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City Council

Regular Meeting

Middleburg Heights, OH · May 19, 2022

Agenda

Agenda

City of Middleburg Heights, Ohio Council Agenda May 24,2022 6:45 P.M. PUBLIC HEARING ORDINANCE NO.2022-24 ’ Revised Zoning Code/Zone Map 7:00 P.M. REGULAR MEETING • CALL TO ORDER • ROLL CALL • PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of May 10,2022 Minutes ofthe Public Hearing of May 10,2022 COMMUNICATIONS Notice to Legislative Authority from Ohio Division of Liquor Control requesting license transfer from Toledo Inns Inc, Crowne Plaza to Engle Road LLC, Crowne Plaza. Email from Chief Tomba stating no objections. Memorandum from Planning Commission recommending approval of Ordinance No. 2022-24 adopting the revised 8**^ draft ofthe zoning code and revised zoning map. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, 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 MAY 24, 2022 PAGE 2 2022 PENDING LEGISLATION 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), Public Hearing 5/24/22) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI A Resolution urging the Federal Trade Commission to investigate possible gas price gouging. INTRODUCED BY COUNCILMAN MEANY A Resolution authorizing the mayor and finance director to enter into a contract with Tri Mor Corp. for the 2022 Street Repair Program Phase 1 Paula Drive Reconstruction. INTRODUCED BY COUNCILMAN MEANY A Resolution authorizing the mayor and finance director to enter into a contract with Crossroads Asphalt Recycling, Inc. for the 2022 Street Repair Program Phase 2 Glenridge Avenue and Packard Avenue. INTRODUCED BY COUNCILMAN GRECH An Ordinance amending Chapter 618 entitled “Animals” of the Codified Ordinances of the City of Middleburg Heights. INTRODUCED BY MAYOR CASTELLl An Ordinance authorizing the City of Middleburg Heights, Ohio to accept title to certain real property located within the city and immediately transfer title back to the current owner for the purpose of implementing Tax Increment Financing pursuant to Ohio Revised Code Section 5709.41; and declaring an emergency. INTRODUCED BY MAYOR CASTELLl An Ordinance authorizing the mayor and finance director to enter into a contract with ABC Rental Center and declaring an emergency. City of Middleburg Heights, Ohio Council Agenda MAY 24, 2022 PAGES ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 9-24-19 Discussion regarding ordinance regulating fences 11-23-21 Rezoning application received from MVAEI Holding EEC 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. AH, Chairman 11-13-18 Ordinance No. 2018-92, Dedicated space for seniors in community center 2-26-19 Proposed Charter Amendments - mayor term limits/firing of directors EEGISEATION & RUEES COMMITTEE - Mr. Ference. Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Eimits PUBEIC HEAETH. SAFETY & REEIEF COMMITTEE - Mr. McGregor. Chairman 9-22-20 Hotel/Motel Security Eegislation PUBEIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman STREETS. UTIEITIES & RAIEROAD COMMITTEE - Mr. Meanv. Chairman 1-22-19 Eetter from Diane Bickett, Executive Director, dated .lanuary 7, 2019 regarding ratification of the Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation of the Eittle Red School House OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P.0, BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (614)644-2360 FAX(614)644-3166 TO 9867230 TRFO YK ENGLE RD LLC PERMIT NUMBER TYPE DBA CROWNE PLAZA CLEVELAND AIRPORT 10 01 2021 7230 ENGLE RD & PATIO ISSUE DATE MIDDLEBURG HGTS OHIO 44130 03 30 2022 FILING DATE D5A D6 PERMIT CLASSES 18 352 C F27458 TAX biSTRICT RECEIPT NO. FROM Si 8959500 TOLEDO INNS INC PERMIT NUMBER TYPE DBA CROWNE PLAZA CLEVELAND AIRPORT 10 01 2021 7230 ENGLE RD & PATIO ISSUE 0/iTE MIDDLEBURG HGTS OHIO 44130 03 30 2022 FILING DATE D5A D6 PERMIT CLASSES 18 ^ TAX DISTRICT RECEIPT NQ. MAILED RESPONSES MUST BE POSTMARKED NO LATER THAN. 0(a/io/QoQdi 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 TRFO 9867230 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 1 IN OUR COUNTY SEAT. I—I IN COLUMBUS. WE DO NOT REQUEST A HEARING. □ DID YOU MARK A BOX? IF NOT, THI S WILL BE CONSIDERED A LATE RESPONSE. PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) (Title)- □ 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 REV. 03/09 DLC 4052 Mary Ann Meola From: Edward Tomba <etomba@middleburgheights-oh.gov> Sent: Monday, May 16, 2022 1:10 PM To: Mary Ann Meola Subject: RE: Liquor License Transfer No objections to The Crown Plaza request. ETCOP From: Edward Tomba Sent: Friday, May 13, 2022 1:20 PM To: Mary Ann Meola <mmeola@mbhts.com> Subject: Re: Liquor License Transfer Got it Ed Tomba On May 13, 2022, at 1:10 PM, Mary Ann Meola <mmeola(aimbhts.com> wrote; 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 liquor license transfer for the Crowne Plaza. Please let me know if you have any objections by May 18, 2022. Thank you, Mary Ann 1 Boards and Commissions City of Middleburg Heights i 15700 Bagley Road ■ Middleburg Heights, Ohio 44130 • 440-239-6252 * Fax 440-234-9092 r- I kearley@iniddleburgheights.com i( -1 V Kim Earley