2008-08-13 CC Meeting & Work Session Meeting Agenda

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WHEREAS, on December 5, 2006, a panel of Commissioners awarded the City to pay Two Hundred and One Thousand, Five Hundred Dollars ($201,500.00) to Sheehy for the subject property and appraisal fee. WHEREAS, Sheehy timely appealed the award of the Commissioners. WHEREAS, the City timely appealed the award of the Commissioners. WHEREAS, on or about February 27, 2008, concluding with an afftrmative vote of the Centerville City Council, the Parties reached a mutually acceptable settlement of all claims and actions. The Parties set forth this terms in this Agreement. WHEREAS, the parties to this Agreement have mutually agreed to fully and ftnally settle and resolve any and all actual and potential claims, threatened causes of action and matters, known and unknown, for anything that has occurred up to the date of this Agreement related to the City's condemnation of the subject property, and any and all claims asserted or that could have been or could be brought in the Condemnation Action; and WHEREAS, the parties to this Agreement have considered their rights, options and alternatives under this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and all of the terms and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. Agreement To Accept Award: The parties mutually agree to accept and affirm the Award of the Commissioners, dated December 5, 2006, and duly fIled with the Anoka County District Court in this action. The Parties request the District Court to reduce same to a Judgment and Enter said Judgment accordingly with the District Court. 2. Payment of the Award: The City agrees to pay Sheehy as set forth in the Award of the Commissioners the sum of Two Hundred and One Thousand, Five Hundred Dollars ($201,500.00) plus accrued interest as set forth below, (the "Award") in the form of two checks, one paid from the City to Sheehy in the amount of $60,500.00, and one paid from the funds deposited by the City and held by the District Court Administrator in the amount of $141,000.00, plus all interest which has accrued on said deposit. The parties agree that Sheehy will receive a Form 1099 for the amount of $201,500.00. 3. Total Settlement Of Condemnation Action: The parties agree that payment of the Award by the City is in full settlement of all of the Parties' actual and potential charges, claims, defenses, or causes of action against each other that were or could have been asserted in the Condemnation Action, and any and all claims for any type of legal, equitable, or statutory relief, whether or not reflected in the Condemnation Action. This Settlement does not waive nor diminish the right of the City to specially assess the subject property nor Sheehy's right to object or defend against same. 2 lJ,\