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ORDINANCE NO. 2008-09 INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN EASEMENT AGREEMENT WITH PROGRESSIVE DIRECT INSURANCE COMPANY AS AND FOR THE RIGHT OF THE VILLAGE TO OBTAIN AN EASEMENT OVER PROGRESSIVE PROPERTY AND FOR PROGRESSIVE TO OBTAIN AN EASEMENT OVER VILLAGE PROPERTY. WHEREAS, Progressive Direct Insurance Company ("Progressive") is interested in a perpetual easement over Village-owned property known as Permanent Parcel No. 831-11-009 for purposes of constructing, operating, maintaining and repairing an underground fiber optic or other telecommunication line or lines and related installations to facilitate its access to certain utility lines along Highland Road from its Progressive Discovery building located on Beta Drive; and WHEREAS, as consideration for the Village granting a perpetual easement as requested by Progressive, Progressive has agreed to provide the Village a perpetual easement for the same purposes along its property known as Permanent Parcel Nos. 831-11-031 and 831-13-015, which is adjacent to the Village's parcel on Highland Road which will facilitate the installation of future fiber optic cables throughout the Village; and WHEREAS, in addition to the granting of a perpetual easement for said purposes, Progressive, at its sole cost and expense, will include an additional two-inch conduit along the Progressive easement and the Village easement for the Village's sole use; and WHEREAS, Progressive and the Village have agreed to enter into an Easement Agreement detailing the provisions herein to allow the use of certain property owned by the Village and owned by Progressive for said purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The Village of Mayfield hereby authorizes and directs the Mayor to enter into an Easement Agreement with Progressive Direct Insurance Company whereby the Village and Progressive Casualty Insurance Company have agreed to grant each other perpetual easements on each other's land to construct, operate, maintain and repair an underground fiber optic or other telecommunication line or lines and related installations of certain parts of their respective premises known as Permanent Parcel Nos. 831-11-031 and 831-13-015 ("Progressive Property") and Permanent Parcel No. 831-11-009 ("Mayfield Village Property") in the form as set forth in the Easement Agreement attached hereto and incorporated herein by reference as Exhibit "A".