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01/13/98 16:33 Z 60883197010001040896 P.05 <br /> vided that in determining the maintenance cost to be paid by each <br /> owner, the actual portion of the driveway used by the lot or par- <br /> cel owner for access to the owner' s lot or parcel shall be con- <br /> sidered along with the particular maintenance item. A lot or <br /> parcel owner shall not be required to contribute to the cost of <br /> a maintenance item over any portion of the driveway not used by <br /> that owner as a means of access. if a lot or parcel owner shall, <br /> through their use or use by their invitees or by contractors or <br /> subcontractors making improvements to .an owner's lot or parcel, <br /> cause unreasonable wear thereto, such owner shall be solely re- <br /> sponsible for the repair of such unreasonable wear. It is the <br /> intent of this 1asenlent & Maintenance Agreement that the driveway <br /> be maintained in a condition the t permits regular use by motor <br /> vehicles for ingress and egress and which is reasonably safe and <br /> which the motor vehicle should be able to negotiate at a reason- <br /> able speed without damage. The condition of the driveway upon <br /> completion of its initial construction shall be a standard by <br /> which the need for maintenance in the future shall be measured. <br /> Improved Width The improved portion of the described ease- <br /> ment real estate, the driveway, shall be constructed and main- <br /> tained at not less than feet . The construction of <br /> said driveway shall be in accordance with the Town of Berry drive- <br /> way ordinance. <br /> Vehicular Traffic in the interest of public safety, the <br /> operation of motor vehicles on the described easement real estate <br /> shall be in accordance with the rules of the road of the State <br /> -4- <br />