COUNCILPERSONS ASSEFF, CROOKS, GRENDEL, KAPUSTA, TOGLIATTI, WAGNER, WISNIESKI A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO

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1 RESOLUTION NO.: INTRODUCED BY: COUNCILPERSONS ASSEFF, CROOKS, GRENDEL, KAPUSTA, TOGLIATTI, WAGNER, WISNIESKI A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A RELEASE AND SETTLEMENT AGREEMENT RELATIVE TO LEO GLASER V. CITY OF INDEPENDENCE, OHIO WHEREAS, the City and Leo Glaser are parties to a case titled Leo Glaser v. City of Independence, Ohio, et al., United States District Court, for the Northern District of Ohio, Case No. 1: 14- cv (the " Lawsuit"); and WHEREAS, the Lawsuit is predicated upon various federal statutes and the First and Fourth Amendments to the United States Constitution predicated upon the removal of a temporary dilapidated sign from the property of the plaintiff that the City asserts was causing blight on the surrounding residential neighborhood; and WHEREAS, following the filing of the Lawsuit, the United States Sixth Circuit Court issued a ruling in Wagner v. City of Garfield Heights reversing a decision by the United States District Court for the Northern District of Ohio which provides guidance as to the constitutional treatment of temporary residential signs; and WHEREAS, currently Reed v. Town of Gilbert is pending before the United States Supreme Court that directly pertains to temporary signs and will be decided prior to the adjournment of the United States Supreme Court in July 2015 and will undoubtedly provide additional constitutional guidance to municipalities relative to the constitutional treatment of temporary signs; and WHEREAS, based upon the foregoing, the Law Director recommends that the City resolve the Lawsuit to avoid unnecessary litigation costs and will allow the City to review and, if warranted, revise its zoning code to assure that the City's codes are currently aligned with the recent decisions by the federal courts; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Independence, State of Ohio, that: Section 1. The Mayor and the Finance Director are hereby authorized and directed to enter into a Release and Settlement Agreement in the Lawsuit, in a form acceptable to the Law Director, and substantially similar to the Settlement Agreement and Release attached hereto as Exhibit A

2 Section 2. Wherefore, this Resolution shall take effect and be in force at the earliest time allowed by law. Introduced: January 13, 2015 First Reading: January 13, 2015 u ' AGY'3- f` Attest: Gregory P. Kurtz, Mayor Debra J. Beal, F 1:6-4-"- Jerk of Council 01111MFIOATE OR Palma It lie Clerk«Om taly aft h irry' peeled en sod ler N Slew Imo Mthe 1wIMMn I» O ti r dewed by - s r, t q M

3 Cit 0., City ofindependence, Ohio n! 11. THE HEART OF CUYAHOGA COUNTY" 441e cdunc1 1i 6800 BRECKSVILLE ROAD INDEPENDENCE, OHIO t, S FAX ( 216) Memorandum To: From: Council Members Asseff, Crooks, Grendel, Kapusta, Togliatti, Wagner and Wisnieski Debi Beal, Clerk of Council Date: January 14, 2015 Subject: Unsigned Legislation Resolution Dear Council, Pursuant to Article I, Rule 1 ( d) of the Council Rules, I am notifying you that Resolution , a resolution" Authorizing the Mayor and Finance Director to Enter Into a Release and Settlement Agreement Relative to Leo Glaser v. of City Independence", was not signed by the Mayor. The Mayor did not file a written notice with the Clerk of Council. According to Article III, Section 4 of the Charter, this Resolution will take effect as though the Mayor had signed it. If you have any questions, please call me. Thank you. cc: Mayor Gregory Kurtz Finance Director John M. Veres Law Director Greg O' Brien

4 Cit of 7/ M Gregory P. Kurtz n1",, Mayor f'' te, end AYO Independence, Ohio TO: Vice Mayor Anthony Togliatti 4 DATE: April 14, 2015 RE: RELEASE AND SETTLEMENT AGREEMENT LEO GLASER I am unable to execute the Release and Settlement Agreement due to my opposition and thus, pursuant to Article 3, Section 7( a) of the Charter for the City of Independence, request that you execute the agreement. w 6800 BRECKSVILLE ROAD INDEPENDENCE, OHIO FAX org cityhall@independenceohio.org

