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ROAD MAINTENANCE AGREEMENT
THIS ROAD MAINTENANCE AGREEMENT is made as of this 27 day of May, 2003, by FLOREY's RANCH DEVELOPMENT, INC., a
Michigan corporation of 3471 - 146th Avenue, Zeeland, Michigan 49464 (hereinafter referred to as the "Owner").
WHEREAS,
the owner is the owner of certain real property located in the Towship of Grant, County of Grand Traverse and State of
Michigan, more acuragely described on the attached Exhibit "A" which is incorporated herein by reference (hereinfter referred
to as "Parcels 12,13,14,15,16 and 17" or "Lots" collectively and individually as a "Lot";
WHEREAS, the Lots are or will
be accessed by a private road easement for ingress, egress and the installation and maintenance of private and/or public
utilities as more accurately described on the attached Exhibit "A" which is incorporated herein by reference (hereinafter
referred to as "Switchback Trail" or the "Road Easement"); and
WHEREAS, the Owner desires to impose certain road
maintenance and repair obligations upon said Lots regarding the Road Easement for the benefit of all who may from time to time
become the owners thereof and to make sales of land together with and subject to a non-exclusive, perpetual easement for
ingress, egress and the installation and maintenance of public and private utilites (the Road Easement) and subject to such
maintenance and repair obligations, whether or not said obligations shall be expressly set forth in the conveyances evidencing
such sales.
NOW, THEREFORE, in consideration of the premises and the rights reserved herein, and in order to accomplish
the foregoing purposes and to allow the use of the Road Easement, the undersigned hereby places and imposes upon Parcels 12,
13, 14, 15, 16 and 17 the following obligations which shall run with the land and shall bind and inure to the benefit of the
undersigned and its successors and assigns, and their respective heirs, successors and assigns:- PRIVATE ROAD: The
roadway within the road easment will be private and neither the Grand Traverse County road commission nor Grant Township will
have any obligation to build, repair or maintain the road or the Road Easement in any manner. No Grant township funds are to
be used to build, repair or maintain the private road. Owner agrees to hold Grant Township, its officers and employees,
harmless and to indemnify them from liability for personal injury or property damage directly caused by the Township's
authorization of such private roadways. In the event that repairs and maintenance are not made within six (6) months of the
date of notice from the Grant Township Zoning Administrator, Grant Township may bring the road up to county Road Commission
standards and assess ownwers of parcels on the private road for the cost of all improvements, plus an administrative
fee.
Parcels 12, 13, 14, 16, 16 and 17 each individually have private road access across a permanent 66 foot
easement which is a matter of rcord and part of the deed to each of Parcels 12, 13, 14, 15, 16 and 17. This notice is to make
the purchaser aware that Parcels 12, 13, 14, 15, 16 and 17 have ingress and egress over this easement only. - COST
SHARING: The cost of road maintenance improvements, plowing, resurfacing, and any other road or Roead Easement maintenance
costs will be apportioned equally to all of the Lots; the owner or owners of each Lot shall be obligated to pay his or her
share of any costs when due.
- OWNER'S MEETINGS: The owner or owners of twenty percent of the Lots, i.e. two (2) Lots, may
call a meeting of the owners to make decisions under this Agreement. Owners shall be given at least ten days advance, written
notice of the time, place and purpose of the meeting. Notice shall be served wither in person or by regular U.S. Mail. An
owner not phyusically present at the meeting may participate in writing (proxy or written consent) or through a telephone
conference. The participation of the owner or owners of seventy percent of the Lots, i.e. five (5) Lots, constitutes a quorum
to conduct business at a meeting i.e. the owner or owners of seventy percent of the Lots must be present at the meeting,
participate in the meeting telephonically or provide a proxy or written consent to conduct business. Decisions made at the
meetings shall be put in writing, with copies provided to each owner of a Lot. Each Lot is entitled to one
vote.
- MAINTENANCE DECISIONS: All decisions regarding road maintenance, including but not limited to, the determination of
what work is required, who shall be hired to do the work, and the method of payment, shall be made by agreement of the owner
or owners of a majority of the Lots participating at a duly called meeting of the owners i.e. the vote or consent of the owner
or owners of a majority of the Lots at a meeting where a quorum is present.
- DELEGATION OF AUTHORITY: At the meeting of
owners, the owners may authorize one or more persons to make arrangements or agreements with third parties. The person or
persons authorized shall not have any personal liability for more than their apportioned share of any costs incurred as long
as the person or persons acted in good faith and reasonably within the authority granted.
- USE RESTRICTIONS: All owners
agree that the road and Road Easement shall be used only for the purposes of ingress and egress and the installation and
maintenance of public and private utilities. Alll parties to this Agreement, the Owner, by recofding this Agreement, and all
subsequent owners of Lots, by taking ttitle to a Lot, agree that the Road Easement shall be used only for residential purposes
by the owners and their respective guests and invitees, and for emergency, utility, necessary publis Service, delivery and
construction vehicles. No owner shall prohibit, restrict, limit or in any manner interfere with normal ingress and egress and
use by any of the other owners or their family, guests, invitees, vendors, trades-persons, delivery persons or others bound to
or returning from any of the Lots having to need to use the roadway.
- COLLECTION OF COSTS: If any owner fails or refuses to
pay his or her share of any costs apportioned hereunder or fails to abide by the terms of this Agreement within thirty days
after written notice thereof is given, such share or costs shall be a lien against such owner's Lot. The aggrieved owner or
owners may take such legal action as necessary to recover unpaid costs or otherwise enforce this Agreement.
- INCORPORATION:
The owners may incorporate a non-profit organization to assume and discharge their responsibilities hereunder.
- NEW OWNERS:
By purchase of a Lot subject to this Agreement, the purchaser thereof consents and agrees to be bound by all the terms and
conditions set forth in this Agreement.
- PERPETUITY: This Agreement shall run with the land and bind and benefit the Road
Easement, the ots, and the owners thereof, in perpetuity.
- COMPLIANCE WITH ZONING ORDINANCE(S): The owners agree to grade,
drain, and otherwise maintain the road and Road Easement in accordance with any requirements of the Grant Township Zoning
Ordinance and the Grand Traverse County Ordinance, if any.
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