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fur the benefit of the owners of Lot 1, Block 1 and Lot 1, Block <br />2, Countryside Manor 2nd Addition and for the benefit of the <br />owners of lots to De platted in portions of Outlot A, Countryside <br />Manur 2nd Addition which snall be benefitted by Manor Circle <br />('Property'); and <br />WHEREAS, the City does not wish to require DiCon and Points <br />West, as current owners of the Property to replat Countryside <br />Man^r 2nd Addition at the present time; <br />NUW THEREFORE, IT IS AGREED AS FOLLOWS: <br />1. Notwithstanding the fact that Manor Circle has been <br />dedicated as a roadway in the plat of Countryside Manor 2nd <br />Addition, DiCon and Points Hest agree for themselves, their heirs, <br />successors and assigns that: <br />a. DiCon and Points west will and do here0y assume <br />and agree to pay all of the costs of constructing, <br />►aaintainii►g, repairing and replacing, if <br />necessary, the road over Manor Circle as <br />designated on the plat and as may be required fro► <br />time to tine oy ordinance of the City in regard to <br />private roads, as it the dedicated road were a <br />p., gate road. <br />b. biCon and Points West shall pay a proportionate <br />share of the above costs as each of their <br />properties are benefitted by the roadway <br />constructed on Manor Circle. Each of DiCon and <br />Points West's shares of such costs shall be due <br />and payable on the date such costs for <br />construction, maintenance or repair are due and <br />payable to the person or entity rendering an <br />account therefor. Each of DiCon and Points West's <br />shares of such costs shall bear interest at the <br />rate of eight (8%) percent per annum from the due <br />date to the date of payment. Either DiCon or <br />Points West may bring an action to collect the <br />share of the other if the other should default in <br />payment of such costs wnen due and shall be <br />-1- <br />