City Council

City of Middleburg Heights, Ohio Council Agenda January 9,2024 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofDecember 12,2023 Minutes ofExecutive Session ofDecember 12,2023 Minutes ofthe Public Hearing ofDecember 12,2023 Swearing-In Minutes of December 12,2023 Minutes ofthe Regular Meeting ofDecember 26,2023 COMMUNICATIONS Memorandum from Planning Commission advising members granted final approval of the Benedict Drive Subdivision as submitted by Ruggiero Construction. 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 JANUARY 9, 2024 PAGE 2 2024 PENDING LEGISLATION UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with Valeria L. Ritter, Regina B. Ritter, and Magdalene S. Ritter for the purchase of a temporary easement as part of the Sheldon Road Resurfacing Project. INTRODUCED BY COUNCILMAN MEANY An Ordinance authorizing the mayor to enter into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District(SWCD)to carry out mandated responsibilities related to the NPDES Storm Water Permit. INTRODUCED BY MAYOR CASTELLI An Ordinance authorizing the mayor and finance director to enter into a purchase agreement for the purchase of certain real estate in the City of Middleburg Heights to be used for the Abram Creek Detention Basins Project and declaring an emergency.  BOARDS AND COMMISSIONS Xs mo Norman Herwerden, Building Commissioner Matthew J. Castelli, May or Kim Earley, Secretary MEMORANDUM TO: MARY ANN MEOLA,CLERK OF COUNCIL FROM: KIM EARLEY,BOARDS AND COMMISSIONS SECRETARY DATE: DECEMBER 14, 2023 SUBJECT: RUGGIERO CONSTRUCTION,BENEDICT DRIVE SUBDIVISION,FINAL At the regularly scheduled Planning Commission meeting December 13, 2023, members granted final approval ofthe Benedict Drive Subdivision as submitted by Ruggiero Construction. In accordance with Section 1111.03: Record Map of the Codified Ordinances, final plans are referred to City Council for approval. The plans approved by the Planning Commission are attached. Please return four stamped copies of the plans after City Council takes action. BOARD OF ZONING PLANNING COMMISSION v| AND BUILDING APPEALS City of Middleburg Heights (440) 239-6252 15700 Bagley Road kearley@middleburgheights.com Middleburg Heights, OH 44130  DELIVERED JAN 04 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2024- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH VALERIA L RITTER, REGINA B. RITTER, AND MAGDALENE S. RITTER FOR THE PURCHASE OF A TEMPORARY EASEMENT AS PART OF THE SHELDON ROAD RESURFACING PROJECT WHEREAS, in advance of and as part of the Sheldon Road Resurfacing Project it is necessary for the City to acquire a temporary easement on private residential property; and WHEREAS, the temporary easement is being acquired for a public purpose, namely the establishment, construction, reconstruction, widening, repair, or maintenance of a public road. 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 enter into an agreement with Valeria L. Ritter, Regina B. Ritter, and Magdalene S. Ritter for the purchase of a temporary easement described in Exhibit A attached, on the following described real estate: Parcel(s): 1-T PID 113312 CUY-Sheldon Road PPN 371-17-002 Section 2: That there is hereby appropriated $. from the Streets/Infrastructure Improvements Fund to implement this Resolution. Section 3: 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: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  LPA RE 807 TE Rev. 10/2017 LPA Temporary Easement Valeria L. Ritter, Regina B. Ritter, and Magdalene S. Ritter, the Grantor(s), in consideration of the sum ofS500.00, to be paid by The City of Middleburg Heights, the Grantee, do grant to Grantee the temporary easement(s) to exclusively occupy and use for the purposes mentioned in Exhibit A the following described real estate: PARCEL(S): 1-T PID 113312 CUY-Sheldon Rd See Exhibit A Attached Cuyahoga County Current Tax Parcel No. 37117-002 Prior Instrument Reference; Instrument NO. 200211010859 and Instrument NO.200206211012, Cuyahoga County Recorder’s Office. To have and to hold the temporary easement(s), for the aforesaid purposes and for the anticipated period oftime described below, unto the Grantee, its successors and assigns. The duration ofthe temporary easement(s) granted to the Grantee is 6 months immediately following the date on which the work described above is first commenced by the Grantee, or its duly authorized employees, agents, and contractors. The temporaiy easement(s) interest granted is being acquired by Grantee for a public purpose, namely the establishment, construction, reconstruction, widening, repair or maintenance of a public road. Page 1 of2 Scanned with CamScanner  Individual ACK for Instnunenls ODOT LPA RE 830-1 Rev, 07/2020 In Witness Whereof Magdalene S. Ritter have hereunto set her hand on the. day o{QC%foW , Za2.Z ■ -4. fAU E S. RITTER STATE OF OHIO,County Of Cuyahoga ss; Be It Remembered that on the /^ ^ day of ,before me the subscriber, a Notary Public in and for said state and county, personally came the above named Magdalene S. Ritter who acknowledged the foregoing instrument to be her voluntary act and deed. No oath or affirmation was administered to Magdalene S. Ritter with regard to the notarial act. In Testimony Whereof,I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. ALBANOMAHIIA) NOTARY PUBUC-OHIO Notary Public I I(^COMMISSION EXPIRES My Commission expires: o This document was prepared by: The City of Middleburg Heights Scanned with CamScanner  ODOT LPA RE 830-1 Individual ACK for Instniments Rev. 07/2020 In Witness Whereof Regina B. Ritter have hereunto set her hand on the. IL day of , 'd0d3.