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Item#09-CC Agenda-08/08/2016� � <br /> Phillips Woodlattd Terrace-Phillips Drive Ownership Consent <br /> [Page 6 of 20J <br /> 3. Lien and Obli�ation for Assessments. The Owner of each Residence Lot hereby <br /> covenants, and each Owner of each Residence Lot by acceptance of a deed therefor, whether or <br /> not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to <br /> pay assessments established by the Owners with respect to each Residence Lot,together with <br /> interest,court costs and reasonable attorneys' fees required for collection thereof,which <br /> assessment shall be a charge on that Residence Lot and shall be a continuing lien upon that <br /> Residence Lot. Each assessment, as described above, shall also be the personal obligation of the <br /> Owner of the said Residence Lot when the assessment fell due. The personal obligation for <br /> delinquent assessments shall not pass to an Owner's successors in title unless expressly assumed <br /> by such successor. Such assessments shall be for the exclusive purpose of the maintenance and <br /> repair of the Private Road and for the payment of all real estate taxes assessed against the Private <br /> Road. <br /> 4. Pavment of Costs. Each Owner's share of such assessments shall be due and payable <br /> thirty(30) days after notice thereof by the person or entity rendering an account for the costs of <br /> such maintenance and repair. The assessment shall bear interest at the rate of eight percent(8%) <br /> from the due date to the date of payment. Any Owner may bring an action, on behalf of himself <br /> and all non-defaulting Owners,to collect a defaulting Owner's assessment which has not been <br /> paid when due, and shall be entitled to recover reasonable attorneys' fees together with all <br /> necessary costs and disbursements incurred in connection therewith. <br /> 5. Annroval of Plans. The plans, specifications, and the awarding of contracts for the <br /> maintenance and repair of the Private Road shall be approved in writing by the Owners of no less <br /> than three(3)of the Residence Lots.No Owner may be exempt from the assessment by waiving <br /> the use or enjoyment of the Private Road or by abandonment of said Owner's Residence Lot or <br /> Road Interest. Plans and specifications for maintenance and repair shall be in accordance with <br /> Specifications for Private Roads approved by the Cities of Medina and Orono. <br /> 6. Draina�e Tile Maintenance and Repair. Owners of Lots 1, 2, and 3 will be responsible to <br /> maintain and repair that portion of the underground drainage tile that intersects their properties. <br /> ARTICLE IV--RIGHTS OF THE CITIES OF MEDINA AND ORONO <br /> 1. Ri t of Repair. In the event that the Owners fail to maintain and repair the Private Road <br /> in accordance with the standards provided herein, it is agreed by all Owners that the Cities of <br /> Medina and Orono may, at their discretion and option,undertake the maintenance and repair of <br /> the Private Road and that any such action taken by the Cities of Medina and Orono will not result <br /> in the establishment of a public roadway. The Owners further covenant and agree that the costs <br /> incurred under this paragraph shall be divided among and paid by the Owners in accordance with <br /> the formula set out in Pazagraphs 2, 3, and 4 of the preceding Article III. In the event that any <br /> Owner shall default in such payment,the Cities of Medina and Orono may, at its option, assess <br /> the said costs against the appropriate Residence Lot, and certify said assessment to the County <br /> Auditor and collect the same in a single payment as in the case of special assessments for Public <br /> Improvements. <br /> 2. Convevance of Easements. The Owners hereby convey to the Cities of Medina and <br /> Orono, an easement for ingress, egress,maintenance and repair over the Private Road to perform <br /> 4 <br />