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B. The Developer agrees to a minimum 1,500 square feet dedicated to commercial <br />(retail, restaurant, or office use) on the first floor of the Project. <br />C. The City's Fair Housing Marketing Policy, a copy of which is attached as Exhibit <br />F. <br />Without intending to restrict the provisions of this Section, it is intended and agreed that <br />the City and its successors, shall be deemed beneficiaries of the agreements, covenants, and <br />restrictions provided in this Section both for and in their own right and also for the purposes of <br />protecting the interests of the community. Such agreements, covenants, and restrictions shall run <br />in favor of the City and its successors for the entire period during which same remain in effect, <br />without regard to whether the City and its successors have at any time been, remain, or are an <br />owner of any portion of the Development Site or interest therein to or in favor of which such <br />agreements, covenants, and restrictions relate, the City and its successors shall have the right, in <br />the event of any breach of any such agreement, covenant, or restriction, to exercise all rights and <br />remedies and to maintain any actions or suits at law or in equity or other proper proceedings to <br />enforce such agreements, covenants, and restrictions and to enforce the curing of any breach <br />thereof. <br />X. TIF REIMBURSEMENT <br />The Developer will pay the statutory service payments generated from the Project (the <br />"Project TIF Revenue") to the Cuyahoga County Treasurer, pursuant to a service payment <br />agreement entered into by and between the City and the Developer dated as of [ ] (the "Service <br />Ageement"), in the same manner and amount as if the TIF with respect to the Property had not <br />been established in accordance with the Service Agreement. The Project TIF Revenue will be <br />distributed by the Cuyahoga County Treasurer to an urban redevelopment tax increment equivalent <br />fund (the "TIF Fund"). Subject to the conditions hereof, the City shall distribute amounts on <br />deposit in the TIF Fund to the Developer in accordance with the process set forth in the Service <br />Agreement. The Developer shall pay all reasonable third party costs of the City in establishing <br />the TIF and this Agreement, including, but not limited to, legal fees, closing costs and other costs <br />associated with the required property transfer. The amount of said fees and costs for <br />reimbursement to the City shall have been earned and payable only if and when Developer acquires <br />title to the Development Site; provided, however, that the Developer shall reimburse the City for <br />third party fees and costs associated with the land transfer required to establish the TIF regardless <br />of whether or not the Developer acquires fee title to the Development Site. <br />XI. MAINTENANCE <br />Developer will maintain the Prc j ect in a first class manner, consistent with other high <br />quality multifamily developments of similar age in Northeast Ohio, including necessary building <br />maintenance, mulching, grass cutting, pruning and watering. <br />XII. DEFAULT; REMEDIES <br />A. Developer Defaults. Any one or more of the following shall constitute a <br />"Developer Default": <br />9 <br />15785832v23 <br />