Sugar Mill RV Park

Sugar Mill RV Park

Well & Water Agreement between Groover and SME

WATER AGREEMENT

STATE OF GEORGIA,

COUNTY OF THOMAS:

            WHEREAS, SUGAR MILL ENTERPRISES, LLC, hereinafter referred to as “First Party” is the owner of the following described property, to-wit:

SEE Exhibit “A”

            WHEREAS, RECREATION OCHLOCKNEE, LLC and G-OCH, LLC, hereinafter referred to as “Second Party” is the owner of the following described property, to-wit:

SEE Exhibit “b”

            WHEREAS, First Party has a certain deep well and water system extending on the lands described above which are currently being used to provide water to the residence of James M. Groover currently owned by Second Party, and

            WHEREAS, it is to the mutual benefit and interest of the parties that they define the responsibilities and obligations regarding the use of said deep well and water system;

NOW THEREFORE, for and in consideration of TEN DOLLARS & OTHER VALUABLE CONSIDERATION, First Party does hereby grant and convey to Second Party and easement for purposes of ingress and egress over and across lands of First Party to be ten feet on each side of a line located directly above the water line leading from the well located on lands of First Party to the property line dividing lands of First Party and Second Party for the sole purpose of making reasonable inspections, turning on or off the water supply for property purposes, engage in repair, maintenance  and replacement of said water line system as same may be necessary to provide water to Second Party.

FURTHER, the parties agree as follows:

1.                  This agreement shall be for the natural life of James M. Groover or for so long as he resides in said residence.  Upon the death of James M. Groover or in the event he should cease to reside on said premises for a continuous period of three (3) months, then upon happening of either event, this agreement shall terminate.

2.                  First Party shall be responsible for all expenses incurred in the maintenance of the well and pump therein and such fittings, pipes and fixtures as may be necessary in the operation of the system.  Second Party shall be wholly responsible for all repairs or replacement of fittings, pipes and fixtures that are necessary from the point at which the pipe providing water to that party shall exit the water system to the property of Second Party.

3.                  This agreement shall be valid and binding on all parties hereto, their heirs, legal representatives and/or assigns.  Prior to the events described in Paragraph No. 1, this agreement shall not be terminated except upon the mutual consent of the parties, their heirs, successors or assigns, which termination shall be in writing.

4.                  Should James M. Groover or  Second Party, its successors or assigns secure their own well on the property being owned by them, then this agreement shall thereafter be void and of no further force and effect.

5.                  First Party does not guarantee an uninterrupted, continuous, perpetual flow of water but does agree to exercise all ordinary care to keep and maintain water service from the existing well of sufficient quantity and pressure for residential purposes to the residence of James M. Groover.

6.                  This agreement is intended to provide water only to the residence of James M. Groover for normal household use, and specifically excludes any other home or structure located on property of Second Party.  First Party hereby warrants that they are the lawful owners of the property on which the deep well is located and that such property is free and clear of all liens and encumbrances and that they will defend the title to said property on which the well is located against the rights and claims of all persons whosoever.