COM 0452.005 1996-1998 - Laserfiche WebLink

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..ten ,~n,.~aY a,uxr LO'Bef ?9'J 376 PACE sJ9 ens Roadway, those costs and fees shall be paid pro coca by each Got holds; and the Gzantor !n equal measure, or ZQY of the total each. In the event any Lot holder or other user of the Roadway, 1:ib agent, representative, contractor, workman or employee shall cause damage to th! Roadway through the use of heavy equipment, construction activity of otherwise, the full cose of the repair to the Roadway shall be borne by and pals by the offending Lot holder oc user. AB used in this Ayreement, the term "damage^ snail 1nc]ude a coneree. sp;31 ar indelible Stain on the Roadway. (2) In the even[ the Grantor shall grant any right of access to or over ehr! Roadway to the owner of any other properties other than Lots 1-B, 5-8, 6-S or 7-S within the 'itaawaloa Orchards subdivision" as provided in paragraph 4 below, the access and use oL such ether persons shall be subject to the obligation o! such porson to pay a pro rata [hare of the costs and fees for maintenance and repair oL the Roadway, such obiiga[ian to accrue to the owner upon the commanceraent of construction of a residence on th• other property. Such pro rata share is to be 8ttermined by dividing the number one (1) (the numerator) Dy the nurobec of new parcels or lots to which the Grantor shall grant access or use, plus the number o! Lots in this portion of the lCaawaloa Orchards subdivision and Grantor., i.e., five (5), (the denorninatorl. (]1 The costs and fees for maintenance and repair of the Roadway shall be incurred to maintain the Roadway in a condition similar to that exiatinq at the elms the Lot holder purchased his Lot in the "Kaawalaa Orchard[ Subdivision." No Lot holder shall be required to make any contribution for improvements or repair to the Roadway over and above its existing standard and quality at the time of his purchase witheut the prior written consent of a12 of the Lot holders and no person other than a Lot holdeY'.shail have any right tb requiro any maintenance or repairs ev the Roadway unless Such right shall have been reserved in' any instrument crenting, transferring or granting any easement constitutfng the Roadway, (4) eor purposes of thfs Paragraph 3, casts of maintenance and repair shall be deemed to includr (i) the cost of actual repairs necessary to maintain the Roadway in fts original condition; Iii) the cost of keeping tare Roadway clear of debris and natural yzowth not being otherwise contained and managed by the users of the Roadway[ (Sii) the cost eE aaintaininq and stzDilizfny the Roadway shonldersi and (iv) the cose of accounting, bi111nq and collection of tAe amounts owed by those liable pursuant to this Roadway IIse and Maincenanee Agreement for the coats and fees of the maintenance and repair of the Roadway. For purposes of this Paragraph 3, costs sha21 not include any claims, demands, charges or coats LoC material provided Eor ~c work performed on the Roadway prior to the G:antoc's sale of the Lots covered by this Roadway Ose ana 2 •ouI 'S'd'S Ib=Ei L6-90-LnC £O'd 09£5 986 505