<br />2 – 14’ WIDE PRIVATE UTILITY AND JOINT ACCESS EASEMENT <br /> (Lots 30 and 31) <br />this Easement in such ways so as to not unreasonably interfere with the use of the other Owner. <br />The use rights of the Owners include their tenants, employees, contractors, 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 31 will maintain the Driveway in good condition. <br />The cost of any maintenance will be shared by the Owners equally (one-half per lot). The Owner <br />of Lot 30 will reimburse the Owner of Lot 31 within thirty (30) days after receipt of an invoice <br />from the Owner of Lot 31. Late payments will accrue interest at nine percent (9%) per annum <br />from the date the invoice is received. If the Owner of Lot 31 fails to perform any maintenance <br />required by this Easement, the Owner of Lot 30, upon reasonable advance written notice to the <br />Owner of Lot 31, will have the right to perform or cause to have performed said maintenance and <br />recover the Owner of Lot 31’s share of the reasonable and actual costs and expenses of the same. <br />The nonperforming Owner will reimburse the performing Owner within thirty (30) days after <br />receipt of an invoice. If maintenance of the Driveway is needed due to the negligence or fault of <br />any Owner, such Owner will promptly complete the maintenance at their sole cost and expense or <br />reimburse the performing Owner in full. <br />4.2 Utilities. The Owner of Lot 31 will maintain any Utilities shared by both 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. Utilities serving only one lot will be <br />the responsibility of the Owner of the 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 (one-half 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 <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