Appendix C : Sample Road Maintenance Agreement

• Library: The Zoning and Land Use Handbook (ABA) (2016 Ed.)

ROAD MAINTENANCE AGREEMENTb

THIS ROAD MAINTENANCE AGREEMENT (This "Agreement") is made as of the ___ day of ___, 20___ by and among __________ ("Company") and __________ ("County") acting by and through the Board of __________ (the "County Board"). The County and the Company together, the "Parties" and each, individually, a "Party").

RECITALS

A. WHEREAS, Company desires to evaluate, develop and construct a wind-powered electrical generation facility located in __________ County (the "Project") together with all necessary access roads (the "Project Transportation Routes") as more particularly described in that certain Development Agreement between the Parties dated as of the date hereof (the "Development Agreement").

B. WHEREAS, the Parties agree that the construction of the Project will generate an increase in heavy-vehicle traffic on the Project Transportation Routes and that the Project Transportation Routes may require increased maintenance and improvement due to the increase in heavy-vehicle traffic.

C. WHEREAS, as part of the development of the Project, the Parties entered into the Development Agreement.

D. WHEREAS, Section ___ of the Development Agreement requires Developer to repair any damage caused to the county roads and/or rights-of-way resulting from Developer's use in connection with the construction of the Project, decommissioning or operation and maintenance activity related thereto.

E. WHEREAS, the Parties agree that it is in the best interest of each to memorialize in this Agreement the rights, obligations and responsibilities of the Parties in Section ___ of the Development Agreement with respect to Company's use of the Project Transportation Routes.

AGREEMENT:

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement hereby stipulate and agree as follows:

1. Obligations of Company.
Company shall be responsible for the maintenance and repair of the Project Transportation Routes to the extent such maintenance and repair is required as a direct result of extra wear and tear due to transportation of equipment and turbine components during construction and operation of the Project. The Parties recognize that there are other heavy users of the Project Transportation Routes, such as trucks used in dairy farming and quarry operations, and the Parties agree that Company shall not be required to pay or reimburse the County for any road repairs attributable to such use of the Project Transportation Routes by others or attributable to ordinary wear and tear. Except as provided in Section ___ hereof, Company shall not be required to pay for the costs of improving load maximums, expanding or adding lanes, or otherwise upgrading a Project Transportation Route above its existing standards.
During any type of road construction, maintenance or repair of the Project Transportation Route, Company will utilize appropriate signage for construction or repair zones and crossings in accordance with the Manual on Uniform Traffic Control Devices, or MUTCD. Company will not close any Project Transportation Route without advance notice and permission from the County and County

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