Use of Upper Benchmark Drive Sample Clauses

Use of Upper Benchmark Drive. Upper Benchmark Drive shall be a public Access Tract, and shall not be a private drive. Upper Benchmark Drive may be used to provide vehicular and pedestrian access as well as for the installation of utilities as approved by the Town of Mountain Village, for the use and benefit of the Properties (“Access Tract Improvements”), as well the Accessing Lots, or any other lot the Town deems, in its sole and absolute discretion, appropriate to use Upper Benchmark Drive. The right for the owners of the Accessing Lots and other lots deemed appropriate by the Town to use Upper Benchmark Drive to use the Access Tract Improvements is perpetual and non-exclusive in nature. Nothing in the Agreement shall be construed to provide the owners of the Accessing Lots or any other lot owner any rights in Upper Benchmark Drive other than to use the Access Tract Improvements for the purposes set forth in this Agreement. The Town shall determine in its discretion and when funds are appropriated, as to when and how Upper Benchmark Drive is maintained similar to other public roads within the Mountain Village including but not limited to repair and maintenance and seasonal snow removal. If requested by one or more owners of the Accessing Lots and approved by the Town in writing, such an owner or owners may elect to cause snow removal to occur on Upper Benchmark Drive outside of Town services at such an owner’s or owners’ cost and expense. In the event such an owner causes, or owners cause, snow removal to occur, such an owner or owners specifically causing such snow removal shall indemnify and hold harmless the Town, its employees, agents and board members from any and all liability, damages (including physical damage to Upper Benchmark Drive as a result of the work), and costs and attorney’s fees directly resulting from such snow removal on Upper Benchmark Drive.
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