ROAD MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS THAT
ARBOR INVESTMENT COMPANY, A MICHIGAN CO-PARTNERSHIP,
WHOSE ADDRESS IS: P.O. BOX 1138, 830 SOUTH CEDAR STREET, KALKASKA, MICHIGAN, 49646;
(The parties hereto, their heirs, successors and assigns are hereinafter referred to as, “Owner” or “Owners”), being the Owner of each of the Parcels described by survey recorded under Reception Number 3077981 , Kalkaska County Records, and attached hereto as “Exhibit A” (hereinafter referred to as, “Kalkaska West – Phase I”), hereby establishes an agreement for improvement, maintenance and use of that portion of KALKASKA WEST - PHASE I described as Easement “A” (hereinafter referred to as “WASHINGTON AVENUE NW”) more fully described below.
WASHINGTON AVENUE NW which is the roadway Easement within KALKASKA WEST - PHASE I referred to as Easement “A” described below and further described by survey recorded under Reception Number 3077981, Kalkaska County Records, and attached hereto as “Exhibit A”.
EASEMENT “A” AND (TEMPORARY TURN AROUND)
An 86 feet wide easement for ingress, egress and the installation and maintenance of public and private utilities over and across that part of the Southeast 1/4 of Section 18, T27N-R7W, KALKASKA TOWNSHIP, KALKASKA COUNTY, MICHIGAN, the South Line of said Easement being described as: Commencing at the East 1/4 Corner of said Section 18; thence S00deg55’26”W along the East Line of said Section and the centerline of West Kalkaska Road, 347.23 feet to the Point of Beginning of said South Line; thence N89deg57’49”W, 1463.68 feet to the Point of Ending of said 86 feet wide Easement South Line; thence S00deg02’11”W, 24.00 feet to the center of a 9.00 feet radius temporary cul-de-sac turn around Easement.
It is the intent of this agreement to provide an effective yet convenient mechanism for the afore described KALKASKA WEST - PHASE I OWNERS to maintain said WASHINGTON AVENUE NW in a reasonably safe condition suitable for the installation and maintenance of public and private utilities and for the safe, efficient travel by the current and future owners, their successors and assigns, their guests, invitees and governmental agencies. It is the intent of this agreement to maintain WASHINGTON AVENUE NW in a reasonably suitable condition for travel, and to maintain the road at that level of care of condition that would be similar to but not identical as that required by COUNTY ROAD COMMISSION standards for public roads. To that end the undersigned agree that the road should from time to time be maintained including but not limited to having the gravel shoulders maintained, maintain the crown and drainage from said road and that accumulation of snow and other hazards should be removed from time to time as needed. This agreement shall be in addition to any and all governmental restrictions that may be applicable to the maintenance and repair of said WASHINGTON AVENUE NW.
The cost of improving, maintaining and repairing WASHINGTON AVENUE NW such as, by the way of illustration and not necessarily by way of limitation, the construction, improvement, snow plowing, surfacing and re-surfacing, brining and/or applying chloride, grading and other like or similar improvements, maintenance or repairs shall be shared equally by all Parcels in KALKASKA WEST - PHASE I; the owner or owners of each Parcel in KALKASKA WEST - PHASE I, their successors or assigns shall be obligated to pay his or her share of any such costs when due. If any of the original Parcels are subdivided, the resulting parcels created by the division shall be considered separate Parcels for all purposes under this agreement. The cost of maintenance and repair of any secondary roads that are attached to WASHINGTON AVENUE NW shall be the financial responsibility of the Owners whose driveways attach to the secondary road.
