Loading...
HomeMy WebLinkAbout(30) Road Maintenance Agreement the Links 10-02-2020 SHARED ROAD MAINTENANCE AGREEMENT This shared road maintenance agreement (“Agreement”) is entered into effective this _____ day of _______________, 2019 (“Effective Date”) by and between Bridger Center, LLC, developer of Bridger Meadows Major Subdivision, with an address of 1450 Cherry Dr., Bozeman, Montana 59715 (“Bridger Center”) and The Links Condominium Owner’s Association with an address of _____________, Bozeman, Montana 59716 (“The Links”). Bridger Center and the Links are collectively referred to in this Agreement as the “Parties.” WHEREAS, Bridger Center is the owner of real property also known as [Insert Legal when we have it], Gallatin County, MT (“Bridger Center Tract”) described in the _____. filed for record in the office of the Clerk and Recorder of Gallatin County, Montana; WHEREAS, the Links is the owner of real property also known as [Insert Legal when we have it], Gallatin County, MT (“Links Tract”) described in the _____. filed for record in the office of the Clerk and Recorder of Gallatin County, Montana; WHEREAS, The Links Condominiums exists pursuant to the Condominium Declarations on file including the following: Title of Document Recording Date and Recording Information Declaration for the Links Condominium August 1, 2008 Document No. 2307174 Amendment to the Declaration for the Links Condominiums July 13, 2009 Document No. 2336405 Second Amendment to the Declaration for the Links Condominiums September 23, 2009 Document No. 2342813 Third Amendment to the Declaration for the Links Condominiums March 9, 2017 Document No. 2574086 Addendum to the Declaration for the Links Condominiums May 21, 2018 Document No. 2614252 Fifth Amendment to the Declaration for the Links Condominiums March 28, 2019 Document No. 2640994 Sixth Amendment to the Declaration for the Links Condominiums February 4, 2020 Document No. 2672117 Seventh Amendment to the Declaration for the Links Condominiums April 15, 2020 Document No. 2678523 WHEREAS, the Links utilizes the interior condominium roads known as ____________(Condominium Roads) within the Links Condominiums in Gallatin County, Montana; WHEREAS, the Bridger Center Tract will use a portion of _____________ as its access. WHEREAS, the Parties to this Agreement agree to proportionately share maintenance costs for Sunburst Dr. (“the Bridger Center Access”) (See attached Exhibit A); NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, the Parties covenant and agree as follows: 1. Maintenance. Maintenance. The cost for all maintenance, repair and replacement (“Maintenance”) of the Bridger Tract Access shall be the proportionately shared responsibility of the Parties, and their heirs, successors, and assigns. a. Apportionment of Cost. Bridger Center agrees to pay 28.6% of all road maintenance invoices. b. As used herein, Maintenance is defined as the work normally and routinely necessary to preserve, repair, and keep the road in its current and functional condition, and to keep the roads open year-round for two-wheel drive and emergency vehicular traffic during the winter. Maintenance includes sealing, repairing cracks and pot holes, weed control, snow removal, replacement of the road and removal of fallen trees, vegetation, and debris. 2. Extraordinary Use. Each Party shall be separately responsible to repair, and for the costs thereof, of any damage caused to the easement due to extraordinary use. "Extraordinary use" shall include, but is not limited to: movement of construction equipment, moving vans, commercial trucks, or other heavy loads; movement of recreational vehicles, or increased usage not ordinarily consistent with normal passenger vehicle automobile traffic. Party that causes the Extraordinary use, shall be responsible for repairs or costs. In the event that any Party or their agents, employees or guests cause the type of damage described herein and fail to make the necessary repairs within ninety (90) days, the other Party may do so after notice to such owner, and any costs so expended shall be a burden upon the land of such Party with a lien enforceable as set forth herein in Section 4. 3. Contracting for Service. For effective letting of contracts for service to perform Maintenance, as described above, the Links shall, no later than April 10 of each year, present bids to Bridger Center for summer Maintenance of the Bridger Center Access. Bridger Center shall have 10 days to object to bids in writing. The Links shall, no later than September 10 of each year, present bids to Bridger Center for winter Maintenance of the Bridger Center Access. Bridger Center shall have 10 days to object to bids in writing. If no objection is given to The Links, The Links may enter into the Maintenance agreements. The Parties agree that it is in their mutual best interest to agree upon service contracts in order to maintain the Bridger Center Access. Therefore, if Bridger Center object to the Maintenance bids the Parties agree to the following expedited process to resolve disputes arising from service contracts relating to the Maintenance of the Bridger Center Access: In the event the Parties are unable to reach an agreement to execute contracts, the Parties shall, within three (3) days of the meeting described above, agree to a mediator and conduct a mediation to reach agreement on executing the service contracts within 30 days of the selection of a mediator. The Parties shall share equally in the selection and payment of a mediator. Should either Party fail to meet the deadlines set forth herein, the Party meeting the deadline shall have the right and authority to enter into the disputed service contract and the right to bill the other party for their proportionate costs as set forth above. In all events if a Party fails to pay the amount bill, the paying Party shall have the right to lien the lots in the non-paying subdivision. 