CC&R ARTICLE F: Maintenance of Facilities
Section 1. Facilities. As a part of the improvements made in connection with the plan of subdivision, certain improvements have been provided by Declarant. The following improvements are located on Tracts A, B and C of the Plat of The Lake At Winterwood which shall be conveyed to the Community Organization:
- Lighting at the entrance to the Plat on 180th S.E.;
- A non-potable irrigation system for irrigation of portions of such Tracts;
- A private lake located in Tract A, together with a lighting system, a wier for the control of the elevation of the surface of the lake and to protect downstream areas from storm water runoff; and
- Trails, playground equipment, walkways, bridges, dock and other recreational facilities, and landscaped and natural growth areas.
In addition, each of the nine cul-de-sacs in the Plat have landscaped islands within the public right of way and electrical stubouts have been provided at 19 various locations within the Plat to which electroliers may be connected at the option of the Community Organization to provide additional street lighting.
Section 2. Maintenance. In consideration of conveyance of the Tracts to the Community Organization and the lien rights granted to the Community organization under this instrument, the Community Organization hereby covenants and agree (a) that it shall maintain in good order and repair all of the improvements described in Section 1 above, shall tend and care for the landscaped areas, and shall pay for and bear the cost of the foregoing, (b) that it shall pay the premium for and maintain at all times liability insurance for loss or injury to person or property in the aggregate amount determined by its directors, but in no event less than $1,000,000 for each occurrence with provision that the policy shall inure to the benefit of the members of the Community Organization, (c) that it will pay the cost of all power needed to operate the foregoing facilities, (d) that if it elects to install electroliers, all costs in connection therewith shall be borne by it; and (e) that it will reasonably mow and cut down grass and other growth in and along the ditches and shoulders of the roads within the Plat to the extent the same is not maintained by the public and keep such areas reasonably free from debris.
Section 3. Lot Light. At the time that each Lot is improved, the owner shall cause an electric light detached from the building and located near the front of the Lot to be installed. The light shall be of a type, size and appearance as determined by the Architectural Control Committee and shall be located at a place determined by the Architectural Control Committee which determination shall be based upon establishing an artistically pleasing and compatible plan for lighting the streets in the Plat. As a covenant running with land, each lot owner shall, at the owner's expense, cause such light to be operated during the hours of darkness and shall maintain the light in good repair. The Community Organization shall have the right to enforce this obligation.