Road Maintenance Agreement (RMA)

Transcription

1 Road Maintenance Agreement (RMA) This declaration is made by SUGARLOAF MOUNTAIN, LLC, a Montana Limited Liability Company, herein referred to as Declarant. RECITALS (a) Declarants are the owners of the hereinafter described real property, and wish to impose thereon the requirement to maintain certain roads and related improvements, to the end that they remain in good and serviceable condition. (b) The real property which is and shall be held, conveyed, used and occupied subject to provisions of the Declaration (hereinafter called Sugarloaf Mountain Estates, which term shall also include any additional lots/tracts made subject to the terms of this declaration) and is more particularly described as follows: See Exhibit A (c) Any new lots created that abut the existing private roads of Sugarloaf Mountain Estates will have the option, if allowed by the county, to join and be a part of this Road Maintenance Agreement. NOW, THEREFORE, Declarants hereby declare and impose thereon the following requirements to assure maintenance of roads and improvements. Said requirements shall run with the land and shall be binding upon and enforceable by the owner(s) of each Lot/Tract subject hereto, their heirs, successors, and assigns. 1. The Declarants, and/or the Road Maintenance Association, shall have easement and control over all private roads shown by the plats of or any additions thereto. Nothing contained in this declaration or in the recordation of the plats or any future plats shall be construed as a dedication of such roads for public use, nor shall it be construed as an easement for right-of-way for the public use.

2 2. Road Maintenance Agreement Dues & Fees. The Members of the Association shall be entitled to one vote for each Lot/Tract the hold ownership of. All persons purchasing property within the area herein conveyed and subject to the Road Maintenance Agreement, by acceptance of their deeds, agree to pay their pro rata share of the funds necessary for the performance of its functions. There will be a minimal annual fee assessed for administrative purposes Post office Box, Income Tax, Postage etc. as well as an annual maintenance fee for road improvements, plowing, grading, etc. The Fees will be assessed as described in Exhibit B attached to this agreement. 4. Right-of-Ways and Easements. Declarant hereby grants a perpetual non-exclusive easement of right-of-way to each of the Lot/Tract Owners, as shown on the plats over all roads, lots/tracts and land for ingress and egress, and utility easements including, but are not limited to: water, power, and telephone systems. Right-of-ways include driveways to each lot/tract. Such easements shall be appurtenant to, and shall pass with the transfer of interest in any lot/tract. 5. Road Maintenance. Road maintenance and road improvements will be under taken whenever necessary to maintain the road in top operating condition at all times and to insure the provision of safe access by emergency vehicles. Such maintenance and improvements may include, but are not limited to; dust abatement, grading, filling of chuck holes, and snow plowing as needed. The cost of maintenance, repair, improvement, or reconstruction, and preservation of the roads shall be proportionally prorated among Owners of Lots/Tracts and once empowered, under the domain of the RMA. Unsold and undeveloped lots owned by the Declarants and/or assigns are exempt from this provision. 6. Improvements. An 80% percent vote of the Owners of the Lots/Tracts subject to the Road Maintenance Agreement may authorize road improvements to be made and financed by funds collected hereunder for that purpose. Furthermore, any paving shall be at the expense of the party requesting the paving. 7. Unusual Road Damage and Repair. If any road is damaged beyond the normal wear and tear of daily traffic, by the use of, construction vehicle transport, or other heavy vehicular traffic, then the costs of the repair shall be borne by the Lot/Tract Owner responsible for damaging or permitting the damage to occur. This is inclusive of family, guests or invitees authorizing the use of said road to that vehicular traffic. Such

