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Watermark 4th Addition Development Agreement April 12, 2021 page 13 f. Homeowners’ Association Covenants and Restrictions The Developer shall establish a Homeowners’ Association (the “HOA”) in accordance with the Master Development Agreement. The Homeowners’ Association Covenants and Restrictions shall, among other matters, provide for the collection of annual dues for the HOA’s maintenance obligation for the [fence and noise wall, collectively, the “Buffer”] within each phase of the Development, together with reasonable reserves. The Covenants and Restrictions shall provide that the City has the right to perform maintenance of the Buffer if the HOA fails to do so in compliance with applicable rules and regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid for by the HOA dues. Any amendments to the Homeowner’s Association Covenants impairing the rights of the City shall be approved by the City Attorney. The Developer and Owner hereby waive, on their own behalves and on behalf of future owners, any procedural or substantive challenge to assessments under this section. All Covenants for the Project shall include language consistent with this section. g. Watermark Way access to 20th Avenue North (CSAH 54) shall not be open to traffic until 20th Avenue North (CSAH 54) turn lane construction is completed. h. The box culvert design shall include a geotechnical evaluation where the absence of peat is verified a reasonable distance below the culvert. The overall design and layout for this section of Watermark Way shall be approved by the City prior to the City issuing a grading permit. Such approval shall not be unreasonably withheld. i. The developer shall provide a 20 foot wide trail easement based on the centerline of the newly constructed trail. j. Existing wells shall be properly abandon per state requirements. k. Stormwater Re-use Agreements for pumps one, two and three shall be executed prior to the recording of the final plat for the Watermark 4th Addition. 19. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 20. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property