-.- REGH^A B. RITTER STATE Of OHIO,COUNTY OF CUYAHOGA SS: Be It Remembered that on the day of , Qo33 ,before me the subscriber, a Notary Public in and for said state and county, personally came the above named Regina B. Ritter who acknowledged the foregoing instrument to be her voluntary act and deed. No oath or affirmation was administered to Regina B, Ritter with regard to the notarial act. In testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. ALBANOMAHiLAJ N0T7^.RY PUBLIC-OHIO Notary Public MY CCMMISSION EXPIRES My Commission expires: This document was prepared by: The City of Middleburg Heights Scanned with CamScanner ODOT LPA RE 830-1 Individual ACK for Insiraments Rev,07/2020 In Witness Whereof Valeria L. Ritter have hereunto set her hand on the. day of VALERIA L. RITTER Vf.SlK State Of OHIO,County Of Cuyahoga ss: Be It Remembered that on the liA day of , 2x^3,before me the subscriber, a Notary Public in and for said state and county, personally came the above named Valeria L. Ritter who acknowledged the foregoing instrument to be her voluntary act and deed. No oath or affirmation was administered to Valeria L. Ritter with regard to the notarial act. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. o. MBANOWAHILM Notary Public notary PUBLIC'OHIO My Commission expires: *=K*YCC\U.'ISS10N EXPIRES O >1 This document was prepared by: The City of Middleburg Heights Scanned with CamScanner  PARCEL 1-T II EXHIBIT "A SITUA TED IN THE CITY OF MIDDLESURG HEIGHTS, COUNTY OF CUYAHOGA, STATE OF OHIO AND BEING KNOWN /15 PART OF 01. 6, SECTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIP SHELDON ROAD CW-5 TEMPORARY EASEMENT FOR HIGHWA Y PURPOSES CITY OF BROOK PARK .0 0 10 20 0^/ SCALE IN FEET 0 SHELDON ROAD (600 A/ 652.78' S.88°41'07"E. 7 80° Lo ki o22 o 0: ct Lj <o O Uj •o 10.00' o S.88°4I'07"E. T: E> R/W X ^ S: o ^ \ k. ^ cc o' P - \ ntX ,0)" 50 SQ.FT. CITY OF MIDDLEBURG HEIGHTS 0.0011 AC. h- P.P.N. 371-17-002 RA YMOND P. RITTER AFN 200211010859 EUTHENICSf} 8235 Mohawk Dr.|Cleveland, OH 44136  EXHIBIT A RX 286T Page I of2 Rev. 12/16 VER. DATE 12/22/2022 PARCEL 1-T (SHELDON ROAD CW-5) TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO MAKE ROADWAY IMPROVEMENTS FOR APPROXIMATELY 12 MONTHS FROM THE DATE OF ENTRY BY THE COUNTY OF CUYAHOGA,OHIO (Surveyor’s description of the premises follows) Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and being known as part of Original Middleburg Township Lot 6, Section 8 and being part of a parcel of land conveyed to Raymond P. Ritter recorded in AFN 200211010859 Official Records Cuyahoga County, and bounded and described as follows: Beginning at a 5/8 inch iron pin monument box found at the intersection of the centerline of Engle Road, Width Varies, and the centerline of Sheldon Road, 60.00 feet wide; Thence S. 88°41'07" E., 652.78 feet along the centerline of said Sheldon Road to a point therein; Thence S. 01°18'53" W., 30.00 feet to its intersection with the southerly line of said Sheldon Road and the easterly line of Fox Hollow Drive, 50.00 feet wide, and being the Principal Place of Beginning of the parcel herein described: Thence with the following three (3) courses: 1) S. 88“41'07" E., 10.00 feet along the southerly line of said Sheldon Road, to a point therein; 2) S. 46®43'59" W., 14.24 feet, to its intersection with the easterly line of said Fox Hollow Drive; 3) N.02®09'04" E., 10.00 feet, along the easterly line of said Fox Hollow Drive to the Principal Place of Beginning and containing 50 square feet or 0.0011 acres of land more or less but subject to all legal highways. Page 1 of 2 - 1-T (Sheldon Road CW-5)  ♦ « EXHIBIT A RX 286 T Page 2 of2 Rev. 12/16 VER. DATE 12/22/2022 The bearings used in this description are based upon the Ohio State Plane Coordinates System, North Zone, NAD83(Conus)(Mol). The above-described parcel being part of Auditor’s Pennanent Parcel No. 371-17-002. This description was prepared by John M. Zaranec, Jr. P.S. 7126 and was based on a survey performed by Euthenics, Inc. in December, 2022. J X>HN M. % ZARANEC, JR. : PS-7126 i 'A <5 ■!5' Page 2 of 2 - 1-T (Sheldon Road CW-5)  DELIVERED JAN 04 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2024- Introduced By: Mr. Meany Co-Sponsors: Mr. Ali, Mr. McGregor AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT(SWCD)TO CARRY OUT MANDATED RESPONSIBILITIES RELATED TO THE NPDES STORM WATER PERMIT WHEREAS, the Cuyahoga Soil and Water Conservation District (SWCD) and the City of Middleburg Heights recognize the need for effective collaboration in protecting soil and water resources and in carrying out its mandated responsibilities, especially related to the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit; and WHEREAS, the Cuyahoga SWCD will provide technical assistance in implementing soil and water conservation measures that promote best practices for pollution prevention and corresponds with the City’s Municipal Separate Storm Sewer System permit. 