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149 <br />MINUTES OF A SPECIAL MEETING OF COUNCIL <br />Mayfield Village <br />September 9, 1992 <br />The Council of Mayfield Village met in Special Session on Wednesday, September 9, 1992, at <br />5:04 p.m. in the Council Chambers at the Village Hall. Council President Bruce Rinker presided. <br />ROLL CALL: Present: Mr. Basile, Mr. Busa, Nirs. Cinco, Mr. Fenante, Mr. Fixler, <br />Mr. Flynn, and Mr. Rinker <br />Absent: None <br />Also Present Were: Mayor Pietrafese, Miss Heath <br />Note: The following discussion is relative to a litigarion matter concerning Parkview Golf Course. <br />Mr. Rinker said they were here last week but they did not have everything executed. He was <br />advised that three copies of the agreement have been fully executed. (This includes the sections of <br />the setdement agreement, agreement of sale, and real estate option agreement.) He said they are <br />undated but we will fill in the date we accept this agreement; he sees no problem with that. Mr. <br />Rinker said he would pass around copies for everyone to look at (and did so at this time.) Mr. <br />Rinker said we do not have present counsel in the audience, and asked Mr. Welty (in the audience) <br />to conf'um that. <br />Mr. Welry said they no longer represent the LaConte's. T'hey were advised they were dismissed <br />from the case effective last Friday. <br />Mr. Fixler asked if three executed sets out of ten would be legally binding. <br />Mr. Rinker said that one set would be legal. <br />Mr. Flynn asked if the judge will accept three. <br />Mr. Rinker said all he needs is one. <br />Mr. Flynn asked the procedure from here on. <br />Mr. Rinker said first they submit it to the Court so they will dismiss the lawsuit. For our own <br />part, we need to appropriate monies. We should not pay anything until Judge Matia makes the <br />journal entry that it was dismissed; and we should not do anything further until we have <br />confirmation that the Probate Court has accepted the agreement. <br />Mr. Busa asked if they showed an executed date. <br />Mr. Rinker said we have not yet signed the agreement. We will write in the date when we pass the <br />resolution and that will become the effective date. <br />Mr. Flynn asked if we get word from Judge Maria and Probate Court that the lawsuit is dismissed, <br />then will it be up to us to pay them and to rescind the eminent domain ordinance. <br />Mr. Rinker said yes.