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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