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Cascade Park Phase One Agreement

Cascade Park Phase One Agreement

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Published by Boone Simpson

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Published by: Boone Simpson on Jul 19, 2012
Copyright:Attribution Non-commercial


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draft #1
THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of 
 _____________, 2012, by and between the BOARD OF PARK COMMISSIONERS,LORAIN COUNTY METROPOLITAN PARK DISTRICT (hereinafter referred to as the
“Park District”), having an office at 12882 Diagonal Road, LaGrange, Ohio 44050, and theCITY OF ELYRIA, OHIO (hereinafter referred to as “Elyria”), having an office at 131 Court
Street, Elyria, Ohio.
WHEREAS, Elyria is the owner of certain parcels of land known as Cascade Park,containing in excess of ___________ acres and more particularly described in Exhibit Aattached hereto and made a part hereof and outlined in yellow on the plot plan attached
hereto and made a part hereof and marked Exhibit B hereinafter (“Cascade”).
 WHEREAS, the Park District and the City of Elyria desire to jointly protect thenatural resources and other assets of Cascade Park for the benefit of the citizens of Elyriaand all citizens of Lorain County and the region; andWHEREAS, the Park District and Elyria desire to implement a plan and agreementto accomplish such goals and to define the duties and responsibilities of each party withrespect to the operation and improvement of Cascade Park;NOW, THEREFORE, in consideration of the mutual promises and obligationscontained herein, and other good and valuable consideration, receipt of which is herebyacknowledged, and intending to be legally bound hereby, the parties hereto agree asfollows:
Upon execution of this agreement, the Park District and the City of Elyria shall over thenext five years work collaboratively through both their existing governance structures anda new joint governance structure called the Joint Cascade Park Board to complete PhaseI of a two-phase, ten-year improvement plan that addresses operations, maintenance andcapital improvements for Cascade Park. The Park District shall assume responsibilityfor the general management, operation and maintenance of the park land described inExhibit A (herein referred to as Cascade Park). The Park District shall also be responsiblefor the execution of a prioritized Master Plan described in Exhibit B that is derived from
and aligned with the City of Elyria’s Cascade Park Redevelopment Plan. The Park District
will work collaboratively with the City of Elyria and the Joint Cascade Park Board on thoseitems that represent significant infrastructures changes and improvements, funddevelopment, park programming, special events and public meetings designed to gather public input relative to capital improvement projects in the Park. Preliminary acceptanceof the refined Master Plan that includes major capital improvements shall be vested withthe Joint Cascade Park Board, with final approval from Elyria City Council and the Boardof Park Commissioners. The City of Elyria will continue to execute on and completecurrent and already scheduled infrastructure improvements as described in section C,and will provide police support, routine engineering support, electrical and utility services,and recreational and educational programming. It is the intent of this agreement tocommit a total estimated $3,415,000 for capital improvements to the Phase I projectsoutlined in this agreement, in addition to the added personnel and associated costsdiscussed herein. The City of Elyria commits to $865,000 in capital improvements that
are currently in process or scheduled to start in the next 12 months. The City of ElyriaMayor and the Park District Executive Director and other volunteer leadership commit toraise $1.5 million in philanthropic funds to help pay for capital improvements outlinedherein. The City of Elyria also agrees to provide a variety of additional supports andservices as discussed herein. The Park District also agrees to commit $1,000,000 toadvance the capital projects in this Phase I agreement, in addition to providingcollaborative fundraising leadership towards the $1.5 million fundraising goal and addedpersonnel as described herein.
 The original term of this Agreement shall commence as of the date first set forthabove (the
“Commencement Date”). The original term of this Agreement shall expire at
11:59 p.m. on the day preceding the _______________ anniversary of theCommencement Date. The City of Elyria and the Lorain County MetroParks willevaluate progress at the end of the five-year period and it is the intention of thisagreement to lay the foundation for the negotiation of a second agreement outliningPhase II improvements and setting forth an extended agreement through 2022.
The Park District agrees, subject to the availability and sufficiency of funding, andwithin reasonable time periods as determined by the Park District, to assume and performthe following duties and responsibilities: A. Provide general management, operation and maintenance of Cascade Park.

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