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2009-10-06 Documents for Filing 'Also licensed in Illinois COURl, MACARTHUR & RUPPE, P.L.L.P. Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) www.courimacarthur.com Kyle R. Hartnett Sarah E. Schwarzhoff Michael C. Couri* Andrew J. kfacArthur Robert T. Ruppe" **AIso licensed in Ca/!/ornia October 6, 2009 Wright County Court Administration Wright County Government Center 10 NW 2nd Street Buffalo, MN 55313 Re: City of Albertville vs. Alpine Capital, LLC Dear Court Administrator: Enclosed for filing please find the following documents in the above-referenced matter: 1. Summons; 2. Complaint; and 3. Affidavit of Personal Service. Also enclosed is a check in the amount of $320.00 for the filing fee. If you have any questions, please do not hesitate to call. Thank you. Sincerely, V A-o'1 _ IJ .12. I .,t I I ~-tJV-JA..Qn DLlGV\b-h Kathleen H. Budish Couri, MacArthur & Ruppe, P.L.L.P. Enclosures cc: City of Albertville STATE OF MINNESOTA DISTRICT COURT COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT Case Type: Contract Court File No. City of Albertville, a Minnesota Municipal Corporation, Plaintiff, vs. SUMMONS Alpine Capital, LLC, Defendant. THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs attorney an answer to the Complaint, which is hereby served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Dated: October 2, 2009 COURI, MACARTHUR & RUPPE, P .L.L.P. By TJJJ(~ Michael C. Cauri (#214887) 705 Central Avenue East P.O. Box 369 St. Michael, MN 55376 ATTORNEY FOR PLAINTIFF ST ATE OF MINNESOTA DISTRICT COURT COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT Case Type: Contract Court File No. City of Albertville, a Minnesota Municipal Corporation, Plaintiff, COMPLAINT vs. Alpine Capital, LLC, Defendant. Plaintiff, the City of Albertville ("City"), for its complaint against Defendant above-named, states and alleges as follows: PARTIES 1. Plaintiff, is a Minnesota municipal corporation located in Wright County, Minnesota. 2. Upon information and belief, Alpine Capital, LLC ("Alpine") is a Limited Liability Company registered and located in the state of Minnesota. JURISDICTION AND VENUE 3. This Court has personal jurisdiction over all parties to this action and venue is proper in Wright County, State of Minnesota because all or the majority of the actions or occurrences on which this lawsuit are based took place in Wright County, State of Minnesota, and the Plaintiff is located wholly within Wright County, State of Minnesota. J FACTUAL ALLEGATIONS 4. Plaintiff, the City of Albertville, restates and re-alleges paragraphs I through 3 herein. 5. Plaintiff, the City of Albertville and Gold Key Development, Inc. ("Gold Key") entered into a Development Agreement dated July 16, 2004 in connection with the development of the plat of Prairie Run, located in Albertville, Minnesota. 6. The Development Agreement called for the City to install municipal improvements consisting of street, curb, gutter, storm sewer, sanitary sewer and municipal water in the plat of Prairie Run and special assess the costs of such installation against the lots in the plat of Prairie Run. 7. As part of the Development Agreement, Gold Key was required to pay all special assessments against the property in the Prairie Run Development as they came due. 8. Also as required by the Development Agreement, Gold Key obtained Letter of Credit No. 2601001 from Alpine in the amount of $217,469.37 ("Letter of Credit") to guarantee the payment of the special assessments. This Letter of Credit was delivered to the City as required by the Development Agreement. 9. Special assessments in the total amount of$542,806 were levied against Lots 1 through 15, Block 1, Lots 3 through 6, Block 2 and Lots 8 through 13, Block 2, all in the plat of Prairie Run ("Delinquent Lots"). These special assessments were payable in installments with the real estate taxes due in 2006, 2007, 2008 and 2009. 2 10. Gold Key has failed to pay any of the special assessments on the Delinquent Lots as these payments have come due. As a result, special assessments, interest and penalties in excess of$493,162.24 are delinquent and remain unpaid on the Delinquent Lots. 11. On June 4,2009, the City submitted a demand to Alpine at Alpine's offices in the form ofa draw on the Letter of Credit in the amount of$2l7,469.37. The basis of the draw on the Letter of Credit was Gold Key's failure to pay the special assessments on the Delinquent Lots. The City submitted all documentation required under the terms of the Letter of Credit in order for the draw to be honored. 12. Pursuant to Minn. Stat. 9336.5-108, Alpine was required to pay the City the requested $217,469.37 within 7 days of presentation of the Letter of Credit draw request by the City. Alpine failed to pay the City the requested funds within such 7 day period, and as of the date of this Complaint, has not paid the City the requested funds. 13. Alpine has identified no deficiency in the documentation the City submitted with its Letter of Credit draw request, but instead has informed the City that Alpine does not have funds available to pay the City. COUNT 1: Breach of Contract 14. Plaintiff, the City of Albertville, restates and re-alleges paragraphs 1 through 13 herein. 15. Alpine's failure to pay the City $217,469.37 as required by the terms of the Letter of Credit and Minn. Stat. 9336.5-108 constitute a breach of contract by Alpine. 3 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. A judgment against Defendant in the amount of $21 7,469.37 for the letter of credit guaranteeing special assessment payments for Prairie Run; 2. Plaintiff's costs and disbursements incurred in this action as permitted by law; 3. Such further relief as may be just and equitable. Dated: rJ~ 2 COURI, MACARTHUR & RUPPE, P .L.L.P. ,2009 ~C~, Michael C. Couri (#214887) ATTORNEY FOR PLAINTIFF 705 Central Ave. E. P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 (763) 497-2599 (Fax) ACKNOWLEDGMENT Plaintiff hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to an opposing party pursuant to Minnesota Statutes, Section 549.2 11. 4 Dated: ()~ ). ,2009 COURI, MACARTHUR & RUPPE, P.L.L.P. BWC~ Michael C. Couri (#214887) ATTORNEY FOR PLAINTIFF P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 5 J(~ Notary Public .. .r ~ 8AAAH Eo SCHwARZHoFF NOrARY PUBuc. MINNEsoTA My COIIIIIl/ssIon fxp/rws... 31. 2013 AFFIDA VIT OF PERSONAL SERVICE State of Minnesota ) ) ss. County of Wright ) Kathleen H. Budish, being first duly sworn, deposes and says that on October 2, 2009, she personally delivered a true and correct copy of the attached: 1. Summons; and 2. Complaint upon Alpine Capital, LLC by then and there handing to and leaving the same with Dane Swenson at: 5000 Winnetka Avenue North New Hope, MN 55428 Kolh1un 'BLZcLuA Kathleen H. Budish Subscribed and sworn to before me this 2nd day of October, 2009.