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8 Lakeview Hills Acquisition ~ - CITY OF CHANHASSEN MEMORANDUM TO: Mayor and City Council ;90 City Center Drive, PO Box 147 FROM: Chanhassen, Minnesota 55317 Phone 612.937.1900 DATE: General Fax 612.937.5739 Engineering Fax 612.937.9152 SUBJ: Public Safety Fax 612.934.2524 W1eb ll'lUlU.ci.chillzhassen.lIln.1tS Don Ashworth, City Manager October 21, 1998 Lakeview Hills Acquisition The acquisition of the northerly portion of the Lakeview Hills property for new TH 212 occurred through funding provided by the state/Metropolitan Council (RALF funds). One of the conditions of the final purchase was that Mr. Liefschultz would cap an existing well on the property including removal of well equipment. Councilman Senn gave me the attached quotation this week asking that I sign it to ensure that the condition was fulfilled. Apparently, Mr. Liefschultz has made a decision that he does not wish to cap it himself and would rather have the city use the money in escrow to complete the process. I am very reluctant to comply with this request as: . There is a guaranteed shortfall between the $12,000 net bid and the $11,480 in escrow; and . In talking with Mr. McCarthy, there is no guarantee that the 21.5 cubic yards anticipated to be necessary will in fact be sufficient. The price could double; and . Only one quotation was submitted whereas there are two other local firms, Stodola and Bergerson Caswell, who carry out this type of work; and . Although Councilman Senn states that Mr. Liefschultz will pay any differentials, I become the heavy in case he doesn't or in case court costs escalate our known deficit. I have felt very uncomfortable throughout this entire process in that Councilman Senn was successful in negotiating a very favorable $1.8 million purchase for the property and was successful in negotiating with the attorney's office to reduce the $35,000 recommended escrow to the current $11,480. I am sure that Councilman Senn will relay that obtaining permission to trespass across the southern portion of the Lakeview Hills properties can be obtained, that 7Je City ofCbalJhasse1l. A growing comn/unity with c!WIl lakes, 1Iudi()' .,e/iools, a chalilling dOl/'J/towll, tfJl'il'ing bwillesses, and beautiful PilI'ki. A great p/.ICi' to lic(, [('ork. {[i[d play Mayor and City Council October 21, 1998 Page 2 Mr. Liefschultz will pay differentials, and that an additional bides) can be obtained. However, again, I am reluctant to sign the attached document without being fully assured that the city council has approved such. Although I will not be here Monday evening, most of the negotiations and the details of the escrow were accomplished through the attorney's office. Roger will be prepared to discuss legal ramifications if that process is chosen to ensure compliance. g: \mgr\liefsc hul tz .doc 07/15/98 13:11 FAX 14102 .M.c;fO!J~,lr~1Iihy At 'WE.I.~. C~MP~~; " . MAIN OFFICES. SHOPS. YARDS & WAREHOUSES. 2700 EAST BOTH STREET. BLOOMINGTON. MN 55425-1323 . . . .: .l..'.. ! .: I : : ." . Ill. ..: ".. J.': .. WELL DRILLING. SEALING & DEVELOPMENT · 21 HOUR EMERGENCY SERVICE LINE SHAFT & SUBMERSIBLE PUMPS FOR ANY APPLICATION PHONE: (612) 854-5333 · FAX: (612) 851-9378 · MOBILE (612) 865-0576 " 850-5939 Company Representati\le; Tim McCarthy Quotation #: 98144 Date: 5/19/98 Attn: To: Steve Liefschultz Remada Company 7630 W 78th St Bloomington. MN 55439 Permanently seal the two deep wells @ lakeview Hills Apartments. "QUOTRTION" Re: McCarthy Well Company is pleased to submit this Quotation in response to your inquiry. After the owner has demolished the pump house. McCarthy Well Company wi II furnish the labor, equipment and material to remove both well pumps, install tremie lines, seal the wells with a total of 21.5 cubic yards of sealing material and furnish a Minnesota well sealing record for $12,761. Arry sealing material over 21.5 cubic yards required to seal the wells to the surface will be furnished and placed in the wells for $250/yard delivered to the site. A deduction of $800 will be credited to the final bill if the tank, starters and pumps become the property of McCarthy Well Company. This q.me is subject to directives issued by the Minnesota Department of Health. Payment terms: Net ten days from the invoice d3te. Our fi r m has performed work for this property many times in the past. We have the knOWledge and the experience to complete the above project in a first class and timely manner. J f this proposal is acceptable, please sign and return the blue copy of this form to McCarthy Well Company. If you have any questions please call me at 854-5333. Thank You For The Opportunity To Present This Proposal! THIS QUOTATION, INCLUDING THE TERMS AND CONDITIONS PRINTED ON THE FACE & SIDE HEREOF. CONSTITUTES A FIRM OFFER OPEN FOR YOUR ACCEPTANCE FOR 30 DAYS. I Certify That I Am legally Authorized To Purchase Materials And/Or labor To Be Furnished. By Title Date McCar~~ com~ By ~~~wn/PI Title President REVERSE Page...L of .J... Your 24 Hour Full Service Well & Pump Company __...._.... u___ ... ..._.. ..__........... ,.. _, ......__.._........_ 1tttithe 4 tJUe4,t · ~4. ..t1~ 1eI~ ~ Closing Date: Buyer: Seller: Property Address: Closing Agent: CP File No.: Closing Location: ") --:>'B" . 'ER'S CLOSING STATEMENT May 2, 1997 City of Chanhassen Lakeview Hills, LLC Carver County, Minnesota Commercial Partners Title, LLC 330 2nd Ave. S., Suite 820, Minneapolis, MN 55401 11255 Gray Plant Law Firm CHARGES CREDITS Purchase Price Additional Payment for eminent domain damages Holdback for Well Capping 1,595,000.00 290,000.00 11,480.00 PRORA TIONS & ADJUSTMENTS: Taxes from 5/2/97 to 12/31/97 ($26.56/day x 244 days) TITLE CHARGES: Closing Fee(l/2) Title Premium OTHER CHARGES: Recording Fees TOTALS Cash from Buyer 6,480.64 to: Commercial Partners Title, LLC to: Commercial Partners Title, LLC 250.00 1,993.75 40.00 1,893,764.39 11,480.00 1,882,284.39 The above closing statement is hereby approved, and the closing agent is hereby authorized and directed to disburse the money as indicated herein and deliver instruments, documents and other property, if any, to the designated parties and otherwise close this transaction in accordance with the closing instructions. ,I . to '.1. rh'l v'I . .~, f~ U;\,t/~<: . (- (' City of Chanhassen ~ By: ~{/A' ~-<//! ~ Tax entification No. 4/- 0 'BBS"?.3 / wpdala\11225buyercl I~ l~vy, _\ . r (': $'~... . I '. tL-' , - - f: "';0 , , N'- .' ~'.;' ~-l J' ! ._. ..........., \. ........ '\.".' I ~.""'_ ',", -"', ..., ". 1141-'" .. ;.,.-' I cz '] (.,A .-:/1 -----~~ I ~ I ';t. .,." ~.,,- ::- ~- Iff..' -d . ') r I J" . I