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Williams & Neier/Meridian Road ExtensionMarch 5, 1996 Kalispell Orthopedic Pension Plan Northwest Healthcare Corporation Weber -Barth Building Partnership Higgs-Oehrtman Building Partnership Kalispell Orthopedic Sharing Plan c/o William Astle Astle & Astle 705 Main Street Kalispell, MT 59901 Re: Meridian Road Extension Dear Bill: We are in receipt of your letter dated March 1, 1996 discussing your position regarding the extension of Meridian Road at U.S. Highway #93, and offer the following for your review. First of all, although the City prepared the East Meridian Road Construction Estimate based upon the best information available, we cannot guarantee that the actual construction costs will not exceed the Total of $123,225. The City is obligated under the law to advertise and award construction contracts to the lowest responsible bidder. We have no authority to negotiate a price, which on occasion has resulted in actual construction bids being higher than the estimate. By a letter dated December 8, 1994, the City and Northwest Healthcare agreed that Northwest Healthcare would not protest the creation of an SID for the improvement of Meridian and Northwest's share of the SID would not exceed $40,000. According to our calculations, Northwest's share of the SID will not exceed $40,000 even at the $123,225 figure. We believe that the property owners along the Meridian extension will benefit from the placement of a traffic signal at U.S. #93. Before we enter into an agreement, we would like to negotiate contributions based upon benefit to the individual property owners and the general public and assign maximum costs for installation of the signal and island. In discussing this matter, we have arrived at a suggestion Northwest Page 2 that may be worthy of consideration before proceeding further. You indicated Developers Diversified does not wish to voluntarily participate in building the Meridian extension. Further, your letter indicates strongly, you believe the City is responsible for the placement of the traffic signal and island at U.S. #93. As indicated above, the City believes that a private financing of the Meridian extension might be less costly than an SID. The property owners may save as much as 20% of the cost by negotiating with contractors. We would be willing to recommend to the City Council that the City finance the traffic signal and island, if the property owners will finance improvements meeting City Standards on the Meridian extension. Ultimately, the interested parties should save more than what Developers Diversified contribution would be in an SID. We would appreciate your consideration of our alternative proposal. We intend to work with you in the Meridian extension. Sincerely, Bruce Williams Glen Neier City Manager City Attorney