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<br />described in Section 3.10 and 3.11 of the Purchase and Development Agreement. <br /> <br />15. Blastin!! Prohibited. Developer shall not blast or allow any blasting to take place on <br />the Subject Property. When Developer seeks building pennits from the City, <br />Developer shall identify the method it will use for rock removal on the Subject <br />Property. <br /> <br />16. Li!!htinJl. All lighting on the Subject Property shall be down cast and incorporate cut <br />off shielding so as to direct light onto the parking areas and away from adjacent <br />properties. All lighting on the Subject Property shall be further designed so there are <br />0.5 foot candles at the Subject Property line. <br /> <br />17. Homeowner's AssocUltion. Before the City will sign and release the final plat <br />Developer must submit to the City a Declaration of Covenants, Conditions and <br />Restrictions for City's review and approval. This Declaration shall address such <br />topics as: <br /> <br />A. Ensure maintenance of open space, median plantings, common drives, drive <br />aisles and common utilities. <br /> <br />B. Statement requiring the deeds, leases or documents of conveyance affecting <br />buildings, units, parcels, tracks, townhouses or apartments to be subject to the <br />terms of the Declaration. <br /> <br />C. A provision for the formation of a property owner's association or <br />corporation and that all owners must be members of said association or <br />corporation which shall maintain all properties and common areas in good <br />repair and which shall assess individual property owners proportionate shares <br />of joint or common expenses. The association or corporation may not be <br />terminated or disbanded. <br /> <br />D. Membership in the association shall be mandatory for each owner and any <br />successive buyer. <br /> <br />E. Space restrictions must be permanent and may not be changed or modified <br />without City approval. <br /> <br />F. The association shall be responsible for liability insurance, local taxes and the <br />maintenance of the open space facilities deeded to it. <br /> <br />G. Property owners shall be responsible for their prorated share ofthe costs of <br />the association by means of an assessment to be levied by the association <br />which meets the requirements for becoming a lien on the property and in <br />accordance with Minnesota Statutes. <br />