Nomian H. Herw'erden Secretaiy Building Commissioner or MEMORANDUM TO: MARY ANN MEOLA,CLERK OF COUNCIL FROM: KIM EARLEY,PLANNING COMMISSION SECRETARY DATE: MAY 18, 2022 SUBJECT: ORDINANCE 2022-24 At the Special Planning Commission meeting May 18, 2022 members voted to recommend approval of Ordinance 2022-24 adopting the revised 8* Draft of the Zoning Code of the City of Middleburg Heights, Ohio received May 13,2022 and the revised Zone Map ofthe City of Middleburg Heights, Ohio received May 17, 2022 and repealing Ordinance 1982-170 and all amendments thereto. Planning Comniission • Board ofZoning and Building Appeals delivered may 1 9 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By; Mr. All A RESOLUTION URGING THE FEDERAL TRADE COMMISSION TO INVESTIGATE POSSIBLE GAS PRICE GOUGING WHEREAS, gas prices are hitting record highs causing financial pain at the pump for millions of Americans, spurring questions about why fuel is so expensive; and WHEREAS, extremely high gas prices have their root in the COVID-19 pandemic, with Russia’s war on Ukraine causing a rapid spike pushing prices higher; and WHEREAS, when demand for gas and oil plunged during the pandemic, OPEC and oil-producing nations cut production and as the global economy recovered OPEC was slow to ramp up production and is still lagging; and WHEREAS, an emergency gives companies an excuse to spike their prices, then the emergency ends, and gas prices don’t go back down; and WHEREAS, the Federal government regulates most everything but the price of gas, higher gas prices fuel out of control inflation; and WHEREAS, the cost of gasoline in some locations within the City of Middleburg Heights has risen by 50 cents overnight, increased gas prices hurt every resident and small business; and WHEREAS, gas prices have purposely been raised before a high traffic holiday, this is price gouging in any other commodity market; and WHEREAS, an increase in gasoline prices should be capped at no more than 5 cents in a 24-hour period and gasoline prices should not be increased between deliveries; and WHEREAS, the Oil and Gas Industry Antitrust Act seeks to require the FTC to investigate whether the price of gasoline is being manipulated by reducing refinery capacity or by any other form of market manipulation or artificially increased by price gouging practices. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That this Council opposes inflated fuel prices and urges the FTC to investigate whether the price of gasoline is being manipulated or artificially increased by price gouging practices. 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 Fere nee Grech delivered may I S 20?2 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By: Mr. Meany Co-Sponsors: Mr. Ali, Mr. McGregor A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TRI MOR CORP. FOR THE 2022 STREET REPAIR PROGRAM PHASE 1 PAULA DRIVE RECONSTRUCTION WHEREAS, pursuant to legal advertisement duly made, sealed bids were received on May 12, 2022, for the 2022 Street Repair Program Phase 1 Paula Drive Reconstruction in accordance with specifications on file with the City Engineer; and WHEREAS, the bid of Tri Mor Corp., 8530 North Boyle Parkway, Twinsburg, OH 44087 for the 2022 Street Repair Program Phase 1 Paula Drive Reconstruction in the amount of $933,975.00 is determined to be the lowest and best bid, therefore. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the bid of Tri Mor Corp for the 2022 Street Repair Program Phase 1 Paula Drive Reconstruction in an amount not to exceed $ 933,975.00 being the lowest and best bid submitted pursuant to legal advertisement and specifications on file with the City Engineer, be and the same is hereby accepted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Tri Mor Corp., 8530 North Boyle Parkway, Twinsburg, OH 44087 in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated up to $933,975.00 from the Street/Infrastructure Capital Improvement Fund to implement this Resolution. Section 4: 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 delivered may 1 S 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By: Mr. Meany Co-Sponsors: Mr. AN, Mr. McGregor A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CROSSROADS ASPHALT RECYCLING, INC. FOR THE 2022 STREET REPAIR PROGRAM PHASE 2 GLENRIDGE AVENUE AND PACKARD AVENUE WHEREAS, pursuant to legal advertisement duly made, sealed bids were received on May 12, 2022, for the 2022 Street Repair Program Phase 2 Glenridge Avenue and Packard Avenue in accordance with specifications on file with the City Engineer; and WHEREAS, the bid of Crossroads Asphalt Recycling, Inc., 13421 Hawke Road, Columbia Station, OH 44028 for the 2022 Street Repair Program Phase 2 Glenridge Avenue and Packard Avenue in the amount of $303,616.75 is determined to be the lowest and best bid, therefore. NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1 ; That the bid of Crossroads Asphalt Recycling, Inc. for the 2022 Street Repair Program Phase 2 Glenridge Avenue and Packard Avenue in an amount not to exceed $303,616.75 being the lowest and best bid submitted pursuant to legal advertisement and