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EXEiIBIT "A"
<br />PERMANENT MAINTENANCE EASEMENT FOR TRAFFIC CONTROL
<br />EQUIPMENT ON LAND CONVEYED TO NORCAR COMPANY, LLC.
<br />This non - exclusive sub - surface easement, granted this S �,"" day of
<br />N.o L,!ti , 2006, by Norcar Company, LLC., hereinafter called "Grantor," to the
<br />City of North Olmsted, Ohio, hereinafter called "Grantee," 5200 Dover Center Road,
<br />North Olmsted, Ohio 44070
<br />WITNESSETH:
<br />That Grantor, for and in consideration of the mutual premises and covenants herein, and
<br />other good consideration, does hereby give, grant, convey, and release to the said
<br />Grantee, or its duly authorized agents or contractors, permission to enter upon its land
<br />defined by County Auditor as Permanent Parcel No. 236 -05 -001 and use that part labeled
<br />"Easement Area" and as described in Exhibit A, attached hereto, only for the purpose of
<br />installing and maintaining traffic control equipment, subject to conditions (a), (b), (c) and
<br />(d) below:
<br />(a) Whenever the exercise of this easement right results in the disturbing of
<br />the Easement Area, Grantee shall, as soon as reasonably possible, through
<br />the use of all reasonable efforts, maintain ingress and egress, restore the
<br />Easement Area at Grantee's sole cost and expense and return it to
<br />substantially its same condition which existed prior to said disturbance.
<br />(b) Grantor reserves the right for itself and its successors and assigns to
<br />occupy and use the within described Easement Area for any and all
<br />purposes whatsoever not inconsistent herewith. Subject to the parties'
<br />good faith, mutual consent to amend this Easement as circumstances may
<br />warrant, such consent not to be unreasonably withheld, conditioned, or
<br />delayed, and wherein the cost and expense shall be borne solely by the
<br />party seeking amendment, Grantor shall not make improvements or grade
<br />changes to the Easement Area that materially and adversely impact this
<br />easement right.
<br />(c) Grantor reserves the right, in the event the Grantor's future development
<br />necessitates or warrants in Grantor's judgment, at Grantor's expense, to
<br />relocate the easement premises and the facilities installed therein. Grantor
<br />may exercise this right by giving Grantee sixty (60) days prior written
<br />notice of the intention to relocate the easement, whereupon Grantee shall
<br />in good faith determine whether the relocated easement premises is
<br />reasonable, practical and serves as an adequate substitute, such
<br />determination to be in no event unreasonably withheld, conditioned or
<br />delayed, nor cause Grantor economic hardship. Nothing herein shall
<br />permit Grantor to revoke, rescind or prevent this easement right from
<br />being used for its intended purpose.
<br />(d) Grantee, for itself and its successors and assigns, covenants with Grantor,
<br />its successors and assigns, that Grantee will defend and provide insurance
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