2021 24 RESOLUTION - Laserfiche WebLink

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1) Construction of Improvements. Mars and 354 Miner shall construct and install the Improvements in a good and workmanlike manner, according to all applicable Village codes and specifications and in substantial compliance with the proposed Site Plan, attached hereto as Exhibit "A" and Scope of Work attached hereto as Exhibit "B" and incorporated herein by reference (collectively the "Plans"). All required applications shall be submitted and fees paid in accordance with the applicable laws, rules, regulations, codes and ordinances in effect on the Effective Date. All permits necessary for the Improvements shall be issued by the Village, subject to Mars and 345 Miner qualifying therefor, as soon as practicable after submittal and approval and in the usual course of business. 2) Cost of Improvements. 345 Miner shall contribute the materials and labor needed to construct the mounding necessary in accordance with the Plans (the "345 Miner Improvements"), at its sole cost and expense. Mars shall cause the landscaping to be constructed in accordance with the Plans (the "Mars Improvements"), at its sole cost and expense. The Village shall contribute an amount not to exceed $9,000 to Mars for the construction of the Mars Improvements promptly after being provided with evidence that the Improvements have been completed and all costs associated therewith have been paid. 3) Timing of Improvements. 345 Miner shall construct the 345 Miner Improvements within a reasonable amount of time after the Effective Date in order to enable Mars to complete the Mars Improvements in accordance with this section. Mars shall cause the Mars Improvements to be completed by November 1, 2021 in order to allow planting during the fall months for the preservation of plantings contemplated. Thereafter, Mars shall be responsible for the continuing maintenance of the Improvements at its sole cost and expense so long as Mars is a tenant or owner of the Mars Property. However, in the event replacement of any spruce trees is necessary, 345 Miner or its successors or assigns shall be responsible for such replacement at its sole cost and expense. 4) Business Operations. Mars shall continue its business operations in Mayfield Village for a minimum of five (5) years from the Effective Date. In the event Mars moves its operation out of Mayfield Village prior to the expiration of said five (5) year period, Mars shall return the $9,000 contribution from Mayfield Village within ten (10) days of ceasing business operations within Mayfield Village. 5) Default. In the event Mars or 345 Miner fail to comply in any material respect with any term or condition of this Agreement, the Village may declare a default through the provision of written notice to Mars or 345 Miner. In the event Mars or 345 Miner fails to cure such default within thirty (30) days after receipt of written notice from the Village (or if such further time is reasonably required to cure, the Village in its sole discretion may grant an extension in writing of up to sixty (60) days provided Mars or 345 Miner commences actions to cure such default within such thirty (30) day period and diligently pursues same), the Village may, at its sole option, terminate this Agreement. Further, upon default of Mars under this section, the Village may require Mars to return any funds