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MONDAY, MARCH 16, 2026 CITY HALL - COUNCIL CHAMBERS CAUCUS - 6:45 PM | COUNCIL MEETING - 7:00 PM MEETING CALL TO ORDER | MOMENT OF SILENT PRAYER | PLEDGE OF ALLEGIANCE ROLL CALL WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS COMMITTEE REPORTS ENVIRONMENT, PUBLIC WORKS, PLANNING, ZONING & DEVELOPMENT LOCAL GOVERNMENT & COMMUNITY SERVICES FINANCE ~ LEGISLATIVE AGENDA ~ LEGISLATION ON FOR FIRST READING COUNCILWOMAN MANN RES. 26-__ Urging Ohio Senate to Pass HB303 Creating Ohio Community Energy Pilot Program LEGISLATION ON FOR SECOND READING COUNCILWOMAN MANN ORD. 26-17 2026 Sewer Services Contract COUNCILWOMAN GREENFIELD ORD. 26-18 Purchase Agreement for 22100 Mastick Road AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE LEGISLATION ON FOR THIRD READING AND FINAL PASSAGE COUNCILWOMAN MANN ORD. 26-12 Right of Way Dedication for West 220 and Mastick ORD. 26-13 Vacating Sections of West 228th and 229th Streets COUNCILWOMAN GREENFIELD ORD. 26-14 Accepting Grant Funds Through 2026 NOPEC Energized Community Grant ORD. 26-15 Authorizing Agreement with CCDPW for Core and Additional Services Continued on next page
REPORTS AND COMMUNICATIONS FROM MAYOR, DIRECTORS AND OTHER CITY OFFICIALS PUBLIC SESSION MISCELLANEOUS BUSINESS AND REPORTS FROM COUNCIL ADJOURNMENT
CITY OF FAIRVIEW PARK RESOLUTION NO.: 26- SPONSORED BY: COUNCILWOMAN MANN CO-SPONSORED BY: COUNCILMEMBERS LANG, MINEK AND RALEY A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRVIEW PARK CALLING ON THE STATE LEGISLATURE OF OHIO TO PASS LEGISLATION TO ALLOW FOR THE CREATION OF COMMUNITY ENERGY PILOT PROGRAM IN OHIO AND DECLARING AN EMERGENCY WHEREAS, community energy facilities allow customers to choose the source of their electricity, including customers that desire to purchase solar energy but do not have suitable conditions to install their own solar facility; and WHEREAS, community solar facilities are a more decentralized, resilient, and efficient way to deliver electricity to ratepayers; and WHEREAS, in June 2025, Ohioans saw a 26% increase on their electricity bills and community solar facilities have been shown to save households 5% to 20% on their electricity costs; and WHEREAS, Ohio imports 20% of its energy and regional energy prices are increasing significantly, a community energy pilot program would produce energy locally, avoiding costly transmission upgrades and improving grid reliability for all ratepayers; and WHEREAS, a study from Ohio University determined that a “Community Solar Pilot Program” would generate an estimated $5.6 billion in gross output and $409.5 million in local tax revenues; and WHEREAS, community solar provides cleaner air, and will assist in helping Fairview Park and all of Cuyahoga County in meeting National Air Quality Standards established by the EPA. WHEREAS, Ohio based solar manufacturing companies and workers will benefit from local community solar projects enabled by this legislation; and WHEREAS, 24 states currently have specific enabling legislation for community energy, which provides a framework that supports the production of community energy facilities in those states. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That the Council of the City of Fairview Park hereby urges the Ohio Legislature to approve a Community Energy Pilot Program as delineated in House Bill 303, which passed the Ohio House with a 77 to 8 affirmative vote and awaits passage in the Ohio Senate the
creation of creation of Community Energy Pilot Program in Ohio, as this investment will improve the quality of life for Ohioans. SECTION 2: That the Clerk of Council is hereby directed to forward copies of this Resolution to Governor Mike DeWine, House Bill 303 Sponsors, State Representative Bride Rose Sweeney, Ohio General Assembly Leadership and Energy Committees Leadership. SECTION 3: It is found and determined that all formal actions of this Council concerning and relating to this Resolution were adopted in an open meeting of this Council, and its deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4: That this Resolution is duly declared to be an emergency measure, necessary for the immediate preservation of public peace, health, safety and welfare and to immediately make known to various elected representatives and offices of the state government this Council’s support of creation of the Community Energy Pilot Program in Ohio, and provided it receives the affirmative vote of a majority plus one of the members of Council eligible to vote, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: APPROVED: 2nd reading: 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
Ordinance 26-17 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26-17 ORIGINATED BY: BRYAN HITCH, SERVICE DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN MANN and COUNCILWOMAN GREENFIELD AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND TO ENTER INTO A SEWER SERVICES CONTRACT WITH THE LOWEST, MOST RESPONSIVE AND MOST RESPONSIBLE BIDDER AND DECLARING AN EMERGENCY WHEREAS, the Service Director has recommended that the City move forward with an annual Sewer Services Program; and WHEREAS, the Mayor is requesting authorization to advertise for bids and to enter into a sewer services contract for the City of Fairview Park’s (“City”) 2026 Sewer Services Program; and WHEREAS, the Service Director and the Mannik and Smith Group, Inc. (“City Engineer”) have identified sections throughout the City of deteriorated sanitary sewer lines requiring rehabilitation through sewer lining and related improvements; and WHEREAS, implementing an annual Sewer Services Program allows the City to take a proactive approach to infrastructure maintenance, addressing issues before they become emergency failures, stabilizing long-term costs, and protecting public health and the environment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the Mayor is hereby authorized to advertise and accept bids for the 2026 Sewer Services Program. SECTION 2. That the Mayor is authorized to enter into a sewer services contract with the lowest, most responsive, and most responsible bidder determined by the Board of Control for the 2026 Sewer Services Program in an amount not to exceed five hundred thousand dollars ($500,000.00) and to be paid from the Sanitary Sewer Fund (Fund 510). SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 26-17 | Page 2 PASSED: 1st reading: 03.02.26 APPROVED: 2nd reading: 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council FROM: Bryan Hitch, Service Director RE: Ordinance Authorizing Advertisement of Bids to Enter into a Sewer Services Contract DATE: March 2, 2026 The Administration of the City of Fairview Park (“City”) requests passage of the following legislation on three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND TO ENTER INTO A SEWER SERVICES CONTRACT WITH THE LOWEST, MOST RESPONSIVE AND MOST RESPONSIBLE BIDDER AND DECLARING AN EMERGENCY The Service Director and the Mannik and Smith Group Inc. (“City Engineer”) have identified sections throughout the City of deteriorated sanitary sewer lines requiring rehabilitation through sewer lining and related improvements. Sewer lining extends the life of our infrastructure by 40 to 50 years at a fraction of the cost of full pipe replacement. It reduces inflow and infiltration, which helps prevent sewer backups and system overload during heavy rain events. Because the process is trenchless, it minimizes road closures, disruption to residents, and restoration costs. The Service Director has recommended that the City move forward with an annual Sewer Services Program. Implementing an annual Sewer Services Program allows the City to take a proactive approach to infrastructure maintenance, addressing issues before they become emergency failures, stabilizing long-term costs, and protecting public health and the environment Cc: Liz Westbrooks, Clerk of Council Mayor Bill Schneider A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Kim Kerber, City Engineer
Ordinance 26-18 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26-18 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN GREENFIELD AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH JL CAPITAL ONE, LLC FOR THE PURCHASE OF THE REAL PROPERTY LOCATED AT 22100 MASTICK ROAD, FAIRVIEW PARK, OHIO, AND DECLARING AN EMERGENCY WHEREAS, the JL Capital One, LLC owns the real property located at 22100 Mastick Road, Fairview Park, Ohio with the Permanent Parcel Number 331-13-052 (“Property”); and WHEREAS, the City of Fairview Park (“City”) has offered to purchase the Property; and WHEREAS, the Property has been vacant for 10 years; and WHEREAS, the Property is two and sixty-four hundredths (2.64) acres with a building on the Property; and WHEREAS, the Property will be used by the City to relocate the Service Department, which includes the Service Department buildings and Service Department administration offices, from the current location at 20777 Lorain Road; and WHEREAS, the Property will serve as a central hub for sewer maintenance, public works operations, fleet storage, Service Department administration and union employees; and WHEREAS, on February 24, 2026, Cuyahoga County Council passed Resolution 2026- 0023 approving the reallocation of the one million dollars ($1,000,000.00) of AARP funds, awarded to the City in 2022 for the initial Public Facility Regional Environmental Improvement Plan, for the Property acquisition and design and engineering costs; and WHEREAS, it is in the best interest of the City to purchase the Property under the terms and conditions herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Mayor is hereby authorized to enter into a Purchase Agreement with JL Capital, LLC, attached herein as “Exhibit A”, and execute any and all necessary documents for the purchase of the property located at 22100 Mastick Road, Fairview Park, Ohio with Permanent Parcel Number 331-13-052. SECTION 2. The one million dollars ($1,000,000.00) from the County Council will be used to purchase the Property. The Property purchase price is nine hundred ninety thousand dollars ($990,000.00) to be paid from the Permanent Improvement Fund (Fund 260). Any remaining
Ordinance 26-18 | Page 2 funds from the County after the purchase is complete will be applied to the cost of the design and engineering of the Project. SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 03.02.26 APPROVED: 2nd reading: 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
