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Q: Real estate development. ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: Real estate development.
Category: Reference, Education and News > General Reference
Asked by: wardster-ga
List Price: $2.50
Posted: 20 Oct 2002 18:01 PDT
Expires: 19 Nov 2002 17:01 PST
Question ID: 85656
I'd like to find on-line a model of a private road maintenance agreement.
Answer  
Subject: Re: Real estate development.
Answered By: angy-ga on 20 Oct 2002 20:40 PDT
Rated:4 out of 5 stars
 
Hi, Wardster !

St Mary's County has an appropriate document available from:

http://www.co.saint-marys.md.us/Formsanddocuments.htm

The URL for the document is:

http://www.co.saint-marys.md.us/dpw/docs/privdragre.pdf

You will need Acrobat Reader to read it as it is a .pdf file. This is
a free download from a link on the page.


A good plain English sample agreement can be found at:

http://tennauction.com/documents/rdagree.pdf

It was posted on the web as an example by Tennessee Auction at:

http://www.tennauction.com


Seminole County Planning and Development has some suitable model forms
in more old fashioned legal language available at:

http://www.co.seminole.fl.us/planning/devrev_forms.asp 

The URL for a document to be used in association with a letter of
credit  is:

http://www.co.seminole.fl.us/planning/pdf/PrivateRoadMaintenance.pdf

The document to be used in conjunction with a cash bond is at:

http://www.co.seminole.fl.us/planning/pdf/MaintenanceAgreementPrivateRoad.pdf

There is also a private road maintenance bond form at:

http://www.co.seminole.fl.us/planning/pdf/PrivateRoadBond.pdf


Section H of  Cascade Charter Township private street ordinance
outlines the requirements for an agreement in its jurisdiction at:

http://www.cascadetwp.com/Private%20Road%20Ord..htm

It would be possible to use this to form the basis of an actual
agreement.


Finally the US Department of Housing and Urban Development (HUD)
outlines its requirements for an agreement to be acceptable at:

http://www.hud.gov/offices/hsg/sfh/ref/sfhp1-15.cfm

They say:

"C. Criteria for Agreement Acceptance: 
	The agreement includes the entire private road system to the public
road; 	The agreement and access must be legal and in perpetuity (i.e.
run with the land);
	The road is in an acceptable condition. The roadway(s) within the
system must have all-weather surface(s). ....
	The agreement states how the costs are to be shared (e.g. equally by
all lots, pro-rata). The provision for maintenance must not create an
unusual or abnormal burden upon the ownership of the subject property.
	All of the property owners served by the private road system must be
party to the agreement.
	The roadway meets local jurisdictions emergency service access
requirements.
	The above requirements may be waived by the Direct Endorsement
Underwriter when the subject property abuts a publicly maintained road
and the easement is a common driveway between two neighbors, and it is
all weather, such as in a shared driveway in many older parts of
cities. "

I hope this is useful.	


Search terms:
"private road maintenance agreement"
wardster-ga rated this answer:4 out of 5 stars
I think I will be able to concoct a Private Road Maintenance Agreement
from the several referrals suggested by Angy-ga.

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