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CONTRACTOR DOCSR. MILLER CONSTRUCTION, INC. ,09og 953 MISSISSIPPI STREET NE. FRIDLEY, MN. 55432 612-571-3514 Lic. #6354 November 12, 1997 Attn: Curtis and Anna Pribula 6880 East River Rd. Fridley, Mn. 55432 Phone: 571-6433 RE: Final billing for contract dated 10-3-96 Dear Curtis and Anna, I have reviewed your list of concerns (attached). We have discussed all of the issues listed. As I have told you I do not feel that the balance of items listed are part of my contract. I am requesting final payment. I have attached a final statement. The attached final statement has been difficult to prepare because for months I have asked you for a written list and receipts for your expected deductions, but you have refused to provide me with any written list, amounts or receipts. In our meeting on 10-16-97 I asked you again what items you expected to be credited for. You would not give me any dollar amounts, but you did say that you were expecting credit for... - Locksets. - A motion detector light fixture (I agreed to a credit for a light fixture, but not a motion detector light fixture). -- Class 5 in the driveway. A bill from the phone company. Duct cleaning as per our earlier agreement. The two of you have in the past stated that before final payment you would require... 1) Updates to the vendor list previously provided. My response... D. Kent Landscaping 571-6889 Shades of green Landscaping 427-3710 2) All lien waivers. My response... All lien waivers will be provided at final payment, assuming that final payment is received within 120 days of the last day of work. If final payment is not received within 120 days of the last day of work, no lien waivers will be given. 3) Warranties. My response... Warranties if any, are provided by state statute. 4) Receipts or bills for allowance items that you had not previously agreed to. Also the bill from Classic Construction for spreading your black dirt. My response... They are attached. Items attached to this letter... 1) Your list of concerns 2) Final statement 3) Letter from R. Miller construction, Inc. to Mark Daly 4) Proposal from D. Kent Landscaping 5) Statement from Classic Construction Thank You, Rona�dMil er, it�sp esident OUR REMAINING CONCERNS G Trim around front door not replaced properly. ,Shingle above bay window not patched as promised-.. VSiding on West Side is losing insulation. V o pen spaces between foundation and sill allowing bugs and spiders easy V access. Cracks in upstairs bathroom where floor meets walls. � Cracks around o d windows. '-'Nail pops e.g. basement bath. VLow block in retaining wall collects water, will freeze and heave the cement and retaining wall. VAluminum trim near lower entrance was scratched by contractor during installation. 'Classic Construction said they would re -seal the cement work before winter. V 0 /o- 3,6- 'P 7 Written documentation forverbal agreements... #r,1 Tree removal Is part of the landscape allowance. 92 The exterior door is a S00. N3 Any room that needs patching because of the house move will be painted 94 The deduct for C.0, #3 ($975.00) will be deducted from the window payment or $2,800.00 making n $1,82500 9S The shower door is to be chrome with obscure glass 93 The heating is to be done by the Home Owner. 97 Regarding existing wall repalr : In the dining rm A living rm Curtis will remove and replace all moldings. Ron will rock walls with 316 rock tape & sand. The balance of the walls will be patched. The cost will be $900.00. 98 Under amount paid to G.C. on Contract above: Ne 54,750.00 paid from G.C. to Buyer is for credits due for allowances and change orders, The $975,00 from Prbu'a to O.C. is for a accou riling error in the $4,750 D0 regarding C 0.93. 43 In lieu of interior draintile the Builder will install exterior drairtile as follows.. North slde: 171, west total, South 15 The exlonor draintile will be Inspected by a city inspector,. There will be no adjustment to the contract price. includes daylight to North property Line. 9l0 When the backhoe Is on site I will relocate two trees to a place in the front yard marked by the owner. 1111 The hvo trees referred to in c o. 910 will be moved by a spade. The expense for the the move will be paid by the G.C. $012 13 G C will spilt the cost of duct cleaning with the Buyer op to $200 00ndles 1be 24 ( up to $100 00 to G.C.)r at no nge to the contract price. Ronald Mdier its President Dale — ...... Signature Date F{NAL Cogstruction stateme From: R. Miller Construction, Inc, (G.C.) To. Curtis & lmaRivPribula 953 Mississippi St 6880 East Rcad(Buyer) Fridley, Minn. 55432 Fridley, Mn. 55432 571-3514 571-6433 Job: Note: Same This FINAL statement is a extension ofour Agreement dated 10-03-96 91,600.00 Contractamount..................................................................... (7.786.00) Allowance adjustment - ..... ........... _......_......,.... .......... .................... (76350) Change order adjustment .. ..................... .......... .................................... ....... ---•------ .......... ----------- --- Adjusted contract amount .............................. ... ....,............ ...... ................ 83,050 50 Amount paid to O.C. on Contract Draw 91 5.000.00 Draw 92 20.D00.00 Draw #3 20,000.00 Draw 54 1,82500 Draw 55 20,000 00 Draw $6 13,000.00 Miller to Pribula (4750.00) Pributa to Miller 975.0 - 76,050.00 76.050 00 ........ Balanceon Contract............................................................... ....................... .......... aaasesr_sseooa_ez=aa�sa $7,000.50 Allowances (amt used to date) Amount in bid Amount used Adjustment Cabinetry 25000 900.00 0.00 900.00 25000) 0 W Existing wall repair Malntanee free exterior 2,500.00 2,500.00 0.00 Landscape 4,75000 1,375.00 (3.375 00) vee removal $850.00 relocate apple trees $25.00 Kent Landscaping (retaining wall) $500.00 200.00 (1,800.00) Soil corrections 2,00no 650 W 0.00 (650 00) Water softener Show. -,r door 350.00 279.00 (71 00) H-vAC. 2,00000 360.00 (1,640.00) Concrete exterior $2.00 SQ' 0.00 0.00 Allowance adjustment lotal.,...,,....._.................................................... (57.786,00) Change orders (C.O.) 12500 N1Concrete for shed.............................................................................. 32500 M2Upgrade 93 to a 200 Amp. panel........................................................................ The replacement of the two windows (Main Ii associated work will be done by others (905 14 Wire mesh In basement concrete .............. .......................................... ......... 00) 7500 95 Move outside water faucet ..,..—.................. ..... .,,......,................... .,,,..I ........ .._ (6500) tl6 Credit for main level tollet........... ......,,.,,...,...,..,,,................ ....,...... ,.... 130.50 #7 bolt south side of porch to house. 4.5 hrs @ $29.00 .....................,,............................... ria Credit for fire alarm per agreement dated 6-23-97 . ......................... ............... _ (25 00) 99 St Marie Sheet Metal Proposal dated 6-23-97: V ball valve 60.00 910 St. Marie Sheet Metal Proposal dated 6-23-97: 1/r" copper gas line 75.00 911 St Marie Sheet Metal Proposal dated 6-23-97: Removal of const furnace, gas line&vent I 912 St Marie Sheet Metal Proposal dated 6-23-97 Seal bottom of chimney 25.00 913 Spread black dirt .........,...................................................... 60.00 (200-00) 914 Exterior handrail ....................... 500) 915 Loeksets(Estimated)................ ,,,,...,.,..,,,.,................... I—, 1... ((4500) #16 Phone hook up (Estimated)1.1.1111'...." ................................................... 100 00 ( ) 917 Duct cleaning per change order 9 13 below (Estimated:..................................................... (9.00) 918 Ektenor Iight Fxluro............ ...................................................... (225.D0) 919 Gravel for parking area _ ..................................................... Change order total - ............ ............_,,,.......,............. ,................... ........__--($763.60) Written documentation forverbal agreements... #r,1 Tree removal Is part of the landscape allowance. 92 The exterior door is a S00. N3 Any room that needs patching because of the house move will be painted 94 The deduct for C.0, #3 ($975.00) will be deducted from the window payment or $2,800.00 making n $1,82500 9S The shower door is to be chrome with obscure glass 93 The heating is to be done by the Home Owner. 97 Regarding existing wall repalr : In the dining rm A living rm Curtis will remove and replace all moldings. Ron will rock walls with 316 rock tape & sand. The balance of the walls will be patched. The cost will be $900.00. 98 Under amount paid to G.C. on Contract above: Ne 54,750.00 paid from G.C. to Buyer is for credits due for allowances and change orders, The $975,00 from Prbu'a to O.C. is for a accou riling error in the $4,750 D0 regarding C 0.93. 