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 a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District for services related to storm water pollution prevention and stormwater quality management at a cost not to exceed $ 28,150.00, 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. Passed; President of Council Attest: Clerk of Council Approved On; Presented to Mayor: Yea Nay Mayor Bortolotto Ali Sage Meany McGregor Ference Grech  MEMORANDUM OF UNDERSTANDING Between Cuyahoga Soil and Water Conservation District and the City of Middleburg Heights This Memorandum of Understanding (“MOU”) is made this day of , 2024 (“Effective Date”), between Cuyahoga Soil and Water Conservation District (SWCD) and City of Middleburg Heights (“City”), for assistance with technical assistance in implementing soil and water conservation measures. Purpose - Implementation of a conservation program that promotes best practices for pollution prevention and corresponds with the City’s Municipal Separate Storm Sewer System permit. Recognizing the need for effective collaboration in protecting soil and water resources and in carrying out its mandated responsibilities, especially related to the National Pollutant Discharge Elimination System (NPDES) Stomrwater Pennit, the City and Cuyahoga SWCD accept this agreement as the document which describes the process for exchange. Cooperation between these two units of government facilitates solutions to problems encountered by the City as it plans for the development/redevelopment and conservation of its environment and water quality improvements. The Ohio Revised Code, Chapter 940, describes Cuyahoga SWCD’s authority for engaging in this Mutual Agreement. NOW,THEREFORE,the parties’ understanding is as follows: Project Tasks Cuyahoga SWCD and the City have mutually agreed to the scope of technical assistance related to pollution prevention on disturbed sites, including construction sites disturbing one or more acres of total land, including the entire area disturbed in the larger common plan of development or sale (>1 acre) as required under the NPDES rules. Construction activities disturbing less than one acre and not part of a larger common plan of development or sale of total land (<1 acre), and not covered under the NPDES rules, will be reviewed by Cuyahoga SWCD as requested by the City. Cuyahoga SWCD will: (i) perform stormwater pollution prevention plan (SWP3)reviews for proposed development, redevelopment and infrastructure renovation projects; (ii) perfoim abbreviated construction plan reviews, as requested by the City; (iii) perform field reviews of active construction projects;(iv) perform long term maintenance field reviews of post-construction water quality facilities; and (v) provide written technical advisory reports detailing plan review recommendations, site conditions, and recommendations for compliance and/or maintenance activities needed. NPDES, Minimum Control Measure 4- Stormwater Pollution Prevention/Erosion & Sediment Control 1. Cuyahoga SWCD will provide technical assistance, related to stormwater pollution prevention and stonnwater quality management, as requested, including: a. Preliminary site planning meetings or conference calls; and b. Review of erosion and sediment control plans (ESCs)for development, redevelopment, and infrastructure renovation plans for compliance with NPDES rules (Ohio Revised Code 3745 39-04 (B)(1) through (6)) and the cument edition of Ohio’s Rainwater and Land Development standard guidance manual. 2. The annual conservation program will include technical assistance related to NPDES covered construction activities of an estimated of: Cuyahoga SWCD MOU 2024  a. Technical advisory inspections (field reviews) and reporting (12 per year per site) of 6-10 active construction sites (>1 acre) b. 6-10 initial ESC plan reviews, as received (>1 acre) c. Subsequent SWP3 review, as needed(>1 acre) d. Plan reviews for abbreviated construction plans will be performed at the request of the City. 3. Active construction program $18,150.00 NPDES, Minimum Control Measure 5- Post Construction Stormwater Management Cuyahoga SWCD will provide technical assistance, related to stonnwater pollution prevention and stormwater quality management, as requested, including: preliminary discussion, review, and technical assistance for SCM selection, including long term maintenance requirements for property owners; and a. Design review of post-construction stonnwater quality control measures(SCMs)for development, redevelopment, and infrastructure renovation plans for compliance with NPDES rules (Ohio Revised Code 3745 39-04(B)(1) through (6)) and the current edition of Ohio’s Rainwater and Land Development standard guidance manual, b. 6-10 initial SCM plan reviews (>1 acre) c. Initial SWP3 reviews, as received (>1 acre) d. Subsequent SWP3 review, as needed(>\ acre) e. Installation inspection of select SCMs, including trees and other items as requested. 