HomeMy WebLinkAbout2021-4035Contract # 2021-4035
SETTLEMENT AND RELEASE OF CLAIMS
This Settlement and Release of Claims (`Release") is entered into by Travis Widner
("Plaintiff/Releasor"), the City of Anoka. Minnesota; the City of Columbia Heights, Minnesota
d/b/a Top Valu Liquor; the City of Edina, Minnesota; and the City of Rogers, Minnesota d/b/a
Rogers Wine & Spirits with respect to the businesses located at 809 West Hwy 10, Anoka; 2105
37`h Ave NE., Columbia Heights; 5013 Vernon Ave S., Edina; 21725 South Diamond Lake Road,
Rogers, Minnesota, respectively (the Facilities).
BACKGROUND
A. The purpose of this Release is to encourage collaboration rather than litigation to
achieve the mutual goal of accessibility. Plaintiff Travis Widner is advancing this goal by agreeing
to provide advance notice herein described to cities in the state of Minnesota and to provide cities
an opportunity for remediation before engaging in litigation in his efforts to advocate for
individuals with disabilities.
B. Plaintiff filed a civil court action in the United States District Court for the District
of Minnesota captioned Travis Widner v. City of Anoka. court file number 21-cv-00751-NEB-
KMM. In the Complaint, Plaintiff claimed that the City had violated the Americans with
Disabilities Act. the Rehabilitation Act, and/or the Minnesota Human Rights Act.
C. Plaintiff served a summons and complaint captioned Travis Widner v. City of
Columbia Heights d/b/a Top Valu Liquor on January 15, 2020. In the Complaint, Plaintiff claimed
that the City had violated the Americans with Disabilities Act, the Rehabilitation Act, and/or the
Minnesota Human Rights Act.
D. Plaintiff filed a civil court action in the United States District Court for the District
of Minnesota captioned Travis Widner v. City of Edina. court file number 2 1 -cv-00750-JRT-ECW.
In the Complaint, Plaintiff claimed that the City had violated the Americans with Disabilities Act,
the Rehabilitation Act, and/or the Minnesota Human Rights Act.
E. Plaintiff filed a civil court action in the District Court of Minnesota captioned
Travis Widner v. City of Rogers dba Rogers Wine & Spirits, court file number 27-CV-21-530. In
the Complaint, Plaintiff claimed that the City had violated the Americans with Disabilities Act,
the Rehabilitation Act, and/or the Minnesota Human Rights Act.
F. Defendant Cities Anoka, Columbia Heights, Edina and Rogers (`Defendant
Cities') deny liability or wrongdoing related to the allegations in the civil actions identified above
(the Actions).
G. Defendant Cities are committed to compliance with the accessibility provisions of
the Americans with Disabilities Act ("ADA"), the Rehabilitation Act, and the Minnesota Human
Rights Act ("MHRA").
NOW, THEREFORE, for the consideration set forth herein, the sufficiency of which is
hereby acknowledged. the Parties agree as follows:
1.0 General Release and Discharge
1.1 For good and valuable consideration, the sufficiency of which is hereby
acknowledged, Travis Widner and his heirs, administrators, executors, successors, assigns, agents,
representatives and assistants associated with the allegations asserted in the Actions completely
and generally release and forever discharge the Defendant Cities, LMCIT, and their current and
former officers, agents, employees, successors, and assigns (collectively referred to herein as
"Releasees"/ "Cities"), of and from any and all past, or present claims, demands, debts or
obligations, whether for compensation, equitable relief, attorneys' fees, costs, disbursements or
punitive damages, which were or could have been raised in the Actions related to the Facilities
including, without limitation, any and all known or unknown claims for violations of Americans
with Disabilities Act, 42 U.S.C. §§ 12101 et al, Section 504 of the Rehabilitation Act, the
Minnesota Human Rights Act Minn. Stat. Chapter 363A et al, civil damages for bias offenses
based on disability discrimination, all claims for attorneys' fees, or claims of punitive damages.
1.2 Releasor expressly waives and assumes the risk of any and all claims, obligations,
liens, costs, expenses, attorneys fees, suits, judgments, actions, causes of action, and/or liabilities
and/or damages against Releasees which exist as of this date, but which Releasor does not know
or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and
which, if known, would materially affect Releasor's decision to enter into this Release.
