02-28-2005 Council Packet - Laserfiche WebLink

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C. Covenants 1. 2. 3. 4. 5 6. The^Developer shall establish covenants governing the development and containing as a minimum the following elements; Creation of Homeowners Association(s). Establisliing rights & responsibilities of HA(s) and/or others. Granting of the various required easements as noted within this and other approval documents. Addressing prope^ maintenance responsibilities, including maintenance of the common areas, private roads and other facilities, and the stormwater pond. Establishing use restrictions. Establishing architectural and landscaping standards, including maintenance thereof. Establishing specific covenants to address the following; a. The City ’s Public Works operation may be a 24-hour operation dependent on weather and other emergency situations. Covenants shall include a provision requiring disclosure to Lofts unit buyers regarding the Lofts buildings proximity to Public Works to help limit the expected complaints about City activity and noise from the Public Works site. Further, a disclosure regarding the proximity to potential Public Works operations of the most northwesterly uruts of the rambler townhornes shall be required of the buyers of said units to help limit the expected complaints about City activity and noise from such operations. Language should be incorporated that documents police department accessibility (right-of-entry) and rights to enforce parking or other laws or ordinances on private roads or common areas, c. Incorporate into the language an acceptable definition of “Drainage and Utilities Easement ” as used on the plat drawings. P. Installation and Maintenance of Improvements Improvements; In accordance wim the policies and ordinances of the City of Orono, the following described public or private improvements (hereinafter collectively called* the “Improvements ”) shall be constructed and installed by the Developer according to the terms and conditions contained in this PUD Agreement. Maintenance of all improvements shall be as described under item 13 of this section. Specifically; (a) Phase I improvements shall be as outlined in section B.2. of this document. (b) Site grading, streets, driveways, concrete curb and gutter, parking lots, sidewalks retaining walls if required and all necessary erosion control measures per the Grading, Drainage & Erosion Control Plan attached hereto as Exhibit B (hereinafter called "site grading improvements"); 1. Page 6 of 19 Developer Initial City Clerk Initia l^/737