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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2008 - 74 <br />BY: Mayor O'Grady <br />A RESOLUTION AUTHORIZING THE DIRECTOR OF LAW TO <br />COMMENCE SUIT ON BEHALF OF THE CITY OF NORTH <br />OLMSTED TO COLLECT FUNDS DUE ON AN AGREEMENT WITH <br />CLEVELAND HOCKEY SUPPLY TO OPERATE A PROSHOP AT <br />THE RECREATION CENTER, AND DECLARING AN EMERGENCY. <br />WHEREAS, in Resolution No. 2005-166 this Council authorized and the <br />Mayor subsequently entered into an Agreement with Cleveland Hockey Supply, Inc. <br />to lease Proshop space at the Recreation Center and to purchase hockey supply <br />inventory for resale, which lease term commenced in 2006 and terminated in March, <br />2007; and <br />WHEREAS, the Recreation, Community Life and Law Departments have <br />exhausted all reasonable efforts to collect sums due the City, and although some <br />payments have been received, Cleveland Hockey Supply owes over $10,000 and <br />commencement of suit is recommended to collect full payment; and <br />WHEREAS, the Director of Law recommends and requests authorization to <br />commence suit against Cleveland Hockey Supply on behalf of the City, the value of <br />which exceeds $5,000 pursuant to North Olmsted Codified Section 137.03(b); and <br />WHEREAS, it is the desire of this Council to authorize the Director of Law <br />to prosecute the City's claim and commence suit if necessary to collect sums due. <br />NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Director of Law be and he hereby is authorized, if deemed <br />necessary in his sole professional judgment, to prosecute claims on behalf of the City of North <br />Olmsted against Cleveland Hockey Supply, Inc., as related to and arising from an Agreement <br />to lease and purchase inventory at the Recreation Center Proshop, including commencement of <br />suit in court.