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CITY OF NORTH OLMSTED RESOLUTION NO. 2004 -147 BY: Council Member Gareau A RESOLUTIONAUTHORIZING THE MAYOR TO EXECUTE A MUTUAL SETTLEMENTAGREEMENTAND RELEASE WITHDANIEL BlSKVVD AND NORTH OLMSTED LAND HOLDINGS, LTD., RELATING TO THE ZONING AND DEVELOPMENT OF AN APPROXIMATELY TWENTY-FOUR ACRE PARCEL OF LAND, LOCATED IN NORTH OLMSTED ALONG BROOKPARK ROAD BETWEEN GREAT NORTHERN BOULEVARD AND COLUMBIA ROAD (COMMONLY KNOWN IN THE CITY AS "PARCEL E'), AND DECLARING AN EMERGENCY. WHEREAS, Daniel Biskind and North Olmsted Land Holdings, Ltd. (hereinafter collectively referred to as "Biskind") are, or were, at relevant times, the owners of a certain approximately 24- acre parcel or parcels of land (commonly known in the City and hereinafter referred to as "Parcel E") located immediately north of Brookpark Road, and between Great Northern Boulevard and Columbia Road, in the City of North, Ohio; and WHEREAS, Biskind filed two civil actions against the City of North Olmsted in 1997, which were consolidated under the na.me ofNorth Olmsted Land Holdings Ltd v City of North Olmsted, et al, Cuyahoga County Court of Common Pleas Case Nos. 330597 and 330969, contesting the validity and constitutionality of the office use only zoning classification of said Parcel E; and WHEREAS, the Court of Common Pleas for Cuyahoga County, Ohiq declared the zoning of Parcel E to be unconstitutional and ordered the City of North Olmsted to rezone the said land to a constitutionally valid zoning classification, which was required to pennit some retail use on the land; and WHEREAS, following exhaustion of its appellate remedies, the City of North Olmsted in October 2002 timely rezoned the said Parcel E to a Mixed Use Development classification that permitted up to fifly-percent (50%) retail use on the said land; and WHEREA.S, Carnegie Management Company, a developer who entered irrto a contract with Biskind to purchase and develop Parcel E, has submitted development plans to the City of North Olmsted and has received administrative approval, including variances, for a mixed use development that would include substantially more than fifty-percent (50%) retail use on Parcel E; and WHEREAS, on the recommendation of the Director of Law, the City of North Olmsted's administrative approval of the mixed use development proposal for Parcel E, including all required variances, was conditioned upon Biskind executing a document waiving and releasing any and a11 claims that Biskind may have against the City of North Olmsted, and its officials and employees, arising out of the previous zoning classification of Parcel E for office use only and the litigation which ensued;and