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

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Developers' market sector, and events that the City determines constitute Force Majeure hereunder. XXI. EQUAL OPPORTUNITY EMPLOYMENT In accordance with Ohio Revised Code Section 5709.832, the Developers hereby determinethat no Owner shall deny any individual employment based on considerations of race, religion, sex, disability, color, national origin or ancestry. In addition, no Owner shall deny any individual employment based on considerations of sexual orientation, gender identity and expression, age, or veteran status. The Service Agreement shall provide that the provisions of this Section shall be covenants running with the land. XXII. CITY LEGAL FEES PAID BY DEVELOPER The Developers shall pay the City's fees for outside legal counsel incurred in connection with this Agreement and the planning and documenting of the Project. Upon execution of this Agreement, the City shall provide an invoice to the Developers. Such amounts shall be paid by Developer on the Initial Conveyance Date prior to the Initial Conveyance. XXIII. INSUR.A.NCE During construction and until completion of the improvements on that portion of the Development Site being developed by it, Developers shall maintain insurance in such amounts and for such events as may be required by its lender or required by the City's existing rules and regulations applicable to all development and construction in the City, and as may be commonly maintained in connection with a development of the size and nature of the Project. The Developers agree, on behalf of itself and its agents, subcontractors, and subconsultants that the insurance policies required herein (excluding the professional liability insurance) shall require the insurer to name the City as an additional insured, and to endeavor to provide the City with 30 days' prior written notice before the cancellation of a policy. All insurance shall be effected by valid enforceable policies issued by insurers authorized to do business in the State of Ohio. Upon request, the Developers shall provide all insurance certificates to the City. The Developers warrant that all Infrastructure Improvements, if any, constructed by Developers in connection with the Project will be in conformity with the Development Plans and free from defects in workmanship, materials and equipment, commencing on the date of the City Council's formal acceptance of the dedication of the Infrastructure Improvements for a period of eight years. The warranty provided in this Section shall be in addition to, and not in limitation of, any other guarantee, warranty or remedy provided by law. Should defects in the Infrastructure Improvements become apparent, the City Engineer shall promptly notify the Developers and provide a copy of said notice to the Finance Director. 19