|
•
<br /> Joint Driveway Agreement and Easement/Halverson
<br /> Page 3 of 4
<br /> 9. The owners of Parcel 2 shall have the sole discretion as to whether or not to remove snow
<br /> removal and ice from the easement areas. They shall have no obligation to remove snow and
<br /> ice to accommodate the owners of Parcel I, but shall be solely responsible for the cost of
<br /> whatever plowing they choose to have done.
<br /> 10. The owners of Parcel 1 and the owners of Parcel 2 shall have equal rights of ingress and egress
<br /> over the Easement areas and shall take no action to prevent the other party's enjoyment of such
<br /> rights. Neither party shall place any encroachment or obstruction in the joint driveway area,
<br /> including parked vehicles, whether temporary or permanent, without the express permission of
<br /> the other party.
<br /> 11. The owners of Parcel 1 agree to indemnify and hold the owners of Parcel 2 harmless from all
<br /> liability,suits, actions, claims, costs, damages, and expenses of every kind and description,
<br /> including court costs and reasonable legal fees, for claims of any character, brought because of
<br /> any injuries or damages received or sustained by any person, persons, or property on account
<br /> of or arising out of the use of the easement over Parcel 2 by the owners of Parcel l, their
<br /> occupants, tenants, agents, employees, guests, licensees, or invitees, except to the extent
<br /> caused by the gross negligence or misconduct of the owners of Parcel 2 or their occupants,
<br /> tenants, employees, guests, licensees, or invitees.
<br /> 12. The owners of Parcel 2 agree to indemnify and hold the owners of Parcel 1 harmless from all
<br /> liability, suits, actions, claims, costs, damages, and expenses of every kind and description,
<br /> including court costs and reasonable legal fees, for claims of any character, brought because of
<br /> any injuries or damages received or sustained by any person, persons, or property on account
<br /> of or arising out of the use of the easement areas on Parcel 2 by the owners of Parcel 2, their
<br /> occupants, tenants, agents, employees, guests, licensees, or invitees, except to the extent
<br /> caused by the gross negligence or misconduct of the owners of Parcel 1 or their occupants,
<br /> tenants, employees, guests, licensees, or invitees.
<br /> 13. All of the terms and conditions of this easement, including the benefits and obligations, shall
<br /> run with and be appurtenant to the parcels of land described above, and shall be binding upon,
<br /> inure to the benefit of, and be enforceable by the owners of Parcels 1 and 2 and their respective
<br /> successors and assigns. The easements granted herein may not be transferred separately from,
<br /> or severed from, title to the respective Parcels. Furthermore, the benefits of the easements
<br /> granted under this Agreement shall not be extended to any properties other than Parcels 1 and
<br /> 2 without the consent of both parties.
<br /> 14. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the
<br /> easements granted under this Agreement to the general public or for any public purpose
<br /> whatsoever. The parties agree to cooperate with each another and to take such measures as
<br /> may be necessary to prevent the dedication to the public of the driveway easement areas,
<br /> whether by express grant, implication, or prescription, including without limitation, the posting
<br /> of"Private Drive" or"No Trespassing" signs. Such measures shall not, however,
<br /> unreasonably interfere with the easement rights granted under this Agreement.
<br /> 15. This agreement shall be construed and enforced in accordance with the laws of the State of
<br /> Wisconsin.
<br />
|