Madison, WI Header
File #: 28946    Version: 1 Name: Larmar Settlement and Stipulation
Type: Resolution Status: Passed
File created: 1/29/2013 In control: BOARD OF ESTIMATES (ended 4/2017)
On agenda: 2/26/2013 Final action: 2/26/2013
Enactment date: 2/28/2013 Enactment #: RES-13-00119
Title: Approving a Stipulation and Settlement Agreement with The Lamar Company, LLC, Lamar Outdoor Advertising of Janesville, and Lamar Central Outdoor, LLC (collectively, “Lamar”), and authorizing the City Attorney to execute the same, authorizing the City to enter into a lease with Lamar, and authorizing staff to permit Lamar to trim certain vegetation.
Sponsors: Paul R. Soglin
Attachments: 1. Final Signed City & Lamar Settlement Agreement & Stip
Fiscal Note
The stipulation and settlement agreement with Lamar will allow the city and other taxing jurisdictions to avoid a tax settlement payment of $160,000, as well as unknown amounts on related issues at other sites. As such, there is no anticipated fiscal effect from this resolution.

Title
Approving a Stipulation and Settlement Agreement with The Lamar Company, LLC, Lamar Outdoor Advertising of Janesville, and Lamar Central Outdoor, LLC (collectively, “Lamar”), and authorizing the City Attorney to execute the same, authorizing the City to enter into a lease with Lamar, and authorizing staff to permit Lamar to trim certain vegetation.
Body
WHEREAS, The Lamar Company, LLC, Lamar Outdoor Advertising of Janesville, and Lamar Central Outdoor, LLC (collectively, “Lamar”), and the City of Madison (City) are adverse parties in tax disputes in a number of cases in Dane County Circuit Court, including No. 2011-CV-2201, No. 2010-CV-2615, No. 2009-CV-2695, No. 2008-CV-2390, No. 2007-CV-0928 and No. 2005-CV-0794 representing disputes over tax assessments of billboards owned by Lamar and payments for tax years 2004 and 2006-2010; and

WHEREAS, Lamar owns a billboard located at the Don Miller site on the 800 block of East Washington Avenue, and also owns a permanent easement for that site, and the City desires to have this billboard removed, while Lamar desires to retain the billboard, so that Lamar and the City anticipate that issues surrounding the future of this billboard may result in future litigation between the parties, and

WHEREAS, Lamar and the City desire to end the existing litigation between them and to avoid future litigation over the billboard at the Don Miller site, and to model the settlement of these matters on the similar settlement reached with the Adams Company over similar issues; and

WHEREAS, Lamar and the City Attorney previously negotiated a settlement agreement, conditioned upon approval of the Common Council, which provided for p...

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