Murray to Neier/Sewer ExtensionMARSHALL MURRAY
Attorney at Law
275 Corporate Avenue, Suite 800
P.O. Box 1138
Kalispell, Montana 59903
Telephoiie: (406) 755-3013
August 13, 1997
Mr. Glen Neier
City Attorney
PO Box 1997
Kalisnell, MT 59903
Facsimile: (406) 752-5213
RE: Northwest Healthcare Corporation/Buffalo Commons/
LMJ Sewer Extension
Dear Mr. Neier:
As you know, I represent First American Title Insurance Co. which has
insured Northwest Healthcare Corporation on the Buffalo Commons
property. Because the Title Company missed the recording of the
developers' agreement, it has been brought into this matter by
Northwest Healthcare.
Mr. Mike Kleese of First American, has reviewed this matter and has
discussed it with most of the principals or their agents. He has instructed
me to advise you that he has requested a check in the amount of
$34,347,05, the amount that is claimed by LMJ under the extension
aareement. That check will be delivered to you tomorrow by me and will
be made payable to the City of Kalispell. It is being deposited with the
City under the following restrictions:
1. First American denies any responsibility on behalf of
Northwest Healthcare for a variety of reasons;
2. Nevertheless, based upon its opinion of the extension
agreement, it especially authorizes the City to release to LMJ
Enterprises the sum of $18,863.30, which is its calculation of what is due
(if any sum is due, which First American denies) and as its good faith in
this matter;
Mr. Glen Neier
August 13, 1997
Page 2
3. It does not authorize you to release the balance of the
$34,347.05 until there has been a judicial determination that said sum
is due under the agreement (assuming the agreement is valid) or until
there has been a written agreement by all the parties involved resolving
this matter; and
4e That the City of Kalispell will authorize Northwest Healthcare
to immediately connect to the C;ity's sewer.
I am writing this to you so that you will have it prior to the time that the
actual check is delivered, which check is being forwarded to me by
overnight carrier. Thank you.
Yours truly,
040)w� Vqwv�
Marshall Murray, Esq. 1
cc: Mike Kleese
Bill Astle