February 3, 2026 Regular Meeting Agenda

The next regularly scheduled Planning Commission meeting is Tuesday, March 3, 2026, at 7 PM. Voting Order J. Lissner H. Ma S. Orille C. Raymond M. Reynolds Mayor Spaetzel J. Leitch CITY OF AVON LAKE PLANNING COMMISSION 150 Avon Belden Road Avon Lake, Ohio 44012 (440) 930-4110 AGENDA Tuesday, February 3, 2026 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Mr. Leitch, Ms. Lissner, Dr. Ma, Mr. Orille, Mrs. Raymond, Mr. Reynolds, Mayor Spaetzel, Director of Law Ebert, City Engineer Howard, Community Development Director Esborn, and Planning and Zoning Manager La Rosa. 3. APPROVAL OF JANUARY 6, 2026, MEETING MINUTES APPROVAL OF JANUARY 6, 2026, WORK SESSION MINUTES 4. COUNCIL REPORT 5. SWEARING IN PUBLIC COMMENTORS 6. TABLED OR POSTPONED CASES Case No. CPC-25-15, Shire Glen Green Management LLC, Major Subdivision Preliminary Plat Approval for Matthew’s Hollow Subdivision, located northeast of the Lear Road and Krebs Road intersection. Applicable Code Sections: 1214.05: Major Subdivision and 1238: Subdivision Design Standards apply. 7. OTHER BUSINESS Informational Update on Mixed-Use Overlay District 8. GENERAL PUBLIC COMMENT 9. ADJOURNMENT

1 January 6, 2026 MINUTES OF THE AVON LAKE PLANNING COMMISSION MEETING January 6, 2026 A regular meeting of the Avon Lake Planning Commission was called to order on January 6, 2026, at 7:00 P.M. in Council Chambers with Chairperson Ma presiding. ROLL CALL Present for roll call were Mr. Leitch, Ms. Lissner, Dr. Ma, Mr. Orille, Mrs. Raymond, Mr. Reynolds, Mayor Spaetzel, Director of Law Ebert, City Engineer Howard, Community Development Director Esborn, and Planning & Zoning Manager LaRosa. OATH OF OFFICE The Oath of Office was administered to newly seated members Ms. Lissner and Mr. Reynolds. Members were welcomed and congratulations were extended. ORGANIZATIONAL BUSINESS Mayor Spaetzel moved and Mrs. Raymond seconded to elect Dr. Ma as Chairperson. Motion carried, 7-0. Mr. Leitch moved, Ms. Lissner seconded to elect Mrs. Raymond as Pro-Tem Chairperson. Motion carried, 7-0. GENERAL CORRESPONDENCE & ANNOUNCEMENTS There were no announcements. COUNCIL REPORT Mr. Reynolds reported no Council update. SWEARING IN PUBLIC COMMENTERS Director of Law Ebert swore in applicants and members of the audience who plan to speak to items on the agenda. TABLED CASE Case No. CPC-25-15, Shire Glen Green Management LLC, Major Subdivision Preliminary Plat Approval for Matthew’s Hollow Subdivision, located northeast of the Lear Road and Krebs Road intersection. Applicable Code Sections: 1214.05: Major Subdivision and 1238: Subdivision Design Standards apply. Edward Pavicic, 1779 Granite Court, Westlake introduced Kevin Hoffman of Polaris Engineering & Surveying, 34600 Chester Road, Willoughby Hills Ohio who reported that several outstanding

2 January 6, 2026 items from the prior meeting had been addressed, including coordination with Avon Lake Regional Water and revisions relating to stormwater facility approach and documentation. Community Development Director Esborn concurred and provided an update on developments since the December meeting. He reported that the Fire Department had resolved the prior hydrant question, noting that the hydrant requirement was tied to an earlier three-lot concept and was no longer an issue under the current plan. He also explained that Avon Lake Regional Water had expressed concerns regarding water and sanitary lines located beneath the private drive along the northwest portion of the site; in response, the applicant revised the plans to relocate those lines, and Avon Lake Regional Water subsequently confirmed the change addressed their concern. Director Esborn noted that stormwater management remained the most significant outstanding topic. He stated that the applicant recently submitted proposed language for a stormwater maintenance agreement, and staff had reviewed it through the Development Review Committee. The Development Review Committee includes multiple departments (i.e. Fire, Police, Engineering, Building, Public Works, and Avon Lake Regional Water). While staff had previously preferred that stormwater facilities be located within a block owned by the homeowners’ association, he indicated the revised approach could potentially meet the City’s needs, provided the Law Department confirms the language is sufficiently strong. He added that staff also discussed incorporating deed restriction language so future property owners are clearly on notice of the ongoing maintenance and contribution obligations. Finally, Director Esborn addressed the wetlands discussion. He explained that staff had requested a wetlands delineation or mapping as part of the City’s information-gathering for Planning Commission review. The applicant provided an updated letter from the environmental consultant dated the day of the meeting and reflecting the current project name; however, the applicant continued to decline providing a formal wetlands delineation map. City Engineer Howard reiterated concerns regarding the absence of wetlands shown on the plans and the City’s ability to verify avoidance/protection without mapped locations. Discussion occurred among the applicant, staff, and Commission regarding whether a delineation map is required by ordinance versus requested as part of the staff and Commission due diligence under subdivision review criteria and design standards. Public Comment No new evidence was provided during public comment. Commission Discussion Commission members engaged in an extended and detailed discussion regarding several interrelated technical and procedural issues raised by the application. A significant portion of the discussion focused on the stormwater management approach, particularly the long-term enforceability of maintenance responsibilities. Commissioners asked how the proposed stormwater maintenance agreement would function over time, who would be legally responsible for maintenance if ownership changed, and whether the agreement alone would be sufficient. Staff explained that, in addition to the maintenance agreement, deed restriction language was being discussed so that future purchasers would be on clear notice of their obligations, and that these

3 January 6, 2026 provisions would be further reviewed and refined with the Law Department prior to final plat approval. The discussion then turned to wetlands information, where commissioners sought clarification on the difference between the environmental consultant’s letter stating that no wetlands would be impacted and staff’s request for a wetlands delineation or mapped location. Several commissioners expressed concern that, without wetlands shown on the plans, the Commission lacked the ability to independently verify avoidance and protection measures. Questions were raised about how the City or Commission could ensure compliance during construction if the location of wetlands were not documented, and how potential impacts would be identified or enforced if issues arose after approval. Commission members also discussed standard development review practices, noting that while a wetlands delineation may not be explicitly listed as a required submittal in the code, requests for additional information are commonly made as part of staff review and due diligence. Commissioners expressed concern about potential implications for the City if wetlands were later determined to be impacted, including regulatory enforcement, remediation requirements, or liability concerns, and emphasized the importance of having adequate documentation in the record to support the Commission’s findings. The Commission also discussed the sequencing of subdivision approvals, including the distinction between preliminary plat approval, improvement plans, and final plat approval. Commissioners asked what level of detail is typically required at each stage and whether wetlands mapping or related information could be addressed later in the process. While acknowledging that additional refinement often occurs during improvement plan and final plat review, several commissioners indicated that they needed sufficient information at the preliminary plat stage to determine whether the proposal meets the review criteria for major subdivisions and to make informed findings regarding site suitability and compliance with applicable standards. At the conclusion of the discussion, the applicant requested that the matter be tabled to allow additional time for his attorney to confer with City legal counsel regarding the wetlands delineation request and related legal considerations, prior to further action by the Planning Commission. Mrs. Raymond moved, and Ms. Lissner seconded to table Case NO. CPC-25-15 Matthews Hollow Subdivision, Major Subdivision Preliminary Plat to a future meeting. Motion carried (7-0). APPROVAL OF MINUTES Mrs. Raymond moved, and Mr. Leitch seconded to approve the December 2, 2025, meeting minutes as presented. Motion carried (4-0) with three abstenations. Ms. Lissner, Mr. Reynolds and Mayor Spaetzel abstained from voting as they did not attend the December meeting. OTHER BUSINESS Commission discussed concerns raised in consecutive meetings regarding allegations of bias or conflict raised late in proceedings. Commission discussed adding a standard procedural prompt at the start of presentations and public testimony to disclose any perceived conflicts or concerns early in the process. Planning and Zoning Manager La Rosa was asked to assist with adding standardized language for future agendas and meeting procedures.

4 January 6, 2026 GENERAL PUBLIC COMMENTS There were no general public comments offered. ADJOURNMENT Mrs. Raymond moved, and Mr. Leitch seconded to adjourn the meeting at 8:04 pm. Motion carried (7-0). _____________________________ _____________________________ Planning Commission Recording Secretary Chairperson Ma Kelly La Rosa

1 January 6, 2026 MINUTES OF THE AVON LAKE PLANNING COMMISSION WORK SESSION MEETING JANUARY 6, 2026 A work session of the Avon Lake Planning Commission was called to order on January 6, 2026, at 8:10 PM in Council Chambers with Chairperson Ma presiding. ROLL CALL Present for roll call were Mr. Leitch, Ms. Lissner, Dr. Ma, Mr. Orille, Mrs. Raymond, Mr. Reynolds, Mayor Spaetzel, Director of Law Ebert, City Engineer Howard, Community Development Director Esborn, and Planning & Zoning Manager La Rosa. 1. CONCEPTUAL PROJECT DISCUSSIONS Learwood Middle School – Conceptual Site Plan Overview Ryan Schmit of TDA Architecture presented preliminary concepts for a new Learwood School. He explained that the district is planning to consolidate the Troy and Learwood student populations onto the Learwood site. He described the planning work underway, including due diligence tasks such as a traffic study, site review, and preliminary technical coordination. Mr. Schmit reviewed existing site conditions, including the location of the current school building, existing parking areas, access drives, surrounding residential context, and the stadium and track area at the rear of the property. He noted that the rear portion of the site has historically remained largely undeveloped and provides the space needed for new construction. Mr. Schmit explained that the conceptual approach anticipates maintaining school operations in the existing building while constructing the new facility in the rear green space. After the new building is completed, students and staff will transition into the new facility, the existing building will be demolished, and the front portion of the site will be finalized. He reviewed a preliminary circulation concept that separates parent drop-off and pick-up traffic from bus circulation, describing this separation as an important safety feature intended to reduce vehicle conflicts. He also discussed a loop road concept to improve emergency service access around the building and noted that parking is being distributed to multiple areas of the site to better support day-to-day school use as well as community activities and events. Mr. Schmit then outlined the general building concept, describing a core academic portion and a more public after-hours portion of the building. He explained that the concept is intended to support controlled access and operational flexibility, allowing the district to secure academic wings while permitting community use of areas such as the gymnasium, dining, music, and related spaces. He also provided early exterior design concepts intended to reflect the community’s Lake Erie setting through materials, glazing, and architectural character. He indicated that future presentations would include more refined materials and sample boards as the design progresses. Commission members asked questions and offered preliminary feedback. Topics included planning for bicycle access and bike storage, accessibility considerations and how student support