1.3 Releasor further agrees that this Release is a complete compromise of matters
involving disputed issues of law and fact and assumes the risk that the facts or law may be other
than they or the parties presently believe.
1.4 Releasor further represents and warrants that no other person or entity has, or has
had, any :Mterest in the claims, demands, obligations, or causes of action referred to in this Release,
except as otherwise set forth herein; that Releasor has not sold, assigned, transferred, conveyed or
otherwise disposed of any claims, demands, obligations or causes of action referred to in this
Release. that Releasor is the sole owner of the above -mentioned claims, demands and causes of
action; that Releasor is entitled to give full and valid acquittance thereof; and that Releasor has the
sole right and exclusive authority to execute this Release.
2.0 Non -Admission
2.1 Releasor agrees that this settlement is a compromise of disputed claims, and that
neither the settlement, nor the presentation or execution of this Release are to be construed as an
admission of liability by the Releasees on any theory or in any manner whatsoever, including but
not limited to, liability for alleged violation of any federal, state, county or municipal law, statute,
regulation or other principle of common law on the part of Releasee by whom any and all liability
is expressly and vigorously denied.
3.0 Payment and AttornSZy's Fees
3.1 In consideration of the covenants undertaken and the release herein given by
Releasor. the Cities agree to pay Releasor and his counsel the following total sum of ten thousand
and no hundredths dollars ($10,000.00) for payment of attorney's fees. Payment shall be made as
follows:
a. To "Throndset and Michenfelder, LLC Trust Account' tax identification
number 27-17593994. Said amount representing the full settlement and
compromise of any and all claims by Plaintiff for attorney's fees, court
costs, disbursements, and expenses.
b. Payment of said sum will be accompanied by an IRS Form 1099.
The check will be delivered to Releasor's counsel for distribution. Releasor
and his counsel agree that they shall be fully responsible for the distribution
of any sum paid to them by the Cities. Releasor and their counsel shall have
no further claim, nor right against Releasees should any dispute arise in
connection with such distribution.
3.2 Releasor agrees and understands that the Defendant Cities and their counsel have
made no representations or warranties to Releasor regarding the proper treatment of any tax related
matters under the internal Revenue Code or comparable Minnesota state law. Releasor hereby
agrees to fully defend, indemnify, and hold harmless Releasees from the payment of any taxes,
interest, and/or penalties that are required of Releasor by any government agency at any time as
the result of the consideration set forth herein.
3.3 The Parties in the above referenced case file numbers herein shall bear all attorneys'
fees, costs and disbursements arising from the actions of its own counsel in connection with the
matters and documents referred to herein. unless otherwise specified.
4.0 Remediation.
4.1 No later than two years, Defendant Cities will have worked with an ADA
Accessibility Specialist or an Engineer to assess their respective Facilities to assure that the
services offered by the respective Facilities are accessible to individuals with disabilities in
accordance with the requirements of the ADA.
5.0 Notice
5.1 For one year, starting on the last execution date of this Release, Releasor shall
cease and desist bringing suit against all cities in the state of Minnesota, excluding Minneapolis
and Saint Paul. for claims under the American Disability Act, the Minnesota Human Rights Act,
the Rehabilitation Act, and any other claims related to any accessibility barriers (physical,
electronic, or otherwise) if he has not (1) delivered correspondence via certified mail, return receipt
requestea to the chief executive officer of the specific Minnesota City ("Minnesota City'') detailing
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the alleged violation, (2) advised the Minnesota City that the notice is being provided in accordance
with this Release and include the language of paragraphs 5.1 through 5.3 of this Release replacing
"Releasor" with "Travis Widner", and (3) allowed 30 days from the date the correspondence is
received by the chief executive officer of the Minnesota City in order for the Minnesota City to
respond confirming receipt.
5.2 If the Minnesota City receiving the notice described in the preceding paragraph
provides a plan to address the alleged violations based on cost, staff, weather, and other
contributing considerations within 60 days, commencing after the 30-day deadline to provide a
response outlined in paragraph 5.1; and if the Minnesota City's plan is for a period that is two
years or longer and Releasor believes the proposed plan is not reasonable, Releasor shall attempt
to reach a resolution without litigation, however, if a resolution is not reached. Releasor may assert
a lawsuit six months from the 60-day deadline referenced in this paragraph.
