2 – PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT <br /> <br />2. Rights of Usage. Each owner of a Lot, and its tenants, contractors, agents, invitees <br />and employees, will have and is hereby granted a perpetual non-exclusive right and easement to <br />use the Private Street for pedestrian and vehicular ingress and egress to and from such owner’s Lot <br />and to use the Private Facilities serving such owner’s Lot, if any. <br />3. Public Emergency Access Easement. Declarant grants a public emergency access <br />easement over the Private Street for emergency vehicle access to all Lots. Any improvements <br />required in connection with this emergency access easement are included in the definition of <br />Private Facilities for the purposes of this JAM. <br />4. Maintenance Responsibilities. Declarant will convey Lot A and Lot B to the <br />Stonehedge Homeowners’ Association (the “Association”). The Association will be responsible <br />for the maintenance, repair and replacement of the Private Street and Private Facilities and will <br />assess the cost of such maintenance, repair and replacement equally to the owners of Lots 1 through <br />38. Until Declarant conveys Lot A and Lot B to the Association, Declarant will be responsible for <br />the maintenance, repair and replacement of the Private Street and Private Facilities at Declarant’s <br />cost. <br />5. Termination. The easements and obligations contained in this JAM will terminate <br />only upon mutual written agreement of the owners of all Lots. <br /> <br />6. Notices. All notices required or permitted to be given shall be in writing and shall <br />be deemed given and received on personal service or deposit in the United States Mail, certified <br />or registered mail, postage prepaid, return receipt requested, addressed to the owner of the relevant <br />property at the then-current address for such owner shown on the Lane County Assessor’s records. <br />Such addresses may be changed by written notice, given in the same manner. Notice given in any <br />manner other than the manner set forth above shall be effective when received by the party for <br />whom it is intended. <br /> <br />7. Recording. Declarant will record this JAM in the Official Records of Lane County <br />concurrent with the Plat so it may be cross-referenced on the Plat. <br /> <br />8. Attorney Fees. If litigation is instituted with respect to this JAM, the prevailing <br />party will be entitled to recover from the losing party, in addition to all other sums and allowable <br />costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or review, <br />such amount to be set by the court before which the matter is heard. <br /> <br />9. Binding Effect. The covenants and restrictions contained herein run with the Lots, <br />including any future subdivision or partition of any of them. This JAM shall be binding on and <br />inure to the benefit of the parties and their respective heirs, successors and assigns of any interest <br />in the Lots. Declarant intends this JAM to continue and not merge and to remain appurtenant to <br />and to benefit the Lots. <br /> <br />10. No Waiver. Granting a waiver or failing to enforce a covenant, easement or <br />restriction contained herein in one or more instances will not constitute a waiver of the right to <br />enforce a covenant, easement or restriction in the future.