43 In lieu of interior draintile the Builder will install exterior drairtile as follows.. North slde: 171, west total, South 15 The exlonor draintile will be Inspected by a city inspector,. There will be no adjustment to the contract price. includes daylight to North property Line. 9l0 When the backhoe Is on site I will relocate two trees to a place in the front yard marked by the owner. 1111 The hvo trees referred to in c o. 910 will be moved by a spade. The expense for the the move will be paid by the G.C. $012 13 G C will spilt the cost of duct cleaning with the Buyer op to $200 00ndles 1be 24 ( up to $100 00 to G.C.)r at no nge to the contract price. Ronald Mdier its President Dale — ...... Signature Date 11/06/97 o9:57FAX 612 754 3532 A"VIV" — ••.. - -- - r. JOV-`6-97 T'HU 8:12 AM R MILLER CONSTRUCTIOV FAX NO, 6125713 14 R. Miller coast.ruetion, Inc. 9S3 Mississippi STRSRT MR. FRIDLEY, M9. 55432 612-571-3514 Zoic. 46354 November 4, 1997 Attn: Mark Daly Anoka County Hwy. Department 1440 Bunker Dake Blvd, N.W. Andover, Mn. 55304 Phone: 754-3520 Fax: 754-3532 RE: Drainage at 5880 E. River Rd. Fridley, Mn. Dear Mark, This letter is to provide written documentation for our recent conversations. on or about october 31, 1997 I called you to discuss the drainage problem at the above mentioned address. The things that you told me were as follows... - You have visited the Site. - You saw that the drainage area to the South of the building was scoured. You told me that during the summer of 1997 we experienced some very severe rainfalls. These rainfalls were much greater than what normal highway deeign will support. You stated it is your opinion that the reason for the scouring is because of inadequate drainage at the South side of the South retaining wall. Your suggestions for correcting this problem are as follows... 1)Drain tile could be installed at the South property line. 2)Rai6e the existing retaining wall and add fill next to the retaining wall in order to create a swale approximately two feet away from the retaining wall. you caution Ist this or thebecause you are unsure if the retainingdesigned proper height. 3)lnstall a drainti,le system at either the top or bottom of the existing retaining wall. This draintile system should daylight into the backard at the low end of the said wall• 4)Cut a Swale into the existing grade two feet away from the retaining wall. hank .�u, Ronald Miller, its President I a r th eve. Mark Sly D. KENT LANDSCAPING No. of Po PROPOSAL AND ACCEPTANCE Adan Baker Avenue Northeast e Fridley, Minnesota 55432 a 1-800-453-9856 a 612.571-6889 DATE ;ITy, sTAu AND ZIP CC' -E—= ARtH1TfCT ✓v DATE Of PIANS We hereby submit specilications and estimates for: I ON r JOB NAME C' ,, � JOB t!O_Cc"ON ILI Cciticottons sor me -.v... - lOB PNONE We Propose hereby to furnish material and labor — complele in occordonce with above spe 00 dollors (S Payment to be reode as fo ows: Alt tnotorlof Is guaranteed to be as specilted. AN work to be completed in o worktrwn• riz Uke manner occor4in9 to standard practicer. Any ottcrotiors on or writ en norders, ode Signature e ' spkcif cotaons Involving extra costs will be executed only up will become an extra charge over and above the estimate. ate: "'s propofol may be withdrown by us it not accept -H within Acceptance of Proposal -The above prices, specifications and conditions are wtistactory and are JMreby accepted. rou ore outhorieed to do the work as SPecilied, Payment will be made os outlined above. Dole of Aceeplance sigma 'CLASSIC, CONSTRUCTION CONCRETE & MASONRY WORK • COMMERCIAL & RESIDENTL L 18542 ULYSSES ST. N.E. EAST BETHEL MN. 55012 (612) 434-8870 Fax: (612) 434-7120 STATEMENT FR. Miller Construction Job Address: 6880 E River Road Fridley, Mn L DATE DESCRIPTION CHARGES 7/10/97 Work Completed Per bid less Post footings not done, Front Step & Concrete Steps in new walk- out entrance. $1829.00 Sidewalk 752.00 Patio 1318.00 Spread & Grade black dirt. 60.00 Total Amount Due $3959.00 Thanks, Curt PAY LAST AMOUNT IN 13ALANQC GULUMN A OXNNESG�. �O yo � a OF TVkr40 Curtis and Ann Pribula 6880 East River Road Fridley, Minnesota Subject: Relocation of Mama Ann's Daycare and Home Dear Mr. and Mrs. Pribula EXHIBIT # -6 c Minnesota Department of Transportation METROPOLITAN DIVISION State Aid Office Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Date: March 25, 1998 You have asked me to express my opinions regarding the above Relocation in writing. My thirty-four years of experience as a Professional Engineer and Contract Administrator gives me some licence to provide a standard of judgement in these type proceedings. Original efforts to relocate your home and business deeper on your lot resulted in various delays and misunderstandings. Despite previous problems, however, relocating your home was the outcome desired by all parties. To that end, a meeting was held on July 29, 1996 at the daycare home. Participants included Anoka County representatives Mike Kelly, Chief Right -of -Way Agent, and Jacquelyne Wentworth, Relocation Consultant; Robert Brown, District State Aid Engineer, your attorney Teri Melcher and myself Robb Urquhart I felt the results of the meeting were quite positive. A timetable was set for your relocation with your interim needs being satisfied. First mid-August, the architectural specification being approved with bids for the relocation being opened in late -August. We expected bids to be approved in September with ground breaking in October. During construction you and your business were relocated at county expense to a temporary home which the county has been maintaining and acceptable to you. Construction and house relocation would be completed by January 1997. On November 1. 1997. 1 inspected the project and found it incomplete. The site grading and backfill was not shaped and compacted to industry standard. Also, the work inside the home required finishing. Ceiling tiles and insulating still needed to be done. This is an unacceptable delay. The Work was not done there fore in my opinion the contract is breached Sincerely,, / Robb Urquhart, P.E. State Aid Construction Engineer WIEA IL REI(SIEDLER-JOHNSUN NOTARY PUBLIC - MINNESOTA N Comm. E)Ores Jan. 31, 2001 PA1JL D. WELLSTONE MINNESOTA MINNESOTA TOLL FREE NUMBER: 1_600-642-6041 August 9, 1996 'United Mates senate WASHINGTON, DC 20510-2303 Ms. Anna Wichern 6880 East River Road Fridley, MN 55432-4115 Dear Ms. Wichern: COMMITTEES: ENERGY AND NATURAL RESOURCES LABOR AND HUMAN RESOURCES SMALL BUSINESS INDIAN AFFAIRS VETERANS'AFFAIRS Charles Siggerud with the Minnesota Denartment of.. Transportation has responded to my inquiry on your behalf. Mr. Siggerud states that he has directed his staff to research the problems you are experiencing, offer you technical assistance, and help facilitate an equitable solution. He also informed me of the meeting that took place at your home on July 29, stating that the results of the meeting were very positive. A copy of his letter is enclosed. I hope that you are pleased with the response. If I can be of further assistance to you, please do not hesitate to contact me again. My best to you. Sincerely, f3.%, W Paul David Wellstone United States Senator PDW:lmf:pca Enclosure 717 HART SENATE OFFICE BUILDING 2550 UNIVERSITY AVENUE, WEST POST OFFICE Box 281 417 LITCHFIELD AVENUE, SW WASHINGTON, DC 20510-2303 COURT INTERNATIONAL BUILDING 105 20 AVENUE, SOUTH WILLMAR, MN 56201 (2021224-5641 ST. PAUL, MN 55114-1025 VIRGINIA, MN 55792 (612) 231-0001 (612) 645-0323 1218) 741-1074 1-0 D {= � la AZ '4014N., V-1.0 OF TV Date: August 1, 1996 Minnesota Department of Transportation METROPOLITAN D�V Waters Edge Building `' 1500 West County Road B2 Roseville, Minnesota 55113 The Honorable Senator Paul Wellstone 2550 University Ave. West Court International Bldg. St. Paul, MN 55114-1025 Dear Senator Wellstone: Commissioner Denn has asked me to respond to a letter forwarded to Mn/DOT by your office concerning Ms. Anna Wichern's problems related to recent widening of East River Road in Fridley, Minnesota. Ms. Wichern, owner of Ma Ma Ann's Day care, has been adversely affected by the construction and the loss of a portion of her front yard. I have directed my staff to research these problems, offer technical assistance to Ms. Wichern and Anoka County, and help facilitate a solution and establish a time schedule satisfactory to all parties involved. Ms. Wichern's main concern appears to be her loss of current and potential business customers. She feels her business is at risk due to the fact that construction has placed her home quite close to a busy street and out of compliance with property set- back regulations which, understandably, could prevent parents from placing their children in her home. She is also concerned about her lack of ability to offer potential customers the stability that comes from long-term care by one provider. The uncertainty due to the unresolved nature