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J <br />IN THE COURT OF COMMON PLEAS <br />CUYAHOGA COUNTY, OHIO <br />PROBATE DIVISION <br />PROBATE C@URfi <br />F I L E D <br />APR ~:•~~ 2Q9~ <br />CUYAHOGA CC~~1~`~, fl. <br />VILLAGE OF MAYFIELD, ) CASE N0.2005 ADV 0102032 <br />} Consolidated With: CASE NO. CV 05 566681 <br />Plaintiff, ) <br />JUDGE JOHN J. DONNELLY <br />v. ) <br />COSTANZO & SON CO., et al., } <br />JOURNALIZATION OF <br />Defendants. ) SETTLEMENT AGREEMENT <br />This matter came on for trial.. this 27th day of February, 2006, upon the Complaint <br />of Plaintiff (the "Village") against the Defendants ("Costanzo"). After impaneling the <br />Jury and Opening Statements, the Court finds that Costanzo agrees to convey its fee <br />-simple interest in 500 SOM Center Road, Permanent Parcel Number 831-09-005, to the <br />Village upon the following terms and conditions which are accepted by the Court and <br />ordered into execution as follows; to wit: <br />1) The Village agrees to pay Three Million Dollars ($3,000,000.00) to Costanzo <br />at the time-500 SOM Center Road is transferred to the Village in fee simple; and <br />2} The Village agrees to transfer to Costanzo in fee simple 286 SOM Center <br />Road, Permanent Parcel Number 831-05-007 and the "Midvale," property behind it <br />known as Consolidated Permanent Parcel Number 831-05-015, up to North Commons <br />Boulevard and that the single family residence at 286:is demolished at Village expense, <br />the SOM Center curb cut for'the driveway is eliminated, and that the residentially zoned <br />property remains "green," i.e. undeveloped, as a deed restriction attached hereto; and <br />