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EXHIBIT <br />FIRST AMENDMENT <br />TO <br />AGREEMENT <br />BETWEEN <br />COUNTY OF CUYAHOGA, OHIO <br />AND <br />CITY OF NORTH OLMSTED <br />FOR <br />RESURFACING OF CLAGUE ROAD <br />FROM LORAIN ROAD TO MARION ROAD <br />This First Amendment (the "Amendment'), effective as of the latest date of signature of the <br />Panics to it (the "Effective Date"), is made and entered into by and between Cuyahoga County, Ohio <br />a body corporate and politic and a political subdivision of the State of Ohio organized and existing <br />under the Charter of Cuyahoga County effective January 1, 2010, as same may have been amended, <br />modified, and supplemented to the effective date hereof, on behalf of the Department of Public Works <br />(the "County") and the City of North Olmsted, a municipal corporation of the State of Ohio <br />("Municipality"). <br />RECITALS: <br />WHEREAS, on or about February 8, 2022, the County and Municipality entered into a <br />cooperative agreement for resurfacing of Clague Road, from Lorain Road to Marion Road, in the <br />City of North Olmsted (the "Agreement'); and <br />WHEREAS, the County and Municipality desire to enter into a First Amendment to revise <br />their respective responsibilities under the terms of the Agreement; and <br />WHEREAS, the County and Municipality agree to perform their obligations under the terms <br />and conditions stated herein. <br />NOW, THEREFORE, for valuable consideration the validity and sufficiency of which is <br />hereby acknowledged, the County and Municipality agree as follows: <br />A. The original Agreement, together with this Amendment, are herein collectively <br />referred as the "Agreement." The foregoing recitals are incorporated in the Agreement <br />as if fully rewritten herein. <br />R. The provisions of this Amendment are incorporated into the original Agreement, as if <br />fully rewritten in the Agreement. All terns used in this Amendment shall be defined <br />