2 January 6, 2026 and intervention spaces are placed within the building, roof type and long-term performance considerations, and potential interior design features that bring natural light and outdoor character into the building. Commissioners also discussed exterior lighting expectations, including limiting impacts to adjacent neighborhoods, and raised questions about parking use and operations. Mr. Schmit responded that lighting would be designed with modern cut-off fixtures and time controls, and that traffic and queuing issues were being addressed through the traffic study and likely roadway improvements, such as turn-lane widening. City staff noted that the traffic study would be shared with the City and reviewed in coordination with the Engineering Department. Mr. Schmit also asked procedural questions about the site plan review process, including timing, how comments would be received through the Development Review Committee process, and whether parcel consolidation might be required. Staff explained that review comments would be issued through the established workflow once the application was processed and that additional materials could continue to be uploaded as the project advances. Staff indicated parcel consolidation was not expected to be an absolute requirement but would be reviewed further. Big M Pizza: Preliminary Discussion of Proposed Outdoor Sand Volleyball Courts Mike Liptak owner of property at 153 Lear Road, and John Teel owner of Big M Pizza introduced the concept for an outdoor sand volleyball court on a vacant lot created by the recent removal of a house adjacent to Big M Pizza on Lear Road. Staff explained that the courts were being considered as an accessory use to the existing restaurant, rather than as a stand-alone use, and that the anticipated path forward would involve pursuing variances through the Zoning Board of Appeals followed by a Planning Commission site plan review. The applicants indicated they were seeking early Planning Commission feedback before proceeding further. Mr. Liptak described the site layout and how two courts could fit between the buildings, along with associated improvements such as fencing, landscaping, and operational planning. The concept was described as organized league-style play geared toward adult and young professional participants, primarily operating in the evenings. The representative discussed operational experience managing volleyball programming and described preliminary ideas for lighting, netting, and screening to control glare, prevent balls from leaving the court area, and limit neighborhood impacts. Discussion also addressed sound expectations and the intention to avoid amplified music or disruptive activity, with an anticipated evening closing time discussed as part of the concept. Commission members discussed how the proposal could relate to the City’s Comprehensive Land Use Plan and the Lear Road focus area, noting that an active outdoor amenity could contribute to revitalization and a more pedestrian-oriented atmosphere. At the same time, Commissioners identified key issues that would need to be addressed as the proposal advances, including parking demand and potential shared parking coordination with neighboring businesses, hours of operation, lighting design, and neighborhood buffering. City staff and Commissioners also discussed broader challenges in the Lear Road corridor related to traffic and streetscape conditions, as well as whether grant opportunities or other tools could support reinvestment in the area. Dr. Ma summarized the Commission’s general sentiment as supportive of exploring the concept due to its potential benefit to the area, while emphasizing that the project would require careful

3 January 6, 2026 attention to parking, noise, lighting, buffering, and variance-related considerations as it proceeds. 2. PLANNING AND ZONING CODE AMENDMENT / INFORMATION ONLY La Rosa noted that the Work Session packet included a reference packet of the 2025 zoning code amendments to assist with onboarding and to serve as a resource until codification is complete. There being no further business, the Work Session concluded at approximately 9:25 PM. _____________________________ _____________________________ Planning Commission Recording Secretary Chairperson Ma Kelly La Rosa

Memo TO: Members of the Planning Commission FROM: Kelly La Rosa, AICP, Planning & Zoning Manager DATE: January 29, 2026 SUBJECT: CPC-25-15, Shire Glen Green Management LLC, Major Subdivision Preliminary Plat Approval for Matthew’s Hollow Subdivision, located northeast of the Lear Road and Krebs Road intersection. ______________________________________________________________________ Since the Planning Commission’s last consideration of the Matthew’s Hollow Subdivision on January 6, 2026, staff and the City Engineer have continued correspondence with the applicant and their consultant regarding outstanding engineering review items. This correspondence is reflected in the email exchange attached for your reference. As clarified by the City Engineer, the remaining issue is not related to regulatory wetland jurisdiction, but rather whether the applicant has adequately addressed engineering review comments in accordance with Section 1214.05 (d), which requires that a preliminary plat demonstrate consistency with applicable engineering, drainage, and infrastructure requirements and that comments from reviewing agencies be sufficiently addressed before Planning Commission action. Specifically, the City Engineer has requested confirmation that the applicant’s consultant has reviewed the Preliminary Grading Plan dated December 29, 2025, and that conclusions regarding wetland impacts are based on that plan. The Engineer has indicated that this confirmation is necessary to complete the technical review of grading and stormwater assumptions underlying the proposed subdivision layout. As of the date of this memo, confirmation has not yet been provided, and engineering review therefore remains incomplete. Based on the information before the Commission this evening, including the outstanding engineering correspondence discussed, the Commission may now consider its options and entertain a motion. The sample motions provided below are for guidance only and do not imply a recommendation or predetermined outcome.

2 Motion 1 – Approval I move to recommend to the City Council that Case No. CPC-25-15, Shire Glen Green Management LLC, Major Subdivision Preliminary Plat for the Matthew’s Hollow Subdivision, be approved, finding that the proposed subdivision complies with applicable zoning and subdivision regulations and serves the public interest. Motion 2 – Approval with Condition I move to recommend to the City Council that Case No. CPC-25-15, Shire Glen Green Management LLC, Major Subdivision Preliminary Plat for the Matthew’s Hollow Subdivision, be approved subject to the condition that the applicant address the outstanding engineering review items and obtain final sign-off from the City Engineer prior to final plat approval. Motion 3 – Table I move to table consideration of Case No. CPC-25-15, Shire Glen Green Management LLC, Major Subdivision Preliminary Plat for the Matthew’s Hollow Subdivision, with the consent of the applicant, to allow additional time for the applicant to address outstanding engineering review items consistent with Section 1214 of the Codified Ordinances. These motions are intended to provide the Planning Commission with clear procedural options based on the current status of the record. Each option reflects the Commission’s discretion to determine whether sufficient information has been provided to support a recommendation to City Council at this time, or whether additional clarification is warranted to complete engineering review prior to further action. Please do not hesitate to contact staff if you have any questions or require additional clarification. Attachments: • Email correspondence titled “Confirming Grading Plan Sought as Basis for Letter.”

From: Matthew T. Viola To: Ted Esborn Cc: Gary A. Ebert; Kelly J. La Rosa; Chris Howard Subject: RE: Confirming Grading Plan Sought as Basis for Letter Date: Wednesday, January 28, 2026 3:14:40 PM Attachments: image001.png Thank you everyone. I can’t make any promises, but I will take a look at everything and speak with Ed. MATTHEW T. VIOLA, ESQ. Partner | Chair, Real Estate | KJK D 216.736.7253 | M 440.463.9054 | E mtv@KJK.com 1375 E 9th Street, 29th Floor | Cleveland, Ohio 44114 KJK.com | Confidentiality Notice Newsletter Sign-Up | KJK's Innovative Programs LinkedIn | Facebook | Twitter From: Ted Esborn <TEsborn@avonlake.org> Sent: Wednesday, January 28, 2026 11:13 AM To: Matthew T. Viola <mtv@kjk.com> Cc: Gary A. Ebert <GAEBert@avonlake.org>; Kelly J. La Rosa <klarosa@avonlake.org>; Chris Howard <choward@bramhall-engineering.com> Subject: RE: Confirming Grading Plan Sought as Basis for Letter Thanks Chris. And Matt, to clarify something I mentioned on the phone yesterday, I attached the review criteria for this case, highlighting #6, which is about whether the applicant has considered and addressed comments from applicable review agencies. I defer to Gary, but it seems possible that if Planning Commission members are focused on that criterion when making their decision, it’s not really about whether they have wetland information, but instead how adequately the applicant “considered and addressed” the City Engineer’s comments. That’s what I was trying to get across yesterday. I hope the Legacy Isle meeting went well last night. Ted From: Chris Howard <choward@bramhall-engineering.com> Sent: Wednesday, January 28, 2026 9:47 AM To: Ted Esborn <TEsborn@avonlake.org>

Cc: Gary A. Ebert <GAEBert@avonlake.org>; Kelly J. La Rosa <klarosa@avonlake.org>; mtv@kjk.com Subject: FW: Confirming Grading Plan Sought as Basis for Letter Ted, I would recommend that in the revised letter from HzW, it will need to clearly state that they have reviewed the Preliminary Grading Plan and that no wetlands are being impacted based on the Preliminary Grading Plan submitted. The current Preliminary Grading Plan needs to be attached with the letter from HzW. The applicant’s submittal needs to be in compliance with 1060.07 of the City of Avon Lake Codified Ordinances. Thanks, Chris L. Howard, P.E.,CPESC City Engineer Bramhall Engineering and Surveying Company City of Avon Lake Consulting Engineers 801 Moore Road Avon, Ohio 44011 Phone: (440) 934-7878 Fax: (440) 934-7879 Email: choward@bramhall-engineering.com From: Ted Esborn <TEsborn@avonlake.org> Sent: Tuesday, January 27, 2026 4:14 PM To: Chris Howard <choward@bramhall-engineering.com> Cc: Matthew T. Viola <mtv@kjk.com>; Gary A. Ebert <GAEBert@avonlake.org>; Kelly J. La Rosa <klarosa@avonlake.org> Subject: Confirming Grading Plan Sought as Basis for Letter Chris, Gary Ebert and I talked today on the phone with Matt Viola, who represents the developer of Matthew’s Hollow. Attached to this email is page 5 of 6 of the Matthew’s Hollow revised submission for Preliminary Plat approval, dated 12/29/25, labeled “Preliminary Grading Plan.” I know you’ve already confirmed for me that it is this grading plan that should be the

basis of a new HzW letter. But just to get everyone on the same page and encourage some action before next week’s meeting, could you reply all to this email and re-confirm that? Ted Ted Esborn Community Development Director Phone: (440) 930-4167 Mobile: (440) 396-2160 tesborn@avonlake.org _________________ 150 Avon Belden Road Avon Lake, Ohio 44012 www.AvonLake.org Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

