PZ - Maintenance Agreement PRIVATE ROAD MAINTENANCE AGREEMENT
An Agreement made this original date of September 23rd, 2021, applicable to the
undersigned parcel owners and users,
RECITALS
WHEREAS,_Lennon Pointe Lane is a private road situated in the City of Meridian,
County of Ada, State of Idaho,and
WHEREAS,the undersigned parcel owners are the owners or users of the
Roadway Property situated in Meridian,County of Ada, State of Idaho, commonly
known as Lennon Pointe Lane, and described as follows:
WHEREAS,the parties desire to enter into an Agreement regarding the costs of
maintenance and improvements to Lennon Pointe Lane; and
WHEREAS,it is agreed that future parcel owners or users will add their
signatures to this document;
NOW THEREFORE,IT IS HEREBY AGREED AS FOLLOWS:
1.Vehicle and Pedestrian Access Easement. The Roadway Property shall be subject to
a perpetual,nonexclusive easement for ingress and egress granting access to all the parcel
owners and their occupants, agents, employees,guests,services and emergency vehicles,
and those individuals appointed by the Town Board to conduct semi-annual road reviews.
2. Utility Easement. The Roadway Property shall be subject to a perpetual,
nonexclusive public utility easement for the purpose of permitting above and below
ground public utilities to be installed and maintained.
3. Road Commission Agent.A Road Commission Agent shall be elected by a
majority of the property owners,will serve a tern as agreed to by the property owners,
and can be replaced or renewed at any time by a simple majority vote of the parcel
owners. The Road Commission Agent shall be responsible for monitoring the condition
of the road surface and initiating maintenance activities as needed to maintain the
minimum road surface standards.
4. Road Maintenance.Road maintenance and road improvements will be undertaken
and made whenever necessary to maintain the road in good operating condition at all
times and to insure the provision of safe access by emergency vehicles. A
majority vote of parcel owners is required for any road improvements and to accept the
bid for any road improvement contract.Before authorizing expenditures for future road
improvements,parcel owners will be notified by the Road Commission Agent,cost
estimates will be provided, and a majority agreement will be required. If any parcel
owner performs improvements,maintenance,repairs or replacements without the
approval of the other lot owners prior to performing such work,the lot owner performing
such work shall become liable for the entire cost thereof,unless such work is deemed an
emergency. However,where emergency repairs are necessary as more particularly noted
in Paragraph No. 13 below,neither majority vote nor prior approval is necessary before
making such improvements or undertaking such maintenance.
5. Parking.For the safety of the residents,no machinery,trailers,vehicles or
other property may be stored or parked upon the Private Road except parking of vehicles
for limited periods of time(not to exceed twelve hours).
6.Cost Sharing.Road maintenance, snowplowing and road improvement costs
shall be shared on a pro-rats basis between the parcel owners sharing access to the above
mentioned road. Each parcel owner's share of costs incurred shall be determined as
follows: Pro-rated cost share will be based upon the percentage of roadway extending
from the start of the Private Road to the intersection of each driveway where a residence
exists, or to the midpoint of a property frontage that is adjacent to the roadway when a
residence does not exist. The Road Commission Agent shall provide the Town an
updated copy of the cost allocations at any point that changes are made to the cost
allocations.
7.Prepayment.Prepayment of maintenance, snowplowing and improvement
costs will be made to the road maintenance account by each property owner.Annually,
on or before a date as specified by the Road Commission Agent, each parcel owner will
contribute their pro-rated share of the estimated annual cost for road maintenance,road
improvements,and annual snow removal. The Road Commission Agent shall send each
parcel owner a two week notice of the annual payments due.
S.Definition of a Parcel.A parcel is defined as a land entity having a certified
survey map (CSM), a platted subdivision lot number, or a parcel identification number in
the case of unplatted lands. Each parcel is assessed and granted(1)vote regardless of the
number of owners. If a parcel is owned by more than one person, all of the owners of the
parcel will colloctivoly bo rcferrod to w the"parcel owner"for purposes of this
Agreement, and will be entitled to one collective vote(i.e. each parcel represents one
vote in the matters covered by this Agreement).
