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<br />recording to ensure maintenance of open space, median plantings, cul-de-sac plantings, common <br />drives, and common utilities. The declaration shall include, but is not limited to, the following: <br /> <br />(a) A statement requiring the deeds, leases or documents of conveyance affecting <br />buildings, units, parcels, tracts, townhouses, or apartments is subject to the <br />terms of the declaration. <br /> <br />(b) A provision for the formation of a property owners association or corporation <br />and that all owners must be members of said association or corporation which <br />may maintain all properties and common areas in good repair and which may <br />assess individual property owners proportionate shares of joint or common <br />costs. The association or corporation must remain in effect and may not be <br />terminated or disbanded. <br /> <br />(c) Membership in the association shall be mandatory for each owner and any <br />successive buyer. <br /> <br />(d) Any open space restrictions must be permanent and may not be changed or <br />modified without city approval. <br /> <br />( e) The association is responsible for liability insurance, local taxes and the <br />maintenance of the open space facilities deeded to it. <br /> <br />(f) Property owners are responsible for their pro-rata share of the cost of the <br />association by means of an assessment to be levied by the association which <br />meet the requirements for becoming a lien on the property in accordance with <br />Minnesota Statutes. <br /> <br />(g) The association may adjust the assessment to meet changing needs. <br />2. All disturbed areas on this property shall be stabilized with rooting vegetative cover to <br />eliminate erosion problems. <br /> <br />3. The disturbed areas ofthe site shall be maintained to the requirements ofthe City's property <br />maintenance ordinance. <br /> <br />4. Final approval of the development grading and utility plans by the City of Hastings. The <br />applicant shall be liable for any costs involved in consultant review of the plans. <br /> <br />5. Execution of a development agreement to memorialize the conditions of the plat and to <br />establish any applicable escrow amounts to guarantee the completion of site plan activities <br />prior to issuance of any building permits. <br /> <br />6. Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of <br />estimated valuation prior to issuance of a certificate of occupancy. <br />