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Morrison to Kukulski/Subdivision ImprovementsIV MORRISON & FRAMPTON, PLLP FRANK B. MORRISON, JR. CERTIFIED CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY FORMER MONTANA SUPREME COURT JUSTICE SHARON M. MORRISON SEAN S. FRAMPTON DIANA R. FRAMPTON DIANE SMITH. VIA U.S. MAIL Chris Kukulski City Manager, City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 FRANK LLOYD WRIGHT BUILDING 341 CENTRAL AVENUE WHITEFISH, MONTANA 59937 TELEPHONE (4o6) 862-9600 FACSIMILE (4o6) 862-9611 email@morrisonframpton.com March 12, 2004 Re: Glacier Commons Subdivision Improvements Kalispell, MT Dear Chris: LARRY M. ELISON, S.J.D. t FRANK B. MORRISON, SR. e JOHN C. MCCARTHY ± OF COUNSEL e ALSO ADMITTED IN NEBRASKA : ADMITTED IN CALIFORNIA ONLY t ALSO ADMITTED IN IDAHO . ALSO ADMITTED IN VIRGINIA I have been asked to represent Rio Arizona Holdings, LLC in connection with its plat approval on the above captioned subdivision. I have reviewed correspondence from the Public Works Department dated March 4, 2004 and earlier correspondence from the same department dated April 1, 2003. My understanding of the Public Works Department position in April 2003 was that an alternative proposal for dealing with Granrud Drive was approved in principle with the reservation that it did deviate from the original application and would require city counsel approval. I take it from Mr. Hansz's correspondence of March 4, 2004 that the alternative submission would no lor_ger_ be recommended. After reviewing correspondence and the history of this submission, it is my opinion, from a legal standpoint the applicant need only improve Granrud Drive from Whitefish Stage Road to Whitebark Lane. The obvious reason is that the subdivision's only impact on Granrud Drive is between these two points. These applicants want to be cooperative. They even agreed to post a $150,000 bond, although that probably should have not been necessary given the clear financial stability and impeccable integrity of the applicants. Nevertheless, they did so to "get along". These are good developers that want to do the right thing. However, the law only requires that they improve Granrud Drive to city standards between points of impact and that means between Whitefish Stage Road and Whitebark Lane. I would be willing to review any legal position that you have different from the one set forth herein. We do want to obtain approval at the earliest opportunity and yet want to fully cooperate with the city of Kalispell. I look forward to your response. g*erMorris n,Jr. & Frampton, PLLP