City Council

City of Middleburg Heights, Ohio Council Agenda April 26,2022 6:55 P.M.PUBLIC HEARING ORDINANCE NO.2022-12 MVAH SENIOR LIVING,PEARL ROAD 7:00 P.M.REGULAR MEETING • CALL TO ORDER • ROLL CALL • PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of April 12,2022 Minutes ofthe Executive Session of April 12,2022 COMMUNICATIONS Memorandum from Planning Commission dated April 13, 2022 recommending approval of Ordinance No.2022-24,adopting a revised zoning code and revised zoning map. Notice to Legislative Authority from Ohio Division of Liquor Control requesting new liquor permit for Heinen’s Inc. Email from ChiefTomba stating no objections. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES,RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee- Mr. Ali, Chairman 2. Fin^ce, Taxation & Assessments Committee- Mr. Bortolotto, Chairman 3. Legislation & Rules Committee — Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee — Mr. McGregor,Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee-Mr. Meany, Chairman 7. Zoning & Building Code Committee- Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights,Ohio Council Agenda APRIL 26,2022 PAGE 2 2022 PENDING LEGISLATION ORDINANCK NO.2022-12-INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 373-08-015 from its present zoning classification Rl-A (One-Family A Residential District) and RMF-1 (Multi-Family Residential District) to SR/LC (Senior Residence/Life Care District)(MVAH Holding - Senior Living Pearl Road) (First reading and referred to Planning Commission 2/8/22, Second reading 2/22/22, Public Hearing 4/26/22) ORDINANCE NO.2022-16-INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 372-20-031 from its present zoning Ha^dfication RS (Retail Service District) to PMU (Planning Mixed Use District) - WXZ Development, Southland i» ui- (First reading and referred to Planning Commission 2/22/22, Second reading 3/8/22, Public Hearing 5/10/22) ORDINANCE NO» 2022-24-INTRODUCED BY COUNCILMAN GRECH An Ordinance adopting a revised zoning code and a revised zone map of the City of Middleburg Heights, Ohio and repealing Ordinance No. 1982-170 and all amendments thereto (First reading and referred to Planning Commission 3/8/22,Second reading 3/22/22) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN GRECH . . . .oca An Ordinance accepting a lot split/consolidation plat and right-of-way dedication for 6850-6860 & 6786 Pearl Road. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to execute documents conveying an easement to The Cleveland Electric Illuminating Company. INTRODUCED BY MAYOR CASTELLI An Ordinance authorizing the mayor to enter into a project agreement with the Northeast Ohio Regional Sewer District for the purpose of managing stormwater runoff and stream flow improvement within Abram Creek and declaring an emergency.  City of Middleburg Heights, Ohio Council Agenda APRIL 26, 2022 PAGES ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 9-24-19 Discussion regarding ordinance regulating fences 11-23-21 Rezoning application received from MVAH Holding LLC to rezone property on Pearl Road for a senior independent living development FINANCE. TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto, Chairman CITY PARKS.RECREATION & SERVICES COMMITTEE - Mr. Ali. Chairman 2-13-18 Dog Park 11-13-18 Ordinance No. 2018-92, Dedicated spaee for seniors in community center 2-26-19 Proposed Charter Amendments - mayor term limits/firing of directors LEGISLATION & RULES COMMITTEE - Mr. Ference. Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE - Mr. McGregor. Chairman 9-22-20 Hotel/Motel Security Legislation PUBLIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman 6-26-12 Police Department Expansion Project or new facility STREETS. UTILITIES & RAILROAD COMMITTEE - Mr. Meanv. Chairman 1-22-19 Letter from Diane Bickett, Executive Director, dated January 7, 2019 regarding ratification of the Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation of the Little Red School House  Boards and Commissions City of Middleburg Heights C /y.N o 15700 Bagley Road • Middleburg Heights, Ohio 44130 • 440-239-6252 - Fax 440-234-9092 [cji '/C/J kearley@middleburgheights.com 7 "i o\ Kim Earley Norman H. Herwerden Secretary Building Commissioner MEMORANDUM TO: MARY ANN MEOLA,CLERK OF COUNCIL FROM: KIM EARLEY,PLANNING COMMISSION SECRETARY DATE: APRIL 13,2022 SUBJECT: ORDINANCE 2022-24 At the regularly scheduled Planning Commission meeting April 13, 2022 members voted to recommend approval of Ordinance 2022-24 adopting a revised Zoning Code and revised Zone Map of the City of Middleburg Heights, Ohio