of the right-of-way settlement has left Ms. Wichern unable to tell customers they can count on her to provide their children with a long-term relationship. Ms. Wichern, Anoka County, and the City of Fridley have been working together to propose alternatives for Ms. Wichern. The alternatives range from complete relocation to another site, leaving the home "as is" with a City set -back variance, or relocating the house deeper on the lot with interim provisions to allow her business to function as work progresses. Original efforts to relocate Ms. Wichern's home deeper on her lot resulted in various delays and misunderstandings. Despite previous problems, however, relocating Ms. Wichern's home appears to be the outcome desired by all parties. To that end, a meeting was held on July 29, 1996 at Ms. Wichern's home. Participants included Anoka County representatives Mike Kelly, Chief Right -of -Way Agent, and Jacquelyne Wentworth, Relocation Consultant; Mn/DOT representatives Robert Brown, Metro State Aid Engineer, and Robb Urquhart, Assistant Metro State Aid Engineer (Acting); Ms. Anna Wichern, and her attorney, Teri Melcher. I feel the results of this meeting were quite positive. A timetable has been set for the relocation with Ms. Wichern's interim needs being satisfied. In mid-August, the architectural specifications will be approved with bids for the relocation to be opened in late August. We expect the bids will be approved by mid-September with around breaking taking place by October. Construction and house relocation should be completed by December of 1996. During construction, Ms. Wichern and her business will be relocated at county expense to another home which the county has been maintaining and is acceptable to Ms. Wichern. Thank you for bringing this matter to our attention. We appreciate being given the opportunity to work with our partners in local government and the public in order to provide services that are both responsive to individual concerns and sensitive to public policy issues. Sincerely, • ✓`�� Charles Siggerud cc: James Genn, Commissioner n111N A1! Nkl' IN MIIC . /iMNu F'usl Itk err Ittl. rrw Urµ ►w ; ;s:iT . I!i l :t1 ,57; •i;d:l:f April 24, 1991 Questions and concerns regarding the moving of our home at 6880 E. River Road. * The back porch is still awayfromthgee house. XY ; * Some concern the pine corne e"��ip' ort of the south-west corner of the basemen ecause it is so close to dirt this will be covered by siding and the retaining wall will assure that the wood doesn't come into contact with moisture from the ground. Th -e blueprint specifies drainage tile around the perimeter of the basement. This was not done and has led to water seeping into basement. We need this corrected before the landscaping is done.�>Wvlc When the permanent concrete steps are put in place, we would like deeper steps like the ones on the south side of the retaining walls. Children will be using them. Z'G —,4M C AO-gb�D M0Z,95_ -_Z: LZ�Z—e- ;7D Pge6S -;:!T- o ff M )11-00 The holes in the siding where electricity went to the garage and the water water spigot was moved need to be taken care of. ,brvlrc * There is a gap between the foundation and the bay window. Building �f inspectors said this needs to be filled, the wood sill needs to be coverer, _bang the exposed wood on the bottom of he bay needs to be covered alsog .,o Top of Egress block needs to be'fille and ca" pped. Recommended that a fence be put on to protect chi Idrer�",r ,gyp * /Front steps need to be installed. /e s * The water spigot on the North side of the house needs a back flow stopper.aow✓ '*! The solidness of the structure remains an overall concern ,Jhe siding needs to be repaired or replacer s, —,6,^4c * The flowering trees need to be moved very soon if they are to be saved gyp, 6_' * Homeowner requests drawings and price list for materials and work involved in the landscaping. This is an allowance item and a very recent bid./kb * Homeowner wants wooden fence to be removable it was originally. P<:5 * The gas meter needs to be tidied up. See photos taken in your preparation for this project. i(.40 * There is still debris in the yard from the basement as well as from clearing out the yard in preparation for the project.i�lo�A{-"�'=s b--27 9 7 CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 • FAX (612) 571-1287 July 2, 1997 Mr. Ron Miller Ron Miller Construction Inc. 953 Mississippi St NE Fridley, MN 55432 Re: Final Inspection at 6880 East River Road NE, Fridley Dear Mr. Miller: A final inspection was conducted on June 30, 1997 of the above noted address. We found that the new foundation and the alterations after moving the house are approved as completed and the dwelling is hereby approved for occupancy. If you have any questions on this matter, please feel free to contact me at 572-3603. Sincerely, ...✓6,20 -, 471 -W -A F // Building Inspector Anoka County Government Center 2100 3rd Avenue - 5th Floor Anoka, MN 55303 TOJI111 rI-1 wo, (Name & Address) CORRECTION ORDER FAMILY DAY CARE RULES 9502.0300 TO 9502.0445 ANOKA COUNTY DAY CARE LICENSING DATE: ��&/ A z Class License: L —/ Provider Directions: The following violations of Rule were documented on and must be corrected. In the space provided, state how each violation was corrected and th, date the correction wasde. t the bottom, sign and date this form and return the original to your licensor by / 97 FROM: Rule Part/Citation Violation Deadline for Correction How Corrected Date Corrected ❑9502.0315 Subp. 29A Supervision ❑9502.0365 Licensed Capacity ❑9502.0385 Training ❑ 9502.0405, Subp. 6 Records ❑9502.0425, Subp. 9 Cribs ❑ 9502.0425, Subp. 10 Stairs i El 9502.0425, Subp. 16/17 Fire Equip ❑ 9502.0425, Subp. 18 Electrical ❑ 9502.0435, Subp. 4/6 Toxics ❑9502.0435, Subp. 7/8 First Aid/Enver 9502.0435, Sub 12 Rabies J J 't b� ,� i�L�Ciil r V ❑ 9502.0435, Subp. 13 Diapers ❑9502.0435, Subp. 15((Handwashin I Other: 450 , 04a5 J . %E . ff� 0 LiJta "31 'j% ❑ Other: ❑ Other: ❑Other: Provider. Signature: .L/FORKS/CR(-T-ORD.005/I-97; SSMH-DCL-005 Date: D G Welding & Mfg. Invoice 11988 Riverwood Dr. Burnsville, MN. 55337 DATE INVOICE NO. [6121 890-4073 8/25/97 BILL TO Curtis Pribula 6880 E. River Road Fridley, MN 55432 P.O. NO. TERMS FOB PROJECT 4413 Net 30 D G Curtis DESCRIPTION AMOUNT 3 Hours of Field Labor 150.00 4 Hours of Shop Labor 160.00 Material 45.00T Mn. Sales Tax 2.93 Thank you for your business. Total $357.93 THE HOME DEPOT 2802 hLi_r'1;;� t�U 1:i11t.4i Ni"Ek1CA'S HEARTLAND 5650 MAIN STREET FRIDLEYr MN 55432 (612)571-9600 IY E N A k G S 2802 00002 23735 06/14/97 t!?ii97 n_ca,l transaction SALE 541 09:27 FM h� 0:;' FLUSH INTEHOK G 020967418625 2 PK AC -DC 18.97 +43.97 038613184596 BERING HIN 10.90 � L.;i: F4lx t; IiTEn1OR D 4.x.u.7 043156961252 GEO FASSAG 13.41 iia'. F: t ` ! !N i ff, D 015231077035 STRIKE 6.58 ,.-.?�`� 47.57 �„J1 r 2. 2 )43156961 5 GEO FASSAG 13.41 : - -: r1 ! <•E ItT^ -^ 1::: nT 1.!:\G� 1 vJL.I 1 ,,zRY1LZ _ , J1y Gtr_ 1. 5'01; ' 'IJ E:1 F ,�►_.. �_� ��, i,.�Y. 043156961238 FRVCY LOCK 14.96 v ; .' ,`i. J' 4 ; -V-L- 1;? i; : { . F ?:;-5 Ctx) li.."��•r,6 h..L,.;114Ii 090100003704 2X4X8 FT 2.E8 _;'S":�.; =t44.36 i %6.S6 2 2 09x)100003755 X4-1 PT 4,g$ r.l ^n -r r. : r .1: %;;; v3-v-vif.11 i-vJ .4� ILn 1 T r� . - t t : t.i:ut ii. ( t -i•. CYL HiE 090100003759 2X4-12 FT 4.88 t r.:�l:tr n.: 1 = %� vu-v-Yvu- ry W JI't: t _, • • - ll. i. 24.99 r- p T •.Ij`. Y. $COW 2• ? 09010000'x759 �C4-1 FT 4.88 LgTT.I1 .x -Tr^ T •u n." •: v•} L•JJ'v t: •ILVIJ t:V 11VFt :L I L4 { C7. t t H!B 1h.Tt p �.1 r., 17 .98 ' Ji �vVl 1 7 090100003759 2X4-12 PT 4.88 ^•1l.TAT lI .ti r.": t�::IvtnL .,v•1, Shi:tS PINE 3ISXI--1/"2 05330017304957 GLOVES 1.27N `""l' 07'7758x25518 SCALGSNFE 4.0x) tV 1:,.. J: •J: V I�IiItJ 077758325518 SCALGSAFE 4.00) n.41.i8 now 077758325518 SCALGSAFE 4.00) 077758325518 SCALGSAFE 4.00 TDI ;1 031492366003 SINE; FIAT 3.24 _ 2 Ttij.r. :rt.. 6.5;: 25.5- 081492366$.0x)3 SINK MAT 3.24 To?, -al Sale 4$8.28 132979 SINK. SAGGL3.24Fil 42.i8 SUBTOTAL 127.62 c:r:L iin i ivi� n 1115761774 126.35 TAX I.1N 6.500 8.21 3 29571 6/21/97 1:26F'M 3x-x1J TOTAL '$135.83 135.83 •• r nnT^- n�-�rtlt_a �i4i 1 h1L'i. iiis Cordhold;',- 7,cknawiEds9s receivt Ct sni d /se -,vat=s in the total amount shown TA 7txr.t•I,f FOR, S101PPINr+ f.T ,.ITr.r.rr.T I\J VI\ Jt�:J 11 V ftl • Irti\VLI a -)n d X1:1 to .ag the card issuer Ij _t' .1 (i 7'L,-_ tl.rt. �i1T S1!. l•If T:, ntl.