R2018-54 Authorizing the Execution of Temporary Construction Easement Agreement between the City of Decatur and Carol Klepzig

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automatically terminate on the earliest to occur of(a)one(1)year following the Effective Date or(b)date the Project is complete (the "Term"). Notwithstanding the foregoing, Grantee shall have a reasonable amount of time, not to exceed ten (10) days, after the expiration of the Term to remove any of Grantee's equipment, materials, or other items of personal property from the Easement Area and to restore the Easement Area as required by Section 3 below. 2. REPRESENTATIONS AND WARRANTIES. 2.1 By Grantee. Grantee represents and warrants that (i) the person executing this Agreement on behalf of Grantee is duly authorized to do so, Grantee has full right and authority to enter into and perform under this Agreement;(ii) upon full execution,this Agreement will constitute the valid and legally binding obligation of Grantee and be enforceable against Grantee in accordance with its terms; (iii) upon execution of this Easement by Grantor, Grantor shall be paid One Thousand Five Hundred Dollars($1,500.00) as consideration for this Easement; and (iv) that Grantee shall install a two-inch service line to Grantor's property and shall grant to Grantor one time waiver of the water tap fee. 2.2 By Grantor. Grantor represents and warrants that (i) Grantor is the owner in fee simple of the Easement Area; (ii)Grantor has full right and authority to enter into this Agreement and to grant the Temporary Easement; (iii) neither the execution of this Agreement by Grantor nor the grant of the Temporary Easement will conflict with or result in a breach of any note or other evidence of indebtedness,any contract, mortgage, lease or other agreement or instrument by which either Grantor or the Easement Area is bound; and (iv) 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. 3. MANNER OF PERFORMANCE; RESTORATION OF EASEMENT AREA. Grantee's rights hereunder shall be exercised (i) in a good and workmanlike manner; and (ii) in compliance with all applicable laws, regulations and codes. Upon expiration of the Term, Grantee shall repair any damage to the Easement Area or Grantor Property caused by Grantee or its employees, agents, contractors, invitees, or licensees, and shall otherwise restore the Easement Area to the condition in which it existed on the Effective Date. Further, Grantee shall install a two-inch service line to Grantor's property line and shall receive a one-time water tap fee waiver. 4. MISCELLANEOUS. This Agreement embodies the entire understanding of the Parties with respect to the Temporary Easement and may be modified only by an instrument in recordable form,executed by the parties hereto. If either Party commences any legal action against the other Party in relation to this Agreement, the prevailing Party therein shall be entitled to recover from the other, in addition to any other relief granted, its reasonable attorney's fees, costs and expenses incidental thereto. This Agreement may be executed in counterparts which, when taken together, shall constitute one and the same instrument. The provisions of this Agreement will be binding on the Parties and their respective successors, assigns and mortgagees to the extent herein provided. List of Exhibits: Exhibit A: General Depiction of Easement Area Exhibit B: Legal Description of Easement Area [EXECUTION PAGE(S)AND EXHIBITS TO FOLLOW] (00186666.DOCX;1) 2