Fill and Sign the Driveway Agreement Form

Driveway License Agreement Agreement made on the ___ day of _________________, 20___, between _______________________________ (Licensor) of __________________________________ _____________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Licensor, and ______________________________ ___________________ (Licensee) of ______________________________________________ _____________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Licensee. Whereas, Licensor is the owner of certain land situated in _________________________ __________________________________________________ (name of county and state), more particularly described in Exhibit A attached to and made a part of this Agreement (Parcel A); and Whereas, Licensee is the owner of certain land situated in _________________________ __________________________________________________ (name of county and state), more particularly described in Exhibit B attached to and made a part of this Agreement (Parcel B); and Whereas, the north side of Parcel A is a parking lot with a driveway running through it to a curb cut at _______________________________________ (name of street), the driveway, the driveway being graphically depicted on Exhibit C attached to this Agreement; and Whereas, Licensee has requested Licensor to provide to Licensee a nonexclusive license for use of the driveway. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. License Licensor hereby grants to Licensee personally, subject to the terms and conditions set forth below, a nonexclusive license for the customers and employees of Licensee to drive motor vehicles on the driveway and, for this purpose, to allow the driveway on the side of the Parcel B to adjoin the driveway and to allow Licensee to pave and landscape (to Licensor's satisfaction) that portion of Parcel A lying between the existing driveway and Parcel B’s driveway. II. Term The term of this License will commence on its being signed by both parties and will continue until unilaterally terminated by Licensor. III. No Assignment by Licensee This Agreement is personal to the Licensee named here. This Agreement and the rights created under it will automatically and immediately cease and terminate on the sale, conveyance, transfer or other disposition of Parcel B or on the death of Licensee, whichever first occurs. Licensee has no right to assign or sublicense this License in any way. Any assignment or sublicense of this License by Licensee will automatically terminate this Agreement. Licensor may assign and delegate its rights and duties under this Agreement at any time and from time to time. IV. Termination Licensor may terminate this Agreement and the rights under it at any time without notice, without cause and without the permission or consent of Licensee. V. Drainage As a condition of this License, Licensee must resolve to Licensor's satisfaction any problems on Parcel A with drainage of surface water, ground water or underground water that are caused or affected by development or use of Parcel B. VI. Restoration On termination of this License, for whatever reason and even if for no reason, Licensee must, at Licensee's sole expense, restore Parcel A to its condition existing at the date of this License, must remove the paving that links the driveway on the Parcel B to the driveway on the Parcel A, and must do the work in a good and workmanlike manner to Licensor's satisfaction. Licensee understands that Licensor has the right to terminate this License at any time without cause, without notice and without Licensee's consent or permission and that, on termination; Licensee must restore Parcel A in a manner and to a condition so that Licensor is completely satisfied. VII. Expenses All expenses arising out of this License must be paid by Licensee, including, but not limited to, paving and landscaping expenses. VIII. No Parking, Standing, Loitering This Agreement gives none of the following rights, and Licensee covenants to prevent any of the following from taking place by Licensee, Licensee's parcel, or Licensee's employees, agents, suppliers, invitees, customers or guests: A. Use of the driveway by delivery trucks and other service vehicles; use of the parking lot or parking spaces along the driveway or any other portion of the Parcel A; B. Parking, standing, or allowing a motor vehicle to be stationary on the driveway or any other portion of the Parcel A; C. Use of the driveway or any part of the Parcel A so as to allow vehicles to become congested thereon while waiting for valet service or parking; D. Use of the driveway or any other part of the Parcel A by pedestrian; E. Allowing an event to occur or a condition to exist which is detrimental to business operated on the Parcel A ; F. Allowing any nuisance; loitering on any part of the Parcel A; G. Causing drainage problems on the Parcel A. None of the above shall prevent customers of Licensee from going on the Parcel A for the purpose of doing business with the business operated on the Parcel A . In consideration of Licensor providing Licensee this License, Licensee agrees that this covenant will survive termination of this License. IX. Licensor’s Use of License Licensor retains, reserves, and will continue to enjoy the right to use the driveway for any and all purposes. Licensor will have the right, but not the duty, at all times to restrict use of the driveway and to prevent the driveway from becoming congested with traffic. X. Indemnification Licensee agrees to indemnify, defend and hold Licensor harmless from and against any and all claims, demands, attorneys' fees, damages, and expenses incurred by Licensor or its tenant or its tenant's employees, agents, officers or directors arising out of any injury or damage to any person or property caused by use of the driveway or the use by the Licensee or its agents of this License. XI. License not to be Recorded This Agreement will not be recorded in the public records nor will any notice of this Agreement be recorded. XII. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XIII. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________. XIV. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, 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. XV. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XVI. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XVII. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. _____________________________________ ____________________________________ LICENSOR LICENSEE