specifications on file with the City Engineer, be and the same is hereby accepted. Section 2: That the Mayor and finance Director are hereby authorized to enter into a contract with Crossroads Asphalt Recycling, Inc., 13421 Hawke Road, Columbia Station, OH 44028 in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated up to $303,616.75 from the Street/Infrastructure Capital Improvement Fund to implement this Resolution. Section 4: 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 delivered may I 9 ?0?? Revised 5/11/2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. Grech Co-Sponsors: Mr. Bortolotto, Mr. Ference AN ORDINANCE AMENDING CHAPTER 618 ENTITLED “ANIMALS OF THE CODIFIED ORDINANCES OF THE CITY OF MIDDLEBURG HEIGHTS NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Section 618.08 entitled “Permit to Keep Animals” shall be repealed. Section 2; That Section 618.09 entitled “Issuance of Permit; Conditions” shall be repealed. Section 3: That Section 618.01 entitled “Definitions” shall be amended to read as follows: 618.01 DEFINITIONS. As used in this chapter: (a)“Horse” includes a pony, donkey, mule, burro, or any other equine animal, (b)“Farm Animal” includes any domestic species of animal that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an “exotic animal” and is not a house pet such as a dog, cat or similar, (c) “Predatory Bird” includes an owl, hawk, falcon, eagle, or similar bird that feeds principally by catching living prey, (d)“Stable” means any structure or building used for the keeping, lodging, or feeding of horses, (e)“Coop” and “Cage” means a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals or birds, (f) “Enclosure" means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area. Section 4: That Section 618.02(a) shall be amended to read as follows: (a) No person, being the owner or having charge of horses, mules, cattle, swine, sheep, goats, geese, ducks, turkeys, chickens or other fowl or animals shall permit the same to run at large on any public street or upon any unenclosed lands within the corporate limits. »*■ ^ r Section 5; That Section 618.11(a) shall be amended to read as follows; (a) No person shall keep a horse, or pony, gow, steer, or sheep on any lot within the City unless adequate fencing is provided so as to keep such animal securely confined. Such fencing shall conform to all building and zoning laws. Section 6: That Section 618.12(a) shall be amended to read as follows: (a) All stables, yards, and corrals where a horse, or pony, cow, steer, or sheep is kept shall be maintained in a sanitary condition and shall be kept clean and in good repair so as to prevent the breeding of flies and the emission of deleterious and offensive odors. Section 7: That Section 618.13 shall be amended to read as follows: The provisions of this chapter shall apply to all stables erected or constructed after the first adoption of this chapter (Ordinance 1970-69, passed June 9, 1970). The provisions of this chapter shall apply to all horses, or ponies, cows, steers, and sheep hereafter kept within the City except that those persons who presently maintain any number of horses or cows in excess of the amount allowed by this chapter, upon securing a permit licenses for such horses or cows within 30 days of the effective date of this chapter (Ordinance 1971-122, passed December 14, 1971), shall have the right to continue to maintain such number of horses or cows. (Ord. 1983-43. Passed 4-12-83.) Section 8: That Section 618.14 shall be amended to read as follows: Whenever it is necessary for the City to take charge of or confine any horse, eow, cat, dog, fowl or other animal, the City shall recover from the owner thereof the cost of such capture and confinement prior to the release of such fowl or animal. Such cost shall include teft fifty dollars ($50.00) for the first 4ak4f>g charge of or GOftfinement, twenty-five dollars ($25.00) for the second taking charge of or confinement and one hundred dollars ($100.00) for the third taking charge of for taking charge of or confinement and shall include boarding charges at the rate of three ten dollars ($10.00) per day or any part thereof. Section 9: That new Section 618.xx entitled “Keeping of Farm Animals” be enacted to read as follows: 618.XX. KEEPING OF FARM ANIMALS (a) The regulations of this section are established to permit the keeping of farm animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe, (b) The keeping of chickens, ducks, and rabbits, and the cages, coops, and enclosures for the keeping of such animals in residential districts shall be governed by the following regulations: (1) Number. No more than six such animals shall be kept on a parcel of land used or zoned as tmder a residential lot. of 130,680 square feet or 3 acres. (2) Setbacks^—The coops, cages or enclosures that house such animals may not be located in the front or side street (on a corner lot) and shall not be located within twenty (20) feet of a side yard line nor within twenty (20) feet of a rear yard line. ■f (2) Horses and Ponies. No person shall keep or raise any horse or pony within the Municipality without having first obtained a written permit from the Division of Building to keep such an animal, an application form and registration for such permit shall be upon as prescribed by the Division of Animal Control and shall set forth the name, age, breed, description and any special markings peculiar to such animal and the name, address, and telephone number of the owner and/or keeper of such animal. The fee for such permit shall be five dollars ($5.00) for each animal so registered. The City must be notified upon any changes to the registration such as acquiring a new farm animai or upon the death of a farm animal. The perrmt-shail-be valid for a period of one year and shall be renewable annually.