dotloop signature verification, ©: PON AN AWN PE a RO 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44, 45. 46. Exhibit A RE/MAX ‘ae rN ABOVE PS ono’ RE/MAX COMMERCIAL PURCHASE AGREEMENT Offer: The undersignedThe City of Fairview, Ohio a municipal corporation hereinafter referred to as Buyer, hereby offers to buy the following described property, together with all buildings, hereditaments and appurtenances, thereto, or thereon, as in their present physical condition, but subject to all legal highways, zoning ordinances, conditions, of record and to all restrictions thereon now of record, situated in the City of Fairview Park County of Cuyahoga State of Ohio, Zip 44126 _ pp #331-13-052 and having frontage of about 133.3 feet and being about 237.5 feet deep, and further Known as (Address)22100 Mastick Rd. Fairview Park, Ohio 44126 Financing: Buyer agrees to pay for said property the sum of: nine-hundred ninety thousand US dollars (Dollars) $990,000 upon the following terms and conditions and payable in the following manner: Earnest money in the form of tbd__ check 4 note to apply on the . purchase price, the receipt of which is hereby acknowledged by Above & Beyond Realty ........--sses S$. Note to be redeemed within 24 hours of acceptance or 24 hours after satisfactory completion of professional inspection, if applicable. Additional monies to be placed in escrow with responsible lending institution, title or trust company $. TBD Execute and deliver note secured by first mortgage on said premises in the amount of............... $ Conventional Seller Financing (in the amount Of)... cee cecesessessssssensenscenenseenseesetseeseeneess $ Application is to be made with one or more responsible lending institutions within?BD days. This offer is subject to Buyer's ability to obtain first mortgage financing. Buyer agrees to diligently complete said financing arrangements and to immediately comply with any and all requests of the lender in order to obtain loan approval. If first mortgage financing cannot be obtained, this agreement shall be null and void and earnest money returned to the Buyer. (All parties hereby agree to sign a Mutual Release accordingly). Loan approval to be obtained on or before 04/03/2026 All papers and necessary considerations pertaining to the conveyance are to be placed in escrow by the Buyer and Seller with a responsible lending institution, title or trust company or before 20 days, and the escrow is to be closed as soon as possible thereafter, except that, if a defect in title appears, Seller shall have 30 days after notice to remove said defect. Title to transfer on or about 05/01/2026 or after closing Possession: Possession is subject to tenant’s rights, if any. The premises may be occupied by the Seller rental free1 days after date of title transfer. Seller reserves the right to occupy premises ona rental basis for a maximum period of 0 additional days at a rate of Sn/a per day and/or Seller shall deliver possession and keys to Buyer 1 days after title transfer ati0 am&Zpm Payment and collection of rent after transfer of title and transfer of possession are the sole responsibility of Seller or Buyer. Chattels to be included: (attach additional pages if necessary): all display items, fixtures, ceiling panel supplies een annem peeerentan teh nettetee eR iitetnmatetiia—tet—tete NNN TR ACCC Cte rennet emeeeiiimantntNtatittatetattRienamtitti—ttNi tRNA ALCL CCC TAAL CC CC te Fixtures to be removed (attach additional pages if necessary): none ee ene etennetttetitineetncennte—intetetntttNttte tee CC CC rename een eee annette tC Ct Lender and/or Source of Financing: Name Contact Address City, State Zip Phone: Fax: Email: Cell: Property Address Additional terms and conditions of financing Buyer’s information: Seller's information: NameThe City of Fairview, Ohio a municipal corporation NameJL Capital One, LLC Address20777 Lorain Rd Address18077 RIVER AVE CityFairview Park Zip44126 Phone CityNoblesville Zip46062 Phone Attorney Name. Phone. Attorney NameJulia Kozicki Phone 317-773-2190 36 BM 12: dotloop verified Buyers Initials Sellers Initials Pg.1ofS
dotloop signature verification: °°: 47. 48. 49. 50. 51. 52. 53, 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74, 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. Addendums: This contract is subject to the inclusion of the following forms signed by Buyer and Seller: Confidentiality Agreement MJ Yes [1 No Service Supplier and Vendor 01 Yes M1 No Inspection Addendum [] Yes Zi No Addendum to Vacant Land O Yes M No State Agency Disclosure M1 Yes [] No Land Contract Addendum [1 Yes No Current Tenant List O Yes No Purchase Money Addendum [] Yes M1 No Lead Paint Disclosure wo Yes [J No Attorney Amendment [] Yes 7 No Property Disclosure Form (1 Yes M1 No Miscellaneous 0 Yes 0 No Miscellaneous C) Yes 1 No Miscellaneous © Yes (1 No Title: Seller shall convey said premises to Buyer by good and sufficient warranty deed with all dower rights released, warranting same free and clear of all liens and encumbrances, except as otherwise specifically agreed to by the parties. Seller shall provide Buyer an Owner's Fee Policy of Title Insurance. Seller shall pay the cost of the title examination and buyer to pay for commitment. Seller and Buyer shall split evenly the premium for the said Owner's Fee Policy. Both Buyer and Seller consent and agree that Seller shall furnish the Owner's Fee Policy of Title Insurance from TBD Title Company in the amount of the purchase price with cost of the insuring premium being split equally between Seller and Buyer. If Lender requires the Buyer to engage another title company, other than the one agreed herein to issue the Owner's Policy, then the payment regarding the same shall be made entirely by the Buyer or Lender. Unless said election is made, Seller may select any title company to conclude this transaction. Escrow: Charges/Escrow Instructions: This agreement shall be used as escrow instructions subject to the Escrow Agent’s usual conditions of acceptance. The deed will be prepared byTBD . Seller shall pay the following costs through escrow a) deed preparation b) real estate transfer tax. C) any amount required to discharge any mortgage, lien or encumbrances not assumed by Buyer(s). d) title exam and one half the cost of insuring premium for Owner's Fee Policy of Title Insurance, e) pro-rations due Buyer(s). f) Broker’s commissions g) one half of the escrow fee (unless VA/FHA regulations prohibit payment of escrow fees by Buyer(s) in which case Seller(s) shall pay the entire escrow fee). Tenant security deposits, if any, shall be credited in escrow to the Buyer(s). The escrow agent shall withhold $500 from the proceeds due Seller(s) for payment of Seller’s final water and sewer bills. Seller(s) shall pay all utility charges to date of possession. Buyer(s) shall pay the following through escrow (unless prohibited by VA/FHA regulations: a) one half of the escrow fee. b) one half the cost of Insuring premiums for Owners Fee Policy of Title Insurance, c) all recording fees for the deed and any mortgage and $$295 _ payable to Above & Beyond for brokerages services rendered or on the Buyer’s behalf. Sellers and Buyers hereby authorize and instruct the escrow agent to send a copy of their fully signed HUD1 Settlement Statement to their respective Brokers listed on this Agreement promptly after closing. Leases, Deposits and Attorney Review: if applicable, Sellers agree to provide Buyers with a copy of all leases and written verification of all rental deposits held by Sellers. These documents will be attached as exhibits to the Purchase Agreement. Buyer and Seller are responsible for their own attorney fees incurred in the preparation, review, approval and completion of this sale. Sellers and buyers hold Above & Beyond harmless in regard to any and all rental deposits. Buyer and Seller agree to have their respective attorneys review and approve this document and all other documents associated with this transaction within 60 days. Prorations: Rents, operating expenses and association fees, if any, shall be prorated in escrow as the date of filing the deed for record. Any security deposits shall be credited to the buyer in escrow. In addition, all real estate taxes and assessments shall be prorated as of the same date on the basis of the last available tax duplicate, provided that, if any improvements on the property are not reflected in the latest tax duplicate, the parties will adjust directly any changes in taxes and any such assessments not yet due and payable shall be assumed by buyer, unless otherwise stated. Seller warrants that Seller has not received any notice of pending assessments. All utilities are to be paid by the Seller to date of the transfer of possession. Inspections: Buyer acknowledges that it has been recommended to him/her that he/she engaged at his/her expenses, the services of a professional inspector to inspect the premises to ascertain that the condition of the premises is a called for in this agreement. Buyer further acknowledges that neither broker nor any of his agents has made any verbal representations except as set forth in writing herein. Buyer hereby certifies that all verbal promises have been reduced to writing and signed by the person making them. Neither Broker or its Agent’s nor Seller warranty the property or any of its systems beyond transfer of title to Buyer and Buyer accepts property in “as is’ condition. Buyer further acknowledges that the entire property was open for observation and that buyer had unimpeded opportunity to inspect the entire property and did inspect said property. The Buyers further understand and agree that it is not the responsibility of the brokerage firm(s) or real estate agent(s) to inspect the property and agree to waive all liability and hold harmless any brokerage firm or real estate agent connected with this transaction. PE Buyers Initials Sellers Initials Pg. 2 0f5 dotioap verified
dotloop signature verification: > 99. 100. 101, 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. Lead Based Paint: Buyer shall have the right to have a risk assessment or inspection of the property by a qualified inspector, for the presence of lead based paint and/or lead based paint hazards at Buyer’s expense within ten days after acceptance of the contract (intake lead based paint that is in good condition is not necessarily a hazard. See E.P.A. pamphlet ‘Protect Your Family from Lead in Your Home’ for more information). In the event existing deficiencies or corrections are to be identified by the inspector in their written report. Buyer shall have the right to terminate the contract or request the Seller repair the specific existing deficiencies noted on the written inspection report. In that event Buyer agrees to immediately provide Seller with a copy of the written inspection and/or risk assessment report. Upon receipt of the inspection report and buyers request of repairs, Seller will have the option to either agree to correct the deficiencies identified in the inspector's written report or decline to do any repairs. If Seller elects to correct the deficiencies, Seller agrees to provide Buyer, prior to title transfer, a certificate from a qualified risk assessor or inspector demonstration that the deficiencies have been remedied. If the Seller declines to correct the deficiencies Buyer may elect to terminate the contract or accept the property in ‘as is’ condition. Buyer may remove the right of inspection at any time without cause. Buyer hereby acknowledges receipt of a copy of E.P.A. pamphlet entitled ‘Protect Your Family from Lead in Your Home’. (initials) Mold: Buyer acknowledges that the subject property could contain the growth of mold or fungi. Buyer further acknowledges that Above & Beyond Realty and its agents have strongly advised the Buyer to obtain a professional inspection regarding the possibility of existing mold or fungi in the subject premises. Buyer further agrees to release and hold harmless Above & Beyond Realty and its agents regarding any claim that the Buyer might have regarding the existence of mold or fungi in the property. Ohio Fair Housing: It is illegal, pursuant to the Ohio Fair Housing Law, Division (H) of Section 4112.02 of the Revised Code and the Federal Fair Housing Law, 42 USCA 3601, to refuse to sell, transfer, assign, rent lease, sublease or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex. familiar or military status as defined in Section 4112.01 of the Revised Code, ancestry, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental of housing. In the financing of housing, or in the provision of real estate brokerage. Other Contingencies: This purchase agreement is contingent on the following selected terms: A) Buyer reviewing and approving of the Declarations, By Laws and Regulations that encumber this property within 45 days after acceptance. B) Buyer obtaining the necessary