3 repairs and maintenance may be undertaken by the Declarant or subsequent RMA, and the cost thereof, if not paid by the responsible party, shall become a debt to which such Owner is subject, provided that the Declarant or subsequent Home Owners Association gives the Owner thirty (30) days written notice of its intention to invoke the provisions of this paragraph. If the Owner fails or refuses to commence repairs within fifteen (15) days thereafter, the Declarant or subsequent Owners Association shall be authorized to commence repairs and invoke the provisions of this paragraph. 9. Any property Owner failing to contribute his or her prorated share of the cost of maintenance can be charged by the Road Maintenance Association for their proper share. Such charge, along with the cost of collection, including attorney's fees, may be collected by any legal process available for the collection of debts, including the enforcement of liens. 10. Effective Term. This Agreement shall be perpetual, and shall encumber and run with the land. 11. Binding Agreement. This Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns. 12. Recording and Filing. A copy of this Agreement shall be recorded with the County Clerk & Recorder, Jefferson County, Montana. 13. Amendment. This agreement may only be amended by an 80% vote of the Lot/Tract owners subject to the Road Maintenance Agreement. 14. Enforcement. This Agreement may be enforced by any Lot/Tract owner, Declarant, and/or Property Owners Association. 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 prevailing party.

4 THIS AGREEMENT shall be governed by the laws of the State of Montana. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS WHEREOF,have executed this Agreement as of this day of, 2007 STATE OF MONTANA ) County of ) On this day of, 2007, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared, and known to me to be the person whose name is subscribed to the within instrument of behalf of and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal on the day and year first-above written. Notary Public for the State of MONTANA Printed Name Residing at My Commission expires Page 5-Sugarloaf Estates Road Maintenance Agreement

5 Exhibit A The following mining claims located in Township 6 North, Range 5 West, County of Jefferson, State of Montana; Tip Top 9041 Oxide 9135 Nucleus 5415 Lone Pine 7973 Corrine 7975 Darwin 8475 Virgina 8656 Washington 9443 Mary A 9675 Butte 8913 Gallagher 8913 New Hampshire 8913 Maine 8913 Vermont 8913 Eva 8050 King Cole 7576 Summit 8478 Mono 8479 Red Cross Fraction 8480 Tiptop 9041 Florence No Mount Vernon 9128 Marianne 9128 Oxide 9135 Boulder Montana Marie San Francisco Bald Hill Copper Hill Green Hill Helena Tamarack Buck Calumet Zone Union Denver Paul Nebraska May Flower Eva Lena Golden Gate Helena The Following Claims located in Township 7 North, Range 5 West, County of Jefferson, State of Montana; Will Parkinson 3763 Placer LT37

6 Exhibit B Sugarloaf Estates Road Assessment Method A. All lot owners will be assessed a basic maintenance fee. The basic maintenance fee consists of fixed annual administrative fees such as liability insurance, Post Office Box fees, postage, office supplies and applicable income taxes. B. All lot owners will be assessed a fee for annual costs to maintain, repair or improve the maintained roads & roadway easement areas. a. Developed Lot Maintenance Fee i. Each Lot owner shall pay 60% of the approved Discretionary Budget, divided by the total number of miles or fraction of miles traveled by all of the developed lot owners to their properties, multiplied by the number of miles traveled by each owner to their property. b. Undeveloped Lot Maintenance Fee i. Each undeveloped lot owner shall pay 40% of the approved Discretionary Budget divided by the total number of miles traveled by all of the undeveloped lot owners to their properties, multiplied by the number of miles traveled by each undeveloped lot owners to their properties. C. The total fees due therefore are equal to the amount necessary for item A plus the amount necessary for item B (A+B=C) Here is an example of how the assessments would be calculated; Basic RMA Fee= $ Discretionary Budget=$ (for plowing, grading, filling etc...) The Private Road is a Total of= 10 Miles Lot 1 (Developed) miles to lot= 9.8 Lot 2 (Undeveloped) miles to lot=2.5 Lot 3 (Developed) miles to lot = 7.3 Lot 4 (Undeveloped) miles to lot=5.4 Lot 5 (Undeveloped) miles to lot=1.7 Total Developed Lot Miles=17.1 Total Undeveloped Lot Miles=9.6 So going by section B's definitions each "Developed Lot Owners" will pay; Lot 1 =$1600 X.60 (divided) by 17.1 X 9.8= $ Lot 3 =$1600 X.60 (divided) by 17.1 X 7.3 =$ (round up) $ Going by section B's definitions each "Undeveloped Lot Owner" will Pay; Lot 2=$1600 X.40 (divided) by 9.6 X 2.5=$ (round up) $ Lot 4=$1600 X.40 (divided) by 9.6 X 5.4=$ Lot 5=$1600 X.40 (divided) by 9.6 X 1.7=$ =$

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