Regular Meeting Agenda

VOTING ORDER D. Kos M. Reynolds R. Shahmir G. Smith J. Fenderbosch A. Gentry K. Goodwin 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 April 27, 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: April 13, 2026, Council Meeting. Correspondence Public Hearings 1. Upon the Planning and Zoning Code Text Amendments to enact Avon Lake Code of Ordinances Chapter 1219: Lakefront Mixed-Use Overlay District. 2. Upon the proposed rezoning of a 43.23-acre parcel owned by Avon Lake Redevelopment Group, LLC, located at 33570 Lake Road, and designated by the County Auditor as PPN 04-00-006-101-085, PPN 04-00-006-101-023 (Parcel 6), and PPN 04-00-006-101-022 (Parcel 7) from General Industrial (I-2) District and Single-Family Residence (R-1A) District to Special Commerce District (B-3). 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)]

Page | 2 Reports Mayor Council President Law Director Finance Director Public Works Director Standing Committees Special Committees Motion Designating Valerie Rosmarin as the Council Representative for public records training. Sponsor: G. Smith. Legislation Third Reading: 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 Second Readings: Ordinance No. 26-33, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT FOR LORAIN COUNTY PERMANENT PARCEL NO. 04-00-005-000- 107, LOCATED AT MOORE ROAD, AVON LAKE, OHIO, FROM SCHIBLEY SOLVENTS & CHEMICALS CO., INC., AND DECLARING AN EMERGENCY. →Sponsor: G. Smith Ordinance No. 26-34, AN ORDINANCE ALLOWING BEER TO BE SOLD, SERVED, DISPENSED, AND CONSUMED FOR ONE DAY FOR AVON LAKE’S BIRTHDAY PARTY FIELD GAMES CHAMPIONSHIP, TO BE HELD AT MILLER ROAD PARK ON JUNE 6, 2026, FROM 10:00 A.M. TO 3:00 P.M., AND DECLARING AN EMERGENCY. →Sponsor: D. Kos Ordinance No. 26-35, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN STRUCTUREPOINT, INC., AND DECLARING AN EMERGENCY. →Sponsor: J. Fenderbosch Ordinance No. 26-36, AN ORDINANCE ENACTING AVON LAKE CODE OF ORDINANCES CHAPTER 1219: LAKEFRONT MIXED-USE OVERLAY DISTRICT. Sponsor: M. Reynolds → Suspension of the rule requiring three readings

Page | 3 Ordinance No. 26-37, AN ORDINANCE REZONING A 43.23-ACRE SITE AT 33570 LAKE ROAD FROM GENERAL INDUSTRIAL (I-2) AND SINGLE-FAMILY RESIDENCE (R-1A) TO SPECIAL COMMERCE DISTRICT (B-3). Sponsor: M. Reynolds First Readings: Ordinance No. 26-38, AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,665,000 FOR THE PURPOSE OF PAYING COSTS OF IMPROVING STREETS BY RECONSTRUCTING, RESURFACING, GRADING, DRAINING, CURBING AND PAVING, CONSTRUCTING WATER SUPPLY, SANITARY AND DRAINAGE FACILITIES, CONSTRUCTING BRIDGE IMPROVEMENTS, AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY. →Sponsor: G. Smith Resolution No. 26-39, A RESOLUTION ACKNOWLEDGING ACCEPTANCE OF A CAPITAL IMPROVEMENT COMMUNITY PARK, RECREATION/CONSERVATION PROJECT PASS-THROUGH GRANT AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES (ODNR) AND DECLARING AN EMERGENCY. Sponsor: J. Fenderbosch Ordinance No. 26-40, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT FOR PUBLIC INVOLVEMENT AND PUBLIC EDUCATION SERVICES AND DECLARING AN EMERGENCY. → Sponsor: J. Fenderbosch Miscellaneous Business and Announcements Adjournment → Suspension of the rule requiring three readings

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., has 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 the 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: 03/23/2026 2nd reading: 04/13/2026 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

ORDINANCE NO. 26-33 INTRODUCED BY: Mr. Smith AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT FOR LORAIN COUNTY PERMANENT PARCEL NO. 04-00-005-000-107, LOCATED AT MOORE ROAD, AVON LAKE, OHIO, FROM SCHIBLEY SOLVENTS & CHEMICALS CO., INC., AND DECLARING AN EMERGENCY. WHEREAS, Schibley Solvents & Chemicals Co., Inc., is the owner of Lorain County Permanent Parcel No. 04-00-005-000-107, located at Moore Road, Avon Lake, Ohio; and WHEREAS, the City of Avon Lake, as “Buyer,” and Schibley Solvents & Chemicals Co., Inc., as “Seller,” desire to enter into a Purchase 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. 04-00-005-000-107, located at Moore Road, Avon Lake, Ohio, for the sum of seven hundred thousand dollars ($700,000), 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. 1st Reading: 04/13/2026 2nd Reading: 3rd Reading:

ORDINANCE NO. 26-33 Page | 2 PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

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 SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation (“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 Moore Rd., Avon Lake, Ohio 44012, together with all improvements, fixtures, easements and appurtenant rights and privileges (PPN: 04-00-005-000- 107, prior instrument no. 20030919103), 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 Seven Hundred Thousand and 00/100 Dollars ($700,000.00) (the “Purchase Price”) to Seller, which Purchase Price shall include an earnest money deposit (the “Deposit”) of Twenty Thousand and 00/100 Dollars ($20,000.00). 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. Unless otherwise specified 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 survey, appraisal and/or environmental reports or studies for the Real Estate. (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 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”). 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. 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”). 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 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). 5. Deed: Title; Survey. (a) Deed. At Closing, Seller shall convey marketable fee simple title to the Real Estate to Buyer by general 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 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 Ray Jupina (the “Farmer”) to use 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”) and Buyer may, at Buyer’s sole discretion, enter into a lease of the Property with the Farmer to be effective after Closing. 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) such affidavits and instruments as required by the Title Company to remove the standard exceptions from the Title Policy; 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) Onor before the Closing Date, Buyer shall deposit with the Title Company: (i) the Purchase Price; (ii) a Form DTE-100EX; (; and (iii) 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, 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 recoupments of property tax savings relating or attributable to the agricultural use of the Real Estate under Ohio’s Current Agricultural Use Value (“CAUV”) program and that are due because of a change in use of the Real Estate from its current agricultural use, whether or not such property tax savings are attributable to the period before Closing or the period after Closing, provided the change in use of the Real Estate from its current agricultural use occurs after Closing (collectively, “CAUV Recoupments”). Seller shall have no liability of any kind with respect to the CAUV Recoupments.. . 8. Closing Costs. (a) At Closing, Seller shall pay for: (i) the cost of removing or discharging any defect, lien or encumbrance required by this Agreement for conveyance of the Real Estate ; and (ii) the transfer tax, if any, for the sale of the Real Estate to Buyer. (b) At Closing, Buyer shall pay for: (i) the cost of the Title Commitment and Title Policy, plus all of the costs for any extended coverage and endorsements thereto; (ii) the cost of the Title Policy; (iii) the escrow fee; (iv) the fees for preparation and 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; (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) 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 (vii) 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 (ili) 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; (iii) | The Farm License Termination shall have been received by Seller; and (iv) 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; (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 15 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) Prior to the Closing Date, 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; (c) Seller is the fee simple owner of the Real Estate, and no other party has any claim to the Real Estate by reason of any purchase and sale agreement, option to purchase, right of first refusal, land installment contract, mortgage, or other similar agreement or instrument; and (d) There are no suits, actions or proceedings pending or, to the best of Seller’s knowledge, contemplated against or concerning the Real Estate and no governmental authority has claimed or given notice of any assessments relating to the Real Estate. 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. 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 without Buyer’s prior written consent. 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) In the event Seller’s representations and warranties shall not be true and correct in all material respects as of the date hereof and as of the Closing Date, or 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) In the event Buyer’s representations and warranties shall not be true and correct in all material respects as of the date hereof and as of the Closing Date, or 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 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. Risk of loss to the Real Estate or any part thereof shall remain with Seller until the Closing. In the event the Real Estate is damaged or destroyed by casualty prior to Closing, Buyer may terminate this Agreement by written notice..

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 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. Each party represents to the other party that neither party has dealt with a real estate broker in connection with this transaction. 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, or by email as follows: If to Buyer: Avon Lake Regional Water 201 Miller Road Avon Lake, Ohio 44012 Attn: Robert Munro rmunro@avonlakewater.org With a copy to: Seeley, Savidge, Ebert & Gourash Co., LPA 26600 Detroit Road, Suite 300 Westlake, Ohio 44145 Attn: Gary Ebert, Esq. If to Seller: Schibley Solvents & Chemicals Co., Inc.

1570 Lowell St Elyria, OH 44035 Attn: Reed Schibley rschibley@schibley.com or such other addresses as Buyer or Seller may advise each other in writing. 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 twenty-four (24) hours’ 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.. 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 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 30 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]

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 Schibley Solvents & Chemicals Co., Inc. By: By: VIA LA iibloy Name: Name: f<60 A SCH/ELEY Title: Title: PRES(0O Eur 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 Situated in the City of Avon Lake, the County of Lorain and the state of Ohio and known as being part of Original Avon Township Section No. 5, and further bounded and described as follows: Beginning at a 1° iron pipe found (0.20 feet south and 0.00 feet east) on the westerly line of Moore Road (60 feet wide) and the northerly line of land conveyed to the River West Dock, Inc on May 28, 1999 and recorded by Instrument No. 990618676 of the Lorain County Recorder's Office; Thence North 02° 08’ 00" East along the westerly line of Moore Road, 297.53 feet to a 5/8" iron pin set at the principal point of beginning of the premises herein described; Thence North 02° 08' 00" East continuing along the westerly line of Moore Road, 310.54 feet toa L" iron pipe found (0.00 feet north and 0.22 feet west) at the southerly line of land conveyed to the Geon Company on January 31, 1997 and recorded in Volume 1427, Page 193 of the Lorain County Recorder's Office; Thence North 87° 59' 00" West along the southerly line of land so conveyed, 1406.00 feet to a 5/8" iron pin set; Thence South 02° 08' 00" West, 309.10 feet to a 5/8" iron pin set; Thence South 87° 55' 30" East, 40.00 feet perpendicular and parallel to the centerline of Pin Oak Parkway (80 feet wide) extended, 1406.00 feet to the westerly line of Moore Road and the principal point of beginning and containing 10.0003 acres of land as surveyed and described by Edward B. Dudley, III, P.L.S. No. 6747 of the Riverstone Company, in February of 2003, be the same, morc or less but subject to all legal highways. Note: All 5/8"x 30" iron pins are capped: E.B. Dudley, P.S. 6747 Deed of Reference: Moore Road LLC by deed recorded in Instrument No. 19990661757 Basis of Bearings: Centerline of Moore Road being North 02° 08' 00" East as shown in Instrument No.19990661757 Prior Instrument Reference: Volume OR =, Page of the Deed Records of Lorain County.