sewer permits to develop the land for its intended use within 45___ days after acceptance. C) Buyer obtaining a variance from the current zoning classification of to within days after acceptance and approving said zoning. D) Buyer's agree to have their attorney review and approve all documents associated with this transaction within 14 days. E) Seller's agree to have their attorney review and approve all documents associated with this transaction within 14 days. F) Other contingencies: this offer is contingent upon Addendum A - contingency Physical Condition, Zoning and Environmental Matters: Above & Beyond Realty and its agents in this transaction have no expertise with respect to the condition of the property, zoning or environmental matters. Above & Beyond Realty will not investigate the physical condition of the property or the soil Above & Beyond Realty recommends that the Buyer retain the services of qualified inspectors to discover and reveal the condition of the property, zoning or soil Buyer’s maintain full responsibility to determine the condition of the property and zoning, the stability of the soil and the existence of any environmental hazards and agree to indemnify and hold Above & Beyond and its agents harmless for any and all claims, demands, cause of actions or damages, including but not limited to the direct payment of all legal fees incurred by Re/Max Above & Beyond Realty. Damage: If ten percent (10%) or more of any building or other capital improvements is materially damaged or destroyed prior to the filing of the deed for record, Buyer shall have the option to (a) receive the proceeds of any insurance payable in connection herewith or (b) to terminate this agreement and to recover all funds theretofore paid. No responsibility of liability whatsoever is accepted by Above & Beyond Realty to inspect or otherwise determine if damage or destruction has occurred prior to transfer of title buyer shall have the right of inspection for this or any other Purpose. Pg. 30f5 Buyers initials Sellers initial datloop verified
dotloop signature verification: »y. » ver fails to perform this contract at the time and in the manner herein specified or defaults in the 152. 153. 154. 155. 156. 157. 158. 159. 160. 161, 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. performance of any of the obligations imposed by the terms hereof, Seller may, at Sellers option, treat this Agreement as null and void and earnest money shall be forfeited by Buyer in favor of Seller. State law requires that Above & Beyond Realty have a signed mutual release or court order before releasing earnest money. {All parties hereby agree to sign a Mutual Release accordingly). If Seller does not perform his obligations under this contract within said time, Buyer may, at this option, treat this contract as null and void and receive the return of earnest money, in which case Seller agrees to pay the commission as though the sale and transfer had been fully consummated. All parties hereby acknowledge receipt of a full and complete copy of this Agreement. This contract shall be binding on the Seller, the Buyer, their heirs, executors, administrators, successors and assigns. It is agreed and stipulated that if Buyer defaults in his/her/their performance of this Agreement, then Buyer shail be obligated to pay any & all commissions due Above & Beyond Realty. In the event of a dispute between the Sellers and Buyers, regarding the disbursement of the earnest money in the Broker’s trust account, the Broker is required by Ohio law to maintain such funds in a trust account until the Broker receives (a) written instructions signed by the parties specifying how the earnest money is to be disbursed, or (b) a final court order that specified to whom the earnest money is to be rewarded. If within two years from the date the earnest money was deposited in the Broker’s trust account, the parties have not provided the Broker with such signed instructions or written notice that such legal action to resolve the dispute has been filed, the Broker shall return the earnest money to the Buyers with no further noticed to the Sellers. in all events, at closing of the transaction, the Broker shall have the right to apply earnest money being held by Broker against the real estate commission owed the Broker as a result of said closing. Buyer’s Examination: Buyer is relying solely upon his/her own examination of the real estate and inspections herein required, if any, for its physical condition, character and suitability for Buyer’s intended use and not relying upon any representations by the Brokers, except for those made by Broker's directly to the Buyer in writing. Buyers have been advised to obtain professionals to evaluate the physical condition of the property, zoning, environmental matters and/or any other concerns/conditions relating to the purchase of the property. Seller Indemnity: Seller agrees to defend, indemnify and hold harmless Brokers and their agents and employees for any cost or liability that may be incurred by or imposed on Broker's for any breach by Seller of any representation of warranty or for any misrepresentation or concealment of fact by Seller in connection with the property. COMMISSIONS: SELLER AND BUYER ACCEPT THE ABOVE OFFER AND AGREE TO PAY, BY IRREVOCABLE ASSIGNMENT OF ESCROW FUNDS A COMMISSION OF: 3.5% of sale price Buyer Address (Print name) City, State, Zip Phone Email Date Buyer Address (Print name) City, State,Zip Phone Email Date Above & Beyond Realty: Agen Phone. Emailnickhardyrealestate@gmail.com License Number SAL.2022007225 ACCEPTANCE: Seller accepts the above offer and by irrevocable assignment of escrow funds, hereby instructs the escrow agent to pay from Seller’s escrow funds a Brokerage Commission as follows: Sellers to pay a commission of $ and/or 3.5 % of the purchase price to RE/MAX Above & Beyond Realty, 18332 Bagley Road, Middleburg Heights, Ohio 44130, AND the Co Broke Company to be paid as per Listing Agreement. If the property was listed by Re/Max Above & Beyond Buyers and Sellers will each be charged an additional $$295 4s part of the real Buyers initials Sellers initials Pg. 40f5 estate commission. dotloop verified
dotloop signature verification: .) - 196. 197. 198. 199. 200. 201. 202. 203. 204, 205. 206. 207, 208. jattoop verified Fiabe. Kozel aarnarhe 12:29 PM EST j[Patlieet —__—_—SBRa | Address 18077 RIVER AVE (Print name)Pau! Kozel City, State, ZipNoblesville, IN 46062 Phone 765-749-2015 Email Date Seller Address" (Print name) City, State, Zip Phone Email Date Selling Agent Name, Telephone and Email Listing Agent Name, Telephone and Email Nicholas Hardy Nicholas Hardy 216-799-9333 216-799-9333 nickhardyrealestate@gmail.com nickhardyrealestate@gmail.com Broker: 18332 Bagley Rd. Suite D, Middleburg Hts. OH 44130 _Listing Broker Mark Snyder Selling Agent License #SAL.2022007225 Listing Agent LicenseSAL.2022007225 Selling Broker: RE/MAX Above & Beyond File #: 2002010114 Listing Broker Name and file ## 2002010114 THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. IF YOU HAVE ANY QUESTIONS OF LAW, CONSULT YOUR ATTORNEY. Buyers initials Sellers initials Pg. Sof 5 dottoop verified t
ADDENDUM A - CONTINGENCY This Addendum A is attached to and made part of the Commercial Purchase Agreement dated ___ February 2, 2026, between The City of Fairview, Ohio ("Buyer") and Ji Capital One LLC for the property located at 22100 Mastick Rd, Fairview Park, Ohio 44126. FUNDING AND APPROVAL CONTINGENCY: This purchase agreement is expressly contingent upon Buyer's receipt of sufficient funds and obtaining necessary approvals from Cuyahoga County and Fairview Park City Council to complete this purchase within ninety (90) days from the date of acceptance of this agreement (“Contingency Period"). 1, Contingency Period: Buyer shail have until _ April 3, 2026. to: . o Secure and receive confirmation of funding from Cuyahoga County in the amount necessary to complete this transaction, AND o Obtain approval from Fairview Park City Council to proceed with this purchase; AND o During the contingency period the Buyer shall have exclusive and enforceable right to purchase the property and Seller shall not market or entertain any offers to purchase during the contingency period. 2. Notice of Funding and Approval: Buyer agrees to provide Seller with written notice of funding approval/denial and City Council approval/denial within the Contingency Period. 3. Right to Terminate: If Buyer does not receive both (a) confirmation of funding from Cuyahoga County AND (b) approval from Fairview Park City Council within the Contingency Period, Buyer may terminate this agreement by providing written notice to Seller on or before the expiration of the Contingency Period, and all earnest money shall be returned to Buyer AND (c) this contract shall be cancelled. 4. Waiver: Buyer may waive this contingency at any time by providing written notice to Seller. This Addendum A is a material and contingent term incorporated into and made part of the Purchase Agreement. BUYER, The City of Eairview, Ohio By ae fee ih 2 chee sch Caan f wlaey ey SELLER: JL Capital One, LLC - Paul L. Kozel - managing member ye a
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council FROM: Mayor Bill Schneider RE: Ordinance for Purchase Agreement for 22100 Mastick Road DATE: March 2, 2026 The Administration of the City of Fairview Park (“City”) requests passage of the following legislation with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH JL CAPITAL ONE, LLC FOR THE PURCHASE OF THE REAL PROPERTY LOCATED AT 22100 MASTICK ROAD, FAIRVIEW PARK, OHIO, AND DECLARING AN EMERGENCY JL Capital One, LLC is the owner of the real property located at 22100 Mastick Road, Fairview Park, Ohio, Permanent Parcel No. 331-13-052 (the “Property”). The City of Fairview Park (“City”) has offered to purchase the Property. The Property, which has been vacant for approximately ten (10) years, consists of approximately 2.64 acres and includes an existing building. The City intends to acquire the Property to relocate its Service Department operations from their current location at 20777 Lorain Road. The new site will serve as a centralized hub for sewer maintenance, public works operations, fleet storage, Service Department administrative offices, and union personnel. On February 24, 2026, the Cuyahoga County Council adopted Resolution 2026-0023 approving the reallocation of one million dollars ($1,000,000.00) in previously awarded AARP funds to support the acquisition of the Property, as well as associated design and engineering costs. The City has determined that the purchase of the Property, under the terms and conditions set forth herein, is in the best interest of the City. Cc: Liz Westbrooks, Clerk of Council Mayor Bill Schneider A. Steve Dever, Law Director Jennifer Pae, Finance Director/HR Manager Kim Kerber, City Engineer
THE CITY OF FAIRVIEW EST. DA RK 1910
The City is investing in the future of public works through the purchase of 22100 Mastick Road. Service Garage Improvement Project
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Traffic Department
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Salt Dome Interior
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Lift Area Ceiling
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a First Aid Center LPLACEMENT IERSION CHART, R ENGINE SIZ] Desk/Office Area
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DRAFT: Preliminary Design of Site Can Pear
Key Project Questions • What are the alternatives? • What is the project timeline? • Are there concerns about loss of commercial property? • How will the sound influence neighbors? • How will this impact traffic in the area?
