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03-2024 - Authorize Development Agreement with LDC Warren LTD, LLC
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03-2024 - Authorize Development Agreement with LDC Warren LTD, LLC
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4/4/2024 4:01:58 PM
Creation date
4/3/2024 3:36:36 PM
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Office Of Council
Document Type
Ordinance
Number
03-2024
Date Adopted
4/1/2024
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DocuSign Envelope ID: 92860B03-367C-49AA-BA95-OFDE6BFCF177 <br />Notwithstanding any other provision of this Agreement, the above -described notification <br />and cure provisions shall not apply when (i) the City's Building Official issues a stop work order <br />for local, county or state code violations related to construction defects, or (ii) the City Engineer <br />issues a stop work order for local, county or state construction code violations. <br />XVII. MINORITY BUSINESS ENTERPRISES, FEMALE/WOMAN BUSINESS <br />ENTERPRISES, DISADVANTAGED BUSINESS ENTERPRISES AND SMALL <br />BUSINESS ENTERPRISES REQUIREMENTS <br />The City of Lakewood supports diversity and inclusion and encourages the utilization of <br />Minority Business Enterprises, Female/Woman Business Enterprises, Disadvantaged Business <br />Enterprises and Small Business Enterprises as prime and subcontractors, and the utilization of <br />women and minority workers on construction projects. The Developer acknowledges that it will <br />undertake commercially reasonable measures to adhere to and require 25% participation by these <br />enterprises, provided that such participation is subject to availability of qualifying laborers and <br />contractors in the Cleveland -Elyria Metropolitan Statistical Area. It is understood and <br />acknowledged by the City that depending on market conditions, such participation may not be <br />attainable for all elements of the Project. The Developer shall provide the City with documentation <br />that reasonably demonstrates the efforts of the Developer, its affiliates, and all contractors and <br />subcontractors to comply with the terms of this Section. <br />XVIII. BUILDING TRADES <br />Developer recognizes the value of including building trades in the Project and will use <br />commercially reasonable efforts to work with the Cleveland Building and Construction Trades <br />Council and/or directly with its affiliate members in connection with the Project. <br />XIX. WAGE REQUIREMENT <br />The Developer, and any party with whom Developer directly contracts related to the <br />construction of the Project, will use commercially reasonable efforts to ensure that laborers and <br />mechanics employed on the Project are paid at the prevailing rates of wages of laborers and <br />mechanics for the class of work called for with respect to that work (determined in accordance <br />with ORC Chapter 4115 requirements for such determinations). <br />XX. REPORTING <br />Following the first whole month after which construction commences through the earlier <br />of (i) the issuance of a certificate of occupancy ("COO") for the Project, or (ii) the distribution of <br />all Incentives called for under this Agreement, the Developer shall provide a monthly status reports <br />to the City using the standard form to be negotiated and mutually -agreed by the Parties and <br />attached hereto as Exhibit G. which such form shall include reasonable levels of information <br />regarding Minority Business Enterprises, Female/Woman Business Enterprises, Disadvantaged <br />Business Enterprises, Developer agrees to provide the City with any reasonably requested <br />information necessary related to the construction of the Project to facilitate tracking of Project <br />16 <br />
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