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i <br /> A p. <br /> i. <br /> ii•t. <br /> BK 12!990 PG310 2 r?OB wi <br /> '. . for the relocation and granting of the easement running in favor of Howes y. <br /> x ; <br /> a over the land of Saliba for the purpose of accessing, using, maintaining and <br /> repairing said dock together with the right to do the same. <br /> 2. Howes and Saliba agree that Howes shall pay all costs, expenses and fees <br /> . ' excepted from Paragraph 1 above which,it is agreed by Howes and Saliba,are <br /> ex(:, <br /> those costs,fees and expenses that are required to be incurred for the sole and <br /> r exclusive benefit of Howes. <br /> .., 3. Howes and Saliba agree that Saliba's obligation hereunder shall be no greater <br /> than 50% of the actual costs, fees and expenses referred to herein incurred <br /> .: <br /> after the date hereof or Fifteen Thousand Dollars ($15,000.00), whichever <br /> amount is less. <br /> 4. Howes agrees to surrender, release, remise, terminate and abandon the <br /> 1's currently existing easement of way over the land currently of Saliba. <br /> 5. Saliba agrees to grant Howes a new nonexclusive easement of way of equal <br /> width and of required length over the land currently of Saliba to give Howes a <br /> _- right of access over land currently of Saliba to access the new common dock <br /> ,afs: i <br /> structure, such grant to be appurtenant to land currently of Howes and such <br /> i� grant to run with the land currently of Howes, such easement to be located <br /> fi G more or less in a straight line between the westerly most corner of the sundeck <br /> of the structure currently located on land currently of Howes and the "deck" <br /> of the new common dock structure as such deck is shown on the above- <br /> referenced site plan. Saliba further agrees that the grant of easement shall <br /> specify that there shall be no improvements made or constructed in or upon <br /> the easement area so ran ted. <br /> � ent Saliba agrees to grant to Howes the right to <br /> 'f 6. Together with the above easem <br /> access, use, maintain and repair the said new common dock structure in <br /> Yt <br /> 4 common with Saliba. <br /> r•;3„; <br /> :�•,. <br /> 7. Saliba and Howes agiee that they shall share equally the responsibility for all <br /> upkeep and rnaintenar ce of the new common dock structure, and if necessary, <br /> p�.;. <br /> l; will execute a mainicnance agreement, in recordable form, setting forth their <br /> agreement to do the same. <br /> ...ii: 8. Howes and Saliba stipulate that their agreement, as set forth herein, may be <br /> recorded in the Barr;stable County Registry of Deeds,but,in any event,that it k <br /> .,.;: is intended to be binding on their heirs, executors, administrators, agents, <br /> 1� assigns or successors in title. I <br /> 9. Howes and Saliba agree that Howes and Saliba shall only be obligated and <br /> iG bound hereunder while they are the respective owners of Lots 101 and 102 <br /> h;:r•� <br /> C <br /> a' <br /> •t1r£a. . .. j. <br /> yF� I <br />