8434-10 Cleveland-First Suburbs - SID

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(4) Any and all resolutions, ordinances and notices required for the construction and installation of the Project, including the notice of the adoption of the resolution of necessity and the filing of estimated special assessments, any increase in the cost of labor and materials over the estimated cost, and the passage of the assessing ordinance, including but not limited to notices authorized and required by Sections 727.13, 727.16, 727.17, 727.24 and 727.26 of the Revised Code; (5) Any and all irregularities and defects in the proceedings; (6) The right to strict construction of proceedings specified by Section 727.40 of the Revised Code (the Owner hereby requesting and agreeing that the proceedings for the Project and the levying of the Special Assessments be liberally construed in all respects); (7) Any waiver of the lien of the Special Assessments after two years as specified by Section 727.34 of the Revised Code, (the Owner hereby requesting and agreeing that such lien against the property it owns continues in force so long as any of the Special Assessments against it remains uncollected); and (8) Any and all rights, benefits and privileges specified by Sections 727.12, 727.15, 727.23, 727.24, 727.25 and 727.251 of the Revised Code, including but not limited to the filing of plans, specifications, profiles and estimate of cost relating to the Project, the preparation and filing of estimated assessments and the right to file objections to the proposed assessment or to the cost of the labor and materials for the Project, and the right to request a deferment of payment of those Special Assessments. The Owner further consents and request that (A) all legislation required to be enacted to permit the Project to commence immediately, be enacted at one Council meeting, including, without limiting the generality of the foregoing, the resolution of necessity specified in Section 727.12 of the Revised Code and the ordinance to proceed specified in Section 727.23 of the Revised Code, and (B) notwithstanding Section 727.24 of the Revised Code, the Project be undertaken. The Owner agrees that it will not contest, in a judicial or administrative proceeding, the Special Assessments levied against its properties for the Project. Date Name June _, 2010 City of Lakewood Portion of Benefit and Special Parcel Number Assessment 100% Amount of Special Assessment 7. Boundaries. A legal description of the parcels in the District and a definitive listing, as identified by parcel number, of properties to be included in the District are provided in Exhibit C. S. Miscellaneous. The undersigned acknowledge that the District is being created using the single petition option under the Act and that no further authorization by property owners will be required for the District to be created and the Plan to be implemented. 372R3R7v7