^• rr1 Y`. II�tTTT�t• vii- rnLl\ to { f l: iL,4Lt_L: �.t i'I :r ti rii :' to its current terms. ORIGINAL RECEIPT REQUIRED FOR REFUND ttuv:\ 'JI� Ltti LILT t't:I:L�{rt.iL J11[I..L tili:� CREGIi CARE) S,%LES SLIP THANK. YOU FOR SHOPPING AT THE HOME DEPOT Ti;ice i. i YCUZ; FILA E RETIlj I VOR YOUR RECO;:U . CASHIER OF THE MONTH SHERRI COX 1-1-I t-4 K. Y O U F C --)R c:;E-10PpYt•4 3 1iv-1-42-IN171S :.F11;.; AdbUSTA PRIE.ULA LUMMES -• COMMUNICATIONS Time and Materials Invoice SERVICE ORD/TICKET # ADDRESS 6 D CITY, STATEZ,�Wley BILLING TN (�� - 6'-> CUSTOMER NAME Circle One: H&PS B&GS Carrier FED SBS RG 25-0015 (7-94) INSTALLATION VISIT ❑ REPAIR VISIT REQUEST FOR CWD/SWO TECH' S NAME/OCB .' y RC GEO LOC TODAY'S DATE TOTAL LABOR HOURS MINUTES USOC MATERIALS ITEMIZATION DESCRIPTION COST QTY EACH LINE TOTALS NRAC/NRTCY/SCO Trip Charge Applies ❑ Yes No HRD11 Initial Increment Charged 30 Minutes)S HRDA1 Addition Increments Char ed 15 Minutes AKT Jacks AKT Wiring LTESX/LTECX Trouble Isolation Charge Applies ❑ Yes ❑ No MCE WA Trouble Isolation Charge/1st Increment 15 Minutes MNT WA Additional Increment 15 Minutes HRDJ1 Residence First Jack U HRDS 1 Additional Residence Jack �2 — Overtime or Other a! 1 ..,-r Total amount plus taxes will be billed on yo6r mondily statement. TOTAL COST This receipt for above work and materials will, Customer Representative Authorized Signature your warragty for �-Wrioq of 30 days. White - Customer fellow - Billing Center Pink - Technician Timesheet Minnegasco° Home Care Services SERVICE ORDER CUMNAME HOME PHONE NUMBER —r WORK PHONE NUMBER SERVIC7 ADDREUNIT SERVI N SERVICE TE ZIP CODE C19 ACCOUNT NUM ER C. .D. AMOUNT BILLING NAME PHONE NUMBER BILLING ADDRESS UNIT BILLING TOWN BILLING STATE ZIP CODE NATURE OF CUSTOMER REOUEST: WHAT DID YOU FIND? 4 L) ii J d C -T z Z-xiu f� � DESCRIPTION OF SERVICE: Service Order Number ET BT M Sc ime Sten Time Arrive Tim Complete Amount Dollars Cells Sbres Code alum o Truck Stock? Oty. Material Used Unit Price Dollars Cents Yes No Applmu" Make MPA Number PO. Number PART TOTAL PART SALES 1AX Model Number Meter Number PERMIT Serial Number Meter Reading EXCISE TAX LABOR TAX CU ER SIGNATURE X' j�. TOID4L FOR OFFICE USE ONLY ODORANT IS DETECTABLE O YES O NO 0 NOT APPUCABLE CO CHECK ❑ X -METER CHECK ❑ SUPERVISOR'S ATTENTION O ARPS ATTENTION ❑ OTHER ATTENTION 0 SUPPLEMENT ATTACHED ❑ Fo^n,MRI THANK Ynll FnR CAI I IN(; MINNF(IW4rn n InQ5 AAinnnnacpn 0 Z c 3 v m 3 9 r�_��11011 H�' illy �q W4 V2 A" d \I1)1u.sllike1u iIw 6881) Htisl Hit rf I?(I Pridit'y. .11.A' 5,4:1: . iti1-') 571.11431 May 5, 1997 Dear Mr. Miller, At our meeting on April 24, 1997 you asked for a copy of the list from the city of Fridley inspectors. I am forwarding it to you along with some of our thoughts and concerns from that meeting. The meeting on Thursday night (4-24-97) was very unprofessional. In your contract you, .. guarantee your work to be completed in a workmanlike manner for $91,600. The physical intimidation was unacceptable as well as very unprofessional. When you open a meeting with "This is going to be aggressive and then we will see where it goes..." assures that the meeting will not go well. When Ms. Melcher, Mr. Kelly, personnel from the Dept. of Transportation, Ms. Wentworth, and myself met to move this project forward, Ms. Melcher gave assurances that you could/would finish this job in three months. It has now been seven months. At a meeting you told us you would be done in 60 days, though not guaranteed, it indicated how badly you wanted to get started with this project. At that point we moved out quickly hoping we could return home for Christmas. Before I hired you, you said, "trust me it will he done right." In some instances it has been done right, but with considerable prodding from Curtis and myself. In other instances you have done things as expected. At this point we are frustrated; we expected to be home months ago. When we have asked you questions, often you tell us, "Quite honestly, I don't know." Because you did not have answers for us, I learned the codes and how to read blueprints. I'm sorry if you feel I now use that knowledge against you. I am trying to protect myself from future problems because, in our experience with you, some things have not been done according to code or specifications. You have ignored our suggestions on more then one occasion, which has cost both you and us. Curtis called you several times to get you to come take action on the shower drain before the concrete was poured. Even then there were problems due to carelessness either on your part or the part of people you hired which resulted in cement plugging our drain system. You have proposed ideas to save money. You ask me to cut quality at the expense of the children I care for. This may speak clearly about the quality of your work. Now you say we could move back in before the deck is completed and the sod is laid as the blueprint indicates. However my floors would be marred by grit on the feet of my little ones. I was led to helieve we would be able to use the back door when we moved home. It is likely that we will need the carpets cleaned because the workmen you hired did not cover the floors properly as they did repairs. This indicates clearly how you feel about us and our home. It is just a joh to you. You said it was hard to get landscapers because you felt it was your responsibility to tell them how unreasonable we are to work with. Such slander is most unprofessional! Did you also tell them how long we have been out of our home? Did you tell them how long you have extended this project? Did you tell them you have not always done the work according to code or the Z1I IrlUllll�''� III 6-11-97 Dear Friends in Child-care, Today I received notice from my licensor that Anoka County will not renew my Child -dare license at this address. My license will expire on June 30th. I am asking you to write to the General Contractor, Ronald Miller 953 Mississippi St. N.E. Fridley, MN 55432 and encourage him to complete this job so we can go back to our home and I can continue to care for your children. Mr. Miller assured me this project would be complete in a timely manner and that has not happened. We have been here for 9 months. This is unfair to the children as well as Curtis and I. This letter serves also to give all of you time to start looking for alternative care for your children. My last day will be June 30th unless or until I am back at 6880 E. River Road. I thank all of you for your patience through the winter and spring months. Sincerely, P. S. You can call Karen Evans, I know she has openings until school starts and as soon as I'm back home you could come back if you want to. Her number is 784 - 1572. I CURTIS & ANN PRIBULA 6880 E. RIVER RD. FRIDLEY, MN 55432 T. J. B. HOMES INC. 13455 HWY 65 NE HAM LAKE, MN 55304 BUILDER LIC. 1845 REMODELING DIVISION 780-2944 PROJECT REPAIR WORK CAUSED BY HOUSE MOVING REMODELING BID REHANG FRONT STORM DOOR APPEARS TO HAVE MOVED OUT OF ALIGNMENT WITH REINSTALATION OF RIM UNDER FRONT DOOR $75.00 REPAIR SHINGLE ABOVE BAY WINDOW $20.00 REPAIR LOOSE SIDING CAUSED BY TWIST IN HOUSE. REPAIRS TO BE MADE, NO GUARANTEE AS TO FUTURE SIDNG BECOMING LOOSE. $950.00 REPAIR SETTLING CRACKS IN UPSTAIRS BATH FLOOR AND WALL TILE $220.00 REPAIR SETTLING CRACKS AROUND WINDOWS AND DOORS IN BOTH FIRST AND SECOND FLOOR APPEAR TO BE CAUSED BY HOUSE SETTLING AND DRYING $175.00 REPAIR PEELING VARNISH ON WINDOW SILLS, SAND AND REFINSISH $150.00 PAINT HANDRAIL $45.00 REPLACE ALUMINUM TRIM NEAR LOWER DOOR ENTRANCE $50.00 BACKYARD DRAINAGE INADEQUIT, RETAINING ALL NEEDS TO RAISED, FILL BROUGHT IN AND NEW SOD. ( ALLOWANCE $1000.00) $1300.00 SIDEWALK DRAINAGE POOR WATER COLLECTING DUE TO LOW SIDEWALK $500.00 TOTAL COST OF REPAIRS THANK YOU FOR YOUR BUSINESS $3,485.00 Ron Miller Construction - Project Conclusion 10-16-97 Outstanding Costs — (updated 11-25-97) Telephone hook up $ 97.25 Lower exterior motion sensor and light $ 26.61 Handrail — labor, material & installation $ 357.93 not incl. paint/labor Air duct cleaning $ 79.85 Hardware for bathroom door. $ 15.93 Hardware for exterior entrance door. $ 47.89 Blueprint or Specs that were bid but not done nor reimbursed. -Bid clear cedar and used construction grade green treated. -Post support not used in West End of basement. -Exterior board on SW corner untreated. -4x4 posts replaced by 6x6 posts under deck. -A 4" bed of sand was to be put under the concrete floor. Not done nor reimbursed. This would have been about 13 yards of sand for a 26' X 40' area. _ $350.00 not including labor & general contractor's fee. -Sand was not removed in yard area as requested but was simply mixed in with black topsoil, which we purchased as underlayment for the sod we laid. Both contractor and subcontractor ignored this specific request; contractor saying that he informed subcontractors and subcontractors saying he had not informed them. Notes: Helped install wire in preparation for concrete floor — 3 hours of labor. Noting the lack of a shower drain hook up night before pour. — 1 '/Z hours The flowering crab trees have died. Careless handling by contractor. We did some of contractor's work by getting Minnegasco to move the gas meter (This, after contractor steadfastly refused to do anything, suggesting that homeowners do it themselves without authorization.) - We repeatedly did some of the general contracting, which was bid but released to us. -The promise to bring the house back to code was not done by contractor, but cost us extra. Also