4. Payment. Costs of Maintenance, as apportioned in paragraph 1 above, shall be billed to The Links. The Links shall send Bridger Center the invoice within five days of receiving the invoice the Parties are responsible for paying their proportionate costs of Maintenance within 60 days of receipt of an invoice, unless otherwise noted by the provider performing the Maintenance. The Parties are responsible for collecting any necessary dues or fees from individual members or property owners necessary to cover the Parties’ proportionate share of the costs of Maintenance for the Bridger Center Access. If one Party fails to pay and the other Party pays the bill on their behalf, then the Party that paid will have a lien against the Common Elements of the other party that will run with the land. That lien may be filed with the Gallatin County Clerk and Recorder’s office. 5. Effective Term. This Agreement shall be perpetual, and shall encumber and run with the land so long as the roads remain Bridger Center’s Access. 6. Parking. For the safety of the residents, no machinery, trailers, vehicles or other property may be stored or parked upon any of the Condominium Roads. Anyone parked on the Condominium Roads will be subject to the The Links Governing Documents which include parking rules. Parking on the Condominium Roads may result in being towed. 7. Mediation. The Parties agree to first attempt to settle any dispute, claim, or controversy regarding Maintenance, costs related thereto, or otherwise arising out of, or relating to, this Agreement, by mediation, and taking into consideration the recommendation(s) of a licensed registered engineer, prior to initiating legal proceedings. The Parties further agree that there is no requirement to reach a settlement in mediation. The Parties, however, agree that if a settlement is reached during mediation, it shall be reduced to writing and shall be binding upon the Parties, their heirs, executors, administrators, successors, and assigns. 8. Governing Law. This Agreement shall be governed by the laws of the State of Montana. 9. Entire Agreement. This Agreement constitutes the entirety of the Agreement and understanding of the Parties, and shall supersede any prior agreements and any oral agreements to the contrary. 10. Modification and Amendment. This Agreement shall not be modified or amended except by written agreement of the Parties. 11. Binding Effect. This Agreement will be binding upon and will inure to the benefit of the heirs, successors, and assigns of the Parties. 12. Attorney Fees. If any legal action or other proceeding is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover all costs and expenses necessarily incurred, whether on trial or appeal, including reasonable attorney’s fees, together with reasonable attorney’s fees to determine the amount of attorney’s fees to be awarded under this section. Attorney’s fees shall be determined on an hourly basis, not on a contingency fee basis. 13. Waiver. The failure by any party to require performance of or strictly enforce any provision of the Agreement or the delay by a party in exercising any right, power, or privilege under this Agreement shall not be considered a waiver of such provision, nor affect that party’s right to require performance at any time thereafter. No waiver of any breach or default of the Agreement shall constitute a waiver of any subsequent breach or default or a waiver of the provision itself, nor shall be deemed sufficient grounds to enable the Parties to disregard the terms of this Agreement. 14. Severability. If any provision or term of this Agreement is found to be unenforceable, void, or invalid, the remaining terms and provisions shall remain in full force and effect and shall be fully severable. 15. Counterparts. This Agreement may be executed in one or more counterparts, which taken together shall constitute the Agreement. IN WITNESS WHEREOF, the Parties have hereunto executed this Agreement this _____ day of _____________________, 20____. Bridger Center, LLC By: _______________________________ Its: _______________________________ STATE OF ) : ss. County of ) On this ____ day of ____________,20___, before me appeared ____________________, the ____________________ of Bridger Center, LLC, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the corporation. __________________________________________ Notary Public for the State of _______________ Printed Name: _____________________________ (SEAL) THE LINKS CONDOMINIUM OWNERS ASSOCIATION, INC. By: Its: President STATE OF MONTANA) : ss. County of Gallatin ) On this ____ day of ____________,20____, before me appeared ____________, President the of The Links Condominium Owners Association Inc., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the corporation. __________________________________________ Notary Public for the State of _______________ Printed Name: _____________________________ (SEAL)