Summary
The March 23 regular council agenda includes approval of March 9 minutes, public input, reports, and the next round of regular legislative business.
Full Document
VOTING ORDER A. Gentry K. Goodwin D. Kos M. Reynolds R. Shahmir G. Smith J. Fenderbosch CITY OF AVON LAKE 150 Avon Belden Road Avon Lake, Ohio 44012 The following business is to be considered at the regular meeting of the Avon Lake City Council on March 23, 2026, at 7:00 p.m. in the Council Chamber. Pledge of Allegiance Roll Call: Mrs. Fenderbosch, Ms. Gentry, Mrs. Goodwin, Mr. Kos, Mr. Reynolds, Mr. Shahmir, Mr. Smith, Mayor Spaetzel, Law Director Ebert, Finance Director Krosse, Public Works Director Liskovec. Approval of Minutes: March 9, 2026, Council Meeting. Correspondence Public Input: Members of the audience shall be permitted to speak only once, up to five minutes on any topic(s). [Code of Ordinance, Section 220.21(a)(1)] Reports Mayor Council President Law Director Finance Director Public Works Director Standing Committees Special Committees Motions Instructing the Clerk of Council to return the form to the Division of Liquor Control in the matter of a new liquor license for William Fine Sandwich Shop, LLC, 140 Lear Road, Avon Lake, indicating the City does not request a hearing. Sponsor: D. Kos Page | 2 Instructing the Clerk of Council to return the form to the Division of Liquor Control in the matter of a new liquor license for D & T Revolution, LLC, Sissons Flowers & Gifts, 716 Avon Belden Road, Avon Lake, indicating the City does not request a hearing. Sponsor: D. Kos Legislation Third Reading: Ordinance No. 26-13R, AN ORDINANCE AUTHORIZING THE CREATION OF A NEW CHAPTER TITLED LOW-SPEED VEHICLES WITHIN TITLE TEN - BICYCLES, MOTORCYCLES AND SNOWMOBILES, IN PART FOUR OF THE CODE OF ORDINANCES. Sponsor: D. Kos Second Readings: Ordinance No. 26-15, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL SERVICES AGREEMENT FOR ENTERPRISE MANAGED TECHNOLOGY SERVICES AND DECLARING AN EMERGENCY. →Sponsor: A. Gentry Ordinance No. 26-17, AN ORDINANCE AUTHORIZING PAYMENT FOR SOFTWARE SUPPORT AND LICENSING OF OPENGOV CITIZENS SERVICES AND CARTEGRAPH ASSET MANAGEMENT SYSTEM AND DECLARING AN EMERGENCY. →Sponsor: A. Gentry Resolution No. 26-18, A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $69,072 FROM THE NORTHEAST OHIO PUBLIC ENERGY COUNCIL 2026 ENERGIZED COMMUNITY GRANT AND DECLARING AN EMERGENCY. Sponsor: A. Gentry Ordinance No. 26-19, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT WITH AVON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP, LLC, FOR THE POWER PLANT REDEVELOPMENT PROJECT AND DECLARING AN EMERGENCY. Sponsor: R. Shahmir Ordinance No. 26-20, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT FOR LORAIN COUNTY PERMANENT PARCEL NO. 04-00-005-000- 119, LOCATED AT 720 MOORE ROAD, AVON LAKE, OHIO, FROM MOORE ROAD, LLC, AND DECLARING AN EMERGENCY. →Sponsor: G. Smith Ordinance No. 26-21, AN ORDINANCE AMENDING ORDINANCE NO. 25-193, APPROPRIATIONS FOR FISCAL YEAR 2026, AND DECLARING EMERGENCY. →Sponsor: G. Smith Ordinance No. 26-22, AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION 474.01 CODE APPLICATION TO BICYCLES AND ELECTRIC BICYCLES AND DECLARING AN EMERGENCY.→Sponsor: D. Kos → Suspension of the rule requiring three readings Page | 3 First Readings: Ordinance No. 26-31, AN ORDINANCE ALLOWING BEER AND WINE TO BE SOLD, SERVED, DISPENSED, AND CONSUMED FOR ONE DAY AT SUMMERFEST, TO BE HELD AT MILLER ROAD PARK ON JUNE 20, 2026, AND DECLARING AN EMERGENCY. Sponsor: D. Kos Ordinance No. 26-32, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH JEREMY BETSA AND DECLARING AN EMERGENCY. →Sponsor: G. Smith Miscellaneous Business and Announcements Adjournment → Suspension of the rule requiring three readings ORDINANCE NO. 26-13R INTRODUCED BY: Mr. Kos AN ORDINANCE AUTHORIZING THE CREATION OF A NEW CHAPTER TITLED LOW-SPEED VEHICLES WITHIN TITLE TEN – BICYCLES, MOTORCYCLES AND SNOWMOBILES, IN PART FOUR OF THE CODE OF ORDINANCES. WHEREAS, the increasing popularity and availability of low-speed vehicles within residential communities has resulted in a growing number of such vehicles operating on public streets within the City; and WHEREAS, the operation of low-speed vehicles on public roadways presents unique traffic safety considerations, including differences in speed capabilities, vehicle size, and visibility, which may affect the safe and orderly flow of traffic; and WHEREAS, the City recognizes the need to balance the convenience and benefits of low-speed vehicle use with the responsibility to ensure the peace, health, safety, and welfare of motorists, pedestrians, bicyclists, and residents; and WHEREAS, the Ohio Revised Code authorizes municipalities to regulate the operation of low-speed vehicles on public streets under their jurisdiction, including the establishment of standards for registration, inspection, equipment, and permissible roadways; and WHEREAS, the City presently does not have a comprehensive set of local regulations specifically addressing the operation of low-speed vehicles within its Traffic Code; and WHEREAS, Council desires to adopt a new and comprehensive set of ordinances governing the registration, inspection, equipment requirements, and lawful operation of low-speed vehicles within the City in order to promote safe travel, maintain orderly traffic control, and protect the peace, health, safety, and welfare of all persons within the City; and WHEREAS, as set forth in Section 9 of the Avon Lake City Charter, Council has the authority to codify ordinances of the City as it determines necessary; and WHEREAS, this Council determines that this Ordinance is necessary for the immediate preservation of the public health, safety, and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Council hereby creates a new Chapter 480 Low-Speed Vehicles, which may be amended from time to time in accordance with the recommendations of Council and/or the Administration and/or public safety. ORDINANCE NO. 26-13R Page | 2 Section No. 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees, which resulted in such formal actions, were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance shall be in full force and effect from and after the earliest period allowed by law. 1st reading: 2/23/2026 2nd reading: 3/09/2026 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor 1 | P a g e #2002757v7<SSEG> - Chp 480 - Low Speed Vehicles (ie Golf Carts & Utility carts) CHAPTER 480 Low-Speed Vehicles (Golf Carts and Utility Vehicles) § 480.01 DEFINITIONS (a) “Certificate of Compliance” means the document provided to the owner of a Low-Speed Vehicle by the Vehicle Inspector identifying that the Low-Speed Vehicle meets all necessary requirements of this Chapter. (b) “Golf cart” means a Low-Speed Vehicle with an attainable speed on a paved, level surface of not more than twenty-five (25) miles per hour, a gross vehicle weight rating less than three thousand (3,000) pounds, and primarily intended to transport people. (c) “Motor vehicle” has the same meaning as set forth in Section 402.01 of the Codified Ordinances. (d) “Occupant restraining device” shall mean a safety belt, shoulder belt, harness, or other device that satisfies the minimum federal safety standards established by the United States Department of Transportation. With respect to children under the age of eight (8) the following apply: (1) Children under the age of four (4) or under forty (40) pounds in weight must be seated in a child safety seat which must be installed to manufacturer specifications. (2) Children between the ages of four (4) and eight (8) or under forty-nine (49) inches in height must be seated in a child booster seat installed to manufacturer specifications. (e) “Low-Speed Vehicle” means a self-propelled, three (3) or four (4) wheeled vehicle, including but not limited to a golf cart or a utility vehicle, with an attainable speed on a paved, level surface of not more than twenty-five (25) miles per hour and a gross vehicle weight of less than 3,000 pounds. (f) “Utility vehicle” means a Low-Speed Vehicle designed with a bed, principally used for the purpose of transporting material or cargo for short distances in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities. (g) “Validation sticker” means the self-adhesive sticker provided by the Police Department to the owner of a Low-Speed Vehicle identifying the Low-Speed Vehicle has received a Certificate of Compliance and been properly registered in accordance with Section 436.14 of the Codified Ordinances. (h) “Vehicle” has the same meaning as set forth in Section 402.01 of the Codified Ordinances. (i) “Vehicle Inspector” shall mean the Chief of Police or persons designated by the Chief of Police to inspect vehicles subject to this Chapter for compliance with this Chapter or the State of Ohio’s statutory requirements generally applicable to motor vehicles. 2 | P a g e #2002757v7<SSEG> - Chp 480 - Low Speed Vehicles (ie Golf Carts & Utility carts) Words not defined herein shall have the ordinary meaning given to such words except where expressly defined by another Codified Ordinance. § 480.02 INSPECTION OF LOW-SPEED VEHICLES. (a) Each Low-Speed Vehicle intended to be operated on a public street is subject to inspection and approval by the City. Appointments for inspections can be scheduled through the Police Department upon payment of an equipment inspection fee of twenty-five dollars ($25.00) and completion of a Low-Speed Vehicle application which shall identify the name, address, and phone number of the owner of the Low-Speed Vehicle. (b) Each Low-Speed Vehicle intended to be operated on a public street within the City must possess the following: (1) Working brakes and braking system including lights; (2) Properly working steering mechanism; (3) Windshield; (4) Working horn; (5) Two working headlights; (6) At least one working taillight; (7) Directional signals; (8) Rearview mirror; (9) License plate mounting equipment and source of illumination; (10) Occupant restraint system; (11) Appropriate tires free from major bumps, bulges, breaks, or other unsafe condition; and (12) A slow-moving vehicle placard on the rear bumper. (c) If the Low-Speed Vehicle complies with the requirements of this Chapter, the Vehicle Inspector shall complete and issue a Certificate of Compliance to the Low-Speed Vehicle owner. If the Vehicle Inspector determines that the Low-Speed Vehicle does not comply with the requirements of this Chapter, the Vehicle Inspector shall note on the Vehicle Inspection Sheet what items were non-compliant and provide a copy of same to the owner. (1) The owner may request a second inspection at no additional charge within 30 days of a failed inspection upon proof that the items deemed non-compliant have been remedied. If after the second inspection the Low-Speed Vehicle is still not found to be compliant with this Chapter, a new Low-Speed Vehicle application and payment of the inspection fee must be submitted. 3 | P a g e #2002757v7<SSEG> - Chp 480 - Low Speed Vehicles (ie Golf Carts & Utility carts) (2) After 30 days, the registration application shall be canceled and a new registration application and payment of the fee set forth herein shall be required before a new inspection is scheduled. (d) Upon receipt of a Certificate of Compliance, the owner of a Low-Speed Vehicle shall present the Certificate of Compliance to the Police Department along with proof of registration for road use in accordance with Section 436.14 of the Codified Ordinances and obtain a validation sticker. (e) A validation sticker issued under this Section shall be valid for a period of three years from date of issuance. (f) Any Low-Speed Vehicle that has been modified for equipment or increased/decreased speed and no longer meets the criteria after inspection and approval will be immediately denied further operation and become subject to a citation. § 480.03 OPERATION OF LOW-SPEED VEHICLE. The owner or operator of a Low-Speed Vehicle upon public streets within the City shall comply with all generally applicable motor vehicle laws pertaining to operation, licensing, and registration of motor vehicles including, without limitation, speed, safety, and insurance requirements. (a) No person shall operate a Low-Speed Vehicle upon public streets within the City without being in possession of a valid driver’s license, proof of insurance, and valid registration. (b) No person possessing a temporary instruction permit or a probationary license shall operate a Low-Speed Vehicle in violation of Sections 436.03 or 436.04 of the Codified Ordinances. (c) No person shall operate a Low-Speed Vehicle upon public streets or in any public location within the City while under the influence of intoxicating beverages or substances. (d) Each Low-Speed Vehicle operated upon public streets within the City must have a validation sticker issued in accordance with this Chapter, which shall be placed on the rear of the vehicle and plainly visible. (e) Each occupant of a Low-Speed Vehicle must use an appropriate occupant restraining devices while the Low-Speed Vehicle is being operated on public streets within the City. There shall be no more than two seating positions per row of seats and not more than one person per occupant restraining device. (f) No Low-Speed Vehicle shall be operated on any sidewalk, except to cross the sidewalk. Notwithstanding anything in this Chapter to the contrary, Low-Speed Vehicles may be operated on sidewalks for the limited purpose of snow removal. 4 | P a g e #2002757v7<SSEG> - Chp 480 - Low Speed Vehicles (ie Golf Carts & Utility carts) (g) No Low-Speed Vehicle shall be operated on any public street within the City where the posted speed limit is in excess of twenty-five (25) miles per hour or has been specifically designated as a street where Low- Speed Vehicles are prohibited. (1) Except as otherwise provided herein for purposes of crossing only, no Low-Speed Vehicle may be driven upon the following roads within the City: A. Avon Beldon Road (State Route 83) B. Electric Boulevard C. Jaycox Road D. Krebs Road E. Lake Road F. Lear Road G. Miller Road H. Moore Road I. Pin Oak Parkway J. Walker Road (2) Nothing in this section shall prohibit a Low-Speed Vehicle from crossing a street where the posted speed limit is in excess of twenty-five (25) miles per hour provided that the crossing is made at a 90-degree angle, at an intersection, and does not impede motor vehicles legally operating on the street being traversed. (h) No Low-Speed Vehicle may be driven upon public streets or in public spaces unless it is in full compliance with this Chapter and has been registered with the State of Ohio in accordance with Section 436.14 of the Codified Ordinances. (i) Vehicles used for public safety or governmental purposes shall be exempt from the requirements of this Chapter when operated in the course of official duties. § 480.04 MODIFICATION OF LOW-SPEED VEHICLE. (a) No one shall modify a low-speed vehicle to increase the speed, cargo, or seating capacity beyond that established by the manufacturer at the time such was put into commerce. (b) Any modification of a low-speed vehicle which removes the Low-Speed Vehicle from the definition of a Low-Speed Vehicle. may be cause for revocation of the validation sticker or refusal to issue Certificate of Compliance in accordance with Section 480.02(f). 