2016-079 Resolution - Laserfiche WebLink

Home Browse Search

AGREEMENT THIS AGREEMENT (hereinafter "Agreement") is made and executed at North Olmsted, Ohio, by and between The City of North Olmsted an Ohio municipal corporation (hereinafter, "Cit " ' y ), whose main office is located at 5200 Dover Center Road, City of North Olmsted, Ohio 44070, and The North Olmsted Board of Education (hereinafter "BOE"), whose main office is located at 27425 Butternut Ridge Road, City of North Olmsted, Ohio 44070, as follows: RECITALS A. The BOE is owner of record of certain real estate located at 4267 Dover Center Rd, North Olmsted, Ohio 44070 and further identified as Permanent Parcel Numbers 232-23-021 and 232-23-022 in the Office of the Cuyahoga County, Ohio Fiscal Officer (hereinafter collectively "Site"). B. The City has determined that a certain 5.439 acre area of the Site, identified as "Parcel A" in the Lot Split and Consolidation Plat and Legal Description, attached hereto and incorporated herein as Exhibit A ("Easement Area"), is necessary to provide a suitable location for storm water retention basins and providing relief to the storm water collection during surcharge conditions; and C. The City has determined that the area in and around the Easement Area is underserved by the current storm water collection system and has further determined that the Easement Area can serve as a suitable location for a storm water retention basin, providing relief to the storm water collection system during surcharge conditions experienced during rain events; and D. The City has determined to acquire the Easement Area for this public purpose and the BOE has agreed, subject to this Agreement and subsequent potential agreements relating to the price of the City's acquisition, to sell or allow the City to acquire the Easement Area parcel; and E. The City and BOE have entered into negotiations for the acquisition of the Easement Area by the City, but have been unable to reach agreement on price; and F. Notwithstanding disagreement on the price term for the Easement Area, the City and BOE agree that the City can commence utilization and construction on the Easement Area, pending final determination of a price term. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the parties hereby agree as follows: 1. Effective the date of this Agreement, the BOE shall endeavor to create the Easement Area as a separate parcel through a lot split, which lot split shall be approved by the City (the "Lot Split"). The City shall use all reasonable efforts to assist the BOE in the completion of the Lot Split. (02096327-4)