Please contact Megan Otter, Assistant Development Director, or Bryan Hitch, Service Director for questions or comments regarding the Service Garage Improvement Project. Megan’s Email: Megan.Otter@fairviewparkohio.gov Bryan’s Email: Bryan.Hitch@fairviewparkohio.gov
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Ordinance 26-12 Amended | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26-12 AMENDED ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN MANN AN ORDINANCE ACCEPTING THE DEDICATION OF A THIRTY-FOOT (30’) PUBLIC RIGHT OF-WAY ALONG PORTIONS OF WEST 220 STREET AND MASTICK ROAD AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park (“City”) has received an offer of dedication for a thirty-foot (30’) public right of-way easement along portions of West 220 Street and Mastick Road, as more fully shown on the Lot Consolidation Plat incorporated herein as Exhibit “A”; and WHEREAS, the dedication of said public right-of-way is necessary to accommodate public infrastructure improvements, ensure safe and efficient vehicular and pedestrian traffic, and serve the general public interest; and WHEREAS, pursuant to the authority granted to municipalities under the Ohio Revised Code, including but not limited to Sections 723.01 and 723.03, municipalities are authorized to accept and regulate public streets, rights-of-way, and easements for public use; and WHEREAS, the acceptance of this right-of-way will allow the City to maintain, improve, and operate public roadways and related facilities within the easement area; and WHEREAS, it is in the best interest of the City and its residents to formally accept said dedication at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That Council hereby accepts the dedication of a thirty-foot (30’) public right-of-way for West 220 Street and Mastick Road, as shown on Exhibit A, for public street and right-of-way purposes. SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 26-12 Amended | Page 2 PASSED: 1st reading: 02.17.26 APPROVED: 2nd reading: 03.02.26 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
Lewis Land Professionals, Inc Civil Engineering & Surveying 8691 Wadsworth Rd. Suite 100 Wadsworth, Ohio 44281 Phone: (330) 335-8232 www.landprosinc.com
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Director FROM: Bill Schneider, Mayor RE: Ordinance for Public Right-of-Way along portions of West 220 St. and Mastick Rd. DATE: February 17, 2026 Revised February 24, 2026 The Administration of the City of Fairview Park requests passage with three (3) readings of the following with emergency enactment: AN ORDINANCE ACCEPTING THE DEDICATION OF PUBLIC RIGHT OF- WAY OF A PORTION OF WEST 220 STREET AND A PORTION OF MASTICK ROAD AND DECLARING AN EMERGENCY The City of Fairview Park (“City”) has received an offer of dedication for a thirty-foot (30’) public right-of-way along portions of West 220 Street and Mastick Road, as more fully described in the Consolidation Survey Plat attached hereto and incorporated herein as Exhibit A. Pursuant to the authority granted to municipalities under the Ohio Revised Code, including but not limited to Sections 723.01 and 723.03, municipalities are authorized to accept and regulate public streets, rights-of-way, and easements for public use. Right-of-way is necessary to accommodate public infrastructure improvements, ensure safe and efficient vehicular and pedestrian traffic, and serve the general public interest. The City was made aware of the right-of-way dedication by the Fairview Park School District, which is in the process of consolidating parcels. During that process, it was discovered that the public right-of-way along portions of West 220 Street and Mastick Road were never formally dedicated. Cc: Liz Westbrooks, Clerk of Council A. Steve Dever, Law Director Bryan Hitch, Service Director Walter Maynard, Building Commissioner
Ordinance 26-13 Amended | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26-13 AMENDED ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN MANN AN ORDINANCE TO VACATE WEST 228 STREET AND WEST 229 STREET SOUTH OF INTERSTATE 480 FROM INTERSTATE 480 TO MAPLE DRIVE, LOCATED WITHIN THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Ohio Revised Code Section 723.04, the Council of a municipal corporation has the authority to vacate public streets or portions thereof when it is determined that such streets are not required for public use; and WHEREAS, the sections of West 228 Street and West 229 Street, located south of Interstate 480 from Interstate 480 to Maple Drive within the City of Fairview Park, Ohio, are no longer necessary for public travel or public use; and WHEREAS, the sections of West 228 Street and West 229 Street proposed to be vacated are depicted on a map entitled “Street Vacation Map” prepared Mannik and Smith Group, the City Engineer, attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, the vacation of said streets will not adversely affect public access, utilities, or the general welfare of the City, and any existing utility easements shall remain in full force and effect unless otherwise provided by law; and WHEREAS, Council has determined that it is in the best interest of the City and its residents to vacate the sections of West 228 Street and West 229 Street located south of Interstate 480 from Interstate 480 to Maple Drive. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That Council hereby vacates the sections of West 228 Street and West 229 Street, or portions thereof, located south of Interstate 480 from Interstate 480 to Maple Drive within the City of Fairview Park, Ohio, as public streets, as shown on Exhibit A. SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 3. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety and welfare; and for the further reason that it will allow for the City to move forward with the purchase of the property from the Ohio Department of Transportation, and provided it receives the affirmative vote of
Ordinance 26-13 Amended | Page 1 a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 02.17.26 APPROVED: 2nd reading: 03.02.26 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
O’DELL, HELEN J. PPN 237-—22-024 1.007 ACRES —wW ———__ —uwWwW«~X HIRZ, JOHN R. & LYNN M. PPN 237-—22-023 1.058 ACRES NORTH, OWEN & YOUNG, MADELENE PPN 237-—22-022 1.137 ACRES ——uwWH —wW —uwW~X COPAN, GEORGE & COPEN, ALICE PPN 237-—22-021 1.012 ACRES uo ——wW —wW WEISS, WALTER J PPN 237-—22-020 1.188 ACRES KOVACIK, GERARD J & KATHLEEN A TRS PPN 237—06-—030 1.5 ACRES \| N_01'20°45”" |E 408.33’ 1/2” IP FND AND | USED FOR LINE I SYCAMORE IP MON. FND & USED DRIVE VAGATION PLAT FOR A PORTION OF WEST 229TH ST AND WEST FAIRVIEW PARK 223TH ST IN THE GITY OF SITUATED IN THE CITY OF FAIRVIEW TOWNSHIP SEC 55, 62, 63, SUBDIVISION CUYAHOGA COUNT =|> gye O]N Nj} © S| a wn Yt 1 75.00’ D&U oo es — ;—— oe - 54.06’ D | [x] 54.49’ C&U i aa by THE TORRENIZED ESTATES CO’S aa mn GOLDWOOD GARDENS Fe VOLUME 85, PAGE 16 CCM. pa ! HH | an nN | Ey HILLMAN, CATHERINE | O) |ppN 331-07-010 LEGG ALICE C. FARBER, M SUE SEROMA M GEDEON, 0.32 ACRES STASIK, LEON E. PEN WIEMELS, PPN JEFFREY A. am PPN 331—-07-044 513 ACRES pPH 551-07—012 — RIFFLE, DALLAS CHRISTIE MITZO, & JANELL M. | Sago, PAUL J. - | a) 0.32 ACRES 53107-0171 Jr213 ACRES PRN PPN DONALD A. 53107041 ROBERT W. PPN i Te CNIS oR per atToe 0.213 ACRES OOS ACRES aoa noees 53) 07-014 0.213 ACRES 53) -07-015 oo hopes | THE TORRENIZED ESTATES COQ’S EY OTS ACRES O91 ACRES 0.232 acres fo RS \) | GOLDWOOD GARDENS ” 1/2” IP FND. , \) | VOLUME 83, PAGE 16 C.C.MR. ca] 0.00" N 1/2” IP FND. | NORRIS, BARBARA ANN & = 0.28 E r ELIZABETH SUE 50.00" D&U\¥0.00’ D&U , , PPN 331-07-043 90.00’ D&U | 50.00’ D& ! 0.364 ACRES Ul;50.00" D&U 50.00’ D&U = S_88°27'30” E 198.49’ A b S 88°27'30" MAPLE DRIVE (60’ ” - _ ? ’ ” 72.07 5/8 | IP FND. BENT 370.00" R&U - ) 668.06 R 667.98 C&US 88'27°30" £ 79.02" Cau . 