8739-14 Authorize asbestos removal and abatement at McKinley

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SUBGRANT AGREEMENT THIS SUGRANT AGREEMENT (this "Agreement'), is made and entered into as of May _, 2014 (the "Effective Date "), by and between City of Lakewood, a municipal corporation and political subdivision of the State of Ohio organized and existing under the Constitution and laws of the State of Ohio (the "Subgrantee "), by and through its Mayor, acting pursuant to an ordinance passed by the legislative authority thereof (herein and in Schedule 1, the Subgrantee Ordinance), and COUNTY OF CUYAHOGA, OHIO, a county and political subdivision of the State of Ohio (the "Grantor "). WITNESSETH WHEREAS, the Grantor is the recipient of, and is authorized to make certain subgrants from the United States Environmental Protection Agency's Brownfields Revolving Loan Fund (herein and in Schedule 1, said grant hereinafter referred to as the "USEPA BRLF "); WHEREAS, on October 8, 2008, the Grantor entered into a Cooperative Agreement with the USEPA which governs the distribution and administration of the Subgrant funds. WHEREAS, Subgrantee intends to remove and dispose of asbestos (hereinafter referred to as " Subgrantee's Work "), on the property known as former McKinley School site (herein and in Schedule 11 the "Project') and located at 1381 West Clifton Boulevard in the City of Lakewood, Cuyahoga County, Ohio, as more fully described in Exhibit A attached hereto and incorporated herein (herein and in Schedule 1, the "Prop "), WHEREAS, Subgrantee has applied to Grantor for a Subgrant for the purpose of funding a portion of the Subgrantee's Work on the Property; WHEREAS, Subgrantee has engaged a Project Engineer to prepare Specifications and to oversee the Subgrantee's Work on the Property, and to certify completion of the Project; WHEREAS, Subgrantee has prepared an Analysis of Brownfield Cleanup Alternative ( "ABCA ") and Grantor has prepared a Community Relations Plan, all of which have been approved by the USEPA; WHEREAS, Grantor is willing to grant a Subgrant (herein and in Schedule 1, the "Subgrant ") to Subgrantee upon the terms and conditions hereinafter set forth; WHEREAS, unless otherwise specifically defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms on Schedule 1 attached hereto and incorporated herein; NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements herein contained, the sufficiency of which is hereby acknowledged, the parties hereto represent and agree as follows: