The city of Albert Lea will be going to court to compel Darv Habben, developer of the Habben Industrial Park, to comply with a previous agreement.

Wednesday, February 13, 2002

The city of Albert Lea will be going to court to compel Darv Habben, developer of the Habben Industrial Park, to comply with a previous agreement. Habben refuses to transfer property to city ownership, say city officials.

At Monday night’s meeting the city council authorized the city attorney to initiate legal action against Habben. The city claims that Habben has reneged on a signed deal that was negotiated last Sept. 24, to end the previous round of litigation between the city and the developer.

&uot;Basically we’ve agreed to do what we agreed to do. Now it seems he wants to reopen the agreement,&uot; said Paul Sparks, city manager. The city has no choice but to go to court to enforce the agreement, he said. They are not making progress with enforcement of the September settlement.

Habben had originally sued the city in May of 2001 over an agreement with the city over an industrial park, which is now the city’s preferred Farmland site. Habben had claimed the city refused to compensate him as agreed for portions of utility and road work.

The suit was settled as the result of mediation efforts on Sept. 24, when the city agreed to assume responsibilities for improvements on the 33-acre site. The city also took out an option to purchase an additional 12.5 acres in case it might also be needed. The deal allowed the city to put together its offer for Farmland’s return to Albert Lea after the plant was destroyed by fire July 8. This is the deal that city officials say that Habben is now trying to back out of.

The city needs that land to make the site viable for Farmland, and city officials claim that a facility like Farmland is in that location will benefit other commercial property owners in the area, including Habben. If the Habben land is no longer available, the city might have to start looking for another location, said Sparks. But that option isn’t being explored yet.

Habben, for his part, said he doesn’t want to interfere with the Farmland deal.

&uot;I don’t want to stand in the way of Farmland,&uot; he said.

According to information Habben has received from the city, he has until 4 p.m. today to respond to the city’s action. And he plans on responding in a positive way.

But he’s not happy about the way he’s been treated by city officials.

&uot;You’ve talked to Mr. Sparks and part of what he is saying is true and part is not true,&uot; Habben said. He said he plans on presenting his side of the story as soon as he takes care of some out-of-town business and prepares his response to the city’s suit.