5 | P a g e #2002757v7<SSEG> - Chp 480 - Low Speed Vehicles (ie Golf Carts & Utility carts) § 480.99 PENALTY. Except where a higher penalty is imposed by another provision within the Codified Ordinances, whoever violates this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; for each subsequent offense within one year after the first offense the person is guilty of a misdemeanor of the third degree. ORDINANCE NO. 26-15 INTRODUCED BY: Ms. Gentry AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL SERVICES AGREEMENT FOR ENTERPRISE MANAGED TECHNOLOGY SERVICES AND DECLARING AN EMERGENCY. WHEREAS, Section 59 of the Avon Lake City Charter, entitled Competitive Bidding, authorizes the expenditure of funds without public bidding for “personal services” as defined in the Charter; and WHEREAS, the City of Avon Lake desires to retain the professional services of REDACTED PURSUANT TO R.C. 149.43(A)(1)(v) to provide enterprise managed technology services, including security incident and event management. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Mayor is hereby authorized and directed to enter into a Personal Services Agreement (attached hereto as Exhibit A) with REDACTED PURSUANT TO R.C. 149.43(A)(1)(v) for the provision of enterprise managed technology services, including security incident and event management. The agreement shall provide that the cost of such services shall not exceed One Hundred Thirty-Five Thousand Six Hundred Dollars ($135,600). Section No. 2: Upon satisfactory completion of the services and approval by the Communications and Technology Director, the Finance Director is hereby authorized and directed to issue the warrant of the City to REDACTED PURSUANT TO R.C. 149.43(A)(1)(v) in payment of the amounts due under the agreement. Section No. 3: That it is found and determined that all formal actions of Council relating to the adoption of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 4: That this Ordinance is hereby declared to be an emergency measure, the emergency being the immediate preservation of the public health, safety, and welfare of the public. Therefore, this Ordinance shall be in full force and effect from and immediately after passage and approval by the Mayor. ORDINANCE NO. 26-15 PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A R.C. 149.43(A) R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 SIGNATURE AND CONTRACT EXECUTION This Service Agreement (“Agreement”) is made and entered into between , with office at and ____________________________ a ____________________________ with offices at ____________________________ (“Customer”). All notices, pursuant to Section 12.4, intended for parties shall be effective if sent to their respective addresses above, if to ; if Customer, attention: ____________________________ (“Notice”). Service Provider: Client: City of Avon Lake, Ohio Representative: Representative: Mark Spaetzel Title: Title: Mayor Date: Date: Signature: Signature: Purchase Order Number: _______________________________ Upon acceptance of this contract, sign this page and mail to . Please include your purchase order with this signature sheet. R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A)(1)(v); R.C. R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A)(1)(v); R.C. R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) &9)*#*5 ORDINANCE NO. 26-17 INTRODUCED BY: Ms. Gentry AN ORDINANCE AUTHORIZING PAYMENT FOR SOFTWARE SUPPORT AND LICENSING OF OPENGOV CITIZENS SERVICES AND CARTEGRAPH ASSET MANAGEMENT SYSTEM AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 23-16 authorized a contract with OpenGov, Inc., of San Jose, California, for the installation and implementation of OpenGov Citizens Services and Cartegraph Asset Management System; and WHEREAS, OpenGov, Inc., of San Jose, California, has submitted an invoice to the City for support and licensing, effective March 1, 2026, through February 28, 2027, in the amount of $96,409.52. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Finance Director is hereby authorized to pay to OpenGov, Inc., of San Jose, California, the amount of $96,409.52 for the annual support and licensing of the OpenGov Citizens Services and Cartegraph Asset Management System. Section No. 2: That it is found and determined that all formal actions of Council relating to the adoption of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of providing for licensed software and its support to ensure the orderly and efficient operation of the City, thus for the health, safety, and welfare of the public. Therefore, this Ordinance shall be in full force and effect from and immediately after its passage and approval by the Mayor. 1st reading: 03/09/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor RESOLUTION NO. 26-18 INTRODUCED BY: Ms. Gentry A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $69,072 FROM THE NORTHEAST OHIO PUBLIC ENERGY COUNCIL 2026 ENERGIZED COMMUNITY GRANT AND DECLARING AN EMERGENCY. WHEREAS, the City of Avon Lake is a member of the Northeast Ohio Public Energy Council (NOPEC) and is eligible for NOPEC Energized Community (NEC) Grants for 2026 as provided for in the grant program guidelines; and WHEREAS, the City desires to enter into a grant agreement with NOPEC, Inc., in substantially the form presented to this Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Council hereby finds and determines that it is in the best interest of the City to accept the Northeast Ohio Public Energy Council (NOPEC) Energized Community (NEC) Grant for 2026 in the amount of $69,072, for the purpose of funding eligible energy-efficiency, energy-infrastructure, and facility improvement projects as authorized under the NEC Grant Program Guidelines, and further authorizes the Mayor to execute the grant agreement and all related documents necessary to receive and administer said funds. Section No. 2: That it is found and determined that all formal actions of Council relating to the adoption of this Resolution were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Resolution is declared to be an emergency measure, the emergency being the necessity for the immediate preservation of the public health, safety, and welfare of the City. Therefore, this Resolution shall be in full force and effect immediately upon its adoption and approval by the Mayor. 1st Reading: 03/09/2026 2nd Reading: 3rd Reading: ADOPTED: _________________________ ____________________________ President of Council POSTED: __________________________ ____________________________ Approved ATTEST: __________________________ ____________________________ Clerk of Council Mayor ORDINANCE NO. 26-19 INTRODUCED BY: Mr. Shahmir AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT WITH AVON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP, LLC, FOR THE POWER PLANT REDEVELOPMENT PROJECT AND DECLARING AN EMERGENCY. WHEREAS, Council authorized a Professional Services Reimbursement Agreement with Avon Lake Environmental Redevelopment Group, LLC, of Louisville, Kentucky, by Ordinance No. 23-81, to cover reasonable out-of-pocket expenses incurred by the City for development consulting services related to the Power Plant Redevelopment Project; and WHEREAS, Council desires to enter into a Second Amendment to the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Mayor is hereby authorized and directed to enter into a Second Amendment to the Reimbursement Agreement with Avon Lake Environmental Redevelopment Group, LLC, of Louisville, Kentucky, for development consultant services for an amount not to exceed $731,850. (Exhibit A) Section No. 2: That it is found and determined that all formal actions of Council relating to the adoption of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: This Ordinance is declared to be an emergency measure, the emergency being the necessity for the immediate preservation of public health, safety, and welfare. Therefore, this Ordinance shall be in full force and effect immediately upon its adoption and approval by the Mayor. 1st reading: 03/09/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor 22994832 _1 1 SECOND AMENDMENT TO PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT FOR POWER PLANT REDEVELOPMENT PROJECT by and between CITY OF AVON LAKE, OHIO and AVON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP, LLC This Second Amendment to Professional Services Reimbursement Agreement for Power Plant Redevelopment Project (the “Second Amendment”) is entered into this ____ day of ______________, 2026 (the “Effective Date”), by and between the City of Avon Lake, Ohio (“City”), a municipal corporation duly organized and validly existing under the Constitution and the laws of the State of Ohio and its Charter, and Avon Lake Environmental Redevelopment Group, LLC, (“ALERG”), a limited liability company duly organized and validly existing under the laws of the State of Ohio, with its principal place of business in Louisville, Kentucky. (The City and ALERG are referred to collectively herein as the “Parties” and each individually as a “Party.”) WHEREAS, on May 2, 2023, ALERG and the City entered into the “Professional Services Reimbursement Agreement for Power Plant Redevelopment Project” (the “Original Agreement”) wherein the Parties anticipated entering into a development agreement related to: the creation of a mixed-use zoning district, certain property transactions, and certain development incentives that may include but may not be limited to the creation of a tax increment financing (“TIF”) incentive district for the Redevelopment Project at the real property known as the Avon Lake Generating Station property on Lake Road in the City (the “Property”) (and collectively the “Project”); WHEREAS, during the planning and negotiation of an interim development agreement between the Parties, the City expressed its desire to purchase approximately 23.22 acres along the lakefront of the Property for public park purposes (the “Park Land”); WHEREAS, the potential purchase of the Park Land by the City brings into play various environmental remediation issues for the lakefront Park Land and also necessitating the engagement of environmental consultants by both Parties therefor; WHEREAS, on or about November 13, 2024, the Parties entered into an “Interim Development Agreement” which addresses all of the foregoing matters in these recitals, including provisions for reimbursement to the City by ALERG for certain professional services incurred by the City; WHEREAS, on April 16, 2025, the Parties entered the First Amendment To Professional Services Reimbursement Agreement For Power Plant Redevelopment Project by and between the City of Avon Lake, Ohio and Avon Lake Environmental Redevelopment Group, LLC, amending the Original Agreement; WHEREAS, the Parties entered a Real Estate Purchase Agreement dated December 1, 2025 in connection with the City’s potential acquisition of the Park Land and efforts to support the Project (the “Purchase Agreement”); 19th February 22994832 _1 2 WHEREAS, the City has continued to retain professional legal, financial development, and environmental consultants of its own choosing at its expense to provide special legal counsel and consulting services to further the City’s interests in the Project, including but not limited to acquisition of the Park Land, the rezoning for the Project, and creation of a TIF district to support the Project; and WHEREAS, pursuant to the Interim Development Agreement and/or the Purchase Agreement, ALERG has agreed to reimburse the City for its reasonable and necessary expenses for certain legal counsel, financial development, and environmental professionals’ fees incurred by the City in connection with the Project, including but not limited to the acquisition of the Park Land. NOW, THEREFORE, in consideration of the foregoing and the promises and mutual covenants contained herein, the Parties agree to amend the Original Agreement, as amended, as follows: 1. The provisions of this Second Amendment shall take precedence over the provisions of the Original Agreement, as amended, but all provisions of the Original Agreement, as amended, which are not in conflict with the provisions of this Second Amendment shall remain in full force and effect. 2. Reimbursement of City for Out-of-Pocket Professional Fees. ALERG shall reimburse the City, for the reasonable and necessary out-of-pocket fees (“City Expenses”) incurred by the City beginning on January 1, 2026, for the legal services, professional financial development consulting services, and environmental consulting services (each is a “Consultant” and collectively, the “Consultants”) as set forth in the “2026 Legal Budget for Interim Development Agreement Cost Reimbursement”, attached hereto as Exhibit A and the “2026 Environmental Consulting Budget for Interim Development Agreement Cost Reimbursement”, attached hereto as Exhibit B. Both Exhibit A and Exhibit B are attached hereto and fully incorporated herein by reference and may be amended by the Parties from time-to-time. 3. Deposit by ALERG with City. Within five (5) business days of the Effective Date, ALERG shall deposit with the City an initial amount of Fifty Thousand Dollars ($50,000.00) to cover reimbursements to the City as set forth in Section 2 of this Amendment. When the reimbursement of City Expenses by ALERG is within Ten Thousand Dollars ($10,000.00) of that initial $50,000.00 deposit, ALERG agrees to deposit an additional amount to bring the deposit up to $50,000.00 to cover the reasonable and necessary City Expenses for the Project. For purposes of clarity, neither the City nor ALERG shall have any obligation to enter into any final Development Agreement or apply for any exemptions from property taxes unless such final Development Agreement is fully approved in writing by the Parties. 4. Objections to Consultant Fee Reimbursements. ALERG shall have the right to object to any Consultant’s compensation which is unreasonable based upon the Consultant’s qualifications for the services being invoiced to the City, the time required to perform the service being invoiced, and the necessity for the service. In the event of an objection by ALERG, the Parties shall meet and confer and make best efforts to resolve the objection. 5. Procedure for Reimbursements. ALERG shall reimburse the City for City Expenses incurred by the City for services performed by the Consultants after January 1, 2026, and upon 22994832 _1 3 submission by the City to ALERG of an itemized invoice on a monthly basis for such Consultants’ fees. Each invoice shall set forth a detailed description of the services rendered to the City, the time spent rendering each service, and the fees for each service rendered. To the extent the description of service is protected by the attorney-client privilege, those service entries so protected may be redacted from the invoice supplied to ALERG. Payment by the City of the itemized Consultants’ invoices may be made no less than sixteen (16) days after ALERG’s receipt of the invoice which meets the foregoing criteria unless within the fifteen (15) days from ALERG’s receipt of the invoice it notifies the City of its objection to the invoice. In the event of an objection by ALERG, the Parties shall meet and confer and make best efforts to resolve the objection. In the event the Parties are unable to resolve the objection, either Party may terminate this Amendment by written notice to the other Party and neither Party shall have any further liability to the other Party under this Amendment. 