EXHIBIT B Form of Deed

GENERAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, THAT, SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation (“Grantor”), for valuable consideration paid, grants, with general warranty covenants, to ,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.: 00-005-000-107 Property Address: Moore Road, Avon Lake, Ohio Prior Instrument References: Instrument No. 20030919103 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 and its successors and assigns 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]

EXECUTED as of this day of 202. GRANTOR: SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation By: Name: Title: STATE OF § § COUNTY OF § BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation, 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: Matthew T. Waters, Esq. Seeley, Savidge, Ebert & Gourash Co., LPA 26600 Detroit Road, Suite 300 Westlake, Ohio 44145 (216) 566-8200 (Signature Page to General Warranty Deed)

Exhibit A to General Warranty Deed Situated in the City of Avon Lake, the County of Lorain and the state of Ohio and known as being part of Original Avon Township Section No. 5, and further bounded and described as follows: Beginning at a 1° iron pipe found (0.20 feet south and 0.00 feet east) on the westerly line of Moore Road (60 feet wide) and the northerly line of land conveyed to the River West Dock, Inc on May 28, 1999 and recorded by Instrument No. 990618676 of the Lorain County Recorder's Office; Thence North 02° 08’ 00" East along the westerly line of Moore Road, 297.53 feet to a 5/8" iron pin set at the principal point of beginning of the premises herein described; Thence North 02° 08' 00" East continuing along the westerly line of Moore Road, 310.54 feet toa 1" iron pipe found (0.00 feet north and 0.22 feet west) at the southerly line of land conveyed to the Geon Company on January 31, 1997 and recorded in Volume 1427, Page 193 of the Lorain County Recorder's Office; Thence North 87° 59' 00" West along the southerly line of land so conveyed, 1406,00 feet to a 5/8" iron pin set; Thence South 02° 08' 00" West, 309.10 feet to a 5/8" iron pin set; Thence South 87° 55' 30" East, 40,00 feet perpendicular and parallel to the centerline of Pin Oak Parkway (80 feet wide) extended, 1406.00 feet to the westerly line of Moore Road and the principal point of beginning and containing 10.0003 acres of land as surveyed and described by Edward B. Dudley, III, P.L.S. No. 6747 of the Riverstone Company, in February of 2003, be the same, more or less but subject to all legal highways. Note: All 5/8"x 30" iron pins are capped: E.B. Dudley, P.S. 6747 Deed of Reference: Moore Road LLC by deed recorded in Instrument No. 19990661757 Basis of Bearings: Centerline of Moore Road being North 02° 08' 00" East as shown in Instrument No.19990661757 Prior Instrument Reference: Volume OR, Page _—_ of the Deed Records of Lorain County.

EXHIBIT C Form of Title Affidavit See attached.

TITLE AFFIDAVIT STATE OF ) ) COUNTY OF ) The undersigned, SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation (“Owner”), being duly sworn according to law, deposes and states that: l. 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. a Owner is in good standing in its state of formation. 4. To the best of Owner’s knowledge, 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]. 3, To the best of Owner’s knowledge, 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 the best of Owner’s knowledge, 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]. ve To the best of Owner’s knowledge, 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 the best of Owner’s knowledge, 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.

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. OWNER: SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation By: Print: Title: STATE OF § § COUNTY OF § Before me, a Notary Public in and for said County and State, personally appeared [ ], the [ | of SCHIBLEY SOLVENTS & CHEMICALS CO., INC., an Ohio corporation, 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:

ORDINANCE NO. 26-34 INTRODUCED BY: Mr. Kos AN ORDINANCE ALLOWING BEER TO BE SOLD, SERVED, DISPENSED, AND CONSUMED FOR ONE DAY FOR AVON LAKE’S BIRTHDAY PARTY FIELD GAMES CHAMPIONSHIP, TO BE HELD AT MILLER ROAD PARK ON JUNE 6, 2026, FROM 10:00 A.M. TO 3:00 P.M., AND DECLARING AN EMERGENCY. WHEREAS, Subsection 1070.02(i)(1) of the Code of Ordinances of the City of Avon Lake prohibits the sale of intoxicating liquor in any park; and WHEREAS, the Avon Lake 250 Jubilee Committee has requested to hold Avon Lake’s Birthday Party Field Games Championship at Miller Road Park on June 6, 2026, from 10:00 a.m. to 3:00 p.m.; and WHEREAS, to permit beer to be consumed at Avon Lake’s Birthday Party Field Games Championship, Council must adopt an ordinance creating a one-time exception to the prohibition of Subsection 1070.02(i)(1) of the 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 Avon Lake 250 Jubilee Committee shall be permitted to sell, serve, and allow the consumption of beer at Avon Lake’s Birthday Party Field Games Championship, to be held at Miller Road Park on June 6, 2026, from 10:00 a.m. to 3:00 p.m. Section No. 2: That, provided the necessary State of Ohio liquor permits are obtained, beer may be sold, served, distributed, and consumed at Avon Lake’s Birthday Party Field Games Championship, to be held at Miller Road Park on June 6, 2026, from 10:00 a.m. to 3:00 p.m. 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

ORDINANCE NO. 26-34 Page | 2 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 to file the necessary paperwork in a timely manner to permit beer to be consumed at Avon Lake’s Birthday Party Field Games Championship, 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: 04/13/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

ORDINANCE NO. 26-35 INTRODUCED BY: Mrs. Fenderbosch AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN STRUCTUREPOINT, INC., AND DECLARING AN EMERGENCY. WHEREAS, the City Engineer solicited Requests for Qualifications (RFQs) for engineering design services for the Country Club Drive bridge replacement over Heider Ditch; and WHEREAS, the City Engineer, having reviewed the RFQs submitted, selected American Structurepoint, Inc., of Cleveland, Ohio, for the engineering design services; and WHEREAS, Council has determined that the quotation submitted by American Structurepoint, Inc., of Cleveland, Ohio, and recommended by the City Engineer, is acceptable to this Council. 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 professional services agreement with American Structurepoint, Inc., of Cleveland, Ohio, for engineering design services for the bridge replacement structure at Country Club Drive over Heider Ditch. The agreement shall state among its terms that the cost of said professional services agreement shall not exceed $158,726.96 (Exhibit A). Section No. 2: Upon completion of said engineering design services, the Finance Director is hereby directed to deliver to American Structurepoint, Inc., of Cleveland, Ohio, the warrant of this City in an amount not to exceed $158,726.96 and to cause said warrant to be paid. Section No. 3: 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. 4: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of replacing the bridge on Country Club Drive over Heider Ditch, thus for the health, safety, and welfare of the public. Therefore, this Ordinance shall take effect and be in full force immediately after its passage and approval by the Mayor.

ORDINANCE NO. 26-35 Page | 2 1st Reading: 04/13/2026 2nd Reading: 3rd Reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

ORDINANCE NO. 26-36 INTRODUCED BY: Mr. Reynolds AN ORDINANCE ENACTING AVON LAKE CODE OF ORDINANCES CHAPTER 1219: LAKEFRONT MIXED-USE OVERLAY DISTRICT. WHEREAS, Planning Commission, at its meeting on March 24, 2026, recommended approval of a Code Text Amendment to Part Twelve, Planning and Zoning Code, of the Code of Ordinances to enact the Lakefront Mixed-Use Overlay District; and WHEREAS, Avon Lake Environmental Redevelopment Group, LLC (ALERG), has requested a Code Text Amendment to establish Chapter 1219, the Lakefront Mixed- Use Overlay District (LMU-O); and WHEREAS, the LMU-O District is intended to support long-term reinvestment and redevelopment along the Lake Road corridor, including lakefront properties historically used for industrial and commercial purposes; and WHEREAS, the overlay establishes standards for mixed-use development, including residential, commercial, recreational, and public open space uses; and WHEREAS, the proposed district advances the goals of the City’s 2019 Comprehensive Plan, including enhancing the Lake Road corridor, improving access to Lake Erie, and promoting walkability and reinvestment; and WHEREAS, the overlay provides a framework for the redevelopment of lakefront properties into a cohesive mix of non-industrial uses, with integrated streets, pathways, open space, and shoreline access; and WHEREAS, the overlay applies uniformly within a defined area and does not constitute spot zoning; and WHEREAS, the overlay concept is consistent with the Interim Development Agreement previously approved by Council, while remaining subject to independent legislative approval; and WHEREAS, Council, coming now to consider said recommendation, approves them in full. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Chapter 1219, Lakefront Mixed-Use Overlay District is hereby enacted as shown on Exhibit A, which is attached hereto and made a part hereof.

ORDINANCE NO. 26-36 Page | 2 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 shall be in full force and effect from and after the earliest period allowed by law. 1st reading: 04/13/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

24598702 _4 CHAPTER 1219: LAKEFRONT MIXED-USE OVERLAY DISTRICT (LMU-O) 1219.01 Purpose The Lakefront Mixed-Use Overlay District (“LMU-O District”) is intended to provide for high- quality development in alignment with a development plan for a wide-variety of nonindustrial uses for the larger parcel areas adjacent to Lake Erie, while this LMU-O District is also providing for the continued permitted uses in the base zoning district. The LMU-O District is created to transform certain larger land areas along Lake Erie from their historical industrial and/or older commercial/retail uses to a variety of permitted and conditionally permitted uses, including various types of residential living units, office uses, commercial retail uses, commercial and personal service uses, and recreational uses, such as public parks, open spaces and beach areas. This LMU- O District is also created to facilitate new mixed-use development with new public streets, bike and hike trails and open spaces for the enjoyment thereof. The redevelopment of the LMU-O District will create new roadways connected to the existing City street grid and new public and private internal roads with landscaping and public parks built to City standards. It is intended this overlay zoning district be used in conjunction with the site plan procedures of the Mixed-Use Overlay District in Chapter 1218 of this code. This approach will allow the developer the greatest flexibility in redeveloping these larger parcels with uses that are economically viable and specifically permitted under this code and will provide the City greatest control over the design of the development and the image it creates within the City, all in furthering the City’s 2019 Comprehensive Plan. It is anticipated that the LMU-O District may be developed over a number of years, in multiple phases and on individual parcels, but made a cohesive district development by way of the City’s site plan procedures which will create consistency in development across the LMU-O District. 1219.02 Location of District See attached land areas outlined in red. 1219.03 Scope and Applicability The LMU-O District is an overlay zoning district that applies as a secondary zoning district over the base zoning district(s). (a) Property owners that are subject to the LMU-O District may continue to use their property in accordance with the requirements of the applicable base zoning district. (b) At the election of the property owner, the owner may choose to develop pursuant to the LMU-O District, in accordance with this chapter, without requiring the rezoning of the base zoning district. 1219.04 Permitted, Conditional, and Prohibited Uses (a) Permitted Uses

24598702 _4 In addition to the required public parks use in Section 1219.05(a), Shoreline Parks, in the entire remaining acreage of the LMU-O District considered as a whole, there shall be four (4) or more of the following uses: (1) Multi-Family Dwellings (2) Offices: Administrative, Business, Professional, Medical (3) Cultural Facilities (4) Residential Community Centers (5) Commercial Business Support Services (6) Financial Institutions (7) Microbrewery, Microdistillery, and Microwinery (8) Mixed-Use Buildings (pursuant to Section 1216.05(c)) (9) Multi-Tenant Use (pursuant to 1216.05(c)) (10) Public Parks, Open Space, and Natural Areas (11) Personal Services (12) Public Marinas (13) Restaurants, Taverns or Bars (14) Retail Boutique Businesses (b) Conditional Uses (1) Commercial Recreational Facilities (Indoor and Outdoor) (2) Commercial Marinas, Boat Rental and Charter (3) Hotels (c) Prohibited Uses (1) Single-Family Dwellings (2) Nursery Schools and Day Care Centers

24598702 _4 (3) General merchandise discount stores, i.e., a retail establishment that offers a variety of product lines that are stocked in considerable depth and at discount prices. (4) Hardware or home-improvement stores primarily stocking lumber, building materials, and building supplies. (5) Stores primarily selling used merchandise, second-hand merchandise, samples, and floor models, demonstration merchandise, fire-sale merchandise, store-closing merchandise, and damaged merchandise. (6) Stores primarily selling on consignment except that such stores primarily selling art and/or jewelry on consignment are not prohibited. (7) Automotive services and uses, such as automobile and truck dealerships (including sales, rental, and leasing), automobile service stations, carwashes, and automotive body shops. (8) Indoor self-storage facilities or outdoor storage of any kind. (9) Adult Entertainment Businesses and cannabis sales. 1219.05 Development Standards (a) Shoreline Parks There shall be public park land adjacent to Lake Erie and within the LMU-O District consisting of no less than twenty (20) contiguous acres that is accessible to the public, as the shoreline exists at the time of approval of any development. (b) Setbacks (1) Buildings and other structures shall be set back from the Lake Road public right of way a minimum of ten (10) feet. (2) Setbacks of buildings and structures from the easterly and westerly boundaries of the LMU-O District shall be a minimum of fifteen (15) feet from abutting parcels with non-residential zoning or uses and a minimum of thirty (30) feet from abutting parcels with residential zoning or uses. (3) Except for the setback requirements in subparts (b)(1) and (2) of this section, there are no minimum setback requirements from property lines of parcels within the LMU-O District.

