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• to the North line of Lot 2, said Block 1, and there ending. <br /> AND WHEREAS, Nerniks have agreed to sell and convey to Pluhm that <br /> part of Lot 1, Block 1, Cannan Bay Heights, which was formerly a part <br /> of Lot 2, Auditor's Subdivision No. 344; and <br /> WHEREAS, each of the parties hereto wish to use the driveway <br /> hereinbefore described for ingress and egress, and for that purpose, <br /> wish to reduce to writing their Agreements regarding such driveway. <br /> NOW, THEREFORE, in consideration of the mutual promises and <br /> covenants contained herein, it is agreed by and between the parties <br /> hereto as follows: <br /> 1. The Merniks, their successors and assigns, shall have <br /> a perpetual, nonexclusive easement for driveway purposes over the <br /> driveway herein described for ingress to and egress from Lot 2, Block <br /> 1, Carman Bay Heights, subject to the right of Pluhm, his successors <br /> and assigns, to use part or all of said driveway for ingress and egress. <br /> 2. Each of the parties hereto agree that they will not obstruct <br /> or block the driveway described herein in any manner. <br /> 3. Merniks and Pluhm, their successors and assigns, shall each <br /> pay one-half of the cost of maintenance of said driveway, including <br /> snow removal. Maintenance and repair of said driveway, other than maw <br /> rival, shall be performed only after two bids specifying the cost of <br /> such maintenance and/or repair shall be obtained and delivered to the <br /> other party, not less than ten days prior to the commencement of such <br /> maintenance and/or repair work. If the other party disputes the necessity, <br /> time, cost, terms or extent of the improvement, that party shall, within <br /> five days of receipt of the written bids submit objection in writing to <br /> the party proposing the improvement. If written objection is given, <br /> and if the parties fail to negotiate, the matter shall be submitted to <br /> arbitration before an impuitial arbitrator jointly designated by the <br /> _2_ <br />