CITY OF AVON LAKE P.P.N. 04-00-029-110-076 (RIGHT OF WAY) JOELLEMAGYAR & CHRISTOPHER TYRA INST: 2023-3005414 P.P.N. 04-00-029-110-077 #767 LEAR RD JEFF OGLESBEE & MICHELLE OGLESBEE INST: 2022-2007167 P.P.N. 04-00-029-110-079 #763 LEAR RD DATKO RESIDENTIAL SERVICES LLC AN OHIO LIMITED LIABILITY COMPANY INST: 2024-4005263 P.P.N. 04-00-029-110-080 #759 LEAR RD STEPHEN M & CONSTANCE L DATKO P.P.N. 04-00-029-110-081 #753 LEAR RD SHIRE GLEN GREEN MANAGEMENT LLC INST: 2025-5001147 P.P.N. 04-00-029-110-075 LEAR RD JOAN M MUSIAL INST: 2007-7092327 P.P.N. 04-00-029-110-082 LEAR RD STUART L & JANE E SHEARD P.P.N. 04-00-029-110-074 #31960 KREBS RD Krebs Road 50' "a public Right-of-Way" Lear Road 60' "a public Right-of-Way" Country Club Drive 60' "a public Right-of-Way" Plat Vol. 60, Pgs. 50-51 (1998) Sec. 20 Sec. 29 X X WV WV GV WV G EM WV WV WV WV G SAN SAN SAN SAN SAN G G G G G G G G G G G G G G W W W W W W W W W W W W W W W W W G G G G G G G G G G G G G G G G G G W W W W W W W W W W W W W W W W W W W W W W W W G G G W W W W W STM STM STM STM STM STM G G G G OH OH OH OH OH OH OH OH OH OH OH OH OH OH FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO OH OH OH OH OH OH OH OH G G G 638.66 637.49 635.81 634.70 633.65 633.03 632.73 633.14 633.14 633.14 633.16 633.12 632.72 632.95 633.44 633.31 633.22 633.48 633.15 633.28 633.41 633.68 633.39 633.80 631.59 633.46 633.81 633.33 631.52 632.02 633.31 633.74 631.69 633.32 633.69 633.09 632.09 632.37 632.38 633.06 633.14 633.32 633.09 633.28 633.16 633.57 633.39 632.82 633.18 633.24 633.18 632.85 633.00 633.10 633.07 633.22 633.11 633.02 633.38 633.96 633.68 632.87 633.03 633.14 633.48 632.91 633.09 633.40 633.50 634.27 635.56 636.40 637.21 636.03 636.57 636.80 636.85 636.98 636.47 634.94 633.86 633.93 634.03 633.60 634.34 633.40 634.13 634.01 633.15 633.25 633.31 633.31 633.40 633.89 633.33 633.26 633.58 633.31 633.64 633.36 633.66 633.74 633.86 634.10 634.04 634.19 633.96 633.69 634.12 633.65 633.82 633.62 633.61 633.61 633.82 633.86 634.10 633.81 633.76 634.13 634.18 633.88 633.90 634.31 634.22 634.31 634.16 634.32 634.41 634.37 633.72 633.68 633.84 633.91 632.75 633.03 632.11 632.11 631.93 632.32 632.46 632.59 633.16 632.34 631.96 633.27 632.91 632.73 632.38 632.29 632.33 632.41 632.37 632.52 632.96 632.97 633.37 633.43 633.24 632.90 632.86 632.59 632.61 632.68 632.93 632.83 632.95 632.89 633.39 633.22 632.84 632.96 632.95 632.71 632.82 632.86 632.88 632.86 634.63 635.37 635.47 635.36 635.28 632.99 633.58 633.21 633.02 632.71 632.52 632.29 632.55 633.07 632.97 632.55 632.35 632.02 632.31 632.63 632.25 632.58 632.96 632.94 633.34 633.67 634.19 633.98 633.42 633.94 633.40 633.94 634.38 633.95 634.25 634.03 634.34 634.02 633.80 633.35 632.85 633.14 632.98 632.67 633.05 632.13 632.53 632.98 632.71 632.64 632.81 632.73 632.64 632.62 632.65 632.77 632.77 632.53 633.11 633.03 632.62 633.21 633.05 633.32 633.58 632.95 633.40 634.30 633.71 634.07 633.84 633.84 634.39 633.73 634.14 634.19 634.38 634.52 633.71 632.77 632.98 632.68 632.15 632.19 631.82 632.05 632.39 633.01 633.02 633.88 634.24 633.72 633.64 633.22 632.61 632.25 632.18 632.32 632.32 632.39 632.52 632.82 633.30 633.32 633.16 633.80 633.96 633.65 633.61 633.16 632.84 632.30 631.94 631.95 631.89 631.92 632.21 632.74 633.07 633.60 633.96 633.73 632.93 632.96 633.04 632.79 632.54 632.13 632.10 632.30 632.40 632.48 632.71 632.94 632.96 632.99 632.98 632.94 633.95 633.90 633.63 632.98 632.51 632.00 632.03 631.87 631.78 631.84 631.96 632.14 632.58 633.23 633.57 633.67 632.80 632.74 632.76 632.76 632.71 632.72 632.18 632.32 632.34 632.42 632.56 632.64 632.60 632.75 632.68 633.16 633.10 633.11 632.43 632.21 632.07 631.80 631.74 631.96 631.92 631.96 632.11 632.18 632.93 633.09 632.59 632.63 632.52 632.58 632.64 632.52 632.50 632.60 632.65 632.66 632.49 632.47 632.60 632.17 632.61 632.07 632.14 632.06 631.86 631.93 631.95 632.06 632.12 632.18 632.06 632.48 631.74 632.26 632.58 632.32 632.40 632.53 632.28 632.24 632.50 632.39 630.64 632.55 632.82 630.82 632.81 632.18 632.10 632.77 630.88 633.26 632.72 633.28 633.26 632.48 633.20 630.72 632.93 632.17 632.45 633.23 630.05 632.91 632.46 632.84 629.80 630.04 632.29 633.31 632.48 632.19 631.58 631.59 632.28 630.02 630.11 632.43 632.29 629.84 629.34 632.36 629.32 633.75 634.17 634.25 633.99 634.13 40.3' 8.0' 13.4' 8.0' 17.4' Ex. Garage Ex. House FFL 638.02 Ex. Porch Ex. Asphalt Road Ex. Asphalt Road w/ Conc. Gutters and Curbs Ex. Asphalt Road w/ Conc. Gutters and Curbs Ex. Conc. Apron Ex. Conc. Ex. Conc. Ex. Swale Ex. Swale Ex. Swale Ex. Ditch Ex. Ditch Ex. Ditch Ex. Post & Wire Fence ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ Ex. 8" Water Main (per ~ ~ ~ ~ ~ ~ ~ Benchmark #2 FH TOP 635.60 Benchmark #1 STM MH RIM 633.98 637 636 635 634 633 633 633 636 633 633 633 632633 632633 632 631 633 632 631 632 633 631 632 631 632 632 632 630 631 632 632 631 632 633 634 634 633 634 633 633 633 634 633 633 633 634 632 632 634 633 634 634 632 634 634 Ex. 12" Water Main (per plan) Ex. 8" D.I. Water Main (per plan) Ex. 12" Water Main (per plan) Ex. FH Top 636.07 Ex. FH Top 636.77 Ex. FH Top 635.60 Ex. FH Top 635.42 Ex. 4" PVC Inv. 633.45 Ex. CBS Rim 633.36 12" Inv. 630.59 N 12" Inv. 630.13 W Ex. YD (full) Rim 632.81 Ex. CBS Rim 633.10 30" Inv. 627.83 SW 30" Inv. 627.79 N Ex. Beehive CBS Rim 632.10 12" Inv. 628.99 W 30" Inv. 627.55 N/S Ex. CBS Rim 631.43 Ex. CBS Rim 631.70 Ex. Stm MH Rim 634.06 30" Inv. 628.15 SW 30" Inv. 628.11 NE Ex. CI Gut 633.22 12" Inv. 629.15 E Ex. CI Gut 633.11 12" Inv. 629.15 E 12" Inv. 629.08 W Ex. CI Gut 632.78 12" Inv. 630.96 S Ex. CI Gut 632.68 12" Inv. 630.47 N 18" Inv. 630.40 W 18" Inv. 630.37 E Ex. CI Gut 632.79 12" Inv. 630.95 S Ex. CI Gut 632.66 12" Inv. 630.82 N 12" Inv. 630.80 S Ex. Stm MH Rim 633.98 18" Inv. 630.88 W 12" Inv. 630.84 N Ex. CBS Rim 632.60 12" Inv. 630.33 E Ex. CBS Rim (not obs.) 12" Inv. 630.85 N 12" Inv. 630.01 W 12" Inv. 629.89 E Ex. CBS Rim 632.58 8" Inv. 631.50 W 8" Inv. 631.44 E Ex. CBS Rim 632.18 6" Inv. 630.32 W Ex. 6" PVC Inv. 632.46 Ex. 4" Flex Inv. 633.67 Ex. 6" VCP Inv. 631.08 Ex. 8" PVC Inv. 631.23 Ex. 8" PVC Inv. 631.53 Ex. 8" PVC Inv. 631.60 Ex. 12" RCP Inv. 631.26 Ex. 30'-12" RCP Stm @ 1.37% Ex. 215'-12" Flex Stm @ 0.15% Ex. 24'-12" RCP Stm @ 0.54% Ex. 5'-12" RCP Stm @ -0.80% Ex. 36'-12" RCP Stm @ 1.36% Ex. 15'-8" PVC Culvert @ 0.47% Ex. 129'-30" RCP Stm @ 0.19% Ex. 26'-12" RCP Stm @ 0.27% Ex. 9-12" RCP Stm @ 1.78% Ex. 106'-30" RCP Stm Ex. 68'-30" Stm @ 0.17% (per plan) Ex. 62'-30" RCP Stm @ 0.45% Ex. 253'-18" RCP Stm @ 0.20% Ex. 94'-8" PVC Stm @ 0.29% Ex. San MH Rim 633.39 Ex. San MH Rim 633.59 12" Inv. 616.22 NE 12" Inv. 616.15 S Ex. San MH Rim 633.71 8" Inv. 616.58 S 12" Inv. 616.55 N Ex. San MH Rim 633.92 Ex. San MH Rim 637.74 Ex. 94'-8" PVC San Ex. 43'-8" or 12" San @ 0.38% (per plan) Ex. 223'-12" PVC San @ 0.18% Ex. Overhead Wire Ex. Overhead Wire Ex. Overhead Wire Ex. Overhead Wire Ex. Overhead Wire Ex. Overhead Wire Ex. 6" Gas Main (per plan) Ex. 6" Gas Main (field markings) Ex. 6" Gas Main (approx. location per plan) Ex. 8" Gas Main (approx. location per plan) Ex. 2" Gas Main (approx. location per plan) Ex. 6" Gas Main (approx. location per plan) Ex. 8" Gas Main (approx. location per plan) Ex. Gas Conn. (field markings) Ex. Buried Fiber Optic Line Ex. Underground Fiber Optic Line Marker Ex. Underground Fiber Optic Line Markers Ex. Underground Fiber Optic Line Marker Ex. Buried Fiber Optic Line Ex. Steel Box Assumed Gas Conn. Ex. Gravel Driveway Ex. Ditch Ex. San MH (Plan) FM FM FM FM FM ~ Ex. 8" Sanitary Sewer (Per Plan) Ex. 12" Sanitary Force Main (Per Plan) Matthew's Court Proposed 60' R/W 4' CONC. WALK PROP. 6" STM CONN. (TYP.) STM STM STM STM PROP. STM MH PROP. STM CI (TYP.) PROP. STM CI (TYP.) PROP. STM MH PROP. STM CB PROP. 172' STM SEW PROP. 200' STM SEW PROP. 24' STM SEW PROP. 24' STM SEW PROP. 5' STM SEW PROP. STM CB PROP. STM CB PROP. 176' STM SEW PROP. 200' STM SEW PROP. 95' STM SEW 634 634 634 635 635 635 632 PRIVATE 12'WIDE DRIVEWAY FOR S/L 1 & SEWER ACCESS DRIVE SUBLOT 1 FFL. GAR. 635.00 SUBLOT 2 FFL. GAR. 635.00 SUBLOT 4 FFL. GAR. 636.00 SUBLOT 5 FFL. GAR. 635.67 SUBLOT 6 FFL. GAR. 635.75 SUBLOT 7 FFL. GAR. 635.50 SUBLOT 8 FFL. GAR. 635.00 STM SUBLOT 9 FFL. GAR. 635.50 SUBLOT 10 FFL. GAR. 635.75 SUBLOT 11 FFL. GAR. 635.67 SUBLOT 12 FFL. GAR. 636.00 SUBLOT 13 FFL. GAR. 636.00 STM S.W.M. BASIN (in Easement) 634 634 SUBLOT 3 FFL. GAR. 636.00 27'W CONCRETE PAVEMENT W/ROLL CURBS R50.0 PROP. STM CB PROP. STM CB STM PROP. STM CB PROP. 183' STM SEW PROP. 147' STM SEW PROP. 100' STM SEW MAIL CBU LOCATION 635 635 632 632 635 633 635 635 635 635 633 633 633 633 635 634 NOTE: PROPOSED STORM WATER MANAGEMENT BASIN SHALL BE MAINTAINED BY THE HOMEOWNERS' ASSOCIATION FOR THE SUBDIVISION. 632 632 633 634 PROP. STM CB G G G G G G STM STM STM PROP. 214' STM SEW PROP. STM MH 634 634 634 634 635 634 634 635 635 635 634 635 633 633 634 633 632 631 629 628 633 GAS E E E E E E E ELEC G PROP. 94' STM SEW PROP.126' STM SEW PROP.105' STM SEW PROP.292' STM SEW PROP. 16' STM SEW PROP. 68' STM SEW PROP. STM CB PROP. STM CB PROP. STM CB PROP. STM HW PROP. STM CB PROP. STM MH PROP. STM MH 0+00 1+00 2+00 3+00 4+00 4+24 633 631 629 634 632 633 633 633 633 633 633 633 633 633 633 633 633 634 634 FG.634.0 FG.633.5 FG.633.42 FG.634.0 634 624 627 624 624 628 627 632 PROP. STM OUTLET STRUCTURE 638 635 635 635 635 636 636 638 635 635 635 STM PROP. 153' STM SEW 30' STM PROP. STM CB City of Avon Lake Ladder Truck SHEET OF CONTRACT No. www.polaris-es.com POLARIS ENGINEERING & SURVEYING, INC. (440) 944-4433 WILLOUGHBY HILLS, OHIO 44094 34600 CHARDON ROAD - SUITE D BY DATE REV. No. DATE: SCALE: FOLDER: FILENAME: TAB: DRAWN: 12/29/25 N/A DWG/Engineering KTH HOR. VERT. 1"=50' 05 06 24132 BNDY. BY: BASE. BY: RAT SRB 05-Grading 24132 Preliminary PREPARED FOR: SHIRE GLEN GREEN MANAGEMENT, LLC P.O. BOX 40186 BAY VILLAGE, OHIO 40186 PHONE: (440) 941-3340 CONTACT: ED PAVICIC SYMBOL LEGEND SH SCB MB WV Ex. Monument Box Prop. Light Pole Prop. WL Valve Prop. Hydrant Ex. Pine Tree Ex. Tree Ex. Bush Ex. Light Power Pole Ex. Power Pole Ex. Guy Wire Ex. Light Pole Ex. Electrical Box Prop. Curb Inlet Ex. Clean Out Ex. Catch Basin Ex. Manhole Ex. Yard Drain Prop. Storm Manhole Prop. Sanitary Manhole Ex. Water Meter Ex. Water Valve Ex. Gas Marker Ex. Fire Hydrant Ex. Mailbox Ex. Gas Meter Ex. Sign Ex.Telphone Box Ex. Storm Manhole Prop. Catch Basin Ex. Curb Inlet Ex. Sanitary Manhole Ex. Gas Valve Test Bore Well Guard Post Traffic Signal Pole Traffic Signal Box Sprinkler Control Box Sprinkler Head G GV w W E T C Irrigation Valve Ex. Stump Ex. Yard Light Cable TV Box Ex. Power Transformer Ex. Storm Inlet MH E Electrical Outlet Proposed Street Light TOPOGRAPHIC CERTIFICATION: I, THE UNDERSIGNED, HEREBY CERTIFY THAT THIS TOPOGRAPHY, INDICATED BY 1' CONTOURS, AND ELEVATIONS SHOWN HEREON, REPRESENT AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON THE 28TH DAY OF FEBRUARY, 2025, AND THAT THE ELEVATIONS WERE TAKEN AT APPROPRIATE INTERVALS AND THAT AS OF THAT DATE THEY EXISTED AS INDICATED HEREON. VERTICAL DATUM IS BASED ON NAVD88. RICHARD A. THOMPSON, JR., P.S. #7388 R R S O F E S I O N A L R E G I S T E S U R V E Y E D S T P A T E O F O H I O O R RICHARD A. THOMPSON JR. 7388 NOTE: THIS SURVEY SUBJECT TO CHANGE UPON RECEIPT OF ANY ADDITIONAL AVAILABLE UNDERGROUND UTILITY INFORMATION. EXISTING UNDERGROUND UTILITIES NOTE: THE SIZE AND LOCATION, BOTH HORIZONTAL AND VERTICAL OF THE UNDERGROUND UTILITIES SHOWN HEREON, HAVE BEEN OBTAINED BY A SEARCH OF AVAILABLE RECORDS. THE EXACT LOCATION OF UNDERGROUND FEATURES CANNOT BE ACCURATELY, COMPLETELY, AND RELIABLY DEPICTED HEREON. VERIFICATION BY FIELD OBSERVATION HAS BEEN CONDUCTED. WHERE PRACTICAL. HOWEVER, POLARIS ENGINEERING & SURVEYING, INC. DOES NOT GUARANTEE THE COMPLETENESS NOR ACCURACY THEREOF. 2 WORKING DAYS BEFORE YOU DIG CALL 8-1-1 OHIO UTILITIES PROTECTION SERVICE NON-MEMBERS MUST BE CALLED DIRECT O.U.P.S. REFERENCE A-133-302-354 PRELIMINARY GRADING PLAN MATTHEW'S HOLLOW SUBDIVISION CITY OF AVON LAKE - LORAIN COUNTY - OHIO NOTE: ANYONE USING ELEVATIONS ASSOCIATED WITH THIS PLAN SHALL UTILIZE & CHECK INTO BOTH BENCHMARKS FOR VERTICAL CONTROL. POLARIS SHALL BE NOTIFIED IMMEDIATELY OF ANY IRREGULARITIES. GRAPHIC SCALE (IN FEET) 1 INCH = 50 FEET 50 25 0 50 R R S O F E S I O N A L R E G I S T E E N G I N E E D S T P A T E O F O H I O E R KEVIN T. HOFFMAN 74831 STORM WATER MANAGEMENT EASEMENT THE LANDS DELINEATED ARE SUBJECT TO AN "AGREEMENT FOR INSPECTION AND MAINTENANCE OF STORMWATER DRAINAGE SYSTEMS & BEST MANAGEMENT PRACTICES" REQUIRED BY THE CITY OF AVON LAKE PER AGREEMENT ON SHEET 6 OF THIS PLAT.