contractor delays kept us out of our home and business at extra cost. -Extra lawyer expenses because contractor resisted doing what was part of project. Things done by homeowner neither recognized nor compensated. -We dissembled and removed the furnace. -Helped remove water softener canisters. -We removed several (18-20) yards of dirt in preparation of the floor being poured. -Drew up plans for retaining walls and submitted to City Coordinator. -Replaced washout after rain due to contractor dismantling the retaining wall Costs which were purported to be under the heating/air/ venting bid of $2000.00: -Removal of ductwork as needed. -Removal of old furnace. -Reinstallation of old furnace and gas hook up for construction heating. -Purchase and installation of new furnace including all venting. -Supplying new ducts where needed. -Relocating the air conditioner to a new concrete pad. -Reconnecting air conditioner to working condition. As the project progressed it became more and more clear that Ron was no longer supportive but rather became antagonistic by: -Misspelling our names, -Resisting suggestions from us, at times his manner was abusive, -Giving conflicting instructions to subcontractors and us, -Taking short cuts against our expressed wishes, -Dragging out the project beyond reasonable delays, -Not providing adequate support for the half -completed deck throughout the winter, -Not tending to water problems while he was on vacation with his family leaving the project unattended, without talking to us about the risk to the deck. -Repeatedly refusing to live up to portions of the contract. OUR REMAINING CONCERNS Trim around front door not replaced properly. Shingle above bay window not patched as promised. Siding on West side is losing insulation. Open spaces between foundation and sill allowing bugs and spiders easy access. (This was repaired) Cracks in upstairs bathroom where floors meet the walls. Hairline cracks around windows. Nail pops e.g. basement bath.(painter remedied) Low block in retaining wall collects water, will freeze and heave the cement and retaining wall. Aluminum trim near lower entrance was scratched by contractor during installation. Classic Construction said they would re -seal the cement work before winter. Finale grade of yard does not accommodate the water runoff. rnUr mill i . m4 w4 A" d Alnuut like home (3880 Last Ricer Rd.. r ridleq. MN 55432 . (G 12) 571 -6433 December 6, 1997 Mr. Ronald Miller R. Miller Construction, Inc 953 Missippi Street N.E. Fridley, MN 55432 Dear Mr. Miller, We have received your request for final payment dated November 12, 1997. In receiving your final bill request we can now address our issues with you. We thank you for the reminder dated December 2, 1997. First let us assure you that Curtis and I intend to pay you in full when you complete the project you started October, 1996. In the past you were paid promptly. The only time there was an issue was when we required a list of vendors as a condition of getting your next payment. When you came with that list you were paid. Please finish your work in a professional way and we will pay you. You stated your final statement was difficult to prepare because we did not furnish you with our paper work at our meeting on 10-16-97. We had repeatedly requested you bring information prior to that meeting. Because you chose to withhold our requested information we were unable to complete our paper work. We did withhold a project conclusion report, which we have since updated and enclosed. We heard you say you feel you have no more responsibilities to us; we do not agree. It is hard to know if you will be tending to our remaining concerns. If not, tell us which ones specifically and why you feel you are not responsible in writing as we have requested in the past. You have never given us clear written reasons why you have refused to complete work which you bid and assured us would be done in the moving of our home. When you wanted this project, you said my home would be better than it was. In some areas it is but our list of remaining concerns reflect areas where our home is not in as good shape as it was when you started. When the walls cracked and we began to have problems, you told us you hadn't wanted this project but Ms. Melcher talked you into doing it for us. You had your insurance adjuster out to review these problems. You never responded with your adjusters' thoughts nor have they contacted us about our concerns. R. Miller Const., Inc Page 2 You have asked for our outstanding bills yet you have not provided us with: 1. A final complete list of actual vendors used on which particular jobs. 2. Lien waivers are a requirement of final payment. You stated if we pay you within 120 days you will give us lien waivers; if we don't, you will not supply them. It is our belief, because of our experience with you, that once you're paid we will have no leverage to get you to do what you promised. Your continued reluctance and dragging out of a two- month project for over a year does not leave us confident that you will honor your contract. 3. We are still requesting warranty statements from your sub -contractors. Since we have not received warranties from your sub -contractors via you this suggests that your sub -contractors may not have guaranteed their work. Aware of what the state statue says, we want to know exactly what your warranty covers and for how long. November 11, 1997 was your last working day here for warranty purposes. That is the day your painter finished painting the lower bathroom, thirteen months and two weeks after starting this project. The day you told us to get a fixture for the door, you did not specify how much we were to spend nor is an amount specified on the blueprint or your spec booklet. However we do remember you did ask if it was okay for you to install the fixture rather than call your electrician back out to do it. In your change orders you have billed us or bolting the porch to the house. We did not tell you to bolt the porch to the house. You were to restore it as it was. When your mover, moved the house he did not put the porch back against the house. This is not our cost. That was the mover's responsibility. On the Blue Print it clearly states, "Building mover shall be responsible for repairing any damage to existing building as a result of the move. This includes, but is not limited to any cracks in walls, floors and ceilings and window breakage." That porch was part of our home before you started this project. In regards to Mark Daly's conversation with you: Our retaining wall, sidewalk, and steps to the lower level were completed before Classic Construction did the final grade. At that time you assured us the retaining wall didn't need to he any higher and that your sub- contractor would provide a suitable grade for adequate drainage of the yard. You and Curtis talked extensively about this because of the steps going down to the walkout. The final grading is your responsibility. We requested that you remove the sand as stated in the contract, "Fill will be... Balanced / Trucked in / Trucked out." This your sub- contractor did not do. In the letter from Ms. Melcher, June 16, 1997 you were also asked to remove the sand. We requested in writing that the sand in the front yard be removed before spreading the black dirt for sod. Instead your sub -contractor simply mixed them together wasting our black dirt which we paid for to insure a good base for sod. We feel you should pay for the dirt we had R. Miller Const., Inc Page 3 purchased ourselves and we will not pay for the spreading of the black dirt. We have talked about our siding on many occasions. You had your insurance adjuster out. Photos prior to start of project show no loose siding. You walked around the house many times as you were deciding to do this job you even took photos. If there had been loose siding you would have had photos of that and noted it to us. As we stated often during the project, "Do the work right and there will be no problem." This you have failed to do. The consequence of that is we will not pay you till you complete the job. When you finish we will pay you. We fail to understand how you could put a lien against our property back dated to August 24, 1997. This backdating of a lien against our home was intimidating and speaks of how little trust remains in this relationship. In September we approached you for a final walk through and you said you did not have your paper work ready for a final walk through and billing. How could we pay a bill you had not submitted at that point? How can you charge interest from that point? You continued to work on site until November 11 and did not furnish a bill until November 1?. Having received a final bill from you we are now sending you copies of the hills we paid. We are sending you things we noted as this project moved along. Enclosed you will find a copy of your Final Construction Statement. We are