24598702 _4 (c) Building Height All buildings shall not exceed 100 feet in height from grade. Notwithstanding the foregoing height requirement, all buildings that front on Lake Road shall not exceed seventy-five (75) feet in height from grade for a distance of thirty (30) feet from the setback of the building from Lake Road (See, for example, Diagram below.) The “grade” for all buildings fronting on Lake Road shall be established from the grade level of the center line of the Lake Road right of way. Diagram (d) Density The maximum density of residential units of all types that shall be permitted in the LMU-O District is an average of sixty (60) units per acre of the LMU-O District; provided, however, for purposes of calculating the maximum density of residential units hereunder, acreage that is or will be used for a public park under Section 1219.05 (a) shall not be included in computing the acreage of the LMU-O District. (e) Building Orientation (1) Buildings shall be oriented toward the public or private street, as applicable, unless adjacent to a common open space, in which case the Planning Commission and City Council may approve an alternative orientation to face the open space.

24598702 _4 (2) Buildings located near the intersection of two streets (public or private) may be oriented toward a corner. If the building is oriented toward one of the streets, any facade facing other streets shall have similar architectural styles. (f) Parking Any development in the LMU-O District shall comply with the minimum parking requirements of this code. However, the Planning Commission and City Council shall have the authority to modify the parking requirements of this code if the applicant can demonstrate adequate availability of public parking, shared parking, or other alternatives that will meet the intent of the requirements of Chapter 1234: Parking, Access, and Mobility Standards. (g) Signs (1) Signs shall be integrated into the building and landscaping plans to enhance the development’s overall appearance while providing adequate identification of the development and the structures and uses therein. (2) The requirements of Chapter 1236: Sign Standards, may be waived as part of the approval of the LMU-O District development plan when the applicant submits a master sign plan for an LMU-O District development plan application with a minimum acreage of five acres. In such cases, the master sign plan shall not allow for more than a 10 percent increase in the total sign area allowed in Chapter 1236: Sign Standards. (h) Utilities and Service Equipment All industry standard grade utilities shall be located underground. All manholes, utility boxes, entry fixtures and other service equipment shall be located inside or rear yards and away from walkways. These fixtures shall be adequately screened as provided in Section 1232.05: Screening Requirements. (i) Viewsheds Building heights, setbacks, and separation shall be provided for in the LMU-O District development plan to guarantee that views of Lake Erie from Lake Road south of any buildings in the LMU-O District will be provided between each building in the LMU-O District and that the buildings are not of such width as to prevent views of Lake Erie, and reviewed as a component of the approval process under Section 1218.03 of the code. (j) Pedestrian and Bike Connections

24598702 _4 There shall be pedestrian and bike access for the public from Lake Road to the public park areas along the Lake Erie shoreline. 1219.06 Procedure for Development Plan Review and Approval The applicant shall submit a plan of development and the procedure for review of the plan and the criteria for the plan shall follow the provisions of Section 1218.03 of this code. 1219.07 Modifications to Standards Notwithstanding any other provision of this code to the contrary, the Planning Commission may recommend and City Council may approve a development plan which varies from the strict standards of this Chapter and act upon the proposed application as if in compliance with this Chapter if they determine that the proposed development substantially complies with the purposes, intent, and basic objectives of this Chapter, and that through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives or other features, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements. 1219.08 Phases Developments intended to be developed in phases shall proceed initially with the area indicated as the first phase. The construction sequence of subsequent phases may be reordered with the recommendation of the Planning Commission and approval of City Council, provided that the reordering does not obstruct or limit the development of all approved remaining phases. 1219.09 Areas subject to more than one overlay district Should any property in the LMU-O District also be included in another overlay district, the LMU-O District shall override the other overlay district and the provisions of this Chapter shall govern.

24598702 _4 Location of Overlay District Identified in Section 1219.02 (Overlay District Outlined in Red)

ORDINANCE NO. 26-37 INTRODUCED BY: Mr. Reynolds AN ORDINANCE REZONING A 43.23-ACRE SITE AT 33570 LAKE ROAD FROM GENERAL INDUSTRIAL (I-2) AND SINGLE-FAMILY RESIDENCE (R-1A) TO SPECIAL COMMERCE DISTRICT (B-3). WHEREAS, Planning Commission has, at its meeting of March 24, 2026, approved a request to rezone a 43.23-acre parcel (the “Property”) at 33570 Lake Road and designated by the County Auditor as PPNs 04-00-006-101-085, 04-00-006- 101-023 (Parcel 6), and 04-00-006-101-022 (Parcel 7) and more particularly described in Exhibit A attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Property, which is presently zoned General Industrial (I-2) and Parcels 6 and 7 zoned Single-Family Residence (R-1A) is hereby rezoned to Special Commerce District (B-3). Section No. 2: That the official zoning map and the Planning and Zoning Code of the City of Avon Lake is hereby amended accordingly, and the City Engineer is directed to make the necessary changes thereto. 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 shall be in full force and effect from and after the earliest period allowed by law. 1st reading: 04/13/2026 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

_ EXHIBITA [Depiction of Property] 22122081 _1 Ml

FISCAL OFFICER’S CERTIFICATE To the Council of the City of Avon Lake, Ohio: As fiscal officer of the City of Avon Lake, Ohio, I certify in connection with your proposed issue of bonds in the maximum aggregate principal amount of $1,665,000 (the Bonds) for the purpose of paying costs of improving streets by reconstructing, resurfacing, grading, draining, curbing and paving, constructing water supply, sanitary and drainage facilities, constructing bridge improvements, and making other improvements as designated in the plans approved or to be approved by Council, together with the necessary appurtenances and work incidental thereto (the improvement), that: 1. The estimated life or period of usefulness of the improvement is at least five years. 2. The estimated maximum maturity of the Bonds, calculated in accordance with Section 133.20 of the Revised Code, is at least 15 years. Dated: April 27, 2026 Director of Finance City of Avon Lake, Ohio

ORDINANCE NO. 26-38 INTRODUCED BY: Mr. Smith AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,665,000 FOR THE PURPOSE OF PAYING COSTS OF IMPROVING STREETS BY RECONSTRUCTING, RESURFACING, GRADING, DRAINING, CURBING AND PAVING, CONSTRUCTING WATER SUPPLY, SANITARY AND DRAINAGE FACILITIES, CONSTRUCTING BRIDGE IMPROVEMENTS, AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY. WHEREAS, the Director of Finance, as fiscal officer of the City, has certified to this Council that the estimated life or period of usefulness of the improvement described in Section 2 is at least five years and the estimated maximum maturity of the Bonds described in Section 2 is at least 15 years; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO, THAT: Section No. 1. Definitions and Interpretation. In addition to the words and terms elsewhere defined in this Ordinance, unless the context or use clearly indicates another or different meaning or intent: “Authorized Denominations” means the denomination of $100,000 or any whole multiple of $1,000 in excess thereof. “Bond proceedings” means, collectively, this Ordinance, the Certificate of Award and such other proceedings of the City, including the Bonds, that provide collectively for, among other things, the rights of holders and beneficial owners of the Bonds. “Bond Register” means all books and records necessary for the registration, exchange and transfer of Bonds as provided in Section 5. “Bond Registrar” means the Fiscal Officer. “Certificate of Award” means the certificate authorized by Section 6(a), to be signed by the Fiscal Officer, setting forth and determining those terms or other matters pertaining to the Bonds and their issuance, sale and delivery as this Ordinance requires or authorizes to be set forth or determined therein. “Closing Date” means the date of physical delivery of, and payment of the purchase price for, the Bonds.

ORDINANCE NO. 26-38 2 “Code” means the Internal Revenue Code of 1986, the Regulations (whether temporary or final) under that Code or the statutory predecessor of that Code, and any amendments of, or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures and judicial determinations regarding any of the foregoing, all as and to the extent applicable. Unless otherwise indicated, reference to a Section of the Code includes any applicable successor section or provision and such applicable Regulations, rulings, announcements, notices, procedures and determinations pertinent to that Section. “Fiscal Officer” means the Director of Finance of the City. “Interest Payment Dates” means, unless otherwise determined by the Fiscal Officer in the Certificate of Award, June 1 and December 1 of each year that the Bonds are outstanding, commencing December 1, 2026. “Mayor” means the Mayor of the City. “Municipal Advisor” means Sudsina & Associates, LLC. “Original Purchaser” means the original purchaser of the Bonds designated by the Fiscal Officer in the Certificate of Award. “Principal Payment Dates” means unless otherwise determined by the Fiscal Officer in the Certificate of Award, December 1 in the years from and including 2026 to and including 2041, provided that in no case shall the final Principal Payment Date be later than the maximum maturity of the Bonds referred to in the preambles hereto. Section No. 2. Authorized Principal Amount and Purpose; Application of Proceeds. This Council determines that it is necessary and in the best interest of the City to issue bonds of the City in one lot in the maximum principal amount of $1,665,000 (the Bonds) for the purpose of paying costs of improving streets by reconstructing, resurfacing, grading, draining, curbing and paving, constructing water supply, sanitary and drainage facilities, constructing bridge improvements, and making other improvements as designated in the plans approved or to be approved by Council, together with the necessary appurtenances and work incidental thereto, including the payment of expenses related to the issuance of the Bonds. Subject to the limitations set forth in this Ordinance, the aggregate principal amount of the Bonds to be issued, the principal maturities of and the principal payment schedule for the Bonds, the interest rate or rates that the Bonds shall bear and certain other terms and provisions of the Bonds identified in this Ordinance are subject to further specification or determination in the Certificate of Award upon the finalization of the terms and provisions of the Bonds. The aggregate principal amount of Bonds to be issued, as so specified by the Fiscal Officer in the Certificate of Award, shall be the aggregate principal amount of Bonds required to be issued, taking into account any premium above or discount from the aggregate principal amount of the Bonds at which they are sold to the Original Purchaser, in order to effect the purpose for which the Bonds are to be issued, including the payment of any expenses properly allocable to the issuance of the Bonds.

