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ORDINANCE NO. 117-84
<br />
<br />BY: Brown, Chinnock, Gallagher, Graham,
<br /> McBride, Salmon, Wendling
<br />
<br /> AN EMERGENCY ORDINANCE authorizing the Director of Law to enter into
<br />a settlement agreement with the parties in the case of Women's Federal Savings
<br />and Loan Association of Cleveland vs. Singer, et. al., and to satisfy the
<br />'C'itY's lien on the property located at 1502 OrChard GroVe~ Lakewood, Ohio.
<br />
<br /> WHEREAS, pursuant to Resolution 5542 adopted by Council on March 18,
<br />1981, the City of Lakewood repaired and rehabilitated the property at 1502
<br />Orchard Grove Avenue, Lakewood, Ohio, owned by Mr. and Mrs. S.E. Singer at a
<br />cost of $29,140.45, in which amount a lien was duly filed on said property by
<br />the City, and
<br />
<br /> WHEREAS, the Women's Federal Savings and Loan Association of Cleveland
<br />filed a foreclosure action against the property owners and the City of Lakewood
<br />as a lienholder, said action being Case No. 46494 in the Court of Common Pleas
<br />of Cuyahoga County, and
<br />
<br /> WHEREAS, said property owners filed a crossclaim against the City of
<br />Lakewood claiming compensatory damages in the amount of $102,500 and punitive
<br />damages in the amount of $1,000,000, and
<br />
<br /> WHEREAS, the property owners have negotiated a sale of the property
<br />at the current appraised market value, said sale price, however, being insuffi-
<br />cient to pay even the liens recorded ahead of the City's lien, and
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<br /> WHEREAS, the property owner, Mr. and Mrs. S.E. Singer, have made a com-
<br />promise settlement offer in the amount of $2,000 to be paid to the City of
<br />Lakewood out of personal funds of the Singer's over and above the sale price of
<br />the property, and it would be in the best interest of the City to accept said
<br />compromise offer to release the City's lien in order to effectuate the sale of
<br />the property, and
<br />
<br /> WHEREAS, this ordinance constitutes an emergency measure providing
<br />for the usual daily operation of a municipal department; now, therefore,
<br />
<br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That the Director of Law is hereby authorized and
<br />directed to enter into a settlement agreement with the parties in the case of
<br />Women's Federal Savings and Loan Association of Cleveland vs. Singer, et. al.,
<br />Cuyahoga County Court of Common Pleas Case No. 46494, which settlement
<br />agreement shall include the provision for the payment of $2,000 to the City of
<br />Lakewood by Mr. and Mrs° S.E. Singer upon the execution and delivery by Mr. and
<br />Mrs. Singer of a full release in favor of the City of Lakewood duly approved by
<br />the Director of Law.
<br />
<br /> Section 2. That the Director of Law for and on behalf of the City of
<br />Lakewood is hereby authorized and directed upon the approval of the settlement
<br />agreement referred to in Section 1 hereof, to satisfy and release the lien of
<br />the City of Lakewood on the property located at 1502 Orchard Grove Avenue,
<br />Lakewood, Ohio.
<br />
<br /> Section 3. It is found and determined that all forma! actions of
<br />this Council concerning and relating to the passage of this ordinance were
<br />adopted in an open meeting of this Council, and that all such deliberations of
<br />this Council and of any of its committees that resulted in such formal action,
<br />were in meetings open to the public, in compliance with all legal requirements
<br />including Section 121.22 of the Ohio Revised Code.
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