Agreement: Nat Resources 1982 - Laserfiche WebLink

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AGREEMENT THIS AGREEMENT made and entered into this day of 1982, by and between the State of Ohio, Department of Natural Resources and the Chief Engineer, Department of Natural Resources, hereinafter referred to as the STATE and the City of Lakewood, acting by and through its Mayor, hereafter referred to as the CITY, pursuant to Section 1507.05 and 1507.051 of the Ohio Revised Code. WITNESSETH THAT: WHEREAS, there is located in the City of Lakewood, at 12500 Edgewater Drive a private area of shore line contiguous to Lake Erie in which the operation, maintenance and ownership is vested in the Waterford Condominum Owners' 'Association. AND WHEREAS, said Association has petitioned the CITY to act as their agent with the STATE, for the purpose of jointly constructing a precast concrete ,breakwater along the shoreline for protection of their properties against wave ¡action caused by storms on Lake Erie. AND WHEREAS, the CITY by Resolution No. 5629 dated December 15,1981, has agreed to act as agent for the association and has made application to the STATE on behalf of the Waterford Condominium Owner's Association to jointly construct the erosion protection facilities. The need for protection being concurred in by the STATE. WHEREAS, funds for the STATE's share of the construction costs are available in the State Treasury, special account, and said funds are to be encumbered to the approved contractor after proper advertising and bidding of the project by the CITY, as hereinafter set forth: NOW THEREFORE, in consideration of the mutual covenants by and between the ;parties hereto, the parties agree as follows: 1. The CITY will provide construction plans and specifications to perform 'the project work and will advertise, contract and construct the project. The final plans, specifications, and estimates prepared for the CITY, and endorsed by the officials responsible therefore, shall be submitted to the STATE for approval by the Chief Engineer and by the Director of the Department of Natural Resources. 2. The total estimated cost of this project is $210,000. The STATE agrees to pay one-third of the actual total construction costs of $70,000, .whi chever is 1 esser, and the CITY agrees to pay two-thi rds or $140,000 In no event shall the STATE's share of the project costs exceed $70.000 .' .