—The Division of Building shall issue a permit for keeping a horse or pony when all conditions All persons must conform to the zoning laws of the City. (3) Prohibited Animals. No roosters, geese, turkeys, peacocks, Guineafowl, cows, steer, camelidae, goats, sheep, or pigs may be kept in any residential district. No predatory birds may be kept on any residential property. (4) Coops. Cages & Enclosures. Chickens, ducks, and rabbits shall be provided with a covered, predatory-proof coop, cage or enclosure that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials. The total area of all coops, cages or enclosures on a lot shall not be greater than thirty-two (32) square feet for up to 6 animals. Coops, cages, and enclosures singly or in combination shall not exceed fifteen twelve (12) feet in height. All coops must comply with the zoning laws of the City. (5) Enclosures and Fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each bird. (6) Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals,shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property. (7) Animal or Bird Noise. It shall be unlawful for any person or party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises. f-Q^—Apptieation to Division of Building. Any person proposing to keep farm animals on a property in the City of-Middleburg Heights, or to expand sudi use shall apply for approval from the Division of Building. The Divrsion of Building shall determine if the application follows regulations regarding construction and permitted placement ef-enclosures, fences, coops, flyway barriers, stables and other structures used in the keeping of farm animals and whether the property is occupied by a condemned building. (8) Building Permits. A building permit shall be required for the installation of a fence or for construction of a stable or other structure routinely requiring such permit, except that no building permit shall be required for cages or coops that are not permanently attached to the ground. (9) Enforcement. The Division of Building and/or Animal Control shall have the authority to inspect any property to determine compliance with the regulations of this Section regarding the construction and permitted placement of enclosures, fences, cages, coops, stables, and other structures used in the keeping of farm animals and shall have the authority to enforce the regulations of this Section as they apply to such matter. fTQV-Review and Expiration- Not later than 2 years after the effective date of this Section, the Division of Building and/or Animal Control shall submit a report to City Council listing any public complaints received and any enforcement actions taken during the first 2 years after the effective date of this Section-relative to the keeping of farm animals in accordance with the regulations of this Section. Upon receiving this report. City Council shall use this report to decide on the effeetiveness of the regulations. The section 618.xx (b)12 shall expire and beef no further force and effect 3 years after the effective date of section 618.xx. (10) Penalty. Whoever violates section 618.xx is guilty of a misdemeanor of the third degree. Section 10: 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 Presented to Mayor: Mayor Attest: Approved On: Clerk of Council Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech delivered may I 9 ?02? CITY OF MIDDLEBURG HEIGHTS,OHIO Ordinance No. 2022- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE CITY OF MIDDLEBURG HEIGHTS,OHIO TO ACCEPT TITLE TO CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY AND IMMEDIATELY TRANSFER TITLE BACK TO THE CURRENT OWNER FOR THE PURPOSE OF IMPLEMENTING TAX INCREMENT FINANCING PURSUANT TO OHIO REVISED CODE SECTION 5709.41; AND DECLARING AN EMERGENCY WHEREAS,the City of Middleburg Heights, Ohio (the “City”)is desirous of encouraging economic development within the City to create jobs for its residents and to increase the City’s tax base; and WHEREAS, in furtherance of those efforts, the City has implemented a Comprehensive Plan, and has undertaken efforts during 2021 and 2022 to update the Comprehensive Plan through meetings with community stakeholders and City residents (collectively, the “Development Plans”); and WHEREAS, as evidenced by the Development Plans, the City is “engaged in urban redevelopment” as provided in Ohio Revised Code (“R.C.”) Section 5709.41; and WHEREAS, pursuant to R.C. Sections 5709.41, 5709.42 and 5709.43, the