2004 048 Ordinance - Laserfiche WebLink

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D-18:357 OHIO LICENSE AC-REEMENT ~~ THIS LICENSE AGREEMENT, made as of the ~ ~ day of ~ 2004, by and between THE CLEVELAND ELECTRIC II,LUMINATING COMPANY, an Ohio corporation, 76 South Main Street, Akron, Ohio 44308, hereinafter referred to as "LICENSOR", and MAYFIELD VILLAGE, an Ohio municipality, 6621 Willson Mills Road, Mayfield Village, Ohio 44143-3499, hereinafter called the "LICENSEE". In consideration of the covenants and agreements hereinafter set forth, it is agreed by and between Licensor and Licensee as follows: 1. Licensor does hereby grant to Licensee the right to construct, maintain, patrol, and use the premises for an all purpose, non vehicular public hiking and biking trail, except as otherwise specified herein, and being located as shown, in red, "drawings to be attached", marked Exhibit "A" (collectively referred to as the "Premises"), attached hereto and made a part hereof. This License shall be in full force and effect for a period of one (1) year commencing on the 1st day of September 2004 and ending on the 31st day of August 2005 ("Term") and shall continue on a year-to-year basis thereafter until canceled by either party by ninety (90) days' written notice. 2. If Licensor desires to make any changes, relocations, additions, or improvement on its Premises for utility purposes or otherwise that will affect Licensee's improvements, then upon 180 days' prior written notice from Licensor, Licensee shall, at Licensee's sole cost and expense, make such changes to its hike and bike trail as are necessary to accommodate said work of Licensor, in accordance with plans approved by Licensor prior to commencement of said changes. In such instances Licensor shall provide an alternate location on its Premises for Licensee's improvements, if available, in the sole opinion of Licensor. 3. Licensee shall have the right, at its sole risk and expense, to use the Premises under such terms and conditions as it deems necessary and to allow the public to use the Premises for hike and bike trail purposes and shall provide all facilities, safeguards and equipment necessary or desirable for such purpose. 4. Licensee will employ and provide, at its sole expense, the supervision, attendants and other personnel as may be necessary to police, operate and maintain the Premises for such purpose. 5. Licensee agrees that no signs, billboards, or advertising matter, other than signs in connection with use of the Premises for hike and bike trail purposes as herein permitted, shall be erected or caused to be placed or erected on any part of the Premises.