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Ordinance 2015-103
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Ordinance 2015-103
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12/23/2015 7:15:54 PM
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North Olmsted Legislation
Legislation Number
2015-103
Legislation Date
11/17/2015
Year
2015
Legislation Title
Community Reinvestment Area (CRA) and Tax Abatement for Aloft Hotel Project
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to effect, claim, reserve, and maintain exemptions from taxation granted under this <br /> Agreement including,without limitation,joining in the execution of all documentation and <br /> providing any necessary certificates required in connection with such exemptions. <br /> 8. If for any reason the Community Reinvestment Area designation expires,the Director of the <br /> Ohio Development Services Agency revokes certification of the zone, or the City of North <br /> Olmsted revokes the designation of the zone,entitlements granted under this Agreement shall <br /> continue for the number of years specified under this Agreement, unless BIW Properties <br /> materially fails to fulfill its obligations under this Agreement and the City of North Olmsted <br /> terminates or modifies the exemptions from taxation granted under this Agreement. <br /> 9. If BIW Properties materially fails to fulfill its obligations under this Agreement,or if the City <br /> of North Olmsted determines that the certification as to delinquent taxes required by this <br /> Agreement is fraudulent,the City of North Olmsted may terminate or modify the exemptions <br /> from taxation granted under this Agreement and may require the repayment of the amount of <br /> taxes that would have been payable had the property not been exempted from taxation under <br /> this Agreement. <br /> 10. BIW Properties hereby certifies that at the time this Agreement is executed,BIW Properties <br /> does not owe any delinquent real or tangible personal property taxes to any taxing authority <br /> of the State of Ohio, and does not owe delinquent taxes for which BIW Properties is liable <br /> under Chapter 5733., 5735., 5739., 5741., 5743., 5747.,or 5753.of the Revised Code,or,if <br /> such delinquent taxes are owed, BIW Properties currently is paying the delinquent taxes <br /> pursuant to an undertaking enforceable by the State of Ohio or an agent or instrumentality <br /> thereof,has filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq.,or such a petition <br /> has been filed against BIW Properties. For the purposes of the certification,delinquenttaxes <br /> are taxes that remain unpaid on the latest day prescribed for payment without penalty under <br /> the chapter of the Revised Code governing payment of those taxes. <br /> 11. BIW Properties affirmatively covenants that it does not owe: (1)any delinquent taxes to the <br /> State of Ohio or a political subdivision of the State; (2) any moneys to the State or a state <br /> agency for the administration or enforcement of any environmental laws of the State;and(3) <br /> any other moneys to the State, a state agency or a political subdivision of the State that are <br /> past due,whether the amounts owed are being contested in a court of law or not. <br /> 12. BIW Properties and the City of North Olmsted acknowledge that this Agreement must be <br /> approved by formal action of the legislative authority of the City of North Olmsted as a <br /> condition for the Agreement to take effect. This Agreement shall take effect upon such <br /> approval. <br /> 13. The City of North Olmsted has developed a policy to ensure recipients of Community <br /> Reinvestment Area tax benefits practice non-discriminating hiring in its operations. By <br /> executing this Agreement, BIW Properties is committing to following non-discriminating <br /> hiring practices acknowledging that no individual may be denied employment solely on the <br /> basis of race,religion, sex, disability, color,national origin, or ancestry. <br /> 14. Exemptions from taxation granted under this Agreement shall be revoked if it is determined <br />
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