AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 68 If any Owner fails to maintain his or her Condominium and Exclusive Use Common Area as required herein, the Association, after notice and hearing as described in the Bylaws, may, but is not obligated to, enter the Condominium or Exclusive Use Common Area and perform the necessary maintenance and repair. The Association may levy a reimbursement assessment against the Condominium in the manner described in Section 6.5. 4.2 Owner's Planters Obligations. If planters are approved by the Architectural Committee to be maintained within any Exclusive Use Common Area, each Owner shall maintain the vegetation within the planters within any Exclusive Use Common Area appurtenant to the Owner's Condominium in a healthy and weed-free condition and shall be responsible for the periodic pruning of the vegetation and the removal of any diseased or overgrown vegetation. Maintenance shall include regular fertilization,irrigation,pruning and other prudent maintenance practices. All vegetation shall be kept neatly trimmed and pruned at all times. 4.3 Association's Maintenance, Repair and Landscaping Obligations. The Association shall maintain in good condition and repair at all times the Association Property Improvements, including, but not limited to, podium,walkways,parking spaces,garage,garage gates,patio fences(including gates and posts), sanitary sewer system,storm drainage systems,fences,and the landscaping and irrigation systems within the Association Property other than the landscaping and irrigation system within the Exclusive Use Common Area patios, provided that the Association shall inspect, maintain, repair and replace the area drains and underground storm drain pipes located within the Exclusive Use Common Area patios. Except for the HVAC system maintained by the Owner as described in Section 4.1, the Association shall maintain, repair and replace the utilities lines and equipment within the Association Property unless maintained or repaired by a public or private utility company. Storm drain facilities shall be maintained in compliance with the Stormwater Agreement described in Section 1.29. Costs incurred by the Association in maintaining, repairing or replacing any utility equipment exclusively serving one Condominium shall be allocated to the Condominium served by the utility as described in Section 4.1. The Association shall maintain the landscaping and Improvements within City property as required under the Landscape Maintenance Agreement described in Section 1.19. The Association shall have the Association Property periodically inspected for wood-destroying pests and organisms and shall take appropriate corrective measures therefor. In order to reduce the potential for water damage (including mold growth), the Association shall perform each of the following steps: (i)periodically inspect all portions of the Association Property and other areas maintained by the Association that are accessible from areas maintained by the Association for water leaks, other evidence of water intrusion (such as condensation on windows or walls, water stains or other types of water damage)and for the presence of molds,fungi and their spores (collectively"Mold"); (ii) if any water leaks,water intrusion and/or Mold are detected, immediately(if applicable)take appropriate corrective steps to repair the leak and/or reduce water intrusion and repair any resulting water damage (including the removal of any Mold); (iii)maintain proper ventilation within enclosed areas and humidity levels to reduce the risk of water damage (including Mold growth); (iv) periodically inspect any water-retaining equipment to ensure that they are properly functioning and not leaking water or otherwise creating water damage(including Mold growth) to the Association Property; and (v) take such other prudent steps as may be appropriate to prevent water leaks and water intrusion and to repair all leaks,sources of water intrusion and water damage (including Mold growth). All landscaping to be maintained by the Association shall be maintained pursuant to the Landscape Maintenance Agreement described in Section 1.19 and in a healthy and weed-free environment. Maintenance shall include regular fertilization, mowing, irrigation, pruning, planting and other prudent landscaping practices,of all trees,shrubs,flowers,grass and all appurtenances, including irrigation systems and pedestrian scale lighting, in the Development and in public rights of way. All on-site planting shall be salt tolerant. All trees shall be kept neatly trimmed and pruned at all times. The Association shall remove and replace all dying or dead vegetation. The Association shall take appropriate steps to maintain the irrigation of the landscaping and to prevent damage resulting from misdirected and/or excessive watering. CLSS\51643\927586.5 14 June 16,2014