2006-3-17 Prairie Run Elevation Issues From John H. Brennan . JOHN H. BRENNAN
Attorney at Law
11200 WEST 78T"STREET
SUITE 300
EDEN PRAIRIE, MN 55391
(952)942-4747
FAX: (952)942-4740
e-mail:JBoffice@aol.com
March 17, 2006
Transmitted via United States Mail and
to E-Mail(Meouri cr Earthlink.net)
Mr. Michael Couri
Couri, MacArthur& Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
Re: Prairie Run Elevation Issues
Dear Mike:
Since receiving your March 1, 2006 e-mail, I have had a number of discussions and
meetings with Dean Johnson of Gold Key Development, as well as a meeting with Tim Hassett,
attorney for TC Homes. Even if Gold Key were willing to agree to the terms of your proposed
First Amendment to Planned Unit Development Agreement, which it is not, it would be unable
to do so because of TC Homes' unwillingness to accept responsibility for matters not of its own
making.
It remains our position that Gold Key developed and graded this property in compliance
with the terms of the Development Agreement dated July 16, 2004. The Grading Plan complied
with the requirements of the Agreement and was approved by the City's engineers.
Nevertheless, Gold Key is willing to submit a revised Grading Plan, provided that it will
not be comprising its legal position by doing so. Gold Key is willing to submit a new Grading
Plan as a good faith effort to resolve this dispute. However, in doing so, it is not acknowledging
any wrong doing or non-compliance with its obligations.
As long as the City refuses to take any responsibility for the issues surrounding the four
homes that have been completed by TC Homes, we will not be able to reach a global amicable
resolution. Accordingly, as we briefly discussed at our last meeting, I suggest we agree on those
matters where we can, and "agree to disagree" as to the others. By doing so, we can reduce the
damages which Gold Key and its builders are suffering, and for which we believe the City is
responsible.
I suggest we agree to amend the Development Agreement with respect to the entire
project, other than the four lots upon which the completed homes exist. As part of that process,
Real Property Law Specialist,
Certified by Minnesota State Bar Association
t
Mr. Michael Couri
� 3/17/2006
Page 2
we would expect the City to issue building permits and Certificates of Occupancy for all such
lots (other than the four). To expedite resolution of the issue with respect to the four disputed
lots, I would recommend to my client that it agree to have the matter submitted to binding
arbitration. I am confident that the parties could agree as to an arbitrator. If not, we will need to
resort to the Wright County District Court.
Please let me know if the City is willing to proceed in this manner. Obviously, I would
appreciate a response at your earliest convenience.
Sincerely yours, �
John Brennon I��
John H. Brennan
JHB/tls
cc: Mr. Dean R. Johnson
Mr. Timothy J. Hassett
U:AWP\Docs\LTR\Couri.Michael(3-U-06).doc
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