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DISH Wireless, LLC Claim Assignment
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WHEREAS, on or about April 11, 2021 the Township and DISH Wireless, LLC ("DISH") entered into a formal lease agreement whereby DISH agreed to lease Township property for its telecommunications equipment and facilities, upon agreeing to pay the Township the amount of $4000.00 per month; and
WHEREAS, DISH made rental payments to the Township as required through November 2025, but the Township has not received any additional payments from DISH since that time; and
WHEREAS, as the result of DISH's non-payment of rent the Township declared DISH to be in default of the lease, and authorized the filing of a lawsuit to collect past due rent; and
WHEREAS, a Complaint was filed against DISH, seeking past due rent for the period of December, 2025, and thereafter; and
WHEREAS, soon after filing the lawsuit and serving the Complaint upon DISH, DISH filed a Petition for Bankruptcy, which had the effect of staying and barring the Township's lawsuit; and
WHEREAS, the Township has filed a Notice of Claim with the Bankruptcy Court, in the amount of $32,000.00 for past due rent through the date of DISH's filing of the Petition for Bankruptcy; and
WHEREAS, DISH's bankruptcy Petition disclosed liabilities far in excess of its assets, indicating that the Township's ability to recover the full amount of past due rent as well as other damages was problematic and uncertain; and
WHEREAS, the Township's Notice of Claim has been received and filed in the bankruptcy proceeding, and subsequent thereto the Township was contacted by CRG Financial, LLC ("CRG"), regarding the Township's interest in facilitating the sale, assignment and transfer of its Notice of Claim against DISH to CRG in exchange for payment in the amount of $18,400.00; and
WHEREAS, the Township believes it is in the best interest of its residents to accept CRG's offer to sell, transfer and assign its Notice of Claim and receive a sum certain payment in the amount of $18,400.00 as opposed to pursuing an uncertain outcome in the bankruptcy proceeding; and
WHEREAS, in order to complete the sale, transfer and assignment of the Notice of Claim to CRG, the Township is required to sign and execute a Claim Assignment document, which sets forth the terms and conditions of the sale, transfer and assignment from the Township to CRG.
NOW, THEREFORE, the Governing Body of the Township of South Brunswick does hereby direct, authorize and instruct the Township Manager and Chief Financial Officer, and any other personnel necessary, to prepare, complete and execute such documents and instruments, including the Claim Assignment, as may be necessary to sell, transfer and assign its Notice of Claim to CRG, in consideration of payment to the Township in the amount of $18,400.00.