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a contribution from another Owner under this Section shall be appurtenant to the land <br />and shall pass to such Owner's successor -in -title. <br />5.5 Private Open Space Area Fences. Any fence installed by Declarant along <br />the boundaries of any Private Open Space Area shall 'be a "Private Open Space <br />Fence." No Private Open Fence may be altered, removed or relocated from the location <br />at which it was installed by Declarant. Private Open Space Fences shall be considered <br />party fences, and shall be jointly maintained by the Owner of the Lot on which such <br />Private Open Space Fence is located and the Owner of the adjoining Lot. A Lot Owner <br />shall be responsible to maintain the portion of any backyard or side yard fencing that is <br />not a Private Open Space Fence. Any replacement fencing shall be built in the same <br />location, having the same dimensions and use the same material as the original fence <br />installed by Declarant. The provisions of this Section 5.5 may not be amended without <br />the prior approval of the City of Everett. <br />ARTICLE 6 <br />INSURANCE AND CASUALTY LOSSES <br />6.1 Association Insurance. The Association, acting through its Board or its <br />duly authorized agent, shall obtain blanket "all-risk" insurance, if reasonably available, <br />for all insurable improvements on the Common Area and other portions of the Area of <br />Common Responsibility for which it has assumed responsibility for maintenance, repair <br />and/or replacement. If blanket "all-risk" coverage 'is not generally available at <br />reasonable cost, fire and extended coverage insurance, including coverage for <br />vandalism and malicious mischief, shall be obtained. The face amount of the policy <br />shall be sufficient to cover the full replacement cost of insured structures. The Board <br />shall also obtain a public liability policy covering the Area of Common Responsibility, <br />insuring the Association and its Members for all damage or injury caused by the <br />negligence of the Association, any of its Members, its employees, agents or contractors <br />acting on its behalf. If generally available at reasonable cost, the public liability policy <br />shall have at least a Two Million Dollar ($2,000,000) combined single limit per <br />occurrence and in the aggregate. The Association shall also obtain, if reasonably <br />available, an umbrella policy providing at least Three Million Dollars ($3,000,000) in <br />additional coverage, bringing total liability coverage to at least Five Million Dollars <br />($5,000,000). <br />Premiums for all insurance shall be Common Expenses included in the Base <br />Assessment. The policies may contain reasonable deductibles which shall be <br />disregarded in determining whether the insurance meets the coverage requirements. In <br />the event of an insured loss, the deductible shall be treated as a Common Expense. <br />However, if the Board reasonably determines, after notice and an opportunity to be <br />heard under the Bylaws, that the loss resulted from negligence or willful misconduct of <br />one or more Owners, then the Board may assess the full amount of such deductible <br />against such Owner(s) and their Lot(s) under Section 9.6. <br />12 <br />DECLARATION OF SIMPSON <br />F:\MBS\Polygon\Simpson Project\Dec CCRs cin4.docx 4/13/2015 00 #214264.013 <br />