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A G R E E M E N T
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<br /> THIS AGRE, EMENT made and concluded at Lakewood, Ohio this
<br />day of , 1976, by and between the CITY OF LAKEWOOD, OlllO,
<br />a municipal corporation, Imreinafter refer~ed to as "C'iTY" and IfXKEMOOD CE~FER
<br />NORTH BUILDING ASSOCIATES, an Ohio limited partnership, C. ~STEPIIEN BABIN, General
<br />Partner, h'ereinafter referred to as "SECOND PARTY",
<br />
<br /> WIU?;REAS., the CITY is the owner and operator of a parking garage known
<br /> as the Belle Avenue North Parking Garage wh-lch provides tile parking space for the
<br />'general public, including tenants of a building owned by SECOND PARTY, and-
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<br /> WHEREAS, SECOND PARTY i.s the owner of a certain office building adjacent
<br />to the south of said parking garage, tenants of which are the principal lessees of
<br />availa'ble parking space in said garage, and
<br />
<br /> WIIERF~AS, it is for the best interests of the general public, the CITY
<br />and the SECOND PARTY that a television camera security ~ystem be installed in
<br />said garage, and
<br />
<br /> WHEREAS, the CITY. is willing and desirous of purchasing and install, icg
<br />such television camera security system in said garage upon the terms, provisions
<br />and conditions of this Agreement, and
<br />
<br /> WIIEREAS, SECOND PARTY is willing and desirmm of monitoring snch
<br />television camera security system in accordance with the terms, provisions and
<br />conditions of this Agreement,
<br />
<br /> NOW, TIIEREFORE, for .and i.n consideration of the mutual promises,
<br />covenants and a[Ireements of the parties hereto, as herein contained, and other
<br />valuable considerations, the receipt of which are hereby acknowledged 'by each
<br />party, the parties hereto hereby agree.as fol.'lows:
<br />
<br /> (1) The CITY does hereby agree to purchase and install, at its own
<br />and sole expense, tile television camera security system in tile Belle Avenue
<br />North Parking Garage, it being specifically understood and agreed, however,
<br />that such purchase shall be conditioned upon tile approval of the ConnciI of the
<br />City of Lakewood and the availability of funds for such purpose, upon the approval
<br />of Council.
<br />
<br /> (2) SECOND PARTY hereby agrees, at its own and sole expense, to monitor
<br />said television camera security system at SECOND PARTY'S security control c~,nter
<br />located in the Lakewood Center North Building owned by SECOND PARTY. SECOND
<br />PARTY agrees to monitor said security system on a 24-hour per day basis for a
<br />period of ten years next following the date of the completion of the installation
<br />of saLd security system.
<br />
<br /> (3) ~]}his Agreement shall inure to the benefit of, and be binding upon,
<br />th.e heirs, executors, administrators, successors and a,~4signs of the respective
<br />parties hereto. Accordingly,' said SECOND PARTY dees hereby agree that in the
<br />event it would sell or otherwise dispose of its interest in the Lakewood Center
<br />North Buildipg owned by SECOND PARTY' within the ten year .period aforementioned,
<br />then in that event SECOND PARTY agrees to inform such purchaser or other transferee,
<br />as the case may be, in writing, of the terms, provisions and conditions of this
<br />Agreement, and SECOND PARTY further agrees to make tl~e acceptance of an assignment
<br />of this Agreement to such purchaser or other translferee, a condition pr'ecedent to
<br />such sale or transfer.
<br />
<br /> (4) Said SECOND PARTY hereby agrees to permit CiTY or .its designated
<br />agents, employees or contractors to enter into and upon the premises of SECOND
<br />PARTY for the purposes of installation of said television camera security system
<br />to the control center in the Lakcwood Center North Building owned by SECOND PARTY.
<br />
<br /> (5) The parties agree that all of the television .camera security system
<br />and equipment connected therewith is and shall at all times during this Agree-
<br />ment be the sole property of CITY. The CITY agrees that it will, upon the
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