ROAD MAINTENANCE AGREEMENT March 13, 1986 1. Purpose. This road maintenance agreement is created for the purpose of providing for the continuing maintenance, and regulations concerning access to and limitations on use with respect to an existing road now located on large lot subdivision as shown on a survey recorded in Volume 15 of Surverys, Page 10, recorded in Kitsap County Auditor's File No. 7911140139, and described on Exhibit A attached and incorporated herein by reference, which road is more particularly described as an easement road on Exhibit B attached and incorporated herein by reference. 2. Prior Easement Agreement. It is recongnized that a prior easement agreement was created between the property owners ( except the owners of Lot 1 ) who comprise the large lot subdivision described in Exhibit A attached, and William Mekkes and Ella Mekkes ("Mekkes"), the owners of the south half of the Northeast quarter of Section 7, Township 24 North, Range 1 West WM in Kitsap County, Washington; and Richard P. Scott, a single man ("Scott") the owner of the Northwest quarter of the Southeast quarter of Section 7, Township 24 North, Range 1 West WM, in Kitsap County, Washington, which easement agreement was recorded under Kitsap County Auditor's File No. 8303030084. Said easement agreement conveyed an easement over the road described in the attached Exhibit B to Mekkes and Scott, who agreed to sign and be bound by the terms and conditions of a future road maintenance agreement concerning the road described in the attached Exhibit B. This road maintenance agreement is the " Future Road Maintenance Agreement" described in said easement agreement. 3. Parties. The parties to this road maintenance agreement are the property owners of the large lot subdivsion described in Exhibit A attached, and Mekkes and Scott, and any persons to whom Mekkes and Scott may have conveyed an interest in those properties described in the easement agreement which are benefited by the easement over the described road. The owners and their respective property interests and identified with their signatures on this agreement. 4. Road Maintenance Committee. There is hereby established a road maintenance committee whose membership and functions are identified as follows. 4.1 Members. The members of the road maintenance committee shall be all of those lot onwers of the large lot subdivision described in Exhibit A attached, and identified as owners of Lots A,B,C,D,1,2,3, AND 4. 4.2 Voting. In all matters that come before the road maintenance committee, voting shall be by lot ownership, with one vote for each of the above designated lots. Any owners of more than one lot may cast votes for as many lots that are owned by that owner. 4.3 Meetings. The initial meeting of the road maintenance committeeshould be held on ___________________, 1986 at the hour of____________________ at the home of___________________. At this organizational meeting, the committee shall decide on an annual meeting time and place. Special meetings may be called by a majority vote of the committee members or at the call of the president after at least three (3) days' notification of the forthcoming meeting by writing or phone to each committee member. 4.4 Officers. Officers of the road maintenance comittee shall include a president, vice president-secretary, and treasurer. These officers shall perform the usual duties under Robert's Rules Of Order, with the president presiding at the meetings, the vice-president-secretary keeping records of the meetings and substituting for the president in his absence, and the treasurer collecting the funds and disbursing them for road maintenance purposes pursuant to the terms of this agreement. 4.5 Duties. The road maintenance committee shall establish the amount of assessment for the road mainteneance needs, and use the road maintanance funds available for the mainteneance of the road descibed in Exhibit B attached hereto, shall adjust the amount of the assessments as necessary for the purpose and enforce their collection. In addition, the road maintenance comittee shall give prompt attention to any application for use or access to the easement road and deal with other matters reguarding enforcement of the provisions of this road maintenance agreement. 5. Costs and Assessments. Maintenece of the easement road will require funds which will be established and collected as follows: 5.1 Benefited Parcel. The assessments for road maintenance costs shall be equally applied to each "benefited parcel", which term shall be used to describe each lot in the large lot subdivision described on Exhibit A attached and also each legal subdivision of the Scott property and the Mekkes property; it being understood that at the present time the Scott property has been subdivided into eight(8) lots, each of which shall be designated a "benefited parcel", and the Mekkes property has thus far not been subdivided and would therefore, at the present time, only constitute one (1) "benefited parcel". 5.2 Amount of assessment. Each benefited parcel shall be assessed the amount of $100.00 per year until such time as the amount of assessment is changed in accordance with the provisions of this road maintenance agreeement. The road maintenance committee may increase this amount, not to exceed $50.00 per year, for each benefited parcel, and may decrease the amount if funds and costs warrant. These funds are anticipated to be adequate for ordinary road maintenance purposes, but if the maintenance committee determines that the funds are inadequate, it may call a general meeting of all the owners of all the benefited parcels, and at that meeting a majority vote( with each benefited parcel getting one(1) vote) may establish a larger assessment. 5.3 Due Date. The due date for all road mainteneance assessments shall be July 1 of each year, with notification by the treasurer or secretary to the owner of each benefited parcel of the amount due at least thirty (30) days prior to the due date. 5.4. Enforcement for Non-Payment. In the event that any payment is not made within thirty (30) days of the due date, a late- payment penalty will be assessed in the amount of $10.00.If the amount due, plus the late-payment charge, is not paid within sixty ( 60) days from the due date, the officers of the road maintenance committee may authorize collection activity by an attorney, and the owner of the benefited parcel, for which non-payment is made, shall be obligated to pay the reasonable expenses for collecting the same, including reasonable attorneys' fees and court costs. This shall not be an exclusive remedy. 6. Access. Proper design and construction of an access to the easement road from a benefited parcel is necessary for the proper maintenence of the road and for the safety of those who use it. Accordingly, any person who owns a benefited parcel who wishes to establish an additional access to the road, must first obtain approval by the road maintenance committee by submitting the request to one of the officers. The committee shall have an obligation to act promptly on the request, and if no action of disapproval is taken by the comittee within thirty (30) days of the request, it shall be deemed approved. Approval shall not be unreasonably withheld, and reasons for disapproval must be stated in writing. 7. Unauthorized Use. 7.1 Use of road. It is intended that the easement road be used only by those persons going to and from benefited parcels, and not by owners of other property in the vicinity, which may be abbutting benefited parcels. 7.2 Speed Limit. It is agreed that the reasonable limitation for speed on the easement road is 20 m.p.h. The road maintenance committee may take appropriate measures to enforce the speed limitation, including posting of speed limit signs, con- tacting offending persons, and installtion of speed bumps. 7.3 Weight limitation.. The parties to this road main- tanance agreement agree not to allow use of heavy vehicles on the road subject to this agreement unless consent to such use is ob- tained from an officer of the road maintenance committee. Such consent shall not be unreasonably with-held or delayed. Without limiting the unreasonanleness requirement, with-holding of con- sent to use by heavy vehicles for the purpose of delivery of equipment and materials for construction, landscaping and maintenance of homes and roads on the property served by the road, shall be deemed unreasonable. Consent for heavy vehicle use in connection with such construction, landscaping and maintenance may be requested and shall be given on a project ( as opposed to individual use) basis. For purposes of this restriction, heavy vehicles shall mean... 36,000 pounds and above. 8. Binding Agreement. This agreement shall be binding on the heirs, successors and/or assigns of the land owners of the large lot subdivision and Mekkes and Scott; and shall be run with and become appertanent to the land and each of the benefited par- cels described herein. 9. Counterpart Signatures.. This Road Maintenance Agreement may be executed in any number of counterparts, Such counterparts, if executed by all parties, shall in the aggregate be deemed one Road Maintenance Agreement.