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2018-10-24 CC Packet
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2018-10-24 CC Packet
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construction plans on paper (22 x 34 or 24 x 36). The Developer is responsible for supplying the <br /> county with appropriately formatted plat documents per their requirements. <br /> 23. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any <br /> of the work to be performed by it hereunder, the City may, at its option, perform the work and <br /> the Developer shall promptly reimburse the City for any expense incurred by the City, provided <br /> the Developer, except in an emergency as determined by the City, is first given notice of the <br /> work in default, not less than 48 hours in advance. This Agreement is a license for the City to <br /> act, and it shall not be necessary for the City to seek a Court order for permission to enter the <br /> Plat. When the City does any such work, the City may, in addition to its other remedies, assess <br /> the cost in whole or in part. <br /> 24. HOME OWNERS ASSOCIATION. This Section regarding a Home Owners' <br /> Association ("HOA") shall be one of the subjects addressed in a Supplement to this <br /> Development Agreement. However, the HOA must create a system for deeding the HOA to all <br /> lots, and include the duty for each lot owner to perpetually fund the HOA. The HOA must <br /> identify ownership of common property to include common lands, docks and storm water <br /> features, and any other common property; and to regulate and maintain same. The HOA must <br /> include a mechanism for the City to enforce and/or operate the HOA in the event of a default. <br /> 25. ADJACENT PROPERTIES. <br /> Developer shall grant neighboring properties served by the private road, known as <br /> LaValle Drive, the right to access all public utilities and public roads on the Land, and shall grant <br /> easements for same to serve those properties. While this Agreement requires the Developer to <br /> construct public utility and public road improvements to serve these properties, the Developer is <br /> not responsible for connecting those properties to the improvements. <br /> Version for Council Packet - 10/19/2018 Page 14 <br /> 80 <br />
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