03-2024 - Authorize Development Agreement with LDC Warren LTD, LLC

Home Browse Search

DocuSign Envelope ID: 92860B03-367C-49AA-BA95-OFDE6BFCF177 Project does not meet the material requirements of the City's zoning regulations, then the Developer must obtain the applicable City approvals for the portion(s) of the Project through the appropriate reviewing body or reconstruct the noncomplying portion of the Project. C. The Developer, and any successors and assigns who subsequently become subject to this Agreement in accordance with Section XXIX(D) hereof (an "Assignee"), shall materially comply with all regulations and provisions set forth in the City's zoning code, subject to any now existing or hereafter applicable variances. The Developer, and any Assignee, shall also materially comply with any applicable Federal, State and local regulations in addition to any of the requirements set forth in the zoning code. D. Developer hereby further represents and warrants to the City that: (1) It is authorized to do business under the laws of the State of Ohio and is fully qualified to transact its business in the State of Ohio; (2) It is not in material violation of or in conflict with any provisions of the laws of the United States of America or the State applicable to the Developer that would impair its ability to carry out its obligations contained in this Agreement; (3) This Agreement has, by proper action, been duly authorized, executed and delivered by the Developer, and all steps necessary to be taken by the Developer, have been taken to constitute this Agreement, and the covenants and agreements of the Developer contemplated herein and therein, are valid and binding obligations of the Developer, enforceable in accordance with their terms; (4) It has full power and authority to execute, deliver and perform this Agreement; (5) To the best of Developer's knowledge, the execution, delivery and performance of this Agreement do not, and will not, violate any provision of law applicable to the Developer or the Developer' organizational or operating agreements, and neither the entering into this Agreement nor the performance thereof will constitute a violation or breach by the Developer of any contract, agreement, understanding or instrument to which the Developer are a party or by which the Developer are subject or bound, or of any judgment, order, writ, injunction or decree issued against or imposed upon them as of the time of execution hereof, or will result in the violation of any applicable law, order, rule or regulation of any governmental or quasi -governmental authority; 4