7° zy)” DEDICATED BY PARKVIEW , en Ql, 2? D7? Zz” Q] 0.98" E S 88'27°30" E Gangs SUBDIVICION 370.00° R&U S$ 882813” E S 88°27'30" E *zAqn 60.01’ 137.117 A=39.36’ MM MIST : > oe a0" PARKVIEW =39.18" ili ili A=39.36 < " R=25.00 A=39.18 Alita ill R=25.00' 08 5/8" IP FND. BENT s=90°11"45" GARDENS =25.00° PUTA I ul R280 ete an os C=35.42" SUBDIVISION o=B048 1 TO AL cagsa0 38 S/ 709 0.30 E B=S 46°26’38” W VOL. 168, PG. 37 C.C.M.R C=35.29 Ol <| co Ne) -_ oe ane’ ko” N 7 T=25.09’ B=N 43°33'22” W N Ri | Ps d B=S 46 26 8” W 59 58 Te2aor SPEH ON SPS 1=25.09 SY Z 60 56 atl lll eg |S | 5 / [all ites i PPN: NOT AVAILABLE ON GIS [02 ae H 2 PARCEL NO. 516 WL Is Ei | 51 29°44” P . i! f N 72°29 44° E VOL. 12314, PG. 5 C.C.D.R. ry llitl, 02 H 63.47’ TE IH | | . AREAS BEING VACATED LTE GIB IND P MONUMENT USED RON PIN SET RON PIN FOUND ONUMENT RIGHT—OF —WAY CENTERLINE DEED FOR ADJACENT Pp C D ee || | | | | t O WO 7 OI Y T or A < O ROPERTY UYAHOGA COUNTY FED RECORDS CUYAHOGA COUNTY MAP RECORDS REFERENCE DOCUMENTS BASED ON GOLDWOOD GARDENS PLAT DATED JUNE 21, 1923, VOL. 83, PG. 16 CUYAHOGA COUNTY MAP RECORDS. BASED ON A MACKAY VACATION PLAT DATED JULY 10, 1997, VOL. 285 PG. 40 OF CUYAHOGA COUNTY MAP RECORDS. BASED ON A WARRANTY DEED DATED APRIL 23, 1968, VOL. 12314, PG. 5 OF CUYAHOGA COUNTY DEED RECORDS. A PLAT OF LOT SPLIT AND CONSOLIDATION FOR BASED O PG. 44 CUYAHOGA COUNTY FAIRVIEW OFFICE PARK, VOL. 322, MAP RECORD. PARKVIEW GARDENS SUBDIVISION PLAT DATED 168 PG 37 CUYAHOGA COUNTY MAP BASED ON OCTOBER 1955, VOL. RECORDS. BASED ON A GUTOSKEY & ASSOCIATES INC. PLAT DATED JULY 08, 2003, INST. NO. 200308081123 CUYAHOGA COUNTY MAP RECORDS. BASED ON BARNEY J. SCHWARZER’S PLAT DATED JANUARY 23, 1990, VOL. 168, PG. 37 CUYAHOGA COUNTY MAP RECORDS. SURVEYOR’S CERTIFICATION THIS MAP AND THE SURVEY ON WHICH IT IS BASED ARE MADE IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR BOUNDARY SURVEYS N THE STATE OF OHIO AS SET FORTH IN CHAPTER 4733-37 OF THE OHIO ADMINISTRATIVE CODE. DIMENSIONS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL PARTS THEREOF, BEARINGS SHOWN HEREON ARE TO AN ASSUMED ERIDIAN AND ARE TO INDICATE ANGLES ONLY. @ IRON PIN SET INDICATES 30” LONG; 5/8” DIAMETER REBAR SET WITH CAP STAMPED ”“MANNIK & SMITH GROUP”, ALL OF WHICH | CERTIFY TO BE CORRECT. DATE PAUL WANDER, P.S. #8728 BASIS OF BEARING BEARINGS CONTAINED HEREIN ARE BASED ON MAPLE DRIVE BEING S 88°27’30" E THE CENTERLINE OF PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO AND KNOWN TION NO. S AND ALSO KNOWN AS B 75 AND 76; AND PART OF WEST 229TH STREET AND WEST OF PART OF ORIGINAL ROCKPORT TOWNSHIP SECTION NO, 5 AS SHOWN BY THE RECO TY MAP RECORDS, AND ALSO A PORTIONS OF VACATED WEST 227TH STREET AS VACATED IN ORDINANCE 97-59 DATED 6/15/1997. EING ALL OF SUBLOTS NO. 56 TO 61 AND 77 TO AS BEING PART OF ORIGINAL ROCKPORT 81; PART OF SUBLOTS 21, 36 TO 40, 54, 228TH STREET IN BARNEY J. SCHWARZER’S PARKVIEW GARDENS a —— oo 7017 RDED PLAT IN VOLUME 168, PAGE 37 OF C 4 Lo O Z 0 50' 100° 150' SCALE: 1” = 50’ FEBRUARY 23, 2025 — PREPARED BY — Pearl Road, Suite #2A, Middleburg Heights, Ohio 44130 (440) 886-4500, WWW.MANNIKSMITHGROUP.COM JOBEWP22209
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Director FROM: Bill Schneider, Mayor RE: Ordinance for Vacation of Streets DATE: February 17, 2026 Revised February 24, 2026 The Administration of the City of Fairview Park requests passage with three (3) readings of the following with emergency enactment: AN ORDINANCE TO VACATE WEST 228 STREET AND WEST 229 STREET FROM INTERSTATE 480 TO MAPLE DRIVE, LOCATED WITHIN THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY. Pursuant to Ohio Revised Code Section 723.04, the Council of a municipal corporation has the authority to vacate public streets or portions thereof when it is determined that such streets are not required for public use. The sections of West 228 Street and West 229 Street, located from Interstate 480 to Maple Drive within the City of Fairview Park (“City”), Ohio, are no longer necessary for public travel or public use. The sections of West 228 Street and West 229 Street proposed to be vacated are depicted on a map entitled “Vacation Plat” prepared by Mannik and Smith Group, the City Engineer, attached hereto and incorporated herein by reference as Exhibit A. The vacation of said streets will not adversely affect public access, utilities, or the general welfare of the City, and any existing utility easements shall remain in full force and effect unless otherwise provided by law. The vacation of portions of West 228 Street and West 229 Street is required for the City to purchase this property from the Ohio Department of Transportation. Authorization for the purchase will be presented to City Council for consideration following the adoption of this Ordinance. Cc: Liz Westbrooks, Clerk of Council A. Steve Dever, Law Director Bryan Hitch, Service Director Walter Maynard, Building Commissioner
Ordinance 26-14 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26-14 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN GREENFIELD AN ORDINANCE ACCEPTING THE 2026 NORTHEAST OHIO PUBLIC ENERGY COUNCIL ENERGIZED COMMUNITY GRANT TO PROVIDE FINANCIAL ASSISTANCE FOR ENERGY EFFICIENCY PROJECTS OR ENERGY INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE CITY ADMINISTRATION TO FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park (“City”) is a member of the Northeast Ohio Public Energy Council (“NOPEC”) and is eligible for the 2026 NOPEC Energized Community Grant (“NEC Grant”), as provided for in the NEC Grant program guidelines; and WHEREAS, the City has been awarded forty-six thousand one hundred forty-three dollars ($46,143.00) through the 2026 NEC Grant program to fund energy efficiency and/or energy infrastructure projects in the community; and WHEREAS, the City wishes to enter into a Grant Agreement with NOPEC in the form presented to City Council to receive one or more NEC Grant(s); and WHEREAS, the NEC Grant Program covers one hundred percent (100%) of all project costs up to the amount awarded. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the City hereby accepts the 2026 NEC Grant award in the amount of forty-six thousand one hundred forty-three dollars ($46,143.00) and extends its appreciation to NOPEC. SECTION 2. That the Mayor and City Administration are authorized to file all documents and execute all agreements necessary to accept the award of the 2026 NEC Grant and receive any grant funds and appropriate such funds solely for purposes described in this Ordinance. SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of public peace, health, safety and welfare; and provided it received an affirmative vote of a majority plus one of the members elected to Council, it shall take effect and
Ordinance 26-14 | Page 2 be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 02.17.26 APPROVED: 2nd reading: 03.02.26 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President King and Members of City Council FROM: Mayor Bill Schneider RE: Ordinance Accepting the 2026 NOPEC Energized Community Grant DATE: February 17, 2026 The Administration of the City of Fairview Park requests passage of the following ordinance with three (3) readings and emergency enactment: AN ORDINANCE ACCEPTING THE 2026 NORTHEAST OHIO PUBLIC ENERGY COUNCIL ENERGIZED COMMUNITY GRANT TO PROVIDE FINANCIAL ASSISTANCE FOR ENERGY EFFICIENCY PROJECTS OR ENERGY INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE CITY ADMINISTRATION TO FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY Established by the Northeast Ohio Public Energy Council (“NOPEC”), the primary goal of the Energized Community Grant (“NEC Grant”) is to provide grant funds to communities for the implementation of energy savings or energy infrastructure measures. The City of Fairview Park has been awarded the following grant funds from NOPEC: 2018 $70,176 2021 $47,011 2024 $45,294 2019 $68,456 2022 $47,832 2025 $46,193 2020 $65,182 2023 $51,420 NEC Grant funding has been successfully utilized in previous funding cycles. In 2018, funding was used to replace the Senior Center roof, and in 2019 funds were used towards the Police Department locker room renovation. The 2020 and 2021 funds were used for the design fees for the new Service Facility. NEC Grant funding will be used to continue the City’s efforts to reduce energy use and promote sustainability within the community.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org Legislation authorizing communities to accept NEC Grant funding is required by NOPEC. The City Administration respectfully requests passage of the above Ordinance to accept the above-described funding by the June 30, 2026, deadline. Cc: A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Megan Otter, Assistant Development Director Liz Westbrooks, City Council Clerk
