Laserfiche WebLink
<br />.f <br /> <br />William K. Goodrich <br />May 14, 2009 <br />Page 2 <br /> <br />In addition to the foregoing, as described in my November 4, 2008 letter to you, it is my <br />understanding that there is a pond on site and that the site drains into that pond rather than <br />producing storm water runoff that is captured by the City's storm drainage system. The specific <br />site engineering is not relevant for purposes of Lease obligations (because Bury & Carlson is not <br />responsible for storm sewer charges under the Lease, anyway). It is relevant, however, because <br />the City should refund to Bury & Carlson storm sewer charges paid by Bury & Carlson prior to <br />commencement of the Lease (in addition to those mistakenly paid after commencement of the <br />Lease due to the City's improper invoicing for the same). <br /> <br />On behalf of Bury & Carlson, we respectfully decline the City's offer to mediate. Bury & <br />Carlson's financial obligations are clearly set forth in the Lease. Based on the amount of the <br />quartet'~Yi'stormsewer fee invoices, -the City is asking Bury & Carlson to pay in excess of <br />$11,000 per year more than Bury & Carlson is obligated to pay under the Lease. A mediator will <br />add another layer of expense to concluding a situation that the City should not be disputing to <br />begin with. The Lease speaks for itself. <br /> <br />Bury & Carlson appreciates the City's offer to "attempt to amicably resolve this issue," and Bury <br />& Carlson would like to do the same, but we frankly do not perceive it as being particularly <br />amicable to charge Bury & Carlson something for which Bury & Carlson is not obligated to pay, <br />to continue to charge Bury & Carlson after being notified of the issue, and to eventually respond <br />by misstating the obligations of Bury & Carlson under the Lease. The Lease obligations are very <br />black and white; storm sewer charges are excluded. <br /> <br />Based on the foregoing explanations, a rent check from Bury & Carlson to the City in the amount <br />of $30,738.74 is enclosed, in full payment ofthe rent applicable to April 1, 2009 through <br />March 31,2010. Said amount is equal to the scheduled rent amount ($36,000.00) minus the <br />amount of storm sewer fees improperly charged to and paid by Bury & Carlson during the first <br />year of the Lease ($5,261.26). You may recall that Bury & Carlson has an express offset right in <br />the Lease. Please promptly forward the check to the City for processing. <br /> <br />If you would care to discuss this, please let me know. Otherwise, we will assume that you agree <br />with our plain language reading of the Lease. <br /> <br />Sincerely, <br /> <br />~A~ <br /> <br />Gary A. Renneke, for <br />Larkin Hoffman Daly & Lindgren Ltd. <br />jj <br />cc: John Bury <br />Bridget Bury <br /> <br />1254839.1 <br />