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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2008 - 26 <br />BY: Mayor O'Grady <br />A RESOL UTION A UTHORIZING THE MA YOR OF THE CITY OF <br />NORTH OLMSTED TO ENTER INTO A SETTLEMENT AND <br />RELEASE AGREEMENT WITH CLEVELAND COMMUNICATIDNS, <br />INC., AND DECLARING AN EMERGENCY. <br />WHEREAS, the Director of Public Safety has negotiated the terms and <br />conditions for resolution of property interests asserted by Cleveland Communications, <br />Inc., proposing to resolve a dispute over the City's occupation and use of the radio <br />tower on the rooftop of the Westbury; and <br />WHEREAS, the terms and conditions would resolve all claims for the City's <br />use of the radio tower to this date in the amount of $5,000 and would be entered in <br />conjunction with a separate Sublease for the City's use of the radio tower going <br />forward; and <br />WHEREAS, the Director of Law has recommended the Settlement and <br />Release Agreement be entered into between the City and Cleveland Communications, <br />Inc. in which, inter alia, the City will be protected against potential liability claims <br />arising from its alleged occupation of Cleveland Communications' radio tower; and <br />WHEREAS, it is the desire of this Council to authorize the Mayor to enter into <br />such a Settlement and Release Agreement; <br />NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Mayor be and he hereby is authorized to enter into a Settlement <br />and Release Agreement with Cleveland Communications, Inc. on behalf of the City of North <br />Olmsted, in substantially the form and substance of the "Settlement and Release Agreement," <br />attached to this Resolution and marked as "Exhibit A." <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 <br />further reason that it is necessary that this Resolution immediately go into effect to timely <br />conclude all obligations, legal and moral, owed to this party and to protect the City from <br />potential liability claims, and further provided it receives the affirmative vote of two-thirds of the <br />