2021-068 Ordinance - Laserfiche WebLink

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11.1 Following the conclusion of this transaction, if it is necessary for Grantee or its consultants, agents, contractors or subcontractors to access any portions the Subject Properties to perform construction or maintenance of any improvements on or usesby the Grantee, Grantee will be also be required to apply for and obtain an access permit from Grantor and to provide plans related to such access and management or control of traffic for such purposes. This element of the Agreement will survive the consummation and closing of this Agreement. 12. Conditions of fee conveyance with reversionary interest: Because some or all of the Subject Properties were acquired using funding from the Federal Highway Administration and/or are considered to have been acquired as right of way for an Interstate Highway and where fair market consideration is not being paid by Grantee, as in this transaction, certain conditions on the conveyance of fee title are required under 23 CFR 710.409, namely a condition of continued public ownership and use with reversion of the property to the State upon a failure to continue such public ownership and use. Grantee has proposed use of the Subject Properties in the development and implementation of a public retention and/or detention facilities to improve for storm water management and/or sanitary sewer infrastructure. Moreover, Grantor has previously entered an Assurance Agreement with the Federal Highway Administration under which certain covenants of non-discrimination must be contained within a conveyance of real property when the Grantor retains any interest therein. Grantee understands and agrees that the fee conveyance by Director's Deed shall be subject to the following conditions with reversion upon breach of such conditions or covenants: A. CONTINUED PUBLIC USE If Grantee should ever fail to retain or maintain public ownership or use the Properties for a public purpose, then and in that event Grantee shall be divested forthwith of all of that specific property or properties of which public ownership or use has ceased and thereupon all of the rights, titles and interests conferred upon and vested in Grantee by this conveyance in such property or properties shall revert immediately to the State of Ohio and its successors and assigns for the use and benefit of the Department of Transportation. Reversion of title to such property or properties shall be accomplished by the recording of an affidavit documenting such event consistent with Revised Code Section 5301.252. B. NONDISCRIMINATION Grantee, City of North Olmsted, Ohio, for itself and its successors in interest and assigns, as a part of the consideration being provided to Grantor for the instant conveyance of the Subject Properties, does hereby covenant and agree that: (a) No person on the grounds of race, color, national origin, sex, age, disability, low- income status or limited English proficiency shall be excluded from participation Page 6 of 9