ORDINANCE NO. 26-38 3 The proceeds from the sale of the Bonds received by the City shall be paid into the proper fund or funds, and those proceeds are appropriated and shall be used for the purpose for which the Bonds are being issued. Any portion of those proceeds received by the City representing premium (after payment of financing costs) or accrued interest shall be paid into the Bond Retirement Fund. Section No. 3. Denominations; Dating; Principal and Interest Payment and Prepayment Provisions. The Bonds shall be issued as a single fully registered bond in one lot in the maximum principal amount of $1,665,000. The Bonds shall be dated as provided in the Certificate of Award, provided that their dated date shall not be more than 60 days prior to the Closing Date. (a) Interest Rates and Interest Payment Dates. The Bonds shall bear interest at the rate or rates per year (computed on the basis of a 360-day year consisting of 12 30-day months) as shall be determined by the Fiscal Officer in the Certificate of Award. Interest on the Bonds shall be payable at such rate or rates on the Interest Payment Dates until the principal amount has been paid or provided for. The Bonds shall bear interest from the most recent date to which interest has been paid or provided for or, if no interest has been paid or provided for, from their date. (b) Principal Payment Schedule. The Bonds shall mature on the Principal Payment Dates in principal amounts as shall be determined by the Fiscal Officer, subject to subsection (c) of this Section, in the Certificate of Award, consistent with the Fiscal Officer’s determination of the best interest of and financial advantages to the City. (c) Conditions for Establishment of Interest Rates and Principal Payment Dates and Amounts. The rate or rates of interest per year to be borne by the Bonds, and the principal amount of Bonds maturing on each Principal Payment Date, shall be such that (i) the total principal and interest payments on the Bonds in any fiscal year in which principal is payable is not more than three times the amount of those payments in any other such fiscal year and (ii) the true interest cost of the Bonds shall not exceed 6%. (d) Payment of Debt Charges. The debt charges on the Bonds shall be payable in lawful money of the United States of America without deduction for the services of the Bond Registrar as paying agent. Principal of the Bonds shall be payable when due upon presentation and surrender of the Bonds at the office of the Bond Registrar. Interest on a Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond was registered, and to that person’s address appearing, on the Bond Register at the close of business on the 15th day preceding that Interest Payment Date. Notwithstanding the foregoing, so long as the Original Purchaser is the registered owner of the Bonds, (i) the principal installments on the Bonds may be paid on each Principal Payment Date and any prepayment date by (A) wire transfer of immediately available funds to the registered owner, without presentation or surrender thereof, to an account in the United States as such owner will direct in writing to the Bond Registrar or (B) check or draft mailed to the registered owner, provided that in connection with the payment or prepayment of the final installment of principal of the Bonds, the registered owner thereof shall present and surrender its Bonds at the office of the Bond Registrar, and (ii) interest on the Bonds may be paid on each Interest Payment Date by (A) wire transfer of immediately available funds to the registered owner, without presentation or surrender thereof, to an account in the United States as such owner will direct in writing to the Bond Registrar or (B) check or draft mailed to the registered owner.

ORDINANCE NO. 26-38 4 (e) Prepayment. If agreed to by the Original Purchaser, the Bonds shall be prepayable, in whole or in part, with or without penalty or premium, at the option of the City at any time or a specific time prior to maturity, each as designated by the Fiscal Officer in the Certificate of Award and as provided in this Ordinance. Prepayment prior to maturity shall be made by deposit with the Bond Registrar of the principal amount of the Bonds then to be prepaid, together with interest accrued thereon to the date of prepayment. The City’s right of prepayment shall be exercised by mailing a notice of prepayment, stating the date of prepayment and the name and address of the Bond Registrar, by certified or registered mail to the registered owners of the Bonds to be prepaid, and at their addresses, each as shown on the Bond Register at the close of business on the day preceding the mailing of the notice. The notice shall be mailed not less than 30 days prior to the date of that deposit, unless that notice is waived by the registered owner(s) of the Bonds. If moneys for prepayment are on deposit with the Bond Registrar on the specified prepayment date following the giving of that notice (unless the requirement of that notice is waived as stated above), interest on the principal amount prepaid shall cease to accrue on the prepayment date, and upon the request of the Fiscal Officer the registered owner(s) of the Bonds shall arrange for the delivery of the Bonds to the Bond Registrar for prepayment and surrender and cancellation. Section No. 4. Execution and Authentication of Bonds. The Bonds shall be signed by the Mayor and the Fiscal Officer, in the name of the City and in their official capacities, provided that either or both of those signatures may be a facsimile. The Bonds shall be issued in the Authorized Denominations and numbers as requested by the Original Purchaser and approved by the Fiscal Officer, shall be numbered as determined by the Fiscal Officer in order to distinguish each Bond from any other Bond, and shall express upon their faces the purpose, in summary terms, for which they are issued and that they are issued pursuant to the provisions of Chapter 133 of the Revised Code, the City’s Charter, this Ordinance and the Certificate of Award; provided, however, that, if requested by the Original Purchaser, the Bonds may be issued as a single registered Bond with multiple maturities of principal in Authorized Denominations as set forth in a payment schedule to be set forth in such Bond or attached thereto. No Bond shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under the Bond proceedings unless and until the certificate of authentication printed on the Bond is signed by the Bond Registrar as authenticating agent. Authentication by the Bond Registrar shall be conclusive evidence that the Bond so authenticated has been duly issued, signed and delivered under, and is entitled to the security and benefit of, the Bond proceedings. The certificate of authentication may be signed by any authorized officer or employee of the Bond Registrar or by any other person acting as an agent of the Bond Registrar and approved by the Fiscal Officer on behalf of the City. The same person need not sign the certificate of authentication on all of the Bonds. Section No. 5. Registration; Transfer and Exchange. (a) Bond Registrar. So long as any of the Bonds remain outstanding, the City will cause the Bond Registrar to maintain and keep the Bond Register at the office satisfactory to the Fiscal Officer and the Bond Registrar. The person in whose name a Bond is registered on the Bond Register shall be regarded as the absolute owner of that Bond for all purposes of the Bond

ORDINANCE NO. 26-38 5 proceedings. Payment of or on account of the debt charges on any Bond shall be made only to or upon the order of that person; neither the City nor the Bond Registrar shall be affected by any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the City’s liability upon the Bond, including interest, to the extent of the amount or amounts so paid. (b) Transfer and Exchange. Any Bond may be exchanged for Bonds of any Authorized Denomination upon presentation and surrender at the office of the Bond Registrar, together with a request for exchange signed by the registered owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar. A Bond may be transferred only on the Bond Register upon presentation and surrender of the Bond at the office of the Bond Registrar together with an assignment signed by the registered owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar. Upon exchange or transfer the Bond Registrar shall complete, authenticate and deliver a new Bond or Bonds of any Authorized Denomination or Denominations requested by the owner equal in the aggregate to the unmatured principal amount of the Bond surrendered and bearing interest at the same rate and maturing on the same date. If manual signatures on behalf of the City are required, the Bond Registrar shall undertake the exchange or transfer of Bonds only after the new Bonds are signed by the authorized officers of the City. In all cases of Bonds exchanged or transferred, the City shall sign and the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of the Bond proceedings. The exchange or transfer shall be without charge to the owner, except that the City and Bond Registrar may make a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to the exchange or transfer. The City or the Bond Registrar may require that those charges, if any, be paid before the procedure is begun for the exchange or transfer. All Bonds issued and authenticated upon any exchange or transfer shall be valid obligations of the City, evidencing the same debt, and entitled to the same security and benefit under the Bond proceedings as the Bonds surrendered upon that exchange or transfer. Neither the City nor the Bond Registrar shall be required to make any exchange or transfer of (i) Bonds then subject to call for prepayment between the 15th day preceding the mailing of notice of Bonds to be prepaid and the date of that mailing, or (ii) any Bond selected for prepayment, in whole or in part. Section No. 6. Award and Sale of the Bonds. (a) Original Purchaser Designated in Certificate of Award. The Bonds shall be sold to the Original Purchaser at a purchase price, not less than 97% of their aggregate principal amount, to be determined by the Fiscal Officer in the Certificate of Award, plus accrued interest on the Bonds from their date to the Closing Date, and shall be awarded by the Fiscal Officer with and upon such other terms as are required or authorized by this Ordinance to be specified in the Certificate of Award, in accordance with law and the provisions of this Ordinance. The Fiscal Officer is authorized, if it is determined to be in the best interest of the City, to combine the issue of Bonds with one or more other bond issues of the City into a consolidated bond issue pursuant to Section 133.30(B) of the Revised Code in which case a single Certificate of Award may be utilized for the consolidated bond issue if appropriate and consistent with the terms of this Ordinance.

ORDINANCE NO. 26-38 6 The Fiscal Officer shall sign and deliver the Certificate of Award and shall cause the Bonds to be prepared and signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Bonds, to the Original Purchaser upon payment of the purchase price. The Mayor, the Fiscal Officer, the Director of Law, the Clerk of Council and other City officials, as appropriate, each are authorized and directed to sign any transcript certificates, financial statements, bond registrar agreement, bond purchase agreement, placement agent agreement, term sheet and other commitments, documents and instruments and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. (b) Financing Costs. The expenditure of the amounts necessary to pay the financing costs (as defined in Section 133.01 of the Revised Code) in connection with the Bonds is authorized and approved, and the Fiscal Officer is authorized to provide for the payment of any such amounts and costs from the proceeds of the Bonds to the extent available and otherwise from any other funds lawfully available that are appropriated or shall be appropriated for that purpose. Section No. 7. Provisions for Tax Levy. During the year or years in which the Bonds are outstanding, there shall be levied on all the taxable property in the City, in addition to all other taxes, a direct tax annually during the period the Bonds are outstanding in an amount sufficient to pay the debt charges on the Bonds when due, which tax shall not be less than the interest and sinking fund tax required by Section 11 of Article XII of the Ohio Constitution. The tax shall be within the ten- mill limitation imposed by law, shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of those years are certified, levied, extended and collected, and shall be placed before and in preference to all other items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Bonds when and as the same fall due. In each year, to the extent other money is lawfully available for the payment of the debt charges on the Bonds and is appropriated for that purpose, the amount of the tax shall be reduced by the amount of money so available and appropriated. Section No. 8. Federal Tax Considerations. The City covenants that it will use, and will restrict the use and investment of, the proceeds of the Bonds in such manner and to such extent as may be necessary so that (a) the Bonds will not (i) constitute private activity bonds or arbitrage bonds under Sections 141 or 148 of the Internal Revenue Code of 1986, as amended (the Code), or (ii) be treated other than as bonds the interest on which is excluded from gross income under Section 103 of the Code and (b) the interest on the Bonds will not be an item of tax preference under Section 57 of the Code. The City further covenants that (a) it will take or cause to be taken such actions that may be required of it for the interest on the Bonds to be and to remain excluded from gross income for federal income tax purposes, (b) it will not take or authorize to be taken any actions that would adversely affect that exclusion and (c) it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purpose of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate payments to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of

