2018-22 Authorizing a Lift Station Easement and Access Agreement between the City of Decatur and Clifford Mason

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l build, construct, or install (or permit to be built, constructed, or installed) any permanent improvements, structures,fences,foliage or vegetation,or other improvements of any nature or description on, upon, under, over or across the Easement Tract. 4. EXEMPTION FROM TAP-IN FEES. Upon payment of customary monthly usage fees, Grantor shall be entitled to utilize the Lift Station.Grantor shall not be required to pay any advance or initial impact,connection, tap-in fees or the like related to connection to the Lift Station, it being understood that any and all such fees, charges,or special assessments will be and are hereby waived by Grantee as partial consideration for Grantor's granting of the Lift Station Easement. S. NOTICES. Any and all notices to which the parties shall be entitled hereunder or under any law, statute, rule, regulation,order,ordinance or policy of any governmental agency or entity having jurisdiction of the subject matter for which this Agreement is granted, shall be deemed delivered when the same has been placed in the U.S. Mail in a properly stamped envelope or other appropriate mail container, addressed to the addresses shown above, bearing the adequate amount of postage to result in delivery of same to the address shown thereon,and sent by certified mail,return receipt requested,to the party to whom such notice is given. In the alternative, either party may give such notice by United Parcel Service (UPS), Federal Express or other similar national expedited mail service guaranteeing not later than two (2) day delivery of any such letter or notice to the addresses provided for above. Grantor and Grantee may designate persons and addresses for all notices and information. Such persons or addresses may be changed by the respective party by delivering written notice of such change to the other party. 6. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor hereby represents and warrants to Grantee that(i)Grantor is the owner in fee simple of the Easement Area;(ii)there are no liens,encumbrances or third party rights affecting the Easement Area which are materially inconsistent with or which could materially inhibit or impair the exercise of rights granted to Grantee hereunder(and Grantor will not allow the imposition of any such liens or encumbrances or grant any such rights to third parties); (iii) Grantor has full right and authority to enter into this Agreement and to grant the Lift Station Easement; (iv) neither the execution of this Agreement by Grantor nor the grant of any such easements will conflict with or result in a breach of any contract, mortgage, lease or other agreement or instrument by which Grantor or Grantor's adjacent property is bound;(v)upon full execution,this Agreement will constitute the valid and legally binding obligation of Grantor and be enforceable against Grantor in accordance with its terms. 7. MISCELLANEOUS. This Agreement embodies the entire understanding of the parties with respect to the Lift Station Easement, which shall be deemed a covenant running with the land for all purposes. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns and may be amended or modified only by an instrument in recordable form, executed by both parties. This Agreement may be executed in counterparts which, when taken together, shall be deemed one instrument. List of Exhibits: Exhibit A: General Depiction of Easement Area Exhibit B: Legal Description of Easement Area [EXECUTION PAGES TO FOLLOW] {00183282.DOCX;3) 2