82009878

BRIDGE CONSTRUCTION AND MAINTENANCE AGREEMENT OF GLENWOOD HOMEOWNERS an incorporated association of property owners

THIS AGREEMENT is made and entered into on the 9th day of November, 1981, by and between the undersigned parties listed on the attached sheet with their address, and appropriate designation of their property ownership, hereinafter referred to as "land owners".

RECITALS:

1.  The existing bridge spanning Gales Creek in Washington County, Oregon, in the Glenwood area, serving approximately 26 property owners together with Willamette Industries who own a tract of timber in the general ara and who has need of safe access to the same, and Bonneville Power Administration who uses the bridge as a means of ingress and egress to their existing transmission line access road, have decided to replace the existing structure with a permanent, non-maintenance, pre-stressed concrete bridge at a cost of approximately $22,000.00.

2.  The bridge and the ingress and egress road is not a county road, and the property owners in the area have been maintaining the same through the years by contributions and by volunteer assistance, but the bridge needs to be replaced with a permanent structure.

3.  The purpose of this agreement is to establish contributions of the parties to this project; the duties and obligations between the parties with regard to further assessments for maintenance of the same, and to provide a continuity of assessment covering resales of property with the area to compensate for the cost of the bridge, and also to provide for payment of the assessment before a building permit from Washington County can be issued.

AGREEMENT:

1.  That the persons whose names are listed on the attached sheet marked Exhibit "A", are all property owners who property would be services by said bridge and the description of their property by Tax Lot is listed on said exhibit, and who by affixing their names hereto agree on the terms, obligations and benefits of this agreement.

2.  That the property owners, in order to expedite the translation of the business of the Association, will elect each year at the annual meeting to be established on the 1st day of September, three persons who will act as trustees for the group. They will serve at least one year and will be elected by a majority vote; no person will serve more than three years, but for continuity of leadership a party can serve up to three years as one of the trustees. If one of the trustees should, during his term of office, die or resign from the office, a special meeting will be called within 30 days and a replacement shall be elected to serve.
3.  The initial fee is payable upon execution of this agreement, and has been established at $500.00. After completion of the bridge replacement project entrance in the Association will be a one-time $1000.00 fee. Yearly thereafter on or before September 1st of each year there shall be payable the sum of $25.00 by each property owner. Failure to pay said amount will entitle the Association to file a lien against the property of the property owner, and continued failure to pay will entitle the trustees to deny said property owner the right of use of said bridge.

4.   The establishment of the bridge and the maintenance of the same, together with the road known as Glenwood Lane, is necessary for the use and enjoyment of the properties involved, and the parties intend that the duties, assessments and obligations under this agreement are to run with the land, and that this agreement shall bind the parties, their administrators, executors, heirs, grantees and assigns, and this agreement shall be recorded and noted by book and page upon any conveyances made by the parties in subsequent transfers or conveyances of their property.

5.  In the event any of the property owners shall subdivide their land, and make additional tracts out of their parcel of land, such parcels shall be considered additional tracts and such subdivided parcels shall be responsible for the annual assessment, and the property owner making such transfers of property is obligating himself to pay the transfer fee of $1000.00 to the Association.

6.  The trustees shall deposit all funds in a NOW checking account paying interest, at the First Interstate Bank, Forest Grove Branch, Forest Grove, Oregon.

7.  In the event a dispute arises between any of the parties who are subject to this Agreement as to their duties and obligations under this Agreement, or of the use of the private road and the bridge, or in the event any of the property owners are substantially impaired by death, illness, mental or physical disabilities, then the parties shall make all reasonable efforts to negotiate a settlement of the obligations and duties, and in the event they cannot do so, the parties agree to submit their dispute to arbitration. All parties to the dispute shall select one arbitrator; if the number of arbitrators is an even number, and the arbitrators so selected cannot agree, the arbitrators  shall in turn jointly appoint one additional arbitrator. The parties shall abide by the decision of the majority of the arbitrators with regard to matters set forth in this Agreement. Each party shall bear the expense of the appointment of his own arbitrator and the expense of the appointment of the additional arbitrator, if necessary, shall be borne equally by the parties.

  IN WITNESS WHEREOF, the parties have hereunto set their hands and seals of day and year first herein written, in Exhibit a attached hereto and made a part hereof.