HomeMy WebLinkAbout2020-3042AGREEMENT AND RELEASE
The City of Columbia Heights ("the City") and Sprint Spectrum Realty Co. LLC ("Sprint") (collectively ''the Parties") enter into this Agreement regarding real property located at 3989 Central Avenue Northeast, Columbia Heights, Minnesota ("the Property").
WHEREAS, on or about June 8, 2020, the City commenced an action in Anoka County District Court File No. 02-CV-20-2515 ("the Action") through petition in eminent domain to
acquire the rights of respondents, including Sprint, in the Property ("the Petition");
WHEREAS, Sprint's interest in the Property was through a rooftop lease for wireless communications equipment;
WHEREAS, Sprint has removed all of its equipment and personal property from the Property, for which it incurred $10,200.00 in expenses;
WHEREAS, Sprint has submitted a claim for$ I 0,200.00 to the City for payment and does not seek further reimbursement or any additional relocation costs; and
WHEREAS, the City has approved payment of $10,200.00 to Sprint.
Based upon the foregoing recitals, which are incorporated into the terms of the Agreement set forth below, the Parties agree as follows:
1.Sprint does not object to the Petition and will not object to the City presenting anorder to the Court to transfer title and to acquire Sprint's interests in the Property.
2.Sprint will provide reasonable cooperation to the City, but at no out-of-pocketexpense, in connection with cl earing title of Sprint's interests in the Property.
3.The City will pay $10,200.00 to Sprint within 10 days of full execution of thisAgreement.
4.Sprint waives any and all rights to challenge the Petition and to appeal the courtorder granting the relief sought in the Petition. Sprint also waives any and all rights to seek compensation and damages in the Action or other related proceeding.
5.Each party agrees to be responsible for its own costs incurred in this matter,including but not limited to all attorneys' fees and other expenses. However, in the event of any dispute relating to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs.
6.Each party represents and warrants that no claim or cause of action that is thesubject of, or related to, this lawsuit or this Agreement has been assigned, transferred to, or resides in any other person or entity, whether by agreement or operation of law or otherwise, including through an assignment or transfer pursuant to any right or claim of subrogation.
Contract # 2020-3042
7. This Agreement constitutes the entire agreement between the Parties. Any
subsequent modification of this Agreement must be in writing and signed by all Parties to thisAgreement to be effective. The Agreement is governed by and is to be construed in accordance
with the laws of the State of Minnesota.
8. Each of the persons signing on behalf of the respective parties to this agreementacknowledges authority to execute this Agreement on behalf of the respective party. The Partiesacknowledge that they have consulted with legal counsel or have had the opportunity to consultwith legal counsel of their choice regarding the terms and conditions of this Agreement. The Partiesfurther acknowledge that they are entering into this Agreement of their own free will and that theyunderstand and fully agree to each and every provision contained in this Agreement.
9. This Agreement may be executed simultaneously or in counterparts, each of whichwill be deemed an original, but all of which together will constitute one and the same Agreement.Photocopies of the executed signatory page(s) shall be deemed originals for the purposes of this
Agreement.
WHEREFORE, the Parties, by setting forth their signatures below, agree to be bound bythe foregoing terms.
THE CITY OF COLUMBIA HEIGHTS:
Date: q /tt /;)()J{j, .
Date: 1 /! 1/ :l.o :2 c>
' j
SPRlNT SPECTRUM REALTY CO. LLC:
Date: ,2� 15" 102J)
2073530_1
Donna Schmitt, Mayor
�o�Manager
Robert Lewis, Contract Administrator II
2