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1 <br /> Rool, <br /> 1 <br /> Cod- (the"Code"). Upon the termination of the temporary easement over the Temporary <br /> Cul-de-sac, the Association shall be responsible for the removal of the Temporary Cul-de-sac <br /> and the res-oration of the property lying thereunder, and the payment of all costs associated <br /> velth such removal and restoration, which such costs shall be assessed to the Owners. <br /> 3.4.2 The plans, specifications and the awarding of contracts for maintenance of the <br /> Private Roadway and the Temporary Cul-de-sac shall be approved in writing by the Owners <br /> of fifty percent (50'/"0) of the Lots. <br /> 3.4.3 No Owner may exempt himself/herself from the liability for assessments by <br /> waiver of the use or enjoyment of the Private Roadway or by the abandonment of his/her Lot. <br /> Section 3.5 Prohibitions of Use of Private Roadway. <br /> .3.5.1 No Owner shall obstruct or interfere whatever with the riehts and privileges <br /> of other.Owners in the Private Roadway or the Temporary Cul-de-sac and except for <br /> maintenance of the Private Roadway or the Temporary Cul-de-sac, nothing shall be planted, <br /> altered, constructed upon or removed from the Private Roadway or the Temporary Cul-de- <br /> sac. <br /> 3.5.3 No Owner shall obstruct or interfere with the passage of any school bus or <br /> emergency vehicle over or across the Private Roadway or the T:nporary Cul-de-sac. <br /> 3.5.3 No vehicles shall be parked in the Private Roadway or the Temporary Cul-de- <br /> sac for a continuous period of time greater than twenty-four hours. <br /> 3.5.4 No vehicular repair or maintenance may be conducted in the Private Roadway <br /> or the Temporary Cul-de-sac. <br /> Section 3.6 Violation and Enforcement. <br /> 3.6.1 In the event the Owners fail to conduct any required maintenance to the <br /> Private Roadway or the Temporary Cul-de-sac, it is agreed by all Owners that the City, may <br /> undertake such maintenance and assess each Lot an equal, proportionate share of the <br /> maintenance conducted by the City. Any such maintenance conducted by the City will not <br /> result in the Private Roadway or the Temporary Cul-de-sac becoming a public roadway. <br /> Each Owner will pay to the City its equal, proportionate cost incurred by the City within <br /> thirty (30) days after Owner's receipt of such charges, or else such charge, including <br /> attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which <br /> payment has not been made. <br /> 3.6.2 If an Owner shall violate any of the obligations, covenants, conditions or <br /> restrictions contained in this Declaration, the remaining Owners shall have the right to enforce <br /> this Declaration, and in the event an Owner's violation results in dama,e to the Private <br /> Roadway or the Temporary Cul-de-sac, Owners may restore the Private l:oadway or the <br /> Temporary Cul-de-sac to its prior condition and assess the cost of such restoration against <br /> i <br /> ' BUSSED 5091,96.9 5 <br />