and repealing Ordinance 1982-170 and all amendments thereto. Planning Commission • Board of Zoning and Building Appeals  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (614)644-2360 FAX(el4l644-3166 TO 37269591000 NEW HEINENS INC PERMIT MliMHFR ■lYE^ 15300 E BAGLEY RO MIDDLEBURG HGTS OH 44130 ISSUE RATF 03 16 2022 FILIMfi nATF D2 18 352 C D34453 TAX DlgTRirr RECEIPT NQ. FROM 03/31/2022 PERMIT NUMBER TYRE- iSaUE-JJAIE. ■EILING .DAIE. PERMIT CLASSES ■IAX...fllSTRi£3L RECEIPT NQ. MAILED 03/31/2022 RESPONSES MUST BE POSTMARKED NO LATER THAN. 05/02/2022 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. C NEW 3726959-1000 REFER TO THIS NUMBER IN ALL INQUIRIES (TRANSACTION & NUMBER! (MUST MARK ONE OF THE FOLLOWING) WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT THE HEARING BE HELD I—I IN OUR COUNTY SEAT. I I IN COLUMBUS. WE DO NOT REQUEST A HEARING. CJ DID YOU MARK A BOX? IF NOT, THIS WILL BE CONSIDERED A LATE RESPONSE. PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) (Title)-nU Clerk of County Commissioner (Date) I I Clerk of City Council □ Township Fiscal Officer CLERK OF MIDDLEBURG HGTS CITY COUNCIL ATTN; CLERK OF COUNCIL 15700 BAGLEY RD MIDDLEBURG HEIGHTS OHIO 44130 □LC 4052 REV. 03/09  Maty Ann Meola From: Edward Tomba <etomba@middleburgheights-oh.gov> Sent: Friday, April 8, 2022 11:19AM To: Mary Ann Meola Subject: RE: Liquor Permit Got it. No objections to Heinen's request. ETCOP From: Mary Ann Meola <mmeola@mbhts.com> Sent: Friday, April 8, 2022 10:43 AM To: Edward Tomba <etomba@middleburgheights-oh.gov> Subject: Liquor Permit ^CAUTION:This email originated from outside of the.organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chief, Attached please find a notice from the Ohio Division of Liquor Control regarding a new liquor permit for Heinen's, located at 15300 E. Bagley Road. Please let me know by Wednesday, April 20**^ if you have any objectio ns. Thanks, Mary Ann 1  delivered APR 2 I ?0?2 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. Grech Co-Sponsors: Mr. Bortoiotto, Mr. Ference AN ORDINANCE ACCEPTING A LOT SPLIT/CONSOLIDATION PLAT AND RIGHT-OF-WAY DEDICATION FOR 6850-6860 & 6786 PEARL ROAD WHEREAS, Pearl Partners LLC has submitted a plat of Lot Split and Consolidation and right-of-way dedication on which a certain portion of Pearl Road is offered for dedication: and WHEREAS, the City Engineer has reviewed the plat of Lot Split/Consolidation and Dedication and the Planning Commission has approved it; and WHEREAS, the Council of the City of Middleburg Heights wishes to accept said dedication. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Council of the City of Middleburg Heights hereby accepts the dedication of a portion of Pearl Road as shown on the 6850-6860 & 6786 Pearl Road Lot Split/Consolidation plat, a copy of which is attached hereto and marked “Exhibit A”. Section 2: That the Clerk of Council is hereby authorized to sign the attached Lot Split/Consolidation plat. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed; President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor  Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  Boards and Commissions City of Middleburg Heights 03 mmw^-v'O.. 0\ 15700 Bagley Road • Middleburg Heights, Ohio 44130 • 440-239-6252 - Fax 440-234-9092 kearley@middleburgheights.com (i Kim Earley Nomian H. Herwerden % Secretary Building Commissioner MEMORANDUM TO: MARY ANN MEOLA,CLERK OF COUNCIL FROM: KIM EARLEY,BOARDS AND COMMISSIONS SECRETARY DATE: APRIL 13,2022 SUBJECT: PEARL PARTNERS/PEARL PLAZA,6850 PEARL ROAD At the regularly scheduled Planning Commission meeting April 13, 2022, members approved the Pearl Partners/Pearl Plaza lot split and consolidation. The plat is referred to City Council to accept the dedication and easements. I have attached a copy ofthe approval. The original Mylar has not yet been submitted. Please return a signed copy of the plat or a memorandum after City Council takes action. I will forward the original Mylar upon receipt for signatures. Plamiing Commission • Board of Zoning and Building Appeals  delivered APR 7 I im CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS CONVEYING AN EASEMENT TO THE CLEVELAND ELECTRIC ILLUMINATING COMPANY WHEREAS, construction is underway on the conversion of the former library building into the new Middleburg Heights Police Station; and WHEREAS, CEI has determined that a utility easement and right of way is needed for lines for the distribution of electric current, including communication facilities, upon, over, and across permanent parcel number 372-27-002; and WHEREAS, CEI is requesting the City of Middleburg Heights to grant said easement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to sign a utility easement granting certain rights to The Cleveland Electric Illuminating Company in connection with the construction of the new Middleburg Heights Police Station, a copy of which is attached hereto and marked “Exhibit A”. