10/7/2014 Meeting Minutes - Laserfiche WebLink

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Property at its boundary with Silverdale Road, North Olmsted, Ohio, and that no vehicular access will be permitted directly from the Property to Silverdale Road. This Second Restriction is likewise made for the benefit of the City of North Olmsted and the owners of property adjacent to the Property. This provision shall be suspended so long as Declarant, his successors, assigns and heirs, commences, completes and uses the Property in strict conformity with the Development Plan approved by the City of North Olmsted; City Council on the �'' day of 2014. Should Declarant, his successors, assigns and heirs fail within one (1) year of the date City Council approved the Development Plan to commence the Development Plan as evidenced by the application for building permits, or should Declarant, his successors, assigns and heirs fail to complete, within one (1) year of the issuance of building permits, the Development Plan as evidenced by issuance of a Certificate of Occupancy, or should Declarant, his successors, assigns and heirs fail to use the property consistent with the Development Plan approved by the City of North Olmsted, City Council on the ' �h day of 00,AA 2 , 2014, then the restrictions set forth in the Declaration of Restrictions shall be of full force and effect. 3. That the Paragraphs captioned THIRD and FOURTH, as restated herein, shall remain unmodified: THIRD: Subject to the provisions of Paragraph captioned "Fourth" below, the restrictions and covenants created by the Declaration of Restrictions shall create a perpetual covenant running with the land and shall be binding upon the Property and upon Declarant and its successors and assigns. Further, the restrictions and covenants shall inure to the benefit of the City of North Olmsted and to adjacent landowners. The provisions of the Declaration of Restrictions shall not be amended, terminated or otherwise modified without the written consent of the Declarant, his successor and assigns, as owner of the Property, and the City of North Olmsted, as evidenced by a majority vote of City Council. Prior notice of any proposed amendment, termination or modification shall be given in writing to all abutting landowners at least two (2) weeks prior to any such City Council vote. FOURTH: Notwithstanding any provision of this Declaration to the contrary, this Declaration shall become effective only at such time as Declarant's application for rezoning of the Property from a residential classification to a retail or parking use classification is finally approved by the City of North Olmsted and shall remain in effect only for so long as the Property is zoned for such a use under the zoning laws of the City of North Olmsted. 4. Except as hereinabove provided, the terms and conditions of the Original Declaration of Restrictions shall remain in full force and effect. in the event of any conflict between the terms and conditions of this Amended Declaration of Restrictions and the terms and conditions of the Original Declaration of Restrictions, the terms and conditions of the Amended Declaration of Restrictions shall control. This Amended Declaration of Restrictions shall be binding upon and inure to the benefit of the parties hereto and their respective