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HomeMy WebLinkAboutREVOCABLE LICENSE AGREEMENT BETWEEN STATE PROPERTIES COMMISSION} After recording, return to Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706) 312 4143 STATE OF GEORGIA, COUNTY OF FULTON: No. of 2 Executed Original Counterparts COUNTERPART OF 1 ;CeoBec SPC No. 605.07 REVOCABLE LICENSE AGREEMENT l 1 Q REAL 'PROPER RECORDS This REVOCABLE LICENSE AGREEMENT, hereinafter re to as "Agreement ", is made this 9 day of ,Uo u ew' ber , 2009, date of this Agreement, by and between the STATE PROPERTIES COMMISSION, a public body within the Executive Branch of the State government of Georgia, whose address for purposes of this Agreement is 47 Trinity Avenue, Suite G02, Atlanta, Georgia 30334, ATTENTION: Executive Director, Party of the First Part, hereinafter referred to as "Licensor ", and the CITY OF AUGUSTA, whose address for purposes of this Agreement is 530 Greene Street, Suite 809, Augusta, Georgia 30901, Party of the Second Part, hereinafter referred to as "Licensee ". WITNESSETH THAT: Book 01239:0381 Augusta - Richmond County 2009044813 11/1 8/2009 14:18:34.00 $0.00 AGREEMENT INA iii iiiii i 11111 iiiii NW ]iiii 1111 111111101 iiiii iiiii 1111 iiii 2009044813 Augusta - Richmond County 1. USAGE, ABBREVIATIONS AND DEFINITIONS REC STATE PROPER NOV 1 DED S COMMISSION 1.1 As used in this Agreement, the following words, terms, and abbreviations set forth in this section numbered 1 refer to, or mean, or include in their meaning, the following: 1.1.1 The word "Licensor" means the State Properties Commission and includes in its meaning the words "its members, officers and employees ". 1.1.2 The word "Licensee" includes in its meaning the words "its officers, employees, representatives and agents ". 1.1.3 The words "revocable license" shall mean "the granting, subject to certain terms and conditions contained in a written Revocable License Agreement, to a named person or persons (Licensee), and to that person or persons only, of a revocable personal privilege to use a certain described parcel or tract of property to be known as the Licensed Premises for a named purpose. Regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Ticensee_ a revocable license shall not confer upon the Licensee any right, title, 1.2 All words used in this Agreement include in their meaning the masculine, feminine, and neuter gender; singular and plural number; and present, past and future tense; and all appropriate grammatical adjustments shall be assumed as though in each case fully expressed. 1.3 For convenience, when referring herein to either Licensor or Licensee, the third person, neuter gender "it" is used. 2. LICENSED PREMISES Book 01239:0382 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 Licensor, for and in consideration of the payment by Licensee to Licensor of the sum of $1.00 (the receipt and sufficiency of which are hereby acknowledged as Licensor has determined that the revocable license herein directly benefits the State and that the consideration set forth herein is thereby deemed adequate), hereby grants to Licensee, and Licensee hereby accepts from Licensor, a revocable license to the extent the State's title permits and subject to the terms, conditions, and provisions of this Agreement and OCGA § 50- 16 -42, over the following described real property, hereinafter referred to as the "Licensed Premises ": That tract, parcel or portion of State owned real property situate, lying and being in the 85th Georgia Militia District of Richmond County, Georgia as shown in yellow highlighting on the Plat of Survey marked Exhibit "A ", attached hereto and incorporated by reference herein. The Licensed Premises is presently under the custody of the Georgia Department of Juvenile Justice. 3. USE OF LICENSED PREMISES At its sole cost, expense, risk and responsibility, Licensee shall use the Licensed Premises only for the purpose, and for no other purpose whatsoever, of constructing, operating and maintaining a sewer line. 4. DURATION 4.1 Licensee may use the Licensed Premises during the period beginning on the date hereof and ending at 12:00 midnight on the third anniversary of the date hereof, for so long as Licensee uses the Licensed Premises for the purposes permitted in Section 3 above and unless previously revoked pursuant to Section 5 below. If not previously revoked or terminated, this Revocable License shall stand revoked, without the necessity of Licensor giving any notice to Licensee, at 12:00 midnight on the third anniversary of the date hereof. 