MAINTENANCE OF ROADWAY AND IMPROVEMENTS
5.1 DEVELOPMENT ROADS. Until such time, if ever, as the Easement Tracts or Private Road is dedicated to and unconditionally accepted by the appropriate governmental authorities, each of the parties hereto covenant and agree to cooperate in the repair, replacement, maintenance and operation of the Private Road and other improvements now or hereafter located within the Easement Tracts and to maintain all slopes or other supports on all lands within the Easement Tracts for purposes of providing lateral support to the Private Road. It is explicitly understood by the lot owners that damage to the subdivision roads caused directly by ongoing construction of a particular owner shall be the responsibility of said owner to repair. Said damage could include but is not limited to that caused by irresponsible use and loading of said road during adverse conditions. Likewise, any damage caused to the road system by a contractor, subcontractor, or vendor of any owner shall be the sole responsibility of the owner to repair and correct.
5.2 RESPONSIBILITY. The parties hereto do hereby agree that in the event any party hereto, or their agents, employees or invites, cause damage to the private road or, to other improvements located within the Easement Tracts or Common areas as a result of gross negligence, intentional misfeasance or usage of the Private Road in a manner not constituting every day or typical use of the Private Road, then such party shall be solely responsible for the repair, and costs of such repair of the Easement tracts, Common Areas, and Private Road and such party shall complete such repairs in a timely manner.
6.1 EASEMENT GRANTS. The following easements are hereby granted and/or reserved over, across, and through the property.
6.2 UTILITIES AND PONDS. Easements for installation and maintenance of utilities are reserved whereby power and water lines, telephone and television cable lines may be installed in or along any roads on the above described property. Said lines shall be required to be underground.
A Common Area is hereby established around the east pond in said development for use by lot owners for fishing, walking, and resting. This Common Area is owned by members of the Property Owners Association. The exception is where a private lot line is to the waters edge and is the private property of that lot owner.
6.3 ROAD INGRESS AND EGRESS. There is hereby granted to all subdivision lot owners, their heirs, successors, and assigns, a reciprocal easement for ingress and egress across all private road(s) contained in the subdivision.
6.4 MORTGAGEE RIGHTS. An easement is hereby granted to each mortgagee of a lot(s) for the purpose of access to the Property subject to its mortgage.