Table of Contents
The Shared Well Agreement form serves as a critical document for property owners who rely on a communal well system to meet their water needs. This agreement outlines the responsibilities and rights of two parties—the supplying party, who owns the well, and the supplied party, who benefits from the water provided. It specifies the properties involved, known as Parcel 1 and Parcel 2, and details the necessary legal descriptions of these parcels. The form emphasizes the importance of maintaining a reliable water supply for domestic use, ensuring that both parties share the costs associated with the well and its distribution system. Key provisions include stipulations regarding annual fees, maintenance responsibilities, and the allocation of expenses for repairs. Furthermore, the agreement addresses potential emergencies, easements for access, and the conditions under which the agreement may be terminated. By establishing clear guidelines for cooperation and mutual benefit, the Shared Well Agreement seeks to foster a harmonious relationship between neighbors while safeguarding their access to essential water resources.
Document Specifics
| Fact Name | Fact Description |
|---|---|
| Parties Involved | The agreement involves a "supplying party" and a "supplied party," each owning different parcels of land. |
| Purpose | This agreement allows for the sharing of a well and water distribution system between the parties for domestic use. |
| Annual Fee | The supplied party must pay an annual fee for the use of the well, due by January 15 each year. |
| Maintenance Costs | Both parties share the costs of maintenance and operation of the water system equally. |
| Easements | Each party grants easements necessary for well construction and maintenance, ensuring access to the water system. |
| Emergency Access | In emergencies, parties can access each other's parcels to address system failures without prior consent. |
| Termination of Agreement | The agreement can be terminated by filing a written statement with the county office, ending water use rights. |
| Contamination Clause | If the well becomes contaminated or inadequate, the agreement's rights and obligations cease. |
| Arbitration Requirement | Disputes under the agreement must be resolved through binding arbitration, following American Arbitration Association rules. |
| Governing Law | The agreement is governed by the laws of the state where the properties are located, which may vary by state. |
Similar forms
- Water Supply Agreement: Similar to the Shared Well Agreement, this document outlines the terms under which water is supplied to a property. It details the rights and responsibilities of both the supplier and the recipient, ensuring clarity about usage and costs.
- Joint Use Agreement: This agreement allows multiple parties to share a resource, such as a well. It specifies how the resource will be used and maintained, similar to the shared responsibilities outlined in the Shared Well Agreement.
- Easement Agreement: Like the Shared Well Agreement, this document grants rights to use a portion of someone else's property for a specific purpose, such as accessing a well. It ensures that all parties understand their rights to use the easement.
- Maintenance Agreement: This document sets forth the obligations of parties to maintain shared facilities. It is similar to the maintenance responsibilities outlined in the Shared Well Agreement, ensuring that all parties contribute to upkeep.
- Lease Agreement: A lease agreement can include terms for shared resources. Like the Shared Well Agreement, it defines how shared facilities are used and the responsibilities of each party regarding costs and maintenance.
Vehicle Transfer Agreement: Essential for the sale or transfer of vehicles, especially those that are 1972 or older or non-titled. It ensures the proper documentation of the transaction and legally transfers ownership. For more details, refer to nytemplates.com/blank-new-york-mv51-template/.
- Homeowners Association (HOA) Agreement: This agreement governs shared resources and responsibilities within a community. It is similar to the Shared Well Agreement in that it outlines how members share costs and maintain common facilities.
Shared Well Agreement Example
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
__________________________________________________________ (street address, city,
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
__________________________________________________________ (street address, city,
county, state, zip code), which property is hereafter referred to as “Parcel 2” and is more fully described as follows:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Put Legal Description of Property Here)
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
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)
Understanding Shared Well Agreement
What is a Shared Well Agreement?
A Shared Well Agreement is a legal document that outlines the rights and responsibilities of two or more property owners who share a well and its water distribution system. This agreement ensures that all parties have access to water for domestic use while also detailing how costs and maintenance responsibilities will be shared. By having this agreement in place, property owners can avoid potential disputes and ensure a reliable water supply for their households.
Why is it important to have a Shared Well Agreement?
Having a Shared Well Agreement is crucial for several reasons. First, it clearly defines the terms of water usage, including limitations on use, such as prohibiting filling swimming pools. Second, it establishes how costs for maintenance and operation will be shared, which helps prevent misunderstandings and financial disputes between parties. Lastly, it provides a framework for resolving any issues that may arise, ensuring that all parties are aware of their rights and obligations concerning the shared water supply.
What happens if one party fails to pay their share of the costs?
If one party fails to pay their share of the costs associated with the well and water distribution system, the supplying party has the right to suspend water service until the outstanding payments are made. This provision emphasizes the importance of timely payments and encourages all parties to fulfill their financial obligations. Open communication between parties can often resolve payment issues before they escalate.
Can the Shared Well Agreement be terminated?
Yes, the Shared Well Agreement can be terminated under certain conditions. If the well becomes contaminated or no longer provides adequate water, or if another water source becomes available, the rights and obligations of the parties may cease. Additionally, any party wishing to terminate their participation must file a written statement of termination with the appropriate county office. Upon termination, the affected party must disconnect their water supply from the well system and will no longer be responsible for maintenance costs.
What should be included in a Shared Well Agreement?
A comprehensive Shared Well Agreement should include several key components. It should specify the legal descriptions of the properties involved, the rights to draw water, the responsibilities for maintenance and repair costs, and the procedures for addressing emergencies. Additionally, it should outline the process for terminating the agreement and resolving disputes, typically through arbitration. Clear and detailed terms help ensure that all parties understand their rights and obligations, fostering a harmonious relationship among neighbors.
Dos and Don'ts
When filling out the Shared Well Agreement form, it is essential to follow certain guidelines to ensure clarity and compliance. Here are five important dos and don'ts:
- Do provide accurate and complete information for both parties, including full names and addresses.
- Don't leave any sections blank; every part of the form needs to be filled out to avoid confusion later.
- Do clearly describe the properties involved, including legal descriptions as required.
- Don't use vague language; be specific about the terms of the agreement and any obligations.
- Do ensure all parties review the agreement thoroughly before signing to confirm understanding and agreement.
Check out Common Templates
Physical Exam Form for Healthcare Workers - Records of specialized exams can guide follow-up care for specific health concerns.
By using the Arizona Power of Attorney form, individuals can effectively ensure their legal and financial affairs are handled according to their wishes. It is important to choose a trustworthy agent, as this document empowers them to make decisions on behalf of the principal. For those looking to obtain the necessary paperwork conveniently, resources like Arizona PDF Forms can be invaluable in facilitating this process.
Direct Deposit Form Example Filled Out - Verify the details with your financial institution before submission.
Citibank Direct Deposit - Provide your account details securely to initiate direct deposit through the Citibank form.