Your Business Pak/BusinessPak2.iso/Pca/_SETUP.1/PARTYW1.BLD

Text File | 1997-07-22 | 5KB | 162 lines

#100
@001 Enter the name of the FIRST OWNER:
~Enter the name of the first owner. The order is not significant.
@002 Enter the name of the SECOND OWNER:
~Enter the name of the second owner. The order is not
~significant.
@003 Enter the legal description of FIRST OWNER's property:
~Enter the legal description of the property owned by the first
~owner.
@004 Enter the legal description of SECOND OWNER's property:
~Enter the legal description of the second listed owners
~property.
@005 Enter the axis along which the parties adjoin:
~Enter the place where the parties to this agreement wall
~adjoins.
@006 Enter the name of the designer of the wall:
~Enter the name of the architect or engineer to design the wall.
@007 Enter the name of the contractor of the wall:
~Enter the name of the contractor to build the wall.
@008 Enter the thickness for the initial wall:
~Enter the thickness that the wall will be built.
@009 Enter the height of the initial wall:
~Enter the height for the wall.
@010 Enter a description of FIRST OWNER's proposed building:
~Enter a general description of the main attributes of the
~building that the first owner will construct.
@011 Enter a description of SECOND OWNER's proposed building:
~Enter a general description of the main attributes of the
~building that the first owner will construct.
#end control section
#100



            AGREEMENT FOR CONSTRUCTION OF PARTY WALL


@001, referred to as FIRST OWNER, and @002, referred to as SECOND
OWNER, agree:


FIRST OWNER is the owner of the following described real
property:

@003


SECOND OWNER is the owner of the following described real
property:

@004


which properties are adjoining along @005.


The parties shall jointly erect and jointly pay for the
construction of a party wall to be jointly used by the parties.


The wall shall be designed by @006, and shall be constructed by
@007, and shall have the following properties:


LOCATION--


The wall shall be placed upon the adjoining property line, with
the same to be placed 1/2 on each party's property. The wall
shall have a thickness of @008 and shall be @009 in height, and
shall be capable as acting as a structural support wall for
construction of the following contemplated buildings by the
parties:


FIRST OWNER: @010

SECOND OWNER: @011


PAYMENT AND BUILDING:

The parties to this agreement shall jointly agree upon a form of
contract for the work to be performed, the contract price, and
shall jointly pay for the same. Each party hereto grants a lien
upon their above described property for the payment of the joint
share. In the event that either party fails to pay as agreed, the
other owner may pay the same, and shall have the right upon 20
days notice to institute an action to foreclose the lien
provided for herein. Such unpaid sums shall bear interest at the
highest legal rate.

RIGHT TO USE:


Each party shall have the right to use the wall to support
joists, crossbeams or other structural members as required for
any structures to be constructed by their above described
property. Such use shall be limited to uses which do not result
in injuries to the other property, the party wall itself, or the
value of the easement to which the adjoining property is
entitled.

RIGHT TO EXTEND:

The parties shall have the right to extend the wall,
horizontally, vertically or  both, and to make such extension of
a greater thickness than the original wall, or any extension
thereof built. However, such added thickness may not extend to
the adjoining property without the prior written consent of the
adjoining landowner. The workmen and designer of the same shall
be properly licensed.


In the event that one landowner elects to extend the wall, the
other landowner may use the same for additional load bearing.
However, in the event that the adjoining landowner uses the same
for additional load bearing, the other landowner shall pay 50%
(fifty per cent) of the cost of the wall incurred by the
landowner who failed to originally contribute.


REPAIR:

In the event that any repair is required to the party wall, the
parties shall equally divide the cost of the same except if the
repair is directly related to a portion of the party wall solely
used by one party, the cost of such repair shall be borne by the
party which enjoys the benefit of the same. The workmen and
designers of the repair shall be licensed to perform the same.

LICENSE:


To the extent that the same is necessary, the parties shall have
a licensee to enter upon the other parties premises to make
necessary repairs or construction permitted herein.


CONSTRUCTION OF THE AGREEMENT:

This agreement shall constitute an easement and a covenant
running with the property. Provided, however, that this agreement
shall not be construed as a conveyance of any part of the fee of
the lot on which the wall shall stand.


Dated: ________________________




___________________________________

@001



__________________________________

@002