2. As required under the MS4 Pennit, Cuyahoga SWCD will also provide annual inspections of post construction stonnwater control measures (water quality and water quantity basins): a. Transition meetings will be held with SWCD staff, city personnel and site personnel to review long-term operations and maintenance needs, and reporting requirements b. 51-100 water quality and 10-25 water quantity stonnwater eontrol measures annual long-tenn maintenance field reviews of post-eonstruction water quality/quantity facilities c. Technical advisoi7 inspection and reporting to the City and landowners with SCMs on their properties d. Maintenance program fact sheets, individual site assessments and training, as needed or requested 3. Post-construction program $10,000.00 Additional services Cuyahoga SWCD will provide: 1 . Planning assistance, technical advice, and landowner follow up, including: a. Technical assistance on local legislation if the City pursues universal application of accepted best management practices at construction sites; b. Sound stonnwater management; c. Protection of sensitive natural areas; d. General evaluation of sensitive areas such as creeks, floodplains, soils, slopes, wetlands, watersheds, woodlands, or other unique areas that are planned for development e. Recommendations for stream bank and wetlands restoration, slope erosion control; f Enhancement of small drainage systems and wildlife habitat enhancements; and 5' Resident and landowner assistance, as requested, to advise on SCM maintenance strategies. 2. Cuyahoga SWCD will provide administrative support, including: a. Provide an annual report of all activities undertaken (including copies of any other data collected); Cuyahoga SWCD MOU 2024  b. Project file management; c. Mapping of facility locations; d. Documenting LTOM plans and recorded LIMA agreements; and e. Data and assistance with MS4 reporting, as requested. 3. Additional services cost $2,850.00. Cuyahoga SWCD’s Role and Responsibilities Related to Stormwater Pollution Prevention Activities 1. Annual review of MOU services and portfolio of active and post-construction inspection sites 2. Coordinate a yearly stormwater program kickoff meeting. 3. Maintain contact lists. 4. Provide technical assistance as needed. City’s Role and Responsibilities Related to Stormwater Pollution Prevention Activities The City will provide an annual appropriation, not to exceed $31,000 for technical assistance related to NPDES covered construction activities. Should additional services be requested outside the scope of this MOU written amendments will be made and additional costs agreed upon by both parties. This memorandum of understanding will be reviewed each year to ensure agreed upon assumptions are still valid. 2. The City will designate one individual to serve as the City’s liaison for the stonnwater pollution prevention program. 3. The City will recognize the environmental and economic functions of naturally vegetated open spaces, such as wetlands, stream corridors, ravines, woodlands, and fields as worthy of the City’s protection as open space. 4. The City will utilize Cuyahoga SWCD’s technical assistance including plan reviews, project inventories, evaluations, and inspections of planned construction sites, water quality and water quantity basins or sensitive natural areas of concern. 5. The City will direct builders, developers, and consultants to Cuyahoga SWCD for assistance on planning and conservation early in the concept planning stage of the construction planning cycle. 6. The City will adopt, apply, and enforce Cuyahoga SWCD recommendations by not authorizing commencement and/or issuing work stoppage and other remedies. See city roles and responsibilities below for more information. 7. The City will provide Cuyahoga SWCD with field surveys, proposed layouts, designs or meeting notices needed for adequate technical assistance in a timely manner. 8. The City recognizes that Cuyahoga SWCD has no regulatory authority to enforce NPDES rules. Agreed Procedures • The City recognizes that Cuyahoga SWCD has expertise in compliance with the requirements of the OEPA’s NPDES regulations and is relying on such expertise. .1 ■ Cuyahoga SWCD MOU 2024  Cuyahoga SWCD recognizes that the City is the regulating authority. Consequently, Cuyahoga SWCD shall not send correspondence without the City first reading and approving such correspondence. The City shall notify SWCD of any questions, comments, and/or requested changes in a timely fashion. Cuyahoga SWCD shall respond to such questions, comments and make such changes in a timely fashion Cuyahoga SWCD is not granted regulatory authority in the Ohio Revised Code. Cuyahoga SWCD and the City will meet at least once a year to coordinate a work plan and exchange infonnation. Cuyahoga SWCD will provide the City with a written annual summary, relevant to its role, as outlined in this MOU. The NPDES rules, current edition of Ohio’s Rainwater and Land Development standard guidance manual, and standards of the USDA, Natural Resources