00-0858R

RESOLUTION AMENDING CONTRACT NUMBER 18320, AS AMENDED, WITH FRYBERGER, BUCHANAN, SMITH & FREDERICK, P.A., FOR LEGAL SERVICES BY INCREASING THE AMOUNT PAYABLE BY AN AMOUNT NOT TO EXCEED $21,000.

BY COUNCILOR HOGG:

        BE IT RESOLVED, that the proper city officials are authorized to execute an amendment, in the form filed as Public Document No. __________________, to city Contract Number 18320, dated September 15, 1998, as amended, with Fryberger, Buchanan, Smith & Frederick, P.A., for the provision of legal services related to the condemnation of land previously owned by the estate of Stanley A. Lepak and others, increasing the amount payable thereunder by $21,000, payable from Fund 605.


STATEMENT OF PURPOSE:   On September 15, 1998, the firm of Fryberger, Buchanan, Smith & Frederick, P.A., was hired by the city to represent it in the condemnation matter identified as city of Duluth, a political subdivision of the state of Minnesota, petitioner, v. the estate of Stanley A. Lepak, the unknown heirs of Stanley A. Lepak, Skip's Warehouse Sales, Rice Lake Lumber, Inc., Michael S. Lepak, Stanley R. Lepak, Richard S. Lepak, Cathleen S. Manning, Marilyn S. Esselstrom, Mary Kay S. Jones, John S. Lepak, and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the petition herein, respondents.  St. Louis County district court File No. C1-98-602367.  On November 27, 2000, the city council unanimously adopted Resolution 00-0787 which authorized proper city officials to complete settlement of this matter and a related matter pending in the federal district court.  That settlement has now been approved by the court.  This settlement concludes the legal representation of the Fryberger firm in this matter.

The original amount of the contract was $67,000.  However, this matter was complicated by unanticipated claims asserted by the corporate plaintiffs which resulted in the need to conduct extensive investigation and analysis of the damage claims asserted by these plaintiffs.  Significant trial preparation was also required even though this matter was ultimately settled without the matter being tried.

The city attorney's office has reviewed the billing and determined that the legal services rendered were reasonable and proper.