unwilling to sign this statement because we do not agree with you in several areas. We also need paperwork for the tree removal and relocation since you have claimed them as "allowance" items after you told us you would have to "eat the cost" because you forgot to bid them. In trying to be fair we have given a list of our concerns about our home to another contractor for a bid because we did not know the cost of completing your work. We are enclosing this bid so there is a basis for withholding payment. We understand this work will not be done until your warranty has expired. If you continue to refuse to do warranty work the bid may increase if more damage occurs because of warranty work failed to be completed by you. We are extremely reluctant to repair anything on this list because as you told us several times if we do anything you will no longer be responsible. Whatever we repair voids the warranty. We know the house was twisted and stressed by the move so evident in the cracks, bulging walls, bathroom floor cracking, and continued stressing around the windows. This suggests that there will he further repairs needed. As you have been hostile and reluctant to complete the project, our only recourse is to withhold payment until you do what your contract says. We are willing to give you until May 15, 1998 to finish your work because of the yard work. We are not willing to pay interest on bills for work not completed. R. Miller Const., Inc. Page 4 At this point we are unwilling to pay you for: tree removal $850.00 You did not inform us of this bill before I signed the 10-15-96 construction statement. I signed with the understanding you had failed to bid the tree removal so you were going to have to, "eat the cost" if we didn't split the soil correction monies with you and not inform the county of the extra money. You said, "I've taken care of it." relocate trees 25.00 no bill received and they died. If you had moved them like we asked they might still be alive. Will pay when we receive proper paperwork. bolt porch 130.50 included in bid for relocating the home spread black dirt 60.00 sand was not removed first as specifically requested Total: $1065.50 You credited us these amounts: Exterior handrail $200.00 Lock sets Phone hook up Duct cleaning Exterior light 45.00 125.00 100.00 fixture 9.00 We actually spent with receipts and reason: $357.93 This was a code requirement. You were aware it was also a business issue needing immediate attention. You didn't bring us a bid. A month after moving home I was issued a correction order from Child-care licensing. You said it would take you six weeks. We did your work so we could comply with Rule II. 63.82 Tax included 86.27 MN tax included 79.85 2.6.61 tax included as stated earlier no light fixture allowance was quoted until 10-16-97. Totals: 479.00 614.48 Difference owed to Anna and Curtis pribula $135.48 It feels like we did an inordinate amount of the work in order to move the project forward. We have not billed you for time or mileage to take care of these things for you. A general contractor gets paid via his bid for his time and expertise. We have not billed you for the added stress of living out of our home six months longer then promised. We have not billed you for the stress produced by nearly loosing my child-care license because of your delays. The temporary housing we were living in could not be re -licensed and the pain of telling my children I couldn't care for them was caused by your lack of moving this project along. You may want to refer to the May 5, 1997 letter addressing the stress you have introduced into our lives. R. Miller Const., Inc. Page 5 We realized how little concern you had for us when you suggested we move the gas meter using your tools. That could have endangered our home not to mention our lives and putting the children we care for in jeopardy. You never credit nor even mention what we did to move the project along, sometimes at great expense to our health, business, and often introduced unneeded stress into our marriage. We have spoken to several engineers and contractors to find out what is standard procedure when we have to withhold monies to complete a project and do repair work. We heard we should withhold 12 the amount of the bid. We are doing that. If other contractors are hired to complete this job does it void your warranty? They will not guarantee the rest of your work. T.J.B. said there may be more cracks by the time they would do this work resulting, from settling and the drying out of our home. There was an excessive amount of moisture from the cement pour pumped into a cold house last January. He also said more siding could come loose in the wind because of the one that is so loose now. So while this is a bid the actual cost a year from now could be substantially higher. We feel based on our experience with you we need to add a minimum of $1000.00 in the event you do not fulfill your obligations to us and more damage occurs. This does not account for the extra One Hundred Eighty dollars($180.00) we paid under duress to have the gas line brought up to code. Our adjustment to your 11-12-97 final payment request: You requested $7,000.50 Our documented costs: 135.48 1,065.50 T.J.B. bid X # 5,227.50 Our anticipated increase in repair cost 1,000.00+ So we will withhold the entire remaining payment until we reach a workable understanding with you, our requests are answered, and the lien is removed. Then Mr. Miller we have every intention of paying you. Sincerely, AnnA A. & C rtis A. Pribula cc Rebecca Frederick, Attorney at Law Michael Kelly, Chief Right of Way Agent, Anoka County Highway Department Michelle Maiers-Atakpu, Morrison/Walijarvi Architects, Inc. Richard L. Muske, Attorney at Law Barry Riesch/Ron Julkowski, City of Fridley Building Inspectors Robb A. Urquhart, Metro Division State Aid construction Engineer R. Miller Construction, Inc. 953 Mississippi Street Fridley, Minnesota 55432 November 18 1997 Anna A. Pribula f/k/a Anna A. Wilchern and Curtis Pribula 6880 East River Road Fridley, MN 55432 Dear Anna A. Pribula f/k/a Anna A. Wilchern and Curtis Pribula: Enclosed and served herewith by Certified Mail, please find a copy of a Mechanic's Lien Statement. According to state statute, a copy of the Mechanic's Lien Statement must be mailed by certified mail to owners of the property. The original Mechanic's Lien Statement has been forwarded to the county identified in the Statement for filing. Generally speaking, the Mechanic's Lien Statement is standard procedure to secure a subcontractors rights in your property until they have been paid and should not be viewed as a negative reflection on your general contractor. Sincerely Yours, R. Miller Construction, Inc. By: Lies. ces f Minnesota C Enclosure ML 1339-9704369 COPYI MECHANIC'S LIEN STATEMENT by Corporation Pursuant to Minn. Stat. See. 514.08, Subd. 2. The undersigned hereby gives notice to the public and states as follows: 1. I am acting at the instance of the lien claimant, R. Miller Construction, Inc., a corporation under the laws of the State of Minnesota, (License 6354) as its agent. 2. The lien claimant hereby gives notice of intention to claim and hold a lien upon the land lying in the County of Anoka, State of Minnesota, described as follows: Lot 9, Block 2, Sandhurst Addition (commonly known as 6880 East River Road, Fridley, Minnesota) 3. The name and mailing address (and license number, if applicable) of the lien claimant is: R. Miller Construction, Inc., (License 6354) with its address at 953 Mississippi Street, Fridley, Minnesota. 4. The amount of the lien claimed is Seven Thousand and 50/100s Dollars ($7,000.50) with interest thereon from the 24th day of August, 1997, and is due and owing to the lien claimant for labor performed or skill, material or machinery furnished to the land. 5. The lien claimant did or supplied the following in conjunction with improvements to an existing structure on the property: General Contracting/Carpentry Material and Labor 6. The lien claimant's contribution to the improvement was performed or furnished from the 7th day of October, 1996 to the 25th day of July, 1997, for or to the following person(s): Anna A. & Curtis Pribula 7. That the name(s) of the present owner(s) of the land according to the best information lien claimant now has or is able to ascertain, is/are: Anna A. Pribula f/k/a Anna A. Wilchern and Curtis Pribula 8. The lien claimant acknowledges that a copy of this statement must be served personally or by certified mail on the owner, the authorized agent of the owner or the person who entered into the contract with the lien claimant within 120 days of doing the last work or furnishing the last item of such skill, material or machinery. 