Label
Fuel Outdoor of Toledo, LLC
Department of Law
J. Charles (x1020)
Revised
Title
Authorizing the settlement of the claims of Fuel Outdoor of Toledo, LLC in Case No. 3:23-cv-1641 captioned Fuel Outdoor of Toledo, LLC v. City of Toledo pending in the U.S. District Court, Northern District of Ohio for the sum of $145,000; authorizing the expenditure of $145,000 from the Risk Management Fund; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Fuel Outdoor of Toledo, LLC brought suit against the City of Toledo alleging breach of contract for its right to install bus benches in Toledo. A settlement agreement resolving all Fuel Outdoor's claims has been reached conditioned on the approval of City Council and the Mayor.
A proposed agreement has been reached in the amount of $145,000 to settle all claims for the alleged breach without constituting an admission of liability.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the expenditure of $145,000 is authorized from the Risk Management Fund Account Code 7095-12000-1157001STDSTD for the settlement of Fuel Outdoor of Toledo's claims in Case No. 3:23-cv-1641 captioned Fuel Outdoor of Toledo v. City of Toledo pending in the U.S. District Court, Northern District of Ohio.
SECTION 2. That payment of these claims is contingent upon the execution of the proper releases by Fuel Outdoor of Toledo, LLC.
SECTION 3. That the Director of Finance is authorized to draw their warrant or warrants to Fuel Outdoor of Toledo, LLC and its attorney, Richard Kerger, Esq., in the sum of $145,000 against the above Account Code in payment of the above-authorized obligations upon presentation of the proper vouchers.
SECTION 4. That this Ordinance being an emergency measure shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, h...
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