9061-19 - Authorize easement at Clifton Lagoon

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Exhibit A Agreement for a Permanent Easement THIS AGREEMENT made and concluded at Lakewood, Ohio, this day of , 2019 by and between the CITY OF LAKEWOOD, Ohio, 12650 Detroit Avenue, Lakewood, Ohio and /or its agents (hereinafter referred to as "City ") and Clifton Park Trustees, C/O Nancy Graves, 17889 Lake Road, Lakewood, Ohio 44107 together with their heirs, administrators, executors, successors and assigns (hereinafter referred to as the "Owner "). WHEREAS, Owner is the owner of real property, Permanent Parcel No. 311 -02 -001, located at Beach Road, Lakewood, Ohio (hereinafter referred to as "Property "); and WHEREAS the City desires to obtain a permanent access easement for purposes of ingress and egress, installing, constructing, operating, repairing, maintaining, replacing, extending and reconstructing an emergency generator and appurtenances. WITNESSETH: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Owner shall grant an access easement (attached as Exhibit A) to City which the City shall cause to be recorded for record with the Cuyahoga County Recorder which shall be a permanent easement and will run with the land. 2. City shall compensate Owner $1.00 for the easement. 3. The Owner shall not be permitted to construct and structures, buildings, retaining walls or embankments on any part of the easement area. 4. This agreement embodies the entire agreement between the City and Owner with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. Neither the City nor Owner has made nor relied upon any promises, representations or warranties in connection with this agreement that are not expressly set forth in this agreement. In entering into this agreement, the City and Owner have relied on the recitals representation and warranties contained in this agreement. 5. This agreement may not be modified except by a written agreement executed by the City and Owner. No waiver of any condition or covenant in this agreement by either party shall be effective unless made in writing, nor shall any waiver be deemed to imply or constitute a future waiver of the same or any other condition or covenant of this agreement.