ORDINANCE NO. 26-38 7 those proceeds and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The Fiscal Officer, or any other officer of the City having responsibility for the issuance of the Bonds is hereby authorized (a) to make or effect any election, selection, designation (including specifically designation of the Bonds as “qualified tax-exempt obligations” if such designation is applicable and desirable, and to make any related necessary representations and covenants), choice, consent, approval or waiver on behalf of the City with respect to the Bonds as the City is permitted or required to make or give under the federal income tax laws, including, without limitation thereto, any of the elections provided for in or available under Section 148 of the Code, for the purpose of assuring, enhancing or protecting the favorable tax treatment or status of the Bonds or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments or penalties, or making payments of special amounts in lieu of making computations to determine, or paying, excess earnings as rebate, or obviating those amounts or payments, as determined by that officer, which action shall be in writing and signed by the officer, (b) to take any and all other actions, make or obtain calculations, make payments, and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Bonds, and (c) to give one or more appropriate certificates of the City, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the Bonds, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of the interest on and the tax status of the Bonds. Section No. 9. Certification and Delivery of Ordinance and Certificate of Award. The Clerk of Council is directed to deliver or cause to be delivered a certified copy of this Ordinance and a copy of the signed Certificate of Award to the Lorain County Auditor. Section No. 10. Satisfaction of Conditions for Bond Issuance. This Council determines that all acts and conditions necessary to be performed by the City or to have been met precedent to and in the issuing of the Bonds in order to make them legal, valid and binding general obligations of the City have been performed and have been met, or will at the time of delivery of the Bonds have been performed and have been met, in regular and due form as required by law; that the full faith and credit and general property taxing power (as described in Section 7) of the City are pledged for the timely payment of the debt charges on the Bonds; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Bonds. Section No. 11. Retention of Bond Counsel. In connection with the issuance of the Bonds, the legal services of Squire Patton Boggs (US) LLP, as bond counsel, are hereby retained. The legal services shall be in the nature of legal advice and recommendations as to the documents and the proceedings in connection with the issuance and sale of the Bonds and the rendering of the necessary legal opinion upon the delivery of the Bonds. In rendering those legal services, as an independent contractor and in an attorney-client relationship, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or

ORDINANCE NO. 26-38 8 the execution of public trusts. That firm shall be paid just and reasonable compensation for those legal services and shall be reimbursed for the actual out-of-pocket expenses it incurs in rendering those legal services. The Fiscal Officer is authorized to provide for the payment of those fees and any reimbursements from the proceeds of the Bonds to the extent available and otherwise is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section No. 12. Retention of Municipal Advisor. In connection with the issuance of the Bonds, the municipal advisory services of Sudsina & Associates, LLC, as municipal advisor, are hereby retained. The municipal advisory services shall be in the nature of financial advice and recommendations in connection with the issuance and sale of the Bonds. In rendering those municipal advisory services, as an independent contractor, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those municipal advisory services and shall be reimbursed for the actual out-of-pocket expenses it incurs in rendering those municipal advisory services. The Fiscal Officer is authorized to provide for the payment of those fees and any reimbursements from the proceeds of the Bonds to the extent available and otherwise is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section No. 13. Compliance with Open Meeting Requirements. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or its committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law. Section No. 14. Captions and Headings. The captions and headings in this Ordinance are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Sections, subsections, paragraphs, subparagraphs or clauses hereof. Reference to a Section means a section of this Ordinance unless otherwise indicated. Section No. 15. Declaration of Emergency; Effective Date. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City, and for the further reason that this Ordinance is required to be immediately effective in order to sell the Bonds at the earliest possible date, which is necessary to enable the City to enter into contracts for the improvement which is needed to eliminate existing and potential hazards to vehicular and pedestrian traffic in the City; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. [Balance of Page Intentionally Left Blank]

ORDINANCE NO. 26-38 9 PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor I, Valerie Rosmarin, Clerk of Council of the City of Avon Lake, Ohio, do hereby certify that the foregoing is a true and accurate copy of Ordinance No. 26-38 passed on ________, by the Avon Lake City Council. Clerk of Council City of Avon Lake, Ohio

RESOLUTION NO. 26-39 INTRODUCED BY: Mrs. Fenderbosch A RESOLUTION ACKNOWLEDGING ACCEPTANCE OF A CAPITAL IMPROVEMENT COMMUNITY PARK, RECREATION/CONSERVATION PROJECT PASS-THROUGH GRANT AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES (ODNR) AND DECLARING AN EMERGENCY. WHEREAS, pursuant to House Bill No. 2, the 135th General Assembly of the State of Ohio has appropriated funds in the amount of fifty thousand dollars ($50,000) to make a grant to the Grantee for the costs associated with the construction of a park and recreation or conservation facility in appropriation item C725E2, more fully described as ‘Avon Lake Veterans Park Gazebo’ (the “Project”). Furthermore, one thousand dollars ($1,000) of the total Project appropriations will be used by ODNR for the administration of the Project; and WHEREAS, the Project reference number is LORA-010C; and WHEREAS, the City of Avon Lake desires to use the Capital Improvement Community Park, Recreation/Conservation Project Pass-Through Grant for reimbursement of the costs of constructing the Project; and WHEREAS, this Project is to construct a gazebo at Veterans Park in Avon Lake, Ohio; and WHEREAS, Council deems it necessary and in the best interest for the health, safety, and welfare of all City residents to authorize acceptance of the Capital Improvement Community Park, Recreation/Conservation Project Pass-Through Grant and to enter into the Capital Improvement Community Park, Recreation/Conservation Project Pass-Through Grant Agreement with the Ohio Department of Natural Resources. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: Council authorizes and directs the Mayor to acknowledge acceptance of the Capital Improvement Community Park, Recreation/Conservation Project Pass-Through Grant Agreement with the ODNR, a copy of which is attached hereto and incorporated herein as Exhibit A. Section No. 2: Council does hereby agree to obligate the funds required to satisfactorily complete the Project and become eligible for reimbursement under the terms of the Capital Improvement Community Park, Recreation/Conservation Project Pass-Through Grant Agreement.

RESOLUTION NO. 26-39 Page | 2 Section No. 3: 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. 4: This Resolution is declared to be an emergency measure, the emergency being the necessity of accepting funds to reimburse the costs of constructing the gazebo at Veterans Park, thus for the health, safety, and welfare of the public. Therefore, this Resolution shall be in full force and effect immediately upon its passage and approval by the Mayor. ADOPTED: ________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

Page 1 of 12 ODNR Legal Form Rev. Aug. 12, 2024 Capital Improvement Community Park, Recreation/Conservation Project Pass-Through Grant Agreement Ohio Department of Natural Resources This Community Recreation/Conservation Project Pass-Through Agreement (hereinafter referred to as the “Agreement”) is made and entered into by and between the State of Ohio, Department of Natural Resources, (hereinafter referred to as “State” or “ODNR”), acting by and through its Director, pursuant to Sections 154.17, 154.22 and 1501.01 of the Ohio Revised Code (“R.C.”) and House Bill No. 2, 135th General Assembly of the State of Ohio and the City of Avon Lake an Ohio political subdivision (hereinafter referred to as “Grantee”) acting by and through its authorized representative. Notices: All notices, demands, requests, consents, approvals, and other communications required or permitted to be given pursuant to the terms of this Agreement shall be in writing, and shall be deemed to have been properly given when: 1) hand-delivered with delivery acknowledged in writing; 2) sent by U.S. Certified mail, return receipt requested, postage prepaid; 3) sent by overnight delivery service (Fed Ex, UPS, etc.) with receipt; or 4) sent by fax or email, and shall be respectively addressed as follows: ODNR Contact: Teresa Goodridge Program Manager Ohio Department of Natural Resources Office of Real Estate & Land Management 2045 Morse Road, Building E-2 Columbus, Ohio 43229 Teresa.Goodridge@dnr.ohio.gov Grantee Contact: Jonathan Liskovec Public Works Director City of Avon Lake 150 Avon Belden Road Avon Lake, OH 44012 Jliskovec@avonlake.org Notices shall be deemed given upon receipt thereof and shall be sent to the addresses appearing above. Notwithstanding the foregoing, notices sent by fax or email shall be effectively given only upon acknowledgment of receipt by the receiving party. The parties designated above shall each have the right to specify as their respective address for purposes of this Agreement any other address upon fifteen (15) days prior written notice thereof, as provided herein, to the other parties listed above. If delivery cannot be made at any address designated for notices, a notice shall be deemed given on the date on which delivery at such address is attempted. WHEREAS, pursuant to House Bill No. 2, the 135th General Assembly of the State of Ohio has appropriated funds in the amount of Fifty Thousand Dollars ($50,000.00) to make a grant to the Grantee for the costs associated with the construction of a park and recreation or conservation facility in appropriation item C725E2, more fully described as ‘Avon Lake Veterans Park Gazebo’, (hereinafter referred to as the “Project”). Furthermore, $1,000.00 of the total Project appropriations will be used by ODNR for the administration of the Project. The Project reference number is LORA-010C; and WHEREAS, the General Assembly has identified the Parks and Recreation Improvement Fund (Fund 7035), created and existing under R.C. § 154.22(F), as the fund from which these monies will be disbursed; and WHEREAS, pursuant to R.C. Chap. 154 and Article VIII, Section 2i of the Ohio Constitution, capital facilities lease-appropriation bonds (the “Bonds”) have been or will be issued by the Ohio Treasurer of State (the

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 2 of 12 ODNR Legal Form Rev. Aug. 12, 2024 “Treasurer”) for the purpose of paying the “costs of capital facilities” including acquiring, constructing, reconstructing, rehabilitating, renovating, enlarging and otherwise improving, equipping, and furnishing capital facilities for parks and recreation, all as defined and described in R.C. § 154.01(K). A portion of those Bonds proceeds will be used by ODNR to provide funding to the Grantee for the Project under this Agreement. Because ODNR is funding the Project with proceeds of those Bonds, ODNR requires that the Grantee make certain representations, warranties, and covenants (both affirmative and negative) concerning the Project and use of the grant funds, as more fully described or provided in this Agreement, in order to comply with federal and state laws, regulations, and rules relating to those Bonds and the projects funded with proceeds of those Bonds. NOW THEREFORE, for the purposes of providing the funds to Grantee pursuant to House Bill No. 2 of the 135th General Assembly, the parties hereto covenant and agree as follows: 1. Funding Amount. ODNR agrees to provide the Grantee Forty-Nine Thousand Dollars ($49,000.00), via qualifying advance and reimbursement, to be used toward the total cost of the Project. One Thousand Dollars ($1,000.00) of the amount appropriated for the Project will be retained by ODNR to cover administrative costs. In no event shall ODNR’s payment to Grantee exceed Forty-Nine Thousand Dollars ($49,000.00). Funds for this Project have been released by the Controlling Board as of ____________ and encumbered by Contract Encumbrance Record Number _________ and are so certified by the Director of Budget and Management on __________. Obligations of the State are subject to the provisions of R.C. § 126.07. Any funds provided under this Agreement that are not spent shall be returned in full to the State. 2. Project Description. The Grantee shall use the grant funds for ‘Avon Lake Veterans Park Gazebo’, a project to construct a gazebo and sidewalk at Veterans Memorial Park in Avon Lake, OH, all as more fully described in Exhibit A attached hereto. 3. Effective and Termination Dates. This Agreement shall commence on the date that it is signed by ODNR (the “Effective Date”) and will, unless otherwise earlier terminated as provided herein, expire on the later of: (i) 15 years from the date of the payment of the final Project reimbursement (or Project acquisition if the Project is solely for the acquisition of real property) (“Project Closeout”); or (ii) the date upon which the latest Bond issuance funding or refinancing of the Project is paid in full (the “Term”). Grantee shall complete the Project on or before June 30th, 2026. 4. No Restrictions of Record. Grantee hereby represents and warrants that there are not now, and there will not be, any restrictions of record or otherwise with respect to the Project, including without limitation, any encumbrances, liens, or other matters, which would interfere with or otherwise impair the use of the property as described in the Boundary Map attached hereto as Exhibit B, to be acquired or on which the Project will be located and developed as a public parks and recreation or conservation facility (the “Property”) except for those restrictions permitted below. Grantee represents that it is, or will be, the fee simple owner, or has a lease, or other interest, such as an easement, with a term longer than the Term hereof, on the Property and that the only restrictions of record, or otherwise, with respect to the Property are: (a) all zoning regulations, restrictions, rules and ordinances, and other laws and regulations now in effect or hereafter adopted by any governmental agencies having jurisdiction over the Property, (b) dedicated public rights-of-way identified on Exhibit B, Boundary Map, and (c) the encumbrances, items, and other interests identified in Exhibit C, Title Encumbrances. Grantee hereby represents and warrants that there are not now, and it shall not cause there to be,