Conservation Service will be used in planning and application of conservation measures. That both parties will review the quality of assistance and address concerns as they arise. There shall be no discrimination exercised against any person because of race, color, religion, national origin, sex, gender, ancestry, age, disability, sexual orientation, sexual identify, genetic infonnation, political affiliation, or military status when fulfilling the purpose of this engagement. The City recognizes Cuyahoga SWCD’s obligation to make its reports and other written materials available to the public on request in accordance with the Ohio Public Records Act. The City agrees to grant an annual conservation appropriation to Cuyahoga SWCD, not to exceed $31,000 per twelve-month period following the Effective Date and Cuyahoga SWCD agrees to use the grant funds to provide a comprehensive conservation program for the City. The City and Cuyahoga SWCD will detemrine the most effective manner to appropriate the funds. The City will provide a resolution to Cuyahoga SWCD that acknowledges this working agreement and provides documentation to facilitate dispersal of funds to Cuyahoga SWCD on an annual basis. Term, Renewal, Termination The tenn of this CONTRACT shall begin on the Effective Date first stated above and when SWCD receives written notice from the City, in a fonn approved by SWCD and in accordance with Sections 5705.41 and 5705.44 of the Ohio Revised Code; and shall end on the same date twelve (12) months thereafter, unless this CONTRACT is terminated sooner, or unless the CONTRACT is extended by the CITY,for one additional one- year term of twelve (12) months, at the sole discretion of the CITY. If the CITY exercises its option to renew the CONTRACT for one additional twelve-month period, the CONTRACT shall continue in effect for said periods, unless the CONTRACT is terminated sooner, or unless it is further extended by mutual agreement, in writing, of the parties hereto. Cuyahoga SWCD MOU 2024 The exercise by the CITY of its option to extend the CONTRACT for one additional twelve (12) month period is subject to appropriation by City Council. Any such extension shall be under the same terms and conditions as set forth in this CONTRACT. The CITY shall provide notice in writing to SWCD before the end of the initial twelve (12) month term if the CITY has determined to extend the CONTRACT for an additional one-year period. This MOU may be amended or terminated at any time by mutual consent of both parties or the agreement may be temrinated by either party giving thirty (30) day’s advance written notice to the other. In witness thereof, the Memorandum executed and agreed to on the latest day, month and year written below: Cuyahoga Soil & Water City of Middleburg Heights Conservation District By: By: Hon. Matthew Castelli Board Chair Mayor Date: Date: Cuyahoga SWCD MOU 2024  DELIVERED JAN 04 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2024- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL ESTATE IN THE CITY OF MIDDLEBURG HEIGHTS TO BE USED FOR THE ABRAM CREEK DETENTION BASINS PROJECT AND DECLARING AN EMERGENCY WHEREAS, flooding of public and private property has been a concern throughout the City of Middleburg Heights for many years; and WHEREAS, it is the desire of the Mayor and Council to work towards the elimination of all flooding concerns within the City and to improve stormwater management within the City; and WHEREAS, the acquisition of this parcel of land will allow the City to proceed with necessary improvements to increase stormwater detention capacity to reduce flooding within the City. 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 purchase agreement, a copy of which is attached hereto and marked “Exhibit A”, for the purchase of certain real estate and improvements in the City of Middleburg Heights. Section 2: That there is hereby appropriated from the Streets/Infrastructure Improvements Fund $. for the purchase of a certain parcel of real estate, closing costs and related fees, expenses, and demolition and removal improvements on said parcel. 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. Section 4: 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 detention basins 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 Ali Sage Meany McGregor Ference Grech  REAL ESTATE PURCHASE AGREEMENT - Dated: December 17. 