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10 <br /> <br /> h) Property Owners Association. When required as a condition of <br />approval outlined in Exhibit B, the Developer agrees to form a property owners association, <br />membership in which shall be mandatory for all of the lots within this development. The property <br />owners association shall be responsible for maintenance and repair of all common elements as listed <br />in the property owners association documents within this development and the same shall be <br />maintained in good condition in accordance with all City ordinances and reasonable directions of the <br />City. Developer agrees to provide a copy of the property owners association documents to the City <br />prior to the recording of the final plat. In the event of failure or refusal of any property owners <br />association to so maintain or repair the common elements then the City may, with seven days written <br />notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work <br />and assess each of the lots within the plat for the cost of the work. <br /> <br /> i) Intentionally deleted <br /> <br /> j) The property owners association documents shall advise owners of <br />all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, <br />INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A <br />DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT <br />THE OFFICE OF 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 in the development. That <br />Development Agreement will address, among other things, necessary improvements to be made, <br />financial guarantees to be provided, and the amount of the development fees to be paid by the <br />Developer. <br /> <br /> l) Developer shall remove all tree waste, junk, miscellaneous debris, <br />junk vehicles, and any other personal property from the Plat 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 <br />substantially completed by the City. Specifically, Developer agrees to immediately pay to the City <br />liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which <br />occurs in violation of this paragraph. The City shall be authorized to retain an appropriate <br />percentage of the financial guarantee referred to in paragraph 4 as security for payment of any <br />liquidated damages owed to the City. Model Homes are exempt from this section. <br /> <br /> 2. Developer agrees to pay liquidated damages to the City, in the amount of <br />Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or <br />utility easement not permitted on the plans without first obtaining a written permit from the City <br />expressly authorizing said encroachment. The City shall be authorized to retain an appropriate