Upper Road definition

Upper Road. That portion of the Road running generally northerly from the bridge at the terminus of the Shared Road and then generally east and then south to the terminus of the Road (see Exhibit B). The Enetai Community has been served by the Road for decades. From the time the Road was originally constructed, through several expansions and years of maintenance by community members, the rights and responsibilities of Cooperative Maintained Road Owners, Road Users and the Cooperative relating to the Road have not been formally documented. The main purpose of this Agreement is to provide clarity and certainty as to the following: • The rights and responsibilities of the Parties relating to the Road, including procedures to ensure that Road have safe and unencumbered access to their properties, that by majority vote Road Users control what Road maintenance is done, who maintains the Road, how maintenance is performed, that Road damage is minimized and that desired Road maintenance costs are responsibly controlled. • Road maintenance cost responsibilities of Road Users and the Cooperative, including a framework for establishing Road maintenance budgets, procedures for general maintenance, special projects and emergency Road maintenance, assessment sharing, responsibly controlling desired maintenance costs and collection procedures of delinquent Road maintenance assessments. • The ability to potentially pre-empt legally mandated private road maintenance procedures that have been and could in the future be imposed by the Washington State Legislature or other governmental bodies having jurisdiction over the Enetai Community. • The ability to enhance Enetai Community property values by providing Property Owners with an Agreement that is expected to satisfy lenders that require road maintenance agreements before providing financing for property sale transactions, thereby providing more flexibility for property sales. • Indemnification by providing for appropriate indemnification to Cooperative Maintained Road Owners. • Procedures to manage Road-related liabilities, promoting Road use behaviors that help limit the liability of the Cooperative Maintained Road Owners and the Cooperative, helping clarify expectations for drivers creating unsafe conditions on the Road associated with traveling faster than posted speed limits or other types of negligent or reckless driving, ensuring appropriate allocation of Road maintenance and use liability among the Parties and ensuring that the...
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Examples of Upper Road in a sentence

  • Each of the Upper Property Owners agree to be responsible for their pro rata share of the Road Maintenance costs and expenses based upon the number of Improved Tracts located on the Upper Properties; provided, however, that the Upper Property Owners are only responsible for the Road Maintenance Costs of the particular Upper Road that is used to access their property, beginning at the Point of Beginning (Ex. A) to access point(s) on their property used for ingress and egress (the “Road Maintenance Costs”).

  • The costs associated with managing and maintaining the Upper Road shall be paid in equal shares by all Road Users whose properties are served by the Upper Road.

  • The Road has three (3) distinct maintenance areas: The Shared Road, the Upper Road and the Lower Road, all as defined above, and as generally depicted on Exhibit B.

  • If the damage occurs on the Upper Road, the costs shall be borne equally by all Road Users serviced by that portion of the Upper Road.