City is authorized to enact an ordinance (the “TIE Ordinance”) to declare “Improvement”(as defined in R.C. Section 5709.41) to be a public purpose and exempt from real property taxation so long as (1)the City held fee title to such real property prior to the adoption of the TIE Ordinance, and (2) such real property is leased or conveyed to any person either before or after the adoption of the TIE Ordinance; and WHEREAS, Pearl Partners EEC (the “Developer”) desires to construct or cause to be constructed a commercial development(the “Project”)on certain parcels ofreal property described and depicted on Exhibit A attached hereto (the “Property”) within the City; and WHEREAS, the City desires to support the project through the passage of the TIP Ordinance pursuant to R.C. Section 5709.41; and WHEREAS,in order to pass the TIP Ordinance, the City is required to accept fee title to the Property and transfer fee title to the Property back to the current owner; and WHEREAS,an emergency exists in the usual daily operations of the City, that emergency being related to the need to effectuate the property transfer as quickly as possible to allow the City to pass the TIP Ordinance, which will result in the creation and retention of jobs, all of which improve the health, safety, and welfare of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,COUNTY OF CUYAHOGA,OHIO, AS FOLLOWS: Section I; The Mayor or any other officer of the City is hereby authorized to (a) enter into a Transfer and Indemnification Agreement,(b)accept title to the Property, as described and depicted on Exhibit A attached hereto, via quitclaim deed,(c) to immediately transfer title to the Property back to the current owner(s) via quitclaim deed, and (d)to take any and all other actions required to effectuate the transfer ofthe property, including, but not limited to, recording the deeds with the Cuyahoga County Recorder. Section 2: That the property is not needed for a municipal purpose. Section 3: That waiving competitive bidding in connection with the City’s conveyance of the Property to the current owner is justified and reasonable because the property conveyances are necessary for the Project and to fulfill the City’s urban redevelopment plan with respect to the same. Section 4: 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 ofthe Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 5: This Ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereto. 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 Ali Sage Meany McGregor Ference Grech EXHIBIT A PROPERTY The Property is the real estate: Parcel 1: Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio, being part of Original Middleburg Township Lot No. 11, Turnpike Tract, and part of a parcel of land now or formerly owned by Pearl Partners, LLC. as recorded in AFN:201611160607 of Cuyahoga County Records, now being further known as Parcel 1 in the Map of Lot Split, Consolidation, and Dedication Plat for 6850 6860 and 6786 Pearl Road as recorded in AFN; of Cuyahoga County Records, containing 1.1759 acres, more or less, but subject to all highways, covenants, and easements of legal record as surveyed in March 2022 by Matthew A. Hildebrandt, Registered Professional Land Surveyor No. 8817 on behalf of McSteen Land Surveyors under Project No. 21-318. Parcel 2: Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio, being part of Original Middleburg Township Lot No. 10 and Lot No. 11, Turnpike Tract, and part of a parcel of land now or formerly owned by Pearl Partners, LLC. as recorded in AFN; 201611160607 of Cuyahoga County Records, now being further known as Parcel 2 in the Map of Lot Split, Consolidation, and Dedication Plat for 6850 - 6860 and 6786 Pearl Road as recorded in AFN; of Cuyahoga County Records, containing 1.1638 acres, more or less, but subject to all highways, covenants, and easements of legal record as surveyed in March 2022 by Matthew A. Hildebrandt, Registered Professional Land Surveyor No. 8817 on behalf of McSteen Land Surveyors under Project No. 21-318. Parcel 3: Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio, being part of Original Middleburg Township Lot No. 10 and Lot No. 11, Turnpike Tract, and part of a parcel of land now or formerly owned by Pearl Partners, LLC. as recorded in AFN: 201611160607 and AFN: 201611230300 of Cuyahoga County Records, now being further known as Parcel 3 in the Map of Lot Split, Consolidation, and Dedication Plat for 6850 - 6860 and 6786 Pearl Road as recorded in AFN: of Cuyahoga County Records, containing 4.9973 acres, more or less, but subject to all highways, covenants, and easements of legal record as surveyed in March 2022 by Matthew A. Hildebrandt, Registered Professional Land Surveyor No. 8817 on behalf of McSteen Land Surveyors under Project No. 21-318. TRANSFER AND INDEMNIFICATION AGREEMENT (PEARL PLAZA .41 TIF) This Transfer and Indemnification Agreement(“Agreement”) is entered into this day of , 2022, by and between Pearl Partners LLC, an Ohio limited liability company (the “Indemnitor”), and the City of Middleburg Heights, an Ohio municipal corporation (the “City”). Recitals WHEREAS, the parties