201205986 - Laserfiche WebLink

Browse

2012059�� WHEREAS, Kleeb owns a Valley Mode18000-C Irrigation System, Serial No. 10827752, electric motor, irrigation pump, gearhead and wiring (collectively the "Irrigation Equipment") for the purpose of irrigating the crops grown on Tract 1 and Tract 2, which Irrigation Equipment is situated on Tract 1; and WHEREAS, the irrigation well, used to provide water to irrigate the crops grown on Tract 1 and Tract 2 is located on Tract 1 and is owned by Kleeb; and WHEREAS, the parties hereto now desire to reduce to writing their agreements pertaining to the use of the Irrigation Equipment and irrigation well and the maintenance, repair and replacement of the Irrigation Equipment set forth hereinbelow. NOW, THEREFORE, in consideration of the mutual covenants and conditions as set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: l, The foregoing recitals are specifically incorporated in this Agreement and made a part of this Agreement by this reference. 2. Kleeb hereby grants to Allan the non-exclusive right to use the Irrigation Equipment and the water from the irrigation well located on Tract 1 as necessary to properly irrigate the crops grown on Tract 2 and Kleeb additionally grants to Allan a non-exclusive easement over, through, under and upon Tract 1 as necessary to use, maintain, repair and replace the Irrigation Equipment and the irrigation well located upon Tract 1. By this grant, Kleeb does not guarantee that there will, at all times, be sufficient water to properly irrigate the crops grown on Tract 1 and Tract 2. 3. Kleeb and Allan shall each share one-half (1/2) of all costs and expenses to finance, maintain, repair and replace the Irrigation Equipment so as to keep said Irrigation Equipment in proper condition and repair at all times during the term of this Agreement. Kleeb and Allan shall each have equal use of and access to the Irrigation Equipment and the water from the irrigation well. 4. The non-exclusive right to use the water from the irrigation well located on Tract 1 as necessa,ry to properly irrigate the crops grown on Tract 2 and the non-exclusive easement granted hereinabove to Allan shall be a perpetual right and easement, shall run with the land and shall inure to and be binding upon the parties hereto, their heirs, successors and assigns and all parties claiming ownership of Tract 1 or Tract 2 through the parties hereto. 5. The parties hereto agree that no change or changes shall be made in this Agreement except in writing signed by the parties hereto setting forth the terms of the agreed modification. 6. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, legal representatives, successors and assigns. 2