2022-07 - Permanent Construction Easement at 17203 Hilliard

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the general public and The City of Lakewood personnel, agents, successors and assigns and shall be binding upon each of them. 2. City shall compensate Owner with the replacement of 225 square feet of non- compliant concrete sidewalk panels located in the Right of Way along .the western property line at the subject property for the easement. The City of Lakewood contractor would remove and construct new sidewalk within 180 .days of the recorded easement at the Cuyahoga County Recorder's office. 3. The Owner shall not be permitted to construct. structures, buildings, retaining walls, overhead or underground wires, overhead or underground utilities, permanent signs, sprinkler systems, or embankments on any part of the easement area. The Owner shall maintain the easement area and preserve the area as grass turf only. The Owner shall not affix any objects to the signal equipment. 4. The owner shall provide the City of Lakewood Right of Entry to the property in order to perform the work required to install the traffic control devices. Upon completion of the installation of traffic control devices and appurtenances, The City of Lakewood shall restore the property g to its original condition including replacement of any damaged concrete and topsoil and seeding of disturbed areas. 5. 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. 6. 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. 7. This ,agreement shall be construed and enforced in accordance with the laws of the State of Ohio. 8. Whenever a word appears here in in its singular form, such word shall include the plural; and the masculine gender shall include the feminine and neuter genders. This agreement shall be construed without regard to any presumption or the rule permitting construction against 2of3