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RESOLUTION APPROVING SETTLEMENT AGREEMENT TO RESOLVE LITIGATION - HAMMER ET AL. V. CITY OF COMMERCE CITY AND CITY OF COMMERCE CITY V. HAMMER ET AL.
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Summary and Background Information:
The City Council will consider the final terms of the settlement agreement for the two litigation matters involving the right-of-way acquisition and use of property owned by David Hammer, Karen Hammer, and related companies. The Hammer properties at issue are undeveloped parcels in unincorporated Adams County on the southeast and southwest sides of the intersection of 104th Avenue and Highway 85. For an assessment of the case and the City’s potential liability, please see the confidential, privileged memorandum dated March 1, 2016 (sent separately).
The major terms of the settlement are as follows, but certain exhibits and terms will be finalized after Council approval.
1. Belle Creek Intersection:
a. Hammer will construct relocated Belle Creek Intersection to the west of its current location. Final drawings (Exhibit 1) will be completed later.
b. The City will assist Hammer with obtaining CDOT permits. CDOT, with the City’s assistance, has already issued an initial permit for this work.
c. The City must obtain the property for the relocated Belle Creek intersection by January 30, 2017, at the City’s cost (including costs of creating legal descriptions). City costs are not yet determined. The City Council previously authorized use of eminent domain for this item.
d. Note: The City requested additional time to acquire these properties and the proposed agreement includes that additional time. Hammer has not finally confirmed his assent to these dates, but these timeframes are necessary to ensure the City can comply.
2. East Parcel:
a. The City will pay Hammer $63,000 to complete access construction on the east parcel within 30 days. The previous proposal was to reimburse Hammer up to $50,000 for the actual construction. Hammer will not be required to construct...
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