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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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Last modified
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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C. Any reference to a section or provision of the Constitution of the State, or to a <br />section, provision or chapter of the Ohio Revised Code, or to any statute of the United <br />States of America, includes that section, provision or chapter as amended, modified, <br />revised, supplemented or superseded from time to time; provided, that no amendment, <br />modification, revision, supplement or superseding section, provision or chapter shall be <br />applicable solely by reason of this paragraph, if it constitutes in any way an impairment of <br />the rights or obligations of the City, the Developers, or any other party under this <br />Agreement or any other instrument or document entered into in connection with any of the <br />foregoing. <br />D. Unless the context indicates otherwise, words importing the singular number <br />include the plural number, and vice versa. The terms "hereof," "hereby," "herein," <br />"hereto," "hereunder," "hereinafter" and similar terms refer to this Agreement; and the <br />term "hereafter" means after, and the term "heretofore" means before, the date of this <br />Agreement. Words of any gender include the correlative words of the other genders, unless <br />the sense indicates otherwise. <br />II. DEVELOPER COVENANTS AND REPRESENTATIONS <br />A. The Developers shall develop the Project in accordance with the plan and schedule <br />of development submitted to the City and currently on file (the "Development Plan"), the <br />modification of which may be approved by the City consistent with and in compliance with <br />the current rules and regulations of the City. Buildings constructed on the Development <br />Site shall be of the general design as shown in the Development Plan. <br />B . The Developers agree that the Project will be constructed in a manner which is <br />consistent with generally accepted construction industry standards and guidelines <br />applicable to similar projects and in conformity with installation guidelines as may be <br />recommended by various manufacturers of the building materials. If any portion of the <br />Project does not meet the requirements of the City's zoning regulations, then the <br />Developers must obtain the applicable City approvals for the portion(s) of the Project <br />through the appropriate reviewing body or reconstruct the noncomplying portion of the <br />Project. The City shall, to the extent within the City's control, expedite all applications for <br />varriances and zoning revisions and the timeline for performance set forth in Section X <br />will be subject to extension as set forth in Section X in the event that the City or one of its <br />boards or commissions fails in the ordinary course to act on an application or request by <br />any of the Developers. <br />C. The Developers, and any successors and assigns who subsequently become subject <br />to this Agreement in accordance with Section XXIX(D) hereof (an "Assignee"), shall <br />comply with all regulations and provisions set forth in the City's zoning code, subject to <br />any now existing or hereafter applicable variances. The Developers, and any Assignee, <br />shall also comply with any applicable Federal, State and local regulations in addition to <br />any of the requirements set forth in the zoning code. <br />3 <br />
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