4.2 Licensee shall seek passage of a Resolution Act by the 2010 Regular Session of the General Assembly authorizing the granting by the State, acting by and through the Book 01239:0383 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 Licensor, of a permanent nonexclusive easement for the permitted purposes and on similar terms, conditions and provisions. 5. REVOCATION 5.1 This Agreement merely grants to Licensee a revocable license as set forth in Subsection 1.1.3 above. Licensee, by its acceptance and execution of this Agreement, hereby acknowledges and agrees that this Revocable License Agreement does not confer upon Licensee any right, title, interest, or estate in the Licensed Premises, nor confer upon the Licensee a license coupled with an interest nor confer upon Licensee an easement in the Licensed Premises. It is expressly understood and agreed by Licensee that this Agreement confers upon Licensee, and only Licensee, a mere personal privilege, and that regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by Licensee, this Agreement and the privileges hereby conferred shall be subject to absolute revocation by Licensor, with or without cause, upon notice to Licensee as set forth in Section 9 below. 5.2 Following revocation, this Agreement and the revocable license contained herein shall become null and void, and Licensee shall have no right whatsoever to be or remain on the Licensed Premises or to receive a refund of any consideration or any other monetary payment. Licensee covenants and agrees, at its sole cost and expense and within sixty (60) days after notice of revocation to remove its facilities from the Licensed Premises and to restore the Licensed Premises to as good or better condition as when received hereunder. Any property of Licensee remaining on the Licensed Premises at the end of said sixty (60) days shall be deemed abandoned by Licensee and shall belong to and be the absolute and sole property of the State without further notice, action taken, instrument or conveyance executed or delivered, and without liability to make compensation therefore to Licensee or to any other person whomsoever, and shall be free and discharged from any and every lien, encumbrance, claim and charge of any character created, or attempted to be created, by Licensee at any time. 6. DAMAGE TO LICENSED PREMISES AND STATE PROPERTY Licensee hereby agrees that if any property of the State is damaged as a result of the exercise by Licensee of the revocable license herein granted, then, at the election of Licensor, Licensee either shall repair or restore the property or the Licensed Premises, or both, as the case may be, or shall pay the costs thereof, as determined by Licensor. Licensee shall pay the cost of such repair or restoration or commence in good faith the repair or restoration within thirty (30) days after notice by Licensor with all repairs or restoration to be completed by Licensee within ninety (90) days thereafter. Revocation of this Agreement shall not relieve Licensee of its obligation to pay for the cost of repair or restoration of the damaged property. If notice to repair, restore, or pay costs is served subsequent to a notice of revocation previously served by Licensor, Licensee shall have only until the expiration of sixty (60) days after notice of revocation in which to effect such repair or restoration or to pay the cost thereof. This general provision is cumulative of all other remedies Licensor may have, including specific provisions Book 01239:0384 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 hereof. 7. SUBJECT TO APPROVAL BY ANY APPROPRIATE STATE REGULATORY AGENCY, SUBJECT TO PRIOR GRANTS, AND CONDITION OF LICENSED PREMISES Licensee accepts this grant of revocable license subject to approval by any appropriate State regulatory agency that the Licensee's proposed uses of the Licensed Premises meets all applicable safety and regulatory standards and requirements. Further, Licensee accepts this grant of revocable license subject to all ownership, prior permits, licenses, landlord and tenant relationships, easements, leases, and other rights or interests affecting the Licensed Premises whether the same be of record or not, and the revocable license granted herein by Licensor to Licensee must be exercised by Licensee so as to avoid interference with any of the said prior permits, licenses, landlord and tenant relationships, easements, leases, or other interests. Licensee acknowledges that it has fully inspected the Licensed Premises and accepts the same "as is ". Licensor shall have no responsibility at any time to Licensee for the condition of the Licensed Premises and shall have no duty to the Licensee or to its licensees, invitees or trespassers concerning Licensee's use of the Licensed Premises or their entry on the Licensed Premises. Licensor makes no covenant of quiet enjoyment of the Licensed Premises whatsoever. 