Draft Environmental Impact Report

Declaration of Road and Garage Maintenance Agreement

Agreement made on the , between

Whereas, the undersigned hereby declare that they are Homeowners of an easement in the nature of a private right-of-way or of lands to which such easement is attached, such easement being more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and

Whereas, the undersigned hereby declare that they are Homeowners of a garage or of lands to which an easement is attached, such land and/or easement being more particularly described in Exhibit B attached hereto and incorporated herein by this reference;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and declare that we shall bear equal shares of any and all costs required for maintenance and repairs of said easements and properties under the terms and conditions set forth herein:

1. Said easements described herein shall be used in common by said Homeowners of said easements or lands to which such easements are attached.

2. Said driveway easement (Exhibit A) shall be maintained in a good and useable condition and repair so as to be in conformity with all applicable state, county, and city ordinances.

3. Said garage easement (Exhibit B) shall be maintained in a good and useable condition and repair so as to be in conformity with all applicable state, county and city ordinances.

4. Repairs or maintenance of said easements shall be required when one Homeowner states and delivers in writing to the other Homeowner that certain maintenance is necessary. If the other Homeowner disagrees with such decision, this matter shall be referred to be solved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. Said Homeowners may also use Mediation to reach a decision on such maintenance. The Mediation shall be governed by the rules of the American Arbitration Association then in force and effect.

5. Homeowners shall then initiate the repair within sixty days with each Homeowners bound by this Agreement bearing equal shares of the expense thereof. Nothing herein shall be interpreted as requiring contribution for major improvements in the traveled portion in said easement, however, if such improvements are constructed, this Agreement shall apply to the repair of maintenance of said improved facilities.

6. Each of the undersigned Homeowners agree that they cause or allow said easement to be used in any manner which results in unusual wear or damage to the surface of said easement, they shall bear the costs and expense of restoring the surface as their sole and separate cost and expense.

7. If any of the Homeowners of said easement or lands to which said easement is attached fails, and is served in writing, to pay their proportion of the expense, action may be brought against them in a court of competent jurisdiction by the other Homeowner, for contribution and costs of such action, including legal fees.

8. This Agreement and declaration shall be deemed and is intended to run with the land and shall be a restriction upon said property and shall be binding upon the undersigned, their heirs, personal representatives, successors and assigns until such time as the said easement shall be converted to use as a public street by a governmental entity. It is the intent herein that this instrument shall be recorded and that any subsequent transferee of the property or any part thereof, by acceptance of delivery of a deed and or to conveyance of the said property shall be deemed to have consented to and become bound by these terms.

9. The terms "right of way” and “easement” shall be used interchangeably as appropriate.

10. Severability: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

11. No Waiver: The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Notices: Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

13. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding this date. This Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

14. Modification of Agreement: Any Modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

15. Assignment of Rights: The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express and written consent of the other party.

16. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, we have executed this Declaration of Road and Garage Maintenance Agreement effective this in the State of .