Agenda - Council - 01/14/2003 - Laserfiche WebLink

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WHEREAS, the City and the State acknowledge that the State's water discharge line was installed contemporaneously with the City's construction of the SUnwood Drive street extension in accordance with the terms and conditions of the Right of Entry Agreement; and WHEREAS, in paragraph 6 of the Right of Entry Agreement, the City and the State "recognize[d] that there may need to be real property documents executed by the parties to accomplish the purposes of this Agreement and they agree to cooperate and exercise good faith in executing such documents"; and WHEREAS, the Easement and Agreement, attached hereto as Exhibit B, fulfills the parties' intent as expressed in the Right of Entry Agreement; and WHEREAS, on May 15, 2002, the City, through its attorney, agreed to pay the State an additional $750 as compensation for its early entry upon, and use of, the Premises; and WHEREAS, the State received payment from the City on March 4, 2002, of the amoUnt of the City's approved appraisal of value - $52,300; and WHEREAS, the State challenged the amount of damages paid by the City and obtained an independent appraisal which indicated damages of only slightly more than the damages already paid by the City; and WHEREAS, the State hereby waives any demand for damages in excess of $52,300 and consents to an award of damages equal to that amoUnt; and WHEREAS, the City consents to an award to the State of $500 for its appraisal fees; and WHEREAS, the City and the State agree to enter into the Easement and Agreement without any fee being required in recognition of the State's consent to waive any demand for damages in excess of the amount already paid by the City; and 4 -213.