Loading...
PZ - Private Road Maintenance Agreement PRIVATE ROAD MAINTENANCE AGREEMENT An Agreement made this original date of February 1, 2022, applicable to the undersigned Lot owners and users, RECITALS WHEREAS, BLANK Lane (“Private Road”) is a private road situated in, County of Ada, State of Idaho, and WHEREAS, the undersigned Lot owners are the owners or users of the property situated in, County of Ada, State of Idaho, commonly known as the Private Road, and as shown as Exhibit X: Exhibit X: Legal Description for Lot XXXXXX Exhibit X: Legal Description for the Private Road Exhibit X: A recorded Plat creating all the Lots above A private road ingress/ egress easement has been designated hereon as a private road, BLANK Lane, which provides a perpetual right of ingress and egress over and upon said ingress/ egress easement, to the owners of Lot XXXX and is to be maintained by the owners of said Lots XXXX. The responsibility of the maintenance shall be shared equally. WHEREAS, the parties desire to enter into an Agreement regarding the costs of maintenance and improvements to the Private Road; and WHEREAS, it is agreed that future Lot owners or users will be bound by this agreement; NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Vehicle and Pedestrian Access Easement. The Road shall be subject to a perpetual nonexclusive easement for ingress and egress granting access to all the Lot owners and their occupants, agents, employees, guests, services, and emergency vehicles. 2. Utility Easement. The Road 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 Manager. A Road Manager shall be elected by a majority of the property owners, will serve a term as agreed to by the property owners, and can be replaced or renewed at any time by a simple majority vote of the Lot owners. The Road Manager 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 Page 1 of 4 to insure the provision of safe access by emergency vehicles. A majority vote of all Lot owners is required for any road improvements and to accept the bid for any road improvement contract. Before authorizing expenditures for future road improvements, the Lot owners will be notified by the Road Manager, cost estimates will be provided, and an agreement will be required. If any Lot 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 in deemed an emergency. However, where emergency repairs are necessary as more particularly defined in Paragraph 21 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 one hours). 6. Cost Sharing. Road maintenance, snowplowing and road improvement costs shall be shared on a pro-rata basis between the Lot owners sharing access to the above-mentioned road. 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 Manager, each Lot owner will contribute their pro-rated share of the estimated annual cost for road maintenance, road improvements, and annual snow removal. The Road Manager shall send each Lot owner a two week notice of the annual payments due. (1) Definition of a Lot/ Lot Owner. A Lot is defined as a land having a Lot identification number and having frontage on or taking access to the private road. Each Lot is assessed and granted a vote regardless of the number of owners. If a Lot is owned by more than one person, all of the owners of the Lot will collectively be referred to as the “Lot owner” for purposes of this Agreement, and will be entitled to one collective vote (i.e. each Lot represents one vote in the matters covered by this Agreement). When a Lot is being sold on a land contract, the land contract vendee shall be deemed the owner of record. 8. Future Lots. Any additional Lots gaining access to the Private Road by way of splitting existing Lots 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 Lots are created after the original Private Road Maintenance Agreement is signed, the new Lot owners must also sign the agreement. When a Lot is being sold on a land contract, the land contract vendee shall be deemed the owner of record. 9. Snow Plowing. The Private Road shall be snowplowed so as to permit year-round access. The cost shall be shared by the Lot owners as indicated in Paragraph No. 6 above. 10. Checking Account. The Road Manager shall establish and/or maintain a bank checking account with a local bank and will prepare and distribute to the herein-affected Lot owners an annual income and expense report and a year-end balance sheet, accounting for all funds received and disbursed. 11. Effective Term. This Agreement shall be perpetual and shall encumber and run with the land as long as the road remains private. Page 2 of 4 12. Binding Agreement. This Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns. 13. Amendment. This Agreement may be amended only by a two-thirds majority consent of all Lot owners. 14. Enforcement. This Agreement may be enforced by a majority of Lot 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. 15. 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 the lot owners. Contact information for local arbitrators can be obtained through the American Arbitration Association. 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. 16. Notices. Lot owners under the Agreement shall be notified by mail or in person. If an address of a Lot owner is not known, a certified notice will be mailed to the address to which the Lot owner’s property tax bills are sent. 17. 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 conditions shall be valid and enforceable to the extent permitted by law. 18. Other Agreements. This Private Road Maintenance Agreement replaces all previous Private Road Maintenance Agreements regarding the described Private Road. 19. Recording This Document. Original and amended copies of this document, shall be recorded and provided to the all Lot owners by the Road Manager. 20. Emergency Repairs. If there is made aware of emergency safety conditions on a Private Road, all the Lot owners will attempt to reach the Road Manager and request that the necessary repairs be completed immediately. However, if the Lot owners are not able to reach the Road Manager, the Lot owners by way of majority vote have 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. Emergency repairs must be paid within 2 months from the date of the invoice (or within a timeframe otherwise agreed to by the majority of the Lot owners). 21. Disclaimer for the Lot Owners. It is understood and agreed that the Lot Owners, and their agents thereof shall not be liable or responsible in any manner to the developer or the Lot owners, or to the Lot owners’ 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. Signed, BLANK Date Page - 3 - of 4 BLANK Date BLANK Date BLANK Date STATE OF IDAHO ) : ss. County of Ada ) On this _____ day of _______________________, 2022, before me, the undersigned Notary Public in and for said State, personally appeared BLANK, known or identified to me to be the property owner of Lot X that executed the Private Road maintenance agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ____________________________________ Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: _______________ STATE OF IDAHO ) : ss. County of Ada ) On this _____ day of _______________________, 2019, before me, the undersigned Notary Public in and for said State, personally appeared BLANK, known or identified to me to be the property owners of Lot X that executed the Private Road maintenance agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ____________________________________ Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: _______________ Page 4 of 4