2008-01-31 LOC Copy Request
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FABYANSKE
WESTRA
HART &
THOMSON
RECEIVED FEB 0 4 2008
Aaron A. Dean
Shareholder
Direct: 612.359.7608
adean@fwhtlaw.com
PROFESSIONAL ASSOCIATION
January 31,2008
Michael C. Couri, Esq.
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central A venue East
St. Michael, MN 55376
Re: S.J. Louis Construction, Inc. v. Minnesota Development Agency, LLC
Albertville - Hunter's Pass Estates Street and Utilities Improvements Project
Our File No.: 36751-026
Dear Mike:
This letter follows up on yesterday's voice-mail message that I left for you.
I represent S.J. Louis Construction ("SJL"). SJL performed work on the Hunter's Pass
Estate subdivision. SJL is owed the principal amount of $151,082.14, plus interest, costs, and
disbursements.
It is my understanding that the developer/owner is Minnesota Development Agency
("MDA") and, as part of the development agreement with the City of Albertville, MDA posted
either a line of credit or a letter of credit ("LOC") with the City.
Please provide to me a copy of the LaC. I would appreciate you scanning and sending
the LaC to me immediately.
SJL requests that the City issue payment in full to SJL by drawing down on the LaC.
SJL has not been paid for its work even though the City's engineer approved and accepted SJL's
work. The City is, in fact, using the Hunter's Pass Estate project so there is no reason to continue
to withhold payment.
It is also my understanding that:
1. SJL representatives have discussed these issues with City personnel and the City
approves using the LaC to pay SJL.
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800 LaSalleAvenue, Suite 1900, Minneapolis,Minnesota 55402 Main: 612.359.7600 Fax: 612.359.7602 www.fwhtlaw.com
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January 31, 2008
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2. MDA had requested or the terms of the LaC authorized a reduction of the LaC in
mid to late February 2008 if there were no claims. SJL objects to any reduction
of the LaC unless the LaC is used to pay SJL. I know that SJL has previously
stated its objection to any reduction of the LaC and this letter constitutes another
notice that SJL objects to any reduction without payment to SIL.
Please call me to discuss this matter.
Very truly yours,
AAD/kj
c: Don Meyer
Brian Schwegel
, Rusty Vogelgesang
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