2004-12-22 Disputed Invoice Letter
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12/23/2004 THU 13: 06 FAX 7633231245 DI Homebuilders
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TO:
COMPANY:
FAX NO.:
PHONE:
DATE:
EdIna
700 BuDkl=r~BmI. ADob. MN SS303
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. 700 Bunker Lake Blvd
Anoka, MN 55303
Do..g Muyres
Vice President of Operations
Pbone: (763) 323-9086 Fax: (763) 323-1245
Cell: (612) 282-4742
Doug@mmhom.ebuilders.com
Number of Pages (Inc. cover): .3
DOUG:
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If you do not reeeivc an oftha ~ please can: (763) 323-9086.
1HANK YOU
\2/23/2004 THU 13:06 FAX 7633231245 II Homebuilders
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&EDC
~ "'INA DMI.Ot'MI!Nt CORfORATION
700 Bunker Lake Boulevard NW
Anoka, MN &A03
Ph (T83)323-9086/Fax (763)323-1245
December 22~ 2004
Mr. Larry R. Kruse
City Administrator
City of Albertville
5975 Main Avenue N.E.
P.O. Box 9
Albertville, MN 55301
RB: Albert Villas 1-7 Invoices
Dear Larry:
I am. writing to you in regards to OUT conversations on December 15 & 21, 2004 on the above referenced
projects. On December 15,2004 you called me with an offer to settle the disputed invoices from SEH.
At that time you offered to settle with us if we paid 90% oftl'le remainins balance. This offer was made to
me at approximately 4:10PM and was only good until 4:30 PM at which time you would be leaving your
office. I was not prepared to accept your offer due to lack of justification and or documentation to support
the invoices. I also discussed with you that I would not be able to make any decision without consulting
with Rick Lewandowski. President of Edina Development Cotporation.
.AE, I am sure you recall you stated that if I did Dot accept your offer that you would be pursuing legal
action against EDC. You also stated that you would not issue building permits to us and would get a Cease
and Desist order fiLed against us. On Tuesday December 21, 2004 we received a call from the DNR stating
that Todd Udvig from SEH was requesting that they place a Cease and Desist Order on EDC. During my
discussion with Rick from the DNR, r stated to him that 1 completed everything that the City, the City
Engineer and Todd Udvig would allow us to complete. Originally we were instructed to complete area 1M
by both Pete Carlson and Bob Moberg from SEH. After I made arrangements and got permission to ontcr 3
of the 4 affected properties I was notified by Mr. Moberg that the city did not have easements that would
allow us to work in this area. We were also instructed not to work in area 5m due to some possible
litigation. We proceeded to complete areas 3M, 4 M and. the area of 2M that the city would allow us to
complete. All of the completed sections have been seeded and mulched for the winter.
I was very frustrated that you would try to use another government agency to force us to pay a bill that
CaIIllot be substantiated. You have informed us that we are in possession of all the documents from SEH and
yet we are not able to tie out the daily logs to the invoices. As the developers agreements state~ the
Developer has the right to request time sheets of work records to verify said billing prior to payment. As
you know as of today we do not have sufficient data to support the billings. We will make every effort to
come to a fair resolution of the billings but will not be threatened or strong anned into making an unfair
settlement.
12/23/2004 THU 13:07 FAX 7633231245 1M Homebuilders
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We look forward to ow-meeting on Wednesday, January 5,2005 to resolve this issue. 1 would ho~ that
we can all come to the nlEleting in the spirit of cooperation. If you feel a need to discu.ss this further please
feel free to oall me at 763-323-9086.
Sincerely,
4~
Doug Muyres
VP of Operations
Cc: Rick Lewandowski