9. Notice as required by Minnesota Statutes Section 514.011, subdivision 2, if any, was given. Dated this e`2 day of ✓✓ e- 199/,- R. 99 R. Miller Const on, Inc. By. Thomas E. Lundy Agent Check here if part or all of the land is Registered (Torrens) ❑ Document Prepared by Lien services of Minnesota, LLC ML: 1339-9704369 STATE OF MINNESOTAMECHANIC'S LIEN STATEMENT — by CORPORATION I COUNTY OF HENNEPIN Thomas E. Lundy being duly sworn, on oath, says, that he is the agent of R. Miller Construction, Inc., the claimant in the within statements, that he has knowledge of the facts stated in said statement by reason of the following facts, to wit: information furnished by the claimant; that he makes said statement at the instance of said co ration claiming said lien; and that the statement is true of his own knowledge. ......................., .E-..................................................................... v NOTORIAL STAMP OR SEAL OR OTHER TITLE OR RANK Thomas E. Lundy rn• -IGl .-,�. LORI SHERRETT NOTARY Pusuc MINNESOTA Subscribed and sworn to before me this /� day MY COMMISSION EXPIRES JANUARY 31, 2000 of 19 ................................................................................... .. NOTARY PUBLIC This instrument was drafted by ► Lien Services of Minnesota, LLC; 275 Market Street, Suite 564; Minneapolis, Minnesota 55405 (612) 673-9445 AFFIDAVIT OF SERVICE BY CERTIFIED MAIL STATE OF MINNESOTA 1 COUNTY OF HENNEPIN f Thomas E. Lundy of the City of Minneapolis, County of Hennepin, State of Minnesota, being duly sworn, says that on the 18th day of November, 1997, he served the foregoing Mechanic's Lien Statement upon Anna A. Pribula f/k/a Anna A. Wilchern and Curtis Pribula (the owner(s) therein named) by mailing to said Anna A. Pribula f/k/a Anna A. Wilchern and Curtis Pribula a copy thereof by certified mail, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Minneapolis, Minnesota, directed to said Anna A. Pribula f/k/a Anna A. Wilchern urtis Pribula, at 6880 East River Road, Fridley, Minnesota 55432, the last known address of said Anna A. Pribu a Anna A. Wilchern and Curtis Pribula. / NOTORIALSTAMP OR SEAL OR OTHER TITLE OR RANK Thomas E. Lundy LORI SHERRETT Subscribed and sworn to before me this / day NOTARY PUSUC - M,INNESOTA MY COMMISSION EXPIRES of JANUARY 31, 2000 ' .................................................................................................: NOTARY PUBLIC AFFIDAVIT OF SERVICE BY CERTIFIED MAIL STATE OF MINNESOTA COUNTY OF HENNEPIN .................................................................................................................... NOTORIAL STAMP OR SEAL OR OTHER TITLE OR RANK For Property in the State of Minnesota, County of Anoka Thomas E. Lundy Subscribed and sworn to before me this of 19 day NOTARY PUBLIC I I - 13-39-9704369 R. MILLER CONSTRUCTION, INC. 953 MISSISSIPPI STREET NE. FRIDLEY, MN. 55432 612-571-3514 Lic. #6354 December 2, 1997 Attn: Curtis and Anna Pribula 6880 East River Rd. Fridley, Mn. 55432 Phone: 571-6433 Re: Final payment Demand Dear Curtis and Anna, Demand is made herein for the full and immediate payment of the amount of $7,000.50 balance due and owing on the contract entered into for the relocation of your residence. Payment must be remitted to the above address, made payable to R. Miller Construction, Inc. Be advised, if FULL payment is not made within the next ten (10) days, R. Miller Construction, Inc. will immediately seek to foreclose the mechanic's lien on the property (commence litigation) pursuant to state lien laws and our contract. R. Miller Construction, Inc. may also seek to recover attorneys' fees, court costs and other collection expenses. Thank You, L=61Ay&& Ronald Miller' fts President cc Richard L. Muske, Attorney at Law iaiil= ' 1 II'lllllll�' illll � � i� Almost like home 6880 Fast River Rd., Fridley, MN 55432 . (612)571-6433 December 7, 1997 Barry Riesch/Ron Julkowski Building Inspectors Fridley Municipal Center 6431 University Ave. N.E. Fridley, MN 55432 Dear Barry and Ron, Now that the project of moving our home is drawing to a conclusion we want to thank you for giving so much information to us about building codes and doing your inspections so promptly. We also want to share some concerns about our general contractor because you may not be aware of some details. The enclosed correspondance may give some understanding about the project's progress and conclusion. Again we thank you for your help and professional manner you brought to your work with us. Sincerely Anna A. and Curtis A. Pribula R. MILLER CONSTRUCTION, INC. 953 MISSISSIPPI STREET NE. FRIDLEY, MN. 55432 612-571-3514 Lic. #6354 November 12, 1997 Attn: Curtis and Anna Pribula 6880 East River Rd. Fridley, Mn. 55432 Phone: 571-6433 RE, F nal b-3.1.1_ing for contract dated 10-3-96 Dear Curtis and Anna, I have reviewed your list of concerns (attached). We have discussed all of the issues listed. As I have told you I do not feel that the balance of items listed are part of my contract. I am requesting final payment. I have attached a final statement. The attached final statement has been difficult to prepare because for months I have asked you for a written list and receipts for your expected deductions, but you have refused to provide me with any written list, amounts or receipts. In our meeting on 10-16-97 I asked you again what items you expected to be credited for. You would not give me any dollar amounts, but you did say that you were expecting credit for... - Locksets. - A motion detector light fixture (I agreed to a credit for a light fixture, but not a motion detector light fixture). - Class 5 in the driveway. - A bill from the phone company. - Duct cleaning as per our earlier agreement. The two of you have in the past stated that before final payment you would require... 1) Updates to the vendor list previously provided. My response... D. Kent Landscaping 571-6889 Shades of green Landscaping 427-3710 2) All lien waivers. My response... All lien waivers will be provided at final payment, assuming that final payment is received within 120 days of the last day of work. If final payment is not received within 120 days of the last day of work, no lien waivers will be given. 3) Warranties. My response... Warranties if any, are provided by state statute. 4) Receipts or bills for allowance items that you had not previously agreed to. Also the bill from Classic Construction for spreading your black dirt. My response... They are attached. Items attached to this letter... 1) Your list of concerns 2) Final statement 3) Letter from R. Miller construction, Inc. to Mark Daly 4) Proposal from D. Kent Landscaping 5) Statement from Classic Construction Thank You, Ronald Miller, its President OUR REMAINING CONCERNS Trim around front door not replaced properly. ,/Shingle above bay window not patched as promised. W)- , vSiding on West Side is losing insulation. C',,4, g Vbpen spaces between foundation and sill allowing bugs and spiders easy t/ access. Cracks in upstairs bathroom where floor meets walls. ` Cracks around windows. 'Nail pops e.g. basement bath. ✓Low block in retaining wall collects water, will freeze and heave the cement and retaining wall. VAluminum trim near lower entrance was scratched by contractor during installation. 'Classic Construction said they would re -seal the cement work before winter. RL -y 71f-3s,;w /u- 36- F 7 FINAL Construction statement From:R Miller Construction, Inc. (G.C.) To: Curtis & Anna Pribula (Buyer) 953 Mississippi St. 6880 East River Road Fridley, Minn 55432 Fridley, Mn. 55432 571-3514 571-6433 Job: Same Nwe This FINAL statement is a extension of our Agreement dated 10-03-96 Written documentation for verbal agreements... #1 Tree removal is part of the landscape allowance. #2 The exterior door is a S00. #3 Any room that needs patching because of the house move will be painted #4 The deduct for C.O. #3 ($975.00) will be deducted from the window payment of $2,800.00 making it $1,825.00 #5 The shower door is to be chrome with obscure glass #6 The heating is to be done by the Home Owner. #7 Regarding existing wall repair: In the dining rm 8 living rm Curtis will remove and replace all moldings. Ron will rock walls with 318" rock, tape 8 sand. The balance of the walls will be patched. The cost will be $900.00 #8 Under amount paid to G.C. on Contract above the $4,750.00 paid from G.C. to Buyer is for credits due for allowances and charge orders. The $975.00 from Pribula to G.C. is for a accounting error in the $4,750.00 regarding C.O. #3. #9 !n lieu of interior draintile the Builder will install exterior draintile as follows... North side: 17', west: total, South: 15' The exterior draintile will be inspected by a city inspector. There will be no adjustment to the contract price. Includes daylight to North property Line. #10 When the backhoe is on site it will relocate two trees to a place in the front yard marked by the owner. #11 The two trees referred to in c.o. #10 will be moved by a spade. The expence for the the move will be paid by the G C. #12 Deck joist 8 decking is to remain treated & the handrail spindles will be 2x2 cedar at no change to the contract price. #13 G.0 will split the cost of duct cleaning with the Buyer up to $200.00 ( up to $100.00 to G.C.). Ronald Mdler its President Date Signature Date Description Contract amount ...... 