6. Agreement for Reimbursements. a. This Amendment is an interim agreement in contemplation by the Parties of the execution of a final Development Agreement, adoption of appropriate zoning regulations for the Project, and approval of a financial development incentive of some type for the Project (such as tax increment financing –"TIF)). If the Project does not move forward for any reason whatsoever, except for the reason that the City, in its sole discretion, decides not to go forward with the Project approvals, ALERG shall remain obligated to pay all City Expenses incurred to the date of such decision not to go forward, and the City shall be entitled to retain all amounts for City Expenses that were obligated to be reimbursed by ALERG pursuant to this Amendment. b. In the event there is TIF approved for the Project, ALERG shall be reimbursed from the TIF proceeds for all reimbursement payments to the City for the City Expenses and such reimbursement from the TIF proceeds shall be paid to ALERG within one (1) year of the commencement of the TIF. 7. Successors and Assigns. Neither Party hereto may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other Party, which assignment shall not be unreasonably delayed or denied. 8. Amendment and Waiver. The provisions of this Second Amendment may be amended and waived only with the prior written consent of both Parties. 9. Governing Law. This Second Amendment shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. 10. Construction. As both Parties are represented by legal counsel and as both Parties have equal negotiating power, there shall be no construction in favor of any Party due to the fact that counsel for the other Party may not have been responsible for the drafting of this Second Amendment or any part thereof. 11. Severability. Whenever possible, each provision of this Second Amendment shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Second Amendment is held to be prohibited by or invalid under applicable law, such 22994832 _1 4 provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Second Amendment. 12. Counterparts; Electronic Transmission. This Second Amendment may be executed in separate counterparts (including by means of facsimile, email of a .pdf or similar file or other electronic transmission), each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. This Second Amendment, to the extent signed and delivered by means of a facsimile machine, email of a .pdf or similar file or other electronic transmission, shall be treated in all manner and respects and for all purposes as an original agreement and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. 13. Notices. Any notices, submissions, transmittals and remittances required herein shall be sent to: As to the City: City of Avon Lake, Ohio 150 Avon Belden Road Avon Lake, OH 44012 Attention: Mayor MSpaetzel@avonlake.org With a Copy To: Gary Ebert, Esq. Director of Law 150 Avon Belden Road Avon Lake, OH 44012 GAEbert@avonlake.org and Todd S. Davis, Esq. Attorney at Law 30799 Pinetree Road, #209 Pepper Pike, OH 44124 tdavis@hemispheredev.com (a) As to the Developer: Avon Lake Environmental Redevelopment Group, LLC 12601 Plantside Drive Louisville, KY 40299 Attention: Steve Brehm, Chief Counsel and Corporate Secretary Charah Solutions, Inc. sbrehm@charah.com 22994832 _1 5 With a Copy To: R. Todd Hunt, Esq. Roetzel & Andress, LPA 1375 East Ninth Street One Cleveland Center, 10th Floor Cleveland, OH 44114 rthunt@ralaw.com The City and ALERG have caused this Second Amendment to be executed in their respective names by their duly authorized representatives, all as of the date first written above. CITY OF AVON LAKE, OHIO By: Mark Spaetzel, Mayor Approved as to Form: Gary A. Ebert Director of Law, City of Avon Lake, Ohio AVON LAKE ENVIRONMENTAL REDEVELOPMENT GROUP, LLC By: Charah, LLC, its Manager By: Print Name: Title: Steve Brehm Chief Counsel 22994832 _1 6 EXHIBIT A 2026 Legal Budget for Interim Development Agreement Cost Reimbursement (January 1, 2026 - December 31, 2026) Firm Hours Budget 1.0 LEGAL FEES 1.1 City Council Approval of TIF Agreements and Miscellaneous Agreement Drafting $70,500.00 Davis 60 $42,000.00 Berns 60 $28,500.00 1.2 TIF Negotiations $85,000.00 Berns 120 $57,000.00 Davis 40 $28,000.00 1.3 Zoning Issues $71,000.00 Berns 120 $57,000.00 Davis 20 $14,000.00 1.4 Environmental Review, Planning and No Further Action Letter $70,000.00 Davis 100 $70,000.00 1.5 Submerged Land Lease Issues With State of Ohio and City Council $70,000.00 Davis 100 $70,000.00 1.6 Miscellaneous Meetings and Issues $88,125.00 Davis 75 $52,500.00 Berns 75 $35,625.00 1.7 Contingency $88,125.00 Davis 75 $52,500.00 Berns 75 $35,625.00 Subtotal $542,750.00 22994832 _1 7 2.0 ENVIRONMENTAL PROFESSIONALS [To be agreed to by the parties in a separate document as part of Section 6.02 to the Real Estate Purchase Agreement] 3.0 Costs $5,000.00 Budget for photocopies, shipping and other miscellaneous expenses. TOTAL $547,750.00 2026 Legal Billing Rates Todd S. Davis, Esq. $700.00 /hr Jordan Berns, Esq. $475.00 /hr Majeed Makhlouf, Esq. $475.00 /hr *This budget is a good faith estimate of anticipated costs based on currently available information, for purposes of the Interim Development Agreement (the "IDA"). While all service providers will use good faith efforts to minimize transaction costs, this budget estimate may be periodically updated as needed to reflect changing costs for the parties' approval. Service providers may utilize hours identified herein between budget categories without the need for amending this budget, provided the total number of hours identified herein are not exceeded. This budget does not include costs to respond to any potential litigation, referenda or other adverse proceedings threatened or filed by third parties in connection with this matter. 22994832 _1 8 EXHIBIT B (2026 Environmental Consulting Budget for Interim Development Agreement Cost Reimbursement) Task ID Task Name Assigned To Start Date End Date Duration (d Status Priority Dependencies Estimated Amount2 Estimated Verdantas Cash Flow Notes T001 Environmental Site Walk and Kick-Off Meeting Deigan, Verdantas, & City 07/23/2025 07/23/2025 1 Completed High $3,800 September 2025 Initial Site meeting with stakeholders T002 Data Gap Evaluation of Existing Phase I and Phase II Property Assessment Data Verdantas 08/01/2025 10/15/2025 75 Completed High T001 $15,000 September - November 2025 This task is necessary to determine where additional data may be required to meet the standards of the Ohio VAP. T003 Collection of additional Phase II Data Deigan 09/08/2023 10/24/2025 777 Completed High T003 $2,500 October 2025- January 2026 These are only Verdantas' costs to assist Deigan and do not include costs to be incurred by Deigan during the additional assessment activities. T004 Evaluation of data (i.e., soil groundwater, soil gas, surface water, etc.) for both the 23-acre City portion as well as the remaining off-Property portions of the large Plant property Deigan & Verdantas 12/01/2025 04/15/2026 135 In Progress High T002, T003 $13,000 December 2025 - April 2026 Assumes this is on-going throughout data collection activities/data is shared upon laboratory receipt. May need to conduct additional surface water samples and a groundwater to surface water model. T005 Ohio VAP compliant Phase I Property Assessment for the 23- acre (City) portion of the Property Verdantas 01/28/2026 03/16/2026 47 Not Started Medium $15,000 February - March 2026 Phase I Property Assessment for the 23 acres will be required for the NFA Letter. The start of the Phase I PA is dependent on the approval date Task Order. T006 Engage Ohio EPA VAP under Technical Assistance to confirm applicable standards for Recreational Land Uses. Deigan & Verdantas 01/28/2026 03/16/2026 47 In Progress High $2,500 February - March 2026 The start of the Phase I is dependent on the approval of the PSA. T007 Preparation of an Ohio VAP compliant Phase II Property Assessment Report Deigan & Verdantas 01/19/2026 03/20/2026 60 In Progress High T004 $7,000 February - March 2026 Use the Verdantas Ohio VAP Phase II Property Assessment Report for the Coal Yard Property as a Template. T008 Preliminary Risk Assessment (PRA) for the 23-acre portion (to be used for the ODOD Grant Application) Verdantas 01/21/2026 03/20/2026 58 In Progress High T006, T007 $40,000 February - March 2026 T009 Prepare and Submit the BF26 ODOD Grant Application Deigan & Verdantas 02/20/2026 03/25/2026 33 Not Started High T005, T007, T008, T010 $12,000 March - April 2026 This is an estimated schedule and will be determined based on information from ODOD. Deigan will provide input and information for the preparation of the ODOD Remediation Grant Request. T010 Development of the Remedial Approach (Remedial Action Plan) and Cost Estimates for the ODOD PACE Deigan & Verdantas 02/23/2026 03/25/2026 30 In Progress High T007, T008 $5,000 March - April 2026 TIF Budget is in Review T011 Collection of additional Phase II Data and Evaluation Deigan & Verdantas 04/01/2026 05/01/2026 30 Not Started High T007, T008 $6,000 May 2026 This Task is dependent on the Draft Phase II Assessment Report and the Preliminary Risk Assessment. All data collection and analytical costs to be performed by Deigan and paid separately by Deigan/ALERG. T012 Engage Ohio EPA VAP under Technical Assistance to confirm remedial approach, if warranted Deigan & Verdantas 03/07/2026 04/17/2026 41 Not Started High T008 $2,500 May 2026 Discussion with Ohio EPA under TA are likely to occur prior to the indicated date. T013 Implementation additional remedy to meet compliance standards under the NFA Letter, if required. Deigan 03/23/2026 04/24/2026 32 In Progress High T010, T011 $5,000 April - June 2026 Source Area Removal and Pond Cleanout/Closure activities have been completed on the Property. This Task has been included in the schedule in the event additional remedial action (i.e. hot spot removal, relocation, or soil cover) is required based on the results of the PSRA and compliance with Property specific standards required to complete an NFA Letter. The status of this Task is marked as In-Progress because remediation activities were started in early 2025. Verdantas will provide oversight to confirm the remedy was adequately completed in order to meet requirements under the Ohio VAP. T014 Update to the Phase I Property Assessment, if required. Based on 180 day Self Life of the Phase I PA. Verdantas 09/14/2026 10/10/2026 26 Not Started Medium T005, T008, T012 $0.00 September - December 2026 This Task is included as a place holder and will only be required if the Phase I Property Assessment is more than 180 days old from the NFA Letter completion. A cost estimate will be provided if an Update to the Phase I PA is necessary. T015 Finalize Phase II Property Assessment, Property Specific Risk Assessment, and Remedial Activities Report Deigan & Verdantas 08/24/2026 10/23/2026 60 Not Started High T008, T009, T012 $10,000 September - November 2026 Completion of this Task maybe dependent on the response time and input provided by Ohio EPA under Technical Assistance. Verdantas, working with Deigan, will make every effort to completed this Task ahead of schedule. This schedule includes time for internal review. T016 Preparation of a Draft Environmental Covenant Verdantas & Todd Davis, Esq. 10/21/2026 11/20/2026 30 Not Started Low T014 $5,000 December 2026 Becomes higher priority once TIF approved. T017 Preparation of a No Further Action (NFA) Letter Verdantas 10/24/2026 12/23/2026 60 Not Started Low T006, T007, T008, T014 $25,000 November 2026 - December 2026 Becomes higher priority once TIF approved. Verdantas will make every effort to completed this Task ahead of schedule. This schedule includes time for internal review. T018 Verdantas Contingence for Tasks TO04 through TO17 Verdantas 01/28/2026 12/23/2026 329 Not Started Low $14,800 Based om when work is completed This Task cost will only be charged if determined necessary to complete an approved Task. Estimated Total $184,100 General Notes: This Project Schedule and Estimated Budget are provided as good faith estimates based on current available information. These Tasks will be performed on a cost not-to-exceed basis, unless approved in writing by the City of Avon Lake and ALERG. Former Avon Lake Power Plant - Draft Project Schedule and Estimated Cash Flow for Verdantas- January 26, 2026 2026 Environmental Consulting Budget ORDINANCE NO. 26-20 INTRODUCED BY: Mr. Smith AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT FOR LORAIN COUNTY PERMANENT PARCEL NO. 04-00-005-000-119, LOCATED AT 720 MOORE ROAD, AVON LAKE, OHIO, FROM MOORE ROAD, LLC, AND DECLARING AN EMERGENCY. WHEREAS, Moore Road, LLC, is the owner of Lorain County Permanent Parcel No. 04-00-005-000-119, located at 720 Moore Road, Avon Lake, Lorain County, Ohio; and WHEREAS, the Board of Municipal Utilities d/b/a Avon Lake Regional Water by and through the City of Avon Lake, as “Buyer,” and Moore Road, LLC, as “Sellers,” desire to enter into a Purchase and Assignment of Lease Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Mayor is hereby authorized and directed to execute an agreement for the purchase of Lorain County Permanent Parcel No. 04-00-005-000-119, located at 720 Moore Road, Ohio, for the sum of Two Million Four Hundred Thirty-Four Thousand dollars ($2,434,000), as attached hereto and made a part hereof. Section No. 2: That the Mayor and Finance Director are authorized and directed to execute all instruments and take such actions as may be required to complete such transfer. Section No. 3: That all actions taken by the Mayor and his Administration to effectuate the transaction on behalf of the City are duly ratified and confirmed. Section No. 4: That it is found and determined that all formal actions of Council relating to the passage of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 5: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of fulfilling the terms of the agreement in a timely manner in furtherance of the public health, safety, and welfare. Therefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. ORDINANCE NO. 26-20 Page | 2 1st reading: 03/09/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor 1 REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement (this “Agreement”) is made this ____ day of February 2026 (the “Effective Date”), by and between the MOORE ROAD, LLC, an Ohio limited liability company (“Seller”), and BOARD OF MUNICIPAL UTILITIES d/b/a AVON LAKE REGIONAL WATER by and through THE CITY OF AVON LAKE, an Ohio municipal corporation (“Buyer”). 