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, . 1 <br /> • � � <br /> services. The Additional Property Owners shall have no maintenance responsibilities, <br /> but shall be entitled to use the roadway as described herein in the same manner as such <br /> owners are currently using the roadway which existed prior to the date hereof. It is the <br /> Declarant's intent that this Roadway Easement shall supercede and replace the easement <br /> granted in Document No. 2815511 currently of record in Hennepin County. <br /> 2. Easement for Stormwater Facilities. Declarants hereby declare and create a perpetual, <br /> non-exclusive easement over the southerly 35 feet of the westerly 65 feet of Lot 1 for <br /> the installation and maintenance of Stormwater Facilities as set forth herein, for the <br /> benefit of Lot 1 and Lot 2. "Stormwater Facilities" shall be defined to be such land <br /> located within the easement created hereunder used for drainage and ponding purposes. <br /> 3. Maintenance of Roadway & Stormwater Facilities. <br /> a.) The Owner of Lot 1 and the Owner of Lot 2 shall each pay an equal share for <br /> any costs for construction, maintenance or repair of the Roadway and <br /> Stormwater Facilities. Maintenance of the Roadway shall include construction, <br /> reconstruction, resurfacing, snow removal, sanding and salting, as necessary, <br /> lighting, striping, and curbing as the Owners of Lot 1 and �..,at 2 shall determine <br /> necessary; maintenance of the Stormwater Facilities shall include construction, <br /> reconstruction and repair of the Stormwater Facilities. (The maintenance of the <br /> Roadway and Stormwater Facilities shall collectively be referred to as <br /> "Maintenance.") All Maintenance shall be conducted in compliance with all <br /> applicable provisions of the City of Orono Municipal Code (the "Code"). <br /> Declarants shall be responsible, at their expense, for initial construction of the <br /> Roadway and Stormwater Facilities, which shall in all respects conform to the <br /> requirements of the City of Orono ("City"). All future Maintenance shall be <br /> conducted by the Owners of Lot 1 and Lot 2 or their respective contractors, at <br /> the expense of the Owners of Lot 1 and Lot 2. <br /> b.) The share of costs for Maintenance borne by the Owner of Lot 1 and the Owner <br /> of Lot 2 shall each be due and payable on the date such costs for Maintenance <br /> are due and payable to the person or entity rendering an account therefor. The <br /> share of such costs attributable to the Owner of Lot 1 and the Owner of Lot 2 <br /> shall bear interest at a rate of eight percent (8%) per annum from such due date <br /> to the date of payment. Any Owner may bring action, on behalf of the non- <br /> defaulting Owners, to collect a defaulting Owner's share of such costs which are <br /> not paid when due, and shall be entitled to recover such reasonable attorney's <br /> fees as the court may allow, together with all necessary costs and disbursements <br /> incurred in connection therewith. <br /> c.) The plans, specifications and the awardia�g �f contrdcts for Maintenance shall be <br /> approved unanimously in writing by the Owners of Lot 1 and Lot 2. In the <br /> event the Owners of Lot 1 and Lot 2 cannot agree upon the plans, specifications <br /> and awarding of contracts for Maintenance, the matter shall be settled by <br /> arbitration in accordance with the commercial arbitration rules of the American <br /> Arbitration Association then in effect, and judgment on the award may be <br /> entered in any court having jurisdiction. The cost of such arbitration shall be <br /> borne equally by the Owners of Lot 1 and Lot 2. <br /> d.) No Owner may exempt himself or herself from the liability for assessments by <br /> waiver of the use or enjoyment of the Roadway or by the abandonment of his or <br /> her Lot. <br /> 2 <br />