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto Ali Sage Meany McGregor Ference Grech KNOWN ALL MEN BY THESE PRESENTS: That the Grantor(s), claiming title by virtue of instrument recorded in volume Page of the County Records, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations received to its full satisfaction of THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, an Ohio corporation, the Grantee, does hereby grant unto Grantee, its successors and assigns, an easement and right of way, together with the rights and privileges hereinafter set forth, for lines for the distribution of electric current, including communication facilities, upon, over, and across the following described premises: Situated in the City/Township of County of State of Ohio, and being The right of way above referred to is described as follows: Thence from this point this line continues underground as follows: The easement and rights herein granted shall include the right to erect, inspect, operate, replace, relocate, remove, repair, patrol and permanently maintain upon, over, under and along the above described right of way across said premises all necessary structures, wires, cables, and other usual fixtures and appurtenances used for or in connection with the distribution of electric current, including communication facilities, and the right of reasonable ingress and egress upon, over and across said premises for access to and from said right of way, and the right to trim, cut, remove or control by any other means at any and all times such trees, limbs, and underbrush within or adjacent to said right of way as may interfere with or endanger said structures, wires or appurtenances, or their operation. In addition to said easement and right of way, the following rights are hereby granted to The Cleveland Electric Illuminating Company: (1) To install, construct, inspect, operate, replace, repair, patrol, maintain and remove in, under and along said right of way across said premises such cables, wires, pipes, conduits, service pedestals, above-surface and sub-surface transformers, transformer pads, service hand-holes and other usual fixtures and appurtenances as may by Grantee be deemed necessary or become necessary for or in connection with the underground distribution of electric current, including communication facilities:  (2) To enter and pass on, over and across any part of said lot(s) when reasonably necessary for access to and from said right of way, and to use the premises parallel to and adjoining the boundaries of said right of way for piling dirt and for the operation of apparatus, appliances and equipment in exercising any of its rights enumerated herein; (3) To trim, cut and remove at any and all times any trees, limbs, roots, underbrush or other obstructions within or near said right of way which may in the judgment of the Grantee interfere with, limit access to or endanger transformers, service pedestals, cables or their appurtenances, or their efficient operation; (4) To install, construct, inspect, operate, replace, repair, patrol, maintain and remove in, under and along said right of way and within the street limits cables, wires, pipes, conduits, street light standards and other usual fixtures and appurtenances as may by Grantee be deemed necessary or become necessary for or in connection with the operation of street lights. Grantor reserves the right to use the right of way area, but only for the purpose of planting grass, flowers and ornamental shrubbery and subject to Grantee's rights enumerated herein. In the event Grantee digs up the right of way or a portion thereof, or otherwise uses the right of way for any of the purposes herein enumerated, which requires the removal of said flowers or shrubbery. Grantee shall exercise ordinary care in removing and replanting them but wil l not assure the continued life of the flowers or shrubbery so removed and replanted. TO HAVE AND TO HOLD the said easement, rights and right of way and its appurtenances unto said Grantee, its successors and assigns, forever, and the Grantor represents that it is the owner of the above- mentioned premises herein described. IN WITNESS WHEREOF,. has executed this easement by its duly authorized officers and has caused its