CCP 03-28-1994 - Laserfiche WebLink

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. Oak Grove Trust Members March 22. 1994 Page 4 V. TRUST INTERVENTION IN CONDEMNATION SUIT. Some years ago the Metropolitan Counsel placed a development moratorium on the Oak Grove Site, as well as on the parcel to the east owned by the Egan Family Trust. The development moratorium related to a Twin City metropolitan area wide search for new landfill sites. The Metropolitan Council. and the Egan Family Trust and Nonhwest Disposal (which had an operator interest in the property), were unable to agree on reasonable compensation for the moratorium. As a result, the Egan Family Trust and Nonhwest Disposal over time commenced two lawsuits against the Metropolitan Council seeking compensation for the moratorium. Both of these matters have now settled. and the Metropolitan Council has deposited a significant amount with the Anoka County Court. Pursuant to the Trust Agreement, the Egan Family Trust agreed to pay 50% of its share of future proceeds from the litigation, less attorneys fees and expenses, to the Trust. In the settlement between Nonhwest Disposal and the Trust, Nonhwest Disposal agreed that its time payment settlement would be accelerated upon settlement of the condemnation matters. , Litigation Counsel has been working with the Egan Family Trust and Nonhwest Disposal in order to get an accounting of the proceeds and expenses, so that the Co un may directly disburse the appropriate sum to the Trust .Unfortunately, Northwest Disposal and the _ . Egan Family Trust have been less than cooperative, and Litigation Counsel has been forced to file a Motion to Intervene. See Exhibit I. The Motion will be heard on March 24, 1994. - Since Litigation Counsel achieved the settlement with Northwest Disposal, and is entitled to 1/3 of the proceeds and needs to protect the Trust's interest in the condemnation proceeds to be paid over to Northwest Disposal, Litigation Counsel has graciously agreed to also protect the Trust's interest in the proceeds applicable to the Egan Family Trust without charging the Trust for these services. If, however, the proceeding becomes protracted, Litigation Counsel may seek the payment of some fees for his services relating to protecting the Trust's interest in the award to the Egan Family Trust ~ VI. FINAL CONTRACT AMOUNT DISPUTE WITH AMES CONSTRUCTION. The discussions with Ames Construction. Inc. ("Ames") concerning the final amount due for construction of the remedy at the Oak Grove Site are almost complete. Through numerous meetings and discussions, the final amount due (with the exception of whatever amount may relate to stonn damage) has been agreed to. In discussions with Ames, it became apparent that the principal cost item in dispute related to the size of the cap actually constructed. The Trust had, pursuant to the terms of the contract, calculated the amount due Ames based upon the "as constructed survey" provided by Ames. During negotiations several months after construction completion, Ames indicated that . 3S01Z20400S9 31Z2}}4