Hawkins Construction Co., Inc., shall be a User at such time it utilizes CD 2 for ingress-egress to the adjacent lands presently owned by it.
For CD 3, Lot 7 is a User if this Owner utilizes CD 3 for ingress-egress to such Owner's residence; and Ahmad Moinami and M. A. Moienamin are not Users so long as they have no right to utilize CD 3 to access their property.
For CD 4, Lots 8 and 9 are the only Users.
Section 3. Construction.
Declarant is under no duty, obligation or agreement to build or construct any Common Driveway shown on the recorded plat of the Properties. Declarant may elect, in its discretion, to build or construct all or a portion of one or more of the Common Driveways.
Section 4. Uses.
(i) Each Common Driveway shall be used exclusively for the purpose of ingress and egress and installation of utilities to the Affected Lots served by the Ingress-Egress Easement.
(ii) No act shall be performed by any User or Owner, his tenants, guests, invitees, licensees or agents which would in any manner affect or jeopardize the free and continuous use and enjoyment of any other authorized User in and to the Common Driveway or the other Affected Lots.
(iii) There shall be no parking within the Common Driveway at any time except for delivery, governmental and/or emergency vehicles.
Section 5. Individual Obligation to Repair Damage.
In the event that a Common Driveway is damaged or destroyed through the act of a User or Owner or any of his agents or guests, invitees, licensees or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such User or Owner to rebuild and repair that Common Driveway without cost to the other Users or Owners of the Affected Lots.
Section 6. Joint Obligation to Repair Damage.
Except as provided in Section 5 above, it shall be the obligation of all Users of the Affected Lots for each Common Driveway to share on a pro rata basis (based on the number of feet travelled upon the Common Driveway) in the maintenance, repair, upkeep, improvement and replacement of the Common Driveway (including repair or deterioration from ordinary wear and tear and lapse of time). All decisions regarding expenditures for each Common Driveway may be made by majority decision of the Users at a meeting of such Users called by the Association at the request of a User of an Affected Lot.