5 RELEASE AND SETTLEMENT AGREEMENT BY AND BETWEEN LEO GLASER AND THE CITY OF INDEPENDENCE, MICHAEL GERO AND DAVID SNYDERBURN This Release and' Settlement Agreement (the " Agreement") Is entered into as of this 8th day of January, 2015, by and between Leo Glaser, who resides at 4180 Chestnut Road, Independence, Ohio (" Mr. Glaser"), the City of Independence, whose principal place of business is 6800 Brecksville Road, Independence, Ohio the " City"), Michael Gero (" Gero") and David Snyderburn (" Snyderburn") ( Gero and Snyderburn shall be included in all references to the " City") ( Mr. Glaser and the City may be collectively referred to as the" Parties"). WHEREAS, Mr. Glaser has filed a civil lawsuit against the City for injuries andfor damages he has alleged to have sustained in the case styled Glaser v. City of independence, et al., Case No. 1: 14- cv , United States District Court for the Northern District of Ohio, Eastern Division( the" Lawsuit"); and WHEREAS, Mr. Glaser and the City desire and intend to fully and completely settle any and all claims raised in the lawsuit, or which could have been raised in the lawsuit, and all other claims arising out of, or relating in any way to, the allegations set forth in the Lawsuit at any time prior to, during and up to, the execution of this Agreement. NOW THEREFORE, in consideration of the actions set forth herein, the sufficiency of which is acceptable to the Parties, the Parties to this Agreement hereby covenant and agree as follows: Exhibit A( R )

6 1. Settlement Amount Payment of Attorney Fees. The City hereby agrees to pay Mr. Glaser, following the execution of the Agreement by all the Parties, the total sum of Five Thousand Dollars ($ 5, ). Additionally, the City agrees to pay Curt C. Hartman, The Law Firm of Curt C. Hartman, Christopher P. Finney, and the Finney Law Firm LLC an amount not exceeding Fourteen Thousand One Hundred Sixty-One and 58/ 100 Dollars; ($14, ). 2. No Admission of Liability. The Parties to this Agreement acknowledge and agree that the settlement of this matter represents the compromise of disputed claims and/ or allegations, including but not limited to, the Lawsuit, that the settlement in no manner constitutes an admission of any liability by the City, and it being expressly understood that the City disputes and denies any claims and/or allegations made by Mr. Glaser, including but not limited to, the Lawsuit. 3. Mutual Cooperation. The Parties to this Agreement shall cooperate in a reasonable and professional manner to effectuate the letter and spirit of this Agreement. 4. Release by Mr. Glaser. Mr. Glaser, on behalf of himself individually, and to the extent applicable, his spouse, his children, his parents, administrators, heirs, successors, agents, and/ or assigns, does hereby forever release and forever discharge the City, its public officials, officers, employees, agents, attorneys, and their respective successors, from any and all claims, liability, damages, fees, costs, actions, omissions and/ or causes of action which Mr. Glaser had, has, or may have, against the City relative to the Lawsuit up through the execution of this Agreement. 5. Representations and Warranties. Mr. Glaser expressly represents and warrants that he has received, and/ or has had the opportunity to receive, independent

7 legal advice with respect to the advisability of making the settlement provided for herein and with respect to the advisability of executing this Agreement. Mr. Glaser has not relied upon any statement, representation, omission, inducement or promise in executing this Agreement, except as expressly stated herein, In addition, Mr. Glaser has investigated the facts pertaining to this Agreement to the full extent he deems necessary. 6. Additional Terms. Once executed, this Agreement shall constitute the entire Agreement between the Parties to this Agreement with respect to the subject matter hereof and shall supersede all prior oral or written agreements and understandings, This Agreement shall not be modified, altered or discharged except by a writing signed by all of the Parties to this Agreement. 7, Governing Law. This Agreement shall be construed in accordance with the laws of the State of Ohio. 8. headings, The headings contained in this Agreement have been inserted for convenience only and in no way define or limit the scope of interpretation of this Agreement. 9. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. 10. Continuing Jurisdiction. Any dispute arising under the Agreement shall be decided by the Honorable Federal District Court Judge James S. Gwin who retains jurisdiction of the lawsuit. Remainder of page intentionally left blank; signature page follows)

8 e,. IN WITNESS WHEREOF, the Parties hereby execute this Agreement, effective as of the date first set forth above, consisting of four ( 4) pages, including the signature page, intending to be legally bound immediately upon execution. LEO GLASER 6astr CITY OF INDEPENDENCE 11. 4%1 6. Gregory P. Kurtz, Mayo'r-"" 111 MICHAEL. GERO Michael Gero 4. 2,.ẹ , ft- ": DAVID S YDERE3 RN David Snyderburn ds41l. c L _ 73149D

9 Finance Directors Certificate This is to certify that relative to the above Agreement between the City of Independence and Leo Glaser for the purpose stated therein, I hereby certify that the amount required to fulfill this Agreement has been lawfully appropriated or authorized, or directed for such purpose and is In the treasury or In the process of collection, free from any obligations or certification now outstanding. Fin 4 / 7 Veres ce Director Law Directors Certificate This is to certify that relative to the above Agreement, I as to form only. hereby approve the same ig ry Law Direct 0' r Ien , 1 5