Fill and Sign the Road Maintenance Agreement Form

ROAD MAINTENANCE AGREEMENT WHEREAS, ___________________________ and ________________________(hereinafter referred to collectively as “the Parties”) do intend to provide for the joint and several maintenance of a road (hereinafter referred to as “the Road”) to be shared and used equally by them and agree to the following terms and conditions: 1. Description of Road. The road to be maintained is known as ___________________, and is more fully described as: (INSERT LEGAL OR OTHER DETAILED DESCRIPTION) 2. Ownership. Ownership of the Road is vested in _____________________, by virtue of that certain Deed, dated ________________ and filed of record in Book____, at Page____ of the land records of ____________County, State of _______________. (NOTE: OWNERSHIP MAY BE JOINTLY HELD BY THE PARTIES AND DESCRIBED AS APPROPRIATE) 3. Duties. Each of the Parties shall be jointly and severally responsible for the maintenance of said Road, including but not limited to the resurfacing, grading, removal or installation of culverts and drainage pipes, and removal of any obstructions of the road. Said maintenance shall include equal responsibility of the Parties for all costs involved. 4. Failure to Agree. If either of the Parties does not agree to an expenditure of maintenance, the dispute shall be referred to ___________________, who shall act as arbitrator in the matter and whose decision shall be accepted by both Parties as being final in the disputed matter. (NOTE: THIS PROVISION MAY BE DELETED BY THE PARTIES) 5. Use of the Road. The Parties agree that the use of the road shall be shared equally and neither shall have the right to interfere with the use of the road by the other. Further, the Parties agree that each and the other may extend the right of use of the Road to guests and visitors. 6. Term and Termination. This agreement shall extend from and after the date of signing by both Parties for a period of ____ (___) years from the date thereof and shall be renewed automatically for similar periods unless terminated sooner pursuant to this Article. Either of the Parties may terminate this Agreement only by providing written notice of such termination ______ (__) year prior to the ending of the initial or any renewal period. 7. Addresses of Parties. The addresses of the respective Parties to this Agreement for notice purposes are as follows: - 1 - ____________________________________ ____________ ____________________________________ _______________ ____________________________________ _______________ 8. Successors in interest. The Parties agree that this Agreement shall run with the land as a covenant and shall be binding upon their successors in interest, assigns, heirs and personal representatives. 9. Applicable Law. The Parties agree that this Agreement shall be subject to and construed in accordance with the laws of the State of _________________. 10. Severability. The Parties agree that in the event that any of the terms or conditions of this Agreement are found to be invalid by a court of competent jurisdiction, then the remainder of the Agreement shall be accorded the fullest effect feasible under then existing circumstances. WITNESS our signatures, this the ____ day of _________________, _____A.D. ___________________________ (Name) ____________________________ (Name) (INCLUDE APPROPRIATE NOTARY/ACKNOWLEDGMENT FOR SPECIFIC STATE) - 2 -