Esch to Patrick/Request for Municipal Sewer ServiceThomas J. Esch
Attorney at Law
Four Meridian Court
Kalispell, MT 59901
April 13, 2007
Jim Patrick
Kalispell City Manager
P.O. Box 1997
Kalispell, MT 59901
Re: Cottonwood Estates
Dear Jim:
Ph: 406 257-1957
Fax: 406 756-9554
At the direction of the City Attorney, this is a written request for permission
to receive municipal sewer service for Cottonwood Estates. This request has
been made before on May 20, 2004 and November 21, 2005 as the enclosed
letters show.
Also enclosed please find:
1. A written agreement to construct the sewer infrastructure in
compliance with City and Evergreen standards with
necessary stub -out facilities to meet future connection
requirements;
2. A waiver of protest of annexation for Cottonwood Estates.
My clients are anxious to meet with the Kalispell City Site Review
Committee and work towards the developer's agreement. Please let us know
when that meeting can take place.
Again we assert that Condition 5 of the Resolution 5104 has been met in that
Evergreen's Resolution 2503-3 commits to the conveyance of ownership of
the lines in the event that the City extends sewer lines to the subdivision.
Although we support the proposed interlocal agreement with Evergreen and
have communicated that support to Evergreen, the existing interlocal
agreement and resolutions have satisfied the conditions precedent and no
further agreement between the governments is necessary for this project to
progress.
We look forward to working with you and your staff to advance this project.
Sincerely,
t
r
Tom Esch
Enc.
cc: Cottonwood Estates
Certificate of Agreement to Comply
Comes now Cottonwood Estates, LLC through the below duly
authorized member of the Limited Liability Corporation, and
hereby certifies that it agrees to construct the sewer infrastructure
in compliance with the City of Kalispell and Evergreen Sewer
District standards and with all necessary stub -out facilities to meet
future sewer connection requirements.
Dated this
250 Second Street East
Whitefish, MT 59937
(406) 253-1225
of April, 2007.