06/09/1988 Meeting Minutes - Laserfiche WebLink

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2 total cost of the Improvement be allocated among and assessed on our proper- ties in those proportions: and (iv) agree to include in any deed conveying any of our properties on which the lien of those special assessments is imposed as described below, a covenant running with such property to timely pay the installments of those assessments as they come due and acknc~+leegng that the aggregate of the unpaid installments of such assessments are a valid lien on such property. We, individually and collectively, consent and requsst that these special assessments be levied and collected without lmitata~ as to the value of the property assessed, and waive all the following relating to the Improve- ment and the special assessments: (1) any and all rights. benefits and privileges specified by Sections 727.03 and 727..06 of the revised Code or by any other prov:isian restricting these special assess- ments to 33-1f 3~ of floe actual inpr~-ed value of the lots and lands as enhanced try the Impr®vement; (2) any and all rights, benefits and privileges specified by section 727.04 t+f the 8~sed Cade ar by any other provision limiting sprrciai assa~sments far re- improvement when a special asses:st has tyeen levied and paid previously; (3) any and all damages or claims for damages of whatsoever kind, character or description resulting from the Improvement cr the making of the Improvement, including but not limited to all rights, benefits and privileges specified by Sections 727,18 through 727.22 and Section 727.43 of the Revised Code; (4) any aZd all resolutions, ordinances and notices required for the making of the Improvement, including the notice of the adoption of the resolution of necessity and the filing of estimated special assessments, the equaliza- tion of the estimated special assessments, any increase in the cost of labor and materials over the estimated cost (except as prtrvided below), and the passage of the assessing ordinance, including but not limited to notices authorized and required by Sections 727.13, 727.16, 727.17, 727.24 and 727.26 of the Revised Code; and (5) any and all irregularities and defects in the proceedings. Notwithstanding any of the above, if the lowest and best bid for the contract. for labor and materials for the construction of the Improvement exceeds by 10+~ or more ti:e estimated cost thereof, then we shall have the right to cancel and withdraw from the obligations contemplated by this petition by written notice delivered to the Council within 15 days after receipt of notice from the City t hat such lowest and best bid so exceeds the estimated cost, without any liability except liability for the costs of planning, engineering and legal services in connection with the Improvement ~• : ~ . F