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ORDINANCE NO. 2010-37 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AUTHORIZING AND DIRECTING THE MAYOR <br />TO Ele1TER IIrTTO AMENI2MENT NO. 1 TO THE <br />DEVELOPMENT AGREEMENT EliTTERED INTO WITH <br />PROGRESSIVE CASUALTY INSURANCE COMPANY. <br />WHEREAS, on or about March 27, 1998, pursuant to Ordinance No. 1998-10, and <br />subsequently amended thereafter on or about July 7,1998, pursuant to Ordinance No.1998-14, <br />Mayfield Village entered into a Development Agreement with Progressive Casualty Insurance <br />Company regarding the development of what is now more commonly known as Campus 2; <br />and <br />WHEREAS, pursuant to that Development Agreement, the parties contemplated <br />Progressive's construction of a Fitness Center and Progressive allowing residents of the <br />Village to use the Fitness Center subject to any conditions and limitations of a type <br />customarily imposed by owners and operators of fitness facilities; and <br />WHEREAS, at this time, Progressive has requested a modification to the Development <br />Agreement, specifically to identify certain other conditions and limitations upon the use of the <br />facility by Mayfield Village residents in order to correspond with Progressive's Human <br />Resource Policy on access to the Progressive facility for employees following termination <br />from employment; and <br />WHEREAS, the Village deems it in the best interest of the Village to authorize <br />entering into Amendment No. 1. <br />NOW, THEREFORE, L?E IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: <br />SECTION 1. That the Mayor and President of Council are hereby and herein <br />authorized and directed to entered into Amendment No. 1 to the Development Agreement as <br />more fully set forther in Exhibit `5A" attached hereto and incorporated herein by reference. <br />SECTION 2. The Council finds and determines that all formal actions ofthis Council <br />relating to the adoption of this Ordinance have been taken at open meetings of this Council; <br />and that deliberations of this Council and of its committees, resulting in such formal action, <br />took place in meetings open to the public, in compliance with all statutory requirements <br />including the requirements of SeGtion 121.22 of the Ohio Revised Code.