2011 002 Ordinance - Laserfiche WebLink

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wetlands on such parcel. The expected impact of the R.O.W. is not known at this time, and the parties agree to coordinate further in the design and development thereof, if and when the Progressive-owned parcel is developed by Progressive or its successors or assigns. Progressive agrees to use its best efforts to transfer to the Village deposits in the amount of $43,120 that Progressive has previously made with the Ohio Wetlands Foundation for certain wetlands mitigation credits, subject to the approval of the Ohio Wetlands Foundation under its agreement with Progressive. Progressive agrees to maintain and renew such agreement as may be required by the Ohio Wetlands Foundation, provided, that no additional deposit or funding is required to be made by Progressive in connection therewith. If such deposits are so transferred, such funds shall first be used in connection with the mitigation of wetlands impacted in connection with the development of the + 3.4 acres identified above, and any funds remaining after such mitigation obligations are satisfied may be used by the Village in its discretion. Progressive shall have no further financial obligation with respect to any wetlands mitigation. in connection with said + 3.4 acres parcel, unless specifically agreed by Progressive in writing. The Village will promptly file the required application for permits with respect to the impacts resulting from the Library driveway. With respect to the development of the R.O.W. and any wetlands mitigation that may be necessary in connection therewith, the parties agree to coordinate on any required applications for permits if and when the Progressive-owned parcel is developed by Progressive or its successors or assigns. 5. Construction of Roadway. The Village agrees to affirm the requirements for the construction of the Roadway set forth in the Development Agreement, assuming that an appropriate T.I.F. Agreement is in place to cover the cost thereof. The Village and Progressive, or its successor or assigns, agree to work together to accomplish the design and construction of the Roadway. 6. All-Purpose Trail. In addition to the APT mentioned above, Progressive also agrees to convey a second easement traversing Progressive's "Discovery" Building located on Beta Drive to replace the current License Agreement that is in place. The Parties agree to enter into an Easement Agreement based upon the current location of the APT on such property. The Village will be responsible for the necessary surveying and site plan work for this APT Easement Agreement. 7. Demolition of Building. Prior to the property transfers contemplated by Sections 2 and 3 above, the Village agrees to finally resolve and extinguish the rights of any third party to salvage relating to the building on the Adjacent Property, as provided in the Court's Journal Entry attached hereto as Exhibit "D". Thereafter, the property transfers will be consummated as provide above, and Progressive will then promptly raze said building and remove all debris from the property. The Village will 4