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R .~s~,. <,;; ,,.~, <br />. ' S A" <br />J ,~.~. b..,u <br />AGREEMENT <br />THIS AGREEMENT is made and entered into at North Olmsted, Ohio this 13 t hday <br />of June 1994, by and between the BOARD OF EDUCATION OF THE NORTH <br />OLMSTED CITY SCHOOL DISTRICT, a body politic and corporate duly organized and existing <br />under the laws of the State of Ohio, having an address at 24100 Palm Drive, North Olmsted, Ohio <br />44070, and the CITY OF NORTH OLMSTED, a body politic and corporate duly organized and <br />existing under the laws of the State of Ohio and its Charter, having an address at 5200 Dover <br />Center Road, North Olmsted, Ohio 44070. <br />WITNESSETH: <br />WHEREAS, the City has requested the Board convey certain real property to it for the <br />purpose of assisting the City in constructing a new firehouse and related site improvements, thereby <br />providing increased and improved fire protection services in the School District; and <br />WHEREAS, the Board has determined that the real property described in Exhibit A <br />attached hereto and made a part hereof (hereinafter referred to as the "Premises") is no longer <br />needed for school purposes; and <br />WHEREAS, the City has also requested the Board grant an easement across the Birch <br />Elementary School property to provide adequate storm and sanitary sewer service to the new <br />firehouse; and <br />WHEREAS, the Board has determined to convey the Premises to the City at a private <br />sale pursuant to Division (C) of Section 3313.41 of the Revised Code upon the terms and conditions <br />set forth in this Agreement; <br />NOW, THEREFORE, the Board and the City agree as follows: <br />Section 1. The Board shall convey the Premises to the City by the Board's good and <br />sufficient quitclaim deed substantially in the form attached hereto as Exhibit B (herein referred to <br />as the "Quitclaim Deed"). The Board shall convey the aforesaid easement for storm and sanitary <br />sewer purposes to the City by an instrument substantially in the form attached hereto as Exhibit C <br />(herein referred to as the "Easement"). <br />Section 2. As consideration for the conveyance of the Premises and the Easement, the <br />City promises and represents that it will widen the street entrance aprons of the driveways on the <br />Birch Elementary School site and will cause improvements to be made at the intersection of Palm <br />Drive and Columbia Road and at the intersection of Birch Lane and Coe Avenue, both by widening <br />the curb radii. <br />Section 3. The Board makes no representation whatsoever regarding the Premises <br />including, without limitation, the zoning applicable thereto, the propriety of any proposed uses <br />thereof, or the continuation of uses thereof, former or present, or the title or physical condition <br />thereof. <br />Section 4. The transaction contemplated by this Agreement shall be closed on or before <br />June 30, , 1994. <br />Section 5. The City shall cause the Quitclaim Deed and the Easement to be filed for <br />record in the office of the Recorder of Cuyahoga County, Ohio and furnish recording data <br />information to the Treasurer. <br />