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2) Each Owner's share of costs for maintenance shall be due and payable on the <br />date such costs for maintenance are due and payable to the person or entity <br />rendering an account therefor. Each Owner's share of such costs shall bear <br />interest at a rate of ten percent ( 10%) per annum from such due date to the <br />date of payment. Any Owner may bring action, on behalf of the non-defaulting <br />Owners, to collect a defaulting Owner's share of such costs which are not paid <br />when due, and shall be entitled to recover such reasonable attorney's fees as the <br />court may allow, together with all necessary costs and disbursements incurred <br />in connection therewith. <br />3) The plans, specifications and the awarding of contracts for maintenance shall <br />be approved in writing by the Owners of Fifty One ( 51 % ) of the Lots. <br />4) No Owner may exempt himself from the liability for assessments by waiver of <br />the use or enjoyment of the Roadway or by the abandonment of his Lot. <br />~ 5) Ownership of the Outlot. Each Lot shall be sold, transferred and conveyed <br />together with an undivided one-third (1/3) interest in the Outlot. In the event <br />City shall determine it to be in the public interest to utilize the Roadway as a <br />public street, each Owner shall, after notice in accordance with applicable <br />provisions of Code and Minnesota law, convey its undivided interest in the <br />Outlot to City for no additional consideration therefor. <br />Prohibitions of use of Roadway <br />1) No Owner shall obstruct or interfere whatever with the rights and privileges of <br />other Owners in the Roadway and except for maintenance of the Roadway, <br />nothing shall be planted, altered, constructed upon or removed from the <br />Roadway. <br />2) No Owner shall obstruct or interfere with the passage of any school bus or <br />emergency vehicle over or across the Roadway. <br />3) No vehicles shall be parked in the Roadway for a continuous period of time <br />greater than twenty-four hours. <br />4) No vehicular repair or maintenance may be conducted in the Roadway. <br />Violation and Enforcement. <br />1) In the event the Owners tail to conduct maintenance, it is agreed by all Owners <br />that City may undertake such maintenance and assess each Lot an equal, <br />proportionate share of the maintenance conducted by the City. Any such <br />maintenance conducted by the City will not result in the Roadway becoming a