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05/27/99 Johns to Kukulski/Southfield ParkGROWLEY, HA ,HEY, HANsoN, TOOLE & DIISIGH P.L.L.P. KALISPELL 431 FIRST AVENUE WEST P.O. BOX 759 XALISPELI., MONTANA 59903-0759 PHONE (406) 752-6644 FAX (406) 752.5108 Chris Kukulski ,City Manager City Hall Kalispell, MT 59901 ATTORNEYS AT LAw ESTABLISHED 1895 May 27, 1999 RE: Richard Dasen and Southfield Park Development Dear Mr. Kukulski: DANIEL D. JOHNS E-MAnL: djohnsQcrowleylaw.com Our firm represents Richard Dasen, who purchased the Haven baseball fields from the city of Kalispell and is a member of the group known as Southfield Park Development, which is improving the site. On April 26, 1999, my client received a letter addressed to Matthew J. Waat , City Service, Inc., relative to the Subdivision Improvement Agreement between Mr. Dasen and the City of Kalispell dated July 7, 1998. Mr. Thelen's letter inquired as to the status of a certain provision of the Agreement whereby the developer would pay additional funds to the city of Kalispell until such time as tax revenues generated by improvements on the property reached a certain base amount. My client believes that Mr. Thelen's request ignores the adverse economic impact various decisions made by personnel of the city of Kalispell have had on the viability of this project. The list is long, and somewhat confusing to set forth in this letter in an understandable manner. Those adverse decisions by the city impacted this project, and others negatively effected another project known as Westbrook, which is attached to City Service West near the Flathead County Fairgrounds. Because of the impact the city's actions have had on our clients projects, we request a meeting to discuss those items and their effect on the agreement. Please contact me at your convenience in order that we may schedule a meeting that is agreeable to all parties. Very truly yours, CROWLEY, HAUGHEY, HANSON, TOOLE & DIETRICH P.L.L.P. DANIEL D. JOHNS DDJ:ds cc: Richard Dasen BILLINGS: 490 NORTH 31ST STREET • P.O. BOX 2529 • BILLINGS, MONTANA 59103-2529 • PHONE (406) 252-3441 HELENA! 100 NORTH PARK AVENUE • SUITE 300 • P.O. BOX 797 • HELENA, MONTANA 59624 PHONE (406) 449-4185 WILLISTON: 110 EAST BROADWAY • P.O. BOX 1206 • WILLISTON, NORTH DAKOTA 58802-1206 PHONE (701) 572-2200