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HomeMy WebLinkAboutCC - Maintenance Agreement We do not provide a separate agreement for the maintenance of private streets. This will be handled as part of the CC&R's for the entire subdivision. Below are excerpts of applicable Language in another community(Century Farm 55 Subdivision)which would be substantially the same for this community. ARTICLE VI PRIVATE ROADS There is hereby reserved for the use and benefit of Declarant and granted for the use and benefit of each Lot, and for the use and benefit of each Owner, and their respective successors and assigns, for the purposes incidental to the use and enjoyment of the Lots, a perpetual easement to enter on, over,across and through any Lot designated as an alley, common drive or private road on a recorded subdivision plat for the Property (collectively herein "Private Roads'). which Private Roads are to be used for ingress to and egress from each Lot. In addition and pursuant to any recorded Plat of the Property, the Master Declaration contains a perpetual public utility, drainage and irrigation easement. It is expressly understood and agreed that the easements herein created shall be absolute and non-exclusive and that in all respects the Private Roads shall be used, and available for use, by all such Persons, their guests, invitees and licensees in the same manner as if the Private Roads were a public road, subject to the Restrictions contained in this Master Declaration and the right of the Board to impose such rules, regulations and restrictions, as may be necessary, required or convenient to assure the privacy, safety, security and well-being of each such Lot and the Owners residing within the Property, provided, however, (hat such shall not deprive or unreasonably restrict any of such Owner's right to have access to and from such Lot. Nothing herein contained shall prohibit or limit the right of Declarant to extend the easement rights herein granted over, along and across the Private Roads within the Property to provide ingress and egress, utilities, drainage, and irrigation to property adjacent to the Property, but not Initially included with in the Property as described in this Master Declaration. Such right of use of the easements herein created may be extended by declarant to such additional property by either the annexation of such additional property under this Master Declaration or the recording of easement(s) by declarant in the official records of Ada County, Idaho, setting forth such right of use and extension of the easements, which recorded document shall specifically describe the additional property to be benefitted thereby. In the event of the extension of the easement rights to such additional property, Declarant shall make provision for the right of the Board to collect from the Owners of said additional property a reasonable sum as a contribution for the maintenance, repair and replacement of the Private Roads and security facilities, if any, within the Property, which contribution shall be reasonably related to use, should the Board not have the right, under the terms of this Supplement. to levy and collect any assessment against such additional property. In addition, Declarant shall have the right to grant any easement on, over. across and through the Private Roads to any governmental or quasi-governmental agency or utility company for access to any facilities owned, controlled or used by such grantee. SECTION 6.16 Maintenance. The Following provisions shall govern the maintenance of Lots and all Improvements thereon. (a) Landscape Maintenance by the Asso�ia#fgn. The Association, through its contractors and agents, shall be responsible far performing the following maintenance, repair and replacement within each Lot within the Property, with such frequency as determined in the reasonable discretion of the Association: 1, Mowing, edging, trimming and fertilization of all lawns (front, back, side); 2. Prune shrubs; 3. Weed and apply pre-emergent to any planter beds; 4. Start up aald close out of irrigation system; 5. Check and adjust sprinklers; B. Apply billbug application, as needed; 7. Apply dormant oil treatment and deep root feet to trees, as needed; 8_ Spring and fall clean up,including leaf mowing; and 9_ Snow removal as needed when there is new snow of 2"or more on roads, driveways. alleys and sidewalks. De-icer will not be used on concrete surfaces. SECTION 7.06 Duties of Associatlon. In addition to the powers delegated to it by the Articles, Bylaws and this Master Dec laraatian,without limiting the generality thereof,the Association or its authorized agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners and to perform each of the fallowing duties: (a) Operation and Maintenance of Common Area and Maintenance Areas. Perform, or provide for the performance of, the operation, maintenance and management of the Common Area and Maintenance Areas owned or controlled by the Association, or the Association is under obligation to pay andfor manage, including the repair and replacement of property or Improvementsa thereon damaged or destroyed by casualty loss, the maintenance, repair and replacement of any facilities, if any, installed by the Declarant, and the maintenance, management, repair or replacement all other property owned or controlled by the Association, all in compliance with all laws, plans , regulations, statutes and ordinances and agreements affecting the Property,whether recorded or unrecorded_ SECTION 7.07 Cost of Maintenance, Repairs and_.Replacement. The cost of the maintenance, repairs and replacements of the Improvements located on a Common Area or Maintenance Area, the drainage swales, if any, located thereon within the public rights)-of-way within the Property, or any other Improvement, property or faclIity required by this Master declaration to be maintained, repaired or replaced by the Association and the continuing operational expenses in connection therewith, including taxes, shall be paid by the Association from the funds of the Association obtained by Regular or Special Assessments against the Lots within the Property which are served thereby. Such costs and expenses (hereafter"cast and expenses")shall be apportioned among the Lots within the Property served thereby on an equal basis. The Association shall have the right to establish a reserve account to implement the purposes of this Master Declaration, and the Board shall have the right to assess each Lot an amount to be included in a Regular or Special Assessment, The amount of said Regular or Special Assessment shall be determined by the Board. The Board shall have the right to place all funds collected in an interest-bearing account in an appropriate financial institution. In the event the Association hoes not have adequate funds to pay the cost and expenses deemed by the Association to be required, the deficiency shall be assessed to each Lot, on ark equal#oasis, as a Special Assessment.