1. The Real Estate. Subject to the terms and conditions set forth in this Agreement, Seller hereby agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, certain Real Estate owned by Seller and located on or about 720 Moore Rd., Avon Lake, Ohio 44012, together with all improvements, fixtures, easements and appurtenant rights and privileges (PPN: 04-00-005-000-119), as further described on Exhibit A attached hereto and incorporated herein by reference (the “Real Estate”). 2. Purchase Price; Title Company. As consideration for the purchase of the Real Estate, Buyer shall pay Two Million Four Hundred Thirty-Four Thousand and 00/100 Dollars ($2,434,000.00) (the “Purchase Price”) to Seller, which Purchase Price shall include an earnest money deposit (the “Deposit”) of Thirty Five Thousand and 00/100 Dollars ($35,000.00). Subject to the terms and conditions set forth in this Agreement, the payment of the balance of the Purchase Price in excess of the Deposit shall occur on the Closing Date (as defined below) and payment of the Deposit shall occur on the Effective Date, the payments of which shall be handled through Erie Commercial Title, 868 Corporate Way, Westlake, Ohio 44145 Attn: Jacqueline Shear, (216) 689- 1050 (the “Title Company”), which shall also act as escrow agent for the transactions described herein. The Deposit shall be refundable to Buyer during the Due Diligence Period (hereinafter defined) and nonrefundable to Buyer thereafter. 3. Closing; Closing Date. Subject to terms and conditions of this Agreement, the consummation of the transactions contemplated by this Agreement (the “Closing”) shall occur no later than ten (10) days after the end of the Due Diligence Period (as defined in Section 4 of this Agreement and as may be extended), or on such earlier or later date as mutually agreed by the Parties in writing (subject to the express extension rights set forth in this Agreement, the “Closing Date”). 4. Due Diligence. (a) Seller Documents. Within five (5) days after the Effective Date, Seller shall deliver to Buyer the following, to the extent in Seller’s possession (collectively, the “Seller Documents”): (i) a copy of any prior title policy for the Real Estate, and (ii) a copy of any existing final and certified survey, appraisal and/or environmental reports or studies for the Real Estate issued to Seller within the ten (10) year period prior to the Effective Date. Seller makes no representation or warranty of any kind or nature, either oral or written, directly or indirectly, express, implied, statutory or otherwise, with respect to the Seller Documents. Seller shall have no obligation or liability whatsoever with respect to, or in any way arising out of, the Seller Documents. 28078865 v11 2 (b) Due Diligence Period. Buyer shall have a period of forty five (45) days after the Effective Date (the “Due Diligence Period”) within which to examine the Real Estate and perform all non-invasive inspections and audits and obtain all reports with respect thereto, including, structural, environmental, title and survey review, and any other due diligence items which Buyer deems necessary or advisable in its sole discretion (collectively, “Inspections”). Upon Seller’s request, Buyer shall deliver a copy of the results of any such Inspections to Seller. Seller shall not in any way be liable for, and Seller does not assume, any risk, liability, or responsibility or duty of care as to Buyer and its employees, agents, representatives or contractors (collectively, the “Buyer Parties”) when on the Real Estate to conduct any Inspections. Buyer acknowledges and agrees that the Buyer Parties enter the Real Estate and conduct the Inspections at their own risk. Notwithstanding anything to the contrary in this Agreement, Buyer and Seller agree that no invasive testing, including but not limited to borings, asbestos samplings, or any Phase II Environmental Site Assessment (collectively, “Invasive Testing”), shall be performed at the Real Estate without the prior written consent of Seller, which consent may be withheld in Seller’s sole and absolute discretion. Closing is expressly contingent upon the results of Buyer’s due diligence being to Buyer’s sole satisfaction, which shall be determined in Buyer’s sole discretion during the Due Diligence Period. If, within the Due Diligence Period, Buyer notifies Seller in writing of Buyer’s election not to proceed with Closing, then Closing shall not take place, this Agreement shall terminate, the Deposit shall be refunded to Buyer and thereafter neither party shall have any further rights or obligations under this Agreement. If, within the Due Diligence Period, Buyer fails to notify Seller in writing of Buyer’s election not to proceed with the Closing, then this contingency shall be deemed automatically satisfied without need for any affirmative action or approval by either Party, the Deposit shall be nonrefundable to Buyer and all Parties will proceed forward toward Closing subject to the terms and conditions of this Agreement. (c) During the Due Diligence Period, Buyer shall use commercially reasonable good faith efforts to obtain approval of this Agreement by both the Avon Lake Board of Municipal Utilities and the Avon Lake City Council (collectively, the “Required Approvals”). Buyer shall deliver a copy of such Required Approvals promptly after Buyer’s receipt thereof. If Buyer does not obtain such Required Approvals, then Buyer shall have the right, upon written notice to Seller delivered on or before the expiration of the Due Diligence Period, to terminate this Agreement, whereupon the Deposit shall be returned to Buyer and thereafter neither party shall have any further rights or obligations under this Agreement. If Buyer fails to timely terminate this Agreement in accordance with the preceding sentence, then Buyer shall have be deemed to have obtained such Required Approvals on or before the expiration of the Due Diligence Period and waived Buyer’s right to terminate this Agreement pursuant to this Section 4(c). (d) From the Effective Date through the Closing Date or earlier termination of this Agreement, Seller shall use commercially reasonable efforts to enter into a written lease agreement with the Farmer (hereinafter defined) (the “Farm Lease”), upon terms not inconsistent with the following: (i) an initial term of one (1) year; (ii) annual rent equal to $5,000.00 per annum; and (iii) two (2) extension options of one (1) year each, exercisable by mutual agreement of the Farmer as the tenant under the Farm Lease and the landlord under the Farm Lease no later than December 31 of the calendar year preceding the 3 expiration of the then-current term of the Farm Lease, with annual rent equal to $5,000.00 per annum for each year of any extension term. If Seller and the Farmer execute the Farm Lease during the Due Diligence Period, then Seller shall provide a copy of such Farm Lease to Buyer promptly after the full execution thereof. Buyer’s waiver or deemed waiver of Buyer’s right to terminate this Agreement under Section 4(b) above shall be deemed Buyer’s acceptance of the Farm Lease in all respects, and at Closing, Buyer shall assume the Farm Lease pursuant to the Assignment of Lease (hereinafter defined). If Seller and the Farmer are unable to agree on or execute the Farm Lease prior to the expiration of the Due Diligence Period, then the same shall not be deemed a default or failure of a condition precedent to Buyer’s obligation to proceed to Closing, and Buyer’s sole and exclusive remedy shall be to terminate this Agreement before the expiration of the Due Diligence Period as set forth in Section 4(b) above. 5. Deed; Title; Survey. (a) Deed. At Closing, Seller shall convey marketable fee simple title to the Real Estate to Buyer by limited warranty deed substantially in the form of Exhibit B attached hereto and made a part hereof (the “Deed”), free and clear of all liens and encumbrances except matters of record not objected to or otherwise deemed accepted by Buyer, survey matters, zoning and building ordinances, and real property taxes and assessments, both general and special, which are a lien on the Real Estate but not yet due and payable (“Taxes”) (collectively, the “Permitted Exceptions”). (b) Title. Promptly following the Effective Date, Seller shall order a commitment for a fee owner’s policy of title insurance from the Title Company (“Title Commitment”) for delivery to Seller and Buyer during the Due Diligence Period. At the Closing, Buyer shall be entitled to receive an ALTA Owner’s Fee Policy of Title Insurance (the “Title Policy”) issued by the Title Company insuring title to the Real Estate vested in Buyer as of the filing of the Deed for record, subject only to the Permitted Exceptions. By no later than five (5) business days before the expiration of the Due Diligence Period, Buyer shall raise written objections to the Title Commitment and/or any survey as to any matter which is unacceptable to Buyer (“Buyer’s Objections”). Seller shall have three (3) business days after Seller’s receipt of Buyer’s Objections (“Seller’s Response Period”) to deliver written notice to Buyer electing to either: (i) remedy Buyer’s Objections; or (ii) not remedy Buyer’s Objections (“Seller’s Notice”), provided that if Seller fails to provide Seller’s Notice within Seller’s Response Period, then Seller shall be deemed to have elected not to remedy Buyer’s Objections. If Seller elects or is deemed to have elected not to remedy Buyer’s Objections, then Buyer may elect, by written notice to the Seller on or before the expiration of the Due Diligence Period, to cancel this Agreement, whereupon the Deposit shall be returned to Buyer and thereafter neither party shall have any further rights or obligations under this Agreement. A failure by Buyer to deliver any such written cancellation notice to Seller on or before the expiration of the Due Diligence Period shall be a conclusive presumption that Buyer has approved the Title Commitment and any survey, including Buyer’s Objections that Seller has not expressly agreed to remedy, and that this Agreement shall remain in full force and effect. If Seller elects to remedy Buyer’s Objections and Seller does not remedy Buyer’s Objections before the Closing, then Buyer may elect, by written notice to the Seller on or before the Closing Date, to cancel this 4 Agreement, whereupon the Deposit shall be returned to Buyer and thereafter neither party shall have any further rights or obligations under this Agreement. (c) Seller and Buyer each hereby acknowledge that, as of the Effective Date, the Real Estate is subject to an oral license agreement with Brad Knoble (the “Farmer”) to use a portion of the Property for agricultural purposes (the “Farm License”). At or prior to Closing, Seller shall terminate the Farm License by written notice to the Farmer, which may be via email (the “Farm License Termination”). (d) With respect to the Tax Litigation (hereinafter defined), Buyer shall reasonably cooperate with Seller, at no out of pocket cost to Buyer, to obtain the settlement or other resolution of the Tax Litigation such that any lien filed in connection therewith shall have been released or will be released at Closing. Such cooperation shall not be deemed a violation of Section 29 of this Agreement. Any such settlement or other resolution shall be subject to Seller’s approval in Seller’s sole and absolute discretion. 6. Closing Deliveries. (a) On or before the Closing Date, Seller shall deposit or cause to be deposited with the Title Company: (i) the Deed; (ii) a “Non-Foreign Seller Affidavit” as required by Section 1445 of the Internal Revenue Code of 1986, as amended; (iii) a title affidavit substantially in the form of Exhibit C attached hereto and made a part hereof; (iv) two (2) counterparts of an Assignment and Assumption of Lease substantially in the form of Exhibit D attached hereto and made a part hereof, assigning the Farm Lease to Buyer (the “Assignment of Lease”), executed by Seller; and (v) such other funds, documents and instruments, in recordable form or otherwise, as may be reasonably required by the Title Company or Buyer as a condition of the closing of the escrow. (b) On or before the Closing Date, Buyer shall deposit with the Title Company: (i) the Purchase Price; (ii) a Form DTE-100EX; (iii) two (2) counterparts of the Assignment of Lease, executed by Buyer; and (iv) such other funds, documents and instruments, in recordable form or otherwise, as may be reasonably required by the Title Company as a condition of the closing of the escrow. 7. Prorations and Expenses. At Closing, Taxes for the year of Closing shall be prorated as of the Closing Date, upon the basis of a calendar year using the amount shown on the last available tax duplicate. Any Taxes for years prior to the year of Closing and interest and penalties associated therewith, including in connection with the Tax Litigation, if any, shall be paid or otherwise resolved by Seller at or before Closing, which may be effectuated using proceeds of the sale of the Property to Buyer. Seller and Buyer shall cooperate to arrange for utilities to the Real Estate, if any, to be transferred to Buyer at Closing. Other normally pro-rated items shall be pro-rated as of the Closing Date. Notwithstanding the foregoing or anything to the contrary in this Agreement, Buyer shall be solely responsible for any and all agricultural recoupments relating or attributable to the Real Estate due to a change in the use thereof, whether or not due or payable on the Closing Date or thereafter and whether attributable to the period before Closing or the period after Closing (collectively, “CAUV Recoupments”), which CAUV Recoupments are estimated to be $98,033.64. Within ten (10) business days after such time as any CAUV Recoupments become 5 known based upon written notice from the applicable governmental authority (the “CAUV Notice”), Buyer shall provide Seller with a copy of such CAUV Notice. Buyer shall pay all such CAUV Recoupments by no later than the earlier of thirty (30) days after the date of the CAUV Notice or when due. Seller shall have no liability of any kind with respect to any CAUV Recoupments, and Buyer agrees to indemnify, defend and hold harmless Seller from any and all liability, cost and expense with respect to the CAUV Recoupments. Any amounts collected by Seller under the Farm Lease for 2026 will be prorated among Seller and Buyer as of the Closing Date. This Section shall survive the Closing. 