Road Maintenace Agreement

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Road Maintenace Agreement Powered By Docstoc
					            Road Maintenance Agreement (RMA)
This declaration is made by SUGARLOAF MOUNTAIN, LLC, a Montana
Limited Liability Company, herein referred to as “Declarant.”


(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. 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

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
   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

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

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.
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


      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
                                      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.1 9041                    Mount Vernon 9128
Marianne           9128               Oxide         9135
Boulder            10524              Montana       10524
Marie              10524              San Francisco 10524
Bald Hill          10524              Copper Hill   10524
Green Hill         10524              Helena 10635
Tamarack           10635              Buck          10635
Calumet            10635              Zone          10635
Union              10635              Denver        10636
Paul               10636              Nebraska      10636
May Flower         10180              Eva Lena      10189
Golden Gate 10189                     Helena        10635

The Following Claims located in Township 7 North, Range 5 West, County of Jefferson,
State of Montana;

Will Parkinson 3763   Placer   LT37
                                         “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= $100.00
Discretionary Budget=$1600.00 (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= $550.00
Lot 3 =$1600 X .60 (divided) by 17.1 X 7.3 =$409.82 (round up) $410.00

Going by section B's definitions each "Undeveloped Lot Owner" will Pay;

Lot 2=$1600 X .40 (divided) by 9.6 X 2.5=$166.67 (round up) $167.00
Lot 4=$1600 X .40 (divided) by 9.6 X 5.4=$360.00
Lot 5=$1600 X .40 (divided) by 9.6 X 1.7=$113.00


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