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J <br />RESOLUTION NO. 2020-24 <br />INTRODUCED BY: Mayor Bodnar <br />AN EMERGENCY RESOLUTION <br />TERMINATING THE DEVELOPMENT AGREEMENT <br />WITH ARTIS SENIOR LIVING OF MAYFIELD, L.L.C. <br />WHEREAS, the Village and Artis Senior Living of Mayfield, L.L.C. ("Artis") entered into <br />a certain development agreement dated March 1, 2018 (the "Development Agreement") for the <br />development of a memory care assisted living facility on permanent parcel numbers 831-05-015 <br />and 831-05-007 (the "Development") pursuant to Ordinance 2018-10; and <br />WHEREAS, the Development Agreement required Artis to immediately commence work <br />on the Development and in no event later than twelve (12) months after the building permits are <br />issued; and <br />WHEREAS, to date Artis has not commenced work on the Development nor sought the <br />issuance of building permits for the Development; and <br />WHEREAS, the Village has notified Artis in writing that Artis is in default under the terms <br />of the Development Agreement; and <br />WHEREAS, under the terms of the Development Agreement, the Village may terminate <br />the Development Agreement in the event of an uncured default and any approvals made as a <br />condition to the Development Agreement shall automatically terminate; and <br />WHEREAS, based on the default of Artis under the terms of the Development Agreement <br />it has been determined that it is in the best interest of the Village to terminate the Development <br />Agreement with Artis. <br />BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />SECTION 1. The Council of Mayfield Village hereby terminates the Development <br />Agreement between the Village of Mayfield and Artis Senior Living of Mayfield, L.L.C. dated <br />March 1, 2018 (the "Development Agreement") and hereby rescinds any approvals conditioned <br />on the Development Agreement. <br />SECTION 2. The Council of Mayfield Village does hereby direct the Mayor and <br />President of Council to execute any documents necessary to formalize the termination of the <br />Development Agreement between the Village of Mayfield and Artis Senior Living of Mayfield, <br />L.L.C. dated March 1, 2018. <br />