Section 12. Easements for Public Utilities; Drainage; Maintenance
13. Common Areas.
(a) The Developer shall have the right (but is not obligated) to provide Common Areas for the use and benefit of the Subdivision. The size, location, nature and extent of improvements and landscaping, and all other aspects of the Common Areas that are provided by the Developer, shall be determined by the Developer in its absolute discretion.
(b) The Developer and its successors, assigns, and grantees, the Owners, and the Homes Association shall have the right and easement of enjoyment in and to all of the Common Areas, but only for the intended and permitted use of such Common Areas.
Such right and easement in favor of the Owners shall be appurtenant to, and shall automatically pass with, the title to each Lot. All such rights and easements shall be subject to the rights of any governmental authority or any utility therein or thereto.
(c) Any ownership by the Homes Association of any Common Area and the right and easement of enjoyment of the Owners in the Subdivision as to any Common Area shall be subject to the right of the Developer to convey sewage, water, drainage, pipeline, maintenance, electric, telephone, television and other utility easements over, under, upon and through such Common Area, as provided in Section 12 above.
(d) No Owner shall improve, destroy or otherwise alter any Common Area without the express written consent of the Approving Party.
(e) Owners of Lots adjacent or nearby the Common Areas shall prevent erosion and pollutant discharges and runoff onto the Common Areas.
(f) The following rules, regulations and restrictions shall apply to the use of the Green Areas:
(i) No automobiles, motorcycles, all-terrain vehicles, or other motorized vehicles or apparatus of any kind shall be allowed in the Green Areas except for mowing and otherwise maintaining the Green Area.
(ii) No refuse, trash or debris shall be discarded or discharged in or about the Green Areas except in designated trash bins.
(iii) Access to the Green Areas shall be confined to designated areas, except that owners of Lots adjacent to the Green Areas may have access to the area from their respective lots (where applicable).
(iv) Each of the Developer and the Homes Association shall have reasonable access through Lots adjacent to the Green Areas for the purposes of maintenance and improvement thereof, but shall be responsible for repairing any damage caused by it to adjacent Lots in connection with the use of such access right.
(g) The Developer and the Homes Association shall have the right from time to time to make, alter, revoke and enforce additional rules, regulations and restrictions pertaining to the use of any Common Area.
(h) The Developer, in its discretion, shall have the right to reconfigure and/or replat all or any part of the Subdivision then owned by it, including, without limitation, to make part of a Common Area tract a part of a Lot, and vice versa. In addition, each of the Developer and the Homes Association shall have the right to transfer to the City title to or easements over all or any part of the Common Areas so that such become public areas maintained by the City.