08-08-2016 Council Packet - Laserfiche WebLink

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4 3. Lien and Obligation for Assessments. The Owner of each Residence Lot hereby covenants, and each Owner of each Residence Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay assessments established by the Owners with respect to each Residence Lot, together with interest, court costs and reasonable attorneys’ fees required for collection thereof, which assessment shall be a charge on that Residence Lot and shall be a continuing lien upon that Residence Lot. Each assessment, as described above, shall also be the personal obligation of the Owner of the said Residence Lot when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner’s successors in title unless expressly assumed by such successor. Such assessments shall be for the exclusive purpose of the maintenance and repair of the Private Road and for the payment of all real estate taxes assessed against the Private Road. 4. Payment of Costs. Each Owner’s share of such assessments shall be due and payable thirty (30) days after notice thereof by the person or entity rendering an account for the costs of such maintenance and repair. The assessment shall bear interest at the rate of eight percent (8%) from the due date to the date of payment. Any Owner may bring an action, on behalf of himself and all non-defaulting Owners, to collect a defaulting Owner’s assessment which has not been paid when due, and shall be entitled to recover reasonable attorneys’ fees together with all necessary costs and disbursements incurred in connection therewith. 5. Approval of Plans. The plans, specifications, and the awarding of contracts for the maintenance and repair of the Private Road shall be approved in writing by the Owners of no less than three (3) of the Residence Lots. No Owner may be exempt from the assessment by waiving the use or enjoyment of the Private Road or by abandonment of said Owner’s Residence Lot or Road Interest. Plans and specifications for maintenance and repair shall be in accordance with Specifications for Private Roads approved by the Cities of Medina and Orono. 6. Drainage Tile Maintenance and Repair. Owners of Lots 1, 2, and 3 will be responsible to maintain and repair that portion of the underground drainage tile that intersects their properties. ARTICLE IV--RIGHTS OF THE CITIES OF MEDINA AND ORONO 1. Right of Repair. In the event that the Owners fail to maintain and repair the Private Road in accordance with the standards provided herein, it is agreed by all Owners that the Cities of Medina and Orono may, at their discretion and option, undertake the maintenance and repair of the Private Road and that any such action taken by the Cities of Medina and Orono will not result in the establishment of a public roadway. The Owners further covenant and agree that the costs incurred under this paragraph shall be divided among and paid by the Owners in accordance with the formula set out in Paragraphs 2, 3, and 4 of the preceding Article III. In the event that any Owner shall default in such payment, the Cities of Medina and Orono may, at its option, assess the said costs against the appropriate Residence Lot, and certify said assessment to the County Auditor and collect the same in a single payment as in the case of special assessments for Public Improvements. 2. Conveyance of Easements. The Owners hereby convey to the Cities of Medina and Orono, an easement for ingress, egress, maintenance and repair over the Private Road to perform