STIPULATION FOR JUDGMENT

WHEREAS on or about May 14, 2001, the City of Hartford (Hereinafter "Hartford"), applied for approval of a Special Development District plan (hereinafter "the SDD") from the Town Council of West Hartford (hereinafter "the Town") on behalf of itself, the Friends of Elizabeth Park, Inc. (hereinafter "the Friends") and the Food Group, LLC (hereinafter "the Food Group") for a portion of Elizabeth Park in West Hartford; and

WHEREAS the Town approved the SDD on or about August 14, 2001 subject to a series of conditions; and

WHEREAS the City, the Friends and the Food Group thereafter appealed said decision of the Town to the Superior Court in an action captioned City of Hartford, Et Al. v. Town of West Hartford, Et Al.,Superior Court, Judicial District of Hartford/New Britain at Hartford, Docket No. CV 01-0810472 S(AOO) (hereinafter "the Appeal") alleging that certain of the conditions of approval adopted by the Town were illegal, arbitrary and capricious; and

WHEREAS all of the parties to the Appeal wish to resolve the Appeal amicably

NOW THEREFORE BE IT AGREED BY ALL PARTIES TO THIS APPEAL THAT:

The revised conditions of approval attached hereto as Exhibit A shall hereinafter be applicable to the SDD in lieu of those conditions originally adopted by the Town. The authority of the Town to amend these conditions in accord with the provisions of the Charter and Code of Ordinances of the Town of West Hartford and the laws of the State of Connecticut shall not be abridged by this stipulation or by the judgment entered hereupon.

They will use their best efforts to explore alternative methods for reducing park-related traffic on Walbridge Road. This effort will commence with the conversion of the Walbridge Road entrance to the park into a one-way inbound vehicle route immediately upon approval of this stipulation by the court.

The Friends will specifically set aside four memberships on its Board of Directors to be filled by persons residing in the neighborhoods surrounding Elizabeth Park, two from Hartford, two from West Hartford, where such neighborhoods are defined as the area around the Park bounded as follows:

Commencing at the intersection of Albany Avenue and Scarborough Street in Hartford, then following the following streets: Albany Avenue westbound to Prospect Avenue; Prospect Avenue southbound to Belknap Road; Belknap Road westbound to Whetten Road; Whetten Road southbound to Asylum Street; Asylum Street westbound to Foxcroft Road; Foxcroft Road southbound to Bainbridge Road; Bainbridge Road eastbound to Walbridge Road; Walbridge Road southbound to Fern Street; Fern Street eastbound to Kenyon Street; Kenyon Street northbound to Asylum Avenue; Asylum Avenue westbound to Scarborough Street; and Scarborough Street northbound to Albany Avenue.

Residents on both sides of each of the above-listed boundary streets shall be eligible for these positions.

4. The parties further stipulate that the Hartford Corporation Counsel and the West Hartford Corporation Counsel or their designees shall work cooperatively to resolve any issues relating to the taxability of the real estate within the SDD before October 1, 2002.

5. In the event that the Food Group shall cease to be the operator of the restaurant and/or auditorium, Hartford and the Friends agree, on behalf of themselves, their heirs, successors and/or assigns that approval from the West Hartford Town Manager shall be a pre-qualifying condition for any entity which desires to be considered in the process used to select a successor operator. The approval of the Town shall not be withheld unreasonably.

6. Any modification to any term contained in this stipulation which is agreed upon by all parties hereto shall not require a modification of the judgment entered hereupon.

7. The final SDD plans shall be filed with the West Hartford Town Clerk within ninety (90) days following entry of judgment by the court pursuant to this stipulation as required by West Hartford Code of Ordinances §177-44C(5). Said final SDD plans shall incorporate and comply with all conditions of approval set forth in Exhibit A hereto and shall further incorporate and comply with all other terms set forth in this stipulation.

8. This stipulation shall be effective upon approval by the Superior Court of Connecticut as required by law.

CERTIFICATION

I hereby certify that on the _____ day of June, 2002, a copy of the foregoing was mailed, postage prepaid, to all counsel of record as follows:

Richard Goodman, Esq.
Goodman, Rosenthal & McKenna, P.C.
68 South Main Street
West Hartford, CT 06107-2445

____________________
Patrick G. Alair, Esq.

MOTION FOR JUDGMENT

The parties hereby move jointly that judgment be entered in the above-captioned matter in accordance with the Stipulation attached hereto.

ORDER

The foregoing Motion having been heard, it is hereby ORDERED: GRANTED/DENIED.

CERTIFICATION

I hereby certify that on the _____ day of June, 2002, a copy of the foregoing was mailed, postage prepaid, to all counsel of record as follows:

Richard Goodman, Esq.
Goodman, Rosenthal & McKenna, P.C.
68 South Main Street
West Hartford, CT 06107-2445

____________________
Patrick G. Alair, Esq.

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