91,600.00 Allowance adjustment....................................................... I .......... (7,786.00) Change order adjustment .... ............. ..................._.............,................ .......... (763.50) -------------------------------------- Adjustedcontract amount ................................................................................ 83,050.50 Amount paid to G.C. on Contract Draw #1 5,000.00 Draw #2 20,000.00 Draw #3 20,000.00 Draw $4 1,825.00 Draw $5 20,000.00 Draw $6 13,000.00 Miller to Pribula (4,750.00) Pribula to Miller 97500 ------------------------------------------ 76,050.00 76,050.00 -------------------------------------- Balance on Contract ........... ................... $7,000.50 e.ea..eeaee�saas�c�emas Allowances (amt. used to date) Amount in bid Amount used Adjustment Cabinetry 250.00 0.00 (250.00) Existing wali repair 900.00 900.00 0.00 Maintance free exterior 2,500.00 2,500.00 0.00 Landscape 4,750.00 1,375.00 (3,375.00) tree removal $850.00 relocate apple trees $25.00 Kent Landscaping (retaining wall) $500.00 Soil corrections 2,000.00 200.00 (1,800.00) Water softener 650.00 0.00 (650.00) Shower door 350.00 27900 (71.00) H V.A.C. 2,000.00 360.00 (1,640.00) Concrete exterior $2.00 SQ' 0.00 0 00 ------------------------------------- Allowance adjustment total................................................................................ ----------------------- ($7,786.00) ----------------------- Change orders (C.O.) #1 Concrete for shed................................................................... 125.00 #2 Upgrade to a 200 Amp. panelI I ..........................................................1 325.00 #3 The replacement of the two windows (Main FI.)& associated work will be done by others (975.00) #4 Wire mesh in basement concrete................................................................................ 105.00 #5 Move outside water faucet................................................................................ 75.00 #6 Credit for main level toilet................................................................................ (65.00) #7 Bolt south side of porch to house. 4.5 hrs @Z $29 00 ...................................................... 130.50 48 Credit for fire alarm per agreement dated 6-23-97 ...................................................... (25.00) #9 St Marie Sheet Metal Proposal dated 6-23-97 1" ball valve 60.00 #10 St Marie Sheet Metal Proposal dated 6-23-97 1/2' copper gas line 75.00 #11 St. Marie Sheet Metal Proposal dated 6-23-97: Removal of const furnace, gas line&vent 25.00 #12 St. Marie Sheet Metal Proposal dated 6-23-97: Seal bottom of chimney 2500 #13 Spread black dirt ........................... ..................................................... 60.00 #14 Exterior handrail................................................................................ (200.00) #15 Locksets (Estimated) .......................... ..................................................... 1 (45.00) #16 Phone hook up (Estimated)................................................................................ (125.00) #17 Duct cleaning per change order # 13 below (Estimated...................................................... (100.00) #18 Exterior light fixture .......................... _..................................................... (9.00) #19 Gravel for parking area................................................................................ (225.00) -------------------------------------- Change order total.........................._................................................... ----------------------- ----------------------- ($763.50) Written documentation for verbal agreements... #1 Tree removal is part of the landscape allowance. #2 The exterior door is a S00. #3 Any room that needs patching because of the house move will be painted #4 The deduct for C.O. #3 ($975.00) will be deducted from the window payment of $2,800.00 making it $1,825.00 #5 The shower door is to be chrome with obscure glass #6 The heating is to be done by the Home Owner. #7 Regarding existing wall repair: In the dining rm 8 living rm Curtis will remove and replace all moldings. Ron will rock walls with 318" rock, tape 8 sand. The balance of the walls will be patched. The cost will be $900.00 #8 Under amount paid to G.C. on Contract above the $4,750.00 paid from G.C. to Buyer is for credits due for allowances and charge orders. The $975.00 from Pribula to G.C. is for a accounting error in the $4,750.00 regarding C.O. #3. #9 !n lieu of interior draintile the Builder will install exterior draintile as follows... North side: 17', west: total, South: 15' The exterior draintile will be inspected by a city inspector. There will be no adjustment to the contract price. Includes daylight to North property Line. #10 When the backhoe is on site it will relocate two trees to a place in the front yard marked by the owner. #11 The two trees referred to in c.o. #10 will be moved by a spade. The expence for the the move will be paid by the G C. #12 Deck joist 8 decking is to remain treated & the handrail spindles will be 2x2 cedar at no change to the contract price. #13 G.0 will split the cost of duct cleaning with the Buyer up to $200.00 ( up to $100.00 to G.C.). Ronald Mdler its President Date Signature Date 11/06/97 09:57 FAX 612 754 3532 AKOKA CO HWY DPT NOV- 6-97 THU 8:12 AM P, MILLER CONSTRUCTION RAS: NO. 6125713514 R. Miller Construction, Inc. 953 MISSISSIPPI STREET HE. FRIDLEY, MN. 55432 612-571-3514 Lic. #6354 November 4, 1997 Attn: Mark Daly Anoka County Hwy, Department 1440 Bunker Lake Blvd. N.W. Andover, Mn. 55304 Phone: 754-3520 Fax: 754-3532 RE: Drainage at 6880 E. River Rd. Fridley, Mn. Dear Mark, This letter is to provide written documentation for our recent conversations. ]Vjuui P. I/ I On or about October 31, 1997 1 called you to discuss the drainage problem at the above mentioned address. The things that you told me were as follows... You have visited the Site. You saw that the drainage area to the South of the building was scoured. You told me that during the summer of 1997 we experienced some very severe rainfalls. These rainfalls were much greater than what normal highway design will support. - You stated it is your opinion that the reason for the scouring is because of inadequate drainage at the South side of the South retaining wall. Your suggestions for correcting this problem are as follows... 1)Drain tile could be installed at the South property line. 2)Raise the existing retaining wall and add fill next to the retaining wall in order to create a swale approximately two feet away from the retaining wall. You caution against this because you are unsure if the retaining wall was designed for the proper height. 3)Install a draintile system at either the top or bottom of the existing retaining wall. This draintile system should daylight into the back yard at the low end of the said wall. 4)Cut a Swale into the existing grade two feet away from the retaining wall. .� haW..elL Ronald Miller, its President I ar �th ove. /► Mark aly Page No. of Pages w A A A AIts tl tt1 D. KENT LANDSCAPING f KUrUbAL ANU ACCEPTANCE 6440 Baker Avenue Northeast e Fridley, Minnesota 55432 a 1-800-453-9856 a 612-571-6889 PROPOSAL SUBMITTED PHONE-) -7/`} �C EDATE S��—STREET JOB NAME ClJf CITY, STATE AND ZIP CODE!! r / � 1 d f rN ARCHITECT DATE OF PLANS JOB LOCATION C / JOB PHONE We hereby submit specifications and estimjotes for. /- ' q Ir ., We Propose hereby to furnish material and labor — complete in accordance with above specifications. for the sum of Soo -o >. dollars cs Soo-od Payment to be made as fo lows. All material is guaranteed to be as specified. All work to be completed in a workman• like monner according to standard practices. Any alteration or deviation from above Authorized spec) canons involving extra costs will be executed only upon written orders. and Signature wilt become an extra charge over and above the estimate. ole: This proposal may be ...its..lr�,.,n by us if not occeoted within Boys. Acceptance of Proposal .The above prices, specifications and conditions are satisfactory and are hereby accepted. You are outhorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance I CLASSIC . �P3a CONCRETE & MASONRY WORK • COMMERCIAL & RESIDENTIAL 18542 ULYSSES ST. N.E. EAST BETHEL MN. 55011 (612) 434-8870 Fax. (612) 434-7120 STATEMENT FR. Miller Construction Job Address: 6880 E River Road I Fridley, Mn L___ DATE DESCRIPTION CHARGES 7/10/97 Work Completed Per bid less Post footings not done, Front Step & Concrete Steps in new walk- out entrance. $1829.00 Sidewalk 752.00 Patio 1318.00 Spread & Grade black dirt. 60.00 Total Amount Due $3959.00 Thanks, Curt rAT LA,{ AMOUNT IN BALANCE COLUMN I