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WHEREAS, it is the desire of the parties to enter into a mutual settlement
<br />agreement and release as hereinabove described;
<br />NOW, THEREFORE, in consideration of the foregoing, including, but not
<br />limited to the variances that were granted by the City of North Olmsted which permitted
<br />approval of a development plan for Parcel E which substantially exceeded the percentage
<br />of retail use permitted under the City of North Olmsted zoning code for mixed use
<br />development, and, as well as other valuable consideration, the adequacy and sufficiency
<br />of which is expressly acknowledged, the City of North Olmsted and Biskind do hereby,
<br />for themselves, and their offcers, employees, agents, assigns, successors in interest and
<br />all other representatives, promise, agree and covenant as follows:
<br />1. That each forever waives, releases, acquits and forever discharges the
<br />other, and all of their officials, employees, agents, assigns, and successors in
<br />interest, of and from any and all claims and demands, rights and causes of action
<br />of any kind whatsoever, and for any and all injury, loss suffered or to be suffered
<br />or damages of any kind whether relating to property interests, economic loss, or
<br />otherwise, which now exist or hereafter may exist, from the beginning of time
<br />until the present, or which either has or may claim to have, relating to or arising
<br />out of the present zoning classification of Parcel E, the former zoning
<br />classification of Parcel E for office use only, the civil action between Biskind and
<br />the City of North Olmsted above-referenced, and/or the current zoning and land
<br />use development process for Parcel E, including but not limited to any regulatory
<br />or temporary `taking' claim, inverse condemnation claim or any other claim based
<br />upon an alleged constitutional deprivation, however described, or any other
<br />damage theory under federal or state law.
<br />2. This Settlement Agreement and Release covers all claims, damages and
<br />liabilities of Biskind and the City of North Olmsted whether or not contemplated
<br />at the present time or not, and expresses a full and complete waiver of any and all
<br />liability of one against the other, or against any of the other's officials, employees,
<br />agents, assigns, and successors in interest, regardless of the adequacy of the above
<br />consideration.
<br />3. This Settlement Agreement and Release may be used by either, or any of
<br />their ofFicials, employees, agents, assigns, or successors in interest, as evidence in
<br />any subsequent court action or any other proceeding involving or relating to either
<br />PartY•
<br />4. The City of North Olmsted and Biskind each acknowledge that they have
<br />been represented by legal counsel in this matter, and further declare that they have
<br />carefully read this Settlement Agreement and Release, that each has reviewed the
<br />terms of the Settlement Agreement and Release with legal counsel, and that they
<br />agree to a11 of the terms of the Settlement Agreement and Release for the purpose
<br />of making a full and final adjustment and resolution of the matters contained
<br />herein.
<br />2
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