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` ORDINANCE NO. 2018 -10 INTRODUCED BY: Mayor Bodnax and Council as a Whole AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE 1VIAYOR TO ENTER INTO A DEVELOPMENT AGREEIVIENT WITH AlaTIS SENIOR LIVING OF MAYFIELD, L.L.C. VVHEREAS, the Village and Artis Senior Living of Mayfield, L.L.C., ("Artis"), desire to enter into an agreement involving the improvements to certain vacant property; and WHEREAS, Artis proposes to develop and operate a memory care assisted living facility on permanent parcel numbers 831-05-015 and 831-05-007 (the "Property") hereinafter referred to as (the "Development"); and WHEREAS, the Property is zoned partly Office-Laboratory and partly Single Family Residential, and has received a"Use" variance pursuant to the Village Charter; and WHEREAS, the Property is also subject to a certain Court Ordered Settlement Agreement in Case No. 2005 ADV 0102032 consolidated with Case No. CV 05-566681 which will hereinafter be referred to as (the "Settlement"); and WHEREAS, pursuant to the Settlement, any development of the Property, among other items must comply with certain provisions; and WHEREAS, the Development Agreement attached hereto and incorporated herein as Exhibit "A" is entered into by the parties to recognize and ensure full compliance with the Village's zoning, the parameters and provisions of the Settlement and to fully memorialize the parties' respective rights, agreements and obligations relating to the Development as approved by the various Boards, Commissions and Council, which are all incorporated into the Development Agreement. NOW, THEREFORE, BE IT O1tDAINED by the Council of Mayfield Village, Cuyahoga County, State of Ohio that: SECTION 1. The Mayor and President of Council are authorized and directed to enter into a Development Agreement with Artis Senior Living of Mayfield, L.L.C. in a form substantially similar to that set forth in Exhibit "A", attached hereto and incorporated herein by reference.