ORDINANCE NO. 24-143 INTRODUCED BY: Mr. Arnold AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERIM DEVELOPMENT AGREEMENT WITH AVON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP AND DECLARING AN EMERGENCY. WHEREAS, Avon Lake Environmental Redevelopment Group (ALERG), as a Land Developer, and the City of Avon Lake seek to unite in the redevelopment of the former Avon Lake Power Plant into a mixed-use development containing a public park, multi- family residential, office and/or retail uses; and WHEREAS, Council, coming now to consider said Interim Development Agreement, approves it in full. NOW, THEREFORE, BE iT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Mayor is hereby authorized and directed to enter into an Interim Development Agreement with ALERG for the redevelopment of the former Avon Lake Power Plant, as attached hereto and made a part hereof. Section No. 2: That the Mayor is hereby authorized to execute such amendments to said Agreement and to take such action and to execute such other documents and amendments thereto as may be necessary and as are approved by the Law Director. Section No. 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees which resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 4: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of fulfilling the terms of the cost-sharing Memorandum of Understanding, thus for the health, safety, and welfare of the public. Therefore, this Ordinance shall be in full force and effect from and immediately after its passage and approval by the Mayor. 1 reading: 10/15/2024 2 reading: 10/28/2024 39 reading:

ORDINANCE NO. 24-143 PASSED: 11/12/2024 / resident of Council POSTED: 11/15/2024 APPROVED: 11/13/2024 ATTEST: Vikewe € Rory sd = Clerk of Council Mayor

INTERIM DEVELOPMENT AGREEMENT by and between A VON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP and CITY OF A VON LAKE, OHIO Dated as of November 13, 2024 22 122081 _I

