Road Maintenance Agreement - West Virginia
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5ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT is made this
day of
, 20
, by and
between
,
,
,
,
,
and
.
(Attach
Addendum
listing
additional
parties if needed)
WHEREAS, the attached Exhibit A lists all the owners of property abutting the
roadway known as
; and
WHEREAS, in order to protect the value of our property and to provide a safe and
accessible ingress and egress to our property it is essential that the roadway known
as
be maintained by the
owners of property abutting the said road.
NOW, THEREFORE, WITNESSETH:
In consideration of the mutual covenants herein contained and the benefits to be
derived from this agreement, the parties hereto agree as follows:
(1) That each owner whose signature appears below agrees to repair and maintain
the said
, and
to share equally the cost of said repairs and maintenance.
(2) That each owner hereto covenants and agrees that this Agreement is to be
recorded in the County Clerk’s Office in
County, West
Virginia, to bind these owners of the said adjacent property, their heirs and
assigns, as a covenant running with their respective property.
It is the
intention of all the signatories to this Agreement that reference to this
Maintenance Agreement shall be incorporated as a covenant in any Deed of
Conveyance of their respective properties.
(3) In determining the amount of said maintenance and when said maintenance
and repairs are to be made, a majority of said signatories or their heirs or
assigns shall be determinative.
(4) Any proportionate share of the costs of said repairs and maintenance which are
not paid within thirty (30) days of when due are delinquent. If not paid in that
thirty (30) days, any party or parties to this Maintenance Agreement, their
heirs or assigns, may bring an action at law against the delinquent property
owner(s), and the interest, costs and reasonable attorney’s fees of any such
action shall be added to the amount of the proportionate costs of such repairs
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