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16 RIVERBANK ROAD - BUILDING INSPECTION UPC 10333 No. 153L-3 HASTINGS, MN i 1 JOINT VENTURE AGREEMENT OF INTERVALE/RIVERVIEW FORCED MAIN ASSOCIATION WHEREAS, Peter K. Strout and Kathie M. Strout (hereinafter referred to as "Strouts") are the owners of realty located at 29 Riverview Street, Salem, Essex County, Massachusetts; and WHEREAS, George C. Hartman and Cathleen A. Hartman (hereinafter referred to as "Hartmans") are the owners of realty located at 3 Riverview Street, Salem, Essex County, Massachusetts; and WHEREAS, George Girard and Michelle Girard (hereinafter referred to as "Girards") are the owners of realty located at 20 Intervale Road, Salem, Essex County, Massachusetts; and WHEREAS, Peter DiIsso and Lisa Dilsso are the owners of realty located at 19 Intervale Road, Salem, Essex County, Massachusetts; and WHEREAS, the said Strouts, Hartmans, Girards and DiIssos are the owners of a private sewer pumping system located on Intervale Road and Riverview Street, Salem, Essex County, Massachusetts, as shown on a plan attached hereto and incorporated herein; and WHEREAS, the cost of installing said system amounted to the sum of Fourteen Thousand Dollars ($14, 000.00) for the cost and installation; and WHEREAS, Maurice Gauthier and Velora Gauthier (hereinafter referred to as "Gauthiers") are the owners of realty located at 27 Riverview Street, Salem, Essex County, Massachusetts. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the said Strouts, Hartmans, Girards, DiIssos and Gauthiers hereby agree as follows: 1. The undersigned do hereby associate themselves as a joint venture, for the sole purpose of managing the ownership and maintenance of said private sewer pumping system, hereinafter to be referred to as "The Intervale/Riverview Forced Main Association. " 2 . The said Gauthiers shall pay one-fifth of the costs associated with the installation of said sewer pumping system to the said Hartmans, Girards and DiIssos at the time of execution of this agreement. The Strouts hereby waive their portion of said payment. 3. The said Gauthiers are hereby granted one-fifth ownership of said sewer pumping system and are granted full rights of hook-up and use of said sewer pumping system. The said Gautheiers acknowledge that their percentage of ownership may decrease with the addition of other parties to this agreement. 1 a. 3 4 . The said Strouts, Hartmans, Girards, DiIssos and Gauthiers agree to hereinafter share equally all expenses associated with the maintenance of said sewer pumping system. 5. Each owner reserves the right to separately dispose of his share of any real property associated with this agreement without the approval of any other owner or management. However, such subsequent owner shall be bound by this agreement to the same extent as his predecessor in 'title. 6. Death or insolvency of any individual owner or bankruptcy or attachment or other action shall not dissolve this agreement, it being provided that any heir, assignee, purchaser at judicial sale, purchaser from receiver, referee in bankruptcy or otherwise, shall acquire only the interest of such individual owner and shall thereupon become bound by the articles hereof the same as if he had signed the same at the inception. 7 . Any such owner or owners may grant permission to a public utility company or water company to enter upon said way, to install, repair, or relocate pipes, conduits, manholes, and other necessary appurtenances for transmission of sewer service in accordance with the company regulations. 8. The owners herein shall share equally all liability, damage, loss, claims, demands, and actions arising out or associated with the operation of the sewer pumping system. 9. The parties hereto collectively agree that any other abutters to said sewer pumping system will be allowed to hook up and purchase a pro rata interest in said sewer pumping system upon payment of a pro rata share of the said costs of installation and any accumulated maintenance charges with the proceeds to be split equally amongst the present owners of the sewer pumping system. Each future owner shall be required to execute an agreement similar in content to this agreement. 10. The parties hereto hereby each grant to each other reciprocal easements necessary to effectuate this agreement and further agree to execute any and all documents necessary for recording in the Essex South District Registry of Deeds in order to make this agreement binding upon their successors in title to their respective realties. 11. This agreement shall be binding upon and shall inure to the benefit of the heirs, assigns, and successors in interest of the parties hereto. 2 I RPUIVED 11/03 15:04 1993 AT 5007456909 PAGE 4 (PRINTED PAGE 4) 3 ,. 5087418034 21 FRONT ST. ASSOC. 629 PO4 NOV 03 193 16:12 Executed as a sealed instrument this ^�34day of YnU('uk 1993. v r ce t e Velbta Gauthier Peter tro K e M. Strout ann Cath. artmanp XJA*1�IA/� -)Ili J�) -49 rga 3frard Michelle G rard r Peter D IscoL a biIsso COMMONWEALTH OF MASSACHUSETTS ESSEx,SS. overbz a3 Ai9Vp1tb6r 199 Then personally appeared the above named Maurice Gauthier and Velora Gauthier and acknowledged the foregoing instrument to be their free act and deed, before me, Notary,45ublic My Commission Expires: 3 C 136C91YPD 11/03 15:04 1993 AT 59/374569/39 PAGE 5 (PRINTED PAGE 5) 1 5087418034 21 FRONT ST. RSSOC. 629 P05 NOV 03 '93 16:12 COMMONWEALTH OF MASSACHUSETTS ESSEH,SS. November, 1993 Then personally appeared the above named Peter K. Strout and Kathie M. Strout and acknowledged the foregoing instrument to be their free act and deed, before me, �eirM,c,�' .o�ie�ty N liC My Commissiozf icaes Z59q COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. NoMaIju , 1993 Then personally appeared the above named George C. Hartmann and Cathleen A. Hartmannand acknowledged the foregoing instrument to be their free act and deed, before me, otary lic Y Commission Expires• OG t,/z /��3 COMMONWEALTH.OF MASSACHUSETTS ESSEX,SS. !2, 1993 Then personally appeared the above named George Girard and Michelle Girard and acknowledged the foregoing instrument to be their free act and deed, before me, 01 NotaPubl C Commission Expir s: /2j /yp� 4 ["RECEIVED 11/03 15:04 1993 AT 5007956909 PAGE 6 (PRINTED PAGE 6) 1 5087415034 21 FRONT ST. RSSOC. 629 P06 NOV 03 193 16:13 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. OCCie(Mtvv L, 1993 Then Lisa niXesoeand nacknowleappearedally dgedthe eforegoing minstrumentltosbeatheir free act and deed, before no, Xt Commission Expirj is •�� iPyJ 5