Nothing above contained, however, shall be construed to permit use or occupancy of any Improvement or other facility in a way which would violate applicable use and occupancy restrictions imposed thereon by other provisions of this Declaration. (I) Manager. To retain and pay for the services of a person or firm (the “Manager”) to manage and operate the Master Association, including its property, to the extent deemed advisable by the Board. Additional personnel may be employed directly by the Master Association or may be furnished by the Manager. To the extent permitted by law, the Master Association and the Board may delegate any other duties, powers and functions to the Manager. The members of the Master Association hereby release the Master Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power or function so delegated. (J) Association Property Services. To pay for water, sewer, garbage, removal, landscaping, gardening and all other utilities, services and maintenance for all Common Properties, to maintain and repair easements, roads, roadways, rights-of-way, parks, parkways, median strips, sidewalks, paths, trails, ponds, lakes and other areas of the Property, as appropriate and the maintenance of which has not been accepted by the appropriate governmental entity; and to own and operate any and all types of facilities for both active and passive recreation. (K) Other Services and Properties. To obtain and pay for any other property and services, and to pay any other taxes or assessments which the Master Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Declaration, or the Articles or Bylaws of the Master Association. (L) Construction on Association Property. To construct new Improvements or additions to Common Properties, subject to the approval of the Architectural Control Committee as provided in this Declaration. (M) Contracts. To enter into contracts with Declarant and other persons on such terms and provisions as the Board shall determine, to operate and maintain any Greenbelt or Amenity Area or to provide any service or perform any function on behalf of Declarant or any Person. (N) Property Ownership. To acquire and own and to dispose of all manner of real and personal property, whether by grant, lease, gift or otherwise. 5.5 Maintenance and Landscape Authority. The Master Association shall maintain all street and roadways within the Property, which have been completed but not accepted by the appropriate governmental entity for maintenance. In addition, the Master Association shall be authorized to landscape, maintain and repair all easements, access easements, rights-of-way, median strips, sidewalks, paths, trails, detention ponds and other areas of the Property, as appropriate. The Master Association shall maintain all Amenity Areas dedicated to the Master Association for maintenance, by or with the consent of Declarant. The Master Association shall also maintain any landscaped medians and boulevard areas, not fronting lots, located in the public right-or-way. 5.6 Lighting. The Master Association shall pay for electrical service and for all other coasts and expenses necessary to operate and maintain the lighting within street right-of-ways. 5.7 Common Properties. Subject to and in accordance with this Declaration, the Master Association, acting through the Board, shall have the following duties: (A) To accept, own, operate and maintain all
Areas which may be conveyed or leased to it by Declarant, together with
all Improvements of whatever kind and for whatever purpose which may
be located in said area; and to accept, own, operate and maintain all
other Common Properties, real and personal, conveyed or leased to the
Master Association by the Declarant and to maintain in good repair and
condition all lands improvements and other Master Association property
owned by or leased to the Master Association.
Such maintenance shall include, but not be limited to, mowing
and removal of rubbish or debris of any kind. |
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