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inure to the benefit of the general public and The City of Lakewood personnel, agents, successors <br />and assigns and shall be binding upon each of them. <br />2. City shall compensate Owner $11,3 00 .00 for the easement. <br />3. City shall cause to have a six foot tall dog eared solid wood fence installed along the <br />inside of the East property line and remove any trees that are required for installation of the fence. <br />Once the fence is installed, the Owner will be responsible for the operation, maintenance, and <br />removal/replacement of said fence. <br />4. Owner shall indemnify and hold City, its agents and employees harmless for damage <br />sustained to the trees within the easement area (Exhibit "A") and the fence area along the East <br />property line or damage to any property resulting from the damage of said trees by City, its agents <br />or employees' use of the access easement. <br />5. The Owner shall not be permitted to construct structures, buildings, retaining walls or <br />embankments on any part of the easement area. <br />6. The Owner shall provide the City of Lakewood Right of Entry to the property in order <br />to perform the work required to install the wooden fence. <br />7. This agreement embodies the entire agreement between the City and Owner with respect <br />to the subject matter hereof and supersedes all prior agreements and understandings, whether <br />written or oral. Neither the City nor Owner has made nor relied upon any promises, representations <br />or warranties in connection with this agreement that are not expressly set forth in this agreement. <br />In entering into this agreement, the City and Owner have relied on the recitals representation and <br />warranties contained in this agreement. <br />8. 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 />be effective unless made in writing, nor shall any waiver be deemed to imply or constitute a future <br />waiver of the same or any other condition or covenant of this agreement. <br />9. This agreement shall be construed and enforced in accordance with the laws of the State <br />of Ohio. <br />10. Whenever a word appears here in in its singular form, such word shall include the <br />plural; and the masculine gender shall include the feminine and neuter genders. This agreement <br />shall be construed without regard to any presumption or the rule permitting construction against <br />2 of 3 <br />