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NOW, THEREFORE, In consideration of ($1.00) ONE DOLLAR and
other good and valuable considerations paid by the parties of the
second part, the receipt of which is hereby acknowledged, and in
consideration of the sum of ($1.00) ONE DOLLAR paid by the parties
of the first part to the parties of the second part, receipt of
which is hereby acknowledged, the said parties do hereby enter
into the following stipulations and agreements concerning a party
wall contract:

(1) The parties of the first part shall construct a party wall
to be equally located on the property of the parties of the first
and second parts. The same shall be sixteen (16) inches in width
and shall be a masonry wall of solid concrete block eight (8)
inches of which shall be located on the property of the parties of
the first part and eight (8) inches on the property of the parties
of the second part.

(2) This wall is to be two feet higher than the roof of the
Kent building. The additional height shall be twelve (12) inches
in thickness after the joists of the Kent building join in the
wall of the Kroger building and the top shall be coped with terra
cotta coping.

(3) Each of the parties shall have the privilege of increasing
the height of their respective buildings in the future by extending
the height of the present party wall. All expenses incurred in
the construction and maintenance of any addition to the height shall
be borne by the party making the same; provided, however, that
should the other parties decide to increase the height of their
building at the same time or at a future date, the said other
parties shall bear 50 per cent of the cost of said extension in
height, for that portion of the said higher wall actually used by
them. Said payment is to be made upon completion of said other
parties' addition to their building. Each of the parties hereby
consents to and gives to the other parties and their heirs and