Ordinance 26-15 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26-15 REQUESTED BY: BRYAN HITCH, SERVICE DIRECTOR SPONSORED BY: COUNCILWOMAN GREENFIELD and COUNCILWOMAN MANN CO-SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE MAYOR AND SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH CUYAHOGA COUNTY DEPARTMENT OF PUBLIC WORKS FOR CORE SERVICES AND ADDITIONAL SERVICES AND DECLARING AN EMERGENCY WHEREAS, the Mayor and Service Director request authorization to enter into an agreement with the Cuyahoga County Department of Public Works (CCDPW) to perform storm and sanitary sewer cleaning, televising services, other sewer work (“Core Services”), and other Additional Services as necessary within the City of Fairview Park (“City”) and further described in Exhibit “A”. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The CCDPW offers Core Services and Additional Services. Core Services are services related to sewers and Additional Services are services, such as road work, mutually agreed upon by the City and the CCDPW. Fees for such Additional Services shall be agreed upon by both Parties. SECTION 2. That the Mayor and Service Director of the City of Fairview Park are hereby authorized to enter into an agreement with the CCDPW to perform Core Services and Additional Services within the City in an amount not to exceed four hundred thousand dollars ($400,000.00). SECTION 3. That the Core Services shall be paid from the Sanitary Sewer Fund (Fund 510) and the Additional Services shall be paid from the Street Construction Maintenance Fund (Fund 210). SECTION 4. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 26-15 | Page 2 PASSED: 1st reading: 02.17.26 APPROVED: 2nd reading: 03.02.26 3rd reading: _______________________________ Bridget C. King, Council President _______________________________ Bill Schneider, Mayor _______________________________ Liz L. Westbrooks, Clerk of Council
Exhibit A 2026 DIRECT BILL CONTRACT for SANITARY & STORM SEWER MAINTENANCE by and between CUYAHOGA COUNTY, OHIO and the CITY OF FAIRVIEW PARK, OHIO THIS CONTRACT (the “Contract”), effective as of the latest date of signature of the Parties to it (the “Effective Date”), is made and entered into by and between Cuyahoga County, Ohio a body corporate and politic and a political subdivision of the State of Ohio organized and existing under the Charter of Cuyahoga County effective January 1, 2010, as same may have been amended, modified, and supplemented to the effective date hereof (the “County”) and City of Fairview Park, Ohio (“City”), a municipal corporation, pursuant to the authority of Ordinance No. by the City Council on WHEREAS, the City owns and operates certain sanitary and storm sewers, catch basins, manholes, culverts, and storm water detention and retention basins located in the public right of way and in or along easements (hereafter referred to as the “City Sewers”) and any future improvements to the City Sewers or newly constructed City Sewers may similarly be owned by the City; and WHEREAS, the City desires to retain the County to perform certain services relative to the City Sewers, as determined from time-to-time, to further advance the City’s sanitary and storm sewer maintenance program; and WHEREAS, the City desires the County to direct bill the City for performing said services as indicated in the Hourly Rate Sheet, attached hereto as Exhibit A; and NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and the County agree as follows: SECTION I. AGREEMENT AND TERM A. Scope of Agreement. During the Term of this Contract, County shall provide sanitary and sewer maintenance services and any additional services requested by the City(“Services”) to the City pursuant to the tasks and associated hourly rates as listed in Exhibit A, which is fully incorporated into this Contract. If a discrepancy exists between the terms of the Exhibit and this Contract, the terms of this Contract will be controlling and binding. Any discrepancy that exists between the terms of the Exhibit and the Contract will be interpreted in favor of the County.
(1) (2) (3) (4) Upon written request from the City, the County agrees to provide the following storm and sanitary sewer system services (“Core Services”) to the City: a. Mainline storm and sanitary sewer cleaning and televising; and b. Maintenance and repair of mainline storm and sanitary sewers in the public right-of-way of public easements; and c. Maintenance and repair of storm and sanitary sewer lateral services lines in the public right-of-way and public easements. County shall not be responsible for cleaning storm and sanitary sewer lateral service lines and lateral connections located on private property; and Engineering services; and Pump station maintenance; and Cleaning, maintenance, and repair of catch basins and manholes; and Construction inspection; and Emergency services such as sewer backups, breaks and other malfunctions of the City Sewers as described herein; and i. Inflow and infiltration inspection. ro he a The Parties agree that the City may, by written submission, request additional services from the County in addition to Core Services. The City agrees to pay the actual documented cost incurred by the County in providing such additional services, including an appropriate amount of overhead attributable to the performance of these services. Each request for Core Services from the City shall include all existing record plans, a map describing the area where the work is to be performed and a detailed scope of services. In response to the City’s request, the County will perform a field investigation and prepare a cost estimate for the Core Services described in the detailed scope of services submitted by the City. The County will bill the City for the actual number of hours expended for performing a cost estimate for each request. If the County determines that the request for Core Services necessitates additional work than originally estimated, the County will contact the City for further instruction on how to proceed. The County shall start performing the Core Services requested by the City upon receiving written approval from the City. In addition to Core Services, the City may request Emergency Services from the County, including, but not limited to, response to sewer backups, sewer breaks, and other malfunctions of the City Sewers. In the event the City requires the County to perform Emergency Services, the City shall submit to the County a description of the scope of services for a specific location. The County will make its best efforts to respond within two (2) hours of receipt of a written or verbal request for Emergency Service, except in circumstances of extreme weather or other circumstances beyond its control. In any such circumstances that prevent the response by the County in this time period, the County shall advise the City verbally or in writing immediately and provide an alternative time for response.
(5) (6) (7) Term. (i) (2) In addition to the Core Services and Emergency Services, the City may request the County perform such other Additional Services as are mutually agreed upon by the Parties. Prior to performing any such Additional Services, the Parties shall agree upon a fee for such services, which shall be documented in a separate written Scope of Work, which shall be subject to the terms and conditions of this Contract to the extent they do not conflict with the terms of the Scope of Work. The City shall be responsible for acquiring and paying for any and all permits, easements, and rights of entry necessary for the construction, operation, maintenance, and repair of City Sewers requested by the City to be performed by the County. If the City determines that there is any imminent risk to public safety or property, the City may suspend the work of the County immediately upon verbal or written notice and shall provide a written explanation of the suspension and steps needed to resume work. The initial term of this Contract shall commence on the Effective Date and, unless earlier terminated in accordance with the provisions of this Contract, shall continue in effect for a period of one (1) year from the Effective Date through December 31, 2026. The Parties may exercise the option to renew this Contract for an additional term of twelve (12) calendar months thereafter if both parties agree in writing. Cost. The total annual cost of this Contract shall not exceed four hundred thousand dollars ($400,000.00). (1) (2) In consideration for providing the Core Services, including performing preliminary field investigations and cost estimates, the City shall pay the County according to the rate structure set forth in the Hourly Rate Schedule, attached hereto and incorporated in this Contract as Exhibit A. The City agrees that the Hourly Rate Schedule applies only to Core Services performed by employees of the County. All other Core Services performed by parties other than employees of the County will be billed for actual documented costs incurred plus a 5% administrative/overhead fee (not to exceed $5,000.00 per invoice), attributable to the performance of these services. The County agrees to provide the City with six (6) months’ advance notice of any sanitary rate increase. In consideration for performing Emergency Services, the City shall pay the County on a time and materials/force account basis. In the event the emergency services are performed by parties other than employees of the Sewer Division, the City shall pay for actual documented costs incurred by the County, which shall include an appropriate amount of overhead attributable to the performance of these services.