Each and every fourth Saturday of July at 10:00 a.m., there shall be a meeting of the Parcel Owners at the junction of Washington Avenue and West Kalkaska Road for the purpose of determining repairs or maintenance on the private road known as Washington Avenue NW. A simple majority of the Property Owners present is all that is needed to determine the extent of repair and maintenance and to authorize such work, for which all Parcel Owners are financially obligated. Each Parcel Owner shall have one (1) vote. A Parcel Owner may have his vote voted by proxy as long as said proxy is in written form. Further, a simple majority of the Parcel Owners present or those voting by proxy should also determine the method of paying for any necessary repair or maintenance on Washington Avenue NW. All Parcel Owners shall equally contribute to the repair and maintenance of Washington Avenue NW as determined by the Parcel Owners at said meeting. If any Parcel Owner shall fail to pay their respective share as determined at the fourth Saturday of July meeting, then any other Parcel Owner may sue to enforce this Agreement and obtain a judgment in an amount necessary to satisfy said Parcel Owner’s respective share in addition to and together with actual costs and attorneys fees incurred in filing and prosecuting said suit and actual costs and attorneys fees incurred in the collection of said sums. Further, said judgment shall automatically become a lien upon the Parcel Owner’s parcel(s) which may be foreclosed upon by advertisement.
Each Owner shall be responsible to promptly repair any damage caused to WASHINGTON AVENUE NW of whatever kind or nature by such Owner, his guests, his invitees, and by any contractor, tradesman or utilities supplier entering the subject lands at that Owner’s request. If such Owner fails to make such repairs, to the reasonable satisfaction of the remaining Owners, the other Owners (by majority vote) may do so and charge the cost of such repairs to such Owner. IF UNPAID, such charges shall be a lien against the property owned by the Owner who is responsible for the damages.
· No heavy equipment will be permitted on or across WASHINGTON AVENUE NW during the time that the Kalkaska County, Michigan “frost laws” are in effect each spring. The type and weight of the equipment not permitted and the “frost laws” beginning and ending dates will be according to established County guidelines.
· Nothing herein shall prevent the creation of a non-profit corporation or association to accomplish the purposes intended.
· At any time, the Owners may establish a road committee to deal with future road issues as they may occur. If any action is to be taken that affects WASHINGTON AVENUE NW, such as but not limited to paving, attachment of secondary roads, culverts, etc., then the procedure for voting established in the paragraph “4. DETERMINING MAINTENANCE NEEDS” shall be followed. A single private residential driveway that attaches to WASHINGTON AVENUE NW is exempted from this provision.
· An absent Owner may vote upon matters to be decided by the giving of a written proxy to another person or by the giving of a clearly and unambiguously written statement of the Owner’s position on those matters that have been previously scheduled for a vote. The Vendee(s) under a land contract for the sale of any Parcel or Parcels may be given the proxy of the fee Owner, if their contract so provides. Such a vendee or vendees shall be and become full voting participants and responsible parties under this agreement.
The rights and responsibilities set forth in this agreement shall be perpetual and shall run with the land. They shall be binding upon the Parcels within KALKASKA WEST - PHASE I, the current and future owners thereof and their heirs, successors and assigns. The provisions of this agreement may be amended or terminated but only with the consent of 3/4 of the Owners.
IN WITNESS WHEREOF: The parties have executed this “ROAD MAINTENANCE AGREEMENT FOR WASHINGTON AVENUE NW A PRIVATE ROAD EASEMENT IN THE DEVELOPMENT OF KALKASKA WEST - PHASE I” and have caused their hands and seals to be affixed hereto the day and year written below.
SIGNED, SEALED, AND DELIVERED IN PRESENCE OF:
ARBOR INVESTMENT COMPANY
A MICHIGAN CO-PARTNERSHIP
BY: ROBERT BURGIN
ITS: MANAGING PARTNER
STATE OF MICHIGAN
COUNTY OF KALKASKA
THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 9TH DAY OF JULY, 2007, BY ROBERT BURGIN ON BEHALF OF ARBOR INVESTMENT COMPANY, A MICHIGAN CO‑PARTNERSHIP, AS ITS MANAGING PARTNER.
MY COMMISSION EXPIRES: JUNE 11, 2012 KATHLEEN M. KITCHEN, NOTARY PUBLIC
ANTRIM COUNTY, MICHIGAN
ACTING IN KALKASKA COUNTY, MICHIGAN
INSTRUMENT DRAFTED BY: ROBERT BURGIN, NORTHERN LAND COMPANY BROKER
BUSINESS ADDRESS: P.O. BOX 1138, 830 S. CEDAR STREET, KALKASKA, MICHIGAN, 49646