8. ASSIGNMENT OR TRANSFER 9. NOTICES This Revocable License Agreement and the rights herein granted may not be conveyed, assigned, transferred, managed or operated by any other entity without the express written consent of the State Properties Commission, which consent shall be given or not in the sole discretion of the State Properties Commission. Without limitation, any transfer or use of the property which may be characterized as a private activity by the Internal Revenue Service and thereby adversely affect the tax- exempt status of any public bond investment in the property is strictly prohibited. Any such use, conveyance, assignment, transfer, management or operation made without the consent of the State Properties Commission shall be void ab initio. All notices required by the provisions of this Agreement to be secured from or given by either of the parties hereto to the other shall be in writing and shall be delivered either: (a) by hand delivery to the recipient party at such party's address; or (b) sent by United States Certified Mail - Return Receipt Requested, postage prepaid, and addressed to the recipient party at such party's address. The day upon which such notice is hand delivered or so mailed shall be deemed the date of service of such notice. The parties hereto agree that, even though notices shall be addressed to the attention of a particular person, title, or entity as forth in this Agreement, it shall be a valid and perfected delivery of notice even though the said named person or the person holding said title or named entity is not the person, title or entity who accepts or receives delivery of the said notice, but is the lawful successor person, title or entity of the named person, title or entity. Any notice, hand delivered or so mailed, the text of which is reasonably calculated to apprise the recipient party of the substance thereof and the circumstances involved, shall be 3ook 01239:0385 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 deemed sufficient notice under this Agreement. Either party hereto may from time to time, by notice to the other, designate a different person or title, or both if applicable, or address to which notices to said party shall be given. 10. GENERAL PROVISIONS OF THIS AGREEMENT 10.1 The brief capitalized and underlined headings or titles preceding each section herein are merely for purposes of section identification, convenience and ease of reference, and shall be completely disregarded in the construction of this Agreement. 10.2 All time limits stated herein are of the essence of this Agreement. 10.3 For the purpose of inspecting the Licensed Premises, Licensee shall permit Licensor, without giving prior notice, to enter on the Licensed Premises during either Licensor's regular business hours or Licensee's regular business hours. 10.4 No failure of either party hereto to exercise any right or power given to said party under this Agreement, or to insist upon strict compliance by the other party hereto with the provisions of this Agreement, and no custom or practice of either party hereto at variance with the terms and conditions of this Agreement, shall constitute a waiver of either party's right to demand exact and strict compliance by the other party hereto with the terms and conditions of this Agreement. 10.5 This Agreement shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia. 10.6 Nothing contained in this Agreement shall make, or be construed to make, Licensor and Licensee partners in, of, or joint venturers with each other, nor shall anything contained in this Agreement render, or be construed to render, either Licensor or Licensee liable to a third party for the debts or obligations of the other. 10.7 If any provision of this Agreement, or any portion thereof, should be ruled void, invalid, unenforceable or contrary to public policy by any court of competent jurisdiction, then any remaining portion of such provision and all other provisions of this Agreement shall survive and be applied, and any invalid or unenforceable portion shall be construed or reformed to preserve as much of the original words, terms, purpose and intent as shall be permitted by law. 10.8 Should any provision of this Agreement require judicial interpretation, it is agreed and stipulated by and between the parties hereto that the court interpreting or construing the same shall not apply a presumption that the terms, conditions and provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who prepared