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8804-15 Easement agreement with Commodore Club
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8804-15 Easement agreement with Commodore Club
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5/26/2015 12:28:59 PM
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Exhibit A <br />Aereement for a Permanent Easement <br />THIS AGREEMENT made and concluded at Lakewood, Ohio, this day of April, <br />2015 by and between the CITY OF LAKEWOOD, Ohio, 12650 Detroit Avenue, Lakewood, <br />Ohio and/or its agents (hereinafter referred to as "City ") and COMMODORE CLUB <br />APARTMENTS, LLC , an Ohio limited liability company 18915 Detroit Extension, Lakewood, <br />Ohio 44107 together with its successors, nominees, and assigns (hereinafter referred to as the <br />«Owner "). <br />WHEREAS, Owner is the owner of real property, Permanent Parcel No. 311 -18 -078, <br />located at 18915 Detroit Extension, Lakewood, Ohio (hereinafter referred to as "Property "); and <br />WHEREAS the City desires to obtain a permanent access easement for purposes of <br />ingress and egress, installing, constructing, operating, repairing, maintaining, replacing, <br />extending and reconstructing any and all storm water lines, sanitary lines, detention basin and <br />appurtenances. <br />For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />the parties hereby agree as follows: <br />1. Owner shall grant an access easement (attached as Exhibit A) to City which the City <br />shall cause to be recorded for record with the Cuyahoga County Recorder which shall be a <br />permanent easement and will run with the land. <br />2. City shall compensate Owner $6,300 for the easement. <br />3. The Owner shall not be permitted to construct and structures, buildings, retaining <br />walls or embankments on any part of the easement area. <br />4. This agreement embodies the entire agreement between the City and Owner with <br />respect to the subject matter hereof and supersedes all prior agreements and understandings, <br />whether written or oral. Neither the City nor Owner has made nor relied upon any promises, <br />representations or warranties in connection with this agreement that are not expressly set forth in <br />this agreement. In entering into this agreement, the City and Owner have relied on the recitals <br />representation and warranties contained in this agreement. <br />5. This agreement may not be modified except by a written agreement executed by the <br />City and Owner. No waiver of any condition or covenant in this agreement by either party shall <br />az�z:YZr:�� <br />
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