The Shared Well Agreement is a legal document that outlines the terms under which multiple property owners can share a single well and its water distribution system. This agreement ensures that all parties involved have a clear understanding of their rights and responsibilities regarding the use and maintenance of the well. By formalizing these arrangements, property owners can avoid disputes and ensure a reliable water supply for their households.
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The Shared Well Agreement form serves as a crucial document for property owners who wish to establish a collaborative arrangement regarding the use of a shared water well. This agreement outlines the rights and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from the water sourced from it. Essential components of the agreement include the legal descriptions of the properties involved, the terms under which water can be drawn for domestic use, and the financial obligations related to maintenance and operation costs of the water distribution system. The document specifies that both parties must contribute equally to expenses and establishes protocols for emergency situations. Additionally, it addresses the potential termination of the agreement, should the well become contaminated or if an alternative water source becomes available. Importantly, the agreement ensures that future owners of the properties are bound by its terms, thereby providing a framework for ongoing cooperation and maintenance of the shared water system.
A Shared Well Agreement is an essential document for those sharing a well system. However, several other forms and documents often accompany it to ensure clarity and compliance. Here’s a brief overview of these important documents.
Having these documents in place can streamline communication and cooperation among parties sharing a well. They help clarify responsibilities, protect rights, and ensure that everyone is on the same page regarding the well's operation and maintenance.
Shared Well Water Agreement
This Agreement, made and entered into this ____day of __________ by and between
_____________________________, who resides at _____________________________
_____________________________ (street address, city, county, state, zip code), hereinafter
referred to as the "supplying party," and _____________________________, who resides at
__________________________________________________________ (street address, city,
county, state, zip code), hereafter referred to as the "supplied party:”
WHEREAS, the supplying party is the owner of property located at
county, state, zip code), which property is hereafter referred to as “Parcel 1” and is more fully described as follows:
___________________________________________________________________________
(Put Legal Description of Property Here)
WHEREAS, the supplied party is the owner of property located at
county, state, zip code), which property is hereafter referred to as “Parcel 2” and is more fully described as follows:
WHEREAS, the undersigned parties deem it necessary to provide a well system to service the parcels described herein, and an Agreement has been reached relative to supplying water from the well and sharing the cost of supplying said water; and
WHEREAS, there is located a well upon the above described property of supplying party; together with water distribution facilities, hereinafter referred to as "water distribution system", for the purpose of supplying water to all properties connected to the said water distribution system; and
WHEREAS, it is the intention and purpose of the undersigned parties that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the properties connected thereto, for the domestic consumption of the occupants of said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water
distribution system for the benefit of the present and future owners, their heirs, successors and assigns of the properties connected thereto; and
WHEREAS, the said well is deemed by the parties hereto to be of adequate capacity to supply a single family dwelling on each of the parcels described herein with water from the well for all domestic uses of a single family residing therein; and
WHEREAS, the water from the well has undergone a water quality analysis from the State of
___________ health authority and has been determined by the authority to supply safe for human
consumption; and
WHEREAS, the parties hereto desire to enter this Agreement for the purpose of reducing to writing their respective rights and obligations pertaining to said well and water distribution system.
NOW THEREFORE, in consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on Parcel 1 shall be used by the parties to this Agreement, as well as by all future owners and occupants of said Parcels 1 and 2, upon the following terms and conditions:
1.That until this Agreement is terminated, as hereinafter provided, the parties hereto (and their heirs, successors and assigns, for the exclusive benefit of the respective parcels of said real estate, and for the exclusive use of the households residing thereon), are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on Parcel 1 for domestic use excluding the right to draw water to fill swimming pools of any type.
