2002-10-22 Landscaping Escrow Release Request
AUTHORIZED TO PRACTICE LAW IN
MINNESOTA, WISCONSIN, IOWA,
SOUTH DAKOTA, COLORADO,
MONTANA, NEW YORK
AND WASHINGTON, D.C.
Messerli
&
Kramer
professional association
ST. PAUL OFFICE
LEAGUE OF MINNESOTA CmES BUILDING
SUITE 450,145 UNIVERSITY AVENUE WEST
ST. PAUL, MINNESOTA 55103-2044
TELEPHONE (651) 228-9757
FACSLVlILE (651) 228-9787
ATTORNEYS AT LAW
(612) 672-3646
1800 FIFTH STREET TOWERS
150 SOUTH FIFTH STREET
MINNEAPOLIS, MINNESOTA 55402-4246
TELEPHONE (612) 672-3600
FACSLVIILE (612) 672-3777
www.messerlikramer.com
PLYMOUTH OFFICE
3405 ANNAPOLIS LANE NORTH
SUITE 300
PLYMOUTH, MINNESOTA 55447-5344
TELEPHONE (763) 548-7900
FACSL\lILE (763) 548-7922
WRITER'S DIRECT DIAL NUMBER
Reply to Minneapolis
Brett A. Perry*
e-mail: bperry@mandklaw.com
October 22, 2002
City Administrator
City of Albertville
5975 Main Avenue N.E.
Albertville, MN 55301
VIA FACSIMILE & U.S. MAIL
RE: Karston Cove
Dear City Administrator:
This office is legal counsel to Eagle Crest Northwest Townhomes, Inc., the developer of the townhome
community lying and being in the City of Albertville commonly known as Karston Cove. It has come to
my attention that the City of Albertville has, as a requirement for my client obtaining certificates of
occupancy for homes when all landscaping has not been installed, been requiring my client to deposit
$2,000 in cash with the City, for each building for which a certificate of occupancy is sought, to
guarantee completion of landscaping. It has also been brought to my attention that no escrow agreement
was presented to my client by city officials for execution with regard to said deposit.
Please consider this correspondence a formal demand that the City of Albertville release all landscaping
escrow monies held by the City of Albertville immediately. Given that my client has, on numerous
occasions, requested the release of said monies, further delay will not be tolerated. In addition, given that
said escrow deposits were for the landscaping of particular townhome units, and that all landscaping has
been completed, we cannot accept any further policy changes with regard to the release of the escrowed
monies and/or the continued wrongful retention thereof pending the resolution of non-landscaping issues
with regard to the development (including units for which the escrow monies do not apply), as has been
attempted by Mr. John Siefert prior hereto.
'MR. PERRY IS A REAL PROPERTY LA W SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
October 22,2002
Page 2
Please send the $6,000 currently held by the City of Albertville to my attention at the above address
within one week of the date hereof or my client will have to consider other legal remedies available to it.
Sincerely,
7f;iLR~
Brett A. Perry
BAP:jmc
cc: Michael Couri (via facsimile only)
John Gleason
528756 I