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This Agreement is made and entered into this day of , 2013, by and between the Northeast Ohio Regional Sewer District (District) acting pursuant to Resolution No. 54-13, adopted by the Board of Trustees of the District on March 21, 2013 (Exhibit "A"), and the Village of Mayfield (Village) acting pursuant to Ordinance/Resolution No. adopted on . 2013 (Exhibit "B"). VVHEREAS, the District, pursuant to the authority of Ohio Revised Code Chapter 6119, and Title V of the District's Stormwater Management Code (Title V) is authorized to provide overall Stormwater Management of the Regional Stormwater System, including planning, financing, design, improvement, construction, inspection, monitoring, maintenance, operation, and regulation for the proper handling of stormwater runoff and the development and provision of technical support information and services to Member Communities; and WHEREAS, the District has been established as a regional governmental entity mandated to operate and maintain a Regional Stormwater System in the general area encompassing fully or partially the Village; and WHEREAS, flooding is a significant threat to public and private property, streambank erosion is a significant threat to public and private property, water quality, wildlife, and aquatic and terrestrial habitats; and inadequate stormwater management practices damage the water resources of Northeast Ohio, impairing the ability of these waters to sustain ecological and aquatic systems; and WHEREAS, there is a manifest need for a watershed-based approach to stormwater management to effectively and efficiently plan, design, construct, and maintain long-term solutions to stormwater problems; and WHEREAS, to ensure the consistent and coordinated delivery of District Regional Stormwater Management Program services within the Village, a Service Agreement between #he District and the Village is required. NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual promises contained in this Agreement, the District and the Village agree to the following: Article 1 Definitions 1.01 Emergency shall mean the following: 1) a serious, unexpected, and/or potentially dangerous situation or event requiring immediate action by the District, as determined by the District's Executive Director, including but not limited to, the potential for personal injury, damage to property of the District or any other party, or damage to the environment; or 2) a situation or event affecting the District Executive Director's ability