8. Closing Costs. (a) At Closing, Seller shall pay for: (i) the cost of removing or discharging any defect, lien or encumbrance required for conveyance of the Real Estate that Seller has expressly agreed to remove or discharge under this Agreement, if any; (ii) the transfer tax, if any, for the sale of the Real Estate to Buyer; (iii) one-half (1/2) the costs of the title examination and Title Commitment; (iv) one-half (1/2) the cost of the base premium for the Title Policy, excluding any extended coverage or endorsements thereto; (v) one-half (1/2) the escrow fee; (vi) the fee for the preparation of the Deed, if any; (vii) the commission to Seller’s Broker (hereinafter defined) under the Brokerage Agreement (hereinafter defined); and (viii) to the extent reasonably necessary for the Title Company to insure over any liens associated the Tax Litigation, such sums as the Title Company may reasonably require to insure over any liens associated with the Tax Litigation. (b) At Closing, Buyer shall pay for: (i) one-half (1/2) the cost of the Title Commitment and Title Policy, plus all of the costs for any extended coverage and endorsements thereto; (ii) one-half (1/2) the cost of the Title Policy; (iii) one-half (1/2) the escrow fee; (iv) recordation of the Deed; (v) the costs of any survey and other third party reports Buyer obtains; and (v) all other closing costs. (c) Each party shall be responsible for payment of its own attorneys’ fees. 9. Possession. Seller shall deliver possession of the Real Estate to Buyer on the Closing Date. 10. Closing. (a) The obligations of Buyer hereunder are subject to the following conditions, any of which may, in Buyer’s sole and absolute discretion, be waived by Buyer in writing: (i) The representations and warranties of Seller set forth in Section 11 shall be true and correct in all material respects on the Closing Date; (ii) Seller’s ability to convey title to Buyer as required by this Agreement; (iii) Buyer being satisfied, in Buyer’s sole and absolute discretion, with the results of its due diligence investigation, which Buyer shall determine on or before the expiration of the Due Diligence Period as set forth in Section 4(b) above; 6 (iv) The Required Approvals shall have been obtained on or before the expiration of the Due Diligence Period as set forth in Section 4(c) above; (v) The Farm License Termination shall have been received by Seller; (vi) The Tax Litigation shall have been settled or otherwise resolved and any lien filed in connection therewith shall have been released or will be released at Closing; (vii) All obligations of Seller hereunder to be performed at or prior to the Closing Date have been or can and will be performed as of the Closing Date; and (viii) Seller elects, within Seller’s Response Period, to remedy Buyer’s Objection but does not remedy Buyer’s Objections before the Closing. If the satisfaction of any of the foregoing conditions (“Buyer’s Closing Conditions”) does not occur on or prior to the Closing Date or such earlier date as specified above, then Buyer may elect, in its sole discretion by written notice to Seller, to: (i) waive the failure of any such unsatisfied Buyer’s Closing Conditions and close the transaction contemplated herein; (ii) exercise the remedies provided in Section 14 of this Agreement if the failure of any of Buyer’s Closing Conditions is as a result of Seller’s default under this Agreement; or (iii) terminate this Agreement, in which case the Title Company shall refund the Deposit to Buyer, and thereafter Seller and Buyer shall have no further rights or obligations under this Agreement. (b) The obligations of Seller hereunder are subject to the following conditions, any of which may be waived by Seller in writing: (i) The representations and warranties of Buyer set forth in Section 12 shall be true and correct in all material respects on the Closing Date; (ii) The Required Approvals shall have been obtained on or before the expiration of the Due Diligence Period as set forth in Section 4(c) above and a copy thereof delivered to Seller; (iii) The Farm License Termination shall have been received by Seller; (iv) The Tax Litigation shall have been settled or otherwise resolved and any lien filed in connection therewith shall have been released or will be released at Closing; and (v) All obligations of Buyer hereunder to be performed at or prior to the Closing Date have been or can and will be performed as of the Closing Date. If the satisfaction of any of the foregoing conditions (“Seller’s Closing Conditions”) does not occur on or prior to the Closing Date or such earlier date as specified above, then Seller may elect, in its sole discretion by written notice to Buyer, to: (i) waive the failure of any such unsatisfied Seller’s Closing Conditions and close the transaction contemplated herein; 7 (ii) extend the Closing Date until such time as all such unsatisfied Seller’s Closing Conditions have been satisfied, but in no event more than sixty (60) days after the scheduled Closing Date; (iii) exercise the remedies provided in Section 14 of this Agreement if the failure of any of Seller’s Closing Conditions is as a result of Buyer’s default under this Agreement; or (iv) terminate this Agreement, in which case the Escrow Agent shall reimburse the Deposit to Buyer (except if the satisfaction of the conditions under Sections 10(b)(i), (ii) or (v) does not occur, in which case the Deposit shall be disbursed to Seller), and thereafter Seller and Buyer shall have no further rights or obligations under this Agreement. 11. Seller’s Representations and Warranties. Seller represents and warrants to Buyer that as of the Effective Date: (a) This Agreement is a legal, valid, and binding obligation of Seller and is enforceable against Seller in accordance with its terms; (b) Seller has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Seller pursuant hereto; (c) Seller has not entered into any purchase and sale agreement, option to purchase, right of first refusal, land installment contract, mortgage, or other similar agreement or instrument that would be binding on Buyer or the Property after Closing; (d) Except for Moore Road LLC vs. Lorain County Auditor, Case No. 14CV184928, Lorain County Court of Common Pleas and related disputes (collectively, the “Tax Litigation”), there are no suits, actions or proceedings pending or, to Seller’s knowledge, threatened in writing against the Real Estate; and (e) Seller has not entered into any purchase and sale agreement, option to purchase, right of first refusal, land installment contract, or other similar agreement or instrument with respect to the Property that remains in effect as of the Effective Date. 12. Buyer’s Representations and Warranties. Buyer hereby represents and warrants to Seller as follows: (a) This Agreement is a legal, valid, and binding obligation of Buyer and is enforceable against Buyer in accordance with its terms; (b) Except for the Required Approvals, no other approvals or consents are required for Buyer to enter into and perform Buyer’s obligations under this Agreement, and all actions necessary to authorize the execution, delivery and performance of this Agreement by Buyer have been taken and such actions have not been rescinded or modified; and (c) Buyer and all persons executing this Agreement on behalf of Buyer, have full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Buyer pursuant hereto. 8 13. Covenants of Seller Pending Closing. Prior to the Closing Date or earlier termination of this Agreement, Seller shall not enter into any agreements of any kind whatsoever, or grant any rights or privileges, with respect to the Real Estate, without the prior written consent of the Buyer; provided, however, that Seller shall have the right to obtain the Farm License Termination and enter into any settlement or other resolution of the Tax Litigation without Buyer’s prior written consent. Notwithstanding anything to the contrary in this Agreement, if the Tax Litigation has not been settled or otherwise resolved and/or any lien filed in connection therewith has not been released as of the then-scheduled Closing Date, then Seller shall have the right to extend the Closing Date for up to forty-five (45) days in order to obtain the settlement and resolution of the Tax Litigation and release of any lien filed in connection therewith. If Seller fails to settle or otherwise resolve the Tax Litigation and/or any lien filed in connection therewith before the Closing Date (as the same may be extended pursuant to this Agreement), then Buyer, as its sole and exclusive remedy, shall have the right to terminate this Agreement as more particularly set forth in Section 10(a) above. 14. No Liabilities Assumed. The parties expressly acknowledge and agree that, except as set forth in this Agreement or any of the documents executed in connection with Closing, Buyer shall assume no liabilities of Seller in connection with the transactions contemplated by this Agreement. 15. Remedies Upon a Default. (a) If Seller shall fail to consummate the sale contemplated herein for any reason other than Buyer’s breach or default or termination as permitted herein, then Buyer shall be entitled, upon five (5) days prior written notice to Seller and the Title Company, in lieu of all other rights and remedies available to Buyer elsewhere in this Agreement and at law or in equity, (i) to sue for specific performance, or (ii) to terminate this Agreement, in which case any funds and documents deposited by the parties with each other or in escrow shall be returned forthwith to the party who so deposited same and the parties shall thereupon be released from any further obligations each to the other; provided, however, that any action for specific performance must be commenced within sixty (60) days after the date of the applicable written notice from Buyer. Seller would also be responsible to pay for all costs that may be owing with respect to the title examination. (b) If Buyer shall fail to consummate the purchase contemplated herein for any reason other than Seller’s breach or default or termination as permitted herein, then Seller shall be entitled, upon five (5) days prior written notice to Buyer and the Title Company, to terminate this Agreement, in which event the Deposit shall be released to Seller as liquidated damages and otherwise any funds and documents deposited by the parties with each other or in escrow shall be returned forthwith to the party who so deposited same and the parties shall thereupon be released from any further obligations each to the other. Buyer would also be responsible to pay for all costs that may be owing with respect to the title examination. (c) BUYER AND SELLER ACKNOWLEDGE AND AGREE THAT (i) THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF AND BEARS A REASONABLE RELATIONSHIP TO THE DAMAGES THAT WOULD BE 9 SUFFERED AND COSTS INCURRED BY SELLER AS A RESULT OF HAVING WITHDRAWN THE REAL ESTATE FROM SALE AND THE FAILURE OF CLOSING TO HAVE OCCURRED DUE TO A DEFAULT OF BUYER UNDER THIS AGREEMENT; (ii) THE ACTUAL DAMAGES SUFFERED AND COSTS INCURRED BY SELLER AS A RESULT OF SUCH WITHDRAWAL AND FAILURE TO CLOSE DUE TO A DEFAULT OF BUYER UNDER THIS AGREEMENT WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL TO DETERMINE; (iii) BUYER SEEKS TO LIMIT ITS LIABILITY UNDER THIS AGREEMENT TO THE AMOUNT OF THE DEPOSIT IF THIS AGREEMENT IS TERMINATED AND THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT DOES NOT CLOSE DUE TO A DEFAULT OF BUYER UNDER THIS AGREEMENT; AND (iv) THE AMOUNT OF THE DEPOSIT SHALL BE AND CONSTITUTE VALID LIQUIDATED DAMAGES. 16. Risk of Loss. If the Real Estate is damaged or destroyed by fire or other cause after the Effective Date and prior to Closing and the cost of remediating such damage or destruction (as reasonably estimated by Seller) is equal to or greater than fifty percent (50%) of the Purchase Price, then Buyer may elect, by written notice to Seller within fifteen (15) days after the date that Buyer receives notice of such damage or destruction, to (a) terminate this Agreement and receive the return of all money Buyer previously deposited in escrow hereunder (and thereafter neither party shall have any further obligations or liability hereunder), or (b) complete the purchase of the Real Estate and, to the extent the same exist and are assignable by Seller to Buyer, receive any proceeds from any insurance carried by Seller covering such damage or destruction, up to the amount of the Purchase Price, with a credit to Buyer for any deductible under such insurance. The failure of Buyer to elect to terminate this Agreement in the manner provided in this Section 16 shall be deemed an election by Buyer to complete the purchase as set forth herein. Except as expressly provided by the foregoing, Buyer shall not have any right to terminate this Agreement due to any damage or destruction, and Buyer shall complete the purchase of the Real Estate in accordance with this Agreement; provided, however, that to the extent the same exist and are assignable by Seller to Buyer, Buyer shall receive any proceeds from any insurance carried by Seller covering such damage or destruction, up to the amount of the Purchase Price, with a credit to the Buyer for any deductible under such insurance. 17. Further Assistance; Cooperation. Seller and Buyer agree, at any time and from time to time, to execute any and all documents reasonably requested by the other party or the Title Company to carry out the intent of this Agreement, provided that the same do not materially increase any obligations or decrease any rights of the party executing the same. 18. Assignment; Binding Agreement. This Agreement may not be assigned without the other party’s prior written consent. The terms and conditions of this Agreement shall not survive Closing but, subject to the foregoing, shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and permitted assigns. 19. Counterparts. This Agreement may be executed in any number of counterparts, including electronic signatures included in a pdf file or via DocuSign or similar service, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall become effective when counterparts have been signed 10 by each party and delivered to the other parties, it being understood that the parties need not sign the same counterpart. Copies of this Agreement bearing the signatures of Buyer and Seller shall be as binding as originals. 20. Brokers. Buyer represents and warrants to Seller that Buyer has not dealt with a real estate broker in connection with this transaction. Seller represents and warrants to Buyer that Seller has not dealt with any real estate broker in connection with the sale of the Property, except for Kevin Kelly of Cushman and Wakefield (“Seller’s Broker”). If Closing occurs, then at Closing, Seller shall pay a commission to Seller’s Broker pursuant to a separate agreement between Seller and Seller’s Broker (the “Brokerage Agreement”) and shall defend, indemnify and hold Buyer harmless with respect thereto. Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all costs, expenses, liabilities, claims and/or obligations for brokerage fees or commissions in connection with the sale of the Real Estate payable to or claimed by any broker (other than Seller’s Broker) claiming to have dealt solely with Buyer and not with Seller (if any). The provisions of this Section 20 shall survive the Closing or earlier termination of this Agreement. 21. Entire Agreement. This Agreement shall be deemed to contain all of the terms and conditions agreed upon, it being understood that there are no outside representations or oral agreements. 22. Escrow Conditions. This Agreement shall serve as escrow instructions for the Title Company, and may be supplemented by additional escrow instructions from the parties prior to the Closing, so long as such additional instructions do not conflict with this Agreement. 