SETTLEMENT OF THE RETURN OF EQUIPMENTSprint
October 8, 2010
City of Clearwater
Mr. William B. Horne, II
City Manager
112 S. Osceola Ave.
Clearwater, FL 33756-5103
Sprint - Spectrum Development
Mailstop: GANORF0201-232
6575 The Corners Pkwy
Norcross, GA 30092
RE: Settlement of the return of equipment pursuant to the Frequency
Reconfiguration Agreement ("Agreement") dated October 24, 2007
by and between the City of Clearwater ("Incumbent") and Nextel
South Corp. ("Nextel")
Dear Mr. Horne:
The purpose of this letter is to confirm in writing the resolution of the dispute
between Nextel and Incumbent regarding the return of equipment pursuant to
Section 20 of the Agreement.
As you are aware, under the terms of the Agreement, Incumbent was
required to return to Nextel the Replaced Equipment pursuant to Schedule D. In the
event Incumbent did not return all items of Replaced Equipment, Incumbent had
options pursuant to Section 20, that included returning the items of Replacement
Equipment for each item of Replaced Equipment not returned or purchasing items of
(or paying the Product Typical Value set forth on Schedule E for) equivalent
Replacement Equipment for each item of Replaced Equipment not returned. After
inspection of all of the radios submitted by Incumbent, it is Nextel's position that it
rejected a number of the radios due to Nextel's position that such radios did not
qualify for replacement. It is the Incumbent's position that the radios did qualify for
replacement (the "Dispute"). To assist in resolving the Dispute, Harris Corporation
("Harris") has proposed to provide Nextel with a sufficient quantity of new radios
("Resolution Radios") in lieu of the radios and accessories that are part of the
Dispute.
Upon receipt by Nextel of the Resolution Radios from Harris, Nextel agrees to
waive the requirements for the return of equipment by Incumbent under Section 20
of the Agreement and Nextel will accept the Resolution Radios as full settlement of
the Dispute between Nextel and Incumbent as it relates to the Replacement Radios.
Nothing in this letter shall be considered an admission by either Nextel or the
Incumbent (each a "Party") of any liability regarding the Replacement Radios or the
Dispute. Each Party and its respective, as applicable, officials, directors, officers,
agents, representatives, attorneys, insurers and employees (collectively "Party
representatives"), upon delivery of the Replacement Radios by Harris, and written
confirmation to Incumbent at the above address of receipt of the Replacement
Radios by Nextel, release and forever discharge the other Party and its Party
Representatives from and against any and all actual or alleged claims, demands,
causes of action, losses, liabilities, costs and expenses which they now have or which
they may at any time hereafter accrue, arising out of or related to the Dispute.
Please acknowledge your acceptance of this settlement by signing below.
Thank you for your cooperation in this matter.
Sincerely,
Willi Jenkins
Vic President
Acknowledged and Accepted by Incumbent:
See attached signature page
Name:
Title:
Date:
Countersigned: CITY OF CLEARWATER, FLORIDA
A n _?.u r?
ge?11'
1 22-1.?? Z&!? By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
Appr ved as to form: Attest: 11, /Q? N
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Laura Mahony Rosemarie Call ?ew
Ass
istant City Attorney City Clerk t?*4? .
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this r" day of
20_Zp, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
personally known to me.
Print/Type Name . MAWIY-1
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
DIANE E MANNI
MY COMMISSION # DD952018
EXPIRES March O8, 2014
407 3Bd.p1y3 Flprlds com
The foregoing instrument was acknowledged before me this day of
20 ? o , by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
r
Print/Type Name:
fnc,
Notary Public
SANDRA HARRIGER
J 1v1Y COMMISSION H 04 7201 91
EXPIRES: January ?? 2012
Fl. NotW iTscwm Asuc, Ca.
1_gm.].NOTARY
Frequency Reconfiguration Agreement
City of Clearwater and Nextel South, Corp.
October 8, 2010