are undertaking the urban redevelopment of the real property described in Exhibit A (the “Project Site”): and WHEREAS,to support that urban redevelopment, the City agreed to include the Project Site in a tax increment financing (“TIF”) area under Ohio Revised Code Section 5709.41; and WHEREAS, in order to include the Project Site in that TIF area, the City must have acquired fee title to the Project Site while engaged in urban redevelopment, and the parties intend to transfer fee title to the Project Site to the City and then back to the Indemnitor; and WHEREAS,the parties desire to memorialize their agreement to convey the Project Site and protect the City against any liabilities that may occur as a result of the conveyance to the City and re-conveyance back to the Indemnitor of the Project Site. Agreement NOW THEREFORE,in consideration of their mutual covenants set forth herein and their respective commitments for the urban redevelopment of the Project Site, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the foregoing and as follows: Section 1. Transfer. The Indemnitor agrees to convey to the City title to the Project Site via quitclaim deed (the “Transfer Deed”). The City hereby agrees to reconvey to the Indemnitor or its designee title to the Project Site via quitclaim deed immediately following recordation of the Transfer Deed in the records of the Cuyahoga County Fiscal Officer. Section 2. Indemnification. The Indemnitor agrees to indemnify the City and hold harmless and defend the City from and against, and pay for, any and all costs, losses, liabilities, damages and expenses, including reasonable fees and expenses of attorneys, that are not offset by insurance proceeds and that are paid or incurred by the City as a result of or relating to the conveyance of the Project Site to the City by Indemnitor or the re-conveyance of the Project Site by the City to the Indemnitor or its designee, including but not limited to costs, losses, liabilities, damages, and expenses incurred due to claims of any violations of any local, state, or federal environmental rules, ordinances, acts, laws or regulations; provided, however, that the foregoing indemnification and agreement to hold harmless shall not include any costs, losses, labilities, damages, or expenses pair or incurred by the City to the extent that the same result from the act or omission ofthe City, its elected officials, employees, contractors, agents, or others under the City’s control. The City must give prompt notice to the Indemnitor of the assertion of any claim or the commencement of any suit, action or proceeding with respect to which indemnity may be sought hereunder, specifying, if known, the facts pertaining thereto and the amount or an estimate of the amount of the liability arising therefrom, provided, however, failure to give such notice does not relieve the Indemnitor of any liability hereunder (except to the extent the Indemnitor has suffered actual prejudice thereby). The Indemnitor has the right to participate in or assume the defense of any such suit, action or proceeding at its own expense, and the City has the right(but not the duty) to participate in the defense thereof, which will be at the Indemnitor’s expense unless it has assumed the defense thereof Whether or not the Indemnitor chooses to defend or prosecute any claim, the Indemnitor and the City will cooperate in the defense or prosecution thereof and will take all such actions as may be reasonably requested in connection therewith. The Indemnitor also hereby agrees to forever acquit and discharge the City from any and all liabilities, damages, losses, costs, actions, manners of aetion, causes of action, claims and/or demands of any nature and description, both known and unknown, suspected and unsuspected, foreseen and unforeseen, and whether arising in law or in equity, which result or may result in the future as a result of or relating to the eonveyance of the Project Site to the City by the Indemnitor, or the re-conveyance of the Project Site by the City to the Indemnitor or its designee; provided, however, that the foregoing acquittal and discharge shall not include any costs, losses, liabilities, damages and expenses, including reasonable fees and expenses of attorneys, that are not offset by insurance proceeds and that are paid or incurred by Indemnitor, to the extent that the same result from the act or omission of the City, its elected officials, employees, contractors, agents, or others under the City’s control. The Indemnitor must obtain the same release of the City as that contained in Paragraph 2 above from any other developer(s) with whom it partners in connection with the development of the Project Site. Section 3. Notices. All notices or other correspondence relating to this Agreement must be in writing (including e-mail or facsimile) and must be delivered or sent guaranteed overnight delivery, by facsimile or e-mail (to be followed by personal or overnight guaranteed delivery, of requested) or by postage prepaid registered or certified mail, return receipt requested, and will be deemed to be given for purposes ofthis Agreement on