5.3 If Releasor asserts an action against a Minnesota City in violation of this Release,
Releasor shall pay the Minnesota City all costs and attorney's fees the Minnesota City incurs in
defending; the action.
6.0 General Statements and Terms of Contract
6.1 The terms of this Release are contractual and this Release is intended to be a
complete and exclusive statement of the terms of the settlement. Accordingly, this Release
supersedes and replaces all prior negotiations and all agreements proposed or otherwise, whether
oral or written, concerning the subject matter hereof. Any representation, promise, or agreement
not specifically included in this Release shall not be binding or enforceable. This is a fully
integrated document. This Release shall be binding upon and inure to the benefit of executors,
administrators, personal representatives, heirs, successors and assigns.
6.2 If for any reason a court of competent jurisdiction finds any provision of the
Release to be unenforceable, the unenforceable provision shall be amended to the extent necessary
to comport to applicable law. If it cannot be so amended without materially altering the intention,
it shall b: severed here from. In either event, the remainder of the Release shall continue in full
force and effect.
6.3 Each party has cooperated in the drafting and preparation of this Release. Hence,
in any construction to be made of this Release, the same shall not be construed against any party
on the basis that the party was the drafter.
6.4 This Release may be executed in counterparts, and each counterpart, when
executed. shall have the efficacy of a signed original. Photographic copies of such signed
counterparts may be used in lieu of the original for any purpose.
6.5 The individuals signing this Release represent they are authorized to do so.
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6.6 No waiver of any breach of any term or provision of this Release shall be construed
to be, or shall be, a waiver of any other breach of this Release. No waiver shall be binding unless
in writing and signed by a party waiving the breach.
6.7 Releasor agrees to cooperate fully and to execute any and all supplementary
documents and to take all additional actions that may be necessary or appropriate to give full force
to the basic terms and intent of this Release and which are not inconsistent with its terms.
6.8 This Release shall be deemed to have been executed and delivered within the State
of Minnesota, and the rights and obligations hereunder shall be construed and enforced in
accordarn�e with, and governed, by the laws of the State of Minnesota without regard to the
principles of conflict of laws.
6.9 In entering into this Release. Releasor represents that he is competent, has relied
upon the advice of his attorneys, who are attorneys of his own choice, and that the terms of the
Release have been completely read and explained to him by his attorneys, and that those terms are
fully understood and voluntarily accepted by him. Releasor represents and warrants that he has
relied on his own judgment and/or judgment of his attorney regarding this Release and he was not
influenced or relying on any representation by Releasees or its counsel regarding the language or
consequences of this Release.
6.10 By signing this Release, counsel certifies that he or she has reviewed the Release
and has approved to the form and content of the Release.
6.11 Notwithstanding anything to the contrary in any paragraph of the Release, nothing
is intended to be, or shall be, construed as a violation of any law.
6.12 All signatories to this Release acknowledge that the release of information
concerning this matter is governed by the Minnesota Government Data Practices Act, Minn. Stat.
§ 13.01 et seq.
I have read the foregoing Release and I accept and agree to the provisions it contains and
hereby execute it voluntarily with full understanding of its consequences.
Dated: 10/19/21
tl��1
Travis Widner — Plaintiff/Releasor
In the presence of, or with the consent of, his attorney
Dated: JD
4treic :.Llriic enfelder (# 4207X)
Chad A. Throndset (#261191)
Throndset Michenfelder, LLC
I Central Avenue West, Suite 101
St. Michael, MN 55376
Telephone: (763) 515-6110
Facsimile: (763) 226-2515
pat@throndsetlaw.com
chad@throndsetlaw.com
Attorney for Plaintiff/Releasor
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City of Anoka, Minnesota
Date Its:
City of Columbia Heights, Minnesota d/b/a
Top Value Liquor
.tea- B)'
Date
Its: %Ir
Date
City of Edina, Minnesota
Its:
City of Rogers, Minnesota, d/b/a Rogers'
Wine and Spirits
By:
Date
Its:
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