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9) Home Owners Association, The Subdivider agrees to and has <br />created a viable home owner association with the necessary maintenance agreements, <br />acceptable to the City, which will be responsible for the ownership and maintenance <br />of among other things; common facilities, private roads, private sewer and water <br />lines, open space, pathways, drainage ways, and drainage ponds, and any of the <br />Improvements herein which are not to be accepted by the City for public ownership <br />and maintenance. Such maintenance shall include among other things, repair, replace- <br />ment when necessary, snow removal, grass cutting, weed control, clean-up of trash <br />and debris, mosquito control, odor control, drainage ways, silt removal from <br />drainage ponds, grading and surfacing of private roads. If a reasonable maintenance <br />standard is not maintained by the home owners association, the City shall have the <br />right to take corrective action it deems appropriate to protect the health, safety <br />and welfare of the public and to assess against said home owners association and/or <br />the land in the subdivision for all costs incurred therefor. Such corrective <br />action will not change the status of a private Improvement. <br />10) Special Provisions. Subdivider agrees to all other provisions <br />and requirements as set forth in Exhibit E attached hereto. <br />11) Issuance of Building Permits. The City may not grant building <br />permits and/or certificates of occupancy for development of residential structures <br />in the subdivision until the conditions set forth in Exhibit F hereto have been <br />met. <br />12) Resolutions of City. Subdivider agrees to be bound by the <br />provisions set forth in the resolution of the City Council approving the Final <br />Plat of this Subdivision. <br />13) Binding Effect. The terms and provisions hereof shall be binding <br />upon and inure to the benefit of the heirs, representatives, successors and assigns <br />of the parties hereto and shall be binding upon all future owners of all or any <br />part of the subdivision and shall be deemed covenants running with the land. <br />References herein to Subdivider, if there be more than one, shall mean each and all <br />of them. This agreement, or a short form thereof to be executed by the Subdivider, <br />Lynn L. Chari son. Subdivider <br />Signature of City Clerk <br />• I