01-24-2022 City Council Packet - Laserfiche WebLink

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Natures Refuge Development Agreement January 24, 2022 a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. 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 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 page 11