A RESOLUTION AUTHORIZING THE MAYOR TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH THE TRUMBULL COUNTY METROPOLITAN
WHEREAS, Trumbull County MetroParks has entered a Lease Agreement with the State of Ohio, Department of Natural Resources on November 12, 2010 for the development of a recreation area on three parcels within the Mosquito Lake State Park; and
WHEREAS, the parcels are located within the City of
WHEREAS, a map of these parcels are attached to the Lease Agreement by and between Trumbull County MetroParks and the State of Ohio, Department of Natural Resources; and
WHEREAS, it is in the best interest of Trumbull County MetroParks and the City to share responsibilities in the planning, promotion, development, construction and maintenance of the recreation area; and
WHEREAS, it is necessary to enter into an agreement and understanding of each parties responsibilities pertaining to the recreation area.
NOW, THEREFORE, the parties agree as follows:
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CORTLAND, OHIO:
Section 1. The Trumbull County MetroParks shall serve as the contractual agent for service contracts, professional design services and construction contracts to be performed within the recreation area.
Section 2. The Trumbull County MetroParks shall provide labor assistance and supervision during the planning, promotion and construction of improvements identified in the Lease Agreement.
Section 3. In general, the City shall provide maintenance of the grounds, parking area and other improvements within the recreation area that are within one thousand two hundred and fifty feet of State Route 46, aka Niles-Cortland Road.
Section 4. The Trumbull County MetroParks shall provide maintenance of the grounds, existing trail and other improvements not covered by the City within the recreation area that generally constitute passive recreation as identified in the Lease Agreement.
Section 5. The City and the Trumbull County MetroParks agree to assist the other party with the development of an overall maintenance plan for the recreation area. The parties shall develop a plan for the existing and proposed improvements in the recreation area and may meet annually to review and revise the plan.
Section 6. The Trumbull County MetroParks shall coordinate the scope of services and contract for professional surveying services for performing a boundary and topographic survey of the recreation area.
Section 7. The surveying services necessary for developing design plans for Phase I of the proposed improvements are estimated not to exceed $10,000. The City of Cortland agrees to present subsequent legislation to authorize payment to Trumbull County MetroParks for a 100% share of the cost of services.
Section 8. The Trumbull County MetroParks agrees to actively research and make applications for grant and third party funding opportunities available for the improvements within the recreation area.
Section 9. The proposed improvements are subject to approval of the Trumbull County MetroParks Board and concurrence of the City of Cortland Parks and Recreation Commission.
Section 10. The City agrees to assist the Trumbull County MetroParks with the local share costs of improvements, plans and studies within the recreation area.
Section 11. All proposed and future expenditures at the recreation area on behalf of the City are subject to recommendation by the City’s Park and Recreation Commission and approval of the Council of the City of Cortland consistent with the City Charter provisions and rules and regulations regarding expenditures
Section 12. The MetroParks and the City will periodically meet to review the effectiveness of this agreement, coordinate individual and joint progress and exchange information.
Section 13. All services of the Trumbull County MetroParks and the City are offered on a non-discriminatory basis without regard to race, color, national origin, religion, age, marital status or handicap.
Section 14. Both parties recognize their obligation to make their reports and other materials available to the public on request in accordance with the Ohio Public Records Act.
Section 15. Trumbull County MetroParks will remain the lead party under the lease agreement with the State of Ohio and be responsible to coordinate the terms of the Lease Agreement
Section 16. If there is conflicting obligations within this memorandum of understanding and the lease agreement between the Trumbull County MetroParks and the State of Ohio, the provisions of the lease agreement shall be controlling.
Section 17. This agreement may be amended or terminated at any time by mutual consent of both parties, or terminated by either party giving (120) days notice in writing to the other.
Section 18. This agreement is for the time period that the Trumbull County MetroParks has a lease with the State of Ohio who owns the property where the recreation area will be located.
Section 19. This Resolution shall take effect and be in full force as early as allowed
PASSED IN COUNCIL THIS ________DAY OF ____________________, 2011.
ATTEST: _________________________ ______________________________
CLERK OF COUNCIL PRESIDENT OF COUNCIL
FILED W/MAYOR ____________ ________________________
DATE APPROVED _________