INTERIM DEVELOPMENT AGREEMENT This lnterim Development Agreement is entered into by and between Avon Lake Environmental Redevelopment Group (the "Land Developer"), and the City of Avon Lake, Ohio (the ·'City''), dated as of November 13, 2024 (the ·'Agreement"). WHEREAS, the Land Developer and the City seek to cooperate toward the redevelopment of the former Avon Lake Power Plant into a mixed-use development containing a public park, multi-fam ily residential, office and/or retail uses. Now, therefore, for valuable consideration, the sufficiency and validity of which is hereby recognized, the Land Developer and the City agree as follows: I. Defined Terms. In addition to other terms defined throughout this Agreement, as used in this Agreement, the following terms shall have the meanings set forth below: a) "City" shall mean the City of Avon Lake, Lorain County, Ohio. a political subdivision of the State of Ohio and a cha11ered municipality. b) '·City Administration" or "City's administration" shall mean the Mayor of the City and the executive departments under the Mayor. c) '·City Council'' shall mean the legislative body of the City. d) ·'Property" shall mean the property depicted on Exhibit A attached hereto. For purposes of clarity, the Property does not include the property subject to the Submerged Land Lease. e) "Project" shall mean the development of the former Avon Lake Power Plant into a mixed- use development consisting of a public park. multi-fami ly residential, office and/or retail uses, substantially in accordance with the plan attached hereto as Exhibit B. t) "PILOT" or "PILOTS" shall mean payments in lieu of taxation under Ohio Revised Code ("R.C.") 5709.42. g) "Port Authority" shall mean the Lorain County Port Authority or another po11 authority that is engaged to issue debt serviced by the PILOTS associated with the Project. h) "Submerged Land Lease" shall mean the property subject to the Submerged Land Lease as assigned by the State of Ohio to Avon Lake Environmental Redevelopment Group, LLC (Charah Environmental Redevelopment Group. LLC) dated December 21, 1999. i) '·TTF" shall mean tax increment financing applicable to the Project. j) ·'TIF District" shall mean the area designated on Exhibit A-1 attached hereto. 22122081 _ I Page I of8

2. E nvironmental Remediation and Demolition. a) The Land Developer agrees to remediate the Property, including, but not limited to the Public Park areas, as defined in Section 3b) herein, to applicable standards for the Property"s intended use, in accordance with the requirements of the Ohio Yoluntaiy Action Program, Ohio Revised Code Chapter 3746 et~-, including all applicable regulations thereunder (collectively, the "Ohio VAP"). b) Prior to the closing of any transaction transferring ownership of the Public Park area referred to in Section 3b) hereof, the Land Developer and the City's environmental consultants shal I collaborate regarding the completion of environmental investigations and Land Developer's ·'Remediation and Demolition Plans", as defined in the non-binding letter of intent attached as Exhibit D hereto. Prior to the conveyance of the Public Park to the City (or, if the City desires, to the Lorain County Metroparks), the Land Developer shall perform all environmental assessment and remediation activities necessary to enable an Ohio V AP '·Certified Professional"' selected by the City (the "City's Ce11ified Professional''), to issue a No Fuither Action Letter for the Public Park (the "NF A Letter"') consistent with the Remediation and Demolition Plans. The City's Certified Professional will collaborate, in good faith, with any Ohio V AP Certified Professional representing the Land Developer, to confirm that the Public Park has been investigated and remediated to achieve applicable standards under the Ohio V AP for safe recreational use as a park open for public access, as provided in the Land Developer's Remediation and Demolition Plans, and as agreed and confirmed by the Ohio Environmental Protection Agency ("Ohio EPA") pursuant to technical assistance under the Ohio V AP ("Technical Assistance"). As will be provided in a purchase agreement between the parties, the Land Developer will pay all reasonable costs for the City's Certified Professional in connection with the NF A Letter and for Technical Assistance within thirty (30) days of any invoice therefore, which costs shall be reimbursable to the Land Developer through TIF funds. c) At the City" s option, and at the City's cost through the use of Tlf funding, as identified herein, the City may request the City's Certified Professional to submit the NFA Letter for a Covenant Not To Sue under the Ohio V AP from the Director of Ohio E PA (a "CNS .. ); provided, however, the issuance of a CNS shall not be a condition of the closing for the Public Park to be acquired by the City. The Land Developer and the City shall provide a reasonable escrow amount using TIF funding, as mutually agreed by the parties in a definitive agreement (the ·'Definitive Agreement") for the Public Park's acquisition. as contemplated in Exhibit D hereto, to address any additional costs necessary to secure the CNS for the Public Park after the closing. cl) After closing on the transfer of ownership of the Public Park areas, the City agrees to evaluate the use of available TlF funds, as it deems necessary, to achieve residential standards on po1t ions of the Public Park. 3. Zoning. The City's administration shall suppoti the Property Owner's application before the City Planning Commission and City Council for the adoption of an overlay zoning district which shall be made available to the Property in order to enable a mixed-use development on Lhe Property, including a public or publicly-accessible park. multi-fam ily residential. office 22122081 _ I Page 2 of8

and/or retail uses, as such overlay zoning district is set forth in Exhibit C attached hereto (the "Overlay District"). The City Council shall not unreasonably delay or condition its consideration of the adoption of the Overlay District. a) Simultaneous with. and as a condition of, the adoption of the Overlay District, the City" s administration shall initiate and support before the City Planning Commission and the City Council the rezoning of the Propetty to the zoning designation of ·'B-3 Special Commerce District". b) Tn connection with the adoption of the Overlay District, the City shall negotiate in good faith with the Land Developer for the acquisition of a public park on the Property in the approximately 23.22-acre area, as depicted on Exhibit B attached hereto (the "Public Park"). The City" s administration agrees to work with the Land Developer to acquire the Public Park lands on the Property, as provided in and subject to the terms of the non- binding Letter oflntent in Exhibit D attached hereto. The City's administration also agrees to evaluate acquiring the Land Developer's interest in the Submerged Land Lease. c) ln the event the City Council adopts the Overlay District and it is made available to the Property, the Property shall be developed only in accordance with a City-approved final development plan that is substantially in accordance with Exhibit B, and a written development agreement between the City and one or more yet-to-be determined vertical developer( s) (i.e., one or more developers who wi 11 construct, or contract to construct, the Project pursuant to a separate development agreement with the City) (the "Vertical Developer(s)"') that provides, among other things, the specifications of the public improvements, the use of TIF funds (except the use of TlF funds in connection with the Public Park), exceptions from strict zoning code compliance, timelines for completion of public and private improvements. and surety for construction and completion of the public improvements. 4. Tax-Increment Financing ("TIF''). The City Council 's adoption of a TIF Ordinance shall be a pre-condition of the development of the Project on the Property as such development is contemplated by Exhibit B. including the acquisition and development of the Public Park property. The City's administration shall initiate and support before the City Council, one or more ordinances pursuant to R.C. Section 5709.40, et~- (the "TlF Ordinance") and any other necessary legislation for tax-increment financing to assist the payment of the costs of the public improvements supporting the Project on the Property. The City Council shall not unreasonably delay or condition its consideration of the Tlf Ordinance's adoption; provided, however, the City Council shall have the right to approve or deny the adoption of the TIF Ordinance in its sole and absolute discretion vvith the understanding the Project may not be developed in the sole and absolute discretion of the Land Developer. a) The value and duration of the exemption granted by the TIF Ordinance (the "TIF Exemption'") with respect to the TlF District shall be contingent on the Avon Lake School District's approval of the TlF Ordinance as required by R.C. Section 5709.40. The City's administration agrees to support the Land Developer's efforts to secure the Avon Lake School District's agreement for the largest TIF Exemption feasible to support the Project. 22 122081 _I Page 3 of8

b) The City·s administration agrees to support, and if approved by City Council. the City's administration agrees to enter into a cooperative or other agreement with a Port Authority to assign the City's rights to the PILOTS and to transfer the PILOTS to the Port Authority or its designee to service debt issued by the Port Authority to monetize the TIF revenue. c) Notwithstanding any other provision of this Agreement to the contrary, the Land Developer agrees and acknowledges that the City is not expected to, required to and wil I not issue any debt or pledge the City's credit toward the monetization of the TTF revenues for the Project. 5. Use of TIF for Park Acquisition and Development. a) The Land Developer and the City's administration shall exercise their reasonable, good faith efforts to secure public or philanthropic grants to enable public acquisition and development of the Public Park on the Property ("Grant Funds"). The City's administration and the Land Developer mutually agree to reasonably cooperate in the pursuit of any such Grant Funds. b) Provided the TIF Ordinance is adopted by City Council, the T l F Ordinance shall provide for the use of TTF revenue toward the acquisition of the Public Park property, as depicted on Exhibit B and as contemplated by Exhibit D , attached hereto, by the City or, if the City desires. the Lorain County Metroparks, on the following terms: i) Tbe maximum amount of TlF revenue that may be used for Public Park property acquisition cannot exceed 25% of the total expected TIF revenue proceeds or $15 million, whichever is less. ii) It is understood and agreed that the City will not contribute any City funds toward the acquisition of the Public Park property. Any sum due for the purchase of the Public Park prope1ty not paid by grants shat I be pa id from the proceeds of bonds issued by the Po1t Authority that are serviced by the PILOTS. In no circumstance may the City be required to advance any funds for the assessment, remediation, demolition or acquisition of the Public Park property notwithstanding ,vhether such funds may be reimbursed via grants, TJF bond proceeds, or otherwise. iii) The TlF revenue also shall be used to make improvements to the Public Park property, as may be approved by the City, in the amount of at least $15 million. iv) The value paid for any acquisition of the land for the Public Park property as may be approved by the City shall be based on an objective, independent appraisal of the portion of the Public Park property for acquisition or as otherwise agreed upon 111 writing by the parties. v) it is understood and agreed that the City will not be expected to subsidize or otherwise incentivize the Project. other than incentivizing the Public Park property through the TlF and/or grants, in any manner other than the implementation of the TlF as provided herein. 22122081 _I Page 4 of8

vi) The City's acquisition of Public Park property shall be subject to a separate purchase and sale agreement to be negotiated and mutually approved by the parties and (subject to subsection iv above) generally consistent with the terms of the non-binding Letter of Tntent which is attached hereto and incorporated herein as Exhibit D or such other terms upon wh ich the parties may agree. vii) Any acquisition by the City of an interest in the Submerged Land Lease shall be subject to a separate agreement to be negotiated and mutually approved by the parties. viii) The Land Developer will pay all reasonable costs and expenses for the City's outside professionals participating in the Project, including outside counsel, environmental professionals, engineers and financial advisors participating in the TIF financing (the "City Costs"), pursuant to a separate Professional Services Reimbursement Agreement for Power Plant Redevelopment Project by and between City of Avon Lake, Ohio and Avon Lake Environmental Redevelopment Group. LLC dated May 2, 2023. as amended (the "Reimbursement Agreement"). The City Costs shall be identified in a budget (the ·'Budget") attached to the Reimbursement Agreement, which shall be prepared by the City for approval by the Land Developer (and which approval shall not be unreasonably denied, delayed or conditioned) and which Budget may be amended, from time-to-time, as the City deems necessary to close this transaction (subject to approval of each such amendment by the Land Developer (which approval shall not be unreasonably denied, delayed or conditioned). The Budget (and any amendment thereof) shall provide for the Land Developer to deposit with the City a retainer in the amount of $50,000.000 to be used by the City to pay the City Costs, which retainer shall, within thirty (30) days of written request by the City, be replenished by the Land Developer. It is understood and agreed that the retainer is simply a security mechanism to avoid delay in paying the City Costs to the professionals and not a limitation of the reimbursable City Costs. The Land Developer is responsible to pay the City Costs and replenish the retainer monthly should the City Costs exceed the deposit in the retainer. The City shall use good faith efforts to minimize the City Costs to those costs and expenses reasonably necessary to achieve the transaction's stated demolition, remediation and redevelopment goals. as identified in this Agreement. The City Costs shall be submitted for reimbursement by the Land Developer through available TIF funds. 6. Binding Effect. This Agreement shall inure to the benefit of and shall be binding in accordance with its terms upon the parties and their respective successors and permitted assigns. 7. Joint Preparation. This Agreement shall be deemed to have been jointly prepared by both parties hereto, and any ambiguities or uncertainties herein shall not be construed for or against any party. 8. Calculation of Time. To calculate any time period set forth in this Agreement that is stated in days or a longer unit of time: (a) exclude the day of the event that triggers the period (for instance, if a time period is J 4 days from an approval, exclude the day of the approval); (b) count every day, including intermediate Saturdays. Sundays, and legal holidays; and (c) 22 122081 _I Page 5 of8

