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PERMANENT EASEMENT AGREEMENT
<br /> corporation
<br /> 10. Binding Effect. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding
<br /> upon the respective legal representatives,heirs,executors,administrators,successors and assigns of the Parties.
<br /> 11. Nature of Easement and Additional Uses. This Permanent Easement shall be permanent and run with the land. It
<br /> shall also be deemed to touch and concern the land. Exercise of any rights in the Permanent Easement other than those
<br /> retained by Grantor shall be within the sound discretion of Grantee. Grantee agrees to permit and authorize such other
<br /> uses of the subject Permanent Easement, not reserved in Grantor, as will not impair Grantee's rights upon such
<br /> reasonable terms,limitations,and conditions as Grantee shall find reasonably necessary to protect the right of occupancy
<br /> of the subject Permanent Easement for the purposes of Grantee without undue or unnecessary injury to or impairment of
<br /> the estate retained by Grantor.
<br /> 12. Warranty of Title. Grantor warrants that it has full right and lawful authority to make the grant contained herein,
<br /> and promises and agrees to defend Grantee in the exercise of its rights hereunder against any defect in its title to the land
<br /> involved or its right to make the grant contained herein.
<br /> 13. Mechanic's and Materialmen's Liens. In no event shall Grantee allow any mechanic's or rnaterialmen's liens to
<br /> attach against the Property for materials supplied or work performed at the request of,or for the benefit of,Grantee,and
<br /> Grantee,to the extent expressly permitted by law,shall indemnify and hold Grantor harmless from any cost or expense,
<br /> incurred by Grantor to release any such mechanic's or materialmen's liens against the Property.
<br /> 14. Indemnity/Liability. Grantor hereby releases Grantee and shall fully protect, defend, indemnify and hold
<br /> harmless Grantee, the City of Colorado Springs, their officers, City Council, Utilities Board, directors, employees,
<br /> agents and representatives from and against any and all claims, costs (including but not limited to all fees and
<br /> charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs),
<br /> losses, damages, causes of action. or liability of any nature regarding this Agreement or the Improvements to the
<br /> extent caused by Grantor.
<br /> 15. Waiver. The failure of Grantee to insist, in any one or more instances, upon a strict performance of any of the
<br /> obligations,covenants or agreements herein contained,or the failure of Grantee in any one or more instances to exercise
<br /> any option, privilege or right herein contained, shall in no way be construed to constitute a waiver, relinquishment or
<br /> release of such obligations,covenants or agreements,and no forbearance by the Grantee of any default hereunder shall in
<br /> any manner be construed as constituting a waiver of such default.
<br /> 16. Severability. The provisions of this Agreement are severable. Illegality or unenforceability of any provision herein
<br /> shall not affect the validity or enforceability of the remaining provisions in this Agreement.
<br /> 17. Entire Agreement. This Agreement represents the entire agreement between the Parties and no additional or
<br /> different oral representation, promise or agreement shall be binding on any of the Parties hereto with respect to the
<br /> subject matter of this instrument,unless stated in writing and signed by Grantee and Grantor.
<br /> 18. Notice. All notices necessary or required under this Agreement shall be in writing and shall be personally
<br /> delivered, sent by overnight delivery service, or mailed by certified mail, postage prepaid and return receipt
<br /> requested,as follows:
<br /> If to Grantee: Colorado Springs Utilities
<br /> Utilities Development Services
<br /> P.O. Box 1103,Mail Code 1015
<br /> Colorado Springs,Colorado 80903
<br /> Phone: (719)668-8264
<br /> If to Grantor: Grantor: Edward C. Levy Co.dba Schmidt Construction,Inc.
<br /> Attn: Mr.Scott Davis,Vice President
<br /> Address: 2635 Delta Drive
<br /> City, State,ZIP: Colorado Springs,CO 80910
<br /> Phone: (719)3924207
<br /> (or to the current owner of the Property)
<br /> Notice given by personal delivery,overnight delivery or mail shall be effective upon actual receipt. The Parties may
<br /> change any address to which Notice is to be given by giving notice as provided above of such change of address.
<br /> F02A-00011 (01/10/2006) Page 3 of 4
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