94-085 Ordinance - Laserfiche WebLink

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Section 6. The City shall be responsible for any and all costs involved in this conveyance, including, but not limited to, the costs of surveys, title searches, legal fees, preparation of deeds and legal descriptions and the obtaining of necessary permits and approvals, and the cost of recording the Quitclaim Deed and the Easement in the office of the Recorder of Cuyahoga County, Ohio. Section 7. Possession of the Premises shall be delivered by the Board to the City on the Closing Date. From and after the date hereof, the City shall have the right, at its sole cost and expense, for itself and its duly authorized representatives, at reasonable times and with the prior written approval of the Superintendent of Schools, to enter upon the Premises for the purpose of investigating the nature of the Premises, including without limiting the generality thereof, making tests, borings, inquiries and examinations to determine whether the elevation and soil conditions are sufficient. Section 8. The Easement shall only be used for the installation, use, inspection, repair, replacement, maintenance and alteration of a storm sewer and a sanitary sewer to serve the Premises. Upon and after any use of the Easement the City shall restore areas of the surface of the Easement to a level condition by paving or seeding the surface thereof to a condition substantially consistent with the condition of such areas prior to being disturbed. Section 9. All understandings and agreements heretofore had between the parties hereto with respect to the Premises are merged into this Agreement, which alone fully and completely expresses their understanding. Section 10. This Agreement shall not be modified or amended except by a written instrument duly executed by the parties hereto. Section 11. If any provisions of this Agreement or the application thereof to any particular circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 12. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns, as the case may be. Section 13. This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Ohio. CITY OF NORTH OLMSTED, OHIO BOARD OF EDUCATION OF THE NORTH OLMSTED CITY SCHOOL DISTRICT, OHIO By: r By: c=~~~~ Director of Finance ayes riswold -2-