2018-55 Amended Ordinance Authorizing a Lift Station Easement and Access Agreement Between the City of Decatur and Clifford Mason

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Grantee's exercise af its rights hereunder. Except as expressly provided in this Agreement,Grantee shall nat build, construct, or install {ar permit to be bui(t, canstructed, or installed} any permanen# irnpravements, I structures,fences,foliage or vegetation,or ather improvements of any nature or description on,upon, under, aver or across the Easement Tract. 4. EXEMPTtON FRC}M TAP-IN FEES. tJpon payment of customary monthly usage fees, Grantar sha11 be entitled to utilize the Lift Station.Grantor shall not be required ta pay any advance or initial impact,connection, ' tap-in fees or the like rela#ed to connection to the l.ift Station, i#being understood that any and all such fees, I charges,or special assessments will be and are hereby waived by Grantee as partial consideration for Grantor's granting o#the Lift Station Easement. 5. IVOTICES. Any and all notices to which the parties shaf! be entitled hereunder or under any law, statute,rule,regulation,arder,ardinance or policy af any governmental agency or entity having jurisdiction af 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 envelape or other appropriate mail container, addressed to the addresses shown above, bearing the adequate amount of postage to result in delivery of same ta the address shown thereon,and sent by certified mail,return receipt requested,to the party to wham such natice is given. In the alternative, either party may give such notice by United Parcel Service (UPS), Federal Express ar other similar national expedi#ed mail service guaranteeing not later than twa (2) day delivery af any such letter or notice to the addresses provided for above. Grantar 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. Grantar 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 af rights granted to Grantee hereunder{and Grantor wil!not allow the imposition of any such (iens 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; (ivj neither the execution of this Agreement by Grantor nor the grant af any such easements will conflict with ar result in a breach of any contract, mortgage, lease or other agreement or instrument by which Grantor ar Grantor's adjacent property is baund;{v}upon full executian,this Agreement will constitute the valid and legal(y binding abligation of Grantar and be enforceable against Grantor in accordance with its terms. 7. VACATION OF PREVIOtJSLY RECORDED LIFT STATION EASEMENT. The parties to this Agreement previausly entered into an easement agreement which was recorded with the Macon Caunty Recarder of Deeds in Book 4623 on Page 703 on the 29xh day of May, 201$. That easement is hereby vacated and this Easement repfaces the previausly recorded Easement. 8. MISCELCANEQUS. This Agreement embodies the entire understanding of the parties with respect#o 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 ta 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 caunterparts which, when taken together, sha}I be deemed one instrument. List of Exhibits: Exhibit A: Easement Plat Exhibit B: Legal Description af Easement Area [EXECUTION PAGES TO FOLLOW] 2