corporate seal to be affixed this day of , 20 SIGNED IN THE PRESENCE OF: Name of Grantor By: Signature of Officer Official Title And: Signature of Officer Official Title STATE OF OHIO This instrument SS: was prepared by COUNTY OF The Cleveland Electric Illuminating Company The foregoing instrument was acknowledged before me this .day of 20 by on behalf of the corporation. SEAL Notary Public y MACKAY ENGINEERING & 1 SURVEYING 4 Wallace GROUPcompany LEGAL DESCRIPTION FOR CEI EASEMENT PPN 372-27-002 CITY OF MIDDLEBURG HEIGHTS APRIL 19, 2022 Situated in the City of Middleburg Heights, County of Cuyahoga, and State of Ohio and known as being part of Original Middleburg Township Lots No. 16 and 17, Turnpike Tract and bounded and described as follows: Commencing on the Northerly right-of-way line of Bagley Road (80 feet wide) on the Westerly line of Parcel No. 1 of land conveyed to Board of Park Commissioners of the Cleveland Metropolitan Park District by deed dated July 11, 1928 and recorded in Volume 3831, Page 449 of Cuyahoga County Records, said line also being the Northwesterly line of Brookside Parkway(now known as Big Creek Parkway); Thence North 40°14’01” East along said Northwesterly line of Brookside Parkway (now known as Big Creek Parkway), 264.57 feet to a point; Thence North 49°50’15” West, 74.13 feet to the Principal Place of Beginning of a 10’ wide easement; Thence North 55°59’25” West, 10.00 feet to a point; Thence North 34°00’35” East, 43.99 feet to a point; Thence North 49°57’00” West, 139.66 feet to a point; Thence North 32°38’19” West, 51.67 feet to a point; Thence North 57°2r41” East, 10.00 feet to a point; Thence South 32°38’19” East, 50.15 feet to a point; Thence South 49°57’00” East, 147.13 feet to a point; Thence South 34°00’35” West, 52.99 feet to the Principal Place of Beginning, be the same more or less, but subject to all legal highways. The basis of bearings is the right-of-way of Big Creek Parkway being North 40°14’01” East. This legal description was written by Mackay Engineering and Surveying in April 2022 under the supervision of Michael Mackay,PS 7344. 7017 Pearl Road Cleveland, OH 44130 P: 440.886.4500 www.wallacepanchergroup.com Hermitage, PA Cranberry Township, PA Waynesburg, PA Cleveland, OH Mansfield. OH  V2"IR0N pin found 5" WOOD N 57-21'41 10.00’ pS 49-57’00" E 147.13' 3 32-38’19” E EX. ASPH DRIVE 50.15’ E Ex. 124.EE 36'■ -t r ^ ■ TffOP, TiTc. T N 34-00 35>E ^ S 32“38’19” E 139.66'-: S 49-57’00” E T~ 52.99’ 51.67’ N 3f00’35” E 43.99’ S 5$‘59’25” E 10.00’ o lO § \ o \ 1 r I O oL gi N □ CO 4^ ^ ■ a , •q: u. ex. I STORY BRICK BUILDING FT 839.58 o EX HYCfiZ < w .■? □ K □ I \ o / D c ) ' t) %. •ei fd Q p DNij o •' EX. 2" COfJN\ f/435681. ,: - ' ■X. \ s . . I / W" STM VCP r=F% EX 6" SAN PVC CLEAN-OUT 'NV - 83100 C \ 9 5 /-EX. SAN. MH / RIM - 841.25 f 0^ \ i-: 3^ J.. / 2-£x. power pole -2T ^ EX HYD. -- i5-55&l-_ POWER POLE EX GUY ANCHOR (5) ^AN. fi rAGLEY roar saPi9 RIM - 840 IQ DATE: APRIL 19, 2022 Mackay CEi EASEMENT SCALE; T' = 50’ Engineering & Surveying Company EOR 7017 Pearl Road. Cleveland, Ohio 44100 (440) 886-4500 (440) 886-4590 Fax PPN 372-27-002 JOB NO. 21822  Delivered apr 7 I CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROJECT AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT FOR THE PURPOSE OF MANAGING STORMWATER RUNOFF AND STREAM FLOW IMPROVEMENT WITHIN ABRAM CREEK AND DECLARING AN EMERGENCY WHEREAS, seven parcels along Smith Road have been identified for acquisition as a suitable location to construct a detention basin to control flooding; and WHEREAS, the NEORSD has determined that the Regional Stormwater System would benefit from this detention basin and has agreed to provide funding toward the acquisition of the Parcels and various related costs for the purpose of advancing the goals of the District’s Regional Stormwater Management Program; and WHEREAS, the City and the NEORSD desire to enter into an agreement to memorialize the understanding of the parties with respect to the usage of District Funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into an agreement, a copy of which is attached hereto and marked “Exhibit A”, for Regional Stormwater Management Program funding to the City for stormwater runoff and stream flow improvement within Abram Creek. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of said City. Such necessity exists by reason of the fact that it is immediately necessary to acquire property to construct a detention basin to control flooding and address the proper handling of stormwater runoff and stream flow improvement within Abram Creek. