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. <br />? <br />JOINT USE AGREEMENT <br />THIS AGREEMENT, entered into this day of , 2004, at Garfield <br />Hts, Ohio, by and between the Director of Transportation of the State of Ohio, hereinafter called <br />the STATE and Village of Mayfield hereinafter called the LESSEE. <br />WITNEssETx: <br />That the STATE, for and in consideration of the covenants, conditions, agreements and <br />stipulations of the LESSEE expressed, does hereby agree that the ground surface of those certain <br />premises (hereinafter premises) situated in the Village of Mayf'ield, County of Cuyahoga and State <br />of Ohio, known as Mayfield Outpost set forth on Exhibit "A" attached hereto and made a part <br />hereof, may be used by LESSEE for the purpose and under the terms and conditions set forth in this <br />Agreement. <br />The terms of this Agreement shall commence on January l, 2005 and shall terminate ten (10) <br />years later at 12:01 a.m., then Standard Time in Ohio, On December 31, 2015, provided, however <br />that the term of this Agreement or any renewal thereof shall be deemed automatically renewed under <br />the same terms and conditions for additional successive periods of ten (10) years each unless either <br />party gives the other party written notice of non-renewal delivered to such part at least sixty (60) days <br />prior to the termination of the initial term or any renewal thereof, in accordance with the terms and <br />conditions hereinafter stated. <br />The parties hereto covenant and agree as follows: <br />The premises shall be used during the tenancy hereof for purposes not inconsistent with the <br />purposes described in Chapter 1545 of the Ohio Revised Code (as the same may be amended <br />from time to time), including without limitation the construction and use of certain <br />improvements to be made to the premises by LESSEE, <br />2. The LESSEE agrees: (a) to pay all personal and real property taxes and assessments that may <br />be legally assessed on LESSEE's possessory interest, or on any improvements or equipment <br />placed by LESSEE on, said premises during the continuance of the tenancy hereby created; <br />and (b) to pay any charges for utilities furnished to the herein described premises through a <br />meter to be contracted for by LESSEE, if any. <br />3. The LESSEE shall not install facilities for, nor operate on the premises, a gasoline supply <br />station; nor shall vehicles or tanks used or designed for the transportation or,storage of <br />gasoline or petroleum products be permitted on the premises, nor shall bulk storage of <br />gasoline or petroleum products be permitted on the premises, nor shall explosives or <br />hazardous waste of any nature be permitted on the premises. <br />Page 1 of 8 <br />EEXHIBI7' <br />? ? <br />?