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2020 023 RESOLUTION
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2020 023 RESOLUTION
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3/2/2023 12:46:05 PM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
2020 023
Date
5/18/2020
Year
2020
Title
LAND AND WATER CONSERVATION FUND PROGRAM
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Notices shall be deemed given upon receipt thereof and shall be sent to the addresses appearing <br />above. The parties designated above shall each have the right to specify as their respective address <br />for purposes of this Agreement any other address upon fifteen (15) days prior written notice thereof, <br />as provided herein, to the other parties listed above. If delivery cannot be made at any address <br />designated for notices, a notice shall be deemed given on the date on which delivery at such address <br />is attempted. <br />2. PERIOD OF PERFORMANCE. For purposes of this Agreement the Project is deemed to <br />have commenced on September 23, 2019 (federal award date). Subrecipient agrees to close out the <br />Project on or before November 30, 2021 (the "Closeout Date"). The Project shall terminate on the <br />Closeout Date unless the Project is closed out or terminated sooner as provided herein, in which event <br />the Project shall terminate on the date of closeout or termination. <br />3. PROPERTY; SUBSTITUTION. Subrecipient agrees to operate, maintain and keep for <br />public outdoor recreation purposes the property or facilities acquired or developed pursuant to this <br />Agreement, as identified in Exhibit A, `Boundary Map', attached hereto (the "Property"). The <br />Property shall not be converted to other than public outdoor recreation use or transferred through <br />deed or easement without the approval of ODNR and the Secretary of the U.S. Department of Interior. <br />Such a conversion must be in accord with the then existing Ohio Statewide Comprehensive Outdoor <br />Recreation Plan, and Subrecipient's provision of outdoor recreation property(ies) of at least equal fair <br />market value and reasonably equivalent usefulness and location. Such properties must be approved <br />by ODNR and NPS. <br />4. TITLE TO PROPERTY. Subrecipient hereby represents and warrants that there are not <br />now, and there will not be, any restrictions of record with respect to the Property, including without <br />limitation, any encumbrances, liens or other matters, which would interfere with or otherwise impair <br />the use of the Property as a public parks and recreation facility. Subrecipient represents that it is the <br />fee simple owner of the Property, and that the only restrictions of record with respect to the Property <br />are (a) any state of facts which an accurate survey might show, (b) all zoning regulations, restrictions, <br />rules and ordinances, and other laws and regulations now in effect or hereafter adopted by any <br />governmental authorities having jurisdiction over the Property and (c) all matters of record pertaining <br />to the Property, including dedicated public rights-of-way and the items identified on said Exhibit A. <br />5. SUBRECIPIENT'S OBLIGATIONS. Subrecipient further agrees to (1) perform in <br />compliance with the terms, promises, conditions, construction plans, specifications, estimates, <br />procedures, maps, and assurances set forth in the Project Proposal; and shall secure compliance with <br />all applicable federal, state and local laws and regulations; (2) promptly submit to the State of Ohio, <br />such reports and documents as ODNR may request; (3) report any and all income gained on the <br />Property or facilities during the course of the Project; (4) establish a separate special account for the <br />funds for the acquisition and/or development of the Property; (5) prominently display a Land & Water <br />Conservation Fund acknowledgment sign at the Property in accordance with the Land & Water <br />Conservation Fund Procedural Guide (the "Procedural Guide"); and (6) immediately notify ODNR <br />of any change or shift in the location(s) of services performed by Subrecipient or its Subrecipients <br />under this Agreement. ODNR reserves the right to audit this special account created by Subrecipient, <br />pursuant to this paragraph, either during or after completion of the Project <br />6. PROJECT FUNDING. ODNR hereby agrees to (1) reserve for the Subrecipient's Project, <br />funding assistance not to exceed the total amount of the federal award ($227,978) from the Land <br />& Water Conservation Fund Local Assistance Grant Program; (2) upon receipt of tangible proof of <br />actual eligible costs paid by Subrecipient in performing this Agreement, reimburse Subrecipient <br />funds equal to no more than fifty percent of such eligible costs. Funds for the Project have been <br />encumbered by Contract Encumbrance Record Number and are so <br />211>,1 t C <br />
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