23. Notices. Any notice request, information, or other communication to be given hereunder to either of the parties by the other shall be in writing and shall be deemed to have been delivered on the next business day after being deposited with a nationally recognized overnight delivery service, or upon first attempted delivery after being deposited in the first class U.S. mail, postage prepaid, registered or certified mail, return receipt requested, as follows: If to Buyer: Avon Lake Regional Water 201 Miller Road Avon Lake, Ohio 44012 If to Seller: Moore Road, LLC P.O. Box 40482 Bay Village, Ohio 44140 With a copy to: Benesch, Friedlander, Coplan & Aronoff LLP 127 Public Square, Suite 4900 Cleveland, Ohio 44114 Attn: Barry J. Guttman, Esq. or such other addresses as Buyer or Seller may advise each other in writing. 11 24. Access to Real Estate. From and after the Effective Date and until the Closing or earlier termination of this Agreement, Seller agrees to permit Buyer and Buyer’s designees reasonable access to the Real Estate, upon at least two (2) business days’ prior notice, for the purpose of making Inspections as contemplated by this Agreement. Buyer shall indemnify, defend and hold harmless Seller from and against any liability, loss, damage, claim, fee, cost or expense, including reasonable attorney’s fees which may have resulted or may result from any such entry upon or inspection of the Real Estate and Buyer shall restore the Real Estate to its condition existing prior to such entry or inspection. The provisions of the preceding sentence shall survive the termination of this Agreement. 25. Section Headings. All section headings and other titles and captions herein are for convenience only, do not form a substantive part of this Agreement, and shall not restrict or enlarge any substantive provisions of this Agreement. 26. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio. Each party hereby submits to personal jurisdiction in the State of Ohio for the enforcement of this Agreement and hereby waives any claim or right under the laws of any other state or of the United States to object to such jurisdiction. THE PARTIES HERETO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF THIS AGREEMENT. 27. Time of Performance. With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence. Notwithstanding the foregoing, if the expiration of any time period or the Closing Date is on a day that is not a business day, then such expiration or the Closing Date shall be automatically extended to the next day that is a business day. As used in this Agreement, the term “business day” shall mean any day that is not a Saturday, Sunday, national legal holiday or other holiday on which federally-chartered banks are required or permitted to be closed for business in Cleveland, Ohio or in the State of Ohio. 28. AS-IS PROVISION. Buyer agrees and acknowledges that the Real Estate is being conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, and that, except as expressly set forth in Section 11 of this Agreement, Seller has not made any representations or warranties, either express or implied, regarding the physical condition, zoning, suitability for any use or purpose, subsoil conditions, existence of minerals or rights thereto, or otherwise concerning the Real Estate. Buyer acknowledges that it will have sufficient access to the Real Estate during the Due Diligence Period to fully inspect the Real Estate and is relying solely on such inspection(s) regarding the condition of the Real Estate. 29. Survival. If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing and is expressly stated in this Agreement to survive Closing, it shall survive the Closing and remains binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 30. Confidentiality. Notwithstanding anything to the contrary set forth in this Agreement, Buyer and Seller hereby agree that except as expressly required by applicable law, (i) each party shall keep confidential this Agreement and the transactions or other matters contemplated hereby and (ii) neither party shall disclose this Agreement, the contents of this 12 Agreement or any of the transactions or other matters contemplated by this Agreement (including, without limitation, by issuing any press release or making any public announcement relating to the Real Estate, this Agreement or any of the transactions or other matters contemplated hereby) without the written approval of the other party. The confidentiality and non-disclosure obligations under this Section 29 shall apply, without limitation, to all matters disclosed by any Inspections or other written reports, documents and agreements received by Buyer in connection with this Agreement or the Real Estate. The provisions of this Section 29 shall survive the termination of this Agreement. [signatures on following page] 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth in the preamble. BUYER: SELLER: Avon Lake Regional Water Moore Road, LLC By: ___________________________ By:__________________________ Name: ________________________ Name: _______________________ Title: _________________________ Title: ________________________ City of Avon Lake, Ohio By: __________________________ Name:________________________ Title: _________________________ APPROVED AS TO LEGAL FORM: _____________________________ Director of Law City of Avon Lake, Ohio CERTIFICATE OF THE DIRECTOR OF FINANCE I hereby certify that the amount required to meet the City’s obligations under this Agreement has been lawfully appropriated and is in the treasury or in the process of collection to the credit of an appropriate fund free from any previous encumbrance. _________________________________ Director of Finance EXHIBIT A Legal Description 15 EXHIBIT B Form of Deed See attached. 17 LIMITED WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, THAT, MOORE ROAD, LLC, an Ohio limited liability company (“Grantor”), for valuable consideration paid, grants, with limited warranty covenants, _______________, a _______________ (“Grantee”), whose tax mailing address is _______________, that certain real property, including all improvements thereon, situated in the City of Avon Lake, County of Lorain and State of Ohio (the “Property”), which Property is further described as follows: See Exhibit A attached hereto and incorporated herein. Tax Parcel No.: 00-005-000-119 Property Address: 720 Moore Road, Avon Lake, Ohio Prior Instrument References: Instrument No. _________ of the Lorain County Records. The foregoing conveyance is expressly made subject to the following (collectively, the “Permitted Encumbrances”): (i) real property taxes and assessments, both general and special, which are a lien on the Property, but not yet due and payable; (ii) covenants, conditions, reservations, restrictions and other matters of record; (iii) zoning and building ordinances; (iv) easements and rights of way, if any; and (vi) matters that would be disclosed by an accurate survey of the Property. Grantor covenants with the Grantee that, other than the Permitted Encumbrances, the Property is free from all encumbrances made by Grantor, and Grantor does warrant and will defend the same to Grantee forever, against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. [Remainder of this page intentionally left blank; signature and acknowledgment follow] 18 EXECUTED as of this _____ day of ____________ 202__. GRANTOR: MOORE ROAD, LLC, an Ohio limited liability company By: __________________________ Name: Title: STATE OF __________ § § COUNTY OF _________ § BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named MOORE ROAD, LLC, an Ohio limited liability company, by ______________, its __________, who acknowledged that: (i) he/she did sign the foregoing instrument for and on behalf of the company, being thereunto duly authorized; (ii) he/she understands the document and the consequences of executing the document by signing it; and (iii) the same is his/her free act and deed individually and as such __________ and the free act and deed of the company. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at _____________, __________, this _____ day of ________ 202__. Notary Public My commission expires: ________________________ This instrument prepared by: Barry J. Guttman, Esq. Benesch Friedlander Coplan & Aronoff LLP 127 Public Square, Suite 4900 Cleveland, Ohio 44114 (216) 363-4547 (Signature Page to Limited Warranty Deed) 19 Exhibit A to Limited Warranty Deed [to be inserted] EXHIBIT C Form of Title Affidavit See attached. 21 TITLE AFFIDAVIT STATE OF ) ) COUNTY OF ) The undersigned, MOORE ROAD, LLC, an Ohio limited liability company (“Owner”), being duly sworn according to law, deposes and states that: 1. Reference is hereby made to the real property located in City of Avon Lake, County of Lorain, State of Ohio, and more particularly described in Exhibit A to [_______________] (the “Title Company”) Commitment No. _________________ (the “Property”). This Affidavit is being executed by [__________], the [_______________] of Owner, and (a) such individual shall not, under any circumstances whatsoever, be deemed to have made any of the statements hereunder in any individual capacity and shall not, under any circumstances whatsoever, have any personal liability whatsoever with respect to any such statements, and (b) all statements of Owner set forth herein are statements of Owner only and not of such individual or any other natural person. 2. Owner is authorized to execute this affidavit and has the ability to execute all instruments necessary to convey the Property pursuant to authority under the applicable organizational and governance documents of Owner. 3. Owner is in good standing in its state of formation. 4. To Owner’s actual knowledge, without investigation or inquiry, there are no unrecorded documents affecting title to the Property entered into by Owner and no other person or entity that has a legal or equitable right to the Property, in each case other than (a) any matters contained in the real property records of the county in which the Property is located, and (b) _________________ [list any other unrecorded documents; none if blank]. 5. To Owner’s actual knowledge, without investigation or inquiry, Owner has received no actual, written notice of any taxes and/or special assessments affecting the Property other than those shown on the title commitment and as disclosed in the tax assessor’s records. 6. To Owner’s actual knowledge, without investigation or inquiry, there are no unpaid bills or claims for labor or services performed or materials furnished or delivered during the last three (3) months for alterations, repair, work, or new construction on the Property by Owner that have not been paid in full other than _____________ [none if blank]. 7. To Owner’s actual knowledge, without investigation or inquiry, no proceeding in bankruptcy has been instituted within the past three (3) years by or against Owner, nor has Owner made any assignment for the benefit of creditors within the past three (3) years. 8. To Owner’s actual knowledge, without investigation or inquiry, there is no action or proceeding asserted against Owner relating to the Property in any state or federal court in the United States, nor are there any state or federal judgments or any federal liens of any kind or nature whatsoever which now constitutes a lien or charge upon the Property. 22 9. This affidavit is given to induce the Title Company to issue that certain title policy in favor of ___________________, pursuant to its Commitment No. __________________, with full knowledge that it will be relying upon the accuracy of same. [Remainder of this page intentionally left blank; signatures and acknowledgments follow] 23 OWNER: MOORE ROAD, LLC, an Ohio limited liability company By: Print: ___________________________ Title: ___________________________ STATE OF § § COUNTY OF § Before me, a Notary Public in and for said County and State, personally appeared [_______________], the [_______________] of MOORE ROAD, LLC, an Ohio limited liability company, on behalf of such entity, and that the same is his/her free act and deed and the free act and deed of said entity. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at _____________________, ____________, this _____ day of _________ 202__. Notary Public My commission expires: (Signature Page to Title Affidavit) EXHIBIT D Form of Assignment of Lease See attached. 25 ASSIGNMENT OF LEASE THIS ASSIGNMENT OF LEASE (this “Assignment”) is made and entered into as of this ____ day of _______________ 2026, by and between MOORE ROAD, LLC, an Ohio limited liability company (“Assignor”), and _________________________, a(n) _____________________ (“Assignee”). W I T N E S S E T H: For and in consideration of the sum of Ten and No/100 Dollars ($10.00), the conveyance by Assignor to Assignee of all that real property and property rights particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Property”), and the mutual covenants herein contained, the receipt and sufficiency of the foregoing consideration being hereby acknowledged by the parties hereto, Assignor hereby transfers, grants, conveys, and assigns to Assignee all of Assignor's right, title, and interest in and to that certain [Lease] by and between Assignor, as landlord, and Brad Knoble, as tenant, dated as of _______, 2026 (the “Lease”), including all rents, issues and profits under the Lease. Assignee, by its acceptance hereof, does hereby assume and agree to perform any and all obligations and duties of Assignor as “landlord” under the Lease first arising from and after the date hereof. This Assignment shall inure to the benefit of, and be binding upon, the respective legal representatives, successors and assigns of the parties hereto. This Assignment shall be governed by, and construed under, the laws of the State of Ohio. The parties hereto agree that this Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute a fully-executed and binding original instrument. Signatures delivered by PDF or DocuSign (or other reputable electronic platform) shall be sufficient to bind the parties hereto. [remainder of page intentionally left blank; signatures to follow] 26 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ASSIGNOR: MOORE ROAD, LLC, an Ohio limited liability company By: Name: Title: STATE OF __________ § § COUNTY OF _________ § BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named MOORE ROAD, LLC, an Ohio limited liability company, by ______________, its __________, who acknowledged that: (i) he/she did sign the foregoing instrument for and on behalf of the company, being thereunto duly authorized; (ii) he/she understands the document and the consequences of executing the document by signing it; and (iii) the same is his/her free act and deed individually and as such __________ and the free act and deed of the company. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at ___________, __________, this _____ day of ________ 2026. Notary Public My commission expires: ________________________ 27 ASSIGNEE: , a By: Name: Title: STATE OF __________ § § COUNTY OF _________ § BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named _______________________, a/n ____________, by ______________, its __________, who acknowledged that: (i) he/she did sign the foregoing instrument for and on behalf of the company, being thereunto duly authorized; (ii) he/she understands the document and the consequences of executing the document by signing it; and (iii) the same is his/her free act and deed individually and as such __________ and the free act and deed of the company. