DCPREZ-2015-10858 - Laserfiche WebLink

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.• * Joint Driveway Agreement and Easement/Halverson Page 2 of 4 incorporated herein and also on and over the existing gravel driveway extending from such Joint Driveway Easement Area through Parcel 2 to the westerly boundary of said Parcel 2, both areas to be used jointly with the owners of Parcel 2 for the purposes described herein. The easement area for the gravel driveway on Parcel 2 shall be twenty feet (20') in width with the centerline thereof being the centerline of said existing driveway. These areas shall be jointly referred to herein as "the easement areas". 4. The easement areas may be used by the owners of Parcel 2, their occupants, tenants, agents, employees, guests, licensees, and invitees and the owners of Parcel 1, their occupants, tenants, agents, employees, guests, licensees, and invitees, provided they abide by the terms and conditions herein stated. 5. Usage of the easement areas by the owners of Parcel I shall be restricted to farm-related purposes only and shall be used only to access the lands included in the legal description for Parcel 1 (and the outbuildings on Parcel 2 if such use is allowed by the owners of Parcel 2). Any other use of the easements areas by the owners of Parcel 1 shall be prohibited. The owners of Parcel 2 may use the easement areas for any purpose they wish, provided they abide by the terms and conditions herein stated. 6. The driveways in the easement areas are currently made up of dirt and gravel and are expected to remain dirt and gravel. If either party causes any damage to such driveway areas, such party shall be responsible for repairing such road by smoothing it down and adding gravel as needed. Both parties shall be jointly and equally responsible for all ordinary care and maintenance of the driveway areas and for the repair of damages caused by natural or weather related causes. Repairs and maintenance shall be performed at such times and in such a manner as are mutually agreeable to the parties. Neither party shall incur any expense for which he or she expects contribution or reimbursement from the other party without having reached an agreement thereon, except in the event of an emergency. If the parties are unable to agree within ten (10) days of a written request by one or the other on the need for the repair or maintenance, then the matter shall be referred, upon either party's request, to arbitration. 7. In addition, if either party causes any damage to the culvert in the Joint Driveway Agreement Area, such party shall be responsible for repairing such culvert as soon as possible. The owners of Parcels 1 and 2 shall be jointly and equally responsible for all ordinary care and maintenance of the culvert and for the repair of damage caused by natural or weather related causes. Repairs and maintenance shall be performed at such times and in such a manner as are mutually agreeable to the parties. Neither party shall incur an expense for which he or she expects contribution or reimbursement from the other party without having reached an agreement thereon, except in the event of an emergency. If the parties are unable to agree within ten (10) days of a written request by one or the other on the need for the repair or maintenance, then the matter shall be referred, upon either party's request,to arbitration. 8. The owners of Parcel 2 shall be entitled to blacktop the driveway areas in their sole discretion and at their sole cost. If they do, however, the responsibility for care and maintenance of the blacktopped areas shall become the sole responsibility of the owners of Parcel 2 unless otherwise agreed in advance by the parties hereto.