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DCPREZ-2014-10736
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DCPREZ-2014-10736
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Last modified
4/30/2015 1:10:15 PM
Creation date
4/30/2015 1:09:35 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
10736
Town
Dunkirk Township
Section Numbers
9
AccelaLink
DCPREZ-2014-10736
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• <br /> Page Two: <br /> an immediate right to reimbursement from Parcel B Owner,together with interest at the rate of 12% <br /> per year on the unpaid amount and all'reasonable attorney fees and other collection costs incurred by <br /> Parcel A Owner. Repairs and maintenance shall be performed at such times and in such a manner as <br /> are mutually agreeable to the parties. If the parties are unable to agree within 10 days of a written <br /> request by one or the other on the need for the repair or maintenance, then the matter shall be <br /> referred, upon either party's request, to arbitration. <br /> 4. Insurance. Parcel A Owner and Parcel B Owner shall maintain in effect at all times <br /> during the term of this Agreement a policy of general liability insurance insuring insure against <br /> injury to property, person, or loss of life arising out of Parcel A and Parcel B Owner's use, <br /> occupancy, or maintenance of the Easement Property or the Driveway with limits of coverage that <br /> are at levels customarily maintained by residences in the community in which the Easement Property <br /> is located. <br /> 5. Equal Rights of Use. Parcel A Owner and Parcel B Owner shall have equal rights of <br /> ingress and egress over the Driveway and shall take no action to prevent the other party's enjoyment <br /> of such rights. <br /> 6. Covenants Run with Land. All of the terms and conditions in this Agreement, <br /> including the benefits and burdens, shall run with the land and shall be binding upon, inure to the <br /> benefit of, and be enforceable by Parcel A Owner and Parcel B Owner and their respective <br /> successors and assigns. The easement granted under Section 1 of this Agreement is an easement <br /> appurtenant to Parcel B and may not be transferred separately from,or severed from title to Parcel B. <br /> Furthermore, the benefits of the easements granted under this Agreement shall not be extended to <br /> any properties without the consent of the owners of Parcel A or Parcel B. The specific parties named <br /> as Parcel A Owner and Parcel B Owner in this Agreement, and each of their respective successors <br /> and assigns as fee simple owners of Parcel A and Parcel B, respectively, or any portion of Parcel A <br /> or Parcel B, shall cease to have further liability under this Agreement with respect to facts or <br /> circumstances first arising after the party has transferred its fee simple interest in Parcel A or Parcel <br /> B,respectively,except,however,for obligations that accrued during the party's period of ownership <br /> of title. <br /> 7. Non-Use. Non-use or limited use of the easement rights granted in this Agreement <br /> shall not prevent Parcel A or Parcel B Owner from later use of the easement rights to the fullest <br /> extent authorized in this Agreement. <br /> 8. Governing Law. This Agreement shall be construed and enforced in accordance with <br /> the laws of the Slate of Wisconsin. <br /> 9. Entire Agreement. This Agreement sets forth the entire understanding of the parties <br /> and may not be changed except by a written document executed and acknowledged by all parties to <br /> this Agreement and duly recorded in the office of the Register of Deeds of Dane County,Wisconsin. <br />
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