Laserfiche WebLink
1. Conveyance of the Parcel. OMP agrees to sell the Parcel to the City for the sum of <br /> ten thousand dollars($10,000.00)payable at a closing to occur on or before May 1,2024 or such other <br /> date mutually agreed to by the Parties. The City shall provide a survey of the Parcel acceptable to <br /> OMP prior to the closing. All closing costs and expenses related to the survey shall be paid by the <br /> City. <br /> 2. Visual Barriers. The City shall, at its sole expense, plant, maintain and replace <br /> when necessary, a line of approximately one hundred and twenty Emerald Green Aborvitae trees <br /> (or a similar variety approved by OMP)between the trail and the Plant in the Area of Interest in <br /> accordance with the landscape plan attached hereto as Exhibit A to provide a visual and sound <br /> barrier for users of the trail as they travel alongside the Plant. At the time of planting, the trees <br /> shall be a minimum height of two feet and separated by approximately ten feet. The trees shall <br /> be watered and maintained by the City in a such a manner to grow at maturity to an average height <br /> of approximately fifteen feet and an average width of five feet. The commitments made in this <br /> Section 2 of the MOU shall be included as covenants running with the land in the deed recorded <br /> in connection with the conveyance of the Parcel. <br /> 3. Acknowledgment of OMP's Pre-Existing Use. The City acknowledges that the <br /> Plant and OMP's operations predate the Trail Project. The City's decision construct trails in the Area <br /> of Interest which is anticipated to bring residents and tourists more frequently in close proximity to the <br /> OMP's operations at the Plant was made by City officials with full and adequate knowledge of the <br /> conditions individuals may observe or experience within the Area of Interest due to nearby and <br /> preexisting manufacturing and industrial activities. OMP makes no covenants, representations or <br /> warranties to the City or any third parties herein or in connection with the conveyance of the Parcel <br /> about the nature and scope of its current or future business operations or practices associated with the <br /> Plant. Notwithstanding the Trail Project,OMP reserves all rights to operate,expand and/or modify its <br /> business operations and practices associated with the Plant in compliance with all applicable laws and <br /> regulations. <br /> 4. Covenant Related to City Actions. The City shall not under common law or under <br /> current or future laws, regulations or ordinances seek to impose fines, injunctions or other legal <br /> remedies against OMP, or its parent, subsidiary or affiliate companies, based upon observations or <br /> complaints related to allegedly annoying or offensive sights,sounds,odors or fugitive dust emissions <br /> perceived to adversely impact the use and enjoyment of the trail in the Area of Interest. This MOU <br /> shall not affect the rights or remedies of individuals or entities other than the City and its political <br /> instrumentalities. All claims, rights and remedies available to the City, now or in the future, as to <br /> conditions beyond the Area.of Interest are expressly reserved and shall not be affected by this MOU. <br /> 5. Execution and Delivery. It is the intent of the Parties that this MOU may be <br /> executed in multiplecounterparts and that PDF or other electronic delivery of signatures shall be <br /> sufficient to bind the parties hereto. <br /> [signatures on following page(s)] <br /> 2 <br />