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<br />N E KJ{ E L. C\?i P llZ. LL. <br />ntu. a i~:riLu <br />cic.~c~...~u,uu» an„ <br />of one high-rise multi-family apartment k~,tzilding not to exceed eight (8) <br />stories and not to contain more than 218 apart~rient units on the northerly <br />rear part of the Land, subject to the following conditions: <br />i <br />{A) That the plans for such building and its related <br />improvements be in substantial conformity with <br />those parts of plaintiff's existing Detailed Deve- <br />lopment Plans for the Barclay Square Project vahich <br />are designated and relate to Phase II, with, hocaever, <br />such modifications to said Detailed Development{ __ <br />- - - Plans as are reasonably necessary by reason of the <br />change of use of the southerly front part of the <br />Land and as may result from the construction of a <br />smaller building. <br />`' (B) That prior to the expiration of three (3) years, from <br />the entry of this Consent Decree, proper application <br />'! be made and the then-current fees be paid, for what- <br />ever permits. (street opening, curb cuts, grading, <br />construction, et cetera) are required of any construc- <br />tion of any part of an apartment building project; <br />`' provided, however, that no applications need be made <br />for Preliminary and Detailed Plan approval by the City's <br />'~ Planning Commission and City Council. The Building <br />'+ Commission will, upon request, advise the proposed <br />~~ <br />applicant which permits are so required. <br />`. <br />(C) That the duration of such permits and the nencement <br />of construction pursuant to them conform to the <br />:~ ordinances of the City in effect on June 11, 1975. <br />:i (D) That all applicable ordinances and building codes <br />i4 Hof the City, State of Ohio, and Federal. Government <br />;, (ether than those parts of the City ordinances requiring <br />is approval of Preliminary and Detailed Development Plans <br />,i by the City's Planning Commission and the City Council) <br />'+ be complied with in the construction of said multi- <br />~~ family apartment building. <br />i 3. Plaintiff's claims for damages against all of the defendants <br />,i <br />~' ire dismissed with, prejudice. <br />~' 4. The City shall pay the costs of this action, taxed by the ~ <br />'! Clerk of this Court, as well as One Trousand Five Hundred Dollars ($1,500.00) f <br />~i ~ <br />~~ to CY:ester Giltz, for appraisal services rendered. ~ <br />5. This Court shall retain jurisdiction over the subject matter <br />o~` this action, over plaintiff, and over all defendants, the new-party j <br />:~ ce`endants named in paragraph 1 of the Orders of this Consent Decree, and ~ <br />I <br />:~ persons v~~o may hereafter hold offices in the City and be involved in the <br />k - 2 - <br />;i <br /> <br />