Rogers to Neier/Late Comer FeeLMJ Enterprises
406-755-5531 ® P.O. Box 2487 ® Kalispell, Montana 59903
July 11, 1997
Mr. Glen Neier
City Attorney
City of Kalispell
Kalispell, Montana 59901
Dear Glen:
In reviewing the Developer Extension approved by the City of
Kalispell, the 18th day of June, 1984 and filed by you with the
Flathead County Clerk and Recorder on September 4, 1984;� I want to
address the LATE -COMER FEE to be paid to the Developer, namely LMJ
Enterprises. "Escrow <gent" shall mean Norwest Bank of Kalispell,
301 First Avenue East, Kalispell, MT 59901, whereto the Late -Comer
pays the stipulated fee and from which disbursement is made to the
Developer.
As stated in the agreement under the Late -Comers heading, "the City
shall not issue any permits for connection to the Extended Sewer
Main or any connection which will contribute to the Extended Sewer
Main unless said Entity presents said receipt from the Escrow Agent
to the City at the time the Entity makes application for permit to
connect. "
The above established fees shall be increased thirteen percent
(13%) on each twelve (12) month anniversary date of this agreement.
The period of agreement shall be in effect for fifteen (15) years
established on May 31, 1984 and terminating on May 31, 1999.
Presently an Entity, Northwest Healthcare Corporation, owns a
parcel of land identified on the Developer Extension Agreement on
Exhibit "B" as 5 AE to include 13.22 acres. This area being
developed as Buffalo Commons, is indicated on the Preliminary Plot
as Phase I to be hooked up on the Extended Sewer Line on Grandview
Drive.
We anticipate that Northwest Healthcare Corporation as the
Developers to abide by the Developers Extension Agreement.
I would appreciate you keeping this letter on file with our
Developers Extension, Agreement.
Sincerely,
r
r
.� ganagers, M.D.
President
LMJ Enterprises
JLR/pab