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Capital Improvement Project Agreement between ODNR and Village of Mayfield Division Contract ID # CUYA-047C WHEREAS, pursuant to ORC Chapter 154 and Article VIII Section 2i of the Ohio Constitution, capital facilities lease -appropriation bonds (the "Bonds") have been or will be issued by the Ohio Treasurer of State (the "Treasurer") for the purpose of paying the "costs of capital facilities" including acquiring, constructing, reconstructing, rehabilitating, renovating, enlarging and otherwise improving, equipping and furnishing capital facilities for parks and recreation, all as defined and described in ORC Section 154.01(K). A portion of those Bond proceeds will be used by ODNR to provide funding to the Grantee for the Project under this Agreement. Because ODNR is funding the Project with proceeds of those Bonds, ODNR requires that the Grantee make certain representations, warranties, and covenants (both affirmative and negative) concerning the Project and use of the grant funds, as more fully described, or provided in this Agreement, in order to comply with federal and state laws, regulations and rules relating to those Bonds and the projects funded with proceeds of those Bonds; NOW THEREFORE, for the purposes of providing the funds to the Grantee pursuant to Senate Bill No. 310 of the 133`d General Assembly, the parties hereto covenant and agree as follows: 1. FUNDING AMOUNT. ODNR agrees to provide the Grantee Ninety -Eight Thousand Dollars ($98,000.00), via qualifying advance and reimbursement, to be used toward the total cost of the Project. Two Thousand Dollars ($2,000.00) of the amount appropriated for the Project will be retained by ODNR to cover administrative cost. In no event shall ODNR's payment to Grantee exceed Ninety -Eight Thousand Dollars ($98,000.00). Funds for this Project have been released by the Controlling Board as of and encumbered by Contract Encumbrance Record Number and are so certified by the Director of Budget and Management on . Obligations of the State are subject to the provisions of ORC Section 126.07. Any funds provided under this Agreement that are not spent shall be returned in full to the State. 2. PROJECT DESCRIPTION. The Grantee shall use the grant funds for `Mayfield Village Civic Center Upgrades', a project to renovate and expand the Civic Center in Mayfield Village, OH, all as more fully described in Exhibit A attached hereto. 3. EFFECTIVE AND TERMINATION DATES. This Agreement commences on the date that it is approved by ODNR(the "Effective Date") and will, unless otherwise earlier terminated as provided herein, expire on the later,of: (i) 15 years from the date of Project completion (or Project acquisition if the Project is solely real property acquisition); or (ii) the date upon which the latest Bond issuance funding or refinancing of the Project is paid in full (the "Term"). Grantee shall complete the Project on or before June 30th, 2022. 4. NO RESTRICTIONS OF RECORD. Grantee hereby represents and warrants that there are not now, and there will not be, any restrictions of record with respect to the Project, including without limitation, any encumbrances, liens, or other matters, which would interfere with or otherwise impair the use of the property as described on Exhibit B attached hereto, on which the Project will be located and developed as a public parks and recreation or conservation facility (the "Property"). Grantee represents that it is the fee simple owner, or has a lease, exclusive easement or cooperative use agreement with a term longer than the Term hereof, on the Property and that the only restrictions of record with respect to the Property are (a) any state of facts which an accurate Page 2 of 11