<br />2 – 14’ WIDE PRIVATE UTILITY AND JOINT ACCESS EASEMENT <br /> (Lots 9, 10, 13 and 14) <br />the other Owners. The use rights of the Owners include their tenants, employees, contractors, <br />agents and invitees. <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. <br />4.1 Driveway. The Owner of Lot 10 will maintain the Driveway in good condition. <br />The cost of any maintenance will be shared by the Owners equally (1/4th per lot). The other Owners <br />will reimburse the Owner of Lot 10 within thirty (30) days after receipt of an invoice from the <br />Owner of Lot 10. Late payments will accrue interest at nine percent (9%) per annum from the date <br />the invoice is received. If the Owner of Lot 10 fails to perform any maintenance required by this <br />Easement, any other Owner, upon reasonable advance written notice to the other Owners, will <br />have the right to perform or cause to have performed said maintenance and recover the other <br />Owners’ share of the reasonable and actual costs and expenses of the same. The nonperforming <br />Owners will reimburse the performing Owner within thirty (30) days after receipt of an invoice. <br />If maintenance of the Driveway is needed due to the negligence or fault of any Owner, such Owner <br />will promptly complete the maintenance at their sole cost and expense or reimburse the performing <br />Owner in full. <br />4.2 Utilities. The Owner of Lot 10 will maintain any Utilities shared by all of the <br />Owners in good condition. The cost of any maintenance will be shared by the Owners equally in <br />the same way as provided for Driveway maintenance above. For Utilities serving the property of <br />more than one Owner but fewer than all of the Owners, the Owners of the lots served will cooperate <br />in determining the necessity of maintenance, repair and replacement of their shared Utilities and <br />share all costs equally. Utilities serving only one lot will be the responsibility of the Owner of the <br />lot served, at such Owner’s sole cost and expense. <br />4.3 Repair and Replacement. The Owners will cooperate in determining the <br />necessity of repair and replacement of the Driveway and any Utilities shared by all of the Owners <br />and share all costs equally (1/4th per lot). <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