DCPREZ-2014-10736 - Laserfiche WebLink

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Page Two: 4. Insurance. Lot 1 Owner and Lot 2 Owner shall maintain in effect at all times during the term of this Agreement a policy of general liability insurance insuring insure against injury to property, person, or loss of life arising out of Lot I and Lot 2 Owner's use, occupancy, or maintenance of the private sanitary sewer system property with limits of coverage that are at levels customarily maintained by residences in the community in which the private sanitary sewer system property is located. 5. Equal Rights of Use. Lot 1 Owner and Lot 2 Owner shall have equal rights of access to maintain their respective private sanitary sewer systems and owners shall take no action to prevent the other party's enjoyment of such rights. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by Lot 1 Owner and Lot 2 Owner and their respective successors and assigns. The easement granted under Section 1 of this Agreement is an easement appurtenant to Lot 2 and may not be transferred separately from, or severed from title to Lot 2. Furthermore, the benefits of the easements granted under this Agreement shall not be extended to any properties without the consent of the owners of Lot 1 or Lot 2. The specific parties named as Lot 1 Owner and Lot 2 Owner in this Agreement, and each of their respective successors and assigns as fee simple owners of Lot 1 and Lot 2, respectively, or any portion of Lot 1 or Lot 2, shall cease to have further liability under this Agreement with respect to facts or circumstances first arising after the party has transferred its fee simple interest in Lot 1 or Lot 2, respectively, except, however, for obligations that accrued during the party's period of ownership of title. 7. Non-Use. Non-use or limited use of the easement rights granted in this Agreement shall not prevent Lot 1 or Lot 2 Owner from later use of the easement rights to the fullest extent authorized in this Agreement. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds of Dane County, Wisconsin. 10. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party's last known address. If the other party's address is not known to the party desiring to send a notice, the party sending the notice may use the address to which the other party's property tax bills are sent. Either party may change its address for notice by providing written notice to the other party.