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
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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.
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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
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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: _______________
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