2021-10 - Metroparks Agreement - Laserfiche WebLink

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Exhibit A PROJECT AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND CLEVELAND METROPARKS FOR MAINTENANCE OF THE LAKEWOOD CONNECTOR TRAIL THIS PROJECT AND MAINTENANCE AGREEMENT (this "Agreement") is made and entered into as of the day of March, 2021 (the "Effective Date"), by and between the CITY OF LAKEWOOD ("Municipality"), pursuant to Ordinance , passed on , and the BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT, a political subdivision of the State of Ohio ("Manager," each a "Party," collectively, the "Parties"). RECTTALS A. Municipality is the owner of the Premises, consisting of to the publicly dedicated right-of-way of Detroit Avenue in Lakewood, Ohio, depicted on Exhibit A, which right-of-way is contiguous to property owned by Manager. B. As part of reconstruction work on Detroit Avenue, Municipality is constructing an all-purpose trail on the Premises, which all-purpose trail shall connect to an existing all-purpose trail owned and operated by Manager in Rocky River Reservation. C. Manager is authorized to develop, improve, protect, and promote the use of parks pursuant and subject to the provisions of Chapter 1545 of the Ohio Revised Code. D. Manager is experienced in the management and maintenance of land for conservation purposes and for recreational use by the public. E. Municipality wishes to rely on Manager's experience in the management of land for conservation and recreational purposes for the benefit of Municipality's citizens. F. Municipality desires to have Manager provide, and Manager desires to provide services related to the Premises. NOW, THEREFORE, for the premises set forth above, and in consideration of the mutual promises and agreements hereinafter set forth, Municipality and Manager agree as follows: 1. Definitions. In addition to other terms defined throughout this Agreement, as used in this Agreement, the following terms shall have the meanings indicated below: "Cleveland Metroparks Standards" shall mean the generally applicable and common standards and levels of maintenance, repair and operation provided by Manager from time to time with respect to all parks operated by Manager, as the same may be modified, changed or altered by Manager from time to time. "Commencement Date" means the substantial completion date of the reconstruction work of Detroit Avenue, expected to occur approximately during December of 2021, as the same may be postponed by mutual written agreement of the Parties. "Effective Date" means the date set forth in the Preamble of this Agreement.