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 3 of 12 ODNR Legal Form Rev. Aug. 12, 2024 any restrictions with respect to the Project or Property, including without limitation, any encumbrances, liens, or other matters, which would interfere with or otherwise impair the use of the Property as a public park, recreation facility, or conservation facility. 5. Construction Services. Grantee represents that it will contract for all construction services for the Project and will provide for construction administration. Grantee shall have the full authority to contract with third parties for the design and construction of the Project. Grantee shall secure all necessary permits and licenses for the Project. Grantee warrants that it will cause the Project to be constructed or acquired, as applicable, with all reasonable speed and reasonably adhere to any submitted development timeline. Grantee shall comply with all applicable federal and state requirements relating to the competitive selection of contractors and comply with its own competitive selection policies and procedures. If competitive selection for the Project is not required by law, to the extent reasonably possible as determined by Grantee, Grantee shall employ an open and competitive process in the selection of its contractors. Bid documents designed to be so restrictive to exclude open competitive bidding and bid documents that do not allow for “or equal” provisions may not be acceptable. 6. Operation, Maintenance, and Upkeep. Grantee shall be solely responsible for the operation, maintenance, and upkeep of the Project, and shall take all actions reasonably necessary to ensure that the Project is available to the public for the intended parks and recreation or conservation purpose during the Term. 7. Conveyance of Interest in Project to ODNR. As security for the performance of Grantee’s obligations under this Agreement, Grantee hereby conveys to ODNR an interest in the Property, consisting of the right to use and occupy the Property and the facilities funded in whole or in part with grant funds under this Agreement upon default of this Agreement by Grantee. This interest shall remain in effect during the Term of this Agreement. Grantee hereby acknowledges and agrees that ODNR may assign or convey such right to use and occupy such facilities to the OPFC or such other State agency selected by ODNR, and Grantee does hereby consent to such assignment or conveyance. In addition, ODNR has entered into a lease with OPFC relating to the Bonds and the Project; provided that, so long as Grantee shall not default under this Agreement, such lease shall not affect the Project or the use of the Property. ODNR acknowledges that, absent a default by Grantee, ODNR has no right to use or occupy the Property or Project. ODNR shall have the right during the Term hereof to enter upon the Property during normal business hours for purposes of inspection of the Project for compliance with this Agreement. 8. Prohibition Against Disposition. Grantee shall not dispose of all or any part of the Project or Property funded by ODNR through the Term of this Agreement without the prior written consent of ODNR and OPFC. All notices, demands, requests, consents, approvals, and other communications to OPFC shall be addressed as follows: Ohio Public Facilities Commission 30 East Broad Street, 34th Floor Columbus, Ohio 43215 Attn: Assistant Secretary

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 4 of 12 ODNR Legal Form Rev. Aug. 12, 2024 9. Joint or Cooperative Use Agreement. If the Property is owned by a separate nonprofit organization and made available to a state agency for its use or benefit, the nonprofit organization must either own, or have a long-term lease (for at least so long as the latest Bond issuance funding or refinancing of the Project have not been paid in full) of, the Property , and enter into a joint or cooperative use agreement, with and approved by the state agency that meets the requirements of H.B. 2, 135th General Assembly. 10. Liability; Waiver of Liability. Grantee shall be solely liable for any and all claims, demands, or causes of action arising from its obligations under this Agreement. Each party to this Agreement must seek its own legal representative and bear its own costs, attorney fees and expenses, in any litigation that may arise from the performance of this Agreement or the Project. It is specifically understood and agreed that ODNR does not indemnify Grantee. Nothing in this Agreement shall be construed to be a waiver of the sovereign immunity of the State of Ohio or the immunity of any of its employees or agents for any purpose. Nothing in this Agreement shall be construed to be a waiver of any immunity of Grantee granted by statute or the immunity of any of its employees or agents for any purpose. In no event shall either party be liable for indirect, consequential, incidental, special, liquidated, or punitive damages, or lost profits. On and after the date of this Agreement, Grantee agrees not to seek any determination of liability against ODNR, OPFC, the Treasurer, or any department, agency, or official of the State in the case of claim or suit arising from the Project including the acquisition of the Property or any future condition, construction, operation, maintenance, or use of the Property or facilities which may be developed in relation to the Project. Grantee forever releases and waives any and all claims, demands, and causes of action it may ever possess or assert against ODNR and its employees, agents, officials, and attorneys arising from, or relating to, the Project. 11. Insurance. a. Adequate Insurance. Unless otherwise agreed to by ODNR in writing, Grantee shall maintain, or cause to be maintained, at no cost to ODNR, commercial general liability insurance and other insurance, including casualty insurance, and if applicable, professional liability insurance, and builder’s risk insurance, to insure Grantee, and ODNR, OPFC, the Treasurer, and the State, as additional insureds, in an amount and type determined by a qualified risk assessor to be sufficient to cover the full replacement costs of improvements funded, in whole or in part, by the State, and for bodily injury, property damage, personal injury, advertising injury, and employer's liability exposures of Grantee. Unless otherwise agreed to by ODNR in writing, such insurance shall remain in force at all times from the Effective Date hereof through the Term of this Agreement. b. Self-Insurance. Instead of providing the general liability and casualty insurance above, Grantee may name ODNR, OPFC, the Treasurer, and the State as additional insureds and/or loss payees, as the coverage requires, under a self-insurance program or joint self-insurance pool created under R.C. §§ 2744.08 or 2744.081, respectively, and operated by or on behalf of Grantee, in order to meet the insurance requirements set forth herein. 12. Bonded and Insured Employees and Agents. Prior to any advance (but not reimbursement) payments by ODNR, Grantee will provide ODNR with a document that demonstrates that all employees or agents of Grantee who are responsible for maintaining or disbursing advanced funds acquired through this Agreement will be fully bonded or insured against loss of such funds. The bonding agent or insurer

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 5 of 12 ODNR Legal Form Rev. Aug. 12, 2024 shall be licensed to do business in Ohio. No part of the funds acquired by Grantee through this Agreement shall be spent to obtain that bonding or insurance. 13. Public Funds Compliance. Grantee will assure compliance with all applicable federal, state, and local laws and regulations pertaining to handling, management, and accountability in relation to public funds. All funds received by Grantee under this Agreement shall be deposited in one or more financial institutions that fully insure, secure, or otherwise protect the funds from loss through federal deposit insurance and/or other deposit and/or collateralization strategies that protect the funds against loss. If Grantee is a political subdivision of the State, grant funds shall be held in compliance with R.C. Chap. 135. 14. Reports and Records. Grantee shall keep and make all reports and records associated with the Project funded under this Agreement available to the State Auditor, or the Auditor’s designee, ODNR, and OPFC for a period of not less than eighteen (18) years after the date of the Project Closeout. These reports and records shall include a description of the Project, a detailed overview of the scope of work, disbursement details (including amount, date, nature/object of expenditure), and vendor information. Grantee acknowledges that the Auditor of State and other departments, agencies, and officials of the State may audit the Project at any time, including before, during, and after completion. Grantee agrees that any costs of audit by the Auditor of State or any other department, agency, or official of the State will be borne exclusively by, and paid solely by, Grantee, and that the funds provided under this Agreement will not be used by Grantee for payment of any audit expenses for any reason at any time. 15. Restrictions on Expenditures. Grantee affirmatively states that Grantee is fully aware of the restrictions and guidelines for expending funds granted under this Agreement and intends to comply fully with the same. Grantee will implement appropriate monitoring controls to ensure that funds acquired through this Agreement are expended in accordance with all applicable laws, rules, and requirements. 16. Determination of Ineligibility. If it is determined by any audit by the Auditor of State or any department, agency, or official of the State or other agency or entity with legal audit authority that any Project expense is ineligible, or not properly documented, Grantee will repay that amount in full to the State. 17. Equal Opportunity Compliance. If Grantee is a political subdivision, Grantee shall comply with the requirements of R.C. § 125.111 for all contracts for purchases under the Project. 18. Real Property Acquisition. All appropriations of real property for the Project by Grantee shall be made pursuant to R.C. §§ 163.01 to 163.22, except as otherwise provided in R.C. Chap. 163. 19. Prevailing Wage. Except as provided in R.C. § 4115.04, monies appropriated or reappropriated for the Project shall not be used for the construction of public improvements, as defined in R.C. § 4115.03, unless the mechanics, laborers, or workers engaged therein are paid the prevailing rate of wages prescribed in R.C. § 4115.04. Nothing in this section affects the wages and salaries established for state employees under R.C. Chap. 124, or collective bargaining agreements entered into by the State under R.C. Chap. 4117, while engaged on force account work, nor does this section interfere with the use of inmate and patient labor by the State.

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 6 of 12 ODNR Legal Form Rev. Aug. 12, 2024 20. Project Nondiscrimination. Grantee agrees that any facilities that may be developed now or in the future on the lands comprising the Project will be made available to all persons regardless of race, color, sex, religion, national origin, ancestry, age, military status, handicap, or disability on the same terms and conditions. 21. Employment Nondiscrimination. Pursuant to R.C. Chap. 4112, Grantee agrees that Grantee and any person acting on behalf of Grantee or a contractor, shall not discriminate, by reason of race, color, religion, sex, sexual orientation, age, disability, military status as defined in R.C. § 4112.01, national origin, or ancestry against any citizen of this State in the employment of any person qualified and available to perform services relating to the Project. Grantee further agrees that Grantee and any person acting on behalf of Grantee or a contractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of services relating to the Project on account of race, color, religion, sex, sexual orientation, age, disability, military status, national origin, or ancestry. If required by R.C. § 125.111(B) and O.A.C § 123: 2-3-02, Grantee shall have a valid Certificate of Compliance (COC) from the Ohio Department of Administrative Services, Equal Opportunity Division demonstrating compliance with affirmative action program requirements. 22. ODNR Right to Terminate. a. Breach; Notice. ODNR reserves the right to terminate this Agreement upon written notice to Grantee and to recover any funds distributed by Grantee to contractors or other payees in violation of the terms of this Agreement if Grantee is determined by ODNR to be unable to proceed with the Project, or if Grantee violates any of the terms herein. Failure to comply with any provision of this Agreement may result in demand for repayment of all or a portion of the grant funds paid by ODNR to Grantee under this Agreement. The amount to be repaid will be calculated based on the ratio of (x), the number of months from the event triggering the reimbursement to the final scheduled maturity date of the Bonds, over (y), the total number of months that the Bonds are scheduled to be outstanding. Grantee shall not make any grant repayment unless first consulting with ODNR, and ODNR shall not accept any repayment without first obtaining the approval of the Ohio Public Facilities Commission (“OPFC”). b. Opportunity to Cure. ODNR, in its sole discretion, may permit Grantee to cure a breach. Such cure period shall be no longer than twenty-one (21) calendar days. Notwithstanding ODNR permitting a period of time to cure the breach or Grantee's cure of the breach, ODNR does not waive any of its rights and remedies provided to ODNR in this Agreement or as may be permitted by law. 23. Remittances. If for any reason funds acquired through this Agreement are required to be paid, repaid, or remitted to the State, they shall be remitted in full by the Grantee within forty-five (45) days of demand to: Ohio Treasurer of State 30 East Broad Street, 9th Floor Columbus, Ohio 43215 Any such remittance shall include a copy of this Agreement. A copy of the cover letter transmitting the remittance to the Treasurer of State shall be sent simultaneously to ODNR.

