PiATUREWfORKS LOCAL GRAPIT PROGR~n+i
<br />:SFLtYE/LOCAL PRO]ECT AGREEMEIaT
<br />The State of Ohio, represented by the Ohio Departrnent of Naturel Resources (ODNR), and Mayfield ~Ilage (hereinafter
<br />referred to as the Local Agency, grantee, recipient) agree to provide an outdoor recreation improvement project as
<br />follows:
<br />Paricview Tennis Courts CUYA-077
<br />A. The Local Agency agrees to: Construct two new tennis courts.
<br />The_ Local Aoency sionatorv to this NatureWorks StatelLocal Proiect Agreement agrees to rnmolete this oroject on
<br />or before ®ecember 3fl, 2048
<br />The State of Ohio may, at any time after exeartion of this Agreement, upan 30 days written notification,
<br />terminate any portion or all of the work or services. In the event of such termination, the Local Agency shall be
<br />paid a pro reta amount for services rendered up to the time of termination.
<br />The project period shall begin with the date of approval of the project agreement or the effective date of a waiver
<br />of retroactivity and shall terminate at the end of the stated or amended project period unless the project is
<br />completed or terminated sooner in which event the project shall end on the date of completion or termination.
<br />This agreement shall be valid and enforceable only if in the event this agreement extends in time beyond the
<br />current biennium, funds are appropriated and the Director of the Office of Budget and Management certifies,
<br />pursuant to Ohio Revised Cade Section 126.07, that there is a balance in fire appropriation not previously
<br />obligated to pay existing obligations.
<br />The Local Agency agrees to (1) perform in compliance with the terms, promises, conditions, wnstrudion plans,
<br />spedfications, estimates, procedures, maps, and assurances set forth in the Project Proposal; and shall severe
<br />compliance with all applicable federal, state and local laws and regulations; (2) promptly submR to the State of
<br />Ohio, such reports and documents as the Ohio Department of Natural Resources may request; (3) repart any and
<br />all income gained on the property or facilities durng the project perm; 4) the Local Agency shall establish a
<br />separate special account for the funds for the acquisition and/or development of the property. The State nerves
<br />the right to audit this special account, either during or after completion of the Project; and 5) prominently display
<br />a NatureWorks acknowledgment sign at the site or fadlity acquired or developed with NatureWorks Local Grant
<br />Fund assistance.
<br />B. The Recipient Public Agency hereby represents and warrants that there an: not now, and there will not be, any
<br />restrictions of record with respect to the property identified in Exhibit A, including without limitation, any
<br />encumbrances, liens or other matters, which would interfere with or otherwise impair the use of the property as a
<br />public parks and recreation fadlity. The Recipient Public Agency represents that ft is the [Insert either fee simple
<br />owner] or [owner of a lease hold interest] of the property on which the Project is or will be located, as described
<br />in said Exhibit A, and that the only restrictions of record with respect to the property are (a) any state of facts
<br />which an accurate survey might show, (b) all zoning regulations, restrictions, rules and ordinances, and other
<br />laws and regulations now in effect or hereafter adopted by any Governmental Authonties having jurisdiction over
<br />the property and (c) all matters of record pertaining to the property, inducting dedicated public rights-of-way and
<br />any items identified on said Exhibit A.
<br />C. The State of Ohio hereby agrees to (1} obligate the Local Agency funding assistance not to exceed $91,408 from
<br />Ohio's fiscal allocations made available under the provisions of Amended Substitute House Bill 790, Ohio Revised
<br />Code, Section 1557.@6, the NatureWorks Local Assistance Grant Program; (2) upon receipt of tangible proof of
<br />actual eligible casts paid by the Local Agency in performing this agreement, reimburse the Local Agency funds
<br />equal to no more than seventy-five percent of such eligible costs.
<br />D. Obligations of the State of Ohio are subject to the provLsions of the Ohio Revised Code Section 126.07 which
<br />provides that the Director of Budget and Management must certify that there is a balance in the appropriation
<br />which may satisfy the contractual obligation.
<br />E. The State of Ohio and the Local Agency mutually agree to perform this agreement in accordance with the policies
<br />and procedures set forth by the Ohio Departrrrent of Natural Resources, and the guidelines set forth in the
<br />NatureWorks Loral Assistance Grant Program Procedural Guide and Application. Failure th comply with or show
<br />sufficient progress in complying may result in the termination of this agreement. In the event of termination all
<br />unused funds shall be retained by the State.
<br />F. The Local Agency affirmatively represents and warrants to the State that neither it nor any of its contractors are
<br />subject to a finding for recovery under R.C. 9.24, or that it has taken appropriate remedial steps required under
<br />R.C. 9.24 or otherwise qualifies under that section. The Local Agency agrees that ff this representation and
<br />warranty is deemed to be false, the Contract shall be void ab initio as between the parties to this contract, and
<br />any funds paid by State hereunder shall be immediately repaid to the State, or an action for recovery may be
<br />immediately rnmmenced by the State for recovery of said funds.
<br />G. Ethics. The Local Agency by signature on this document certifies that it: (i) has reviewed and understands the
<br />Ohio ethics and conflict of interest taws as found Ohio Revised Code Chapter 102 and in Ohio Revised Code
<br />Sections 2921.42 and 2921.43, and (ii) will take no action inconsistent with those. laws. The Local Agency
<br />
|