include the last day of the period, but if the last day is a Saturday. Sunday, or a legal holiday, the period continues to run until the encl of the next day that is not a Saturday, Sunday. or legal holiday. This methodology shall apply to such time-period calculations under this Agreement no matter how the period is stated. For instance. a time period that is stated to run 14 days of an event shall be equivalent to a time period that is stated as 14 days after an event. 9. Counterparts. This Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of both parties hereto be contained on any one counterpart hereof. Additionally, the parties hereto agree that for purposes of facilitating the execution of this Agreement, (a) the signature pages taken from the separate individual ly executed counterparts of this Agreement may be combined to fonn multiple fully executed counterparts and (6) signatures provided via DocuSign or by facsimile or in Adobe Po1iable Document Format (PDF) sent by electronic mail shall be deemed to be original signatures for all purposes. All executed counterparts of this Agreement shall be deemed to be originals, but all such counterpa1is taken together or collectively, as the case may be, shat I constitute one and the same agreement. 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, and understandings of the parties, written or oral. Each party executing this Agreement represents and warrants that such party is authorized to sign the Agreement on behalf of such party. 11. Amendments, Changes, Modifications. This Agreement may not be amended, supplemented, changed, modified, or altered except by an instrument in writing executed by both parties to th is Agreement. 12. Severabilitv. If any provision of this Agreement, or any covenant. stipulation, obligation, agreement, act, or action, or part thereof made, assumed, entered into, or taken thereunder or any application thereof, is for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision or any other covenant, stipulation, obligation, agreement act or action or part thereof. made, assumed. entered into. or taken. each of which shall be construed and enforced as if such illegal or invalid portion were not contained herein. Nor shall such illegality or invalidity of any application thereof affect any legal and valid application thereof, and each such provision, covenant, stipulation, obligation, agreement, act, or action. or part shall be deemed to be effective. operative, made, entered into or taken in the manner and to the fu ll extent permitted by law. 13. Governing Law. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Ohio, without giving effect to the principles of conflicts of laws. 14. Assignment. The Land Developer may not assign its rights or obligations under this Agreement without the written consent of the City, which consent shall not be unreasonably delayed, conditioned, or denied. 15. Notice. All notices. demands. and other communications hereunder shall be in writing and shall be delivered to, emailed, or mailed at the addresses set forth below: 22122081 _I Page 6 of8

To the City: City of Avon Lake 150 Avon Belden Road Avon Lake. OH 44012 Attn: Director of Community Development and to City of Avon Lake 150 Avon Belden Road Avon Lake, OH 44012 Attn: Director of Law with a copy to: Berns, Ockner, & Greenberger. LLC 3733 Park East Drive, Suite 200 Beachwood, OH 44122 Attn: Jordan Berns and Majeed G. Makhlouf j berns@bernsockner.com mmakhlouf@bernsockner.com and to Todd S. Davis, Esq. 3 Hemisphere Way Bedford, OH 44146 tdavis@hem ispheredev .com To Land Developer: Avon Lake Environmental Redevelopment Group c/o Scott Reschly, President 4235 South Stream Blvd .. Suite 180 Charlotte, NC 28217 sresch ley@charah.com with a copy to: Richard Shields, Executive Vice President Avison Young US l South Wacker Drive, Suite 3000 Chicago, IL 60606 dick.shields@avisonvoung.com 22 122081 _I Page 7 of8

and to: Roetzel & Andress. LPA c/o R. Todd Hunt 1375 East 9th Street, I 0th Floor Cleveland, OH 44 114 rthunt@ralaw.com Notices shall be deemed de livered upon actual delivery to the receiving pa1ty by whatever means the notice is sent. Either party may change its addresses herein upon written notice to the other party. 16. Non-Recording of Agreement. This Agreement shall not be recorded with the County of Lorain or any other public agency. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. CITY OF AVON LAKE, OHIO Print Name: Mf\Cl.>L 1\ . S°f'f\'E\"2.t;L Print Name: Steve..E'(tlt\y'V'\ lts: Ch1J 4»\)~ Date: __ \ \_._--Z.._7_· '2-0 __ ~-~---- Date: _ \\~] To __ /l~OV\~--- , 22122081 _I Page 8 of8

EXISTING PARCELS PARCEL 1 G 1.38 AC PARCEL 6 1.11 AC PARCEL 7 0.74 AC TaTAL 43.23 AC SUBMERGED LEASE TOTAL 5.32 AC 22 122081 _ l ~UUIR RQll)f'.ll!K EXHIBIT A [Depiction of Property] LAKE ERIE SUBMERGED LEASE 5.l'(/!C. FIE PARtEL I .,~,. A-I POWDERMAKER CREEK Avon Lake Legal Parcels

EXHIBIT A-1 [TIF District — Identified in Red] SEemae em PLL UE A | | E OalslaolonenR' — oa i / mY SS qd : Se ‘ims > ZOD 2 4 Oh AVONK OMMERCESRKWY 22122081 _1

llll acres of open pafk sp.acelfand 19~60 .xr■s of privilte devalopmcmt 22 122081 _I Mll.lR AIIAOPAAK EXHIBIT B [Concept Plan of the Development] rr: i LAKE ERIE ~\ ~- \ u 13-1 Avon Lake Open Space and Private Parcels POWDERMAKER CREEK - EXHIBITS- PAGE7 -

Parks & Infrastructure lAAEERtE 22122081 _1 - ,- -- EXHIBITB [Concept Plan of the Development] LAKE ERIE ' 0 \~ .---::::· • _J -- l,, ~, ~ . ..-~..-~ t / ~-- ..... \1. I ~ l3-2 Avon Lake Conceptual Masterplan -, ., ~ 6Xfll1BIT B - !?AGE 2 i I ,..,, . - ., '"""1 -.; .-,-, •

EXHlBITC CHAPTER 1219: LAKEFRONT MIXED-USE OVERLAY DISTRJCT (LMU-O) 1219.01 Purpose The Lakefront Mixed-Use Overlay District ("LMU-O Districf') is intended to provide for high-quality development in alignment with a development plan for a wide-variety of nonindustrial uses for the larger parcel areas adjacent to Lake Erie, while this LMU-O District is also providing for the continued permitted uses in the base zoning district. The LMU-O District is created to transform certain larger land areas along Lake Erie from their historical industrial and/or older commercial/retail uses to a variety of permitted and conditionally permitted uses, including various types of residential living units, office uses, commercial retail uses, commercial and personal service uses, and recreational uses, such as public parks, open spaces and beach areas. This LMU-O District is also created to facil itate new mixed-use development with new public streets, bike and hike trails and open spaces for the enjoyment thereof. The redevelopment of the LMU-O District will create new roadways connected to the existing City street grid and new public and private internal roads with landscaping and public parks built to City standards. It is intended this overlay zoning district be used in conjunction with the site plan procedures of the Mixed-Use Overlay District in Chapter 1218 of this code. This approach will allow the developer the greatest flexibility in redeveloping these larger parcels with uses that are economically viable and specifically permitted under this code and will provide the City greatest control over the design of the development and the image it creates within the City. all in fmthering the City's 2019 Comprehensive Plan. lt is anticipated that the LMU-O District may be developed over a number of years, in multiple phases and on individual parcels, but made a cohesive district development by way of the City's site plan procedures which will create consistency in development across the LMU- O District. 1219.02 Location of District [See attached land areas outlined in red.] 1219.03 Scope and Applicability The LMU-O District is an overlay zoning district that applies as a secondary zoning district over the base zoning district(s). (a) Property owners that are subject to the LM U-O District may continue to use their property in accordance with the requirements of the applicable base zoning district. (b) At the election of the property owner, the owner may choose to develop pursuant to the LMU-O District. in accordance with this chapter, without requiring the rezoning of the base zoning district. 22122081 _ I C-1

1219.04 Permitted, Conditional, and Prohibited Uses (a) Permitted Uses A combination of two or more of the following uses: (l) Multi-Family Dwellings (2) Offices: Administrative. Business, Professional. Medical (3) Cultural Facilities (4) Residential Community Centers (5) Commercial Business Support Services (6) Financial Institutions (7) Microbrewery, Microdistillery, and Microwinery (8) Mixed-Use Buildings (provided that they comply with Section 12 l 6.0S(c)) (9) Multi-Tenant Use (provided that they comply with Section 1216.05(c)) (10) Public Parks, Open Space, and Natural Areas ( 11) Personal Service (12) Public Marinas (13) Restaurants (14) Retail Businesses (] 5) Taverns or Bars (b) Conditional Uses (1) Commercial Recreational Facilities (Indoor and Outdoor) (2) Commercial Marinas, Boat Rental and Chatter (3) Hotels (c) Prohibited Uses (]) Single-Family Dwellings (2) Nursery Schools and Day Care Centers 22 122081 _I C-2