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 7 of 12 ODNR Legal Form Rev. Aug. 12, 2024 24. Legal, Federal Tax, and Other Compliance. a. Reports of Expenditures. Grantee will assure that monies expended under this Agreement are spent in conformity with the intent and purpose of the appropriation, the limitations on use set forth in the legislation containing the appropriation, and R.C. Chap. 154 and all other laws that apply to the expenditure of monies by Grantee. If Grantee is required to submit an annual financial report to the Auditor of State, in accordance with Auditor of State Bulletin 2015-07, then Grantee shall report the funds it acquires through this Agreement as a separate column identified in a manner consistent with the Project description in appropriation item C725E2. If Grantee is not required to submit the aforementioned report, Grantee shall file an annual detailed expenditure report of all expenditures associated with the Project with the Auditor of State by March 1st every year until all funds provided in this Agreement have been spent. The above reports shall be filed in accordance with Auditor of State Bulletin 2015-07. b. Compliance with Employment Laws. Grantee agrees to comply with all applicable federal, state, and local laws and regulations, in the conduct of the Project and acknowledges that its employees are not employees of ODNR with regard to the application of the Ohio Public Employees Retirement law, Fair Labor Standards Act minimum wage and overtime provisions, Federal Insurance Contribution Act, Social Security Act, Federal Unemployment Tax Act, Internal Revenue Code, Ohio revenue and tax laws, Ohio Workers’ Compensation Act, and Ohio unemployment compensation law. c. Compliance with Law; Preservation of Tax-Exempt Status of Bonds. Grantee agrees to use funds provided under this Agreement in accordance with the Ohio Constitution and any state or federal laws and regulations that may apply. Grantee shall repay ODNR any funds improperly expended. Additionally, Grantee agrees to comply with all requirements within its control necessary to preserve the tax status of all tax-exempt or tax-advantaged bonds, the proceeds of which are used to provide the funding to Grantee set forth in this Agreement. Unless otherwise determined by the OPFC, such requirements include, but are not limited to, ensuring that the funds provided under this Agreement finance capital expenditures (as opposed to operating expenses) and are not used to refund or otherwise refinance existing debt of Grantee. Grantee shall be liable for any payments to the Internal Revenue Service or the U.S. Treasury as penalties or to preserve the tax status of tax-exempt or tax-advantaged bonds, and any other costs, resulting in whole or in part from actions taken by Grantee, including the failure of Grantee to comply with federal income tax laws applicable to such bonds. Grantee agrees to consult with OPFC if the Grantee is uncertain as to what expenditures are eligible to be financed with funds provided under this Agreement. 25. Relationship of Parties. a. Expenses. Grantee shall be responsible for all of its own business expenses, including, but not limited to, computers, email and internet access, software, phone service, and office space. Grantee will also be responsible for all licenses, permits, employees’ wages and salaries, insurance of every type and description, and all business and personal taxes, including income and Social Security taxes and contributions for Workers’ Compensation and Unemployment Compensation coverage, if any, unless payment for any such item is specifically provided for herein or in the purchase order.

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 8 of 12 ODNR Legal Form Rev. Aug. 12, 2024 b. No Control Over Means and Methods. While Grantee shall be required to perform its obligations described hereunder during the term of this Agreement, nothing herein shall be construed to imply, by reason of Grantee’s obligations hereunder, that ODNR shall have or may exercise any right of control over Grantee with regard to the means or method of Grantee’s performance of its obligations hereunder. c. Right to Bind. Except as expressly provided herein, neither party shall have the right to bind or obligate the other party in any manner without the other party’s prior written consent. d. No Agency. Neither Grantee nor its personnel shall at any time, or for any purpose, be considered as agents, servants, or employees of ODNR or the State of Ohio. 26. No Finding for Recovery. Grantee represents and warrants to the ODNR that it is not subject to a finding for recovery under R.C. § 9.24, or that it has taken appropriate remedial steps required under R.C. § 9.24 or otherwise qualifies under that section. Grantee agrees that if this representation or warranty is determined by ODNR to be false, this Agreement shall be void ab initio as between the parties to this Agreement, and any funds paid by the State hereunder immediately shall be repaid in full to the State, or an action for recovery immediately may be commenced by the State for recovery of said funds. 27. Qualification to Receive Grant. Grantee affirms that it is a duly authorized federal government agency, municipal corporation, county, or other governmental agency or nonprofit organization, qualified to receive grants under R.C. § 154.22(F). Grantee further affirms that if at any time during the Term of this Agreement, Grantee for any reason becomes disqualified from receiving grants under R.C. § 154.22(F), Grantee will immediately notify ODNR in writing and will immediately cease performance of the Project. Failure to provide such notice in a timely manner shall void this Agreement and may be sufficient cause for the State of Ohio to debar the Grantee from future state grant opportunities as may be permitted by law. 28. Campaign Contributions. Grantee hereby certifies that neither it, nor any person described in R.C. § 3517.13 (I) or (J), nor the spouse of any such person, has made, as an individual, within the two previous calendar years, one or more contributions to the governor or the governor’s campaign committees totaling in excess of the limitations specified in R.C. § 3517.13. 29. Ethics Certification. Grantee, by signature on this document, certifies that it: (i) has reviewed and understands the Ohio ethics and conflict of interest laws as found in R.C. Chap. 102 and in R.C. §§ 2921.42 and 2921.43, and (ii) will take no action inconsistent with those laws. Grantee understands that failure to comply with Ohio’s ethics and conflict of interest laws is, in itself, grounds for termination of this Agreement and may result in the loss of other contracts or grants with the State. 30. Certification of Funds / Non-Appropriation. It is expressly understood and agreed by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all relevant statutory provisions of the Ohio Revised Code, including, but not limited to, R.C. § 126.07, have been met, and until such time as all necessary funds are available or encumbered and, when required, such expenditure of funds is approved by the Controlling Board of the State of Ohio,

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 9 of 12 ODNR Legal Form Rev. Aug. 12, 2024 or in the event that grant funds are used, until such time that ODNR gives Contractor written notice that such funds have been made available to ODNR by ODNR’s funding source. 31. Time Is of The Essence. Time is of the essence in this Agreement. 32. Miscellaneous. a. Controlling Law. This Agreement and the rights of the parties hereunder shall be governed, construed, and interpreted in accordance with the laws of the state of Ohio. Grantee consents to jurisdiction in a court of proper jurisdiction in Franklin County, Ohio. b. Waiver. A waiver by any party of any breach or default by the other party under this Agreement shall not constitute a continuing waiver by such party of any subsequent act in breach of or in default hereunder. c. Successors and Assigns. Neither this Agreement nor any rights, duties, or obligations hereunder may be assigned or transferred in whole or in part by Grantee, without the prior written consent of ODNR. d. Conflict with Exhibits. In the event of any conflict between the terms and provisions of the body of this Agreement and any exhibit hereto, the terms and provisions of the body of this Agreement shall control. e. Headings. The headings in this Agreement have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Agreement. f. Severability. The provisions of this Agreement are severable and independent, and if any such provision shall be determined to be unenforceable in whole or in part, the remaining provisions and any partially-enforceable provision shall, to the extent enforceable in any jurisdiction, nevertheless be binding and enforceable. g. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and shall not be modified, amended, or supplemented, or any rights herein waived, unless specifically agreed upon in writing by the parties hereto. This Agreement supersedes any and all previous agreements, whether written or oral, between the parties. h. Execution. This Agreement is not binding upon ODNR unless executed in full and is effective as of the last date of signature by ODNR. i. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. j. Electronic Signatures. Any party hereto may deliver a copy of its counterpart signature page to this Agreement electronically pursuant to R.C. Chap. 1306. Each party hereto shall be entitled to rely upon an electronic signature of any other party delivered in such a manner as if such signature were an original.

Capital Improvement Grant Agreement between ODNR and City of Avon Lake Legal Contract ID # 2026-0506 Page 10 of 12 ODNR Legal Form Rev. Aug. 12, 2024 IN TESTIMONY WHEREOF, Grantee and ODNR have caused this Agreement to be executed by their respective duly authorized officers. GRANTEE OHIO DEPARTMENT OF NATURAL RESOURCES CITY OF AVON LAKE OFFICE OF REAL ESTATE & LAND MANAGEMENT By: By: ___________________________________ Printed Name: Printed Name: Title: Title: _________________________________ Date: Date:

EXHIBIT B State Capital Gazebo Project Boundary Map Gazebo Project [ie a PARE RO te | Er Ce a | summmeemneees Parcels and Boundary 3/16/2026, 12:51:27 PM — Comertnes LBR3 — Rightotwey Une caren Ponts . . 0.06 km . 75 Avon Lake Ohio Sources: Esti, TomTom, Garmin, FAO, NOAA, USGS, & OpenSireetMap contributors, and the GIS User Community Public Works Department . Created by: J Liskovec Date: 3/16/2026 Page: 1 of J Merc bers Deaeztee_

ORDINANCE NO. 26-40 INTRODUCED BY: Mrs. Fenderbosch AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT FOR PUBLIC INVOLVEMENT AND PUBLIC EDUCATION SERVICES AND DECLARING AN EMERGENCY. WHEREAS, the City is required to comply with the Ohio Environmental Protection Agency’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) permit requirements; and WHEREAS, such requirements include Minimum Control Measures (MCMs) for Public Education and Outreach and Public Participation; and WHEREAS, the Cuyahoga Soil and Water Conservation District possesses expertise in providing education, outreach, and public involvement programming related to stormwater management and environmental stewardship; and WHEREAS, the City desires to enter into a Memorandum of Understanding (MOU) with the Cuyahoga Soil and Water Conservation District for the period of January 1, 2026, through December 31, 2030, for the implementation of a Public Involvement and Public Education (PIPE) program; and WHEREAS, the City agrees to appropriate the annual sum of $6,600 for said services, subject to annual appropriation. 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 MOU with the Cuyahoga Soil and Water Conservation District for the provision of PIPE program services related to the City’s NPDES MS4 permit compliance. (Exhibit A). Section No. 2: That the Finance Director is hereby authorized to appropriate and disburse funds in the amount of $6,600 annually, subject to Council’s annual appropriations, for the term of 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.

