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2018-085 Ordinance
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2018-085 Ordinance
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10/5/2018 2:41:47 PM
Creation date
10/5/2018 2:37:09 PM
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North Olmsted Legislation
Legislation Number
2018-085
Legislation Date
10/2/2018
Year
2018
Legislation Title
OMNI Senior Living CRA
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If for any reason the Community Reinvestment Area designation expires, the Director of <br />the Ohio Development Services Agency revokes certification of the zone, or the City of <br />North Olmsted revokes the designation of the zone, entitlements granted under this <br />Agreement shall continue for the number of years specified under this Agreement, unless <br />Omni materially fails to fulfill its obligations under this Agreement and the City of North <br />Olmsted terminates or modifies the exemptions from taxation granted under this <br />Agreement. <br />9. If Omni materially fails to fulfill its obligations under this Agreement, or if the City of <br />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 <br />exemptions from taxation granted under this Agreement and may require the repayment <br />of the amount of taxes that would have been payable had the property not been exempted <br />from taxation under this Agreement. <br />10. Omni hereby certifies that at the time this Agreement is executed, Omni does not owe <br />any delinquent real or tangible personal property taxes to any taxing authority of the State <br />of Ohio, and does not owe delinquent taxes for which Omni is liable under Chapter <br />5733., 5735., 5739., 5741., 5743., 5747., or 5753. of the Revised Code, or, if such <br />delinquent taxes are owed, Omni currently is paying the delinquent taxes pursuant to an <br />undertaking enforceable by the State of Ohio or an agent or instrumentality thereof, has <br />filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or such a petition has been <br />filed against Omni. For the purposes of the certification, delinquent taxes are taxes that <br />remain unpaid on the latest day prescribed for payment without penalty under the chapter <br />of the Revised Code governing payment of those taxes. <br />11. Omni affirmatively covenants that it does not owe: (1) any delinquent taxes to the State <br />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 <br />(3) any other moneys to the State, a state agency or a political subdivision of the State <br />that are past due, whether the amounts owed are being contested in a court of law or not. <br />12. Omni and the City of North Olmsted acknowledge that this Agreement must be approved <br />by formal action of the legislative authority of the City of North Olmsted as a condition <br />for the Agreement to take effect. This Agreement shall take effect upon such 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, Omni is committing to following non -discriminating hiring <br />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 <br />determined that Omni, any successor property owner, or any related member (as those <br />terms are defined in Section 3735.671 of the Ohio Revised Code) has violated the <br />prohibition against entering into this Agreement under Division (E) of Section 3735.671 <br />or Section 5709.62 or 5709.63 of the Ohio Revised Code prior to the time prescribed by <br />that division or either of those sections. <br />
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