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SETTLEMENT AGREEMENT AND RELEASE THIS AGREEMENT is entered into by and between the Estate of Anne Donovan, Cuyahoga County Probate Court Case No. 2004 EST 0085358, c/o Victoria Nagy Smith, Administrator [hereinafter, "Estate of Anne Donovan"), and the City of North Olmsted, Ohio, a municipal corporation [hereinafter, "City "] . RECITALS Whereas, on or about October 31, 2002, twelve (12) household pets were taken to the City kennel by the Animal Warden for safekeeping and due to the incapacity of Anne Donovan, resident of 5832 Elmhurst, North Olmsted, Ohio; and Whereas, on March 3, 2003, kennel fees of $10 per day and per animal were computed for a total of $13,270.00 and an invoice was issued to Victoria Nagy Smith, Guardianship of Anne Donovan, Cuyahoga County Probate Case No. 2002 GDN 0069601 on March 31, 2003; and Whereas, following the death of Anne Donovan on January 14, 2004, the City presented and diligently pursued a claim against the Estate of Anne Donovan, which remained pending during the administration of her affairs, including the renovation and sale of her home at 5832 Elmhurst; and Whereas, all claims against the Estate of Anne Donovan, including the City's claim of $13,270.00 and including a substantial and preferential claim by Medicaid, exceed the assets of the Estate of Anne Donovan, resulting in an offer from the Administrator of the Estate of Anne Donovan to compromise and discount the City's kennel services fee by $8,870.00, reducing payment on the City's claim to $4,400.00; and Whereas, City Council has authorized the Director of Law to prepare this Agreement and Release, and the Mayor to enter into it on behalf of the City; Now, Therefore, the parties to this Agreement and Release, in consideration of the mutual covenants and obligations to be performed by each, and acknowledging the sufficiency of the consideration which flows to each, agree as follows: