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<br />-." <br /> <br />- <br /> <br />2 <br /> <br />- <br /> <br />~. <br /> <br />NG>W THEREF01ìE. in consideration of the covemants and agreements <br />herein agreed to be performed by the parties hereto and the pay- <br />ments hereinafter agreed to be paid. it is mutually agreed by and <br />between the parties hereto as follows: <br /> <br />Tkat the GOUNTY will improve lI'Iad.ison Avenue and. B1mt$ <br />Road between the limits hereinbefore set forth. in ac_ <br />cordance with the plans. specificatiens and. estimates <br />prepared by the Engineer fer the COUNTY. <br /> <br />FIRST <br /> <br />specifications <br /> <br />will approve said. plans. <br /> <br />That the CITY <br />and estimates. <br /> <br />SEGeNI> <br /> <br />That the~ØUNTY will at its ewn expense make the necessary <br />s~veys. prepare the construction plans. and furnish all <br />supervision d~ing construction. <br /> <br />THUÐ <br /> <br />That the CITY agrees te pay fifty percent (50%) of the <br />cest of the imprøvement. For the p~pese of this agree_ <br />ment the cost of the.imprøvement will be the amount of <br />the final estimate paid to the cøntractor. <br /> <br />FO'fJRTH <br /> <br />That thea:¡:TY agrees to d.èpøsit with the Treas~er of <br />Cuyahega GGunty fifty percent (50%) øf the Engineerts <br />estimated cost ef the work. <br /> <br />FIFTH <br /> <br />That upon completion of the work the COUNTY will refund <br />to the CITY tl1e difference between its amount deposited <br />and fifty percent (50%) øf the amount of the final <br />estimate. <br /> <br />SIXTH <br /> <br />That all sanitary sewer and water department castings <br />feund defective and unfit for resetting tø the new grade <br />of the pavement shall be replaced by the CITY at no cost <br />to the COUNTY. <br /> <br />SEVENTH <br /> <br />That the UTY shall enact legislation prohibiting street <br />opening førnew utility installations in the pavement for <br />a period of five (5)years. <br /> <br />EIGHTH <br /> <br />That the CITY shall cause to be made. at no expense to <br />the COUNTY. all necessary changes in private or pUblicly <br />owned utility installations which interfere with the im- <br />provement to the roadway. <br /> <br />NINTH <br /> <br />That the CITY f~ther agrees to maintain the completed <br />roadway in a satisfactory manner. The County Engineer <br />will make periodic inspectiQn an¡¡ , will notify the CITY <br />as to any necessary repairs which are required. to keep <br />the road in serviceable condition. The CITY agrees to <br />make such repairs promptly when notified by the County <br />Engineer that such repairs are necessary. The CITY also <br />agrees. that if it fails to make tl1e necessary repairs <br />within a reasonable time after reeeiving notice from the <br />County Engineer. that the G0UNTY is authorized to proceed <br />with the repair work and the CITY agrees to reimburse the <br />C0UNTY for any and all expenses inc~red BY the C0UNTY <br />in the making of said repairs. <br /> <br />TENTH <br />