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2004 042 Ordinance
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2004 042 Ordinance
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Last modified
11/19/2018 3:59:35 PM
Creation date
8/22/2018 5:31:19 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
042
Date
9/27/2004
Year
2004
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It is intended and agreed, and it shall be so provided by the Company in any future deed from the <br />Company conveying the Property or any part thereof, that the covenants provided in this Section 2 shall be <br />covenants running with the land and that they shall, in any event and without regard to technical <br />classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and <br />equity, for the benefit and in favor of and enforceable by, the Village, against the Company and its <br />successors and assigns, to all of the Property or any part thereof or interest therein, including, without <br />limitation, any grantee in a conveyance of the Property or any part thereof through judicial process, <br />whether or not this Agreement remains in effect or whether or not such provision is included by the <br />Company in any succeeding deed by the Company to its successors and assigns. It is further intended and <br />agreed that these agreements and covenants shall remain in effect for the full period of exemption <br />permitted in accordance with the requirements of the Act and the Village's TIF Ordinance and any other <br />ordinances enacted pursuant thereto. <br />_ Section 3. Declaration of Restrictions. The Property shall be made subject to the covenants <br />mm~ing with the land provided in Section 2 hereof, by the signing and recording by the Company of a <br />declazation of restrictions (the "Declaration") in form and substance satisfactory to the Village and the <br />Company and which Declazation shall be signed by the Company and recorded in the official records of <br />Cuyahoga County prior to passage by the Village Council of its ordinance authorizing entering into a loan <br />agreement with the State of Ohio, or issuance of the Village's notes, to finance costs of the Public <br />Improvements The Declazation and said covenants shall be specifically enforceable by the Village by <br />mandatory injunction or any other remedy at law or in equity. <br />Section 4. Termination. This Agreement shall terminate upon the expiration of the Exemption <br />Period referred to in Section 2 hereof and the full payment of all Service Payments payable with respect to <br />such Exemption Period. <br />Page 5 of 14 <br />
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