COM 0452.005 1996-1998 - Laserfiche WebLink

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~ _ +"n ,t t,.a.tx GUKP [p+Ae" 293336 PACL' 6!9 Maintenance Agreement to a holder. As to such claims, demands, charges or costs roc materials provided for or work performed • on the Roadway prior to the Grantor's sale, the Grantor shall indemnify and hold the Lot holder harmless and the Crantoi hereby warrants and guarantees that all such claims, demands, charges and costs have been, oc will be, paid by the Grantor at no expense to any Lot holder. Sb) Aedication. In the event that any person imptovrs the Roadway, or any portion thereof, to County of Hawaii dedicable standards, upon the request of all of the Lot hoidets and ocher users of the Roadway, the Lot holders agree to join in the dedication of the Roadway or the affected poztipn thereof, to the County of Hawaii. provided that the Lot holders shall be released from all obligations under this Roadway Use and Maintenance Agreement for the portion ao dedicated to the County of Hawaii, the Lot holder shall remain liable for any costs and lees incurred prior to dedication but no Lot holder shal'1 be liable without hie consent for the cost of improving the Roadway to a condition better than that which existed at the time the Lot holder acquired his Lot (n the ")Caawaloa orchards Subdivision", (c1 Owner Initiative. In the event any Lot holder deems it necessary to in bate Roadway maintenance or repoira, he may do so on his own initiative subject to the conditions stated below end seek reimbursement from the ocher Lot holders and users of the Roadway pursuant to the terms and conditions of this Roadway ose and Maintenance Agreement. Any Lot holder proceeding to initiate repairs or maintenance wit!;out the written consent of alt of the other Lot holders and users shall not be entitled to reimbursemenk Erom the ocher Lot holders and users unless he either: (lf limits the request in billing for ceimbuzsemant to the casts of materials used with no charge for labvc; or (2) does each of the following: (i.) seeks bids for the repair and maintenance work from at least two (2) licensed Contractors; ` (ii) has the werk completed by some person (whether licensed or not) at a cost equal to or less than the lowest bid received as provided ih (il abovtj and (iii) gives notice to Ehe other Lot holders in vritino thirty days prior to the commencement of ehe work or signing of a contract Eor the work, whichever shall first occur, as to what work will be done and the estimated cost of the work; provided, however, that in the event the Roadway shah be Impassible at any point, noeicQ need 3 09E5 886 505 "~~I "S•d'S ~b%Er L6-80-L^~• no'd