Road Maintenance Agreement
(all roads of Rolling Hills)
THIS ROAD MAINTENANCE AGREEMENT made this ___________day of______________
by Chesapeake Isle Civic Association, a Maryland Nonprofit Corporation;
WHEREAS, The Cecil County Maryland development of "Rolling Hills is situate in the Fifth Election District of Cecil County on the Northwesterly Bank of the Elk River and on the Southeasterly bank of the Northeast River, on the north and south sides of Maryland Rt 272;
AND WHEREAS the development of "Rolling Hills' sometimes referred to by its popular name Chesapeake Isle consists of lands shown on five original recorded plats which plats are recorded among the Land Records of Cecil County at the following Cecil County Plat locations:
1) WAS 1-14
2) WAS 1-13
3) WAS 1-70
4) WAS 1-10
5) WAS 1-50
AND WHEREAS the said recorded subdivision plats designate numerous right-of Ways or Streets, which are intended for the use of the Lot owners of the development for ingress egress and regress.
AND WHEREAS the Chesapeake Isle Civic Association was organized and incorporated, In part, fort he purpose of managing and maintaining the said recorded Right of-Ways and Streets of the development for the use and enjoyment of all of the lot owners of lots shown on the aforesaid subdivision plats (or resubdivisions thereof).
NOWTHEREFOR in accordance with its Corporate purpose and in accordance with a corporate resolution of the Board of Directors of the Chesapeake Isle Civic Association, the said Chesapeake Isle Civic Association does hereby covenant and agree that it shall assume full and exclusive responsibility for the maintenance all streets and right-of-Ways which are shown on the aforementioned plats (except such streets which the State of Maryland or the Cecil County Department of Public Works have identified as being part of the 'Public Roads System')@ The Chesapeake Isle Civic Association agrees specifically:
1. Essential Maintenance: Covenants to make all repairs or maintenance to the said streets of the development, as shall be required to make such streets passable for a single vehicle during normal weather conditions. This paragraph shall not include the obligation snow removal' or any improvements beyond what shall be necessary to make the driveway passable by a two-wheel drive automobile; however, it is the intent of the said Chesapeake Isle Civic Association to provide the service of snow removal for the development, and the Chesapeake Isle Civic Association reserves the right to make repairs to the streets beyond the 'Essential Maintenance' described in this paragraph.
2,Extraordinary Use of Common Driveway. The Chesapeake Isle Civic Association reserves the right to bring legal action for recovery of expenses against any party who shall cause damage to common streets by any extraordinary use thereof, such as the use of roads for ingress and egress of construction equipment. Such legal action shall be limited to the cost of the repairs necessitated by such extraordinary use, and the legal expense of obtaining recovery:
3. Interpretation. This Agreement shall not impose upon any party nor the Chesapeake Isle Civic Association any obligation to initially construct any Road, but such road (provided that it is shown on one of the above listed plats) once constructed, shall be Subject to the terms and provisions hereof.
The provisions of this Agreement shall be deemed to be cumulative. No provision of this Agreement shall be deemed to be in limitation of or to exclude any other provision hereof, or any right, remedy of provision of law, unless otherwise expressly stated.
The captions of this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part hereof.
IN WITNESS WHEREOF, the Chesapeake Isle Civic Association has hereunto set its hand and seal as of the day and year first above written.
Chesapeake Isle Civic Association
Lester J. Fritz
February 29th , 2000
STATE OF MARYLAND, COUNTY OF CECIL, TO WIT:
On_____________________________________ before me, the undersigned officers personally appeared______________________ , who made acknowledgment an behalf of Chesapeake Isle Civic Association, and who acknowledged himself to be the President of Chesapeake Isle Civic Association, and that as such Officer being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer and that this transaction does not involve the transfer of all or substantially all of the assets of the Corporation.
In witness whereof, I hereunto set my hand and official seal.
Dawn M. Newhard, Notary Public
My Commission Expires: April 26, 2003
In accordance with Real Property Section 3-104 (Q (1), this is to certify that the aforegoing instrument was prepared under the supervision of the undersigned, an Attorney duly admitted to practice before the Court of Appeals of Maryland.
James B- Sherrard
AFTER RECORDATION REMIT TO:
JAMES B. SHERRARD, ESQUIRE
155 E. MAIN STREET
ELKTON, MD 21921