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<br /> <br /> <br />Development 10 <br />in the property owners’ association documents within this Development and the same shall be <br />maintained in good condition in accordance with all ordinances and directions of the City. Developer <br />agrees to provide a copy of the property owners’ association documents to the City before final plat <br />approval. In the event of failure or refusal of any property owners association to so maintain or repair <br />then the City may, with seven days written notice and without regard to the requirements or <br />formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the <br />cost of the work. <br /> <br /> i) The City may, free of claims of cost, loss or damage by Developer, <br />withhold any permits at any time because of sewer capacity limitations or other infrastructure <br />limitations. <br /> <br /> j) Deed restrictions shall advise owners of all lots of the requirements of <br />this Development Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE <br />LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT <br />AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF <br />THE WASHINGTON COUNTY RECORDER. <br /> <br /> k) Developer acknowledges that a separate Development Agreement will <br />be entered into at the time of final plat approval of subsequent phases. That Development Agreement <br />will address, among other things, necessary improvements to be made, financial guarantees to be <br />provided, and the amount of the development fees to be paid by the Developer. <br /> <br /> l) Developer shall remove all tree waste, junk, miscellaneous debris, <br />junk vehicles, and any other personal property from the land which does not comply with the City <br />Zoning Ordinance until final acceptance of the improvements. <br /> <br />E. DAMAGES AND DEFAULT: <br /> <br /> 1. Developer agrees to pay liquidated damages to the City if any lot has a real <br />estate closing occur before all public improvements within the Plat are certified as being substantially <br />completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated <br />damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in <br />violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the <br />financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed <br />to the City. <br /> <br /> 2. Developer agrees to pay liquidated damages to the City, in the amount of Five <br />Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility <br />easement not permitted on the plans without first obtaining a written permit from the City expressly <br />authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of