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public roadway. Each Owner will pay to the City its equal, proportionate cost <br /> incurred by the City within thirty (30)days after Owner's receipt of suchcharges, <br /> g , <br /> or else such charge, including attorneys' fees and costs in collection thereof, shall <br /> become a lien upon the Lot for which payment has not been made. <br /> 5.2) If an Owner shall violate any of the obligations, covenants, conditions or <br /> restrictions contained in this Declaration, the remaining Owners shall have the <br /> right to enforce this Declaration, and in the event an Owner's violation results in <br /> damage to the Roadway, Owners may restore the Roadway to its prior condition <br /> and assess the cost of such restoration 'against the violating -Owner. Any such <br /> assessment shall become due and payable upon the demand of any of said <br /> remaining Owners. All of the remaining Owners, or any of them, shall have the <br /> right and power to enforce this Declaration and to collect the cost of any <br /> Maintenance required as a result of an Owners violation, in a legal proceeding for <br /> that purpose. The prevailing party in any such legal proceedings shall further be <br /> entitled to recover such reasonable attorney's fees as the court may allow, <br /> together with all necessary costs and disbursements incurred in connection <br /> therewith. Nothing contained in this Section 5.2 is intended to alleviate any <br /> obligation of an Owner to pay assessments to City in accordance with Section 5.1 <br /> above. In the event any assessments are levied by City as a result of violations <br /> of an individual Owner or Owners, then such non-violating Owners may collect <br /> such sums paid to City from any violating Owner, in accordance with this <br /> Section. <br /> 6. Binding Effect. This covenant shall run with the land and shall be binding on and <br /> inure to the benefit of the Owners, their heirs, representatives, successors and <br /> assigns. <br /> 7. No Amendment. This Declaration may be modified or amended only upon the <br /> recording of a document setting forth such amendment executed by all of the <br /> Owners, their mortgage lenders, City and any other party having a record interest <br /> in the Lots. <br /> 8. Severability. Invalidation of any covenant, condition, or restriction set forth <br /> herein by judgement or court order shall in no way affect any of the other <br /> provisions hereof, which shall all remain in full force and effect. <br /> 9. Warranties of Title. Declarant represents and warrants that they <br /> is/are the lawful owner(s) of the Roadway and the Lots and have full right, title <br /> and authority to enter into this Declaration. Any mortgage lender, or other party <br /> in interest of the Lots of the Outlot, if any, shall consent to this Declaration, <br /> which consent shall be attached and made a part of this Declaration. <br /> 3 <br />