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at ___________, __________, this _____ day of ________ 2026. Notary Public My commission expires: ________________________ ORDINANCE NO. 26-21 INTRODUCED BY: Mr. Smith AN ORDINANCE AMENDING ORDINANCE NO. 25-193, APPROPRIATIONS FOR FISCAL YEAR 2026, AND DECLARING EMERGENCY. WHEREAS, certain funds in the amount appropriated in Ordinance No. 25-193 do not meet the estimated operational expenses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That, to provide for the anticipated expenses of the City for fiscal year 2026, commencing on January 1, 2026, the appropriations detailed in Exhibit A are hereby authorized and approved as of that effective date, and Ordinance No. 25-193 is hereby amended accordingly. Section No. 2: That it is found and determined that all formal actions of Council relating to the passage of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of establishing a provision of funds for the expenditures of fiscal year 2026, in order to maintain the efficient operation of the City and to preserve the health, safety, and welfare of the citizens of Avon Lake. Therefore, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor. 1st reading: 03/09/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor Budget Amended Amendments Budget 1,610.00 5,293,206.00 .00 490,804.00 .00 17,000.00 .00 166,131.00 $1,610.00 $5,967,141.00 .00 .00 .00 .00 $0.00 $0.00 .00 4,351,452.00 1,200.00 299,867.00 $1,200.00 $4,651,319.00 .00 372,085.00 .00 376,100.00 $0.00 $748,185.00 1,000.00 3,774,165.00 .00 1,281,306.00 .00 .00 $1,000.00 $5,055,471.00 .00 613,288.00 .00 40,464.00 .00 3,000.00 $0.00 $656,752.00 .00 .00 .00 .00 $0.00 $0.00 .00 379,789.00 .00 18,189.00 $0.00 $397,978.00 .00 189,270.00 .00 104,500.00 $0.00 $293,770.00 Department 103 - Community Development Salaries & Wages & Benefits 189,270.00 Operating Expenses 104,500.00 Department 101 - Human Resources Totals $293,770.00 Operating Expenses 18,189.00 Department 100 - Mayor Totals $397,978.00 Department 101 - Human Resources Department 070 - Environmental Affairs Totals $0.00 Department 100 - Mayor Salaries & Wages & Benefits 379,789.00 Department 070 - Environmental Affairs Salaries & Wages & Benefits .00 Operating Expenses .00 Operating Expenses 40,464.00 Capital Expenses 3,000.00 Department 060 - Building Totals $656,752.00 Department 054 - Public Works Totals $5,054,471.00 Department 060 - Building Salaries & Wages & Benefits 613,288.00 Salaries & Wages & Benefits 3,773,165.00 Operating Expenses 1,281,306.00 Capital Expenses .00 Operating Expenses 376,100.00 Department 050 - Engineering Totals $748,185.00 Department 054 - Public Works Department 031 - Fire Totals $4,650,119.00 Department 050 - Engineering Salaries & Wages & Benefits 372,085.00 Department 031 - Fire Salaries & Wages & Benefits 4,351,452.00 Operating Expenses 298,667.00 .00 Operating Expenses .00 Department 024 - Recreation Totals $0.00 Fund 101 - General Fund EXPENSE Department 010 - Police Salaries & Wages & Benefits 5,291,596.00 Operating Expenses 490,804.00 Capital Expenses 17,000.00 Transfers 166,131.00 Department 010 - Police Totals $5,965,531.00 Department 024 - Recreation Salaries & Wages & Benefits EXHIBIT A MARCH 23, 2026 Adopted Classification Budget Page 1 EXHIBIT A MARCH 23, 2026 .00 551,091.00 .00 207,200.00 $0.00 $758,291.00 .00 533,695.00 .00 458,368.00 $0.00 $992,063.00 .00 911,000.00 .00 1,299,446.00 $0.00 $2,210,446.00 .00 224,730.00 .00 116,496.00 .00 .00 $0.00 $341,226.00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 .00 335,484.00 .00 46,928.00 .00 7,500.00 $0.00 $389,912.00 .00 821,449.00 .00 104,933.00 .00 6,000.00 $0.00 $932,382.00 .00 9,128.00 .00 41,596.00 $0.00 $50,724.00 $3,810.00 $23,445,660.00 $3,810.00 $23,445,660.00 1,100.00 1,184,705.00 273,500.00 793,175.00 .00 .00 $274,600.00 $1,977,880.00 $274,600.00 $1,977,880.00 EXPENSE TOTALS $23,441,850.00 Fund 101 - General Fund Totals $23,441,850.00 Salaries & Wages & Benefits 9,128.00 Operating Expenses 41,596.00 Department 160 - Civil Service Totals $50,724.00 Capital Expenses 6,000.00 Department 150 - Court Totals $932,382.00 Department 160 - Civil Service Department 150 - Court Salaries & Wages & Benefits 821,449.00 Operating Expenses 104,933.00 Operating Expenses 46,928.00 Capital Expenses 7,500.00 Department 140 - Council Totals $389,912.00 Department 135 - Planning & Zoning Totals $0.00 Department 140 - Council Salaries & Wages & Benefits 335,484.00 Salaries & Wages & Benefits .00 Operating Expenses .00 Capital Expenses .00 Capital Expenses .00 Department 130 - Law Totals $341,226.00 Department 135 - Planning & Zoning Department 130 - Law Salaries & Wages & Benefits 224,730.00 Operating Expenses 116,496.00 Operating Expenses 911,000.00 Transfers 1,299,446.00 Department 120 - General Government Totals $2,210,446.00 Operating Expenses 458,368.00 Department 110 - Finance Totals $992,063.00 Department 120 - General Government Department 103 - Community Development Totals $758,291.00 Department 110 - Finance Salaries & Wages & Benefits 533,695.00 Salaries & Wages & Benefits 551,091.00 Operating Expenses 207,200.00 Fund 202 - Streets CMR Totals $1,703,280.00 Fund 203 - State Highway Fund Operating Expenses 519,675.00 Capital Expenses .00 EXPENSE TOTALS $1,703,280.00 Fund 202 - Streets CMR EXPENSE Salaries & Wages & Benefits 1,183,605.00 Page 2 EXHIBIT A MARCH 23, 2026 .00 225,000.00 .00 75,000.00 $0.00 $300,000.00 $0.00 $300,000.00 .00 18,539,348.00 $0.00 $18,539,348.00 $0.00 $18,539,348.00 .00 12,700.00 .00 .00 .00 .00 $0.00 $12,700.00 $0.00 $12,700.00 1,900.00 1,793,529.00 .00 209,792.00 .00 .00 30,000.00 74,538.00 .00 .00 $31,900.00 $2,077,859.00 $31,900.00 $2,077,859.00 .00 .00 4,230,939.70 10,205,661.70 .00 .00 $4,230,939.70 $10,205,661.70 $4,230,939.70 $10,205,661.70 .00 69,000.00 $0.00 $69,000.00 $0.00 $69,000.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 Fund 210 - Communication Technology EXPENSE Operating Expenses .00 EXPENSE TOTALS $0.00 Fund 209 - Dial A Bus Fund Totals $0.00 Fund 208 - Office On Aging Totals $69,000.00 Fund 209 - Dial A Bus Fund EXPENSE Salaries & Wages & Benefits .00 Fund 208 - Office On Aging EXPENSE Operating Expenses 69,000.00 EXPENSE TOTALS $69,000.00 Transfers .00 EXPENSE TOTALS $5,974,722.00 Fund 207 - Income Tax Capital Improvement Totals $5,974,722.00 Fund 207 - Income Tax Capital Improvement EXPENSE Operating Expenses .00 Capital Expenses 5,974,722.00 Transfers .00 EXPENSE TOTALS $2,045,959.00 Fund 206 - Paramedic Fund Totals $2,045,959.00 Operating Expenses 209,792.00 Debt Expenses .00 Capital Expenses 44,538.00 Fund 205 - Improvement Fund Totals $12,700.00 Fund 206 - Paramedic Fund EXPENSE Salaries & Wages & Benefits 1,791,629.00 Capital Expenses .00 Transfers .00 EXPENSE TOTALS $12,700.00 Fund 204 - Income Tax Transfer Totals $18,539,348.00 Fund 205 - Improvement Fund EXPENSE Operating Expenses 12,700.00 Fund 204 - Income Tax Transfer EXPENSE Transfers 18,539,348.00 EXPENSE TOTALS $18,539,348.00 Capital Expenses 75,000.00 EXPENSE TOTALS $300,000.00 Fund 203 - State Highway Fund Totals $300,000.00 EXPENSE Operating Expenses 225,000.00 Page 3 EXHIBIT A MARCH 23, 2026 .00 363,082.00 .00 836,519.00 .00 11,000.00 .00 .00 $0.00 $1,210,601.00 $0.00 $1,210,601.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 92,500.00 $0.00 $92,500.00 $0.00 $92,500.00 .00 332,262.00 $0.00 $332,262.00 $0.00 $332,262.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 Fund 219 - Opioid Settlement Fund EXPENSE Transfers .00 EXPENSE TOTALS $0.00 Fund 218 - American Rescue Plan Act Fund Totals $0.00 EXPENSE Operating Expenses .00 Capital Expenses .00 EXPENSE TOTALS $0.00 Fund 217 - Local Coronavirus Relief Fund Totals $0.00 Fund 218 - American Rescue Plan Act Fund EXPENSE Salaries & Wages & Benefits .00 Operating Expenses .00 EXPENSE TOTALS $332,262.00 Fund 216 - COPS Fast Fund Totals $332,262.00 Fund 217 - Local Coronavirus Relief Fund Fund 215 - Municipal Court Computer Fund Totals $92,500.00 Fund 216 - COPS Fast Fund EXPENSE Salaries & Wages & Benefits 332,262.00 EXPENSE Operating Expenses 92,500.00 EXPENSE TOTALS $92,500.00 EXPENSE TOTALS $0.00 Fund 214 - Court IDAT Treatment Fund Totals $0.00 Fund 215 - Municipal Court Computer Fund Fund 213 - Law Enforcement Education Totals $0.00 Fund 214 - Court IDAT Treatment Fund EXPENSE Operating Expenses .00 EXPENSE Operating Expenses .00 EXPENSE TOTALS $0.00 EXPENSE TOTALS $0.00 Fund 212 - Law Enforcement Trust Fund Totals $0.00 Fund 213 - Law Enforcement Education Fund 210 - Communication Technology Totals $1,210,601.00 Fund 212 - Law Enforcement Trust Fund EXPENSE Operating Expenses .00 Capital Expenses 11,000.00 Transfers .00 EXPENSE TOTALS $1,210,601.00 Salaries & Wages & Benefits 363,082.00 Operating Expenses 836,519.00 Page 4 EXHIBIT A MARCH 23, 2026 .00 25,000.00 $0.00 $25,000.00 $0.00 $25,000.00 .00 .00 $0.00 $0.00 $0.00 $0.00 57,500.00 157,500.00 .00 .00 $57,500.00 $157,500.00 $57,500.00 $157,500.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 5,000.00 $0.00 $5,000.00 $0.00 $5,000.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 30,000.00 $0.00 $30,000.00 $0.00 $30,000.00 .00 .00 .00 25,000.00 $0.00 $25,000.00 EXPENSE TOTALS $25,000.00 EXPENSE Salaries & Wages & Benefits .00 Operating Expenses 25,000.00 EXPENSE TOTALS $30,000.00 Fund 235 - Consulting Professional Training Totals $30,000.00 Fund 236 - ALMunicipal Court Security Fund Fund 232 - Street Tree Fund Totals $0.00 Fund 235 - Consulting Professional Training EXPENSE Operating Expenses 30,000.00 Fund 232 - Street Tree Fund EXPENSE Operating Expenses .00 EXPENSE TOTALS $0.00 Transfers .00 EXPENSE TOTALS $0.00 Fund 231 - Employee Sick Time Buy Back Fund Totals $0.00 Fund 230 - Board of Building Standards Totals $5,000.00 Fund 231 - Employee Sick Time Buy Back Fund EXPENSE Salaries & Wages & Benefits .00 EXPENSE Operating Expenses 5,000.00 EXPENSE TOTALS $5,000.00 EXPENSE TOTALS $0.00 Fund 227 - Safety Services Communications Totals $0.00 Fund 230 - Board of Building Standards EXPENSE Capital Expenses .00 Transfers .00 EXPENSE TOTALS $100,000.00 Fund 226 - Economic Development Fund Totals $100,000.00 Fund 227 - Safety Services Communications EXPENSE Operating Expenses 100,000.00 Capital Expenses .00 EXPENSE TOTALS $0.00 Fund 224 - AL Public Arts Fund Totals $0.00 Fund 226 - Economic Development Fund Fund 219 - Opioid Settlement Fund Totals $25,000.00 Fund 224 - AL Public Arts Fund EXPENSE Operating Expenses .00 Operating Expenses 25,000.00 EXPENSE TOTALS $25,000.00 Page 5 EXHIBIT A MARCH 23, 2026 $0.00 $25,000.00 .00 12,000.00 .00 .00 $0.00 $12,000.00 $0.00 $12,000.00 .00 1,500.00 $0.00 $1,500.00 $0.00 $1,500.00 .00 1,500.00 .00 .00 $0.00 $1,500.00 $0.00 $1,500.00 .00 1,150,382.00 37,830.00 825,944.00 4,291.00 4,291.00 .00 .00 $42,121.00 $1,980,617.00 $42,121.00 $1,980,617.00 .00 1,000.00 .00 .00 $0.00 $1,000.00 $0.00 $1,000.00 .00 5,000.00 .00 2,628,348.00 .00 .00 $0.00 $2,633,348.00 $0.00 $2,633,348.00 .00 4,700.00 .00 338,500.00 $0.00 $343,200.00 $0.00 $343,200.00 EXPENSE TOTALS $343,200.00 Fund 302 - GO Bond Retirement (Voted) Totals $343,200.00 Fund 417 - OCP Fire/Police/Court Facility Fund 302 - GO Bond Retirement (Voted) EXPENSE Operating Expenses 4,700.00 Debt Expenses 338,500.00 Transfers .00 EXPENSE TOTALS $2,633,348.00 Fund 301 - General Bond Retirement Totals $2,633,348.00 Fund 301 - General Bond Retirement EXPENSE Operating Expenses 5,000.00 Debt Expenses 2,628,348.00 Capital Expenses .00 EXPENSE TOTALS $1,000.00 Fund 241 - Legal Research & Court Computer Totals $1,000.00 Fund 240 - Recreation Fund Totals $1,938,496.00 Fund 241 - Legal Research & Court Computer EXPENSE Operating Expenses 1,000.00 Capital Expenses .00 Transfers .00 EXPENSE TOTALS $1,938,496.00 Fund 240 - Recreation Fund EXPENSE Salaries & Wages & Benefits 1,150,382.00 Operating Expenses 788,114.00 Capital Expenses .00 EXPENSE TOTALS $1,500.00 Fund 239 - Court Special Projects Fund Totals $1,500.00 Fund 238 - Court Probation Services Fund Totals $1,500.00 Fund 239 - Court Special Projects Fund EXPENSE Operating Expenses 1,500.00 EXPENSE Operating Expenses 1,500.00 EXPENSE TOTALS $1,500.00 EXPENSE TOTALS $12,000.00 Fund 237 - Court IDIAM Monitoring Fund Totals $12,000.00 Fund 238 - Court Probation Services Fund EXPENSE Operating Expenses 12,000.00 Transfers .00 Fund 236 - ALMunicipal Court Security Fund Totals $25,000.00 Fund 237 - Court IDIAM Monitoring Fund Page 6 EXHIBIT A MARCH 23, 2026 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 .00 24,100.00 $0.00 $24,100.00 $0.00 $24,100.00 .00 500.00 .00 .00 $0.00 $500.00 $0.00 $500.00 .00 1,100.00 .00 .00 $0.00 $1,100.00 $0.00 $1,100.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 .00 .00 EXPENSE Operating Expenses .00 Capital Expenses .00 EXPENSE TOTALS $0.00 Fund 522 - SA Titus Pitts Hill Ditch Totals $0.00 Fund 525 - Sidewalk Improvement Fund EXPENSE Operating Expenses .00 Transfers .00 EXPENSE TOTALS $1,100.00 Fund 521 - SA Lear Rd/Walker Rd South Totals $1,100.00 Fund 522 - SA Titus Pitts Hill Ditch EXPENSE Operating Expenses 1,100.00 Debt Expenses .00 EXPENSE TOTALS $500.00 Fund 520 - SA Walker Road/Lear Rd East Totals $500.00 Fund 521 - SA Lear Rd/Walker Rd South EXPENSE Operating Expenses 500.00 Debt Expenses .00 EXPENSE TOTALS $24,100.00 Fund 501 - Special Assessment Bond Retire Totals $24,100.00 Fund 520 - SA Walker Road/Lear Rd East EXPENSE Operating Expenses .00 Debt Expenses 24,100.00 EXPENSE TOTALS $0.00 Fund 480 - Fairfield/Brookfield Improvement Totals $0.00 Fund 501 - Special Assessment Bond Retire Fund 480 - Fairfield/Brookfield Improvement EXPENSE Capital Expenses .00 Transfers .00 Transfers .00 EXPENSE TOTALS $0.00 Fund 446 - ALPS Playground Fund Totals $0.00 EXPENSE Operating Expenses .00 Capital Expenses .00 EXPENSE TOTALS $0.00 Fund 417 - OCP Fire/Police/Court Facility Totals $0.00 Fund 446 - ALPS Playground Fund EXPENSE Operating Expenses .00 Capital Expenses .00 Page 7 EXHIBIT A MARCH 23, 2026 $0.00 $0.00 $0.00 $0.00 .00 550.00 .00 .00 $0.00 $550.00 $0.00 $550.00 10,790.00 459,867.00 .00 7,300.00 $10,790.00 $467,167.00 $10,790.00 $467,167.00 10,790.00 459,867.00 .00 7,300.00 $10,790.00 $467,167.00 $10,790.00 $467,167.