(3) General merchandise discount stores, i.e., a retail establishment that offers a variety of product lines that are stocked in considerable depth and at discount prices. (4) Hardware or home-improvement stores primarily stocking lumber, building materials, and building supplies. (5) Stores primarily selling used merchandise. second-hand merchandise. samples, and floor models, demonstration merchandise, fire-sale merchandise, store-closing merchandise, and damaged merchandise. (6) Stores primarily selling on consignment except that such stores primarily selling art and/or jewelry on consignment are not prohibited. (7) Automotive services and uses. such as automobile and truck dealerships (including sales, rental, and leasing), automobile service stations, carwashes, and automotive body shops. (8) Indoor self-storage facilities or outdoor storage of any kind. (9) Adult Entertainment Businesses and cannabis sales. 1219.05 Development Standards (a) Shoreline Parks There shall be public park land adjacent to Lake Erie and within the LMU-O District consisting of no less than twenty (20) contiguous acres that is accessible to the public, as the shoreline exists at the time of approval of any development. (b) Setbacks (1) Buildings and other structures shall be set back from the Lake Road public right of way no greater than ten ( l 0) feet. (2) Setbacks of buildings and structures from the easterly and westerly boundaries of the LMU-O District shall be a minimum of fifteen (15) feet from abutting parcels with non-residential zoning or uses and a minimum of thirty (30) feet from abutting parcels with residential zoning or uses. (3) Except for the setback requirements in subparts (b)(l) and (2) of this section, there are no minimum setback requirements from property lines of parcels within the LMU-O District. (c) Building Height 22 122081 _ I All buildings shall not exceed 100 feet in height from grade. The grade shall be established from the grade level of Lake Road at the closest point to the southern edge of the proposed structure. C-3

(d) Density The maximum number of residential units of all types that shall be permitted in the LMU- O District is 1,250. (e) Building Orientation (1) Buildings shall be oriented toward the public or private street, as applicable, unless adjacent to a common open space, in which case the Planning Commission and City Council may approve an alternative orientation to face the open space. (2) Buildings located near the intersection of two streets (public or private) may be oriented toward a comer. lf the building is oriented toward one of the streets, any facade facing other streets shall have similar architectural styles. (f) Parking Any development in the LMU-O District shall comply with the mm1mum parking requirements of this code. However. the Planning Commission and City Council shall have the authority to modify the parking requirements of this code if the applicant can demonstrate adequate availability of public parking, shared parking. or other alternatives that will meet the intent of the requirements of Chapter l 234: Parking, Access. and Mobility Standards. (g) Signs (I) Signs shall be integrated into the bui I ding and landscaping plans to enhance the development's overall appearance while provi.ding adequate identification of the development and the structures and uses therein. (2) The requirements of Chapter 1236: Sign Standards, may be waived as part of the approval of the LMU-O District development plan when the applicant submits a master sign plan for an LMU-O District development plan application with a minimum acreage of five acres. ln such cases, the master sign plan shall not allow for more than a IO percent increase in the total sign area allowed in Chapter 1236: Sign Standards. {h) Utilities and Service Equipment 22122081 _ I All industry standard grade utilities shall be located underground. All manholes, utility boxes, entry fixtures and other service equipment shall be located inside or rear yards and away from walkways. These fixtures shall be adequately screened as provided in Section l 232.05: Screening Requirements. C-4

(i) Viewsheds Building heights, setbacks. and separation shall be provided for in the LMU-O District development plan to guarantee that views of Lake Erie from Lake Road south of any buildings in the LMU-O District will be provided between each building in the LMU-O District and that the buildings are not of such width as to prevent views of Lake Erie, and reviewed as a component of the approval process under Section 1218.03 of the code. (j) Pedestrian and Bike Connections There shall be pedestrian and bike access for the public from Lake Road to the public park areas along the Lake Erie shoreline. 1219.06 Procedure for Development Plan Review and Approval The applicant shall submit a plan of development and the procedure for review of the plan and the criteria for the plan shall follow the provisions of Section 1218.03 of this code. 1219.07 Modifications to Standards Notwithstanding any other provision of this code to the contrary, the Planning Commission may recommend and City Counci I may approve a development plan which varies from the strict standards of this Chapter and act upon the proposed application as if in compliance with this Chapter if they determine that the proposed development substantially complies with the purposes, intent, and basic objectives of this Chapter, and that through imaginative and skill ful design in the arrangement of buildings, open space, streets, access drives or other features, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements. 1219.08 Phases Developments intended to be developed in phases shall proceed initially with the area indicated as the first phase. The construction sequence of subsequent phases may be reordered with the recommendation of the Planning Commission and approval of City Council. provided that the reordering does not obstruct or limit the development of all approved remaining phases. 1219.09 Areas subject to more than one overlay district Should any property in the LMU-O District also be included in another overlay district, the LMU- O District shall override the other overlay district and the provisions of this Chapter shall govern. 22122081 _ I C-5

22 12208 1 _ I Location of Overlay District Identified in Section 1219.02 (Overlay District Outlined in Red) C-6

EXHIBIT D LETTER OF INTENT Re: Offer to Purchase approximately 23.22 acres comprising certain lakefront parcels of the former Avon Lake power plant site. To: AVON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP, LLC The City of Avon Lake. a municipal corporation in Ohio. ("Purchaser") hereby expresses its interest in purchasing an approximately 23.22-acre po1tion of the lakefront property of the fonner Avon Lake Power Plant site (the ''Transaction''), as more fully described below in this Letter of intent (the "LOI") and Attachment A hereto. Seller: Purchaser: Property: Purchase Price: Purchase Agreement: 22122081 _I A VON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP, LLC, an Ohio limited liability company ("Seller"). CITY OF AVON LAKE, OHIO, a municipal corporation in Ohio or its assigns. Approximately 23.22 acres of land located in the City of Avon Lake, County of Lorain, State of Ohio, known commonly as certain portions of the lakefront of the former Avon Lake Power Plant site. rt is Purchaser's intention to acquire the property together with all of the Seller's right, title and interest in any and all improvements that Purchaser elects to retain (including any personal property which is integral to the operation of any improvements to be conveyed, if and to the extent Purchaser elects to include such improvements and/or associated personal property), easements, rights and appurtenances pertaining thereto ( collectively, the ··Property"'), as more fully described in Attachment A hereto. $15,000,000.00 or twenty-five percent (25%) of the total expected TIF revenue proceeds, whichever is less, in immediately available funds payable at the Closing, as defined herein, and subject to an objective, independent appraisal of the Property supporting such Purchase Price. After Seller's fu ll execution and delivery of this LO] to Purchaser, Seller's counsel within twenty (20) days shall prepare and deliver to Purchaser a proposed form of agreement of purchase and sale (the ''Purchase Agreement'") setting fotth, among other things, the terms and conditions contained herein, other tenns and conditions mutually acceptable to the parties. as well as any terms of a development agreement between the patties (or with the Seller's assignee). tax increment financing ("'TIF") to fund the purchase, other funding contingencies, and zoning contingencies. D-1

Deposit: Due Diligence Period: 22122081 _l Within ten (10) days after the full execution of the Purchase Agreement, Purchaser shall deposit One Hundred Dollars ($100.00) in immediately available funds with a national title insurance company (or an author.ized agent of a national title insurance company) of Purchaser's choice (the "Title Company") which shall be held in escrow by the Title Company (pursuant to escrow terms mutually acceptable to Seller and Purchaser) and credited (with interest accrued, if any) to the Purchase Price at Closing (the "Deposit"). Purchaser's due diligence efforts will primarily focus on assessing the viability of the Property and contiguous areas in Lake Erie for public park land, beach and recreational uses. Purchaser's due diligence may include, but is not limited to; technical assessments, environmental assessments, geotechnical analysis, shoreline analysis, title review, zoning and land use analysis, energy and regulation evaluations and other professional work needed or desired by Purchaser. in Purchaser's sole discretion, to determine the feasibility of Purchaser's acquisition and redevelopment plan ('"Due Diligence"). Purchaser has engaged a complete team of qua! ified advisors, each 'vvith expertise in their respective fields, to assist throughout the due diligence process. Seller, and Seller's environmental and other professionals shall reasonably cooperate with Purchaser, in good faith. during Purchaser's Due Diligence activities. Due Diligence will be conducted in two stages, as follows: (i) Preliminary phase: from the full execution of the LOI and receipt of the information indicated by the Seller to be provided, and until both parties have fully executed a Purchase Agreement (the "Preliminary Phase"); and (ii) Second phase: from the full execution of a Purchase Agreement, and for one hundred twenty ( 120) days, in order to complete Purchaser's Due Diligence; (both phases together the "Due Diligence Period'.). For purposes of clarity, Purchaser shall not be obligated to execute the Purchase Agreement unless and until Purchaser is completely satisfied ,vith the condition of the Property, in Purchaser's sole discretion. If Purchaser decides for any reason during the Due Diligence Period not to proceed with the Transaction. the Deposit shall be refunded in full to Purchaser, and the Purchase Agreement shall be null and void and neither party shall have any liability hereunder. 1f Purchaser does not elect to terminate the Purchase Agreement during the Due Diligence Period, the Deposit shall become non- D-2

Feasibility Materials: refundable (but remains a credit lo the Purchase Price), except in the event of a Seller default, or a condemnation or casualty affecting the Property. Within three (3) days after the full execution of this LOI. Seller shall provide Purchaser with copies of (or electronic access to) all information in Seller's possession or control pertaining to the Property, including: all information indicated by the Seller to be prov ided; any surveys; title reports; soil and groundwater sampling results; environmental assessments; covenants, conditions and restrictions ("CCR .. )-related assessments; workplans and reports; any consent orders: other orders with ongoing obligations; summaries of any allegations of environmental liability; site plans; shoreline plans: utility maps; architectural, construction and/or as- bui It drawings; Remediation and Demolition Plans (as hereinafter defined); permits; and any other information regarding the Property within Seller's custody or control, including Environmental Information as defined below. Seller shall cooperate with Purchaser to obtain further information regarding the Property that is outside Seller's custody or control. As used in this LOf, ·'Environmental Information'· shall include but is not limited to soil and groundwater sampling results, environmental assessments, summaries of environmental liability, permits governing environmental issues, and any information commonly associated with environmental matters. Remediation and Demolition Plans: The "Remediation and Demolition Plans" shall include detailed written plans, as agreed in the Purchaser's sole discretion, including a narrative, for the remediation, demolition and any other site work currently underway at the Property or to be completed on the Property either before or after the Closing, along with an asset list of the structures yet to be demo! ished, an overview of the progress against schedule to date, highlighting key areas of delays (if any) encountered to date, as well as the latest estimates on the completion of the works, and consistent with the Remediation and Demolition Plans to be attached to the Purchase Agreement. Sel ler shall complete all demolition and active remediation activities on or before December 3 L, 2025, and shall provide a legal survey of the Prope1ty reasonably acceptable to Purchaser once the remediation and demolition activities are complete. Physical Structures to Remain: 22 122081 _ I Upon full execution of the LOJ, Purchaser will promptly visit the Property and meet with Seller to review the Remediation and Demolition Plans and agree upon which physical structures will remain. Preliminarily, Purchaser anticipates, but cannot guarantee. the following structures and infrastructure to remain intact: D-3