2.That the owners or residents of the dwellings located on Parcels 2, as of the date of this Agreement shall:
a.Pay or cause to be paid to the supplying party, an annual fee for this use of the well and water distribution system in the amount of $_____________ on or before the 15th of January each year, with the exception of this year whereby the amount shall be $____________ and paid on the execution of this Agreement.
b.Pay or cause to be paid promptly, a proportionate share of all expenses for the operation and maintenance of the well and water distribution system that may become necessary. Each respective share shall be determined by dividing the amount of each expense by two, it being understood that the supplying party and the supplied party shall pay an amount equal to one half of the total of such necessary repair or replacement. Shared expenses include the cost of electricity for pumping, repairs and maintenance on said well and water distribution system.
3.That the cost of any removal or replacement of pre-existing site improvements on an individual
parcel necessary for system operation, maintenance, replacement, improvements, inspection or testing, damaged as a result of repair of the well or water distribution system maintenance will be borne by the owner of the affected parcel, except that costs to remove and replace common boundary fencing or walls damaged as a result of repair shall be shared equally between or among parties so damaged.
4.That each of the parties hereby agrees that they will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings.
5.That the consent of all parties to pay a proportionate share of costs shall be obtained prior to embarking upon expenditures for system maintenance, replacement or improvement, except in emergency situations.
6.That the supplied party shall pay to the supplying party his proportionate share for the cost of energy for the operation of the pumping equipment. This cost shall be determined by a separate meter upon each dwelling and for each parcel.
7.That it is the agreement of the parties hereto that the payment for energy cost shall be made not later than the _________day of each succeeding month during the term of this Agreement. In the event that any such payment remains unpaid for a period of ____days, the supplying party may terminate the supply of water to the supplied party until all arrearages in payment are received by the supplying party.
8.That each of the parties to this Agreement does hereby grant to the other, his heirs, successors and assigns, such easements over, across and through the respective parcels as shall be reasonably necessary for the construction of the well, maintenance of water pipes, pumping equipment, mains, electrical wiring and conduit consistent with the purposes of this Agreement. These easements are described below, to wit:
(Describe easements, if any)
10.That no party may install landscaping or improvements that will impair the use of said easements.
11.That each party shall have the right to act to correct an emergency situation and shall have access to the pertinent parcel in the absence of the other. An emergency situation shall be defined as
the failure of any shared portion of the system to deliver water upon demand.
12.That only those parcels of real estate hereinabove described and the dwellings located thereon shall be permitted to receive water from said well and pumping equipment; and each of the parties hereto does hereby covenant and agree that he/she will not allow or permit other persons, other than household guests, to take, draw, use or receive water from the well, nor permit other persons to connect to the pipes or mains serving his/her respective parcel.
13.That in the event the referenced well shall become contaminated and shall no longer supply
water suitable for domestic consumption, or shall no longer supply water adequate for the needs of all relevant parties, or in the event that another source of water shall become available to the respective parcels, then the rights and obligations of the parties created by this Agreement shall cease and terminate in accordance with the terms and conditions hereinafter described.
14.That upon the availability of such other source of water, it is contemplated that a reasonable time shall be allowed to effectuate the necessary connections to the new source.
15.That the respective rights and obligations of the parties shall continue until the parties who wish to terminate their participation in the Well Agreement have executed and filed a written statement of termination at the _____________________________ (office where deeds in your state are recorded) of the County of ____________ and the state of ____________________. Upon termination of participation in this Agreement, the owner and occupant of each residence which is terminated from the Agreement shall have no further right to the use of the well. The terminated parties shall disconnect their respective lateral connection from said well system and shall have no further obligation to pay or collect for maintenance and related expenses incurred thereafter. The costs of disconnection from the well and water system shall be borne by the owner of the pertinent parcel.
19.That the term of this Agreement shall be perpetual, except as herein limited.
20.That the benefits and burdens of this Agreement shall constitute a covenant running with the parcels of land herein described and shall be binding upon the heirs, successors in title and assigns of the parties hereto.
21. Any dispute under this Agreement shall be required to be resolved by binding arbitration
of
the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American
Arbitration Association then in force and effect.
Witness our signatures this the ____ day of __________, 20____.
