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09/26/00 Kukulski/Development AgreementTo: Glen Neier, City Attorney From: Chris Kukulski, City Manager Subject: Dick Dasen and the Southfield Park Development Agreement Date: September 26, 2000 The following is the history of contacts that I have made with Mr. Dasen regarding the money still owed to the City by Mr. Dasen. July - I met with Dick Dasen in my office to discuss the development agreement. Dick indicated that he understood that he was in default but could not pay the total amount due. He is interested in finding a way to resolve this dispute. He said he would get back with me on this. July - I stopped by Dick's office and spoke with him regarding his default. No resolution. July - I stopped by Dick's office and met with he and the Watti's. No resolution. August 2, 2000 - I sent a letter to Mr. Dasen offering an amendment to the agreement to help us avoid litigation since he is currently in default of the agreement. The letter requested his response within ten days. August - I placed at least two messages on Dick's answering machine with no response. also stopped by the office and left messages on at least one occasion. September 13 - I called Dick Dasen to find out his response to my August 2 letter. He said that I would hear back from him tomorrow (September 14). September 14 - I called Dick Dasen's office at 4:30 p.m. I left a message on his machine. September 14 - At 4:40 p.m. Dasen's attorney called to tell me that he was meeting with his client on Tuesday of next week. I will get something soon. September 25 - At 11:30 a.m. I had a meeting with Peak Development regarding Papa Johns and Exxon. I left a message for Dick Dasen to call me.. No return. Glen Neier, City Attorney Page 2 September 26, 2000 Regarding the August 2 letter, I have had no reply from Mr. Dasen as of today. We have made numerous attempts to contact Mr. Dasen to get a response from him and all efforts have resulted in nothing from him or his attorneys in writing as of this date. At the Monday night Work Session there was quite a unanimous consensus by Council to take whatever legal means necessary to get this money repaid to the City. Please consider this memo as my request to take whatever legal steps are necessary to get this resolved.