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Notes & Easement Formoil § 94:22 EASEMENTS EASEMENTS SECTION TWELVE reference, made a part o MODIFICATION OF AGREEMENT set forth in this instrumer Any modification of this agreement or additional obligation assumed by B. The parties desire b either party in connection with this agreement shall be binding only if above -described easeme evidenced in writing signed by each party or an authorized representative of The parties agree as fi each party. a In witness whereof, each party to this agreement has caused it to be executed at ;, [place of execution] on the date indicated below. f [Signatures and date(s) of signing] The parties agree to s [Title of person representing corporation] above -described easeme [Acknowledgments] Po [date], and er p Tax Notes: ment. Tax aspects of easements generally. 2 FEDERAL TAx GUIDE To LEGAL FORMS, I Easements ¶¶ 165-N-11 et seq. MAIN' y —Tax treatment of costs of acquisition of an easement. FEDERAL TAX GUIDE TO The repairs and maint LEGAL FORMS, Easements Q 165-N-71. t agreement shall include p Notes on Use: (specify maintenance an resurfacing, dredging anwell Text references: Manner of creation of easements. 25 AM JuR 2d, Easements and '} as materials to be L Licenses §§ 17 et seq. necessary or advisable, Annotations: Access to industrial, commercial, or business premises over preen- specified above, Shall nc ises differently zoned, 63 ALR2d 1446. the prior, express, and v Cross references: For forms of acknowledgments, see AcxNowLEDGMENTS (Ch 7). assumption by each of t " financial liability for the 4 § 94:23 Agreement between co -owners for maintenance ryy and repair of common easement AGREEMENT The parties agree to I Agreement made, effective as of _, [date], by and between nance authorized purses Of _-3[address], City of —4 , County of s ,x above -described easem State of s , and —7 , of a [address], City of —9 �a [Name] ag County of _,o , State of _„ 3� costs and expenses, bu RECITALS total of 95 Dolls remaining _27 pe The parties recite and declare: exceeding during the to A. The parties to this agreement are co -owners of an easement in the nature of a —,:, [drainage ditch or private right of way or as the case may be] approximately _13 feet in width and extending approximately _,a [distance] in a —is [northerly] direction from —s g [describe starting point] to _17 [describe termination point] through 09 [Name], Vu _19 [describe land through which easement runs], as shown on the the agent of the parties map or plat attached to this agreement as Exhibit "_,s_" and, by this nance authorized under (For Tax Notes and Notes on Use see end of form) (For Ta, 28 7A Am Jur Legal Forms 2d (Rev) 7A Am Jur Legal Fon EASEMENTS EASEMENTS § 94:23 reference, made a part of this agreement as fully and to the same effect as if dT set forth in this instrument in its entirety. gation assumed by B. The parties desire to share the costs and expenses of maintaining the binding only if above -described easement. ized representative of The parties agree as follows: s caused it to be SECTION ONE a indicated below. EXPENSES TO BE SHARED late(s) of signing] The parties agree to share the costs and expenses of maintaining the above -described easement in good repair for the period commencing �o [date], and ending —z, [date], as set forth in this agree- ment. GUIDE TO LEGAL FORMS, SECTION TWO t. FEDERAL TAX GUIDE TO MAINTENANCE AND REPAIRS DEFINED The repairs and maintenance to be undertaken and performed under this agreement shall include the following and only the following: [specify maintenance and repairs desired, such as filling of chuckholes, LM JUR 2d, Easements and resurfacing, dredging and limit such items by specifying type of equipment as well as materials to be used]. Any additional repairs or maintenance deemed zess premises over preen- necessary or advisable, but not included within the maintenance and repair specified above, shall not be undertaken under this agreement except with the prior, express, and written consent of each of the parties and an cxxowLEDGMErrrs (Ch 7). assumption by each of the parties in writing of their proportionate share of for maintenance financial liability for the cost of such additional repairs or maintenance. it SECTION THREE LIMITS OF LIABILITY The parties agree to bear the costs and expenses of repairs and mainte- and between nance authorized pursuant to and during the term of this agreement for the �nty of above -described easement as follows: , City of �s 9a [Name] agrees to bear —za percent (,%) of such costs and expenses, but not exceeding during the term of this agreement a total of 2s— Dollars ($—). [Name] agrees to bear the remaining 7 percent (—%) of such costs and expenses, but not exceeding during the term of -this agreement a total of 9a Dollars basement in the Nay or as the case iding approximately ­ SECTION FOUR - from _,F DESIGNATION OF AGENT :)n point] through as shown on the —29[Name], whose address is --3o , is hereby designated as " and, by this the agent of the parties to contract for and oversee the repairs and mainte- nance authorized under this agreement. Such agent, on acceptance of the form) (For Tax Notes and Notes on Use see end of form) :gal Forms 2d (Rev) 7A Am Jur Legal Forms 2d (Rev) 29 § 94:23 EASEMENTS EASEMENTS agency, shall be personally liable for any and all debts contracted by ,;, [him or her] on behalf of the parties to this agreement for repairs and maintenance of the easement during the term of this agreement in excess of the parties' total agreed liability of --.3? Dollars ($^), except such debts contracted after obtaining the parties' prior written consent to be liable for such additional expense. SECTION FIVE COMPENSATION OF AGENT The total compensation of the above -named agent for acting as such under this agreement shall be xg Dollars ($—), payable __34 [specify amount and intervals of payment]. Such compensation is to be .;5 [included in or in addition to] the parties' liability specified in Section Three of this agreement. SECTION SIX ADVANCEMENT OF COSTS AND EXPENSES A. On the execution of this agreement by the parties and the acceptance by _;5 [agent] of ___37 [his or her] appointment as agent under this agreement, each party shall advance the respective percentage share, as set forth above, of Dollars ($_) and deposit the same in the agent's trustee account to be carried in the __as [bank], for use by the agent in paying the costs and expenses authorized and incurred under this agreement. B. As