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I <br />WINSTON LAW OFFICE <br />4420 IDS CENTER <br />80 SOUTH 8TH STREET <br />MINNEAPOLIS, MINNESOTA 55402 <br />TEL (612)341-9800 <br />FAX: (612)338>6351 IOHN 8. WINSTON <br />DIRECT; <6121 )41-«^13 <br />October 28, 1997 <br />Thomas J. Barrett (334-8838) <br />Hinshaw & Culbertson <br />Piper Jaffray Tower. Suite 3200 <br />222 South Ninth Street <br />Minneapolis, MN 55402 <br />RE: G. Marc and Tracy $. Whitehead <br />0 <br />1220 Lyman Avenue <br />Application Nos. 2279122^0 <br />Dear Tom: <br />You will recall our settlement of the park dedication fee dispute with respect to <br />the Fullerton property, pvursuant to wh’ J‘ the Fullertons paid 25% of the amount <br />initially claimed by the City for a park deurcation fee due upon tlie subdivision of the <br />Fullerton property. I now represent the VS'niteheads, who, like the FviUertons, are <br />faced tvith an unreasonably high and, for that matter, illegal claim of $13,376 for a <br />park dedication fee due upon tlie subdivision of the Whiteheads' property. Like the <br />Fullertons, the Whiteheads are adding only two new lots, ai\d, like the Fullertons' <br />lots, the Whiteheads' lots are large acreage lots. Each lot will be 3.8 acres or larger in <br />size. For that reason, and others, the demands placed on the Orono park system by <br />reason of this subdhision will be nil. <br />Continuing the Fullerton comparison, 1 propose that we settle the Whitehead <br />dispute at the same 25% rate, or upon payment of S3.344, a not insignificant sum. I <br />could have proposed a settlement for $1,000 per lot and negotiated up from there, <br />but, with the Fullerton precedent, I tliought we could both save ourselves some time <br />and our clients some money in reaching a prompt resolution of this matter. <br />I would appreciate your presenting this to the Orono City Council at your <br />earliest convenience so that I know whether our settlement offer is acceptable. If wc <br />are not able to agree, then 1 propose that, as with tl\e Fullertons, the full an\ount be <br />paid into escrow pending resolution of a lawsuit, arbitration or other dispute <br />20/10’d 15E9888819 ’ON XOd 301dd0 m NOiSNIK 95:91 301 16-92-100 <br />{