Davis, S/RE: Record request for Teresa White, Kalispell City ClerkAgain thank you Theresa,
But The City Attorneys answer didn't tell me why any such lease
agreements are not cleared through the City Counsel or the Mayor for
inspection. We are talking a 20 year monetary agreement that effects
every resident in this city and the city Government on a very large
piece of city property. I would like the answer to this. The city
attorney needs to explain why MCA 7-8-4201 was not followed and WHY?
Also, I only see that Red Eagle has only purchased one of the (5)
five Insurance in Article VII. The PDF you sent only shows Passenger
Liability Insurance, and I didn't see the Lessor as an additional
insured. Are there more coming? And it didn't fully answer question #5 (
where's the payment records of Article V 1., 2, and B. 1. or question
#6 ( where are the Condition Use Permits and the whole list of
construction projects, alterations, and additions by both parties) ?.
Please tell them to be forthcoming with all the requested information.
We need to have full transparency, unless someone is trying to hide
something.
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
________________________________
From: twhite@kalispell.com
To: maxwellsnortsnort@hotmail.com
Date: Fri, 22 Jan 2010 13:57:38 -0800
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Attached is the information you requested on questions 4-6. Below is the
city attorney’s answer to question 2.
2. Generally the laws that apply to municipal leases are the same as
apply to private real estate leases. Municipalities do have some
specific requirements regarding property acquired through trust
agreements. Municipalities may take and give assignment of leases. The
process for this is generally the same as it is between private parties.
Theresa White
City Clerk
201 First Avenue East
P.O. Box 1997
Kalispell, MT 59901
phone: (406) 758-7756
fax: (406) 758-7754
www.kalispell.com <http://www.kalispell.com/>
Messages and attachments sent to or from this e-mail account pertaining
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________________________________
From: Scott Scott [mailto:maxwellsnortsnort@hotmail.com]
Sent: Thursday, January 21, 2010 4:33 PM
To: Theresa White
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Theresa,
Forget the request for viewing any other leases. I would like to
request the minutes of the city counsel meeting to adopt the lease
agreement of Red Eagle and who was in attendance. Who wrote up that
agreement?
Concerning question and answer of #3 Mr. Hoerner is no longer the owner
of Red Eagle, so is the city saying Mr. Peirce assumed the lease with
the city with out acknowledgement or agreement to the terms? Or as with
normal leases, Mr. Peirce is now on a month to month lease agreement
because he is the new tenet and not the original tenet, until he signs a
agreement that's ok with the Counsel?
What's protecting the city of kalispell of someone buying a business on
city leased property and not getting the approval of the council? Let me
know when the other information is available. Thanks again Theresa.
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
________________________________
From: twhite@kalispell.com
To: maxwellsnortsnort@hotmail.com
Date: Thu, 21 Jan 2010 13:23:50 -0800
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Scott:
I have some questions about your request:
#1: There are quite a few leases. Can you be more specific of which
leases you are looking for? (Golf, Conrad, Hockaday, Chamber, etc)
#2: This question has been forwarded to the city attorney.
#3: Lease agreements are not amended, they expire and then a new one is
signed.
#4 - #6: These requests have been forwarded to the airport manager.
Theresa White
City Clerk
201 First Avenue East
P.O. Box 1997
Kalispell, MT 59901
phone: (406) 758-7756
fax: (406) 758-7754
www.kalispell.com <http://www.kalispell.com/>
________________________________
From: Scott Scott [mailto:maxwellsnortsnort@hotmail.com]
Sent: Thursday, January 21, 2010 12:04 AM
To: Theresa White
Subject: Record request for Teresa White, Kalispell City Clerk
Hi Teresa'
I've been elected to request some documentation and public
information for examination from the City. I'll be at your convenience
this Friday 01-22-10 or Monday 01-25-10 just call 406-212-8439, Scott
Davis.
1. I would like to see the lease agreement of Buffalo Hills Golf course,
and any others in the City of Kalispell, this is just in house
inspection no copies requested at this time.
2. And is there a City/State law, rule and regulation on adopting or
assuming a lease agreement of city property and what procedures are
there to obtain one.
3. And are there any amended lease agreements with any lessee of any
city property.
4. And I would like to see if the lessee of Red Eagle Aviation has the
five required insurance policies per lease agreement and if they are up
to date.
5. And inspection of ARTICLE V, of the Red Eagle lease agreement of the
past three year Payment record of A. Rent and Fees 1.2.3.4.. and B.
Payments 1. 2. and sec. D. Parking Fees in the Fixed Based operator's
lease agreement.
6. And would like a list of all construction projects, alterations,
additions to structures or building on the whole Kalispell City Airport
property done by lessee since 25th. of August, 2005 and the same
information from the lessor since 1993. And both parties Conditional Use
Permits and any Guidelines set by the City Council on each.
This request is just for in house inspection, possible copies of some
will be requested at the time of visual inspection.
Thank you so much,
Scott Davis
448 5th. Avenue West
Kalispell, Montana 59901
406-752-1523
406-212-8439
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
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