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such costs shall bear interest at a rate of eight percent(8%)per annum <br /> from such die date to the date of payment. Any Owner may bring <br /> action, on behalf of the non-defaulting Owners,to collect a defaulting <br /> Owner's share of such costs which are not paid when due, and shall be <br /> entitled to recover such reasonable attorney's fees as the court may <br /> allow,together with all necessary costs and disbursements incurred in <br /> connection therewith. <br /> 2.3) The plans, specifications and the awarding of contracts for <br /> Maintenance shall be approved in writing by the Owners of sixty five <br /> percent(65%)of the Lots. <br /> 2.4)No Owner may exempt himself from the liability for assessments by <br /> waiver of the use or enjoyment of the Stormwater Facility or by the <br /> abandonment of his Lot. <br /> 3. Violation and Enforcement. <br /> 3.1)In the event the Owners fail to conduct Maintenance, it is agreed by all <br /> Owners that City,may undertake such Maintenance and assess each <br /> Lot an equal,proportionate share of the Maintenance conducted by the <br /> City. Any such Maintenance conducted by the City will not result in <br /> the Stormwater Facility becoming a public Stormwater Facility. Each <br /> Owner will pay to the City its equal,proportionate cost incurred by the <br /> City within thirty(30)days after Owner's receipt of such charges, or <br /> else such charge, including attorney's fees and costs in collection <br /> thereof, shall become alien upon the Lot for which payment has not <br /> been made. <br /> 4. Binding Effect. This covenant shall run with the land and shall be binding on <br /> and inure to the benefit of the Owners,their heirs,representatives, successors <br /> and assigns. <br /> 5. 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 <br /> interest in the Lots. <br /> 6. Severability. Invalidation of any covenant,condition, or restriction set forth <br /> herein by judgment 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 /> 7. Warranties of Title. Declarant represents and warrants that they are the lawful <br /> owners of the Lots and have full right,title and authority to enter into this <br /> Declaration. Any mortgage lender, or other party in interest of the lots , if any, <br /> shall consent to this Declaration,which consent shall be attached and made a <br /> part of this Declaration. <br />