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MUTUAL SETTLEMENT AGREEMENT AND RELEASE WHEREAS, Daniel Biskind and North Olmsted Land Holding, Ltd. (hereinafter collectively referred to as "Biskind") are, or at relevant times were, the owners of a certain approximately 24-acre parcel or parcels of land (commonly and hereinafter refened in this waiver and release 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 name of North Olmsted Land Holdings, Ltd. v. City of North Olmsted, et a1, 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 N'HEREAS, the Court of Common Pleas for Cuyahoga County, Ohio, 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 permit some retail use on the land; and WHEREAS, following exhaustion of its appellate remedies, the City of North Olmsted in 2002 timely rezoned the said Parcel E to a Mixed Use Development classification that permitted up to fifty-percent (50%) retail use on the said land; and WHEREAS, Carnegie Management Company, a developer who entered into 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 Council of the City of North Olmsted has conditioned administrative approval of the proposed mixed use development proposal for Parcel E, including a11 required variances, upon the execution by Biskind and the City of North Olmsted of a mutual settlement agreement and release, whereby each party shall waive and release the other from any and all claims that each may have against the other, and their officials and employees, arising out of past or present zoning of Parcel E, the litigation between the parties which ensued, and any other addressed or unaddressed claims that either may have against the other arising out of or in any way related to the zoning and/or development of Parcel E; and