All Common areas in the subdivision shall be maintained by Shannon Valley Developments until a Shannon Valley Homes Association is formed under an instrument executed the 18th day of August, 1977, entitled Homes Association Declaration, Shannon Valley Estates. After the formation of said Homes Association, it shall maintain all common areas, including, but not limited to the mowing, planting, trimming, landscaping of such areas, Common areas shall include all berm areas, islands and other landscaped areas shown upon the plat not being a part of any particular lot, whether or not the same shall be dedicated to the public. Such areas not dedicated to the public shall be deeded by Shannon Valley Developments to the Homes Association which shall, in addition to being responsible for maintenance, pay all ad valorem and other taxes or assessments levied against such areas,. Upon the failure of the Homes Association to properly maintain the same, Shannon Valley Developments or the City of Overland Park may do the necessary maintenance work and assess the Homes Association and/or each of its members for the reasonable expenses if such work, or Shannon Valley Developments or the City of Overland Park, Kansas, may bring an action in any Court of competent jurisdiction requiring such maintenance to be done., The above-names parties, or any owners for the time being of any tract or lot in said subdivision, shall have the right to obtain from any Court of competent jurisdiction any injunction, mandatory or otherwise, to prevent a breach, or to enforce the keeping of any of said restrictions, and may bring any other proper legal action.
After the formation of a Shannon Valley Homes Association, Shannon Valley Developments shall have the right, at its option, to transfer and assign all of the rights of obligations of interpretation, approval and enforcement of the provisions of this Declaration of Restrictions to said Homes Association.
Invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions, which shall remain in full force and effect.