3000 41ST ST WHOLE SITE DOCUMENTS 2026-01-15

landscaping shall be installed within one hundred twenty (120) days of the closing of the 'original purchase of the Lot by the original purchaser. Such landscaping shall include plant material, sod, seed and mulch. If inclement weather conditions or other uncontrollable events prevent timely installation of said landscaping, the Lot Owner must request an extension .of this 120-day period from the ACC (see Section 10.2 below) in writing. For purposes of this Section, the "rear yard" of a Lot shall be defined as the portion of a Lot'within the fence ,lines of that particular Lot and also in Private Open Space Easement Area reserved for the use of that Lot. As part of the initial landscaping work to be performed by a_ Lot Owner, the Lot Owner and its landscaper shall be responsible for making certain that the final grade of the Lot slopes toward the catch basin installed on or near the Lot. ARTICLE 5 MAINTENANCE 5.1 . Association's Responsibility. The Association shall maintain and keep in good repair the Areas,of Common Responsibility, which.shall include but need not be limited to: (a) all Common Areas including, but not limited to (i) private access drives, (ii) vehicle and pedestrian access easements, (iii) joint use and maintenance agreements, (iv) common off-street parking, (v) common open space (including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas), (vi) private utility infrastructure (including, but not limited to, underground utilities and utility easements), (vii) any other common area buildings or improvements, and (viii) the individual stormwater facilities that exist on the Property (including catch basins, pipes, flow splitter, bioswale, detention vault, flow control structure, and outfall structures and piping), the details of which facilities are set forth in the storm drainage plans approved by the City;_ (b) any contract, easement or agreement for maintenance thereof entered into by either the Association or Declarant, on behalf of the Association, to be included within the Areas of Common Responsibility, including such landscaping and. other flora, parks,- fencing, irrigation, signs, other recreation areas, structures, improvements, streets and bike/pedestrian pathways/trails; (c) any property and facilities owned by Declarant made available on a temporary or permanent basis for the primary use and enjoyment of the Association and its Members, and identified by written notice from Declarant to the Association until Declarant revokes such privilege of use and enjoyment by written notice to the Association; (d) all mailbox kiosks and related improvements; 9 DECLARATION OF SIMPSON F:\MBS\Polygon\Simpson Project\Dec CCRs cln4.docx 4/13/2015 Uj #214264.013 i