the agent requires additional funds from time to time to pay the costs and expenses authorized and incurred under this agreement, each party shall deposit the percentage share of the sums required, subject to the limits of liability under this agreement, in the agent's trustee account on receipt of notice from the agent that such funds are required. SECTION SEVEN ACCOUNTING BY AGENT The agent shall furnish to the parties to this agreement written reports of maintenance and repairs undertaken, costs and expenses incurred, and receipts for the payment of costs and expenses on or before the _40 day of each month. SECTION EIGHT BOND OF AGENT The above -named agent shall furnish a faithful performance bond in the amount of —4, Dollars ($_) from a good and sufficient surety, the premiums to be paid out of the total agreed liability of the parties to this agreement as set forth above. (For Tax Notes and Notes on Use see end of form) 30 7A Am Jur Legal Forms 2d (Rev) Any notice or report req parties and the above-nan this agreement, unless Sul person concerned, in whic the sending of such notice —40 [regular or regi postage prepaid. PERSONAL INJI Any liability of the partie to any worker employed ti persons, as well as any li: the agent, or any such we out of repairs and maintei between the parties, in th expenses of such repairs of —4a Dollars ($— premiums for such insurai amount set forth above a Each of the parties agr from and against any anc when such injury or damn to any maintenance or re ment. It is agreed that this ac enforced in accordance N This agreement shall c and any prior understanc of this agreement shall n incorporated in this agre, (For Tax 7A Am Jur Legal Form § 94:23 EASEMENTS EASEMENTS SECTION FOURTEEN A © Tax Notes: MODIFICATION OF AGREEMENT Tax aspects of ease Any modification of this agreement or additional obligation assumed by Easements 9$ 165-N-1 either party in connection with this agreement shall be binding only if SECTIONELEVEN evidenced in writing signed by each party or an authorized representative of } each party. '` For tax implications see 1 FEDERAL TAX C SECTION FIFTEEN and Similar Arrangem NO WAIVER` Notes on Use: The failure of either party to this agreement to insist upon the performance Text references: M; of any of the terms and conditions of this agreement, or the waiver of any, and Licenses § 85. breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same Cross references: Fs sha[I continue and remain in full force and effect as if no such forebearance 94.24 Option a § P g or waiver had occurred. SECTION SIXTEEN;,'- ATTORNEY FEES. Agreement made, eff In the event that any action is filed in relation to this agreement, the y a corporatio State of , Witt unsuccessful party in the action shall pay to the successful party, in addition of _ to all the sums that either party may be called on to pay, a reasonable sum y, =' —5 ,County optionee, and for the successful party's attorney's fees. R All, _s [address], City of _++_ SECTION SEVENTEEN hereinafter referred to PARAGRAPH HEADINGS 21, The parties agree a: The titles to the paragraphs of this agreement are solely for the conve- nience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.` In witness whereof, each party to this agreement has caused it to be In consideration of t is hereby acknowledgE executed at _46[place of execution] on the date indicated below. to purchase for a furtt [Signatures and date(s) of signing] Dollars ($—) per mil [Acknowledgments] exceeding ACCEPTANCE OF AGENCY The perpetual right maintain, repair, rebuil The undersigned, _47, hereby acknowledges and accepts —as = transmission lines anc [his or her] appointment as agent of _49 and —so to contract for erect poles and other and oversee the maintenance and repair authorized for the easement de - necessary appurtenar scribed in the above agreement and agrees to be bound by the provisions of clear of brush, trees, such agreement. trees, if any, located I Dated -,;, with the right of way; [Signature] land consisting of —+ [Title] of —+e , belong [Acknowledgment] in a deed recorded in (For Tax Notes and Notes on Use see end of form) (For' 32 7A Am Jur Legal Forms 2d (Rev) 7A Am Jur Legal Fc EASEMENTS mtracted by reement for repairs agreement in )ollars ($ ), prior written consent acting as such payable aa sation is to be ty specified in VSES id the acceptance Dnt as agent under percentage share, osit the same in the ank], for use by the Icurred under this :ime to pay the costs ent, each party shall :ct to the limits of int on receipt of t written reports of s incurred, and fore the _'_Ao lance bond in the efficient surety, the a parties to this form) :gal Forms 2d (Rev) EASEMENTS § 94:23 SECTION NINE NOTICES Any notice or report required under this agreement shall be sent to the parties and the above -named agent at the addresses respectively indicated in this agreement, unless such addresses change by written notice to each person concerned, in which event the new address given shall be used for the sending of such notice or report Any required notice shall be made by ,ax [regular or registered or certified] mail, property addressed and postage prepaid. SECTION TEN PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY Any liability of the parties for personal injury to the above -named agent, or to any worker employed to make repairs under this agreement, or to third persons, as well as any liability of the parties for damage to the property of the agent, or any such worker, or of any third person, as a result of or arising out of repairs and maintenance under this agreement, shall be borne, as between the parties, in the same percentages as they bear the costs and expenses of such repairs and maintenance. Liability insurance in the amount of ,47 Dollars ($—) shall be obtained from _44 [insurer], premiums for such insurance shall be advanced by the agent from the total amount set forth above as the liability of the parties to this agreement. SECTION ELEVEN INDEMNITY Each of the parties agrees to indemnify and to hold the other harmless from and against any and all liability for personal injury or property damage when such injury or damage shall result from, arise out of, or be attributable to any maintenance or repair undertaken under or pursuant to this agree- ment. SECTION TWELVE GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _4e . SECTION THIRTEEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. (For Tax Notes and Notes on Use see end of form) 7A Am Jur Legal Forms 2d (Rev) 31