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Nov 12 99 02:57p Diemert ~ Rssociates [4401442-0825 <br />~~~ <br />~' , <br />;~~;:' AGREEMENT <br />THIS SETTLEMENT ("AGREEMENT"), is made this 25th day of October, 1999, <br />by and between the Village of Mayfield, (The "Viiiage") and Midvale Associates, L.P. <br />("Midvale"). Whereas. Midvale was the owner of real property shown on Exhibit A and <br />attached hereto. The property is more fully described as Sublots 75, 76, 77, 78 and 79 <br />on the westerly portion of the property, and Sublots 34, 35, 36, 37, 38, and 39 on the <br />easterly portion of the subject property. The above described area contains all of the <br />auditor's permanent parcel numbers 831-5-27, 831-5-28, 831-5--29, 831-5-30, <br />831-5-31, 831-5-44, 831-5-45, 831-5-46, 831-5-47, 831-5-48, and 831-5-49 <br />(hereinafter referred to as the "Quick Take Property"). <br />WHEREAS, the Village has taken fee simple interest in the above property by <br />Eminent Domain in an action captioned THE VILLAGE OF MAYFIELD V. MIDVALE <br />ASSOCIATES, L. P. ET AL., Cuyahoga County Probate Court, Case Number 1998 Adv <br />0007248, (hereinafter referred to as "the Appropriation Proceeding") <br />WHEREAS, the Village and Midvale are also parties to other litigation captioned <br />MIDVALE ASSOCIATES, L.P. V. THE VILLAGE OF MAYFIELD OHIO, Cuyahoga <br />County Common Pleas Court Case Number 357825, (hereinafter referred to as the <br />"Civil Litigation") <br />WHEREAS, the Viiiage intends to utilize the above described property for public <br />p.4 <br />use/street purposes. <br />