2023 THIS AGREEMENT is made as of the dates shown below by and between Athena Callas Trust whose address for notices purposes shall be 7153 Darrow Road Hudson, OH 44236 (hereinafter "Sellers"), and , City of Middleburg Heights, an Ohio Municipal Corporation , whose address for notice purposes shall be 15700 Bagley Road Middleburg Heights, OH 44130 (herein after "Buyers"). WITNESSETH WHEREAS, Sellers are the owners of certain real property located at 7056 Pearl Road, Middleburg Heights, Cuyahoga County, OH Permanent Parcel NO 372- 23-026, which property is further described in the legal description which is attached hereto and made a part hereof as Exhibit A, together with any and all buildings, fixtures, improvements, easements, rights-of-way, and any other rights appurtenant thereto (ail of the above being hereinafter referred to as the "Premises"); WHEREAS, Buyers desire to purchase the Premises from Sellers and Sellers desire to sell the Premises to Buyers on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the parties agree as follows: 1. PURCHASE PRICE The purchase price for the Premises shall be ONE FlUNDRED EIGHTY Thousand Dollars and no/100 Cents ($180,000.00) (hereinafter the "Purchase Price"), to be paid as follows: A Upon Sellers' execution hereof. Buyers shall deposit with American Title Associates Agency, Inc. 4505 Stephen Circle NW Suite 200, Canton, OH 44718 (the "Ti tl e Company"), ONE Thousand dol lars ($1 ,000.00) (the "Deposit"). The Deposit shall be held by the Title Company in a non-interest bearing account until closing, as herein defined, at which time the Deposit will be applied toward the Purchase Price or expenses of Buyers hereunder, or otherwise in accordance with the terms hereof. B. At closing. Buyers shall deliver to the Title Company for delivery to Sellers in accordance herewith, by wire transfer or bank check, the remaining balance due on the Purchase Price, plus or minus the adjustments to be made thereto. 2. INSTRUMENTS OF CONVEYANCE Sellers shall deliver copies of the following documents to Buyers and the originals of the following documents to the Title Company prior to closing: A. A good and sufficient general deed (the "Deed") conveying to Buyers good and sufficient marketable and insurable tee simple title to the Premises, free and clear of all liens, clouds, encumbrances and encroachments whatsoever, except the following: (i) real estate taxes which are a lien against the Premises, but are not yet due and payable as of the closing date, which shall be pro-rated to the closing date; and (ii) easements, covenants, conditions, reservations and restrictions of record; B. An affidavit of no liens satisfactory to the Title Company so that the mechanics lien exception can be removed from the title policy provided for hereinafter; and 3. EVIDENCE OF TITLE. Within fifteen (15) days after the execution of this Agreement by Sellers and Buyers, Sellers shall cause the Title Company to issue a current owners title insurance commitment covering the Premises in the amount of the Purchase Price. The commitment must show title to the Premises to be in Sellers, and shall name Buyers or its nominee as the proposed insured. Buyers shall have ten (10) days after receipt of such commitment and at Buyers' election after receipt of a location survey, to review the same and to advise Sellers of any objections thereto. Upon receipt of notice from Buyers that there is a cloud upon title or other encumbrance, encroachment or interest not permitted under Section 2A above. Sellers shall have thirty (30) days in order to remove any such exception which is not acceptable to Buyers or otherwise to cure any cloud, encumbrance or matter affecting title. If Sellers do not cure or otherwise discharge such encumbrance or encroochment or it the same cannot be removed at the time of closing by the payment of proceeds out of Purchase Price, then Buyers may elect to (i) terminate this Agreement, In which case all obligations of Buyers hereunder shall be extinguished and the Deposit shall be immediately returned to Buyers by the Title Company, without the need for any consent or instruction from Sellers or any other third party; (ii) extend the permitted time in which such exceptions may be removed or cured in which case the date of closing shall be adjusted accordingly; or (iii) take title as then held by Sellers and proceed to closing hereunder. Following the closing. Sellers shall cause the Title Company to issue a final Owners Title Insurance policy, insuring Buyers' free and clear marketable title in the Premises. Sellers and Buyers agree that marketability of title shall be determined in accordance with the standards of title examination adopted by the Ohio State Bar Association. Buyers and seller will split the cost of the above-required title insurance coverage. A SURVEY. Buyers may, at Buyers' sole cost and election, obtain a location survey or an ALTA survey covering the Premises. -2- 1 nOSING DATE. Unless the parties otherwise agree in writing, this^ transaction shall close on or before February 1,2024 (the "Closing Date ). The closing will take place at the Title Company or at suchtoother the location agreed upon terms and conditions by Sellers and Buyers. The Closing Date will be subject the Title Company shall of Section 10, 1 1 and 12 hereof. On the Closing Date, cause the Deed and other documents to be recorded, to insure in Buyers good record title to the Premises, and shall disburse the Purchase Price as set forth herein, including such disbursements as may be necessary for the satisfaction of Premises. any and all mortgages, or other liens affecting the ^ POSSESSION. Full possession of the Premises shall be delivered from Sellers to Buyers upon transfer of the title. 