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RESOLUTION NO. 92-35 <br />INTRODUCED BY: Mayor Pietrafese and Council as a Whole <br />A RESOLUTION <br />AUTHORIZING A SETTLEMENT OF ALL <br />LITIGATION CONCERNING THE PARKVIEW GOLF COURSE <br />WHEREAS, there has been lengthy and costly litigation <br />involving the LaConte family versus the Village of Mayfield and <br />various public officials over a considerable number of years <br />concerning the use of seventy-six acres within the Village, part of <br />which comprises the Parkview Golf Course; and <br />WHEREAS, the Village has previously initiated proceedings to <br />acquire the property by eminent domain so as to protect it in the <br />manner in which the property was used and/or developed; and <br />WHEREAS, in order to settle all litigation against the Village <br />and its officials, and in lieu of appropriating the property at <br />this time, the Plaintiffs and the Village have agreed to enter into <br />a settlement agreement involving an option to purchase the <br />property, said settlement agreement being attached hereto and <br />incorporated herein by reference. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: <br />SECTION 1. That the Mayor, Law Director, and Director of <br />Finance are authorized to enter into and implement the settlement <br />agreement attached hereto and incorporated herein by reference as <br />Exhibit "I". <br />SECTION 2. The Director of Finance is authorized to make <br />payments as authorized and agreed upon within the settlement <br />agreement. <br />SECTION 3. The Council finds and determines that all formal <br />actions of the Council relating to the adoption of this Resolution <br />have been taken at open meetings of this Council; and that <br />deliberations of this Council and of its committees, resulting in <br />such formal action, took place in meetings open to the public in <br />compliance with all statutory requirements including the <br />requirements of Section 121.22 of the Ohio Revised Code. <br />SECTION 4. This Resolution s ke ef e at t earliest <br />time allowed by law. , f? j <br />CE RINKER, <br />ncil President