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<br />\bt).1r <br /> <br />l... <br /> <br />. <br /> <br />15.) Screening - Coincidental with the submission of each phase for site, <br />bUilding and architectural approval, Developer shall submit a J landscape and <br />screening plan for any residential lots with a side yard or rear yard abutting a <br />major or minor arterial or collec tor street. The City may require reasonable <br />landscaping and screening of said lots abutting on such public streets at the <br />expense of Developer and where said screening is required, it shall be a part of <br />the Developer's Agreement required by the City for each phase. <br /> <br />16.) Developer's Interest in Property - Developer hereby warrants and <br />represents to the City, as inducement to the City's entering into this Agree- <br />ment, that Developer has an interest in the Subject Land as a fee owner. <br /> <br />17.) Compliance ~ City Ordinances - Developer agrees to reasonably <br />comply with all City Council Ordinances consistent with this Planned Development <br />Agreement which may affect the Development. <br /> <br />18.) Buffer Area - Prior to initiating construction of each Phase, the <br />Developer shall S~t to the City for approval a d~tailed plan for buffering <br />and landscaping the setback area between the residential and commercial areas. <br /> <br />19.) Developer shall create a Homeowner's Association before any building <br />permits are issued for the townhomes. Prior to the filing of the Homeowner's <br />Association documents with Sherburne County, they shall be submitted to the City <br />Attorney for review and compliance with this Agreement. <br /> <br />. <br /> <br />(01) The Homeowner's Association shall be responsible for the exterior <br />maintenance of all townhomes in the plat. <br /> <br />(02) The common areas shall be properly maintained by the Homeowner's Asso- <br />ciation including weed control, mowing, utilities care, etc., in accordance <br />with generally recognized standard practice and shall not be significantly <br />altered except as permitted herein. <br /> <br />(03) The Homeowner's Association shall maintain all private streets, park- <br />ing areas or driveways and traffic controls, if any, within the plat (park- <br />ing signs or painted markings for handicapped and no parking zones). <br /> <br />(04) Membership in the necessary Homeowner's Association must be mandatory <br />for each owner and any successive buyer. The dues for such membership must <br />be established to adequately meet the expenses of maintenance and fulfill- <br />ment of all responsibilities of the Homeowner's Association as set forth in <br />this Agreement. A provision must be made in the bylaws of the association <br />to reflect this condition. <br /> <br />20.) Notices - Whenever in this Agreement it shall be required or permitted <br />that notice or demand be given or served by either party to this Agreement to or <br />on the other party, such notice or demand shall be delivered personally or <br />mailed by United States mail to the addresses hereinafter set forth by certified <br />mail (return receipt requested). Such notice or demand shall be deemed timely <br />given when delivered personally or when deposited in the mail in accordance with <br />.e above. The addresses of the parties hereto are as follows, until changed by <br />tice given as above: <br /> <br />