7. PRO-RATIONS AND CHARGES. A. The Title Company shall pro-rate and apportion, as of the Closing Date, real estate taxes and general assessments, and/or betterment assessments. Proration of taxes and assessments shall be based upon the last available tax duplicate and/or assessment. B. At closing. Sellers shall pay: (i) 50% of the cost of the title insurance referenced above, (ii) 50% of the cost of the deed preparation, (iii) 50% of the cost of recording the Deed, (iv) 50% of Title Company's closing fee, including Title Examination and binder, and (v) 50% of the conveyance Fee (vi) All legal fees, if any, incurred by Sellers in this transaction, (vii) Sellers pay real estate taxes and general assessments, and/or betterment assessments. Proration of taxes and assessments shall be based upon the last available tax duplicate and/or assessment. c. At closing, Buyers shall pay: (i) 50% of the cost of the title insurance referenced above, (ii) 50% of the cost of the deed preparation, (iii) 50% of the cost of recording the Deed, (iv) 50% of Tifle Company's closing fee, including Title Examination and binder, and (v) 50% of the conveyance Fee (vi) All legal fees, if any, incurred by Buyers in this transaction. INSPECTION AND RIGHT OF ACCESS. For ten (10) days from and after the execution of this agreement by both parties hereto. Buyers, and Buyers’ representatives, agents, employees, consultants and/or contractors shall have the right to enter upon and inspect the Premises at reasonable times. At Buyers' sole cost and expense. Buyers shall have the right to make such inspections, studies, and exammations as are, in Buyers' reasonable judgment, necessary or desirable in order to determine the suitability of the Premises for Buyers' intended use thereof. Buyers shall, within such ten (10) day period, advice Sellers that the Property is unacceptable and provide Sellers with a copy of the inspection report showing necessary repairs in excess of five percent (5%) of purchase price, in which case, Buyers may void this Agreement and all monies paid by Buyers, including the Deposit, shall be immediately refunded to Buyers. Should Buyers fail to timely deliver such notice and report to Sellers, this contingency shall be removed and Buyers shall proceed to purchase the Premises pursuant to the terms of this Agreement. 9. AS-IS PROVISION. Buyers agree and acknowledge that the Premises is being conveyed AS-IS, WHERE-IS. WITH ALL FAULTS, and that, Sellers have not made any representations or warranties, either express or implied, regarding the Premises or the condition thereof, including but not limited to, the condition of the roof, structure, basement (structural or water seepage),furnace, air conditioning,sewer system, electrical, plumbing, and appliances. Buyers have read and understand this Section 9. Buyers' initials 10. CONDEMNATION. If between the dotes of this Agreement and the Closing Dote any condemnation or eminent domain proceedings are initiated which might 'result in the taking of any part or all of the Premises, Buyers may either (i) terminate this Agreement, in which event Buyers' Deposit shall be returned to Buyers without the need for any Instruction or consent of Sellers, and oil rights and obligations of the parties hereunder shall cease; or (ii) elect to consummate this transaction, in which event Seilers shall assign to Buyers all of Sellers right, title and interest in and to any award made in connection with such condemnation or eminent domain proceeding.Sellers shall immediately notify Buyers in writing of the occurrence of any condemnation or eminent domain proceedings, and thereafter Buyers shall have three (3) days to notify Sellers of Buyers' election. Should Buyers fail to timely make such election, this contingency shall be removed and Buyers shall proceed to purchase the Premises pursuant to the terms of this Agreement. The Closing may be delayed until Buyers make such election. If Buyers elect to consummate the transaction, the date of Closing shall be adjusted accordingly. 1 1 . INSURANCE; DESTRUCTION OF PREMLSF.S. Sellers shall assume the risk of loss to the Premises from fire or other casualty until Closing, and shall insure the same for the fair market value of the buildings and improvements located thereon, if any. If all or any part of the Premises is damaged or destroyed by fire or other casualty prior to the Closing of this transaction. Buyers may either (i) elect to proceed with this transaction in which event Buyers shall be entitled to ail insurance monies, if any, payable to Sellers under any and oil policies of insurance covering the Premises and/or any building thereon so damaged or destroyed; or (ii) elect to rescind this Agreement, in which event Buyers' Deposit shall be returned to Buyers without the need for any instruction or consent of Sellers, and all rights and obligations of the parties hereunder shall cease. Buyers shall make an election hereunder in writing within three (3) days after Sellers provide Buyers with notice specifying the damage and the total amount of all insurance proceeds available to Sellers as a result thereof. Should Buyers fail to timely make such election, this contingency shall be removed and Buyers shall proceed to purchase the Premises pursuant to the terms of this Agreement. If necessary, the Closing Date may be delayed by the time period in which Buyers has to make an election. 