See Drawings Attached to Ordinance 2001-13
MEMORANDUM OF UNDERSTANDING
Between The
MAHONING SOIL AND WATER CONSERVATION DISTRICT
And The
CITY OF CANFIELD, MAHONING COUNTY, OHIO
This Memorandum of Understanding is between the Mahoning Soil and Water Conservation District, State of Ohio, hereinafter called the District and the City of Canfield, hereinafter called the City.
Recognizing the need for close working relationships in carrying out the responsibilities for which each is charged the City and the District enter into this Memorandum of Understanding as the foundation for a cooperative working relationship. Such cooperation allows joint effort in the solution of problems relating to the planning and development of resources in the City.
WHAT THE DISTRICT WILL DO - The District will make technical assistance, as set forth below, will be provided by the District, within limitations of budget, availability of personnel, and in accordance with established policies.
The District will:
1. Provide and interpret soil survey data.
2. Review and comment on Erosion Control Plans for developing areas as provided in Sec. 302.2, Erosion Control, Canfield Subdivision Regulation, Current Edition.
3. Review and comment on storm water management on developing areas.
4. Assist the City, developers, and consultants in use and interpretation of Soil Conservation Service technical data.
WHAT THE CITY WILL DO -
The City will:
1. Observe principles of sound soil and water conservation giving consideration tot he need for sediment control and stormwater management.
2. Consult with the Supervisors of the District in the development of future plans concerning long range development for the City. Use the information and services made available by the District in preparing plans.
3. Refer to the District proposed development projects for review and comment as provided in the subdivision regulations.
4. Be responsible for the adoption of those recommendations made by the District which area acceptable to the board and in compliance with their ordinance.
5. Furnish field surveys, proposed layouts, designs or additional field data needed for adequate review of proposed developments.
OPERATING PROCEDURE:
1. The developer shall provide to the District at least one copy of the proposed sediment control and stormwater management plan, including any applicable standards and specifications, and design data.
2. The plan will be provided at least 10 working days prior to the Planning Commission review date.
3. Comments made by the District will be returned to the City and the developer.
IT IS FURTHER UNDERSTOOD
1. The U.S. Soil Conservation Service, Field Office Technical Guide, Engineering Field Manual, and other guides will be the basis of all recommendations.
2. Plans, and technical data needed for adequate review of developing areas will be provided to the District by the developer.
MAHONING SOIL AND WATER
CONSERVATION DISTRICT
BY ______________________________________
Chairman, Board of Supervisors
DATE ___________________________________
CITY OF CANFIELD
BY _______________________________________
City of Canfield
Charles H. Tieche, City Manager
DATE:___________________________________
SUBDIVIDER’S AGREEMENT
WITH 100% SURETY BOND OR
IRREVOCABLE SPECIAL LETTER OF CREDIT
THIS AGREEMENT is dated as of day of in the year 20 by and between the City of Canfield (hereinafter called CITY) and ___________________________________________________ . (hereinafter called DEVELOPER) |
CITY and DEVELOPER, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1. Work
DEVELOPER shall complete all work as specified or indicated in the Contract Documents. The Work to be done is in the Subdivision, as shown in the construction drawings numbered to . The work shall include all necessary soil and erosion control measures as required by the City.
Article 2. ENGINEER
The Project has been reviewed by who is hereinafter called ENGINEER and who is to act as CITY=s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME AND DEFAULT
3.1 The Work will be substantially completed on or before , 20 , and ready for final acceptance on or before , 20 .
3.2 If the DEVELOPER fails to complete the project, then the City has the right to complete any and/or all necessary work required for the completion of the proposed improvements.
3.3 The Surety Bond or Letter of Credit shall not exceed a period of two (2) years unless mutually extended in writing by the Developer and the City of Canfield.
Article 4. CONTRACT PRICE
The DEVELOPER shall post a Subdivision Bond or Letter of Credit, in the amount of
Dollars
($ ) which is one hundred percent of the total estimated construction costs of the required improvements.
DEVELOPER shall pay CITY a fee to cover the ENGINEER=s cost of inspection of all improvements in the subdivision. The DEVELOPER has provided a minimum deposit with the Treasurer or Finance Director which will be placed in an escrow account. The amount for such inspections are:
1) For all sanitary sewer improvements:
dollars ($ )
2) For all other improvements:
dollars ($ )
Article 5. PAYMENT PROCEDURES
The cost and expense of such inspection made by the ENGINEER shall be paid from such deposit upon itemized bills rendered. In the case of such expenditures exceeding such deposit, the excess shall be invoiced to the DEVELOPER for payment. In the case of such deposit exceeding said expenditures, the balance will be refunded to the DEVELOPER within a reasonable time after the completion of such inspection.
100% SURETY BOND OR LETTER OF CREDIT
Article 6. CONTRACTOR’S REPRESENTATIONS
In order to induce the CITY to enter into this Agreement DEVELOPER makes the following representations:
6.1 DEVELOPER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, laws, regulations and ordinances that in any manner may affect cost, progress, performance or furnishing of the Work and acknowledges their validity for itself and on behalf of its guarantors and obligors pursuant to Article 4, herein, and waives hereby assertion of claims contrary to this acknowledgment.
6.2 DEVELOPER has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which he has identified.
6.3 DEVELOPER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as DEVELOPER considers necessary for the performance or furnishing of the Work within the Contract Time.
6.4 DEVELOPER has reviewed and checked all information and data shown or indicated on the Construction Drawings with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the CITY and DEVELOPER concerning the Work consists of the following:
7.1 This Agreement (Pages 1 to , inclusive)
7.2 Exhibits to this Agreement (Pages to , inclusive).
7.3 Specifications bearing the title and consisting of divisions and pages, as listed in the table of contents thereof.
7.4 Drawings, consisting of a cover sheet and sheets numbered through , inclusive with each sheet bearing the following general title:
7.5 Addenda numbers to , inclusive.
There are no Contract Documents other than those listed above in this Article 7.
Article 8. MISCELLANEOUS
8.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
8.2 CITY and DEVELOPER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
Article 9. OTHER PROVISIONS
IN WITNESS WHEREOF, CITY and DEVELOPER have signed this Agreement in triplicate. One counterpart each has been delivered to CITY, DEVELOPER, and ENGINEER. All portions of the Contract Documents have been signed or identified by CITY and DEVELOPER or by ENGINEER on their behalf.
This Agreement will be effective on , 20 . CITY DEVELOPER BY: BY: (Corporate Seal) (Corporate Seal) Attest: Attest: Address for giving notices Address for giving notices License No. Agent for service of process (If DEVELOPER is a corporation, attach evidence of authority to sign). |