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Nov 12 99 02:58p Diemert ~ Flssociates (4401442-0825 p.8 <br />accordance with the terms of this Settlement Agreement. The parties shaft <br />thereby dismiss with prejudice all claims and counterclaims in the Appropriation <br />Proceedings and Civil Litigation, reserving their right to enforce this Agreement <br />and the court orders, <br />10. The Village agrees to cooperate with Midvale to vacate the present "paper' <br />street sometimes referred to as "Midvale Avenue," on all of the property at issue, <br />whether owned by the Village of Mayfield or Midvale Associates. <br />11. Each of the parties shall be responsible for their respective legal and <br />professional fees and expenses, <br />12. The Village agrees that the easterly property will only be used for a public <br />purpose or other use as determined by the Village ~,uv ~s of i,~n• oAr~ Tte 1 <br />G~/.;i.!tl~n ~'~'+--S .c'c /~cA,;: ~f~ ~.c%-GJ;£5 T ,;ti, y•~c.,c.ti•y ~~c~i~~~~~k.r~r~- c°,ti u:.~:U r~i1A,f~ixicU vTir,_~~ <br />itlhN ~''`~°rI ~ :7 >G~ ~ <br />13. the Village agrees that the value of the easterly portion being purchased <br />-~.~~ <br />Ca) ~~ , ,, <br />hereunder may be greater than the price paid, and will not object to'~any attempt -~ ~\ <br />r~ ,Lr <br />by Midvale to show the fair market value to be greater ~`~ ~~~ ~;~- ~~"`/'xr,~~ '~~~ <br />// /' ~ / ~ / / ~.Cc~r !.. Ct. l~ <br />~a.c4' ~C_LL CGZ: M-+~G~u . {J.~'.~ ?,Zi. LL~ L! ~. 1Ll !1+`R~i.'t~ ~~Y • i hf'.":{, k •:l <br />14. The parties and their respective representatives executing and delivering this ~ <br />Agreement represent and warrant that they have full power and authority to take <br />such action, as recognized by all applicable laws. <br />15. This Agreement shalt be governed by the laws of the State of Ohio. <br />IN WITNESS WHEREOF, the parties have executed quad-duplicate copies of <br />this Agreement, each of which is considered to be an original, the day and year first <br />above written. <br />5 <br />