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2011 036 Ordinance
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2011 036 Ordinance
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Last modified
11/19/2018 4:07:15 PM
Creation date
9/7/2018 5:57:48 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
036
Date
10/17/2011
Year
2011
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addition, notwithstanding anything contained herein to the contrary, Deacon may only avail <br />itself of the proposed rezoning for the Rezoned Property, if approved by the electorate, and <br />after all requisite deed restrictions and requirements set forth herein have been complied with <br />and appropriately recorded. <br />b. Village Council. This Development Agreement and all terms and provisions <br />hereof are subject to and conditioned upon the approval or ratification by duly enacted <br />ordinance or resolution of Mayfield Village Council. <br />c. Approvals of the Village. Any provision of this Development Agreement <br />requiring the approval of the Village, the satisfaction or evidence of satisfaction from the <br />Village, certificate or certification by the Village or the opinion of the Village, shall be <br />interpreted as requiring action by the Mayor (or such other applicable official as the Mayor <br />may from time to time appoint or designate) granting, authorizing or expressing such <br />approval, satisfaction, certification or opinion, as the case maybe, unless such provision or <br />the administrative procedures applicable to the Village expressly provide otherwise. <br />d. Estoppel Certificate. Each party agrees that within twenty (20) days after receipt <br />of written request from the other party, it will issue to such party, or its prospective <br />mortgagee or successor, an estoppel certificate stating to the best of such party's knowledge <br />that as of such date: <br />i) whether it knows of any default under this Development Agreement by the <br />requesting party, and if there are any known defaults, specifying the nature <br />thereof; <br />ii) whether this Development Agreement has been assigned, modified or amended in <br />any way by it and if so, then stating the nature thereof; <br />iii) whether this Development Agreement is in full force and effect; and <br />iv) any other reasonable matters relating to this Development Agreement. <br />e. Termination of Agreement. Upon completion of the Improvements and <br />acceptance thereof by the Village and all. other obligations of Deacon hereunder or in the <br />event of termination of this Development Agreement in connection with paragraph 5 a above, <br />the parties agree to execute, in recordable form if requested by either party, a statement <br />confirming termination of this Development Agreement. It is also explicitly understood and <br />agreed that in the event the Rezoned Property is NOT approved by the electorate, this <br />Agreement shall automatically terminate. . <br />f. Severability. If anyone or more of the provisions contained herein shall for any <br />reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality <br />or unenforceability shall not affect any other provisions of this Development Agreement, but <br />this Development Agreement shall be construed as if such invalid, illegal or unenforceable <br />provisions had not been contained herein. <br />4 <br />
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