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AGREEMENT <br /> <br /> This Agreement between the City of Lakewood, <br />(the "City") and The Congregation of the Sisters of Charity <br />of St. Augustine, (the "Owner"), is entered into as of the <br /> <br />~ day of , 1986. <br /> <br /> WHEREAS, the Owner lis the owner of property <br /> <br />located at 14808 Lake Avenue, Lakewood, Ohio, upo~ which is <br />situated St. Augustine Academy; <br /> <br /> WHEREAS, the City and the Owner entered into <br />an Agreement dated March 24, 1972 (the "1972 Agreement") for <br />the purpose of protecting the Owner's property from erosion <br />by allowing the City to conduct filling operations in the <br />Owner's land at the northern boundary adjacent to Lake Erie; <br />and <br /> <br /> WHEREAS, the City and the Owner both desire <br />to continue the filling operations under an updated Agree- <br />ment which reflects the current needs and circumstances of <br />the parties; <br /> <br /> NOW THEREFORE, in consideration of the mutual <br />promises contained herein, and other good and adequate <br />consideration, and intending to be legally bound, the parties <br />agree as follows: <br /> <br /> 1. The 1972 Agreement is hereby terminated <br /> <br />and this Agreement dated , 1986 is substituted <br /> <br />therefore. <br /> <br /> 2. The Owner agrees to permit the City to <br />use the Owner's land between the chain link fence as pres- <br />ently located North to the frontage of Lake Erie as shown on <br />the attached drawing marked "Exhibit A" and incorporated <br /> <br /> <br />