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22-2021 - TIF for W. 117 Development LLC Fieldhouse
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22-2021 - TIF for W. 117 Development LLC Fieldhouse
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7/23/2021 12:03:09 PM
Creation date
7/23/2021 9:36:18 AM
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Office Of Council
Document Type
Ordinances
Number
22-2021
Date Adopted
7/19/2021
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XXVIII. ESTOPPEL CERTIFICATES; CERTIFICATE OF COMPLIANCE <br />Within thirty (30) days after a request from the Developers or any successor in interest to <br />the Developer under this Agreement, the City shall execute and deliver to the Developers, any <br />successor in interest to the Developers or any proposed purchaser, mortgagee or lessee of the <br />Project, a certificate in a form mutually -acceptable to the City and the Developers stating that, if <br />the same is true: (i) this Agreement is in full force and effect; (ii) the requesting Developers or <br />successor is not in default under any of the terms, covenants or conditions of this Agreement, or, <br />if the Developers or successor are in default, specifying same; and (iii) such other matters as the <br />Developers or successor reasonably requests. Additionally, following completion of initial <br />construction of the Project (i.e., after the final certificate of occupancy has been issued), upon <br />request by the Developers, the City will provide a written certificate of compliance confirming, <br />the Developers have complied with the requirements set forth in Sections II(A) and (B), V, VII, <br />VIII, IX, XI, and XIV hereof (subject to the Developers providing reasonable backup <br />documentation to confirm same). <br />XXIX. MISCELLANEOUS <br />Y. Any notice of communication required or permitted to be given under this <br />Agreement by either Party to the other shall be deemed sufficiently given if personally <br />delivered (provided a signed receipt is obtained), or mailed by certified United States mail, <br />postage prepaid, or sent by reputable overnight delivery service, and addressed as follows: <br />(1) Notice to City: City of Lakewood <br />Attention: Mayor <br />12650 Detroit Ave. <br />Lakewood, Ohio 44107 <br />with a copy to: Law Director <br />City of Lakewood <br />12650 Detroit Ave. <br />Lakewood, Ohio 44107 <br />(2) Notice to Developer: West 117 Development, LLC <br />14665 Morgan Trail <br />Novelty, OH 44072 <br />with a copy to: Walter Haverfield LLP <br />6120 Parkland Boulevard, Suite 100 <br />Cleveland, Ohio 44124 <br />Attn: Mark B . Radefeld <br />22 <br />
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