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620 Big Island - 22-117-23-31-0032
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Project Packet
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FROM BEST & FLANAGAN Fl C' <br />I ,.I <br />faith estimates of construction costs are provided to them by <br />subcontractors and materialmen. Upon completion of the <br />construction of the septic system, Grantees will provide <br />Grantors with an accounting in reasonable detail setting forth <br />the out-of-pocket expenses paid or incurred to third parties by <br />Grantees for the design and construction of the septic system. <br />Grantees will not charge for their time or for the time of any <br />employee of David Carlson Companies, Inc. for management, <br />supervision, administration or profit connected with the <br />Project. Promptly upon receipt of the statement, Grantors will <br />reimburse Grantees for one-half of such amount. <br />5. Maintenanc~ and Repair~. The parties covenant with <br />each other to keep the septic system in good operating condition <br />and repair at all times. Either party may contract for <br />maintenance, repairs or reconstruction of all or any part of the <br />system, provided that written notice of the nature of the work, <br />the contractor and the estimated cost shall be given to the <br />other party not less than 10 days before the commencement of the <br />work, except in the event of the need for emergency work. Upon <br />completion of such maintenance, repairs or reconstruction, the <br />cost thereof shall be shared one-half by the then·owners of the <br />Carlson Land and one-half by the then owners of the Pegelow <br />Land, except that maintenance, repairs or reconstruction of a <br />connecting pipe which serves only the Carlson Land or only the <br />Pegelow Land shall be borne by the then owners of the respective <br />benefitted parcel. Such costs and right of contribution shall <br />be the personal obligation of the respective then owners of the <br />Pegelow Land and the Carlson Land. <br />6. J.l.lJl~mnificatiQ.Q, To the ex.tent Grantees perform or <br />order the performance of work or materials for the Pegelow Land, <br />Grantees shall defend, indemnify and hold harmless Grantors <br />against any and all claims, demands, damages, actions, causes of <br />action, liabilities, losses, judgments, costs and expenses of <br />any nature whatsoever arising out of the exercise of these <br />easement rights by Grante8S or agents or contractors of <br />Grantees, including without limitation, mechanics lien claims <br />and claims for personal injury, subject however to Granters' <br />obligation of co'ntribution with respect to costs of maintenance, <br />repair and reconstruction as described above. <br />7. Running of Benefjts_jind Burdens_. All provisions of <br />this instrument, including the benefits and burdens, run with <br />the land and are binding upon and inure to the heirs, personal <br />representatives and assigns of th8 respective parties hereto . <br />. 8. Terminat_j._QJl of Covenant Liability. Whenever a <br />transfer rif ownership of either parcel of land takes place, <br />liability of the transferor for breach of covenant occurring or <br />expenses accruing thereafter automatically terminates. <br />-3-
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