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within terms of these agreements;(i) In addition to any other remedy the City may have, the <br />covenants and restrictions contained herein may be enforced by <br />injunction; <br />(j) The Declarants do not intend that the public should <br />have any interest in the Flowage Land by virtue of this <br />Declaration or otherwise, except as hereinabove set forth, and <br />(k) The Declarants herein certify that the Fl<^wage Land is <br />free and clear of all encumbrances, except as set forth herein <br />or in Exhibit -A" attached her-jto. <br />Section 6.4. Private Road Easement. The Declarants hereby <br />create a non-exclusive private road easement for <br />and egress purposes over and across the Road Area for the mutual <br />benefit of ail Lots. The Declarants hereby covenant and agree, on <br />behalf of themselves and their heirs, successors and assigns, as <br />Owners of Lots, as follows: <br />(a) That the Owners do hereby acknowledge the existence of <br />said private road easement over the Road Area and the existence <br />of the private road, which is not a publicly dedicated roadway, <br />and that the City has no obligation to maintain or service said <br />private road, and that the City does not intend to acquire or <br />open said private road as a public roadway. <br />(b) That the Owners will and do hereby assume and agree to <br />pay a proportionate share (as set forth herein) by payment o <br />assessments to the Association of the costs of maintaining, <br />repairing and replacing, if necessary, the private road o e <br />said Road Area to at least a standard of quality equal to the <br />private road as it was approved by the City as part of the <br />subdivision of the adjoining Lots, and as may be required from <br />time to time by the ordinances of the City in regard to private <br />roads. <br />(c) The Association shall be responsible for maintaining, <br />repairing and replacing said private road and shall assess all <br />charges incurred in connection therewith in accordance ^^th <br />Article II hereof. In the event that the Association shall <br />fail to maintain, repair or replace the private <br />provided for herein, it is agreed by all parties that the City <br />may undertake to maintain, repair and replace . will <br />as provided for herein, and that such actions by the City will <br />not^result in the private road’s becoming a public roadway, and <br />?hatTach of the Owners will pay to the City the proportxouate <br />cost incurred by the City within thirty ”0) <br />receipt of such charges, or else such charge shall become a <br />-13-