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D. The Developer shall establish a homeowners association providing that the <br /> homeowners association will be responsible for all future maintenance of the stormwater ponds <br /> and facilities within the Land. <br /> E. • The Developer shall construct a private road on the Land to provide access <br /> to the three residential building lots,southeastward from Willow Drive. The private road may be <br /> designed to preserve existing vegetation,subject to the approval of the City Engineer. Before the <br /> City signs the Plat, the Developer shall provide the City with an appropriately executed <br /> permanent road, drainage, and utilities easement, in recordable form, over the outlot containing <br /> • <br /> the private road. The homeowners association covenants shall provide that the private road will <br /> be maintained to reasonable standards at all times by the homeowners association and that failure <br /> of the homeowners association to so maintain the private road will be cause for the City to <br /> accomplish the needed maintenance and to assess the benefited properties for the direct cost of <br /> such maintenance. Before the City signs the Plat, the Developer shall also provide a separate <br /> "Declaration of Private Covenants,Conditions, Restrictions and Private Roadway Easement"for <br /> maintenance of same over the private road outlot. <br /> F. All lots have been tested and found capable of providing suitable primary <br /> and alternate sites for on-site sewage treatment systems. For all lots, mound systems will be <br /> required. Special precautions, including but not limited to protective covenants as well as <br /> physical barriers during construction activity,must be taken to protect these sites on both a short- <br /> term and long-term basis,as municipal sewers are not projected to be extended to serve the Land. <br /> Before the City signs the Plat,the Developer shall furnish an appropriately executed Declaration <br /> of Restrictive Covenant for Protection of Sewage Treatment Sites, in recordable form. <br /> Page 10 of 22 <br /> 165101v2 <br />