Agenda - Council Work Session - 08/13/2013

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ARTICLE VI Additional Developer Obligations Section 6.1. Homeowners Association. A homeowners association shall be established along with a written declaration to be approved by the City. The declaration shall include authorization for the city to enforce the provisions if the association fails to do so. The City shall require reimbursement for costs of enforcement including, but not limited to, attorney fees. The declaration may not be amended without City approval, which approval shall not be unreasonably withheld. Section 6.2. Lift Station Easement. The Developer, at Developer's Cost, shall install a lift station to serve the development on Outlot B. The Developer shall provide the City an easement under a separate agreement over Outlot B to allow access for the ongoing maintenance, repair and replacement of the lift station. Section 6.3. Rain Garden Maintenance. The Homeowners Association shall provide documentation for the ongoing maintenance of any rain gardens within the subdivision. The documentation shall include authorization for the City to enforce the provisions if the association fails to do so. The City shall require reimbursement for costs of enforcement including, but not limited to, attorney fees. Section 6.4. Private Storm Sewer/Pond Maintenance. The Homeowners Association shall provide documentation for the ongoing maintenance of any stormwater facilities not within public right-of-way. The documentation shall include authorization for the City to enforce the provisions if the association fails to do so. The City shall require reimbursement for costs of enforcement including, but not limited to, attorney fees. ARTICLE VII City Improvements The City will perform certain improvements according to the following terms and conditions: Section 7.1. Dock System. Provided all construction work and improvements to be performed by the Developer and necessary in order for the City to proceed has been completed, the City shall install, at City's expense and not later than June 10, 2014, a dock system generally north of the County Road 116 Bridge. Section 7.2. Intersection at County Road 116. The City will undertake construction of an intersection with signal lights serving the Property from County Road 116. Substantial completion of the intersection shall take place in 2013. Traffic signals shall be installed in 2014. The Developer agrees to pay the amount of Two Hundred Fifty -Three Thousand and 00/100 Dollars ($253,000) towards construction of the intersection and signal. This amount shall be 12