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may agree upon (the "Initial Conveyance Date"); provided, however that the Initial Conveyance <br />shall occur prior to the passage of the TIF Ordinance. On the Initial Conveyance Date, Developer <br />shall convey or cause the Existing Owner to convey the Property to the City for $1.00, by Limited <br />Warranty Deed. Developer shall pay all customary closing costs relating to the Initial Conveyance, <br />including but not limited to recording fees. The City agrees to neither make, nor permit to be <br />made, any material changes to the condition of the Property during the period in which it owns the <br />Property. During the period in which City owns the Property, Developer, its employees, and its <br />agents are permitted to enter upon the Property for the purpose of conducting activities associated <br />with the Project at no cost to the City, provided that such entry shall be at the sole risk of Developer, <br />its employees, and its agents, and provided, further that the activities described in this Section VI <br />are subject to the indemnification provision of Section XIX of this Agreement. <br />On the Initial Conveyance Date, or as early as is practicable following the Initial <br />Conveyance Date, but in any event no later than two business days following the Initial <br />Conveyance Date, the City shall re -convey the Property to Developer or the Existing Owner, as <br />applicable (the "Re -conveyance"), for $1.00, by Quitclaim Deed. Developer shall pay all <br />customary closing costs relating to the Re -conveyance. <br />VII. CONTINGENCIES <br />The obligation of the City to provide the Project TIF Revenue, as defined in Section X <br />(collectively, the "Incentives") for the Project in accordance with the Service Agreement is <br />contingent upon the satisfaction of all of the following contingencies with respect to the Project <br />(collectively, the "Incentive Contingencies"). The Developer agrees to submit to the City for a <br />review all plans, documents, requested modifications, zoning, or any other item which concerns <br />the Project in accordance with the City's current and generally applicable regulations. Each of the <br />items required to be submitted to the City to satisfy the City shall be in form and substance <br />acceptable to the City. <br />A. Plans. The Developer shall have caused the plans for the Project (the "Project <br />Plans") to be prepared and submitted to the City, and the Developer has addressed all open <br />questions/concerns of the City regarding the Project, and the City shall have approved such <br />plans. This Project was previously approved by the Planning Commission, and still needs <br />approval from the Architectural Board of Review, but there are outstanding items, <br />questions/concerns that need to be addressed as identified in the Planning Commission <br />meeting minutes, a copy of which is included as Exhibit G. Revised plans addressing the <br />items identified in the meeting minutes must be submitted to the Planning and <br />Development Department and receive approval. It is further agreed that prior to receiving <br />all permits required to commence construction of the Project, the Developer shall deposit <br />a non-refundable amount estimated to be necessary to pay the City's cost of plan review. <br />The Developer shall also pay for all inspection fees, and the Developer shall engage an <br />engineering firm licensed in the State of Ohio to perform Construction Administration and <br />Inspection and Testing Services. Independent of the City approvals for the the Project <br />Plans, the City is still requiring the Developer to apply for any conditional use permits per <br />the City code, including but not limited to those related to outdoor dining. <br />6 <br />15785832v23 <br />