(3) | The County shall provide detailed invoices to the City after completion of Core Services and emergency services, but no more frequently than monthly. The invoices shall provide a detailed explanation of the work completed, the time for completion, the hourly rate, or if a lump sum is agreed to, the agreed price. (4) The total amount to be paid by the City to the County for work performed under this Contract shall not exceed the total cost of the Contract listed above unless the City agrees in writing to additional compensation. The County shall not provide any services under this Contract that would cause the contract amount for the year 2026 to exceed the maximum amount stated in this section I(C) unless the City has agreed in writing to pay the additional compensation. SECTION I. PAYMENT AND INVOICING Invoicing. The County shall invoice the City quarterly for the Services outlined in the Exhibits upon execution of this Contract. The County shall submit original invoice(s) to the following address: Payment. During the Term of this Contract, the City shall pay the County quarterly for the Services outlined in the Exhibits upon receipt and approval of said invoice by the City. The City shall pay any invoice within thirty (30) days after receipt unless the City advises the County of any discrepancy in the invoice. Once any claimed discrepancy is resolved, the City shall pay within thirty (30) days thereafter. No interest, fees, or charges shall be added to any invoice. The terms set forth herein shall supersede any and all terms and conditions set forth on an invoice or purchase order, and any and all such terms and conditions shall be null and void. Unauthorized Services. In order to protect the interest of Cuyahoga County this Contract must be executed by the County before any services can be rendered. SECTION III. INDEMNITY AND LIABILITY Indemnification. Both Parties acknowledge that, as political subdivisions of the State of Ohio, neither Party can indemnify any person or entity. Both Parties agree that no provision of this Contract or any other contract or agreement between City and the County may be interpreted to obligate either Party to indemnify or defend the other Party or any other party thereto. Each Party assumes responsibility for its own acts, omissions, negligence, and intentional acts that may cause damage or injury. SECTION IV. TERMINATION Termination for Default. Either party may terminate this Contract, in whole or in part, whenever such party determines that the other has failed satisfactorily to fulfill its material obligations and responsibilities hereunder and is unable to cure such failure within a reasonable period of time, not to exceed thirty (30) calendar days, however, if the failure of the material obligation or responsibility cannot reasonably be cured within said thirty 4
(30 day period, the party in default shall not be in default hereunder so long as such party begins the cure within the said thirty (30) day period and diligently pursues the cure to completion. Such termination shall be referred to as “Termination for Default.” If the defaulting party is unable to cure the failure within the specified time period, the party seeking to terminate may, by giving written notice thereof to the defaulting party, terminate this Contract, in full or in part, as of the date specified in the notice of termination. The County, however, shall be paid for all documented services and/or materials provided on or prior to the date of termination. Termination for Financial Instability. In the event that City becomes financially unstable to the point of ceasing to conduct business in the normal course, making a general assignment for the benefit of creditors, or suffering or permitting the appointment of a receiver for its business or its assets, or there is a filing by or against City of a meritorious petition in bankruptcy under any bankruptcy or debtor’s law, the County may, at its option, immediately terminate this Contract under Section 4.1, the “Termination for Default” clause, by giving written notice thereof. Termination for Convenience. The County may terminate this Contract or any order under this Contract for its convenience and without cause. Any notice of termination will be effective thirty (30) days after the party receives it. If the termination is for the convenience of the County, City will be entitled to compensation for any Services that City has delivered before termination. Any fees paid in advance shall be returned to the County at a prorated amount. No early termination fees shall apply to the County. If the City determines that there is any imminent risk to public safety or property, the City may suspend the work of the County immediately upon verbal or written notice and shall provide a written explanation of the suspension and steps needed to resume work. SECTION V. CONFIDENTIALITY Information. During the Term of this Contract, each party hereto may disclose information (“Information”) to the other party by a variety of means, including oral presentations, provision of documents or portions thereof, samples or other physical materials, visual inspection or otherwise. For purposes of this Contract, the term “Disclosing Party” shall refer to either Party hereto and any of its parents, subsidiaries, affiliates, partners, members, and employees (collectively “Representatives”) in connection with such party’s disclosure of Information to the other party and the term “Recipient” shall refer to either party hereto and any of its Representatives hereto in connection with such party’s receipt of Information from the other party. Either party hereto shall cause any of its Representatives that receives Information to be bound by all terms of this Contract. Information may or may not be expressly identified as “confidential” at the time of its disclosure to the Recipient. Such identification shall not be a condition to the protection of Information hereunder.
Disclosure. The Recipient shall (1) Maintain the confidentiality of any Information disclosed; (2) Not disclose or permit the disclosure of any Information to any person other than those expressly described in this Contract; (3) Not use Information except for the limited purpose of the commercial relationship between the parties; and (4) Protect Information from disclosure or other misuse with the same degree of care as the Recipient uses to protect the Recipient’s own most valuable confidential information (but in no case with any less than reasonable care). The Recipient shall immediately notify the Disclosing Party of any disclosure of any Information which is not permitted by this Contract or other misuse of any Information or breach of this Contract. Unless otherwise expressly authorized in writing by the Disclosing Party, the Recipient shall, to the extent reasonably possible, but without limiting the Recipient in its use of Information as permitted herein, limit disclosure of Information to those employees and/or agents of Recipient for whom such knowledge is essential for the purposes set forth in this Contract (“Other Persons”), and limit the number of any copies made of physical materials containing any Information. The Recipient shall cause any Other Persons who receive Information from the Recipient to be bound by all terms of this Contract. Without limiting the direct liability of any Other Persons that may have received Information directly or indirectly from the Recipient, the Recipient shall be responsible for the disclosure or other misuse of Information by any Other Persons, and the Recipient shall immediately take such steps as may be necessary to terminate any continuing disclosure or misuse by any Other Persons of which Recipient becomes aware. Exclusions. The obligations of this Contract shall not apply to, and “Information” shall not include, any information which the Recipient can prove: (1) Is in the public domain in a collected form on the date of disclosure by the Disclosing Party to the Recipient; (2) | Comes into the public domain other than by direct or indirect disclosure by the Recipient or a party receiving the information from the Recipient; (3) Is lawfully obtained from the County under circumstances which allow the Recipient to freely disclose the information to any other party without confidentiality restrictions; (4) Is already known to the Recipient on the date of disclosure by the Disclosing Party to the Recipient other than as a result of disclosure from the County; or (5) Isdeveloped independently by the Recipient without making use of any information received from the Disclosing Party.
C. Release. In the event that the Recipient or any of its Representatives becomes legally compelled (or requested by an applicable regulatory body) to disclose any of the Information, the Recipient will provide the Disclosing Party with prompt written notice, unless providing such notice would violate applicable law or regulation, so that the Disclosing Party may seek, at its sole cost, a protective order or other appropriate remedy (and if the Disclosing Party seeks such an order, the Recipient will provide such cooperation as the Disclosing Party reasonably requests) and/or waive compliance with the provisions of this Contract. In the event that such a protective order or other remedy is not obtained, or if the Disclosing Party waives compliance with the provisions of this Contract, the Recipient will furnish only that portion of the Information which is legally required. SECTION VI. OWNERSHIP Documents. All documents created pursuant to this agreement shall be the property of the County upon approval and acceptance of such documents. Data. All data, documents and information provided to City by the County shall remain County property and shall be kept confidential in accordance with this Agreement. Upon termination of this Contract, unless expressly agreed to otherwise in writing, City shall return all County owned data, documents, and information. Ownership and Construction of Sewers. (1) The City owns and operates all City Sewers, as defined herein, within its municipal limits. (2) The City shall be responsible for the construction, extension, or expansion of the City Sewers. (3) Before the City constructs, extends, or expands any City Sewers, the plans shall be reviewed and approved by the City’s Engineer. The County shall review the plans, if requested by the City, per the established rate structure. The parties agree that the design for such work will be in accordance with the Uniform Standards for Sewage Improvements dated December 2019 and the County Rules and Regulations dated December 2019, and as such standards, rules, and regulations may be hereafter amended. (4) Except as otherwise provided herein, any construction, extension, or expansion of any sanitary and/or storm sewer main lines, catch basins, catch basin laterals, manholes, culverts, and storm water detention and retention basins shall be paid for, permitted, performed, and inspected by the City. The County shall inspect new work or construction, if requested by the City. The County shall invoice the City for the documented costs of such inspection in accordance with the established rate structure.
SECTION VII. MISCELLANEOUS Notices. Wherever one party is required or permitted to give notice to the other pursuant to this Contract, such notice shall be deemed given when delivered by hand, via certified mail with return receipt requested, via overnight courier with signature required, and addressed as follows: In the case of the County: Cuyahoga County Department of Public Works 2079 East 9" Street Cleveland, Ohio 44115 With an electronic copy sent to: Law-ContractingProcurementRealEstate@cuyahogacounty.us In the case of City: City of Fairview Park, Ohio Director of Public Service & Development 20777 Lorain Avenue Fairview Park, Ohio 44113 Either party may from time to time change its designated recipient or address for notification purposes by giving the other party written notice of the new designated recipient or address and the date upon which it will become effective. Waiver. No delay or omission by either party in the exercise of any right or power shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties of any of the covenants, conditions, or agreements to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. No change, waiver or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such change, waiver, or discharge is sought to be enforced. Survival of Terms. Termination or expiration of this Contract for any reason shall not release either party from any liabilities or obligations set forth in this Contract which the parties have expressly agreed shall survive any such termination or expiration or remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. Record Audit Retention. City agrees to make all pertinent contractual books and records and other documents pertaining to this Contract available to the County and its designated agents for purpose of audit and examination upon reasonable request during the Term of this Contract and for a period of two (2) years from the expiration date or final payment under this Contract, whichever is later; provided however, that should City be notified that an audit has been commenced pursuant to Ohio Revised Code Sec. 117.11 during said 8
period, for which the aforesaid books and records are material, the aforesaid records shall be retained pending the completion of said audit. Governing Law and Jurisdiction. This Contract shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Ohio. The parties agree that the state and federal courts sitting in Ohio will have exclusive jurisdiction over any claim arising out of this Contract, and each party consents to the exclusive jurisdiction of such courts. City hereby agrees not to challenge this Governing Law and Jurisdiction provision, and further agrees not to attempt to remove any legal action outside of Cuyahoga County for any reason. All contracts in which the County is a party, including this Contract, are subject to the Cuyahoga County Code including, but not limited to, chapters pertaining to the Cuyahoga County Ethics, Cuyahoga County Inspector General and Cuyahoga County Board of Control, Contracting and Purchasing, and the parties agree to comply with the County Code as an integral part of this Contract. The County Code is available on the County Council’s web site at http://council.cuyahogacounty.us/. Assignment. City shall not assign, transfer, convey or otherwise dispose of this Contract, or its right to execute it, or its right, title or interest in or to it or any part thereof, or assign, by power of attorney or otherwise, any of the monies due or to become due under this Contract without approval of the County, which shall not be unreasonably withheld, denied, or delayed. Ethics Requirements. City agrees to remain in compliance with all County Ethics requirements including, as applicable, Vendor Ethics Registration, Vendor Ethics Training, and Registration of all Lobbyists retained by City shall consult the Cuyahoga County Office of Inspector General to ensure it is in full compliance with all County Ethics requirements. The Inspect General’s website may be found at: http://inspectorgeneral.cuyahogacounty.us/ Entire Agreement and Modification. This Contract, including any Exhibits and documents referred to in this Contract or attached hereto, each of which is incorporated herein, constitutes the entire and exclusive statement of the agreement between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to this Contract which are not fully expressed herein. The parties agree that any other terms or conditions included in any quotes, acknowledgments, bills of lading or other forms utilized or exchanged by the parties shall not be incorporated herein or be binding unless expressly agreed upon in writing by authorized representatives of the parties. No modification, change or amendment hereof shall be valid unless such is in writing and signed by the authorized representative of the party against which such modification, change or amendment is sought to be enforced. Findings and Recovery. City represents and warrants that it is not subject to an “unresolved” finding for recovery under Ohio Revised Code Section 9.24. If this representation and warranty is deemed to be false, this Contract is void ab initio, and City must immediately repay to County any funds paid under this Contract and must make the County whole for any damages sustained by the County.