ORDINANCE NO. 26-40 Page | 2 Section No. 5: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of ensuring timely compliance with Ohio EPA NPDES MS4 permit requirements, thus for the health, safety, and welfare of the public. Therefore, this Ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor

MEMORANDUM OF UNDERSTANDING for 2026-2030 Between Cuyahoga Soil & Water Conservation District and the City of Avon Lake This Memorandum of Understanding (“MOU”) is made effective as of the 1st day of January, 2026 (“Effective Date”), between Cuyahoga Soil & Water Conservation District (“Cuyahoga SWCD”) and the City of Avon Lake (“City”), referred to herein as the “Parties,” to provide technical support in meeting the Ohio EPA’s National Pollutant Discharge Elimination System (NPDES) General Permit for Municipal Separate Storm Sewer Systems (MS4s) (NPDES Phase II) requirements for the following Minimum Control Measures (MCMs): • MCM #1- Public Education and Outreach • MCM #2- Public Participation BACKGROUND AND PURPOSE Recognizing the need for effective collaboration in raising awareness through education, stewardship opportunities and public involvement and working to change the perceptions and behaviors of the public for a cleaner, healthier environment, such as what is required in the National Pollutant Discharge Elimination System (NPDES) permit, the City and Cuyahoga SWCD accept this agreement as the document which describes the process for exchange. Cooperation between these units of government facilitates better awareness of environmental issues and involvement in potential solutions for a healthier environment. In providing conservation education assistance and expertise to the City, Cuyahoga SWCD hopes to influence citizens to better protect and conserve soil and water resources both locally and throughout Ohio. Ohio Revised Code, Chapter 940, describes Cuyahoga SWCD’s authority for engaging in this MOU. Cuyahoga SWCD and the City have mutually agreed to this scope of assistance related to education, stewardship, and public involvement for the conservation of soil and water resources. ANNUAL PROGRAM TASKS Cuyahoga SWCD will work with the City to provide an annual Public Involvement and Public Education (PIPE) program that meets performance standards for MCMs #1 and #2, as established by the City’s OEPA-issued stormwater permit. The following tasks will be completed annually as part of the PIPE program implementation: Public Education • Creation and distribution of printed and digital materials related to the annual outreach theme and targeted messages. • Links to publicly accessible education and outreach materials and articles on the Cuyahoga SWCD website.

• Targeted mailings to a minimum of 10% of City households annually (50% of households reached over the life of the MOU). • Public presentations on a range of local conservation topics for community groups, elected officials, and other audiences as requested. • Providing materials and/or staff tabling support for community events such as Home Days, Earth Day, and Arbor Day events as requested. • Offering educator professional development opportunities, including classroom and hands-on training in curriculum supplements such as Project WET and Project Learning Tree and leading Meaningful Watershed Education Experiences. • Providing schools presentations and activities aimed at youth education such as Enviroscape, water quality testing, and soil erosion models. Public Involvement • Providing programs and workshops for residents and other landowners to learn about and improve onsite stormwater management on their properties. • Supporting community-based volunteer activities such as stream cleanups, tree planting, storm drain stenciling, and rain garden installation/maintenance. • Administering conservation pledges for residents to adopt watershed-friendly practices or behaviors. Program Administration • Development of MOU and annual MOU renewal process. • Tracking MOU renewal status and payments. • Annual meeting with assigned Cuyahoga SWCD staff lead to understand community priorities and engagement opportunities. • Development of an annual Outreach Strategy, outlining targeted audiences, stormwater messages, message delivery mechanisms, public involvement activities, TMDL goals (where applicable), and other community priorities. • Support updating language in City’s Stormwater Master Plan (SWMP) related to MCMs #1 and #2. • Documenting all PIPE program activities completed throughout the year and support with annual permit report in Ohio EPA’s STREAMS online reporting system as requested. • Audit support for Ohio EPA audits of MCMs #1 & #2 as requested, including providing any requested documentation to Ohio EPA. • Community survey conducted once per permit term to assess changes in community stormwater awareness and knowledge, and rates of adoption of residential stormwater management practices. MOU PARTNER ROLES & RESPOSIBILITIES Cuyahoga SWCD Responsibilities: Through this MOU, Cuyahoga SWCD will be responsible for the following:

1) Cuyahoga SWCD will lead the annual MOU renewal process, including tracking MOU renewal status and payments. 2) Cuyahoga SWCD will coordinate an annual meeting between City and assigned Cuyahoga SWCD staff to understand community priorities and engagement opportunities. 3) Cuyahoga SWCD will lead implementation of Public Education and Public Involvement activities as outlined in the Annual Program Tasks section above. 4) Cuyahoga SWCD will work with the City to develop an annual Outreach Strategy to outline targeted audiences, messages, delivery mechanisms, public involvement activities, TMDL goals (where applicable), and other community priorities. 5) Cuyahoga SWCD will provide updated language to the City for inclusion in its Stormwater Master Plan (SWMP) related to MCMs #1 and #2. 6) Cuyahoga SWCD will document all PIPE program activities completed throughout the year and providing support with annual permit report in Ohio EPA’s STREAMS online reporting system as requested. 7) Cuyahoga SWCD will provide audit support for Ohio EPA audits of MCMs #1 & #2 as requested, including providing any requested documentation to Ohio EPA. 8) Cuyahoga SWCD will conduct a community survey once per permit term to assess changes in community stormwater awareness and knowledge, and rates of adoption of residential stormwater management practices. City’s Responsibilities: Through this MOU, the City will be responsible for the following: 1) The City will provide an annual appropriation of $6,600.00 to Cuyahoga SWCD for implementation of the City’s annual PIPE program. Should additional services be requested outside the scope of this MOU, written amendments will be made and additional costs agreed upon by both parties. This memorandum of understanding will be reviewed each year to ensure agreed upon assumptions are still valid. 2) The City will designate one or more individual(s) to serve as the City’s liaison(s) to Cuyahoga SWCD for implementation of the annual PIPE program. The designated individual will be responsible for the following: a. Meeting with Cuyahoga SWCD staff annually to review annual PIPE program deliverables, Outreach Strategy, and community priorities. b. Identifying target audiences and community event opportunities for the PIPE program. c. Supporting Cuyahoga SWCD staff in coordinating community workshops, volunteer events, or other public involvement activities conducted as part of the City’s annual PIPE program. d. Distributing relevant program information to residents, business/property owners, or other audiences in a timely manner. 3) The City will assume full responsibility for completion and submittal of required Ohio EPA annual reports under the NPDES Phase II program.

4) The City will provide a resolution to Cuyahoga SWCD acknowledging this working agreement and providing documentation to facilitate dispersal of funds to Cuyahoga SWCD on an annual basis. GENERAL TERMS OF UNDERSTANDING 1) The Parties recognize that Cuyahoga SWCD has expertise in compliance with the requirements of the OEPA’s NPDES Phase II regulations specific to MCMs #1 and #2 and are relying on such expertise to implement an effective annual Public Involvement and Public Education program. 2) The Parties recognize that Cuyahoga SWCD does not hold regulatory authority under Ohio Revised Code or OEPA’s NPDES Phase II General Permit. 3) All Parties will review quality of assistance and address concerns as they arise. 4) All assistance provided by Cuyahoga SWCD is offered on a non-discriminatory basis without regard to race, age, marital status, handicap or political persuasion. 5) All Parties recognize Cuyahoga SWCD’s obligation to make its reports and/or other written materials available to the public on request in accordance with the Ohio Public Records Act. 6) Any notice or communication required or permitted under this MOU shall be sufficiently given in writing delivered in person or electronic mail, to the following: CITY OF AVON LAKE CUYAHOGA SOIL & WATER CONSERVATION DISTRICT [FIRST NAME, LAST NAME, JOB TITLE] KRISTIN N. HALL FITZGERALD, EXECUTIVE DIRECTOR [EMAIL ADDRESS] KHALL@CUYAHOGASWCD.ORG [CITY], OHIO, [ZIP CODE] CLEVELAND, OHIO, 44114 7) In the event of any dispute or disagreement between any of the Parties with respect to the interpretation of any provision of this MOU which cannot be resolved in the normal course of business, then upon written notice of either party to the other adhering to the following: a. Each party agrees to meet for the purpose of endeavoring in good faith to resolve the dispute; b. No formal action for such dispute may be commenced by the parties until either of the parties concludes in good faith that amicable resolution through continued negotiation of the matter at issue does not appear likely and so notifies the other party; and c. The rights and obligations of the Parties under this Section shall not limit either Party’s right to terminate this MOU as otherwise permitted hereunder. 8) This MOU shall be governed by and construed in accordance with the laws of the State of Ohio. 9) In the event that any provision of this MOU is deemed to be severable or invalid, and if any term, condition, phrase or portion of this MOU shall be determined to be unlawful or otherwise unenforceable, the remainder shall remain in full force and effect, so long as the clause severed does not affect the intent of the Parties. If a court should find that any

provision of this MOU to be invalid or unenforceable, that provision will be changed and interpreted to accomplish the Parties’ objectives to the greatest extent possible under applicable law and the remaining provisions of this MOU shall continue in full force and effect. 10) There are no third party beneficiaries under this Contract, and in no event shall Cuyahoga SWCD be liable to the City for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits. 11) No Party under this MOU may assign or transfer the responsibilities or agreement made herein without the prior written consent of the non-assigning party, from which approval shall not be unreasonably withheld. 12) This MOU constitutes the entire understanding of the Parties pertaining to all matters contemplated hereunder at this time. The Parties signing this MOU desire or intend that any implementing contract or other agreement entered into between the parties in writing subsequent hereto shall supersede and preempt any conflicting provision of this MOU. The terms of this MOU control over any conflicting terms in any referenced document. 13) By entering into this MOU, the Parties agree on behalf of themselves and their respective officers, employees, agents or assigns, that this transaction may be conducted by electronic means by agreeing that all documents requiring signatures by Cuyahoga SWCD, and the City may be executed by electronic means, and that the electronic signatures affixed by Cuyahoga SWCD and the City to said documents shall have the same effect as if that signature was manually affixed to a paper version of the document. INDEMNIFICATION Cuyahoga SWCD and the City do not indemnify any person or entity, and agree that no provision of this MOU or any other agreement between Cuyahoga SWCD and the City may be interpreted to obligate either to indemnify or defend the other or any other person or entity. Each party agrees to be responsible for any and all damages resulting from the actions or omissions of its officers, officials, employees and agents while same are engaged in the performance of this MOU. TERM, RENEWAL, TERMINATION The term of this MOU shall commence on January 1, 2026 or the date ("Initial Effective Date") Cuyahoga SWCD receives written notice from the City, in a form approved by Cuyahoga SWCD and in accordance with Sections 5705.41 and 5705.44 of the Ohio Revised Code, as applicable, indicating that the City has agreed to appropriate annual funds, in the amount of $6,600.00 per year, to support implementation of the City’s annual PIPE Program for each following 12-month period. This MOU shall expire December 31, 2030 or five (5) years after the Initial Effective Date, unless this MOU is terminated sooner, or unless the MOU is extended by the City.

The MOU shall continue in effect for said periods, unless the MOU is terminated sooner, or unless it is further extended by mutual agreement, in writing, of the parties hereto. Any such extension shall be under the same terms and conditions as set forth in this MOU. This MOU may be amended or terminated at any time by mutual consent of all Parties, or the agreement may be terminated by any party giving thirty (30) day’s advance written notice to the other Parties. In witness thereof, the Memorandum of Understanding executed and agreed to on the latest day, month and year written below: CUYAHOGA SOIL & WATER CITY OF AVON LAKE CONSERVATION DISTRICT ________________________________ __________________________________ (Signature) (Signature) BY: ____________________________ BY: ____________________________ (Printed Name, Title) (Printed Name, Title) DATE: ________________ DATE: ________________