<br />2 – VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT <br /> (Lots 1, 2, 6, 7, 11 and 12) <br />with the use of the other Benefitted Owners and the Burdened Owners. The use rights of the <br />Benefited Owners include their tenants, employees, contractors, agents and invitees. <br />3. Restriction. No Benefitted Owner or Burdened Owner (each, an “Owner” and together, <br />the “Owners”) may construct any structure in the Easement Area or obstruct access to the <br />Easement Area for the purposes contemplated in this Agreement, except as temporarily necessary <br />in the case of an emergency. <br /> <br />4. Maintenance. <br />4.1 Driveway. The Owner of Lot 7 will maintain the Driveway in good condition. The <br />cost of any maintenance will be shared by the Benefitted Owners equally (1/4th per lot). The other <br />Benefitted Owners will reimburse the Owner of Lot 7 within thirty (30) days after receipt of an <br />invoice from the Owner of Lot 7. Late payments will accrue interest at nine percent (9%) per <br />annum from the date the invoice is received. If the Owner of Lot 7 fails to perform any <br />maintenance required by this Easement, any other Benefitted Owner, upon reasonable advance <br />written notice to the other Benefitted Owners, will have the right to perform or cause to have <br />performed said maintenance and recover the other Benefitted Owners’ share of the reasonable and <br />actual costs and expenses of the same. The nonperforming Benefitted Owners will reimburse the <br />performing Benefitted Owner within thirty (30) days after receipt of an invoice. If maintenance <br />of the Driveway is needed due to the negligence or fault of any Owner, such Owner will promptly <br />complete the maintenance at their sole cost and expense or reimburse the performing Owner in <br />full. <br />4.2 Utilities. The Owner of Lot 7 will maintain any Utilities shared by all of the <br />Benefitted Owners in good condition. The cost of any maintenance will be shared by the <br />Benefitted Owners equally in the same way as provided for Driveway maintenance above. For <br />Utilities serving the property of more than one Benefitted Owner but fewer than all of the <br />Benefitted Owners, the Benefitted Owners of the lots served will cooperate in determining the <br />necessity of maintenance, repair and replacement of their shared Utilities and share all costs <br />equally. Utilities serving only one lot will be the responsibility of the Owner of the lot served, at <br />such Owner’s sole cost and expense. <br />4.3 Repair and Replacement. The Benefitted Owners will cooperate in determining <br />the necessity of repair and replacement of the Driveway and any Utilities shared by all of the <br />Benefitted Owners 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.