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A. <br />? <br />Ordinance No. 2003-157 <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: That the real property owned by the City of North Olmsted ("City") and <br />located at 27425 Butternut Ridge Road is not needed for municipal purposes and is directed to be <br />sold to the Board of Education of the North Olmsted City School District ("School District") <br />upon the following terms and conditions: <br />A. Single lump sum payment of Five Hundred Fifty Thousand Dollars ($550,000.00) by <br />the School District to the City; <br />B. Execution by the City and the School District of a mutual settlement and release <br />which shall provide for the School District to release the City from any and all liability arising <br />out of, or in any way relating to, a.ny and all sales of fuel made by the City to the School District, <br />its schools, its officials, and/or its other representatives and agents, pr-ier- , <br />4939 from the beginning of time to the present. Said mutual settlement and release shall further <br />provide for the imposition of a one-year moratorium prohibiting increases in the administrative <br />fee portion of the price that the City presently charges for the fuel it sells to the School District, <br />and that, during said one year moratorium period, the City and School District shall negotiate in <br />good faith a written corrtract providing comprehensively for the price or prices the City shall <br />charge the School District for fuel sold; for the length of term for such contract; and for such <br />other terms and conditions relating to the sales of fuel by the City to the School District as the <br />parties determine to be just and reasonable; <br />C. The sale of the real property shall be subject to the existing lease between the City of <br />North Olmsted and the Cuyahoga County Public Library, to the extent that said lease may remain <br />in existence at the time the contract of sale and/or the deed of conveyance are executed; and <br />D. Such other terms and conditions, not in conflict or inconsistent with the foregoing <br />provisions, as may be approved by the City and the School District. The City's approval of such <br />other terms and conditions shall be conclusively evidenced by the joint approval of such <br />additional terms and conditions by the Mayor and the Director of Law. <br />SECTION 2: That the Mayor be and he hereby is authorized to execute a contract for <br />said sale of the real property located at 27425 Butternut Ridge Road in accordance with the <br />provisions set forth in Section 1 above; further to execute a mutual settlement and release in <br />accordance with the provisions set forth in Section 1 above; and further to execute such other and <br />additional documents and instruments of conveyance as are reasonable and necessary in order to <br />effectuate this transaction, and all in a form and substance that is approved by the Director of <br />Law. <br />2 <br />