the date such writing is received by the intended recipient. Unless otherwise specified in a notice sent in accordance with this section, all communications in writing must be given to the parties at the following addresses: 2 As to the City: City of Middleburg Heights, Ohio 15700 Bagley Road Middleburg Heights, Ohio 44130 Attn; Director of Economic Development With a copy to: City of Middleburg Heights, Ohio 15700 Bagley Road Middleburg Heights, Ohio 44130 Attention: Law Director Phone; (440)234-8811 As to the Indemnitor; Pearl Partners EEC 3311 Richmond Road, Suite 200 Beachwood, Ohio 44122 Attention: Marc Click Phone: (216)464-2000 With a copy to: Singerman Mills Desberg & Kauntz Co. LPA 3333 Richmond Road, Suite 370 Cleveland, Ohio 44122 Attention: Gary S. Desberg Phone: (216)292-5807 Section 4. Successors: Assignment; Amendments. Changes and Modifications. This Agreement is binding upon the Indemnitor, the City and their respective successors in interest and the City and its successors in interest. This Agreement may not be assigned by the Indemnitor or the City without the prior written consent ofthe other. This Agreement may only be amended by written instrument executed by the City and the Indemnitor. Section 5. Extent of Covenants: No Personal Liability. All obligations of the parties contained in this Agreement are effective and enforceable to the extent authorized and permitted by applicable law. No such obligation will be deemed an obligation of any present or future member, officer, agent, or employee of any of the parties hereto in their individual capacity. Section 6. Severability. Ifany provision ofthis Agreement is held to be illegal, invalid or unenforceable,that provision is fully severable. This Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never fonned a part of this Agreement and the remaining provisions ofthis Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. 3 Section 7. Separate Counterparts. This Agreement may be exeeuted by the parties hereto in separate counterparts, each of which when so executed and delivered will be an original, but all such counterparts will together constitute one and the same instrument. Electronic signatures(such as documents executed pursuant to a reputable document execution software, e.g. DocuSign)or signatures transmitted or stored by facsimile or electronic means are deemed original signatures and duplicates are deemed original copies of this Agreement. Section 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the matters covered herein and supersedes prior agreements and understandings between the parties on this subject matter. Section 9. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Ohio. [Signatures on next page] 4 IN WITNESS WHEREOF,the parties have caused their duly authorized representatives to execute this Agreement as of the date first set forth above. PEARL PARTNERS LLC, an Ohio CITY OF MIDDLEBURG HEIGHTS, limited liability company OHIO,an Ohio municipal corporation By: By: Name: Matthew J. Castelli, Mayor Title: Approved as to form: Law Director 5 Exhibit A [See Attached] . delivered may I 3 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ABC RENTAL CENTER AND DECLARING AN EMERGENCY WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding $10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHEREAS, ABC Rental Center is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide certain products and services needed for the Summer in the City community festival to be held June 16 through June 18, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract with ABC Rental Center to provide certain products and/or services to the City, 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 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 and for the further reason that this Ordinance is required to be immediately effective in order to provide equipment for the community festival being held June 16 through June 18. 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 Ali Sage Meany McGregor Ference Grech Page 1 of 3 Status: Quote 6514 Pearl Road Quote#: q13686-1 Parma Heights, OH 44130 www.abcrentalparma.com Quote To: Sun 6/12/2022 9:00AM 440-886-0018 Phone 440-886-5151 Fax Operator: MATT I Customer#: 126 Terms: N30 CITY OF MIDDLEBURG HTS., Phone 440-234-2255 15700 BAGLEY RD. MIDDLEBURG HTS, OH 44130 Salesman: Andrew Zatik 440-554-6695 andrew.zatik@gmail.com Qty Items Rented Set# Status Rental Period Price TENTS 1 40’ X 60- FRAME TENT, NAVI HIP END Rental Sun 6/12/2022 to $2,800.00 Mon 6/20/2022 10FT LEGS 1 40’ X 40’ FRAME TENT, NAVI GABLE END Rental Sun 6/12/2022 to $2,400.00 Tue 6/14/2022 2 SIDEWALL. 10’X20’. NAVI Rental Sun 6/12/2022 to $200.00 Mon 6/20/2022 40FT END SIDED 1 10’X 20'FRAME TENT, CALI Rental Sun 6/12/2022 to $210.00 Mon 6/20/2022 PLEASE INFORM ABC IF RETURNED WET COMES WITH; 40-PINS 5 - ROPES 7-112" POLES 4-82" POLES 2 - 5" POLES 6-92" POLES 4 - CORNERS 2-rs 1-CENTER 2 - 4 WAYS 3 34’ X 40’ FRAME TENT,PEAK MARQUEE. HEX Rental Sun 6/12/2022 to $3,600.00 Mon 6/20/2022 2 GUTTER / JOINER. 