12 REMEDIES. A If Sellers should fail to perform in accordance herewith, or otherwise breach or warranties any of the terms, covenants,agreements, representationsobtain an innnnediate ^ontaned herein then Buyers may terminate this Agreement and return o Buyers' Deposit without the need for any instruction or consent from Sellers. Buyers rnay seek such other damages or remedies which may be available to Sellers at law or in equity. B. If Buyers should fail to perform any of their obligations hereunder, or othewise be in default hereunder. Sellers may declare this Agreernent to be terminated, in which event. Buyers' Deposit shall be forfeited to Sellers to and Sellers may Sellers at law or in seek such other damages or remedies which may be available equity. KB. BROKER. Sellers and Buyers hereby represent that neither party has retained with the services of or the sale of the communicated with any broker, realtor or agent in connection Premises. Buyers and Sellers agree that each party shall be solely responsible for fully satisfying any commission, compensation or other fees to be paidwhichto a real estate such party may broker in connection with or arising out of any communications herein. have had with a broker concerning the transaction contemplated 14. NOTICES All notices to be given pursuant to this instrument shall be sufficient if given by personal service,guaranteed overnight delivery service, or if mailed postage prepaid,certified or hereto at the addresses as set registered mail, return receipt requested, to the parties forth above, or to such other address as a party may request in writing. Any time period provided in the giving of any notice hereunder shall commence upon the date of personal service, the day after delivery to the guaranteed overnight delivery service, or two (2) days after mailing certified or registered mail. 15. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 1 6. CAPTIONS. The captions in this Agreement are inserted for convenience and C0ference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 1 7. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 18, TIME. Time is of the essence of this Agreement and of each and every provision hereof. In the computation of any period of time provided for in this Agreement or by  rpspq 39|Sa!i-SE5p- 7 z' T / x>a4DG t I 2^''^/'9-)/-z i / V/'/r |sn.ij SDijDO Dusqiv sasnss ;pspa joAdw 'illS-ISDO T MatfiiDW ;(jeAng) SjiiBiBH Sjnqsippiw jO ■'4!D •Moiaq qyoj jss ssjop 3Lj| uo SJaAng puo sjenas Aq peinDexs A|np useq sDij juauisajSv qm 'j03a3HAA SS3N11M Ni •otLjO |0 sMDj am LjjjM sDUDpiODDD ui panijsuoa puD Aq p3UJ3Ao5 sq ||Dqs lUSUisSJBv sjqiPMt ssjBd SJ3j[8S puD sjaAng M¥T ONINHSAOO ■p9^Dp;|i:v !.i| ic !jSJ;Dda!; 09 iOCijo S'. ; • i V 01. ;iou; cur: .; . ija pJD93jc.yrj iue',.i9-?,iDp ilUl iC SJGp./.C.Ui 9'.i. .,cpu:r.cu5i =u: '9i3C.90J...|;jC if - :cp|0.- c:ir 'U: 90 O; ocuo:;: 9; ^! T"OS iuo.sciLuco jc- ijncc- d. AC piOU Si A-.9UJ99.iO- Om> jO UOpiACUd /liO ' Aii'llQVaS OSUiOd Sl{! 'JS 1 iUSAjSSipD :sjp.'0 Sp! iepilliSUOO |Li9Ui59.iB -r' pUl 'iUeiuSS.it'D SJDiOdSs -u.: .JpCi ;9' S.;C ■> 'a! jO: :09i:u3 JO LilSjSU UaCj 19S AjUS.'0'.'S SSOui jo: idscus A isuiss-ifi'-' ou: oi s|.np: jo io ccd c i.ucj oosiis .'■c.-. IC. Ds:;ss.!CiVS AO ,jC SC.-J'J-'-'S.SJCO Ae|iUO,UCv/. C.J‘,.ii0.iU&CS.!dS; ' .LiouipL!..: ■;o SJC 9,:SU; ,rv; ■- fj'C-i .ca poo Oieiicc cot oe.'nq "jcnWSqy’o “ •ADpiioq |d6s| jo Aopunc 'AopiniDc d jou si MDiM/u Aop ixeu am io pus sm i!|un uai o| paiueap aq finqs pousd em ssqd qoiqM ui 'ADpiioiJ peai .10 Anpuns ADp.!fi|DS d si |i jssjun 'pspopui aq ||di.|s pouad udos }0 Aop jsdi aqi puo papnjDxa aq jpus sunj au-ii{ |o poiiS'd pios ipajM ujojj iUSAe jo po siii jo Aop aui md| Exhibit A iccoiffucu fHvinmtiit, niuuaiea iti itie City of Hiddleburg Heights, , Cou?itj/of Cvyahoga and State of Ohio: And known as being part of Original Hiddleburg Township hot No, 14, Turnpike Tract, and bounded and described ns follows! Beginning on the center line of Pearl Rond, (66 feet wide), at the most Southerly corner of land conveyed to Emma D, Hutchinson, by deed dated November 25, 1924, and recorded in Volume 3018 Page 553 of Ciryahoga County Records; thence Northeasterly along the center line of Pearl Rond, 138 feet to the moat Southerly corner of land conveyed to Evelyn M, Morgan, by deed dated March 12, 1945 and recorded in Volume 5848, Page 483 of Cuyahoga County Recorda; thence Northwesterly along the South westerly line of land so conveyed, 600 fpctto the Southeasterly line of Innd conveyed to Paul and Mary Lapenis, by deed dated October 30, 1951 and recorded in Volume 7428, Page 238 of Cuyahoga County Records; thence Southwesterly alone the Southeasterly lino of land so convoyed, and along the Southwesterly prolongation thereof, 138 feet to the Southwesterly line of land conveyed to Emma D. Hutchinson, as aforesaid; thence Southeasterly along the Southwesterly so conveyed, 600 feet to the piece oC beginning, be the seme mote or less, but subiect to all legal highways, Permanent Parcel No, 372-23-26