2021-068 Ordinance - Laserfiche WebLink

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or clean-up of contaminants, hazardous materials, or wastes affecting the Subject Properties, or the soil, water, vegetation, buildings or personal property located thereon, whether known or unknown, as well as any personal injury or property damage related to such contaminants, hazardous materials or other pollutants. This element of the Agreement will survive the consummation and closing of this Agreement. 9. Certain portions of the Subject Properties are immediately adjacent or contiguous to the Interstate 480 or elements thereof, including bridge structures and approaches and drainage facilities. To assure the continued integrity of the Interstate highway, Grantee agrees that prior to any construction of any improvement or change in the land, Grantee will give Grantor notice and provide copies of plans for such improvement or change to allow Grantor to review and assure that there will be no adverse impact on the integrity of the Interstate Highway, including drainage facilities. This element of the Agreement will survive the consummation and closing of this Agreement. 10. In the event that that Grantor programs a project for the maintenance, repair or improvement of the Interstate Highway or with the bridge structure and approach that carry Butternut Ridge Road over the Interstate, or the bridge structure and approach carrying Stearns Road over Interstate 480 or with the Stearns Road interchange, including ramps, and such project requires entry or use of portions of the Subject Properties, Grantor will provide Grantee no less than six months' prior notice of such plans together with a copy of final plans for review; and Grantee agrees to cooperate with Grantor in providing a Right of Entry or Temporary Easement Agreement for such work as a donation to the improvement. 11. Certain portions of the Subject Properties abut the limited access right of way lines of Interstate 480 as established both on the Right of Way plan sheets as well as by Director's Journal Entry filed under Revised Code Section 5511.02, and are landlocked, namely Parcels 756A -EL (ER), 756B-EL(ER), 122 -EL, 123-126 EL(ER). Access to such properties from Interstate 480 will remain under the control of Grantor. Other portions of the Subject Properties may adjoin other roadways that abut or join the Interstate 480 right of way, To the extent that Grantee will have testing, investigations soil sampling or other survey work performed prior to conclusion of this transaction and conveyance of title, Grantee will be required to obtain a permit under Revised Code Section 5515.01 (Maintenance and Repair (M & R) 509 for all testing and investigation activities on any and all parcels of land covered by this Agreement and for permitting access to the parcels from Interstate 480 or through limited access right of way lines. ODOT shall review and act on the application for permit in an expedited manner, provided Grantee provides any and all require information about access, testing activities, movement or parking of vehicles and equipment, and especially maintenance of traffic so as not to impact safe travel on the highway. Grantee shall consult with the ODOT District Permit Technician about the details of the application process and information and documents necessary for review. Furthermore, if the transaction intended by this Agreement is not concluded and Grantee has performed such testing and investigations, Grantee shall restore the property as near as possible to the condition it was in prior to such activities. Page 5 of 9