2021-01 - Authorize watermain easement at 1333 Lakeland

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Exhibit B AGREEMENT FOR WORK ON PRIVATE PROPERTY Temporary Construction Easement THIS AGREEMENT made and concluded at Lakewood, Ohio, this day of .2021 ("Agreement") by and between the CITY OF LAKEWOOD, Ohio, 12650 Detroit Avenue, Lakewood, Ohio and/or its agents (hereinafter referred to as "City") Cheri Hardt, 1333 Lakeland Avenue-, 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. 311-33-004, located at 1333 Lakeland Avenue, Lakewood, Ohio (hereinafter referred to as "Property"); and WHEREAS, the City desires to install a watermain located on Owner's Property related to the City's water system; now, therefore, WITNESSETH: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Owner shall permit access to Owner's Property by the City or its contractors to install a watermain and necessary appurtenances (the "Work") for a period not to exceed 6 months from the start of .the Work (i.e., mobilization of equipment) on the subject parcel. The area to be accessed is detailed in the attached drawing and legal description labeled as Temporary Construction Easement (The "Easement") The Work shall be performed in a good and workmanlike manner and in the highest standards for such services. The City shall restore the property it occupied to the conditions as they existed before entry. A pre -construction video shall be taken by the City prior to occupying the Owner's property. 2. The City shall bear the entire cost of the Work on Owner's Property. Upon signature by all parties, the City shall compensate the Owner an amount of $450.00. In the event that the period of occupation by the City exceeds 6 months, the City shall reimburse the Owner $75.00 per month. Delays caused by weather notwithstanding, the City shall complete the work promptly and with reasonable diligence. 3. The City shall undertake the Work and at all times shall keep and maintain the Property in a safe and sound condition in compliance with all applicable laws, ordinances, rules and regulations and shall name Owner as an additional insured on the City's policies of insurance in the amount of at least $2 million. City shall cause Owner to be named as an additional insured on policies of insurance of any contractors hired by the City in the amount of at least $2 million. A +/- 4' tall orange temporary construction fence shall be installed within the Work area by the City such that the Owner's pet(s) shall be able to utilize the rear yard.