except for one (1) model home permit, <br />shall be issued prior to the installation of the noise fence along I-35E and screen <br />fence along Cedar Street according to plan specifications and approved by the <br />City. <br /> <br />20. Hours of Construction Activity. <br />All construction activity shall be limited to the hours as follows: <br />Monday through Friday 7:00 a.m. to 7:00 p.m. <br />Saturday 9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays No working hours allowed <br /> <br />21. Insurance. Developer or its general contractor shall take out and maintain until one <br />year after the City accepted the Developer Improvements, public liability and property <br />damage insurance covering personal injury, including death, and claims for property <br />damage which may arise out of the Developer's or general contractor’s work, as the <br />case may be, or the work of its subcontractors or by one directly or indirectly employed