Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and <br />(ii) install such Private Facilities as may be necessary or desirable. No parry may construct any <br />structure in the Private Street or Private Access or obstruct access to the Private Street or Private <br />Access for the purposes contemplated in this Agreement, except as temporarily necessary in the <br />case of an emergency. <br />2. Rights of Usage. Each owner of a Lot shall have the right to shared use of the Private <br />Street for access to and from such owner's Lot and of the Private Facilities serving such owner's <br />Lot, if any. Each owner of Lot 6, Lot 7 and Lot 8 shall have the right to shared use of the Private <br />Access for access to and from such owner's Lot and of the Private Facilities serving such <br />owner's Lot, if any. <br />3. Maintenance Responsibilities. The A20th Row House Homeowners Association shall <br />maintain, repair and replace the Private Street, Private Access and the Private Facilities in good <br />condition. The costs incurred to maintain, repair and replace the Private Street, Private Access <br />and Private Facilities shall be allocated equally to the owners of the Lots. <br />4. Notices. All notices required or permitted to be given shall be in writing and shall be <br />deemed given and received on personal service or deposit in the United States Mail, certified or <br />registered mail, postage prepaid, return receipt requested, addressed to the owner of the relevant <br />property at the then-current address for such owner shown on the Lane County Assessor's <br />records. Such addresses may be changed by written notice, given in the same manner. Notice <br />given in any manner other than the manner set forth above shall be effective when received by <br />the party for whom it is intended. <br />5. Recording. Declarant shall promptly record this Agreement in the Official Records of <br />Lane County. <br />6. Attorney Fees. If litigation is instituted with respect to this Agreement, the prevailing <br />party shall be entitled to recover from the losing party, in addition to all other sums and <br />allowable costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or <br />review, such amount to be set by the court before which the matter is heard. <br />7. Binding Effect. The covenants and restrictions contained herein run with the Lots, <br />including any future subdivision or partition thereof. This Agreement shall be binding on and <br />inure to the benefit of the parties and their respective heirs, successors and assigns of the interest <br />in the Lots. Declarant intends this Agreement to continue and not merge and to remain <br />appurtenant to and to benefit the Lots. <br />8. No Waiver. Granting a waiver or failing to enforce a covenant or restriction contained <br />herein in one or more instances shall not constitute a waiver of the right to enforce a covenant or <br />restriction in the future. <br />9. Governing Law; Interpretation. This Agreement shall be governed by the laws of <br />Oregon. If a court of competent jurisdiction holds any portion of this Agreement to be void or <br />unenforceable as written, the Declarant and the owners of the Lots intend that (1) that portion of <br />