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Section 3.2 Ownership of the Private Roadway. The fee title to the Private Roadway (Outlot C) shall be owned and held by the Association, subject to the easements described in Section 3.1 above. In the event City shall determine it to be in the public interest to utilize the Private Roadway as a public street, the Association shall, after notice in accordance with applicable provisions of the City's Code and Minnesota law, convey its interest in the 'Private Roadway (Outlot C) to the City for no additional consideration therefor. Section 3.3 [This section has been intentionally deleted.] Section 3 A Maintenance and Removal of Private Roadway and Tree Maintenance. 3.4.1 Declarant shall be responsible, at its expense, for initial construction of the Private Roadway, which shall in all respects conform to the requirements of the City. The Association shall pay for any and all costs incurred in connection with the maintenance, repair and replacement of the Private Roadway, and shall assess all such costs among the Owners of the Lots equally as a Common Expense Assessment. Maintenance shall include reconstruction, resurfacing, snow removal, sanding, and salting, as necessary, lighting, striping, and curbing as the Association shall determine necessary, provided, however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the"Code"). 3.4.2 The plans, specifications and -the awarding of -contracts for maintenance of the Private Roadway shall be approved in writing by the Owners of fifty percent (50 %) of the Lots. 3.4.3 No Owner may exempt himself/herself from the liability for assessments by waiver of the use or enjoyment of the Private Roadway or by the abandonment of his/her Lot. 3.4.4 The lot owners shall be responsible for the care and maintenance of trees on their individual lots including all trees initially installed by Declarant as required by the City of Orono. Section 3.5 Prohibitions of Use of Private Roadway. 3.5.1 No Owner shall obstruct or interfere whatever with the rights and privileges of other Owners in the Private Roadway - and except for maintenance of the Private Roadway, nothing shall be planted, altered, constructed upon or removed from the Private Roadway. 3.5.2 No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across the Private Roadway. 3.5.3 No vehicles shall be parked in the Private Roadway for a continuous period of time greater than twenty-four hours. 5