Fill and Sign the New Jersey Electronic Version Form

Private Road Maintenance Agreement Agreement made on the _____________ (date), between __________________ (Name of Developer), a corporation organized and existing under the laws of the state of ______________, with its principal office located at __________________________ ______________________________________ (street address, city, state, zip code), referred to herein as Developer, and the County of ______________________ (Name of County and State), hereinafter referred to as County. Whereas, this Road Maintenance Agreement will be for the benefit of future subdivision lot owners who will use the private road easement (hereinafter referred to as Lot Owners), which shall include the Developer to the extent the Developer retains any ownership interest in any lot or lots); and Whereas, this Agreement is required as a condition of approval by the County of _______________________ (Name of County and State), a subdivision project as defined in _________________________________ (Cite County Ordinance); and, Whereas. Developer is the Owner of certain real property being subdivided and developed as that will use and enjoy the benefit of said road easement; and Whereas, a complete legal description of said real property (hereinafter referred to as the Property), is attached hereto as Exhibit A, and incorporated by reference; and Whereas, it is the mutual desire of the parties hereto that said private road easement be maintained in a safe and usable condition by the Lot Owners; and, Whereas, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of said private road easement and for the apportionment of the expense of such maintenance and repair among existing and future Lot Owners; and Whereas, the County shall be deemed a party hereto with the right but not the obligation to enforce full compliance with the terms and conditions of this Agreement; and Whereas, it is the mutual intention of the parties that this Agreement constitute a covenant running with the land, binding upon each successive Lot Owner of all or any portion of the Property; Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, the parties hereto agree as follows: 1. Subject to the conditions and provisions herein contained, the parties hereby irrevocably and unconditionally covenant and agree as follows: (a) that upon the execution and delivery of this agreement the owner of each and every lot or parcel of real property referred to in the foregoing agreement shall pay to developer the amount of the annual county property tax, for each tax unit for which the county collects (hereinafter referred to as tax unit a) an amount equal to an amount established by ordinance of said county, for any year of the last seven years and not including the current year, which shall be equal to the sum of the property taxes due for the years 2010 and 2011 (hereinafter referred to as “the tax unit amount"). However, where tax unit a contains the real property lot or parcels contained in a single property lot, such tax unit would include both the parcel and the owner of such parcel (hereinafter referred to as “the tax unit owner"). 2. That if the owner of such real property lot or parcels of real property for which taxes are hereby assessed as tax unit a chooses to not pay said taxes for any reason, developer shall have the option of pursuing any of the following remedies: (i) to have said real property owner serve on a condemnation proceeding, (ii) a lawsuit to compel the owner to pay the aforesaid amount and (iii) a lawsuit to enforce (by suit and jury) the tax levy or levy by ballot initiative. 3. That no tax collection is made under the taxing authority of this state under the above-specified act if tax collection in this county by such authorities is impeded due to lack of funding available to the counties, as measured by the amount of tax levy at the last county election to be held in the county. 4. That any person who pays the taxes unit amount on a lot or lots pursuant to this agreement shall thereafter have the right under this agreement to challenge in the county court by petition, and if successful, a judgment shall be entered to direct payment of the taxes, provided however that no tax unit owner seeking to challenge a tax amount under this agreement shall serve that person's tax liability as a defendant in a suit to compel payment of such tax. 5. That the developer shall not require a tax unit owner to maintain the integrity or durability of any street or road easement, under any circumstance. 6. That the county or any of its agencies, as well as any other public body, shall.