02-09-1987 Council Packet - Laserfiche WebLink

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The plans, specifications and the awarding of contracts for the private road or for any alterations in the private road after construction thereof shall be approved in writing by the Owners of XX4N U XYXXVXXXW percent of the Lots. sixty (60%) The costs incurred for maintenance and repair of the private road shall be approved in writing by the Owners of XVMWXX&VXX)(W percent of the Lots. sixty (60%) No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of any of the private road or by the abandonment of his Lot. In the event that the Owners of each Lot described herein fail to maintain, repair or replace the private road as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the private road as provided for herein, and that such actions by'the City of Orono will not result in the private road's becoming a public roadway, and that each of the Owners will pay to the City of Orono the proportionate cost incurred by the City of Orono within thirty (30) days of the receipt of such charges, or else such charge shall become a lien upon each Lot at the proportion as provided for herein. Said proportionate share is v be determined by dividing the total costs of maintenance, repair or replacement, including without limitation, the cost of cleaning, snow removal, surfacing and resurfacing, by the number of Lots set forth above, adjoining the private road; and that each Owner shall become liable for said proportionate share from and after th late of this Agreement. 3. Each of the Owners of a Lot described herein hereby covenants with each of the Owners of all of the other Lots described h a, and each Owner of a lot described herein, by a--eptance of a deems erefore, whether or not it shall be so expressed i such conveyance, snail be and hereby is �,emed to covenant with t.c .hen Owners of all of the other Lots described herein, that he/sha/they shall pay promptly when due his/her/their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be a personal obligation of the person or persons who are the owners) of such Lot at the time when such costs were incurred, and said obligation shall not pass to his/her/their successors in title unless expressly assumed by them. 4. The private road shall be used strictly in accordance with the easements granted therefore. Except as herein ,,rovided, no Owner shall obstr or interfere whatever wi•h the riq'.s and privileges of other Owners _n t.e civate road and nothing sha., oe planted, altered, constructed upon or removed by an Owner from the rivate road. If an Owner shall violate this section, the ,emaining 0, Hers shall have the right to restore the private road to ias pri.0 ro, '_tion and assess the cost of such restoration against the Owner xho vi• ites this section and such assessment shall become due and payable Lawn the d land of any of said remaining Owners. All of the remaining Owners, or a.y of them, shall have the right and power to collect the co_' of such restorations in a legal proceedinq for that purpose. If an interferes with the rights and privileges of another Owner in th. ise of the private road, 3 4