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 .00 .00 20,500.00 $0.00 $20,500.00 $0.00 $20,500.00 .00 2,278,385.00 .00 4,486,842.00 1,250,000.00 2,422,000.00 .00 2,952,900.00 $1,250,000.00 $12,140,127.00 $1,250,000.00 $12,140,127.00 Fund 701 - Water Fund Totals $10,890,127.00 Fund 702 - West Ridge Interconnect Capital Expenses 1,172,000.00 Transfers 2,952,900.00 EXPENSE TOTALS $10,890,127.00 Fund 701 - Water Fund EXPENSE Salaries & Wages & Benefits 2,278,385.00 Operating Expenses 4,486,842.00 Transfers 20,500.00 EXPENSE TOTALS $20,500.00 Fund 612 - Unclaimed Funds Totals $20,500.00 Fund 611 - Deposit Trust Totals $0.00 Fund 612 - Unclaimed Funds EXPENSE Operating Expenses .00 EXPENSE Operating Expenses .00 EXPENSE TOTALS $0.00 EXPENSE TOTALS $0.00 Fund 603 - Recreation Trust Totals $0.00 Fund 611 - Deposit Trust EXPENSE Operating Expenses .00 Capital Expenses .00 EXPENSE TOTALS $456,377.00 Fund 602 - Fire Pension Fund Totals $456,377.00 Fund 603 - Recreation Trust EXPENSE Salaries & Wages & Benefits 449,077.00 Operating Expenses 7,300.00 EXPENSE TOTALS $456,377.00 Fund 601 - Police Pension Fund Totals $456,377.00 Fund 602 - Fire Pension Fund EXPENSE Salaries & Wages & Benefits 449,077.00 Operating Expenses 7,300.00 EXPENSE TOTALS $550.00 Fund 527 - Cove Avenue Improvements Totals $550.00 Fund 601 - Police Pension Fund EXPENSE Operating Expenses 550.00 Transfers .00 EXPENSE TOTALS $0.00 Fund 525 - Sidewalk Improvement Fund Totals $0.00 Fund 527 - Cove Avenue Improvements Page 8 EXHIBIT A MARCH 23, 2026 .00 16,500.00 .00 47,420.00 .00 .00 $0.00 $63,920.00 $0.00 $63,920.00 .00 2,855,735.00 .00 .00 .00 .00 $0.00 $2,855,735.00 $0.00 $2,855,735.00 .00 .00 .00 33,856,274.00 .00 .00 $0.00 $33,856,274.00 $0.00 $33,856,274.00 .00 .00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 500.00 .00 2,830,260.00 .00 .00 $0.00 $2,830,760.00 $0.00 $2,830,760.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 1,750,000.00 $0.00 $1,750,000.00 $0.00 $1,750,000.00 .00 1,986,895.00 EXPENSE Salaries & Wages & Benefits 1,986,895.00 EXPENSE TOTALS $1,750,000.00 Fund 710 - Water Impact Fee Totals $1,750,000.00 Fund 721 - WasteWater Fund Fund 707 - Water Debt Service Reserve Fund Totals $0.00 Fund 710 - Water Impact Fee EXPENSE Transfers 1,750,000.00 Fund 707 - Water Debt Service Reserve Fund EXPENSE Transfers .00 EXPENSE TOTALS $0.00 Transfers .00 EXPENSE TOTALS $2,830,760.00 Fund 706 - Water Debt Service Totals $2,830,760.00 Fund 706 - Water Debt Service EXPENSE Operating Expenses 500.00 Debt Expenses 2,830,260.00 Transfers .00 EXPENSE TOTALS $0.00 Fund 705 - Water Surplus Fund Totals $0.00 Fund 704 - Waterworks Construction Fund Totals $33,856,274.00 Fund 705 - Water Surplus Fund EXPENSE Capital Expenses .00 Capital Expenses 33,856,274.00 Transfers .00 EXPENSE TOTALS $33,856,274.00 Fund 703 - ELT1 Fund Totals $2,855,735.00 Fund 704 - Waterworks Construction Fund EXPENSE Debt Expenses .00 Capital Expenses .00 Transfers .00 EXPENSE TOTALS $2,855,735.00 Fund 702 - West Ridge Interconnect Totals $63,920.00 Fund 703 - ELT1 Fund EXPENSE Operating Expenses 2,855,735.00 Debt Expenses 47,420.00 Transfers .00 EXPENSE TOTALS $63,920.00 EXPENSE Operating Expenses 16,500.00 Page 9 EXHIBIT A MARCH 23, 2026 .00 2,380,101.00 .00 180,000.00 .00 1,630,580.00 $0.00 $6,177,576.00 $0.00 $6,177,576.00 .00 1,939,638.00 .00 785,183.00 .00 615,000.00 .00 1,602,000.00 $0.00 $4,941,821.00 $0.00 $4,941,821.00 .00 1,813,584.00 .00 2,015,763.00 1,250,000.00 1,969,600.00 .00 956,536.00 $1,250,000.00 $6,755,483.00 $1,250,000.00 $6,755,483.00 .00 .00 .00 5,900,000.00 .00 .00 $0.00 $5,900,000.00 $0.00 $5,900,000.00 .00 .00 .00 .00 .00 2,028,955.00 $0.00 $2,028,955.00 $0.00 $2,028,955.00 .00 500.00 .00 4,780,200.00 .00 .00 $0.00 $4,780,700.00 $0.00 $4,780,700.00 .00 .00 $0.00 $0.00 EXPENSE TOTALS $0.00 Fund 727 - WasteWater Debt Service Fund Totals $4,780,700.00 Fund 728 - WasteWater Repl Reserve Fund EXPENSE Transfers .00 Debt Expenses 4,780,200.00 Transfers .00 EXPENSE TOTALS $4,780,700.00 Fund 725 - Trunk Wastewater Fund Totals $2,028,955.00 Fund 727 - WasteWater Debt Service Fund EXPENSE Operating Expenses 500.00 Debt Expenses .00 Transfers 2,028,955.00 EXPENSE TOTALS $2,028,955.00 Fund 724 - WasteWater Construction Fund Totals $5,900,000.00 Fund 725 - Trunk Wastewater Fund EXPENSE Operating Expenses .00 Capital Expenses 5,900,000.00 Transfers .00 EXPENSE TOTALS $5,900,000.00 Fund 723 - Water Distribution Fund Totals $5,505,483.00 Fund 724 - WasteWater Construction Fund EXPENSE Operating Expenses .00 Capital Expenses 719,600.00 Transfers 956,536.00 EXPENSE TOTALS $5,505,483.00 EXPENSE Salaries & Wages & Benefits 1,813,584.00 Operating Expenses 2,015,763.00 EXPENSE TOTALS $4,941,821.00 Fund 722 - Sewer Collection Fund Totals $4,941,821.00 Fund 723 - Water Distribution Fund Operating Expenses 785,183.00 Capital Expenses 615,000.00 Transfers 1,602,000.00 Fund 721 - WasteWater Fund Totals $6,177,576.00 Fund 722 - Sewer Collection Fund EXPENSE Salaries & Wages & Benefits 1,939,638.00 Capital Expenses 180,000.00 Transfers 1,630,580.00 EXPENSE TOTALS $6,177,576.00 Operating Expenses 2,380,101.00 Page 10 EXHIBIT A MARCH 23, 2026 $0.00 $0.00 .00 .00 .00 266,000.00 .00 16,210.00 .00 25,000.00 .00 1,791,294.00 $0.00 $2,098,504.00 $0.00 $2,098,504.00 .00 .00 $0.00 $0.00 $0.00 $0.00 .00 6,730,000.00 .00 .00 .00 103,000.00 $0.00 $6,833,000.00 $0.00 $6,833,000.00 (118,165.00) .00 .00 .00 118,165.00 118,165.00 $0.00 $118,165.00 $0.00 $118,165.00 .00 7,000.00 $0.00 $7,000.00 $0.00 $7,000.00 Grand Totals $7,162,450.70 $157,598,240.70 $150,435,790.00 EXPENSE TOTALS $7,000.00 Fund 801 - Court Transfer Fund Totals $7,000.00 Fund 765 - Lateral Loan Fund Totals $118,165.00 Fund 801 - Court Transfer Fund EXPENSE Operating Expenses 7,000.00 Debt Expenses .00 Transfers .00 EXPENSE TOTALS $118,165.00 Fund 762 - ELT2 Fund Totals $6,833,000.00 Fund 765 - Lateral Loan Fund EXPENSE Operating Expenses 118,165.00 Capital Expenses .00 Transfers 103,000.00 EXPENSE TOTALS $6,833,000.00 Fund 761 - WWC Eastern Trans Line 2 Fund Totals $0.00 Fund 762 - ELT2 Fund EXPENSE Operating Expenses 6,730,000.00 EXPENSE Capital Expenses .00 EXPENSE TOTALS $0.00 EXPENSE TOTALS $2,098,504.00 Fund 749 - LORCO Custodial Account Fund Totals $2,098,504.00 Fund 761 - WWC Eastern Trans Line 2 Fund Debt Expenses 16,210.00 Capital Expenses 25,000.00 Transfers 1,791,294.00 EXPENSE Salaries & Wages & Benefits .00 Operating Expenses 266,000.00 Fund 728 - WasteWater Repl Reserve Fund Totals $0.00 Fund 749 - LORCO Custodial Account Fund Page 11 Budget Amendment Detail - Ord. # 26-XX Budget Transfers From Amount To Description Budget Adjustments Amount To Description 1,200.00 101.031.000.53705 AED communication budget - 10 months. 1,610.00 101.010.000-52201 Workers Comp adjustment. 1,000.00 101.054.000-52201 Workers Comp adjustment. 1,100.00 202.054.000-52201 Workers Comp adjustment. 165,000.00 202.054.000-53611 2026 Pavement Marking program. 108,500.00 202.054.000-53611 Emergency order for 500 ton of salt. 1,900.00 206.032.000-52201 Workers Comp adjustment. 30,000.00 206.032.000.53804 Budget miscellaneous equipment for paramedic. 150,000.00 207.024.000-55003 Community Center improvements. 2,580.00 207.054.000-55003 Lake House control panel increase. 1,010,405.23 207.054.000-55004 2025 Water Bundle Proj 11419- roads. 3,000,744.47 207.054.000-55005 2025 Water Bundle Proj 11419 - storm / culvert. 67,210.00 207.054.000-55004 Re-appropriate 2025 voided sidewalk parcel checks. 57,500.00 226.103.000-53701 LEPF Grant - for West End park study. 20,000.00 240.024.000-53612.100 Recreation - maintenance, operating supplies increase. 20,000.00 240.024.000-53703 Recreation - utilities increase. 2,121.00 240.024.000-53804 Recreation - copier lease buyout. 38,019.00 301.110.000-54907 OWDA loan principal reclass. (38,019.00) 301.110.000-54908 OWDA loan interest reclass. 10,790.00 601.110.000-52210 Police pension increase - property tax adjustment. 10,790.00 602.110.000-52211 Fire pension increase - property tax adjustment. 1,250,000.00 701.180.000-55008 ALRW purchase of Moore Rd. 1,250,000.00 723.180.000-55008 ALRW purchase of Moore Rd. (118,165.00) 765.190.000.53908 ALRW lateral fund loan reclassification 118,165.00 765.190.000.59712 ALRW lateral fund loan reclassification 7,162,450.70 Net Budgetary Change - all funds Budget Adjustments - Mar 2026 ORDINANCE NO. 26-22 INTRODUCED BY: Mr. Kos AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION 474.01 CODE APPLICATION TO BICYCLES AND ELECTRIC BICYCLES AND DECLARING AN EMERGENCY. WHEREAS, the Police Chief and the Public Safety and Health Committee have recommended amending Code of Ordinances Section 474.01; and WHEREAS, Council, coming now to consider said recommendation, approves it in full. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Code of Ordinances Section 474.01 is hereby amended as follows: § 474.01 CODE APPLICATION TO BICYCLES AND ELECTRIC BICYCLES. (a) The provisions of this title that are applicable to bicycles and electric bicycles apply whenever a bicycle or electric bicycle is operated upon any roadways or upon any path set aside for the exclusive use of bicycles or electric bicycles. (b) Except as provided in division (d) of this section, a bicycle operator or electric bicycle operator who violates any provisions of this title described in division (a) of this section that is applicable to bicycles or electric bicycles may be issued a ticket, citation, or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation. A person who commits any such violation while operating a bicycle or electric bicycle shall not have any points assessed against the person’s driver’s license, commercial driver’s license, temporary instruction permit, or probationary license under R.C. § 4510.036. (c) Except as provided in division (d) of this section, in the case of a violation of any provision of this title described in division (a) of this section by a bicycle operator, electric bicycle operator, or motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle riders or electric bicycle riders at the time of the violation, the court, notwithstanding any provision of the Ohio Revised Code to the contrary, may require the bicycle operator, electric bicycle operator, or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by this Traffic Code or the Ohio Revised Code for that violation. (d) Divisions (b) and (c) of this section do not apply to violations of R.C. § 4511.19, or a substantially equivalent municipal ordinance. ORDINANCE NO. 26-22 Page | 2 (e) Every person operating a bicycle or electric bicycle shall obey the instructions of official traffic-control devices and signals applicable to vehicles, unless otherwise directed by a police officer. (f) No person who is under eighteen years of age shall operate or be a passenger on a class 1, class 2, or class 3 electric bicycle unless the person is wearing a protective helmet that meets the standards established by the United States Consumer Product Safety Commission or the American Society for Testing and Materials. Section No. 2: That it is found and determined that all formal actions of Council relating to the adoption of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance is hereby declared to be an emergency measure, the emergency being the immediate preservation of the public health, safety, and welfare of the public. Therefore, this Ordinance shall be in full force and effect from and immediately after passage and approval by the Mayor. 1st reading: 03/09/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor ORDINANCE NO. 26-31 INTRODUCED BY: Mr. Kos AN ORDINANCE ALLOWING BEER AND WINE TO BE SOLD, SERVED, DISPENSED, AND CONSUMED FOR ONE DAY AT SUMMERFEST, TO BE HELD AT MILLER ROAD PARK ON JUNE 20, 2026, AND DECLARING AN EMERGENCY. WHEREAS, Subsection 1070.02(i)(1) of the Code of Ordinances of the City prohibits the sale of intoxicating liquor in any park; and WHEREAS, the Friends of the Park in Avon Lake, Inc., have requested to hold Summerfest at Miller Road Park on June 20, 2026; and WHEREAS, to permit alcohol to be consumed at Summerfest, Council must adopt an ordinance creating a one-time exception to the prohibition of Subsection 1070.02(i)(1) of Avon Lake Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That, notwithstanding the prohibition set forth in Subsection 1070.02(i)(1) of the Code of Ordinances of the City of Avon Lake, the Friends of the Park in Avon Lake, Inc., shall be permitted to sell, serve, and allow the consumption of beer and wine at Summerfest, to be held at Miller Road Park on June 20, 2026. Section No. 2: That, provided the necessary State of Ohio liquor permits are obtained, beer and wine may be sold, served, distributed, and consumed at Summerfest, to be held at Miller Road Park on June 20, 2026. Section No. 3: That nothing in this Ordinance shall be construed to modify or repeal the prohibition set forth in Subsection 1070.02(i)(1) of the Code of Ordinances of the City of Avon Lake regarding the presence of intoxicating liquor or intoxicated persons at any park, beach, park building, or recreational area (including, but not limited to, the Folger Home, the Lake House, and the Peter Miller House). Furthermore, this Ordinance shall not permit the sale, service, distribution, or consumption of beer, wine, or any other intoxicating liquor at Miller Road Park on any date other than that specifically authorized in Section Nos. 1 and 2 of this Ordinance. Section No. 4: That it is found and determined that all formal actions of Council relating to the adoption of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. ORDINANCE NO. 26-31 Page | 2 Section No. 5: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity to file the necessary paperwork in a timely manner to permit alcohol to be consumed at Summerfest, thus for the public welfare. Therefore, this Ordinance shall be in full force and effect from and immediately after its passage and approval by the Mayor. 1st reading: 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor ORDINANCE NO. 26-32 INTRODUCED BY: Mr. Smith AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH JEREMY BETSA AND DECLARING AN EMERGENCY. WHEREAS, Jeremy Betsa, former Fire Chief for the City of Avon Lake, has been the subject of disciplinary matters with the City of Avon Lake, which resulted in litigation. WHEREAS, Jeremy Betsa and the City of Avon Lake have agreed to a settlement that is acceptable to all parties; which resolves the actions in the United States District Court, the Lorain Court of Common Pleas, the Equal Employee Opportunity Commission (EEOC), the Ohio Civil Rights Commission (OCRC), the Ohio State Employment Relations Board (SERB), the Appeal with the Avon Lake Civil Service Commission, and any and all claims filed or not. WHEREAS, in consideration as part of the settlement, the Parties hereby agree to waive, release, and forever discharge any and all claims or actions as set forth in the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Council hereby authorizes the Mayor to enter into a Settlement Agreement on behalf of the City pursuant to its terms and conditions contained in the Settlement Agreement, a copy of which is on file with the City. Section No. 2: That Council hereby authorizes the Finance Director to make payment as set forth in the Settlement Agreement in the gross amount of $125,000, which consists of $30,000 accumulated sick time, and $95,000, as further consideration for the full and final Settlement of any and all claims related to his employment with the City of Avon Lake. Section No. 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees which resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 4: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity to finalize a Settlement Agreement, thus for the preservation of the health, safety, and welfare of the residents of Avon Lake. Therefore, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor. ORDINANCE NO. 26-32 Page | 2 PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor