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

{ (e) all planter boxes installed by Declarant in front yards of Lots; and (f) all streetlights and sidewalks (to the extent that any sidewalks are not maintained by the City of Everett). (g) all trees along any public street or private road within the Property ("Street Trees"). The Association shall maintain and trim all such Street Trees as necessary to maintain clear sight distance to and at all public and private streets within the Property. The Association shall regularly trim each Street Tree until it has grown sufficiently to achieve mature canopies that do not require maintenance. (h) Critical areas and buffers within common areas shall be left in a natural vegetation removal or other activities that are destructive to vegetation unless prior approval is granted by the City of Everett in accordance with areas protection regulations. This does not prohibit the Association from trails in a condition as they were constructed. Except as provided above, the Area of Common Responsibility shall not be reduced by Amendment of this Declaration or any other means without prior written approval of Declarant and CDCG so long as Declarant and CDCG, as applicable, owns any property subject to the Declaration. The Association shall be relieved of its responsibilities under this Section to the extent they are assumed by the City of Everett or any other local, state or federal government entity, except that the Association may provide any additional maintenance for the Area of Common Responsibility transferred to any such government entity, if the Board determines that such additional maintenance is necessary or desirable to maintain the Community -Wide Standards. The Association may also maintain other property which it does not own, including property dedicated to the public, if the Board determines that such maintenance is necessary or desirable to maintain the Community -Wide Standards. Except as otherwise specifically provided, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Lots as part of the Base Assessment without prejudice to the Association's right to seek reimbursement from Persons responsible for such work. In addition to the foregoing, where storm drainage easements and/or sewer easements cross over or under, or are located within the boundaries of any Lot, then the Association shall be responsible for the repair and restoration of the original construction concrete or asphalt walkways, patios, curbs and driveways, fencing and original landscaping (but not improvements installed by an Owner) that are damaged as a result of the maintenance, repair or reconstruction of such public storm drainage 10 DECLARATION OF SIMPSON F:\MBS\Polygon\Simpson Project\Dec CCRs cln4.docx 4/13/2015 Of) 4214264.013