82-126 Ordinance - Laserfiche WebLink

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s ? ? t 3. Great Northern, at Great Northern's sole cost and expense, and in accordance with plans and specifications which conform to the OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES, approved by the City Engineer, will cause to be installed the traffic signalization and will assign to the City such warranties as Great Northern shall receive from manufacturers and/or contractors with respect to said traffic signalization and installation. 4. Upon completion of installation of said traffic signalization and inspection and acceptance by the City Engineer, said traffic signal- ization and inspection and acceptance by the City Engineer, said traffic signalization on Country Club Boulevard shaTl be and remain the sole property of the City and thereafter the City, at the City's sole cost and expense, shall be responsible for;tne repair and maintenance of said traffic signalization. 5. Upon completion of installation of said traffic signal control and inspection and acceptance by the City, cost of electric power to operate said traffic signal control shall be the obligation of Great Northern for a period of twenty-four full months of operation and be paid by Great PJorthern or the assignee and be considered as a tax lien against the property; and thereafter tne City at the City's sole cost shall be obligated to pay the electric power cost. 6. In addition, from and after the date of acceptance of said signalization, the City shall be the sole owner of the vehicle detection device in the pavement of the relocated Great Northern Shopping Center Drive, shall be responsible, at its sole cost and expense, for the operation, repair and maintenance of said underground detection equipment, and the City shall have the right and license at all times while said underground sensing loop is located in the Great Northern Shopping Center Drive to enter upon said Great Northern Shopping Center Drive for the operation, repair, maintenance and replacement of underground detection devices and Great'Northern shall provide a property easement for this purposeo 7. Except for acts of the City as described in Paragraph 8 of this Agreenent, Great Northern or their assignee shall be responsible for ma.intaining the Drive so that the underground detection equiprilent in said Drive will be protected from damage including repair of paver?ient as prescribed by the City or upon notification by the City is shall be accomplished by the City and be paid by Great Northern or the assignee and be considered as a tax lien against the property. 8. The City shall indemnify the owners of the Drive from any and all claims, actions, causes of action and darnages in connection with the City`s operation, repair, maintenance or replacement of t{ie detection equipment in the Great Northern Drive and sfiall repair any damage resulting from the operation, repair, maintenance or replacement of said sensing loop in the Great Northern Drive. A.11 repairs, maintenance and replacement by the City of the underground detection equipment in the Great Northern Drive shall be done in such manner as to reasonabl.y minimize any disruption of vehicular traffic on and through the Great tJorthern Drive. 9.:. Great Northern shall indemnify, save and hold harmless the City from payment of any and all costs incurred in connection with the installation of said traffic signalization and traffic detection equipment. . IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. " WITNESSETH: \ DANIEL BISKIND, PRESIDENT GREAT NORTHERN PARTNERSHIP THE CITY OF NORTH OLMSTED, OHIO E3y : By: APPROVED AS TO LEGAL FORM ONLY MICHAEL R. GAREAU DIRECTOR OF LAW CITY OF fJORTH OLMSTED _ 2_