09-14-2020 Council Packet - Laserfiche WebLink

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Natures Refuge Development Agreement September 14, 2020 page 11 ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions. a. Homeowners’ Association Covenants and Restrictions i. The Developer shall establish a Homeowners’ Association (the “HOA”) for all phases of the Development and shall submit a Master Homeowners’ Association Covenants and Restrictions to the City Attorney for review. The Master Homeowners’ Association Covenants and Restrictions shall, among other matters, provide for the collection of annual dues for the HOA’s maintenance obligation for the Common Elements and Improvements as defined in the Covenants and Restrictions (e.g. fences, noise walls, and retaining walls) within each phase of the Development, together with reasonable reserves. The Covenants and Restrictions shall include a requirement that the HOA comply with the _____, 20__ Declaration in favor of the Rice Creek Watershed District and the City of Lino Lakes providing for wetland buffer and upland habitat vegetative maintenance. The Covenants and Restrictions shall provide that the City has the right to perform maintenance of the buffer and habitat areas as required by the Declaration 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. Homeowners’ Association Covenants and Restrictions applicable to each phase will be submitted at the time of final plat approval of each phase, and the City shall have the right to review and to approve those portions of the Covenants and Restrictions for each Community within the Development that are required by the terms of this Agreement. 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. b. Restoration and Management Plan Requirements