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  Project Agreement between Northeast Ohio Regional Sewer District and City of Middleburg Heights for The Acquisition of PPNs: 372-06-002, 372-06-003, 372-06-004, 372-06-026, 372-06- 027, 372-06-028, and 372-06-029 Middleburg Heights THIS AGREEMENT is made this day of , 2022, between the Northeast Ohio Regional Sewer District (“District”), a regional sewer district organized and existing as a political subdivision ofthe State of Ohio under Chapter 6119 of the Ohio Revised Code, pursuant to the authority of Board of Trustees Resolution No. 139-22, adopted April 21, 2022(Exhibit “A”), and the City of Middleburg Heights (the “City”). RECITALS: WHEREAS, Permanent Parcel Numbers 372-06-002, 372-06-003, 372-06-004, 372-06-026, 372-06-027, 372-06-028, and 372-06-029(the “Parcels”) have been identified for acquisition by the Advanced Stormwater Planning I project as a suitable location to construct a stormwater detention basin to control flooding in problem area ACPA-06 WHEREAS,the parties have agreed that the City will purchase, own, and maintain the Parcels, and the District will provide funding toward the acquisition of the Parcels and various related costs for the purpose of advancing the goals of the District’s Regional 1 Stormwater Management Program of addressing the proper handling of stormwater runoff and stream flow improvement within Abram Creek (the “Project); and WHEREAS,the District is authorized under Ohio Revised Code Section 6119.41 to enter into contracts or other arrangements with a drainage, conservation, conservancy. or other improvement districts for co-operation or assistance in planning, constructing, maintaining, using, and operating the works of the District; is authorized under Ohio Revised Code Section 6119.06(P) to enter into contracts with any person or any political subdivision to render services to such contracting party for any service the District is authorized to provide; is authorized under Ohio Revised Code Section 6119.06(F)to make grants to any person or political subdivisions for the acquisition or construction of water resource projects by such person or political subdivisions; and is authorized under Ohio Revised Code Section 6119.06(O)to make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers under Chapter 6119 of the Revised Code; and WHEREAS,the District has determined that the Project would benefit the Regional Stormwater System and values the project management services provided by the City, therefore, the District has agreed to provide Regional Stormwater Management Program funding to the City for the Project; and WHEREAS, the District’s provision of Regional Stormwater Management Program funding to the City is contingent upon geo-technical and environmental studies supporting the District’s construction of a stormwater detention basin on the Parcels. 2  WHEREAS, the Parcels and riparian areas will be managed by the City in accordance with the City open lands stewardship practices to protect and preserve the function of Abram Creek. WHEREAS, the City will grant to the District a permanent stormwater easement over the entirety of the Parcels; and WHEREAS, the parties desire to enter into this Agreement to memorialize the understanding of the parties with respect to the usage of the District Funds; Now,therefore, in consideration of the foregoing, the District and the City agree to enter into this Agreement for the continued benefit of the Regional Stormwater System, as set forth below. ARTICLE 1. OBLIGATIONS OF THE CITY 1.1 Performance of the Project. The City shall be responsible for performance of the Project, which shall consist of the acquisition of the Parcels according to all Federal, State, and local laws. The City shall not be responsible for the design or construction of the stormwater detention basin, fhe City shall have ihe right to use the property for passive recreational purposes that do not interfere with the function or maintenance of the stormwater control measures :onsl3'Licied b\; the District. 1.1.1 Project Coordination. The City shall coordinate with the District’s representatives during all critical stages and milestones of the Project. Upon completion of the Project, the City shall provide copies of the restricted deed language for the Parcels from the Project to the District, which shall include all recorded deed restriction documentation for the Parcels  1.1.2 Project Presentations. The City shall acknowledge the District in presentations or publications related to the Project. 