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WINSTON LAW OFFICE <br />N, ^ <br />4420 103 CENTER <br />80 SOUTH 8TH STREET <br />MINNEA^OUS, MINNESOTA 55403 D-/ <br />HL (6J 2) 341-9800 <br />FAX: (612)333-6351 IOHN 8. WINSTON <br />0lR£<n ’; (612) 341-3813 <br />October 28, 1997 <br />Thomas J. Barrett (334-8888) <br />Hinshaw it Culbertson <br />Piper Jaffray Tower, Suite 3200 <br />222 South Ninth Street <br />Minneapolis, MN 55402 <br />RE: G. Marc and Tracy S. Whitehead <br />1220 Lyman Avenue <br />Application Nos. 2279/2280 <br />Dear Tom; <br />You will recall our settlement of the park dedicaUon fee dispute with respect to <br />the Fullerton property, pursuant to which the Fullertons paid 25% of the anrount <br />initially claimed by the City for a park dedication fee due upon the subdivision of the <br />Fullerton property. I now represent the Whiteheads, who, like the Fullertons, are <br />faced with an unreasonably high and, for that matter, illegal claim of $13,376 for a <br />park dedication fee due upon the subdivision of the Whiteheads' property. Like the <br />Fullertons, the Whitehe: is are adding only two new lots, and, 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 subdivision 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 $3,344, 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 setdement otfer is acceptable. If wc <br />are not able to agree, then 1 propose that, as vsith d\e Fullertons, the full antount be <br />paid into escrow pending resolution of a lawsuit, arbitration or other dispute <br />20/10 ’d is£98ee2i9 *0N m aoiddo MVl NOISNIM 99:91 am 16-92-100 <br />J