The Common Areas, if any, within any Additional Lands (as defined in Article 16) will be deemed to be conveyed to the Association upon the recording of an amendment to this Declaration incorporating such Additional Lands within the Project and will be depicted on the Plat Map recorded in conjunction with such amendment. The Common Area shall exclude those portions of common areas (and improvements thereto) which have been or may hereafter be, dedicated to and owned by the public or a governmental entity. The Common Area shall for all purposes be under the control, management and administration of the Declarant during the Declarant Control Period, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration.

 

Provided that the developer, rather than the homeowner's association, is to be responsible for the initial minimum 5 years of successful wetland maintenance and mitigation monitoring pursuant to the approved wetland mitigation plan. The transfer of responsibility to the Homeowners Association shall not occur until the City of Renton releases the developer in writing from further maintenance and monitoring upon the completion of a minimum of 5 years successful consecutive years of the wetland monitoring consistent with the approved wetland monitoring and maintenance plan.