Good Standing. City is in good standing and has the full legal authority to enter into this Contract and perform its obligations hereunder, and has all requisite power, corporate or otherwise, to conduct its business as presently conducted and will remain so qualified and in good standing during the Term of this Contract. Pursuant to 2 C.F.R. 200.213 and 2 C.F.R. Part 180, City certifies by signing this Agreement that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. Conflicts of Interest. City personnel may not acquire any personal interest that conflicts with City’s responsibilities under this Contract. Additionally, City will not knowingly permit any public official or public employee who has any responsibilities related to this Contract to acquire an interest in anything or any entity under City’s control, if such an interest would conflict with that official’s or employee’s duties. City will disclose to County knowledge of any such person who acquires an incompatible or conflicting personal interest related to this Contract. City will take all legal steps to ensure that such a person does not participate in any action affecting the work under this Contract, unless County has determined that, in the light of the personal interest disclosed, that person's participation in any such action would not be contrary to the public interest. Force Majeure. Neither Party shall be in default if its failure to perform any obligation hereunder is caused solely by a force majeure event, which is defined as a supervening condition beyond that Party’s reasonable control, including, without limitation, an act of God, civil commotion, strike, labor dispute, governmental demand or requirement, pandemics, epidemics, or government forced stay at home orders. Any Party unable to perform due to force majeure shall notify the other Party as soon as practicable and shall take all actions necessary to void or otherwise mitigate the effects of the force majeure event. Any suspension of Services due to force majeure shall be of no greater scope or duration than is necessary. The County is relieved from any obligation to pay for any Services that are suspended as a result of the force majeure event. Severability. If any provision of this Contract is 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 Contract will continue in full force and effect. Independent Contractor. It is fully understood and agreed that County is an independent contractor and is not an agent, servant, or employee of the City with respect to all Services performed hereunder and agrees to and does hereby accept full and exclusive liability for payment of any and all contributions or taxes for social security, unemployment insurance, or old age retirement benefits, pensions, or annuities now or hereafter imposed under any local, state or federal law which are measured by the wages, salaries, or other remuneration paid to persons employed by City for work performed under the terms of this contract. The County declares that it is engaged as an independent business and has complied with all applicable federal, state, and local laws regarding business permits and licenses of any kind, including but not limited to any insurance coverage, workers’ compensation, or unemployment compensation that is required in the normal course of business and will 10
V. indemnify and save harmless Cuyahoga County from such contributions or taxes or liabilities. Headings. The section headings appearing in this Contract are inserted only as a matter of convenience and in no way define, limit, or describe the scope or extent of such section. Equal Employment Opportunity. City will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including ORC Section 125.111 and all related Executive Orders. Drug-Free Workplace. City must comply with all applicable state and federal laws regarding keeping a drug-free workplace. City must make a good faith effort to ensure that all its employees, while working on County property, will not have or be under the influence of illegal drugs or alcohol or abuse prescription drugs in any way. Counterparts. This Contract may be executed in separate original or facsimile counterparts, each of which shall be deemed an original, and all of which shall be deemed one and the same instrument. Anti-Discrimination. City agrees that in its employment of labor, skilled or unskilled, there shall be no discrimination exercised against any person because of race, color, religion, national origin, sex, gender, gender identity, ancestry, age, disability, sexual orientation, sexual identity, genetic information, military status, or veteran status, and a violation of this term shall be deemed a material breach of this Contract. It shall be the policy of City to provide equal opportunity to all businesspersons seeking to contact, or otherwise interested in contracting with City, including various eligible Small Business Enterprises, but that such a policy does not create an obligation on the part of City to enter into any particular agreements. Public Records Law. Notwithstanding any provision of this Contract to the contrary, City acknowledges that the County is subject to the Ohio Public Records Act (O.R.C. 149.43). If the County receives a request to disclose any information defined as “Confidential Information” or labeled as such by City, the County will promptly provide notice of the request for information so that City may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such Confidential Information. The burden of establishing the applicability of exceptions to disclosure of information under the Ohio Public Records Act law resides with City. No Apparent Authority/Proper Approvals. City recognizes and agrees that no public official or employee of the County may be deemed to have apparent authority to bind the County to any contractual obligations not properly authorized pursuant to the County Code. Execution by Other Entities. The County of Cuyahoga, Ohio and any agency, board, department, municipality, public or private educational system and any other public entity or organization affiliated with Cuyahoga County including, without limitation, law enforcement and first responders may enter into a contract with City for the services set forth in this Contract upon the same terms and conditions as are set forth herein including, 11
without limitation, price. Any such arrangement shall be documented in a separate agreement to be executed by City and such entity. SECTION VI. ELECTRONIC SIGNATURE CITY AGREES ON BEHALF OF THE SUBMITTING BUSINESS ENTITY, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, SUBGRANTEES, AGENTS OR ASSIGNS, THAT ALL CONTRACT DOCUMENTS REQUIRING COUNTY SIGNATURES MAY BE EXECUTED BY ELECTRONIC MEANS, AND THAT THE ELECTRONIC SIGNATURES AFFIXED BY THE COUNTY TO SAID DOCUMENTS SHALL HAVE THE SAME LEGAL EFFECT AS IF THAT SIGNATURE WAS MANUALLY AFFIXED TO A PAPER VERSION OF THE DOCUMENT. CITY ALSO AGREES ON BEHALF OF THE AFOREMENTIONED ENTITY AND PERSONS, TO BE BOUND BY THE PROVISIONS OF CHAPTERS 304 AND 1306 OF THE OHIO REVISED CODE AS THEY PERTAIN TO ELECTRONIC TRANSACTIONS, AND TO COMPLY WITH THE ELECTRONIC SIGNATURE POLICY OF CUYAHOGA COUNTY. (Signature Page to Follow) 12
IN WITNESS WHEREOF, the County and City have executed this Contract effective as of the Effective Date. CUYAHOGA COUNTY, OHIO BY: Chris Ronayne, County Executive or designee pursuant to Executive Orders No. EO2023-0003, dated July 6, 2023 And CITY OF FAIRVIEW PARK, OHIO BY: Name: Title: The legal form and correctness of this Contract is hereby approved: Law Department, County of Cuyahoga, Ohio James L. DeFeo, Assistant Law Director Richard D. Manoloff, Director of Law 13
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council FROM: Bryan Hitch, Service Director RE: Contract with Cuyahoga County Department of Public Works DATE: February 17, 2026 The Administration of the City of Fairview Park requests passage of the following legislation on three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR AND SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH CUYAHOGA COUNTY DEPARTMENT OF PUBLIC WORKS FOR CORE SERVICES AND ADDITIONAL SERVICES AND DECLARING AN EMERGENCY The City of Fairview Park has contracted with the Cuyahoga County Department of Public Works (CCDPW) (Ordinance 16-24A) in the past for Core Services. Core Services are services related to the City of Fairview Park’s sewer system including storm and sewer lining, storm and sewer cleaning, televising services and additional sewer work. The CCDPW provides Additional Services. Additional Services are services, such as road work, mutually agreed upon by the City of Fairview Park (“City”). Fees for such Additional Services shall be mutually agreed upon by both Parties. Having the ability to contract with the CCDPW for Core Services and Additional Services provides the City with the support needed to ensure quality services for the residents of the City. The Mayor and Service Director are requesting authorization to enter into an agreement with the CCDPW to perform Core Services and Additional Services in an amount not to exceed four hundred thousand dollars ($400,000.00). The Core Services shall be paid from the Sanitary Sewer Fund (Fund 510). The Additional Services shall be paid from the Street Construction Maintenance Fund (Fund 210). Cc: Liz Westbrooks, Clerk of Council Mayor Bill Schneider Jennifer Pae, Finance Director/HR Manager A. Steven Dever, Law Director