Fill and Sign the Party Wall Agreement Template Form

Recording Requested By:                   And, when recorded, mail this deed and tax statements to: Name:       City & State:       Zip Code:       Telephone:       PARTY WALL AGREEMENT THE STATE OF CALIFORNIA COUNTY OF       WHEREAS, Owner       of       (Street Address)       , referred to herein as (City, State, Zip Code) Owner A, is the owner of real property on which a garage is located, said real property being described herein as Exhibit A, and made a part of this Agreement by reference thereto; and WHEREAS, Owner       of       (Street Address)       , referred to herein as (City, State, Zip Code) Owner B, is the owner of real property on which a garage is located, said real property being described herein as Exhibit B, and made a part of this Agreement by reference thereto; and WHEREAS , both of the above described units constitute one building structure separated by a Party Wall as defined herein; and WHEREAS , in order to maintain a high quality garage while insuring a consistent, harmonious character to such properties and the preservation of their suitability to each Owner of his unit, it is deemed desirable to place certain restraints on the hereinabove described properties. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS : That the above referenced Parties do hereby adopt and prescribe the following covenants and restrictions which Party Wall Agreement Page 1 of 4 should be and are hereby impressed upon and henceforth will run with the land, to wit: 1. Party Wall shall mean and refer to the dividing wall between each adjoining garage unit. Any matters concerning a Party Wall which are not covered by the terms of this Agreement shall be governed by the general rules of law regarding party walls. 2. The cost of maintaining each Party Wall shall be borne equally by the Owners of the lots on either side of said Party Wall. 3. In the event of damage or destruction to any Party Wall, shared monolithic slab, or shared roof if the roofline is joined ("Common Structure" herein) from any cause, other than the negligence of either party hereto, the Owners of the lots on either side of said Common Structure shall repair or rebuild said Common Structure. The cost of such repair or rebuilding shall be borne equally by the Owners whose lots adjoin said Common Structure. Each such Owner shall have the right to the full use of said Common Structure so repaired or rebuilt. If either Owner's negligence shall cause damage to or destruction of said Common Structure, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his share, or all of such costs in case of negligence, the other party may have such Common Structure repaired or restored and shall be entitled to have a mechanic's lien on the lot and garage of the party so failing to pay, for the amount of such defaulting party's share of the repair or replacement costs together with interest at the maximum rate allowable. The party having such Common Structure repaired shall, in addition to the mechanic's lien, be entitled to recover attorney's fees and shall be entitled to all other remedies provided herein or by law. The mechanic's lien granted herein is effective only if filed in the Real Property Records of the County where the Property is located, by affidavit declaring under oath the claim of the mechanic's lien. 4. Neither Owner shall alter or change a Common Structure in any manner, non-structural interior decoration excepted, and such Common Structures shall remain in the same location as when originally erected. Each adjoining Owner to said Common Structure shall have a perpetual easement in that part of the premises of the other on which said Common Structure is located, for the purposes of such Common Structure and any other additional area necessary to repair, replace, and maintain same. 5. Each Owner shall keep all exterior walls of his dwelling unit in good condition and repair at his sole cost and expense. No Owner shall do or permit to be done any act or thing that would tend to depreciate the value of the building (i.e. variance in design, colors, roofing etc.) 6. Each Owner shall maintain the roof over his dwelling unit in good condition and in such manner so as not to damage other portion of the building. Each Owner shall share equally in the costs to repair or maintain the roof over the Party Wall or Party Fence due to normal wear or Party Wall Agreement Page 2 of 4 physical damage. If a roofline is joined and both roofs must be replaced, replacement will be coordinated between the Owners. 7. An owner who, by his negligence, disinterest or willful act causes a Party Wall or roof to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements and shall pay all damages resulting from such exposure. The cost of normal and timely weatherproofing and maintenance of the roof shall be in accordance with Paragraph 6. 8. If any monolithic slab repairs are required, the entire monolithic foundation must be involved in the repair process. Owners of both properties must cooperate regarding repairs to the slab. Each party shall share equally in any necessary repair. 9. In the event it shall be necessary for any owner to place this Agreement in the hands of an attorney for the enforcement of any of such owner's rights hereunder or for the recovery of any monies due to such owner hereunder, and if it is necessary to bring suit for the enforcement of such rights or such recovery, the prevailing party in such suit shall recover from the losing party all costs of court and reasonable attorney's fees, as determined by the court, in addition to any other relief or recovery awarded by the Court. 10. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded. 11. Enforcement of these covenants shall be by proceeding at law or in equity against any person or persons violating or attempting to violate the same seeking either to restrain violation or to recover damages or both. 12. Invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions which remain in full force and effect. WITNESS our signatures as of the       day of       , 20       . (Signature of Owner A) (Signature of Owner B)             (Print or Type Name) (Print or Type Name) Party Wall Agreement Page 3 of 4 A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CA. Civil Code § 1189. State of California , County of       ss. On       , 20       before me,       (here insert name and title of the officer), personally appeared             , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California , County of       ss. On       , 20       before me,       (here insert name and title of the officer), personally appeared             , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Party Wall Agreement Page 4 of 4 EXHIBIT A       Party Wall Agreement E xhibit A EXHIBIT B       Party Wall Agreement E xhibit B