2016-079 Resolution - Laserfiche WebLink

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2. After the approval of the Lot Split and BOE's approval of the City's plans as set forth in Paragraph 4 below, the City shall have unrestricted access to the Easement Area for the purpose of constructing a storm water retention basin on the Easement Area, as detailed in plans and specifications on file with the City of North Olmsted and approved by the BOE as set forth in Paragraph 4 below (herein "Pine Basin Drainage Project"); and 3. The City shall restrict access for itself and all contractors, employees and invitees on the Pine Basin Drainage Project to the Easement Area from Duane Road off of Driscoll Lane. 4. Effective upon the later of (i) approval of the City's plans for the Easement Area, as hereinafter set forth, and (ii) the BOE's receipt and approval of the insurance and indemnity documents as set forth in Paragraph 6 below, the BOE hereby grants the City right of entry to the Easement Area for the purpose of constructing said Pine Basin Drainage Project. On or after the date of this Agreement, the City shall submit the City's plans for the Pine Basin Drainage Project (the "Plans") to the BOE for review. The BOE shall have two (2) weeks to review the Plans and either approve the Plans or make comments on the Plans. If the BOE comments on the Plans, the City shall incorporate the BOE's comments and resubmit the Plans for the BOE's review. The parties shall follow the foregoing process until the Plans have been approved by the BOE. The Easement Area shall be accessible by the City through a means of ingress and egress on Duane Road, off of Driscoll Lane. No access is required or permitted by the City, or the City's employees, contractors or invitees, through property not identified as the Easement Area and owned by the BOE, absent further agreement. 5. Prior to and during construction, the City shall make available to the BOE any construction plans, specifications and documents. The City shall not revise the approved Plans without the BOE's opportunity to review and comment on the revisions as set forth in Paragraph 4 above. 6. The City shall name BOE as an additional insured for all liability purposes. Prior to commencement of the work, the City shall furnish certificates of insurance to the BOE for the approval of the BOE, which approval shall not be unreasonably delayed or withheld. The certificates of insurance shall, at a minimum, meet the requirements of Exhibit C attached hereto. The City shall require all independent contractors that enter upon the Easement Area to name the BOE as an additional insured for purpose of the Pine Basin Drainage Project. The contractors' insurance shall meet, at a minimum, the requirements of Exhibit C attached hereto. The certificates of Additional Insurance shall be issued to the BOE prior to entry upon Parcel A by the City or its construction contractors. Additionally, prior to the commencement of construction, the City shall require all independent contractors to furnish a certificate of indemnity to the BOE in the form set forth in Exhibit D attached hereto. The indemnity obligations set forth in such certificate shall survive the termination of this Agreement. 7. The BOE shall retain access to the Easement Area to photograph the property to document its condition before, during and after construction of the storm water basin. 8. The City and BOE expressly acknowledge that each reserves the right to contest the valuation of the property, if necessary, in legal proceeding pursuant to Revised Code Chapter 163 at a time after the execution of this Agreement. {02096327 -4} 2