2019-05-22 CC Packet - Laserfiche WebLink

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the Plat. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 24. HOMEOWNERS ASSOCIATION. All common open space within Outlot A must be conveyed to a homeowners' association or similar organization ("HOA") for the perpetual maintenance of the planned development. The common open space must be conveyed to the HOA subject to covenants, to be approved by the City Council, which restrict the common open space to the uses specified on the final development plan, and which provide for the perpetual maintenance of the common open space in a manner that assures its continuing use for its intended purpose. The HOA must create a system for deeding the HOA to all lots, and include the duty for each lot owner to perpetually fund the HOA. The HOA must identify ownership of common property to include common lands, storm water features, common open space, and any other common property; and to regulate and maintain same. The HOA must include a mechanism for the City to enforce and operate the HOA in the event of a default. If Outlot A contains common open space, the Developer shall create and record the HOA covenants against all lots created after Final Plat, Phase One. 25. TRAIL CONSTRUCTION AND ADJACENT PROPERTIES. Developer shall connect the roadway and public improvements within its development to the roadway and public improvements existing at the north end of Revoir Street within the Plat for Acorn Creek, Second Edition. Developer shall also construct a public trail from the cul-du- sac in Block 1 of its development to the existing public trail at the northwest corner of Acorn Creek Park. The design of the public trail shall be set forth in document incorporated into the Plans, and Developer shall provide the public with an easement for the public trail constructed pursuant to the Plans. The entire public trail shall be constructed during Phase One. Such VERSION FOR COUNCIL 05/22/2019 Page 16