33-65 Improve Rocky River Harbor

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be subject to reimbursement back or reduction of contribu- tion in the same proportion after actual costs have been determined, if the actual cost is less than said estimated cost. If the actual cost of said project is greater than the estimated cost this agreement is null and void and all parties concerned will be released from the terms of this agreement, and all funds shall be refunded thereto. Each of the parties hereto will hold and save the United States Government free from damages to property belong- ing to each of said parties due to the construction and maintenance of said improvements and will endeavor to obtain releases to the United States Government for such damages from abutting private property owners. A committee to be known as the Rocky River Harbor Control Committee, consisting of the Director of the Department of Natural Resources, State of Ohio~ the Director of the Cleveland Metropolitan Park District~ and the Mayors of the Cities of Lakewood and Rocky River, or the duly designated representatives of such officials, is hereby established for the purpose of regulating the use, growth and development of the harbor facilities, with the understanding that said facilities within the limits of the project improvements will be open to all on equal terms, subject to laws and regulations of the United States Government applicable to navigable streams and laws and regulations of the State of Ohio applicable to waters of the State. The administration and execu- tion of the authority of such Control Committee shall be eo~ercised by the Cities of Lakewood and Rocky River as to that portion of the harbor facilities north of the Detroit Avenue Bridge, and by the Park Board as to that portion of the harbor facilities south of the Detroit Avenue Bridge. Suitable depths in service channels to principal docks and berthing areas will be provided and maintained where necessary by abutting private and public owners. The public dock known as the Port of Lakewood located on the east side of the river just south of the Detroit Avenue Bridge is on property belonging to the Park District. A launching ramp and parking facilities are located on park property south of the public dock. Such facilities are open to all members of the public on equal terms. The Park District will continue to main- tain these facilities at its expense. The aforesaid agreement shall not be effective or bind- ing upon the City of Lakewood unless all local bodies named therein contribute the sums indicated as their share of the project cost, nor unless the Federal Government agrees and convenants to maintain Rocky River Harbor as improved in perpetuity without addi- tional cost to the City of Lakewood. Nothing herein shall bind or obligate the present or any future Council of the City of Lakewood or the Leg- islative Body of any party hereto to e~end or appro- priate any funds or moneys for any further project, maintenance or improvement connected with or related to said improvement project.