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M <br /> SK 12800 PG309 27708 Via; <br /> � � D <br /> k. be substantially as shown on a plan of land entitled "Site Plan, Profile & Details of <br /> Proposed Common Pier Prepared for Brian Howes for Lot 101,#72 Summersea Road in 4 <br /> Mashpee, Scale 1"=20', April 26, 1999, Revised 5/14199 and 11/9/99." (hereinafter the } ' <br /> Yw <br /> "site plan") <br /> WHEREAS, Howes desires to abandon and terminate the existing easement of <br /> way over the land of Saliba as described above and Saliba desires to make a new grant of <br /> easement of way to Howes over land currently of Saliba for access to the new common )Pr <br /> 'Y dock structure from land currently of Howes for the purpose of access to, use, h <br /> maintenance and repair of, the new common dock structure along with a concomitant <br /> grant of right to access,use and maintain said new common dock structure,all to be used <br /> as appurtenant to the land currently of Howes so that said grant will run with the land :, <br /> kt <br /> �;. currently of Howes. <br /> WHEREAS, Howes and Saliba recognize that their plan to construct the new r . <br /> common dock structure in the location as delineated on the above-referenced site plan <br /> may require the cooperation and consent of the current owner of Lot#100 as shown on <br /> the above-referenced plan of land, 74 Summersea Road, Masham,Massachusetts as well <br /> as the current owner of the land adjacent to Int 4101 and Lot#100 near the Mean High <br /> Water mark. <br /> t <br /> S' WHEREAS, Howes and Saliba recognize that their plan to construct the new <br /> r; common dock structure and to ensure a right of access and use for the owners of Lots <br /> 4101 and 9102 and to provide for the upkeep, repair and maintenance of the same will <br /> 4: <br /> require certain engineering,permitting,legal and construction work and drafting;and ` <br /> WHEREAS, Howes and Saliba recognize that certain of said work will benefit <br /> only Howes. +. <br /> NOW, THEREFORE, in consideration of the mutual covenants and promises <br /> contained herein, it is mutually covenanted, stipulated and agreed by and between then ° <br /> parties hereto as follows: ` <br /> 1. Howes and Saliba agree to share equally all of the costs, expenses and fees , <br /> incurred: 1)to obtain all required approvals,permits and consents necessary to <br /> 7r construct the new common dock structure; 2) to engineer the new common <br /> dock structure as required for its approval and construction; 3) to research, <br /> draft and execute all legal documents necessary to effectuate the plan of the ` <br /> parties for the construction, use and maintenance of the new common dock <br /> structure; and 4)to negotiate all aspects of the project with third parties to the <br /> extent such negotiations become necessary in order to effectuate the plan of <br /> x_ <br /> the parties for the construction,use and maintenance of <br /> the new common dock <br /> structure,with the exception of those costs,expenses and fees incurred solely rtR <br /> B <br /> II <br /> i <br />