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<br />#10634702v3 <br /> <br />15 <br /> <br />9.2 Association Maintenance of Landscaping Areas. If Declarant or the Association <br />installs any landscaping within the Landscaping Areas, then the Association shall have <br />the right and the obligation to operate, maintain, repair and replace the landscaping <br />within the Landscaping Areas. Maintenance may include fertilizing, weeding, watering, <br />mowing, raking, pruning, controlling erosion, repair and replacement of landscaping, and <br />any other work reasonably required to keep the Landscaping Areas attractive and sound. <br />For so long as Declarant owns any Homesite, Declarant’s written consent is required <br />before any landscaping is removed within the Landscaping Areas without being replaced. <br /> <br />9.3 Maintenance by Owner. Except for the Maintenance provided by the Association under <br />Section 9.1 and 9.2, all Maintenance of the Dwellings and Homesites shall be the sole <br />responsibility and expense of the Owners thereof. <br /> <br />9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary in this <br />Section, if, in the judgment of the Association, the need for Maintenance of any part of <br />the Property is caused by the willful or negligent act or omission of an Owner or <br />Occupant, or their guests, or by a condition in a Homesite which the Owner or Occupant <br />has willfully or negligently allowed to exist, the Association may cause such damage or <br />condition to be repaired or corrected (and enter upon any Homesite to do so), and the cost <br />thereof may be assessed against the Homesite of the Owner responsible for the damage. <br /> <br />SECTION 10 <br />INSURANCE <br /> <br />10.1 Required Insurance. The Association shall obtain and maintain, at a minimum, a <br />master policy of insurance in accordance with the requirements set forth herein, issued by <br />a reputable insurance company or companies authorized to do business in the State of <br />Minnesota, as follows: <br /> <br />a. The Association shall have the option, but not the obligation to obtain and <br />maintain property insurance covering the risk of physical loss of the Common <br />Areas. The policy or policies may cover personal property owned by the <br />Association. The type and amount of any such coverage shall be determined by <br />the Board. <br /> <br />b. Comprehensive public liability insurance covering the use, operation and <br />Maintenance of the Common Areas, with minimum limits of $1,000,000 per <br />occurrence, against claims or death, bodily injury and property damage, and such <br />other risks as are customarily covered by such policies for projects similar in <br />construction, location and use to the Property. The policy shall contain a <br />“severability of interest” endorsement which shall preclude the insurer from <br />denying the claim of an Owner or Occupant because of negligent acts of the <br />Association or other Owners or Occupants. The policy shall include such <br />additional endorsements, coverages and limits with respect to such hazards as <br />may be required by the regulations of the FHA or FNMA as a precondition to <br />their insuring, purchasing or financing a mortgage on a Homesite. <br /> <br />353