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1WBUROKIMON <br />the city that works for you <br />• REQUEST FOR COUNCIL CONSIDERATION <br />Report Number <br />Agenda Section <br />Council Meeting Date <br />09-109 <br />VI -2 <br />April 28, 2009 <br />ITEM DESCRIPTION: Consideration of Stipulation of Final Settlement with ACC/McCaw Cellular of <br />Minneapolis, et. al. (AT&T Wireless <br />DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Director of Community Development <br />CITY MANAGER'S APPROVAL: <br />No comments to supplement this report S► " Comments attached <br />Recommendation: <br />Approve Stipulation of Final Settlement with ACC/McCaw Cellular of Minneapolis, et. al. (AT&T Wireless) <br />for the leased property in the Northwest Quadrant redevelopment area. <br />Legislative History: <br />October 4, 2007: Council approves redevelopment agreement with Ryan Companies for <br />Transoma Medical. (The agreement includes an option to sell Block D, which includes the cell <br />tower site.) <br />December 11, 2007: Council authorizes condemnation of lease between the City and <br />ACC/McCaw Cellular of Minneapolis, et. al. (AT&T Wireless) . <br />Financial Impact: <br />Maximum compensation of $256,400. <br />Explanation: <br />Attached is the Final Stipulation of Settlement between the City and ACC/MeCaw Cellular of <br />Minneapolis, et. al. (AT&T Wireless) concerning the condemnation of the cell tower lease on the former <br />Darling property. The settlement avoids further court or legal proceedings and includes the following <br />provisions: <br />1) Tenant has until June 30, 2009 to remove all equipment on the property. This should not impact <br />any Phase 2 expansion plans by Transoma, since the company has not provided notice that it <br />intends to exercise the option. Even if the company did, there is minimal chance that Transoma <br />would need access to the site for construction activities prior to June 300'. <br />2) Tenant is eligible for maximum compensation of $256,400. This amount is broken down on <br />Exhibit D of the agreement. It should be noted that this is a reduction of $53,100 from previous <br />claims by AT&T. <br />I.\COUNCIL\REPORTS\2009\Community DevelopmentA-2$-2009\Cell Tower Lease (Settlement).doc <br />