2023-46 Utility Easement Agreement 13425 Detroit Ave

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DocuSign Envelope ID: FDAB5A58-31D4-4829-AC58-3B760CEADD6F inure to the benefit of the general public and The City of Lakewood personnel, agents, successors and assigns and shall be binding upon each of them. 1. City shall compensate Owner $0 for the easement. 2. City shall cause to have replaced in -kind any pavement and/or landscape damaged from utility work to the satisfaction of the Owner. 3. The Owner shall provide the City Right of Entry to the property in order to perform the work required to repair and maintain the existing sewer servicing the Owner's property. 4. Upon completion of the installation of the new sanitary and/or storm laterals, the Owner shall be responsible for repairing and maintaining sanitary and/or storm laterals on the Owner's property. The City shall be responsible for repairing and maintaining sanitary and/or storm laterals in the Right -of -Way. 5. The Owner shall not be permitted to construct any new structures, buildings, retaining walls or embankments outside of the existing building footprint on any part of the easement area. 6. 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. 7. 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. 8. This agreement shall be construed and enforced in accordance with the laws of the State of Ohio. 9. Whenever a word appears here in in its singular fo►rn, 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 the party causing this agreement to be drafted an shall not be construed more strictly in favor of or against either of the partied hereto. 2 of 3