<br />2 – 10’ WIDE PRIVATE UTILITY EASEMENT <br /> (Lots 1, 2, 6 and 7) <br />3. Restriction. No Owner may construct any structure in the Easement Area or obstruct <br />access to the Easement Area for the purposes contemplated in this Agreement, except as <br />temporarily necessary in the case of an emergency. <br /> <br />4. Maintenance. The Owner of Lot 2 will maintain, repair and replace any Utilities shared <br />by all of the Owners in good condition. The cost of any maintenance, repair and replacement will <br />be shared by the Owners equally (1/4th per lot). The other Owners will reimburse the Owner of <br />Lot 2 within thirty (30) days after receipt of an invoice from the Owner of Lot 2. Late payments <br />will accrue interest at nine percent (9%) per annum from the date the invoice is received. If the <br />Owner of Lot 2 fails to perform any maintenance, repair or replacement required by this Easement, <br />any other Owner, upon reasonable advance written notice to the other Owners, will have the right <br />to perform or cause to have performed said maintenance, repair or replacement and recover the <br />other Owners’ share of the reasonable and actual costs and expenses of the same. The <br />nonperforming Owners will reimburse the performing Owner within thirty (30) days after receipt <br />of an invoice. If maintenance, repair or replacement of any Utilities is needed due to the negligence <br />or fault of any Owner, such Owner will promptly complete the maintenance, repair or replacement <br />at their sole cost and expense or reimburse the performing Owner in full. For Utilities serving the <br />property of more than one Owner but fewer than all of the Owners, the Owners of the lots served <br />will cooperate in determining the necessity of maintenance, repair and replacement of their shared <br />Utilities and share all costs equally. Utilities serving only one lot will be the responsibility of the <br />Owner of the lot served, at such Owner’s sole cost and expense. <br /> <br />5. Improvements and Liens. All work undertaken in the Easement Area will be done in a <br />good and workmanlike manner and in compliance with all applicable laws. The Owner performing <br />the work will have a temporary non-exclusive easement over a reasonable portion of the other <br />property to the extent necessary to perform any installation, maintenance, repair and replacement <br />within the Easement Area. The Owner performing the work will promptly repair any and all <br />damage arising from such work so that the area affected by such work is restored to as good or <br />better condition than it was immediately before such work. The Owner performing the work agrees <br />to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, <br />or equipment that have been provided or ordered with the Owner performing the work’s consent. <br />If any lien is filed against any other Owner’s property which the Owner performing the work <br />wishes to protest, then the Owner performing the work will immediately notify the other Owner <br />of the basis for its protest and must deposit cash with the other Owner, or procure a bond acceptable <br />to the other Owner, in an amount sufficient to cover the cost of removing the lien from the other <br />Owner’s property. If the Owner performing the work fails to remove the lien or furnish the cash <br />or a bond acceptable to the other Owner within ten (10) days, the other Owner will be entitled to <br />satisfy the lien without further notice to the Owner performing the work, and the Owner performing <br />the work will immediately reimburse the other Owner for any sums so paid to remove any such <br />lien. The Owners will each pay the property taxes on the portion of the Easement Area located on <br />such Owner’s lot. <br />6. Indemnity. The Owners indemnify, defend and hold each other harmless from and against <br />all claims and losses arising out of or resulting from the indemnifying Owner’s use of the Easement <br />Area.