2018.11.05 CC Packet - Laserfiche WebLink

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are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit `B," the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this Development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners' association documents within this Development and the same shall be maintained in good condition in accordance with all ordinances and directions of the City. Developer agrees to provide a copy of the property owners' association documents to the City before final plat approval. In the event of failure or refusal of any property owners association to so maintain or repair then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) The City may, free of claims of cost, loss or damage by Developer, withhold any permits at any time because of sewer capacity limitations or other infrastructure limitations. j) Deed restrictions shall advise owners of all lots of the requirements of this Development Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. k) Developer acknowledges that a separate Development Agreement will be entered into at the time of final plat approval of subsequent phases. That Development Agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. 1) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the land which does not comply with the City Zoning Ordinance until final acceptance of the improvements. E. DAMAGES AND DEFAULT: I. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed The Preserve on Sunset Lake 10