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15.) Screening - Coincidental with the submission of each phase for site, building and architectural approval, Developer shall submit a 'landscape and • • screening plan for any residential lots with a side yard or rear yard abutting a major or minor arterial or collector street. The City may require reasonable landscaping and screening of said lots abutting on such public streets at the expense of Developer and where said screening is required, it shall be a part of the Developer's Agreement required by the City for each phase. 16.) Developer's Interest in Property - Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agree- ment, that Developer has an interest in the Subject Land as a fee owner. 17. ) Compliance with City Ordinances - Developer agrees to reasonably comply with all City Council Ordinances consistent with this Planned Development Agreement which may affect the Development. 18.) Buffer Area - Prior to initiating construction of each Phase, the Developer shall submit to the City for approval a detailed plan for buffering and landscaping the setback area between the residential and commercial areas. 19. ) Developer shall create a Homeowner's Association before any building permits are issued for the townhomes. Prior to the filing of the Homeowner's Association documents with Sherburne County, they shall be submitted to the City Attorney for review and compliance with this Agreement. (01) The Homeowner's Association shall be responsible for the exterior • maintenance of all townhomes in the plat. (02) The common areas shall be properly maintained by the Homeowner's Asso- ciation including weed control, mowing, utilities care, etc. , in accordance with generally recognized standard practice and shall not be significantly altered except as permitted herein. (03) The Homeowner's Association shall maintain all private streets, park- ing areas or driveways and traffic controls, if any, within the plat (park- ing signs or painted markings for handicapped and no parking zones) . (04) Membership in the necessary Homeowner's Association must be mandatory for each owner and any successive buyer. The dues for such membership must be established to adequately meet the expenses of maintenance and fulf ill- ment of all responsibilities of the Homeowner's Association as set forth in this Agreement. A provision must be made in the bylaws of the association to reflect this condition. 20.) Notices - Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested) . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as follows, until changed by • notice given as above: 4.