47-67 Resurface West 117th Street

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-2- WHEREAS~ One half of the improvement as described ~ve lies within the corporate limits of the City of Lakewood; ah~ WHEREAS, the County of Cuyahoga will contribute f~ft~ perce~% (50%) of the total cost of the project and the remainln~ fifty percent (50%) will be shared by the Cities of Lakewood and Cleve- land. NOW, THEREFORE, in accordance with the covenants and agree- ments herein contained to be performed by the parties hereto and the payments hereinafter agreed to be paid~ it is mutually agreed between the parties hereto as follows: FIRST: That the COUNTY will improve West ll7th Street (Highland Avenu'e) from Lake Avenue to Madison Avenue by replacing all flexible macadam pave- ment and defective concrete pavement with new 9" concrete pavement~ all in accordance with the plans~ specifications and estimates prepared by the Cuyahoga County Engineer° SECOND: That the road improvement shall consist of the removal of all flexible macadam pavement and defective concrete pavement and the replacement with new nine inch (9") concrete pavement. THIRD: That the COUNTY will~ at its own expense, make the preliminary survey~ prepare the construction plans~ prepare and award the construction con- tract and furnish all supervismon during construction. Fe~RTH~ That the plans and specifications will be sub- mitted to the CITY for approval before bids for construction are req~estedo FIFTH: That the CITY will enact legmslatmon prohibiting pavement opening in the pavement replaced~under this contract~ except for emergency or necessary repairs to existing utility installations~ for a period of five (5) years after completion of the project° SIXTH: That the CITY agrees to pay twenty five percent (25%) of the cost of the road improvement° SEVENTH: That if the COUNTY is formally requested by CITY Resolution to include the construction of sanitary sewers, water lines~ area storm sewers (drainage of area surrounding the improvement) and sidewalks or other items in the improvement that are in addition to those now existing and not provided for elsewhere in this ~greement~ the COUNTY will do SO~ provided that this con- struction meets with the approval of the COUNTY and the CITIES involved in this improvement; and that the CITY agrees to pay its proportion of the entire cost of said:~dditional construc- tion and its'~proportion of ~e entire cost of preliminary and design engineering~ but exclud- ing construction supervision, of said addition- al work requested by it.