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/ : <br /> 4. Ownership of Outlot A and Outlot B. Each Lot shall be sold, transferred and conveyed <br /> together with an undivided one-half (1/2) interest in Outlot A and an undivided one- <br /> half (1/2) interest in Outlot B. In the event City shall determine it to be in the public <br /> interest to utilize the Roadway as a public street, each Owner shall, after notice in <br /> accordance with applicable provisions of Code and Minnesota law, convey its <br /> undivided interest in Outlot A and Outlot B to City for no additional consideration <br /> therefor. <br /> 5. Prohibitions of Use of Roadwav. <br /> a.) No Owner or Additional Property Owner shall obstruct or interfere whatever <br /> with the rights and privileges of other Owners or Additional Property Owners in <br /> the Roadway and except for Maintenance of the Roadway, nothing shall be <br /> planted, altered, constructed upon or removed from the Roadway. <br /> b.) No Owner or Additional Property Owner shall obstruct or interfere with the <br /> passage of any school bus or emergency vehicle over or across the Roadway. <br /> c.) No vehicles shall ue parked in the Roadway for a continuous period of time <br /> greater than twenty-four hours. <br /> d.) No vehicular repair or maintenance may be conducted in the Roadway. <br /> 6. Violation and Enforcement. <br /> a.) In the event the Owners fail to conduct Maintenance, it is agreed by all Owners <br /> that the 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 <br /> public roadway. Each Owner will pay to the City its equal, proportionate cost <br /> incurred by the City within thirty (30) days after Owner's receipt of such <br /> charges, or else such charge, including attorneys' fees and costs in collection <br /> thereof, shall become a lien upon the Lot for which payment has not been made. <br /> b.) If an Owner shall violate any of the obligations, covenants, conditions or <br /> restrictions contained in this Declaration, the remaining Owners shall have the <br /> right to enforce this Declaration, and in the event an Owner's violation results <br /> in damage to the Roadway, Owners may restore the Roadway to its prior <br /> condition and assess the cost of such restoration against the violating Owner. <br /> Any such assessment shall become due and payable upon the demand of any of <br /> said remaining Owners. All of the remaining Owners, or any of them, shall <br /> have the right and �ower to enforce th�s Declaration and to collect the cost of <br /> any Maintenance required as a result of an Owner's violation in a legal <br /> proceeding for that purpose. The prevailing party in any such legal proceedings <br /> shall further be entitled to recover such reasonable attorney's fees as the court <br /> may allow, together with all necessary costs and disbursements incurred in <br /> connection therewith. Nothing contained in this Section 5(b) is intended to <br /> alleviate any obligation of an Owner to pay assessments to City in accordance <br /> with Section 5(a) above. In the event any assessments are levied by City as a <br /> result of violations of an individual Owner or Owners, then such non-violating <br /> Owners may collect such sums paid to City from any violating Owner, in <br /> accordance with this Section. <br /> 7. Bindin E� ffect. This covenant shall run with the land and shall be binding on and inure <br /> to the benefit of the Owners, Additional Property Owners, and their respective heirs, <br /> representatives, successors and assigns. <br /> 3 <br />