__________________________________________________
(Acknowledgment before a notary public, the form of which will vary by state)
Filling out the Shared Well Agreement form is an important step for parties who wish to establish clear rights and responsibilities regarding a shared water source. This agreement ensures that both parties understand their obligations and the terms of water usage. Below are the steps to guide you through the process of completing the form.
The Shared Well Agreement is similar to a Joint Use Agreement, which outlines the terms under which two or more parties can share a resource, such as land or facilities. Like the Shared Well Agreement, a Joint Use Agreement specifies the rights and responsibilities of each party, including maintenance and cost-sharing provisions. This document ensures that all parties have access to the shared resource while clarifying how expenses will be divided, much like how the Shared Well Agreement details the costs associated with the well and water distribution system.
Another document that shares similarities with the Shared Well Agreement is the Easement Agreement. This legal document grants one party the right to use a portion of another party’s property for a specific purpose. In the context of the Shared Well Agreement, easements are essential for allowing access to the well and the necessary infrastructure for water distribution. Both agreements require clear definitions of the rights granted and the responsibilities of each party, ensuring that property use does not interfere with the other party’s interests.
A Water Supply Agreement is also akin to the Shared Well Agreement, as it governs the terms under which water is supplied to a property. This type of agreement typically includes details about water quality, quantity, and payment terms. Much like the Shared Well Agreement, it sets forth the obligations of the parties involved, ensuring that the water supply is reliable and meets health standards. Both documents aim to protect the interests of the parties while providing a framework for the use and maintenance of water resources.
When formalizing a corporation in California, it is essential to understand various legal documents that correspond to business operations, much like the relationship between shared resources in agreements such as the Shared Well Agreement. One crucial document in this process is the California Articles of Incorporation form, which can be accessed at californiapdfforms.com/articles-of-incorporation-form/. This form is fundamental for establishing a corporation, laying out its essential details such as name and purpose, ensuring that the business is legally recognized and structured correctly.
Lastly, a Maintenance Agreement bears resemblance to the Shared Well Agreement by focusing on the upkeep and repair of shared facilities. This document delineates the responsibilities of each party regarding maintenance tasks and associated costs. Similar to the provisions in the Shared Well Agreement, a Maintenance Agreement emphasizes the importance of cooperation among parties to ensure that the shared resource remains functional and in good condition. Both agreements are crucial for establishing clear expectations and preventing disputes over maintenance responsibilities.
Assuron - This document can significantly ease the burden of managing electronics problems.
The IRS W-9 form is a document that individuals and businesses use to provide their taxpayer identification information. This form is essential for those who are required to report certain types of income received from other entities. Completing the W-9 helps ensure accurate tax reporting and compliance with IRS regulations, and you can find relevant templates and resources at https://fastpdftemplates.com.
Bbb Complaints - File a complaint against a service provider that did not deliver as promised.
Residential Construction Proposal for Construction Project - This form is essential for communicating your project's scope and requirements.
Understanding the Shared Well Agreement form is crucial for parties involved in a shared well system. However, several misconceptions may arise. Here are six common misconceptions, along with clarifications:
This is not true. The Shared Well Agreement is designed to benefit not just the current owners but also their heirs, successors, and assigns. This ensures that future owners are also bound by the same terms and conditions.
In fact, the supplied party is required to share the costs of operation and maintenance. Both parties are responsible for half of any necessary expenses, ensuring that the system remains functional for everyone involved.
This is incorrect. Any changes to the agreement must be mutually agreed upon by both parties. The consent of all parties is required before any expenditures for maintenance or improvements are made, except in emergencies.
This is a misunderstanding. The agreement specifies that water drawn from the well is for domestic use only. It explicitly excludes filling swimming pools or other non-domestic uses, which helps manage the water supply effectively.
Terminating participation in the agreement requires a formal written statement filed with the appropriate county office. This ensures that all parties are aware of the changes and can plan accordingly.
The Shared Well Agreement is intended to be perpetual, meaning it continues indefinitely unless specific conditions for termination are met. This longevity provides stability for both parties and their future successors.