1997 009 Ordinance - Laserfiche WebLink

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.. ~ ~ yv / n /J ~ _ 4. The Village agrees h t, d ing the Option Period, if ~ sewers are constructed along S.o_M. Center Road in front of the ~-y Property and any of the cost of said sewers are assessed against `'"1 abutting property owners, the Plaintiffs will not be assessed the .CL~-~ total assessable amount of any sewer assessment or hook up charges, but rather will only .assess the Plaintiffs that amount which shall be equivalent to two (2) comparable single-family uses, as compared to the average assessment made against single family uses located along S.O.M. Center Road within one half (1/2) mile of the Property. At the end of the Option Period, the full assessment amount {less any amounts paid) shall be assessed against the property in the manner t~rovided by the Ohio Revised Code, unless otherwise agreed in writing by the parties. Plaintiffs retain their right to examine any proposed assessment and appeal to the assessment equalization Board of the Village in a manner equal to any other property owner. 5. The Village agrees that the Village shall not attempt and shall not purchase or acquire the Property through eminent domain ~ proceedings, nor shall the Village modify, remove or revo e the special use permit regarding the Property. ~~~ ~ Q~ ~o .+,w0- 6. The Village will repeal Ordinance 91-35 a~oon as practicable, and any resolutions of Council to appropriate the Property by eminent domain proceeding. _Li~~ ~L~~ 7. This Agreement shall be construed under and in accordance with the internal laws of the State of Ohio. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal represen- tatives, permitted assigns and successors. This Agreement constitutes the entire agreement of the parties with respect to the .subject matter herein contained and supersedes and cancels all prior or contemporaneous understandings, agreements and discussions between the parties. Accordingly, the parties do hereby fully expect and anticipate that any court, in any hearing or proceeding in which the interpretation or enforcement of the Agreement is sought or requested, or otherwise at issue, shall apply strictly the so-called rule of "Parol Evidence" No modification, amendment or a waiver of any provision of the Agreement, and no consent to any departure by the Parties shall in any event be effective unless the same shall be in writing and signed by an authorized represen- tative of the Parties affected thereby, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein_ All terms and words used in this Agreement, regardless of the number and .gender in which they are used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the -3-