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Municipal Code (the "Code"). Fischer shall be responsible, at her expense, for initial <br /> construction of the Roadway, which shall in all respects conform to the requirements of the <br /> City of Orono ("City")., All future Maintenance shall be conducted by the Owners or their <br /> contractors, at Owners' expense. <br /> 2.2) Each Owner's share of costs for Maintenance shall be due and payable <br /> on the date such costs for Maintenance are due and payable to the person or entity rendering <br /> s share <br /> of eight <br /> an account therefor. Each Owner' d to the date of payment.�rAny Owneremay bring <br /> percent (8%) per annum from such due <br /> action, on behalf of the non-defaulting Owners, to collect a defaulting Owner's share of such <br /> costs which are not paid when due, and shall necessary costs and disbursements ble incurredm's <br /> fees as the court may allow, together <br /> connection therewith. <br /> 2,3) The plans, specifications and the awarding of contracts for Maintenance <br /> shall be approved in writing by the Owners of twenty-five percent (25%) 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 Roadway or by the abandonment of his Lot. <br /> 3. Ownership of Outlot A. Each Lot shall be sold, transferred and conveyed <br /> together with an undivided one-seventh unth) interest in Outlot A. In the event City shall <br /> determine it to be in the public interest to utilize the Roadway as a public street, <br /> each Owner <br /> shall, after notice in accordance with applicable provisions of Code and Minnesota law, <br /> convey its undivided interest in Outlot A to City for no additional consideration therefor. <br /> 4.. Prohibitions of Use of Roadway. <br /> 4.1 No Owner shall obstruct or interfere whatever with the rights and <br /> privileges of other Owners in de onstdrwucted upon or remot for ved from the Roadway.aintenance of the Roadway, <br /> nothing shall be planted. altered, <br /> 4.2 No Owner shall obstruct or interfere with the passage of any school bus <br /> or emergency vehicle over or across the Roadway. <br /> 4.3 No vehicles shall be parked in the Roadway for a continuous period of <br /> time greater than twenty-four hours. <br /> 4.4 No vehicular repair or maintenance may be conducted in the Roadway. <br /> 5. Violation and Enforcement. <br /> 5.1) 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 Lot an equal, <br /> proportionate share of the Maintenance conducted by the City. Any such Maintenance <br /> conducted by the City will not result in the Roadway becoming a public roadway. Each <br /> Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) <br /> 35782041104 4!1/94 2 <br />