the same. 10.9 This Agreement is executed in two (2) counterparts which are separately numbered and identified (No. 1 is for Licensor and No. 2 is for Licensee) but each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. Book 01239:0386 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 10.10 In the enjoyment of the revocable license herein granted by Licensor to Licensee and of the rights and privileges incident thereto, Licensee shall at all times comply with all applicable laws of Georgia and of the United States, all applicable rules and regulations promulgated pursuant to any and all such laws, all applicable recommended standards, and all applicable local ordinances, including, but not limited to, codes, ordinances and recommended standards now or hereafter promulgated, and all applicable local rules and regulations and recommended standards promulgated pursuant to such codes and ordinances. 10.11 The revocation of this Agreement shall not operate to cut off any claims or causes of action in favor of Licensor or Licensee which occurred or arose prior to the effective date of such revocation. 10.12 Licensee, by its acceptance and execution of this Agreement, hereby acknowledges that it has not been induced by any representations, statements, or warranties by Licensor including, but not limited to, representations or warranties with respect to title to the Licensed Premises or the condition or suitability thereof for Licensee's purpose. 10.13 In its occupancy and use of the premises, Licensee shall not discriminate against any person on the basis of race, gender, color, national origin, religion, age, or disability. This covenant by Licensee may be enforced by termination of this Agreement, by injunction, and by any other remedy available at law to Licensor. 11. ENTIRE AGREEMENT This Agreement supersedes all prior negotiations, discussions, statements, and agreements between Licensor and Licensee and constitutes the full, complete and entire agreement between Licensor and Licensee with respect to the Licensed Premises and Licensee's use and occupancy thereof. No modification of or amendment to this Agreement shall be binding on either party hereto unless such modification or amendment shall be properly authorized, in writing, properly signed by both Licensor and Licensee and incorporated in and by reference made a part hereof. Signed, sealed, and delivered in our presence: Unofficial -Witn ss Official Witness, Notary Public My Commission expires: a to OTARy� QTA,BY AE) � O• ^ L i l , , e 4,, t it o0 ;:,§ ek Z0/0 (Signatures continued on next page.) Book 01239:0387 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 IN WITNESS WHEREOF, Licensor and Licensee, acting pursuant to and in conformity with properly considered and adopted resolutions and acting by and through their duly authorized hereinafter named representatives, have caused these presents to be executed, all as of the date hereof. LICENSOR STAT " ' ROPERTIES C O ION Governor So : - rdue as Chairman • e State Properties Commission Steven L. Stancil as Executive Director of the State Properties Commission (STATE PROPERTIES COMMISSION SEAL AFFIXED HERE) (Seal) Signed, sealed, and delivered in our presence: Unofficialtness /L.) vy),92k1,„dit„ (Signatures continued from previous page.) 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RIONAIOND COUNTY, GEORGIA 40 DATE TEET AUGUST 22. 2007 .549erve7eSi• Augusts, at Jowl 1 755J221114 •totworbsole4om Engineers • Consultants • Planners 108 4106009ESATISOMC 00' PC:8 1,1 I. 600Z/814 1 C afri70600Z Awnoo puowtow eisn6nv 1,6t0:6tzi3O vog Book 01239:0393 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 XY1 ENO s.ieuueid • saue;tnsuo3 • SJOeulgu3 uen nsxst • 1 • 1060E 73 0 `8JSn • 7S 8p �gI sraariggy aj©OL 21A 0 0 Ot VIOM039 •JU.NROO ONONHORJ "Yip30.TJ VJS/791?Y M "t77YJ +NSP M .2.11Y007 .f1A,7' rRld OMINOh6 NOISSIIWWP OD IZNCIOD aNOwH3I I- v1Sn0nv - tiOi ddw 1N31 0311d1^400 — • S fIHVA 14 /x *C12-1 AziNLWd iN SAS7Y ♦LY . 2.1 t C6•5L S3QY Sri L3 'S 91L Y9 1 -L 1TY V196 s47 3LY1S CSI ICt7Y. 01 1A 19 SS I7Bt+i7 GAY al 7'02 WWI dY71 AMMO d County QU gg4 August - �p9 14..18..34.00 4' 18 m . Boo �124q,$ 1 1$12 20�g0 t a� V n t Book 01239:0395 Augusta - Richmond County 2009044813 11/18/2009 14:18:34.00 1 M, ttLOLN 66'6LZ t1•,'Y LOLN :uK V&d SSAW hd.LYN! 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CL 1snOmr 31Va .00 - .1 to 0 NOISSITATIO3 AINf1O0 QNOWHOI21— H.LSf10f1V - 2 4 dill I■31 O31IdNO - 0> 7. ono3 aouadns 4o *JaIC NOSNHOf 3 3NIV113 001 6002791414 Atuno3 puow - elsn6ny :aoilio situ ui pa113 RECORDED STATE PROPERTIES COMMISSION SEP 4 2012 011072 REAL PROPERTY RECORDS STATE OF GEORGIA, COUNTY OF FULTON: AG 5700- ME- 02RCA- Easement -City of Augusta NON - EXCLUSIVE EASEMENT WITNESSETH THAT: Book 01360:0631 Augusta - .Richmond County 2012038874 09/17/2012 14:30:02.00 $0.00 EASEMENT i MIN 11111 Ell 1111111111 11111 11111111111111111111 11111111 1111111111111111 11111 11111 11111 11111 I I I I I I I I I I 11111 1111 1111 2012038874 Augusta - Richmond County After Recording Retum to: AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901 -4415 KEC THIS NON - EXCLUSIVE EASEMENT, hereinafter referred to as "Easement," is made and entered into this 4 / '' day of Sep fevn 1, e r , 20 i2 , hereinafter referred to as "the date hereof," with said date being inserted herein by Grantor at the time of its execution hereof, by and between the STATE OF GEORGIA, acting by and through the State Properties Commission, whose address is 47 Trinity Avenue, Suite G02, Atlanta, Georgia 30334, Party of the First Part, hereinafter referred to as "Grantor," and AUGUSTA, GEORGIA whose address for purposes of this Easement is 530 Greene Street, Suite 806, Augusta, Georgia 30901 Party of the Second Part, hereinafter referred to as "Grantee" (the words "Grantor" and "Grantee" to include their successors and assigns where the context requires or permits). WHEREAS, Grantor is the owner of that certain real property lying and being that tract, parcel or portion of State owned real property situate, lying and being in that tract, parcel or portion of State owned real property situate, lying and being in the 85 Georgia Militia District of Richmond County, Georgia as shown in yellow highlighting on the Plat of Survey more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Property is under the custody and control of the Department of Juvenile Justice; and WHEREAS, Grantee has requested an easement for the purpose of construction, operation, and maintenance of a sewer line (hereinafter referred to as the "Sewer Line ") on, over, under, upon, across, or through the Property as more particularly described on Exhibit "A," Book 01360:0632 Augusta - Richmond County 2012038874 09/17/2012 14:30:02.00 attached hereto and incorporated by this reference (hereinafter referred to as the "Easement Area "); and WHEREAS, at its duly called meeting on September 9, 2009, the State Properties Commission approved the granting of a Revocable License to the City of Augusta; and WHEREAS, by 2010 Resolution Act No. 662 (H.R. 1588), §§ 132 through 144, approved June 4, 2010, the General Assembly declared that the State of Georgia is the owner of the Property; and WHEREAS, the General Assembly in said Resolution Act, authorized, within a period of three years from the effective date of said Act, the granting of this non - exclusive Easement to Grantee, but only to the extent and for the purpose of allowing Grantee the installation and maintenance of the Sewer Line under, upon, across, or through the Easement Area, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes; and WHEREAS, the General Assembly in said Resolution Act, authorized the granting of this Easement in consideration of One Dollar and 00 /100 ($1.00), and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia; and WHEREAS, at its duly called meeting on June 18, 2010, the State Properties Commission approved the granting of this Easement as authorized by the Resolution Act; and NOW, THEREFORE, Grantor, for and in consideration of the sum of One Dollar and 00 /100 ($1.00), in hand paid by Grantee to Grantor at and before the sealing and delivery of these presents, and other good and valuable consideration, as specified in said Resolution Act, the receipt and sufficiency of which is hereby acknowledged, has bargained, sold, granted and conveyed and by these presents does hereby bargain, sell, grant and convey unto Grantee, to the extent of Grantor's right, title and interest in and to the Easement Area, and upon the terms and conditions hereinafter set forth, a non - exclusive easement to construct, install, maintain, repair, replace, inspect, and operate the Sewer Line in, on, over, under, upon, across, or through the Easement Area, together with the rights of ingress and egress over adjoining land of Grantor as may be reasonably necessary to accomplish the aforesaid purposes, said ingress and egress to be over a route established by Grantor and which may from time to time be changed by Grantor, with Grantee being given reasonable written notice of any change. 