22-2021 - TIF for W. 117 Development LLC Fieldhouse

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shall not be deemed Force Majeure or unforeseeable delays beyond the reasonable control of the Developers. In the event that construction does not occur in a timely manner described in this Section, or construction of the Project ceases to progress, subject to delays due to Force Majeure, in addition to and not in limitation of any other remedies available to the City, the Developers shall comply with all City requirements relating to restoration of the Development Site until such time as construction shall begin or resume, as the case may be. The timeline for performance set forth in this Section X will be subject to extension by thirty (30) days for any instance in which the City or one of its boards or commissions fails in the ordinary course to act on an application or request by any of the Developers. At all times during construction of the Project, the Developers shall have available and made known to the City a competent representative who is knowledgeable and familiar with the Project. The representative shall be capable of reading plans and specifications and shall have the authority to address any questions raised by the City with respect to such plans and specifications. XI. USE AND DESIGN RESTRICTIONS Developers, for themselves and their successors and assigns, and every successor in interest to any portion of the Development Site, agrees and covenants that Developers and its successors and assigns shall not permit the use of any portion of the Development Site for any of the uses set forth on Exhibit D attached hereto and incorporated herein (the "Prohibited Uses"). Without intending to restrict the provisions of this Section, it is intended and agreed that the City and its successors, shall be deemed beneficiaries of the agreements, covenants, and restrictions provided in this Section both for and in their own right and also for the purposes of protecting the interests of the community. Such agreements, covenants, and restrictions shall run in favor of the City and its successors for the entire period during which same remain in effect, without regard to whether the City and its successors have at any time been, remain, or are an owner of any portion of the Development Site or interest therein to or in favor of which such agreements, covenants, and restrictions relate, the City and its successors shall have the right, in the event of any breach 'of any such agreement, covenant, or restriction, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce such agreements, covenants, and restrictions and to enforce the curing of any breach thereof. XII. ROCKPORT TIF The Development Site is currently located within the Rockport Square Incentive District established by the City under Ohio Revised Code Section 5709.40 (the "Rockport TIF"). For the avoidance of doubt, the TIF for this Project shall be subordinate to the Rockport TIF for so long II