DCPZP-2016-00422 - Laserfiche WebLink

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3.5. No Other Driveways. There shall be no installation, construction or maintenance of driveways or accesses to Wisconsin Highway 19 other than the Common Driveway without written permission of the other parcel owner. 4. Maintenance and Repair of the Common Driveway. The cost or expense of maintenance, repair and replacement of the Common Driveway shall be borne one-half(1/2) by the Owners of Parcel 1 and one-half (1/2) by the owners of parcel 2. As used herein, maintenance, repair, and replacement shall include removing snow from the Common Driveway and maintaining and repairing the surfaces of the Common Driveway, including patching and repairing as necessary from time to time, and prior to the end of the useful life of the paved surfaces, replacing the surfaces of the Common Driveway. It shall also include trimming overhanging brush and vegetation along the Driveways. Any repair or replacement shall be of a quality at least equal to the quality of the materials repaired or replaced. Unless the Parties agree otherwise, the Parcel 1 Owners shall hire agents and contractors to maintain, repair and replace the Common Driveway, the Existing Driveway and the Access Driveway. The Owners of Parcel 2 agree to promptly pay their respective share of the expenses of maintenance, repair and replacement incurred by the Parcel 1 Owners within ten (10) days after the delivery or mailing of an invoice to such Party. If any Party does not pay its respective share, the Parcel 1 Owners may pay the full cost and then have the immediate right to reimbursement from the Parcel 2 Owners, together with interest at the rate of twelve percent (12%) per annum on the unpaid amount and all reasonable attorney fees and other collection costs incurred by the Parcel 1 Owners. 5. Indemnity. The Hoffman lands and Lot 1 of CSM # Owners each shall indemnify and defend the other Parcel Owners from all liability, suits, actions, claims, costs, damages, and expenses of every kind and description, including court costs and legal fees, for claims of any character, including liability and expenses in connection with the loss of life, personal injury, or damage to property, brought because of any injuries or damages received or sustained by any person, persons, or property on account of or arising out of their respective use of the Access Driveway or Common Driveway or the use of the Access Driveway or Common Driveway by their invitees or guests. 6. Duty to Carry Liability Insurance. The Parcel Owners shall maintain in effect at all times during the term of this Easement a policy of general liability insurance naming the other Parcel Owners as an additional insured, to insure against injury to property, person, or loss of life arising out of such Parcel Owner's use of the Driveway with limits of coverage of at least $500,000 per occurrence for personal injury or property damage. The policy shall contain a supplemental endorsement covering contractual liability voluntarily assumed by the insured under this easement. Insurance required of a Parcel Owner under this Easement shall be written by companies duly qualified to do business in the State of Wisconsin. Each Parcel Owner shall deliver to the other Parcel Owners certificates evidencing the existence and amounts of the insurance. No such policy shall be cancelable or subject to reduction of coverage of modification except after thirty (30) days' prior written notice to the other Parcel Owners. 7. Term. The easement referenced under Section 1 above shall be nonexclusive and perpetual, except as otherwise provided in this Easement.