1.1.3 Utilization of District Contribution. The City shall use 100% of the District Funds for activities and/or expenses related to performing the Project, as approved by the District. The City shall request payment from the District using the Payment Request Application and Verification(“PRAV”)document attached hereto as Exhibit “D.” The City shall keep all records and documents relevant to the Project, including but not limited to, an accurate. current, and complete accounting of all financial transactions for the Project. Such records and documents shall be available at reasonable times and places for inspection and copying by the District or any authorized representative thereof and will submitted upon request together with any other compliance information which may be reasonably required. 1.1.4 The City shall bear the risk and remain solely responsible for any payments made by The City to third parties for work not approved by the District. 1.1.4.1 After the PRAV form is submitted to the District it will be reviewed for completeness by the District contact listed in Exhibit “B. 4  1.1.4.2 Upon successful review of the submission the District’s Director of Watershed Programs will have the final review ofthe request for payment to occur. 1.1.4.3 Upon the final approval by the Director of Watershed Programs the PRAV will be processed for payment. ARTICLE 2. OBLIGATIONS OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT 2.1 Disbursement of District Funds. The District agrees to disburse District Funds directly to the City, in a total amount not-to-exceed Two Hundred Sixty Thousand Dollars ($260,000.00)for performing approved Project elements. 2.2 Timing of Payments. The District shall use best efforts to pay the City for any uncontested billings within forty-five (45) days of the District’s receipt of each PRAV. ARTICLE 3. TERM 3.1 Expiration of the Agreement This Agreement shall expire upon successful completion of the obligations contained herein. ARTICLE 4. MISCELLANEOUS 4.1 Execution in Counterparts This Agreement may be executed in any number ofcounterparts. Each counterpart. when so executed, shall be deemed to be an original and all of which together shall constitute one and the same Agreement. 4.2 Severability 5  If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid, in whole or in part for any reason, such provision shall be stricken from this Agreement and such provision shall not affect the validity of the remainder of this Agreement. 4.3 Headings The headings in this Agreement are included for convenience only and shall neither affect the construction nor the interpretation of any provision in this Agreement. 4.4 Relationship of Agreement to Exhibits The Exhibits to this Agreement are attached for reference purposes only. Nothing in this Agreement shall be construed to modify, alter, clarify, or give effect to the terms and conditions of the various Exhibits attached to this Agreement. ARTICLE 5. EXHIBITS The following exhibits are attached hereto and incorporated herein: Exhibit “A”- District’s Board of Trustees Resolution 2. Exhibit “B”- Payment Request Accuracy Verification and Approval to Pay(PRAV) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6  p The parties listed below have entered into this Agreement as of the date first above written. NORTHEAST OHIO REGIONAL SEWER DISTRICT By: Kyle Dreyfuss-Wells Chief Executive Officer AND: Darnell Brown President, Board of Trustees CITY OE MIDDLEBURG HEIGHTS By: Title: This instrument prepared by; Katarina K. Waag Assistant General Counsel Northeast Ohio Regional Sewer District Each party agrees that this Agreement may be executed and distributed for signatures via email, and that the emailed signatures affixed by both parties to this Agreement shall have the same legal effect as if such signatures were in their originally written format. 7  < . AGREEMENT NO. NORTHEAST OHIO REGIONAL SEWER DISTRICT CERTIFICATION WITH CITY OF MIDDLEBURG HEIGHTS It is hereby certified that the amount required to FOR meet the contract, agreement, obligation, PROJECT AGREEMENT FOR PROPERTY payment or expenditure, for the above, has been ACQUISITION: lawfully appropriated or authorized or directed (PPN 372-06-002, PPN 372-06-003, PPN 372- 06-004, PPN 372-06-026, PPN 372-06-027, PPN for such purpose and is in the Treasury or in 372-06-028, PPN 372-06-029) process of collection to the credit of the fund free from any obligation or certification now Total Approximate Cost: $260,000.00 outstanding. KENNETH J. DUPLAY The legal form and correctness of the within CHIEF FINANCIAL OFFICER instrument are hereby approved. Date ERICJ. LUCKAGE CHIEF LEGAL OFFICER Date BUDGET CENTER 8100 8