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3) If construction occurs on the "Midvale" property, Costanzo will only construct a <br />building that complies with the current zoning of the property which is "Office- <br />Laboratory" and with compatible architecture to that of Governor's Village (located <br />immediately to the west of North Commons Boulevard and the Midvale property), same <br />to be approved by the Village according to its Codified Ordinances and administrative <br />review procedures; and <br />4) Costanzo will be permitted to tap-in to the adjacent utilities on North <br />Commons Boulevard for no tap-in fees at the time construction occurs as the "Midvale" <br />property conveyed to him, herein; and <br />• 6) Costanzo will vacate 500 SOM.Center Road prior to ~r 1, 2006; and <br />subject himself to enforcement of this provision by applicable Court authority, and prior <br />~~~~~~ <br />to the ~r 1, 2006 date, the Village, or its designee, will have access to the <br />unoccupied portions of the property for development. Occupied portions of the property <br />shah mean those portions of the property utilized for the operations of the structure and <br />shall include but not be limited to the driveway, parking lot; the structure itself and <br />utilities servicing the structure over which the Village will not have access for <br />development unless the parties agree otherwise in writing; and <br />~. - 7) The Village agrees that Costanzo shah have salvage rights to the existing <br />building located at 500 SOM Center, Road upon its demolition; and <br />8) The Village shall pay the Court costs of this action; and <br />-2- <br />