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Resolution No. 2004-147 <br />WHEREAS, Biskind has requested that the City and Biskind enter into a mutual settlement <br />agreement and release regarding this entire matter, and the Director of Law, upon review, has <br />recommended that this Council authorize the Mayor to execute such a mutual settlement agreement <br />and release regarding this matter; <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OffiO: <br />SECTION 1: That the Mayor be and he hereby is authorized to execute a mutual <br />settlement agreement and release with Daniel Biskind and North Olmsted Land Holdings, Ltd, <br />arising out of and relating to the past and present zoning of Parcel E, all past litigation between <br />the City and Biskind, and any and all claims, past or present, that either the City of North <br />Olmsted or Biskind may have against the other arising out of or in any way related to Parcel E. <br />Said mutual settlement agreement and release shall be in the form and substance of attached <br />Exhibit A, with only such changes therein as are not substantially adverse to the City and which <br />are approved by the Director of Law. The character of any such changes as not being substantially <br />adverse to the City shall be evidenced conclusively by the execution of the agreement by the <br />Mayor and the approval of the agreement by the Director of Law. <br />SECTION 2: That this Resolution is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public health, safety and welfare, and for the further <br />reason that it is necessary that this Resolution go into effect immediately in order to meet deadlines <br />scheduled for the closing of the estate transaction between Biskind and Carnegie Development <br />Company, and further provided it receives the affirmative vote of two-thirds of a11 members of <br />Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor <br />PASSED: i?? J/? ?oc, ? First Readin; <br />Second Reaa <br />` Third Readir <br />Committee: <br />A <br />ARA L. SEMAN <br />of Council <br />?C- l Y?-C?-._--? I • ? ? <br />TH S E. O 'GRADY <br />President of Council <br />APPROVED: 7 - 2 2-o y <br />APPROVED AS TO LEGAL FORM: <br />s/.Iames M. Dubelko <br />MAYOR NORMAN T. MUSIAL JAMESM. DUBELKO <br />Director of Law <br />2 <br />