11-28-2016 Council Packet - Laserfiche WebLink

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AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the execution of this Agreement by the Parties hereto, the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, it is agreed as follows: 1. Recitals. The Recitals set forth above are incorporated herein and made a part hereof. 2. Defined Terms. As used herein the following capitalized terms have the following meanings: (a) `Bollis Owner" means individually, and `Bollis Owners" means collectively, the Senior Bollis and the Junior Bollis, together with their respective successors in interest of all or any portion of the Bollis Parcels. (b) "Kintyre Owner" means individually, and "Kintyre Owners" means collectively, the Knorps, the Millers, the Rolls, the Eperjesys, the Watkins, and Gonyea, together with their respective successors in interest of all or any portion of the Kintyre Parcels. (c) "Lot" means individually, and "Lots" means collectively, each separate legal lot that makes up the Property, that receives and actually uses access through Kintyre Lane, and that is zoned and approved for use as a residential dwelling and upon which a building permit has been obtained from the City of Orono to construct a residential home, but excluding any lot(s) or parcel(s) that is created for purposes of installing a road right of way serving the Bollis Parcels, and excluding any outlot. (d) "Owner" means individually, and "Owners" means collectively, the owners of the Lots. For purposes of this Agreement, for any Lot that is the subject of a contract for deed, the vendee under the contract for deed shall be deemed the Owner. (e) "Pro Rata Share" means a fraction, with the numerator being one and the denominator being the total number of Lots. 3. Maintenance; Manner of Work for Easement Areas. The Kintyre HOA agrees that it shall maintain the Roadway Easement Area, including the Roadway, in first class order, appearance and repair, in a condition similar to other private roadways in the area and with the type of material originally installed or of similar quality, use and durability as existed when any such improvements were originally constructed. Such maintenance and repair shall include, but shall not be limited to, all necessary patching, replacing, and re -striping of the Roadway and promptly removing snow, dirt and debris therefrom. All maintenance and repair shall be performed in an expeditious and workmanlike manner so as to minimize any interference with the flow of traffic or persons across the Roadway, and shall be conducted pursuant to commercially reasonable arms -length contracts. Neither the Bollis Owners nor the Bollis HOA shall be liable for the prorated portion of the Assessments (defined below) that are the responsibility of the Kintyre HOA hereunder or any late fees or costs that are attributable to the Kintyre Owners' failure to timely pay such prorated portion. 2