2005-028 Resolution - Laserfiche WebLink

Home Browse Search

RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement (the "Agreement ") is entered in to as of this day of March 2005, by, between, and among Ganley Real Estate Co., on behalf of its parents, subsidiaries, affiliates, successors, and assigns ( "Ganley "), and each of them, jointly and severally (hereinafter referred to as the "Plaintiff'), and the City of North Olmsted, Cuyahoga County, Ohio, its Council, Council members, officers, officials, agents, and employees, and (the "City ") (hereinafter collectively referred to as "Defendant "), all of whom may singularly be referred to as a "Party" and shall collectively be referred to herein as the "Parties." WITNESSETH: WHEREAS, Plaintiffs have filed a lawsuit against the City styled State of Ohio, ex rel. Ganley Real Estate Co. v. City of North Olmsted, Case No. 04CV542871, in the Cuyahoga County Common Pleas Court (hereafter referred to as the "Litigation "); WHEREAS, the Parties mutually desire to completely dispose of all claims, actions and causes of action, whether legal or equitable, which the Parties may have against each other, from the beginning of the world to the date of this Agreement; WHEREAS, it is understood and agreed that the provisions hereof are not intended to be, and shall not be taken as, admissions of liability by the Parties, either with respect to the claims and subject matter of the Litigation or otherwise, and that this Agreement is made simply as a compromise of disputed claims in order to avoid further costs of future litigation; and WHEREAS, the releases made and given herein have been made and given without reliance upon any statement or representation of the Parties hereto, except for the express representations and warranties contained herein. NOW, THEREFORE, for and in consideration of the above premises, the mutual promises, -s, and agreements herein contained, and for other good and valuable consideration, the Parties as follows: