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''tITY OF NORTH OLMS? ORDINANCE N0. 84-8?`""y PAGE TWO ? ? SECTION 2: That this Ordinance in no way relieves the Municipality of any of its responsibility, legal or otherwise, for these roads (Section 723.01, O.R.C.). The County is only assisting the Municipality in the areas covered by this Ordinance. SECTION 3: In consideration of the performance of the above-mentioned roadway maintenance the Municipality agrees to save the Board of County Commissioners harmless from all claims and liability caused by the negligence, errors or omissions of the County Engineer, its agents and or employees in the performance of such maintenance services except for negligence by said county employees in the operation of all motor vehicles including road graders and other road building and maintenance equipment; and further, except for the exclusion set forth above the Municipality will defend, at its sole cost, all claims, losses, causes of action, lawsuits, etc. brought against the Board of County Commissioners as a result of the performance or the omission to perform such maintenance services. SECTION 4: In consideration of the performance of the above-mentioned roadway maintenance the Municipality agrees to include said Board as an additional named insured on its liabiliity and property damage insurance. The Municipality agrees to furnish the Board with a certificate of insurance naming the Board as an additional insured; said insurance shall also provide for thirty (30) day notification to the Board prior to the cancellation of such policy. SECTION 5: This Ordinance is hereby declared to be an emergency Ordinance necessary for the immediate preservation of the public health and safety; such necessity exists by reason of the fact that freezing and thawing action has created hazardous conditiions on these roads, in consequence whereof public inconvenience would be suffered and public travel endangered and delayed; and said Ordinance shall take effect at the earliest time as provided by law and upon acceptance by the Board of County Commissioners of Cuyahoga County. ?. ? Clerk • l.?? u,?,,.- `-?+.1.?W sM, Mayor CERTIFICATE OF COPY State of Ohio, County of Cuyahoga, City of North Olmsted, SS: I, Florence E. Campbell , as Clerk of the City of North Olmsted do hereby certify that the foregoing is a true and correct copy of Ordinance adopted by the Council of said Municipality on the 16th day of October , 1984, that the publication of said Ordinance has been made and certified of record, according to law; and that said Ordinance and the certificate of publication thereof . are of record in Ordinance Record No. 1984 Page gb 2