20’. PEAK MARQUEE Rental Sun 6/12/2022 to $40.00 Mon 6/20/2022 15 10’ X 10' FRAME TENT, Q-PEAK Rental Sun 6/12/2022 to $2,025.00 Mon 6/20/2022 FINAL NUMBER TBD - STAKED ON ONE SIDE 16 SIDEWALL,8' X 20’, PEAK MARQUEE Rental Sun 6/12/2022 to $880.00 Mon 6/20/2022 FINAL NUMBER TBD 2 15’ X 15- FRAME TENT. PEAK MARQUEE Rental Sun 6/12/2022 to $530.00 Mon 6/20/2022 15X30 LEMONADE TENT 1 GUTTER / JOINER, 15'. PEAK MARQUEE Rental Sun 6/12/2022 to $20.00 Mon 6/20/2022 1 20' X 20’ FRAME TENT. PEAK MARQUEE Rental Sun 6/12/2022 to $380.00 Mon 6/20/2022 MED TENT' 4 GUTTER / JOINER, 20’. PEAK MARQUEE Rental Sun 6/12/2022 to $0.00 Mon 6/20/2022 48 TENT ANCHOR BLOCK. 700 LBS. Rental Sun 6/12/2022 to $2,400.00 Mon 6/20/2022 STAGE 16 4'X8' STAGE SECTION Rental Sun 6/12/2022 to $1,280.00 Mon 6/20/2022 13 4’ X 4' STAGE SECTION Rental Sun 6/12/2022 to $520.00 Mon 6/20/2022 42 STAGE LEG EXTENSION,28"-44" Rental Sun 6/12/2022 to $126.00 Mon 6/20/2022 6 STAGE LEG, 12" WITH FOOT Rental Sun 6/12/2022 to $18.00 Mon 6/20/2022 1 6 STEP ULTRA STAGE STAIRS Rental Sun 6/12/2022 to $65.00 Mon 6/20/2022 Mon-Fri; 7:30am-5pm, Sat: 8am-2pm, Sun; Closed Modification #5 Printed On Mon 5/16/2022 9:37:29AM Software by Point-of-Rental Software www.point-of-rental.com Contract-Params.rpt (9) Page 2 of 3 Quote#: q13686 CITY OF MIDDLEBURG HTS., Illllllllllllllllllllllllllllllllllllll Qty Items Rented Ser# Status Rental Period Price 12 4' STAGE SAFETY RAIL Rental Sun 6/12/2022 to $240.00 Mon 6/20/2022 PIPE & DRAPE 7 3' PIPE & DRAPE UPRIGHT POLE Rental Sun 6/12/2022 to $21.00 Mon 6/20/2022 Setup/takedown not included. Available for additional labor charge. 4 8' PIPE & DRAPE UPRIGHT POLE Rental Sun 6/12/2022 to $16.00 Mon 6/20/2022 Setup/takedown not included. Available for additional labor charge. 11 15" PIPE & DRAPE BASE PLATE Rental Sun 6/12/2022 to $44.00 Mon 6/20/2022 Setup/takedown not included. Available for additional labor charge. 11 6’-10’ EXTENDABLE PIPE & DRAPE CROSSBAR Rental Sun 6/12/2022 to $71.50 Mon 6/20/2022 Setup/takedown not included. Available for additional labor charge. 28 3' X 4' ROYAL BLUE PIPE DRAPE Rental Sun 6/12/2022 to $70.00 Mon 6/20/2022 INFRONT OF STAGE $23.00 REPLACEMENT COST PER MISSING OR DAMAGED CLOTH. PLEASE DO NOT PUT CLOTHS IN BAG IF WET! 16 8'X4' BLACK PIPE DRAPE Rental Sun 6/12/2022 to $69.60 Mon 6/20/2022 BACK STAGE Setup/takedown not included. Available for additional labor charge. $15.00 REPLACEMENT COST PER MISSING OR DAMAGED CLOTH. PLEASE DO NOT PUT CLOTHS IN BAG IF WET! TABLES & CHAIRS 600 WHITE RESIN CHAIR WITH PAD Rental Sun 6/12/2022 to $2,550.00 Mon 6/20/2022 ‘SETUP/TAKEDOWN ARE NOT INCLUDED. AVAILABLE FOR ADDITIONAL LABOR CHARGE 200 BLACK RESIN CHAIR WITH PAD Rental Sun 6/12/2022 to $850.00 Mon 6/20/2022 ‘SETUP/TAKEDOWN ARE NOT INCLUDED. AVAILABLE FOR ADDITIONAL LABOR CHARGE 50 8' WOOD BANQUET TABLE Rental Sun 6/12/2022 to $475.00 Mon 6/20/2022 •DO NOT LEAVE TABLES MADE OF WOOD OUT IN THE RAIN. •PLEASE REMOVE ALL STAPLES. THUMBTACKS AND TAPE TO AVOID CLEANING CHARGES. •SETUPn-AKEDOWN ARE NOT INCLUDED. AVAILABLE FOR ADDITIONAL LABOR CHARGE 18 60" ROUND WOOD TABLE Rental Sun 6/12/2022 to $198.00 Mon 6/20/2022 ' •DO NOT LEAVE TABLES MADE OF WOOD OUT IN THE RAIN. •PLEASE REMOVE ALL STAPLES. THUMBTACKS AND TAPE TO AVOID CLEANING CHARGES. •SETUP/TAKEDOWN ARE NOT INCLUDED. AVAILABLE FOR ADDITIONAL LABOR CHARGE MISC 3 FAN, 36". AIR MOVER Rental Sun 6/12/2022 to $120.00 Mon 6/20/2022 4 FAN, 30", IND.WHITE.PEDESTAL Rental Sun 6/12/2022 to $120.00 Mon 6/20/2022 ** PLUG UNIT INTO A GROUNDED RECEPTACLE ONLY!•• 2 FAN, 13-.TENT. W/CLAMP, WHITE Rental Sun 6/12/2022 to $45.00 Mon 6/20/2022 *• PLUG UNIT INTO A GROUNDED RECEPTACLE ONLY! ** 1 DUNK TANK, TOWABLE Rental Sun 6/12/2022 to $225.00 Mon 6/20/2022 MUST BE USED WITH ADULT SUPERVISION! MAXIMUM CAPACITY OF 250 LBS SITTING ON PLANK! REPLACEMENT SEAT IS $250.00 3 BALLS. SOFTBALLS Rental Sun 6/12/2022 to $0.00 Mon 6/20/2022 DELIVERY & LABOR 1 SETUP/TAKEDOWN OF SMALL FRAME Retail Sun 6/12/2022 to $1,710.00 1 SETUP OF STAGE Retail Sun 6/12/2022 to $562.25 1 TAKEDOWN OF STAGE Retail Sun 6/12/2022 to $562.25 1 SETUP OF PIPE & DRAPE Retail Sun 6/12/2022 to $73.00 1 TAKEDOWN OF PIPE & DRAPE Retail Sun 6/12/2022 to $73.00 1 AFTER HOURS LABOR Retail Sun 6/12/2022 to $1,000.00 4 DEL/PU-PARMA HTS Delivery Sun 6/12/2022 to $360.00 Additional charges may apply depending on location & load in/load out distance. Delivery Sun 6/12/2022 8:00AM - 5:00PM Pickup Mon 6/20/2022 8:00AM ■ 5:00PM Mon-Fri: 7;30am-5pm. Sat: 8am-2pm, Sun: Closed Modification #5 Printed On Mon 5/16/2022 9;37:29AM Software by Point-of-Rental Software www.pointof-rental.com Coniract-Params.rpt (9) Quote#: q13686 CITY OF MIDDLEBURG HTS., Page 3 of 3 15700 BAGLEY RD. 15700 BAGLEY RD. MIDDLEBURG HTS, OH 44130 MIDDLEBURG HTS, OH 44130 Quote valid for 30 days. Rental: $22,609.10 Damage Waiver: $2,713.09 Sales: $3,980.50 Delivery Charge: $360.00 Subtotal: $29,662.69 Total: $29,662.69 Paid: $0.00 Signature: CITY OF MIDDLEBURG HTS., Amount Due: $29,662.69 Mon-Fri: 7:30am-5pm, Sat: 8am-2pm, Sun: Closed Modification #5 Printed On Mon 5/16/2022 9:37:29AM Software by Point-of-Rental Software www.point-of-rental.com Contract-Params.rpt(9)

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