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4W CITY OF NORTH OLMSTED RESOLUTION NO. 2004 - 163 BY: Mayor Musial A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF NORTH OLMSTED TO ENTER INTO A CANCELLATIONAND TERMINATION OF LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF HORIZON ACTIVITIES CENTER FOR THE PURPOSE OF TERMINATING THE LEASE OF THE CITY'S REAL PROPERTYAT 26272 BUTlERNUT RIDGE ROAD, FORMERLY USED BY HORIZON ACTIVITIES CENTER AS AN EARLY INTERVENTION CENTER FOR DISABLED CHILDREN, AND DECLARING AN EMERGENCY. WHEREAS, the City, pursuant to Resolution No. 89-64, adopted on July 6, 1989, authorized the Mayor to negotiate and execute a lease with Horizon Activities Center (referred to in Resolution 89-64 as Horizons Activity Center) for the purpose of enabling Horizon to operate an early intervention center for disabled children upon the City's property located at 26272 Butternut Ridge Road; and WHEREAS, the City and Horizon, on August 30, 1989, executed a lease agreement pursuant to Resolution No. 89-64, and Horizon thereafter began operation of an early intervention center for disabled children upon said City property; and WHEREAS, during the past two years, Special Children First of Ohio, Inc., acting as either an assignee or sub-lessee of Horizon, continued operation of the center for disabled children upon the said City property; and WHEREAS, Special Children First of Ohio, Inc., at the end of the summer of 2004, has terminated its operation of the early intervention center upon the City property; and WHEREAS, on September 28, 2004, Horizon Activities Center, acting pursuant to the provisions of its Lease with the City, provided the City with written notice of its intent to terminate the said Lease effective December 28, 2004, or earlier if allowed to do so by the City; and WHEREAS, it is the recommendation of the Director of Human Resources and the Director of Public Services that this Council authorize an immediate termination of the Lease in order that the City may enter upon the property and secure and protect it against deterioration and waste; and WHEREAS, it is accordingly the desire of this Council to authorize the Mayor to immediately terminate the City's Lease Agreement with Horizon Activities Center relating to the property located at 26272Butternut Ridge Road, and to waive any lease requirement relating to advanced notice of termination on the part of Horizon Activities Center, so that the City at its earliest oppartunity may enter onto the land and secure and protect it against deterioration and waste;