1. The Easement Area shall be used solely for the purpose of installing and maintaining a Sewer Line. 2. Grantee shall have the right to remove or cause to be removed from the Easement Area only such trees, bushes and other natural growth as may be reasonably necessary for the proper operation, and maintaenance of said Sewer Line. 3. After Grantee has put into use the Sewer Line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to Grantor of all the rights, title, privileges, powers, and easements granted herein. Upon abandonment, Grantee shall have the option of removing their facilities from the Easement Area or leaving the same in place, in which event the Sewer Line shall become the absolute and sole property of Grantor, without the necessity of notice or demand or any action being brought or taken by Grantor, or any instrument or conveyance being executed or delivered by Grantee, and without any liability of Grantor to make or pay any compensation therefor to Grantee or to any other person whomsoever, and the Property shall be free and discharged from all and every lien, encumbrance, claim and charge of any character created, or attempted to be created, at any time, by Grantee. 4. No title is conveyed herein by Grantor to Grantee, and, except as herein specifically granted to Grantee, all rights, title, and interest in and to the Easement Area are reserved in Grantor, who may make any use of the Easement Area not inconsistent with or detrimental to the rights, title, and interest herein granted and conveyed to Grantee. 5. Book 01360:0633 Augusta - Richmond County 2012038874 09/17/2012 14:30:02.00 5.1. If Grantor determines any or all of the Sewer Line placed on the Easement Area should be removed or relocated to an alternate site on Grantor -owned land in order to avoid interference with Grantor's use or intended use of the Easement Area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated Sewer Line across the alternate site, under such terms and conditions as Grantor shall in its discretion determine to be in the best interest of Grantor, and Grantee shall remove or relocate its Sewer Line to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by Grantor unless Grantor determines that the removal is for the sole benefit of Grantor and approves payment by Grantor for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by twenty (20) percent the amount of a written estimate provided by Grantee. 5.2. Upon written request by Grantee or a third party, Grantor, in its sole discretion, may permit the relocation of the Sewer Line to an alternate site on Grantor -owned land so long as the removal and relocation is paid for by the party or parties requesting such removal and is at no cost and expense to Grantor. 6. 7. 8. Book 01360:0634 Augusta'- Richmond County 2012038874 09/17/2012 14:30:02.00 5.3. If removal and relocation of the sewer lines is permitted as provided herein, Grantee shall further execute and deliver to Grantor a quitclaim deed, prepared by or acceptable to Grantor, conveying to Grantor all of Grantee's rights and interest in and to the existing Easement Area and, if applicable at the time, any temporary construction area. The rights and interest herein granted and conveyed to Grantee are to be used and enjoyed at the sole risk of Grantee, and in consideration of the benefits to be derived here from, Grantee hereby releases, relinquishes and discharges and agrees to indemnify, protect, save, and hold harmless Grantor and Grantor's officers, members, employees, agents, and representatives (including the State Tort Claims Trust Fund, the State Broad Form Employee Liability Fund and the State Authority Operational Liability Trust Fund) from and against all liabilities, damages, costs and expenses (including all attorney's fees and expenses incurred by Grantor or any of Grantor's officers, members, employees, agents, and representatives), causes of action, suits, demands, judgments, and claims of any nature whatsoever (excluding those based upon the sole negligence of Grantor concerning any activities within the scope of O.C.G.A. § 13- 8 -2(b) relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith), arising from, by reason of, or in connection with: (a) injury to or death of any person or damage to property (1) in or on the Easement Area (2) in any manner arising from use, non- use or occupancy by Grantee or any of Grantee's officers, employees, agents, representatives, customers, invitees, licensees or contractors or (3) resulting from a condition of the Easement Area, excluding any condition of the Easement for which Grantor specifically is responsible under this Easement, if any; (b) violation of any agreement, representation, warranty, provision, term or condition of this Easement by Grantee or any of Grantee's officers, employees, representatives, agents or contractors; or (c) violation of any law affecting the Easement Area or the occupancy or use by Grantee of the Easement Area. This indemnity extends to the successors and assigns of Grantee and survives the termination of this Easement, and to the extent allowed by law, the bankruptcy of Grantee. If and to the extent such damage or loss (including costs and expenses) as covered by this indemnification is paid by the above - referenced or other State self - insurance funds (collectively referred to as the Funds) established and maintained by the State of Georgia Department of Administrative Services (DOAS), Grantee shall reimburse the Funds for such monies paid out by the Funds. Grantee shall not assign this Easement or any right or interest granted herein, without the prior written consent of Grantor. Consent to one assignment shall not invalidate this provision, and all later assignments shall likewise be made only on the prior written consent of Grantor. The words "assign" and "assignment" used herein shall include assignment by operation of law. Book 01360:0635 Augusta - Richmond County • 2012038874 09/17/2012 14:30:02.00 Grantee understands and hereby acknowledges that Grantor does not by this Easement make any representations or warranty of any type, kind, or nature whatsoever including, but not limited to, warranties as to the title to, sufficiency of the legal description of, suitability to use, or condition of the Easement Area or temporary construction area. 9. The granting of this Easement is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the Easement Area or temporary construction area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the Easement Area or temporary construction area. 10. Grantee shall record this Easement in the real property records of Richmond County, and a recorded copy shall be forwarded to the State Properties Commission. Grantee shall also deliver to the State Properties Commission an as -built plat or drawing showing the location of the Sewer Line. 11. The "Whereas" recitals set forth above are hereby incorporated into and made a part of this Easement. 12. The authorization in this resolution to grant the above described easement to the Grantee shall expire three years after the installation of said Sewer Line, or upon expiration of the term of three years (3) from the date hereof, whichever is earlier. 13. This Easement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, related to the subject matter hereof. This Easement may be amended or modified only by an instrument of equal formality signed by the respective parties. TO HAVE AND TO HOLD THE EASEMENT AREA unto Grantee so long as the Easement Area is used for the purpose and in accordance with the terms and conditions herein set forth. 1—' IN WITNESS WHEREOF, Grantor, has caused this Easement to be signed in its name and delivered to Grantor, and Grantee, acting pursuant to authority under law and by and through its duly authorized officers, has caused this Easement to be signed in its name with its official seal affixed hereto, all as of the date hereof. Signed, sealed and delivered as to both the Governor, as Chairman and the Executive Director in the presence of: Unofficial ittiess ffic a.1 Witness, Notary Public Noteuy Fubhc, enry My expires: my i , Book 01360:0636 Augusta - Richmond County 2012038874 09/17/2012 14:30:02.00 GRANTOR STATE OF GEORGIA Acting by and through the State Properties Commission By: Y1 , Deaf-- (Seal) NATHAN DEAL Governor, as Chairman of the State Properties Commission (signatures continue on the next page) Book 01360:0637 Augusta - Richmond County 2012038874 09/17/2012 14:30:02.00 Signed, sealed and delivered as to the Cityof Augusta, in the presence of: UnofficialiWitness V& �:e Official fitness, Notary Public Mme£ ~m expires: G y .r' '•.« 9, + ix TV,i Nit It 0 By: eki GRANTEE AUGUSTA, GEORGIA NAME � =v Title: �'`'� (Seal) Book 01360:0638 Augusta - Richmond County 2012038874 09/17/2012 14:30:02.00 EXHIBIT "A" Legal Description That tract, parcel or portion of State owned real property situate, lying and being in the 85 GMD of Richmond County, Georgia, and is more particularly described as follows: Those approximately 1.256 acre portion and that portion only as shown in yellow on a plat of survey marked Exhibit "A" prepared for the Augusta Richmond County Commission dated August 22, 2007 and prepared by Barry A. Toole, Georgia Registered Land Surveyor #2585 and being on pages 28, 29, 30, 31, 32, 33 and 34 and being on file in the offices of the State Properties Commission Filed in this office: Augusta - Richmond County 09/17/2012 14:30:02.00 Elaine C. Johnson Clerk of Superior Court