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fVov 12 99 02:58p Diemert S. Flssacietes (440)442-0825 p.7 <br />acceptable to Midvale and the Village Council, Boards and Commissions of <br />Mayfield Village. Midvale's designee Governor's Pointe has submitted a site <br />plan to the Village for the use and development of this property, which is <br />~' <br />''~; ; ~~ <br />~ ~ attached hereto as Exhibit "A", and which will be reviewed by the Village and <br />:~':.- r-e-spflr~de~ by the Village within 60 days after its submission by Midvale or its <br />designee. The Village finds such site plan to be acceptable in its present or <br />~ %C,X ii.laY iVi G1- lZ ~+ CI^%'/Lti i)•-F~o~ S'fN`~.'ti~ T,{e~:Gtiv. <br />~~' reasonably comparable form,' in the event that the parties cannot reach an <br />agreement as to such site plan, use and development, same shall be promptly <br />submitted to an independent arbitrator mutually agreeable to both parties, whose <br />decision will be final, but whose decision shall be consistent with the intent and <br />purpose ofi the Village's zoning usages and of this Agreement. The parties' first <br />choice will be the Honorable George McMonagle to serve as such Arbitrator and <br />then the Honorable Joseph Nahra should fhe Honorable George McMonagle be <br />unable to serve, The costs of same to be divided equally between the parties. <br />8. The Village agrees that a Journal Entry stating the above shall be entered into <br />the Civil Litigation and/or Appropriation Proceeding rezoning the subject <br />property to the use stated above and upon the terms and conditions set forth <br />above. <br />9. This Agreement shall be incorporated by reference as a joint order of the courts <br />in the Appropriation Proceeding and the Civil Litigation and shall be enforced as <br />the orders of said courts. The respective final entries for each case shall be <br />submitted to the respective courts for acceptance and journalization in <br />4 <br />