(a)   The Village hereby gives consent to the county to construct, within two years from effective date of their agreement, a distribution line upon the terms and conditions hereinafter set forth, and subject to all applicable ordinances of the Village and all applicable provisions of Ohio Revised Code:
      (1)   The county shall have the right to use the easements, streets, and other public ways and places in the Village to the extent the Village has such rights, for the purpose of laying and extending said distribution line in consideration for the right to tap into said line by the Village residents and users.
      (2)   The county shall have the right to use, extend, tap or connect into any and all water mains and other water transmission facilities irrespective of whether or not they are owned or controlled by the Village, without any fee or charges by the Village to the county for the exercise of such right.
      (3)   The county shall have the obligation to provide, at its sole cost and expense, the planning, engineering, purchasing, construction, installation and related activities required for the proper laying and functioning of said distribution line.
      (4)   The Village shall cooperate with the county in the construction and installation of said distribution line to the extent such cooperation shall not impose any cost to the Village, and the county shall provide the Village with due notice as to the location and time table of the construction of the proposed distribution line. The Village shall not charge the county for any permits in connection with such installation, and the Village shall cooperate in providing all permits, easements, rights-of-way access, and other rights and privileges necessary to facilitate the county's work. To the extent allowed by law, the county shall hold the Village harmless from all damages or claims for damages to persons or property arising from the performance by the county or its agents of any work to install or lay said distribution line.
      (5)   The county shall comply with all City of Cleveland standards in connection with the laying and construction of said distribution line, including but not limited to type, grade, and quality of material, inside diameter of said line, installation of water hydrants, extension of line across intersection of Chagrin River and Holbrook Roads, and engineering standards. It is understood the line will be master metered at the county's western boundary line.
   (b)   The county shall construct said line within the territorial boundaries of the Village at no cost or obligation, current or in the future, to the Village. The Village recognizes that future residents in the Village who may benefit from said line may be assessed therefore.
   (c)   The owners of any and all existing or future dwelling units in the Village shall have the right to tap into said line, provided a tap-in fee of one thousand five hundred dollars ($1,500) is paid to the county by said owner. The number of tap-ins by Village residents permitted into said line shall be 110. Additional tap-ins will be permitted by the county under terms to be negotiated by the county and the Village at the time. Nothing herein shall be deemed to limit the number of tap-ins by Geauga County residents, except the capacity of said line to provide a sufficient water supply to each owner who taps-in to said line. Nothing herein shall be deemed to affect any owner's obligation to pay a tap-in fee to the Village, under the terms of any existing, amended, or future legislation requiring same, in addition to the tap-in fee to the county set forth herein.
   In the event any political subdivision and/or Village residents desire to extend said line southeasterly along Chagrin River Road beyond its junction with Holbrook Road, the county agrees to permit same without the payment of any tap-in, recoupment, or other fee or charge, provided that such extension should not diminish the quantity or quality of water available to the county.
   (d)   In consideration of the Village entering into this agreement, the county agrees that after the line is built, the line shall become the property of and be owned by Cleveland after it is installed, and shall be maintained by the City of Cleveland, as evidenced by its signature to this agreement. Failure of the City of Cleveland to so agree and sign shall nullify this agreement.
   (e)   The county shall restore, within six months of date of completion, all property situated in the Village, including berm and paved portions of roads, to pre-construction conditions by reason of said construction, and also including any damage caused by truck, equipment or other vehicular traffic during construction. For all construction occurring within five feet of the berm, premier fill or compacted earth to ninety-five percent standard proctor shall be used.
   (f)   The county shall pay for inspection expenses to be performed by the Village Engineer.
   (g)   The county shall pay for traffic control personnel during construction, and shall give right of first refusal to members of the Village of Bentleyville Police Department.
   (h)   The Village and the county expressly agree that the terms, covenants and conditions made in this agreement shall bind its respective Council and Board of Commissioners, Officers, and Mayor, and they have authority to execute this agreement.
   (i)   If any governmental unit, department, division, body or office referred to in this agreement shall cease to exist or shall cease to retain any part of its powers and duties material to the performance of this agreement which have vested in them at the time of the execution of this agreement, then all references to them shall be deemed to include whatever governmental units, department, division, body or office shall then succeed to or have the powers and duties material to performance of this agreement without regard to title or formal designation.
   (j)   No covenant, agreement, or condition of this agreement shall be waived, altered, or modified, except by a written instrument, executed by the party against whom enforcement of such waiver, alteration, or modification is sought. No waiver of any covenant, term, or condition of this agreement shall affect any other covenant, term, or condition of this agreement.
   (k)   It is expressly understood and agreed that there are no promises, agreements, conditions, understanding, inducements, warranties, and representations, oral or written, express or implied, other than as set forth in this agreement.
   (l)   In the event any term or provision of this agreement shall for any reason be held invalid, same shall not affect any other term or provision hereof.
   (m)   This agreement is subject to and conditioned upon receipt by the county of a writing from the City of Cleveland acknowledging that the City of Cleveland has received a copy of this agreement, and acknowledging that the City of Cleveland has no objection to the general nature, import and tenor of its terms.
(Ord. 1990-15. Passed 3-14-90.)