Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
2. Use of Easement Area. The Ea.sement granted herein is non-exclusive.The Owner <br /> of the Lehman Lagoon Property and its successors and assigns in title to said property,shall have the <br /> right to use or grant easements to others to use the subsurface below the portion of the Easement <br /> Area located on the Lehman Lagoon Properiy,to the extent that such use is not inconsistent with or <br /> otherwise interferes with the rights declared by this instrument and conferred upon the Owner of the <br /> Navarre Property,its successors and assigns.The Owner of the Navarre Property and its successors <br /> and assigns in title to said property,shall have the right to use or grant easements to others to use the <br /> subsurface below the portion of the Easement Area located on the Navarre Property,to the extent <br /> that such use is not inconsistent with or otherwise interferes with the rights declared by this <br /> instrument and conferred upon the Owner of the Lehman Lagoon Property, its successors and <br /> assigns. <br /> 3. Initial Construction; Alterations; Maintenance and Repair. Declarant shall <br /> perform the initial construction of the Access Facilities upon the Easement Area, subject to <br /> reimbursement from its successor Owner of each Parcel as follows. The initial construction of the <br /> Access Facilities shall be comprised of a twelve foot (12') wide, four inch (4") thick blacktop <br /> driveway.Within ten(10)days after written demand for payment,if not sooner paid:(i)Declarant's <br /> successor in interest in title to the Navarre Properry shall reunburse Declarant for fifry percent(50%) <br /> of the cost of labor and materials incurred by Declarant to construct and install the initial Access <br /> Facilities upon the Easement Area, and(u)Declarant's successor in interest in title to the Lehman <br /> Lagoon Property shall reunburse Declarant for fifty percent(50%)of the cost of labor and materials <br /> incurred by Declarant to construct and install the initial Access Facilities upon the Easement Area. <br /> After initial construction of the Access Facilities,the Access Facilities shall not be modified <br /> or altered without the prior written consent of all Parcel Owners,(i)except the Owner of each Parcel <br /> shall have the right to connect access facilities located on and serving its Parcel directly to the <br /> Access Facilities at its sole cost and expense,and(ii)except for maintenance and repair(including <br /> replacements when necessary)of the Access Facilities as provided below.Subj ect to reimbursement <br /> by the Owner of the Le}unan Lagoon Property for its share of costs as provided below, the <br /> continuing maintenance and repair(including replacement when necessary)of the Easement Area <br /> and the Access Facilities thereon,sha11 be the obligation of the Owner of the Navane Property,who <br /> sha11 perform such work as and when reasonably necessary to maintain the Access Facilities in good <br /> condition and repair,with materials equal to or better in quality than the materials used for the initial <br /> construction of the Access Facilities(which shall be a 12'wide, 4" thick blacktop driveway). <br /> At least fifteen (15) days prior to commencing any maintenance or repa.ir (including <br /> replacement)of the Access Facilities,the Owner of the Navarre Properiy shall notify the Owner of <br /> the Lehman Lagoon Property,which notice shall include a scope of the work to be performed and a <br /> budget for such work (including a copy of any written proposal or construction contract for such <br /> work). The Owner of the Navarre Property shall obtain at least three (3) competitive bids from <br /> separate contractors for any proposed work to the Access Facilities and shall select the lowest bid, <br /> except as otherwise consented to in writing by the Owner of the Lehman Lagoon Property. All <br /> construction work to the Access Facilities shall be performed diligently and in a good workmanlike <br /> manner. <br /> ���os�2 <br /> 2 <br />