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LAW OFFICES OF !I
Eeiberg, Lammers, Briggs, & Vierling,
1835 Northwestern Avenue
]amen F. Lammers Stillwater, Minnesota 55082 Paul A. Wolff
Robert G. Briggs** (651) 439-2878 (1944-199G)
Mark J. Vierling* FAX (651) 439-2923 Lyle ,l. Eekberg
Gregory G. Galler*
Thomas J. Weidner* Of Counsel
Susan D. Olson *Qualified Neutral Arhdtrator Ei Mediator
David K. Snyder Direct Dial No. (612) 351-2131 *Qualified Neutral Arbitrator
y *Certified Real Estate Specialist
Tanya E. Maurice *Qualified Neutral Mediator
November 10 , 1999
Mr. Marvin Liszt
DIAMOND, LISZT & GRADY, P.A.
Suite 210
9855 West 78th Street
Minneapolis, MN 55344
Re : City of Oak Park Heights vs . Eller Media Company
Court File No. : C3-98-002940
Our File No. : 01501-5888
Dear Mr. Diamond:
Enclosed please find a proposed revised Settlement Agreement
for your review and execution by your client, if acceptable,
regarding the above-mentioned matter.
Sincerely,
David K. Snyder
DKS/kn
Enclosure
cc : Thomas Melena, City Administrator
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Case Type: 14/Other Civil
Court File No. 82-C3-98-2940
City of Oak Park Heights, a
Minnesota municipality,
Plaintiff,
SETTLEMENT AGREEMENT
vs.
Eller Media Company,
Defendant.
WHEREAS, Eller Media, (hereinafter: "Eller" ) is the owner of
a billboard sign (hereinafter: "the sign" ) located in the vicinity
of Highway 36 at its intersection with Beach Road in the City of
Oak Park Heights, Minnesota; and
WHEREAS, on or about April 9, 1998, the sign was damaged by a
storm, which damage included damage to the vertical support members
which support the sign from the ground; and
WHEREAS, Eller thereafter undertook certain repairs and
reconstruction of the sign which repairs and reconstruction
included:
1 . Replacement of the vertical support posts with steel;
2 . Replacement of the horizontal support members on the west
sign;
3 . Replacement of the horizontal support members on the east
PP
P
sign;
4 . Installation of diagonal braces for both signs; and
WHEREAS, Eller did not seek a building permit or any
authorization or permit from the City prior to undertaking the
above-described repairs; and
WHEREAS, the City requested that Eller remove the sign which
requests Eller declined. Thereafter, the City did file and serve
a Complaint in the above-captioned matter alleging that the
repaired sign violated City ordinances; Eller responded with its
Answer.
NOW THEREFORE, the City of Oak Park Heights, a Minnesota
municipality, hereinafter referred to as "City" ; and Eller Media
Company, Inc . , hereinafter referred to as "Eller" , for good and
valuable consideration, the receipt of which is hereby
acknowledged, it is stipulated and agreed that :
1 . No later than December 20 , 1998 , the Building Inspector
for the City of Oak Park Heights shall designate which structural
members or components of the sign were replaced with steel
following the April 9, 1998 storm.
2 . No later than January 20, 1998, Eller shall, in accordance
with the direction of the Building Inspector, replace the
designated structural members or components with untreated
dimensional lumber measuring 4 x 6 for vertical support posts, 2 x
6 for the horizontal support members on the west sign; 2 x 8 for
the horizontal support members on the east sign; and 2 x 6 for the
diagonal braces for both signs .
3 . Whenever the vertical support columns are comprised of
steel attached to wood, only that portion of the column which is
comprised of steel shall be replaced with new wood. Said vertical
support columns shall be buried to depth not exceeding six (6)
feet .
4 . With the exception of bolts, nuts and washers, no steel
components or members shall be added by Eller nor shall any
lighting be installed on or around or repaired on or around the
sign.
5 . Eller shall not alter the height, location or dimension of
the sign.
6 . No structural members, columns, reinforcements or other
wood or steel shall be installed on or around the sign. Eller
expressly agrees that it will not structurally alter, repair or
otherwise rehabilitate the sign without the permission of the City
of Oak Park Heights .
7 . No later than August 5, 1999, the Building Inspector shall
inspect the work and certify whether it is completed in accordance
with his direction and this Agreement . If the Building Inspector
does so certify then the City shall provide to Eller an executed
copy of the Release attached as Exhibit A hereto, Eller shall
provide the City with a copy of the Release attached as Exhibit B
hereto and the P arties shall file the attached Stipulation of
Dismissal . If the Building Inspector does certify the work as not
correct then he shall notify Eller of the deficiencies in writing
and Eller shall have ten (10) days from the mailing of the notice
to correct all deficiencies in accordance with the Building
Inspector' s directions . If Eller does not correct all
deficiencies, then the City may remove the sign without further
notice . In the event that the City removes the sign, then Eller
shall hold harmless, indemnify and defend the City from all losses,
costs, damages, suits, claims, actions, proceedings and judgment
awards arising out of or relating to the removal of the sign by
Eller, its Lessees, Lessors or Landlords .
This Agreement shall be governed by the laws of the State of
Minnesota.
This Agreement shall be binding on the parties, heirs,
successors and assigns .
Dated: CITY OF OAK PARK HEIGHTS
By:
Its :
ATTEST:
City Clerk
Dated: ELLER MEDIA COMPANY
By:
Its :
State of Minnesota
) ss .
County of Washington
The foregoing instrument was acknowledged before me this
day of , 1999, by , the
, of the City of Oak Park Heights, a
Minnesota municipality.
Notary Public
State of Minnesota
) ss .
County of Washington
The foregoing instrument was acknowledged before me this
day of , 1999, by , the
, of Eller Media Company, on behalf of the
Company.
Notary Public
EXHIBIT A
RELEASE
KNOW ALL MEN BY THESE PRESENTS that the City of Oak Park
Heights, for the mutual promises and undertakings contained in
the Settlement Stipulation and Agreement herein, and other
good and valuable consideration paid to it, the receipt and
sufficiency of which are acknowledged, does release and
discharge Eller Media Company, Inc . from all claims which
allege a violation of City Ordinances as a result of the
repair of Eller' s sign on or about April 13 and April 14 ,
1998, in the City of Oak Park Heights .
IN WITNESS WHEREOF, the undersigned have executed these
presents on the dates shown below.
Date : CITY OF OAK PARK HEIGHTS
By:
Its :
ATTEST
City Clerk
ELLER MEDIA COMPANY, INC.
By:
Its :
EXHIBIT B
RELEASE
KNOW ALL MEN BY THESE PRESENTS that Eller Media Company, Inc . ,
for the mutual promises and undertakings contained in the
Settlement Stipulation and Agreement herein, and other good
and valuable consideration paid to it, the receipt and
sufficiency of which are acknowledged does release and
discharge the City of Oak Park Heights, from all claims
arising out of or in any way relating to the above-referenced
lawsuit .
IN WITNESS WHEREOF, the undersigned have executed these
presents on the dates shown below.
Dated: ELLER MEDIA COMPANY
By:
Its :
Dated: CITY OF OAK PARK HEIGHTS
By:
Its :
ATTEST:
City Clerk