1k Approve Settlement Agreement, Empak Assessments
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Don Ashworth, City Manager
)0 [;0' Center Driue, PO Box 147 FROM:
Ow/hassen, MilllIeiota 55317
Phone 612.9311900 DATE:
Geneml Fax 612.9375739
~Ilgil/eeril/g Fax 612.9379152 SUBJ:
)lIblic Saft0' FI/x 612.934.2524
Web li'lUlU.ci. Chl/ilhamll.lI/il. iii
Todd Gerhardt, Assistant City Manager
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October 21, 1998
Approval of Stipulation of Settlement Agreement with Empak
Attached for the city council's approval is the Stipulation of Settlement
Agreement with Empak and County 17, Chanhassen Partnership. The stipulation
calls for a reduction of the assessment by 50% from $157,103.37 to $78,500. The
payment schedule is as follows:
1. $7,708.81 by October 1,1998
2. $7,708.81 by October 1, 1999
3. $32,447.22 by paying the 1998 special assessment installment with their taxes.
4. $30,635.16 by paying the 1999 special assessment installment with their taxes.
$78,500.00 Total
RECOMMENDATION
Staff would recommend approval of the Stipulation of Settlement Agreement with
Empak, Inc., abating $78,603.37 in special assessments for Project 93-29.
ATTACHMENTS
1. Stipulation of Settlement Agreement
g:\admin\tg\empak settlement.doc
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10/19/98 MON 12:05 FAX 612 452 5550
CAMPBELL
+H CHANHASSEN
141 OO~
CANiPBELL KNUTSOM'
Prnfessimull Associ<1tinn
Atwrneys at Law
Septein~er 24, 1998
.Itll:.:1 J. J,unnik
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j"hn F. Kdly
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()~l'r\1~ T. Srephc'n';'1n
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Th"mas J. C;lmrbdl
Rl,~~r N. Kml(Sl1n
Thlll1las M. Scott
ElIion B. Kn~(sch
Sl1<~~an Lt':<, P,l(.C~
(651) 452-5000
F<1x (651) 452-5550
Mr. Don Ashworth
City Manager
City of Chanhassen
690 City Center Drive
Box 147
Chanhassen, MN 55317
Re: Empak, Inc., et at vs. City of Chanhassen
Dear Don:
Enclosed please find two copies of a Stipulation of Settlement in the above matter
which have been signed by Mr. Bongard on behalf of Empak and County 17, Chanh..l\.ssen
Partnership.
The settlement provides for a reduction of the assessment by 50 % from $157,000 to
$78,500. As spelled out in Paragraph 1 of the Stipulation, the $78,500 will be paid by the
property owner continuing to make the payable 1998 and payable 1999 special assessment
installments under the original assessment, together with additional cash payments of
$7,708.81 on October 1 of this year and October 1 of 1999. After that point, the balance of
the original assessment would be abated since the settlement amount of $78,500 would have
been paid in full.
We recommend approval of the settlement based on our preliminary appraisal
information and considering the extensive attorney's fees and other costs involved in going to
court, the chances of the City coming out better than this settlement are slim.
Please call if you have any questions.
Best regards,
CAMPBELL KNUTSON
Professional Association
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By:
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Thomas M. Scott
TMS:cjh
Enclosure
Suite 317 . Eagandale Office Center. 1380 Corporate Center Curve · Eagan, t-/1N 55121
10/19/98 MON 12: 05 F.U 612 452 5550
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CA~fPBELL
...;.-H CHAKHASSEN
I4J 003
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYP;E: APPEAL
Empak~ Inc.. a Minnesota corporation,
and County 17, Chanhassen,la Minnesota
general partnership,
. Court File No. CO-97 -2009
Appellant,
vs.
STIPULATION OF
SETTLEMENT
City of Chanhassen,
Respondent.
Appellants Empak, Inc. and County 17, Chanhassen and Respondent City of
Chanhassen stipulate and agree as follows:
1. Appellants will pay the following amounts:
a. $7,708.81 on October 1, 1998;
b. $7,708.81 on October 1, 1999;
c. $32,447.22 by paying the payable 1998 special assessment
instalhnent; and
d. $30,635.16 by paying the payable 1999 special assessment
installment;
for a total payment of $78,500.00.
2. Upon paying the amounts detailed in paragraph 1 above the balance of the
special assessment for Lot 1, Block 1, EMPAK ADDITION (PIN 25-2710010) in the
original principal amount of $157,103.37 for Project 93-29 adopted by the Chanhassen
City Council on November 24, 1997 will be abated in its entirety.
10/19/98 MON 12:06 FAX 612 452 5550
CAMPBELL
-HH CHANHASSEN
I4l 00-1
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3 . Upon executing this agreement, the parties through their respective attorneys
will flie with the Court a Stipulation of Dismissal with Prejudice.
Dated:
, 1998.
Dated:
, 1998.
CITY OF CHANHASSEN I
BY:
Nancy K. Mancino, Mayor
EMPAK, INC.
BY:~ Arc
AND
Don Ashworth, City Manager/Clerk COUNTY 17, CHANHASSEN
BfI!r~
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