Closing: Title: Representations, Warranties and Conditions to Clos ing: 22 122081 _ I (i) All utility connections and service infrastructure: (ii) Lakefront water intake structure; and (iii) Temporary stormwater protection facilities. [f Purchaser desires to proceed, closing of this Transaction (the "Closing") shall occur within the later of (i) thirty (30) days after the expiration of the Due Diligence Period, (ii) thirty (30) days after the Seller's completion of all obligations under the Remediation and Demolition Plans, or (iii) thirty (30) days after the proceeds of Tax Increment Financing funds in connection with the Project are available and provided to the City to fund the acquisition; provided that Purchaser may, at its option, close earlier upon twenty (20) days of written notice (the "Closing Date"). The Closing shall occur at the Title Company's office (or Purchaser's attorney's office) in Nott heast Ohio, or th.rough Purchaser's attorney or a mutually acceptable escrovv managed by the Title Company. Seller shall deliver exclusive possession of the Property to Purchaser on the Closing Date. At Closing, title to the Property shall be conveyed by I imited warranty deed, free and clear of all liens and encumbrances, free of possession, and otherwise subject only to such matters as may be approved in writing by Purchaser, in its sole discretion, during the Due Diligence Period. Seller shall represent and warrant in the Purchase Agreement that, fo llowing completion of Seller's remediation and demolition activities as described in the Remediation and Demolition Plans, there will be no remaining liabilities of any nature (including any financial or envirnnmental liabilities or obligations) associated with the Property. Seller or a financially adequate affiliate shall provide an indemnification in the Purchase Agreement, effective as of the Closing Date, reasonably acceptable to the Purchaser. Seller shall complete, at its own cost, the shutdown and full decommissioning of the coal power plant and associated infrastructures and all environmental remediation and necessary demolition work on the Property. The Purchase Agreement shall contain other representations, warranties and terms, acceptable to each party, in each party's sole discretion. Purchaser's offer is based on the foregoing representations and warranties, as well as the following conditions to Closing: D-4

22 122081 _ I • The Property is satisfactory to the Purchaser's intended use as a public park. without regard to zoning, permitting. land development and municipal, county and state requirements. • Environmental Remediation and Demolition. o The Seller agrees to remediate the Property to applicable standards for the Prope11y's intended use, in accordance with the requirements of the Ohio Yoluntaty Action Program, Ohio Revised Code Chapter 3746 et ~-, including all applicable regulations thereunder (collectively, the "Ohio V AP") and in accordance with the Remediation and Demolition Plans to be mutually agreed to between the parties and to be attached as an exhibit to the Purchase Agreement. (The Purchaser acknowledges that the Remediation and Demolition P lans may provide for the placement of clean till in certain areas of the Property after the Closing. to be paid for with available TIF funds.) o Prior to the Closing on the Property, the Seller's and the Purchaser's environmental consultants shall collaborate regarding the completion of environmental investigations of the Property and Seller's Remediation and Demolition Plans as defined in this LOl. Prior to the conveyance of the Property to the Purchaser (or, if the Purchaser desires, to the Lorain Cou11ty Metroparks), the Seller shall perform all environmental assessment and remediation activities necessary to enable an Ohio V AP "Certified Professional" selected by the Purchaser (the "Purchaser's Ce1titied Professional"'), to issue a No Further Action Letter for the Property (the "NFA Letter") consistent with the Remediation and Demolition Plans (which may provide for the placement of clean fill to achieve the relevant direct contact point of compliance under the Ohio VAP as a post-Closing obligation). The Purchaser's Cer1ified Professional will collaborate, in good faith, with any Ohio V AP Certified Professional representing the Seller, lo confirm that the Property has been investigated and remediated to achieve applicable standards under the Ohio VAP for safe recreational use as a park open for public access, as provided in the Seller's "Remediation and Demolition Plans," and as agreed and confirmed by the Ohio Environmental Protection Agency ("Ohio EPA") pursuant to technical assistance under the Ohio VAP ('Technical Assistance"). Pursuant to and in accordance with the ·'Budget; · as defined in the Interim Development Agreement between the parties, the Seller will pay all D·5

Right of Entry: 22122081 _ I reasonable costs for the Purchaser's Certified Professional in connection with the NFA Letter and for Technical Assistance within thirty (30) clays of any invoice therefore, which costs shall be reimbursable to the Seller through available TJF funds. o At the Purchaser's option, and at the Purchaser's cost through the use of TIF funding, as identified herein. the Purchaser may request the Purchaser·s Certified Professional to submit the NF A Letter for a Covenant Not To Sue under the Ohio VAP from the Director of Ohio EPA (a "CNS.'); provided, however, the issuance of a CNS shall not be a condition of the Closing for the Property to be acquired by the Purchaser. The Seller and the Purchaser shall collaborate to include adequate budgets and funding in any TJF legislation for the project, reasonably acceptable to both parties, to perform any post-Closing activities identified in the Remediation and Demolition Plans, or as otherwise provided in the Purchase Agreement. o After Closing on the Property, the Purchaser agrees to evaluate the use of available TIF funds, as it deems necessary, to achieve residential standards on portions of the Public Park. • The T lF financing has been monetized and funding necessary to pay for the Purchase Price and all other costs associated with the Closing of the Transaction has been provided to the Purchaser. Upon full execution of this LOI and continuing throughout the Due Diligence Period, Purchaser, and its agents, consultants and prospective occupants, shall be entitled to enter the Property to conduct Purchaser's Due Diligence activities, including but not limited to such tests and studies as Purchaser deems necessary, in Purchaser's sole discretion, to determine the feasibility of the Prope1ty for Purchaser's intended use. Such studies may include, but will not be limited to, soil borings, test pits, monitoring wells, water pressure tests, surveys and other investigations. Notwithstanding the foregoing, Purchaser agrees not to perform any physical sampling or testing unti l the definitive Purchase Agreement is fully-negotiated to the complete satisfaction of both parties and ready for execution. Additionally, commencing on the ful l execution of this LOI and continuing throughout the Due Diligence Period, Seller authorizes Purchaser to make application for municipal approvals and other regulatory approvals as necessary for Purchaser's proposed development and use of the Property. Seller hereby designates Dan D-6

Closing Costs: Brokerage: Confidentiality: Governing Law and 22122081 _I Rogatto as the person with whom Purchaser may coordinate Due Diligence matters and access to the Property. He may be reached at dan.rogatto@Charah.com and (502-377-5955). Purchaser and Sel ler shal l equally share any state and local transfer taxes. All municipal assessments, real estate taxes and similar costs shall be prorated through the Closing and allocated in accordance with customary local commercial practices to be described in the Purchase Agreement. The parties stipulate that Avison Young represents the Seller and is the sole broker in this transaction and no other broker represents the Seller or Purchaser. Any fees due to Avison Young shall be paid by the Seller pursuant to a separate agreement and Seller shall indemnify Purchaser regarding same. Except as provided herein, until the execution of any definitive documentation in relation to the Transaction contemplated in this LOI, Seller agrees to maintain the confidentiality of the "Feasibility Materials," as defined herein, and not to disclose the same, except as may be required by applicable law or any governmental authority, including but not limited to the Ohio Public Records Act and the Ohio Open Meetings Act. The Purchaser also agrees it shall not disclose to any third party, except for Purchaser's agents, advisors, consultants and attorneys which have agreed to maintain the information as confidential, and shall maintain the confidentiality of any aud all of trade secrets, confidential business information, which Seller identifies in writing as being "confidential" (collectively with the Feasibility Materials "Confidential Information"); and Purchaser shall, upon a request by any third party for any Confidential Information either under the Ohio Public Records Act (Ohio Revised Code Section 149.43, or its successor statute) or othenvise and, before disclosing any Confidential Information to a third party shall immediately notify Seller and Seller shall be given sufficient time to take court action or othenvise to prevent such disclosure. Seller shall defend Purchaser at Seller's sole expense and Seller shall indemnify Purchaser for any and all liabilities, penalties and damages incurred by Purchaser for its non-disclosure of Confidential Information. For purposes of clarity, this LOI shall be publicly disclosed by the City during consideration of the Interim Development Agreement being negotiated by the parties. Additionally, in the Purchase Agreement, the parties shall identify a process for disclosing the Environmental Information to the public, in connection with the submittal of the NFA Letter, as described in the Interim Development Agreement. D-7

Jurisdiction: Non-Binding LOI: No Assignment: 22122081 _I This L01 will be governed by and construed in accordance with the laws of the State of Ohio and Seller and Purchaser hereby irrevocably consent to the exclusive jurisdiction of any Ohio state comt in Lorain County or the federal court for the Northern District of Ohio and each party acknowledges and agrees that the venue provided above is the most convenient forum and waives any objection to venue and any objection based on a more convenient forum in any action instituted under this 101. Except for the sections of this LO! titled ·'Right of Entry", "Confidentiality" and "Governing Law and Jurisdiction .. which shall be binding in all respects, this is a non-binding LOI and neither Purchaser nor Seller shall have any rights, duties, liabilities or obligations under this LOI or with respect to the purchase and sale of the Property unless and unti I both parties have executed a Purchase Agreement and then only to the extent set fo1th in the Purchase Agreement. This LOI may be te1111inated by written notice from one party to the other, provided: any Environmental Information provided by Seller to Purchaser shall remain confidential for a period of ten (10) years from the date of this LOI. Except as expressly set forth above, no party shall have the right, power or authority to assign this LOI or any of its rights or obl igations hereunder to any third patty, without the prior written consent of the other party. Any such assignment without the other party's prior written consent shall be null and void. [Signature Page Follows] D-8

[Signature Page to Lei/er oflntent] Sincerely, City of Avon Lake, Ohio By: ~ ~-==:;;._~- Name: rr. A,(l IL p. . <s p A-°ETl.c'- Ti tie: YY\ A '-{ ot'L By: Name: Title: SELLER ACKNOWLEDGMENT Agreed and accepted this ___ day of ____ 2024. Seller: Avon Lake Environmental Redevelopment Group LLC, An Ohio limited liability company By: _______________ _ Print Name: ____________ _ Title: ______________ _ D-9 22122081 _I

[Signature Page to Leiter of Intent] Sincetely, City of Avon Lake, Ohio By: Name: ,------- - ---- -- Title: By: Name: Title: SELJ,ER ACKNOWLEDGMENT Agreed and ,ccepted Ibis 1.b-f" day of~- Seller. Avon Lake Environmental Redevelopment Group LLC, Bt 1~ ~ ~~ ► PrintN-: ~m Title: 6;7 D-9 22122081 _1

23.22 acre, of open p.ark .space/land 19.60 acr•s of private development 22122081 _I HWA IODPA/lK ATTACHMENT A (Property- Identified in Pink) D-10 Avon Lake Open Space and Private Parcels POWDERMAKER CREEK