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r <br /> ,v' i <br /> , .-r,.yaw.^�w•s,+bMr�',.:+`fi�*PT'3w. Y4 ;'& <br /> " <br /> Q_ • , <br /> The plans, specifications and the awarding of contracts for the <br /> ,ivate road or for any alterations in the private road after construction <br /> ORM y, .reof shall be approved in writing by the Owners of twenty-five (25) <br /> ; percent of the Lots. <br /> The costs incurred for maintenance and repair of the private road <br /> shall be approved in writing by the Owners of twenty-five (25) percent <br /> of the . Lots. <br /> No Owner mei exempt himself from the liability for assessments j <br /> by waiver of the use or enjoyment of any of the private road or by the <br /> abandonment of his Lot. <br /> • <br /> In the event that the Owners of each Lot described herein fail <br /> to maintain, repair or replace the private road as provided for herein, <br /> it is agreed by all parties that the City of Orono may undertake to <br /> maintain, repair and replace the private road as provided for herein, <br /> and that such actions by the City of Orono will not result in the <br /> private road' s becoming a public roadway, and that each of the Owners <br /> will pay to the City of Orono the proportionate cost incurred by the <br /> City of Orono witi.in thirty (30) days of the receipt of such charges, <br /> or else such charge shall become a upon each Lot at the proportion <br /> as provided for herein. Said proportionate share is to be determined <br /> by dividing the total costs of maintenance, repair or replacement, <br /> including without limitation, the cost of cleaning, snow removal, <br /> surfacing and resurfacing, by the number of Lots set forth above, <br /> adjoining the private road; and that each Owner shall become liable for <br /> ' said proportionate share from and after the date of this Agreement. <br /> 3. Each of the Owners of a Lot described herein hereby covenants <br /> with each of the Owners of all of the other Lots described herein, and <br /> each Owner of a lot described herein, by acceptance of a deed t��erefore, <br /> • whether or not it shall be so expressed in such conveyance, shall be <br /> and hereby is deemed to covenant with the then Owners of all of the other <br /> Lots described herein, that he/she/they shall pay promptly when due <br /> his/her/their proportionate share of the costs described in the preceding <br /> paragraph. The costs described in the preceding paragraph shall be a <br /> • t �,, : personal obligation of the person or persons who are the owner(s) of such <br /> Lot at the time when such costs were incurred, and said obligation shall <br /> not pass to his/her/their successors in title unless expressly assumed <br /> by them. <br /> 4 . The private road shall be used strictly in accordance with <br /> k Yi.t the easements granted therefore. Except as herein provided, no Owner <br /> shall obstruct or interfere whatever with the rights and privileges of <br /> other Owners in the private road and nothing shall be planted, altered, <br /> constructed upon or removed by an Owner from the private read. If an <br /> Owner shall violate this section, the remaining Owners shall have the <br /> right to restore the private road to its prior condition and assess the <br /> cost of such restoration against the Owner who violates this section <br /> � t and such assessment shall become due and payable upon the demand of any <br /> ` of said remaining Owners. All of the remaining Owners, or any of them, <br /> , <br /> shall have the right and power to collect the cost of such restorations <br /> • H in a legal proceeding for that purpose. If an Owner interferes with <br /> the rights and privileges of another Owner in the use of the private road, <br /> N <br /> 3 of 4 <br /> n9•.. . <br />