2a. Approve Agreement between Albrecht Companies/Ahafer Contracting/Noble Nursery/City of Chan I a►
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1 r .r cHANBAssEN
1 - '` 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1 MEMORANDUM
I TO: Don Ashworth, City Manager
FROM: Charles Folch, City Engineer q
DATE: February 2, 1993
I SUBJ: Approve Settlement Agreement Between Albrecht Companies /Shafer
Contracting /Noble Nursery. /City of Chanhassen
Downtown Improvement Project No. 86 -11A
II All of the im rovements associated with the ' '= 'town Improvement Project No. 86 -11A
were completed and fivataeceptance was is , e the. City back in June 1991. Prior to
1 processing the final payment request, t F'` CI v received notification from Albrecht
Companies that a claim was being filed I t 4 a ° le Nursery, a subcontractor to Shafer
Contracting, for unpaid services provide • II associ . on with this improvement project. In
' order to allow time, for all parties involv- ` o negotia { and reach a settlement on this claim,
the City has delayed the find payme i r or this proje • ;
I City -staff has recently been info ' , d that a settlem ` agreement has been reached in
principle between all parties Inv" d, I have attached spy of this settlement agreement
which has been reviewed an a sr _ i . , roved by the City Att.', I ey.
It is therefore re •,, ' • ed that the attached settleme agreement between Albrecht
Companies /Shafe g ` a kG - , ; . ;s. . .' t:k t_ . .; , , amen be approved with the
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! rt G EEa C . a P A ,, , E A
final payment � .,. _ � , - 0 r e agreement.
This will be the . " : !lent for th Improvement ' ode • -Af , 86-11A and
1 completes the active co , ' e, 0' In of this project.
Attachments: . 1. Letter from Ci op A '` 1 ey dated 1/8/93. -
2. Settlement Agr; 1 t nt
c: Dave Hempel, Assistant .City Engineer
Roger Knutson, City Attorney
Duane E. Albrecht, Albrecht Companies f
George Mattson, Shafer Contracting
1 Noble Nursery
Jon Horn, BRW
in PRINTED ON RECYCLED PAPER
01.18.93 15:54 22612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL 11002%004
CAMPBELL, KTUTSON, SCOTT & FUCHS, PA.
Attorneys at Law
' Th t: 1, (.::a ripha (612) 4^..2 5030
R, N i:n:, -.;,,n F.:x (61:) 45: -5550
' Th.xn:t' M, Sctlrr
G:,rr C• Fuch, t
l;n ws R. '.1 L rn
F ;:1i,,rr R. F:nrtxh
Mickid A. Iin
Iwnnv l). Steiner January 18, 1993
' NY PAX TRANSMISSION
Mr. Arthur C. Benson
' Harvey, Sheehan & Benson
7401 Metro Boulevard, Suite #555
Edina, Minnesota 55439
' RE: Albrecht Companies /Shafer Contracting /Noble Nursery/
City of Chanhassen - Settlement Agreement
' Dear Mr. Benson:
This is to confirm that I will recommend approval of the
' attached settlement agreement to the Chanhassen City Council. 1 am
very confident that they will approve it.
Very truly yours,
CAMP; i' • -COTT
df CBS, P.A.
BY:
Roger N. Knutson
' RNK:srn
Enclosure
1 cc: Don Ashworth
Dave Hempel
1
Suite 3I7 • •Eag. nJa 1e Office Center • 1380 Corporate Center Curve • Eag.in, MN 55121
01/15. 93 15:54 $ 612 "' 5550 C•431pBELL . . Ri11S \' 444 CHAN. CITY BALL I J003. 004 1
A i - y e . • r. a — — .... r . _ — • . _
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SETTLEMENT AGREEMENT 1
THIS SETTLEMENT AGREEMENT, by and between Dwayne E.
Albrecht, d /b /a Albrecht Companies; Shafer Contracting C Inc.,
a Minnesota corporation, Noble Nursery,
corporation; and the City of Chanhassen, Minnesota.
WHEREAS, Shafer Contracting Co., Inc. (hereinafter 1
referred to as "Shafer ") was the prime contractor for a certain of Chanhassen identified as
development hase Ij86 project (hereinafter Downtown referred to as the "Project");
and
WHEREAS, Shafer subcontracted a portion of the Project
to Noble Nursery, Inc. (hereinafter referred to as "Noble "); and
d/b/a Albrecht companies t Project
(her (hereinafter
Dwayne E. Albrecht, b ,
to as "Albrecht "); and
WHEREAS, Albrecht uh Which Albrecht asserts a the
Notice i Public
Con Bond through
amount of $16,136.57; and
WHEREAS, the City of Chanhassen has withheld payment of
$9,800 payable to Shafer in respect of the Project; and the
WHEREAS, the parties hereto are desirous v iitig avoiding
costs and delays which would be experienced through the
of the Albrecht bond claim;
NOW, THEREFORE, the parties do hereby agree as follows:
1. Subject only to payment to them in the amounts set
forth at Paragraph 3 hereof by the City of Chanhassen, Albrecht;
Shafer; and Noble shall release and discharge any and all claims
which any of said parties may now have against the City of
Chanhassen in respect of the Project.
2. Subject only to the payments set forth at Paragraph
3 hereof, Albrecht; Shafer; and Noble do hereby mutually release
and discharge an and all claims of any kind or nature whatsoever
which any them may now have the one against the other.
3. As consideration for the releases of Albrecht; Shafer; 1
and Noble disburse forth funds respect ofgthe does
Project
1 follows:
A. To Dwayne E. Albrecht, d /b /a Albrecht Companies $6,750
B. To Shafer Contracting Co., Inc. i 0 5 0
C. To Noble Nursery, Inc. ;9 - - 8
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9 15:55 $612 /'? 5550 CAMPBELL K UTSO` 4 4 CHAN. CITY HALL la 004 00.1
I__ u1813 01 -15 -9$ PRI Z1 HpsevmY• mt4tc. rip famimm ur. .-. we
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1 4. As a condition of payment, Albrecht and Noble shall
p lien waivers to the City of Chanhassen for the full amount
of their respective contract claims; and as Prime Contractor for
I the Project, Shafer shall provide to the City of Chanhassen a lien
waiver in the amount of $2,952,631.65.
I IN WITNESS WHEREOF, the parties have hereunto set
their hands.
1 DWAYNE E. ALBRECHT, D /S /A
ALBRECHT COMPANIES
1
D ated: : vimimmmm
1 Its;
I SHAFER CONTRACTING CO., INC.
Dated: BY"
Its:
I NOBLE NURSERY, INC.
II
Dated: $y:
Date VD
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II CITY OF CHANHASSEN
1 Dated: _ _ BY:
Its:
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