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2018 010 Ordinance
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2018 010 Ordinance
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Last modified
3/22/2019 10:59:24 AM
Creation date
3/22/2019 4:17:24 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
010
Date
2/19/2018
Year
2018
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<br />b. The Village may require the posting of a bond for the Development in an amount <br />deternuned to cover damage to adjacent roadways or Village property. <br />5. Miscellaneous. <br />a. Contingency. Notwithstanding anything contained herein to the contrary, ARTIS <br />shall have no obligation to perform any of the obligations set forth herein unless and until <br />it shall have obtained final plan approval, and issuance of building permits by the Village. <br />If pernuts are not issued or ARTIS does not commence development within one (1) year <br />of final approval, and issuance of permits, unless extended by the provisions of this <br />Agreement, either party shall have the right to terminate this Development Agreement by <br />providing written notice to the other and thereafter, this Development Agreement shall <br />temunate as of the date of such notice. In addition, notwithstanding anything contained <br />herein to the conirary, ARTIS may only use that part of Permanent Parcel Number 831-_ <br />05-015 approved for the "Use" variance or commercial purposes compatible with the <br />underlying zoning, and after all requisite deed restrictions and requirements set forth <br />herein have been complied with and appropriately recorded as necessary. <br />b. Village Council. This Development Agreement and a11 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 or Village <br />Board or Commissioner as the Mayor may from time to time appoint or designate or as <br />required by the Village Charter and codified ordinances) granting, authorizing or <br />expressing such approval, satisfaction, certification or opinion, as the case may be, unless <br />such provision or the administrative procedures applicable to the Village expressly <br />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 <br />knowledge 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 />3
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