2005 039 Ordinance - Laserfiche WebLink

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U.S.C. section 1251 et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. section 1101 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq., the Toxic Substances Control Act, 15 U.S.C. section 2601 et seq., the Oil Pollution Control Act, 33 U.S.C. and Ohio or any other comparable local, state, or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. (c) Repair: The Village shall, at its expense, immediately repair and restore any portions of the Easement Areas or any portion of the AIK-SOM Property damaged or otherwise disturbed by the Village, or any agent, employee, or user thereof, during its or their Management Activities or during its or their use of the Bike Path Area, or arising from the exercise of its rights under the herein granted easements. (d) Liens: The Village sha11 not, directly or indirectly, create or permit to be created, or to remain, and will promptly discharge, at its expense, any lien or encumbrance on the AIK-SOM Property. Notice is hereby given that AIK-SOM will not be liable for any labor, services or materials furnished or to be furnished to the Village, and no mechanics' or other liens for any such labor, services or materials shall attach to or affect the interest of AIK-SOM in and to the AIK-SOM Property. 5. Assi nment. The Village shall not assign its rights pursuant to this Agreement and the herein grants of easement without the prior written approval of AIK-SOM, which approval shall be made in AIK-SOM's sole discretion. Under no condition may the Village transfer its rights created pursuant hereto without, as a condition of the transfer, requiring that the Purposes continue to be carried out pursuant to the terms and conditions of this Agreement. If the Village shall cease to exist or if it fails to be a"qualified organization" for purposes of Ohio Revised Code Section 5301.69 and/or Internal Revenue Code Section 170(h)(3) or if the Village is no longer authorized to acquire and hold conservation easements or if the Village fails in accomplishing the Purposes of this Agreement as determined by a Court of competent jurisdiction, then this Agreement and the herein grants of easement shall become vested in another entity chosen by AIK-SOM which shall be a"qualified organization" for purposes of the Internal Revenue Code and Ohio Revised Code. 6. Notices. Any notice, demand or other communication that either party desires or is required to give the other shall be in writing and either served personally or sent by. first class mail, postage prepaid, addressed as follows: If to AIK-SOM to: SOM COURT DEVELOPMENT CORP. c/o Alvin I. Krenzler 28099 North Woodland Pepper Pike, Ohio 44124 If to the Village to: Mayfield Village c/o its Law Director, Joseph W. Diemert, Jr. 1360 SOM Center Road Cleveland, Ohio 44124-2189 Or to such other addresses as the parties from time to time shall designate by written notice to the other parties. CLEV1997 1472356 S.DOC 8