9.Future Parcels.Any additional parcels gaining access to the Private Road by way of
splitting existing parcels will be bound by all terms and conditions of this agreement,
and will be required to pay that portion of the maintenance, snowplowing and
improvement costs incurred after the split as determined using the formula contained in
Paragraph No. 6 above. If any additional parcels are created after the original Private
Road Maintenance Agreement is signed,the new parcel owners must also sign the
agreement.When a parcel is being sold on a land contract,the land contract vendee shall
be deemed the owner of record.
10. Snow Plowing.The Private Road shall be snowplowed so as to permit year
round access. The cost shall be shared by the parcel owners as indicated in Paragraph No.
6 above.Individual driveway snow plowing, if desired,will be invoiced to the parcel
owners directly by the snow plow contractor.
11. Checldng Account.The Road Commission Agent shall establish and
maintain a bank checking account with a local bank, and will prepare and distribute to the
herein affected parcel owners an annual income and expense report and a yearend
balance sheet, accounting for all funds received and disbursed.
12.Annual Road Reviews by Town.A Private Road serving 3 or more lots or
parcels shall be part of the Town's annual road reviews. The adjacent property owners
will be notified of any observed improvements needed on Private Roads, and
improvements must be made by the residents on the Private Road. If the improvements
are not made within 2 months from notification(or within a time frame otherwise agreed
to by the Town Board),the Town will make the improvements and bill the work to the
property owners.The cost will include both the Town's expenses for staff time and the
contractor's expenses for the actual road improvements. The costs must be fully paid
within 2 months from the date of the invoice(or within a time frame otherwise agreed to
by the Town Board). If the costs are not paid by this time,the Town will certify the costs
(including both the construction and administrative costs)to the County tax roll, for all
residents living on the Private Road.
13.Emergency Repairs.If the Town is made aware of emergency safety
conditions on a Private Road,the Town will attempt to reach the Road Commission
Agent and request that the necessary repairs be completed immediately. However,if the
Town is not able to reach the Road Commission Agent,the Town has the authority to
make emergency repairs as needed without further notification of the residents on the
road. In such cases,the property owners will be notified after the repair of the cost and
amount due from the residents, as well as the reasons for making the emergency repairs.
The schedule and process for reimbursement to the Town will be as described in
Paragraph No. 12 above.
14.Effective Term.This Agreement shall be perpetual, and shall encumber and
run with the land as long as the road remains private.
15. Binding Agreement. This Agreement shall be binding upon the parties
hereto,their respective heirs,executors, administrators and assigns.
16.Amendment.This Agreement may be amended only by a two-thirds
majority consent of all parcel owners.
17.Enforcement. This Agreement may be enforced by a majority of parcel
owners. If a court action or lawsuit is necessary to enforce this Agreement, the party
commencing such action or lawsuit shall be entitled to reasonable attorney fees and costs,
if the party prevails.
18.Disputes.If a dispute arises over any aspect of the improvements,
maintenance,repair or replacement,a third party arbitrator shall be appointed to resolve
the dispute.The decision of the arbitrator shall be final and binding on all of the lot
owners. Contact information for local arbitrators can be obtained through the American
Arbitration Assocation. In selecting a third party arbitrator, each lot shall be entitled to
one vote, and the nominee receiving a majority of the votes shall be the arbitrator.All
parties shall share in the cost of any arbitration.
19. Notices. Parcel owners under the Agreement shall be notified by mail or in
person. If an address of a parcel owner is not known,a certified notice will be mailed to
the address to which the parcel owner's property tax bills are sent.
20.Invalidity. Should any provision in this Agreement be deemed invalid or
unenforceable,the remainder of the Agreement shall not be affected and each term and
condition shall be valid and enforceable to the extent permitted by law.
21. Other Agreements.This Private Road Maintenance Agreement replaces all
previous Private Road Maintenance Agreements regarding the described Private Road.
22. Town Road and Driveway Ordinance. The Private Road shall be
constructed and maintained in accordance with the Town's Road and Driveway
Ordinance.
23.Disclaimer by Town.It is understood and agreed that the Town,the Town Board,
the Plan Commission and the agents of the Town shall not be liable or responsible in any
manner to the developer or the property owners along the road, or to their contractors,
subcontractors,agents,or any other person,firm or corporation, for any debt, claim,
demand, damages,action or causes of action of any kind or character arising out of or by
reason of the activities or improvements being required herein.
24.Recording This Document. Original and amended copies of this document,
including added signatures, shall be recorded and provided to the Town Clerk by the
Road Commission Agent.
Signed,
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