05/23/01 Sandry to Neier/Lions Park ParkingLAW OFFICES OF
JOHNSON, BERG, McEVOY & BOSTOCK, PLLP
221 First Avenue East
P. 0. Box 3038
Kalispell, Montana 59903-3038
ESTABLISHED 1891
JAMES W. JOHNSON
STEPHEN C. BERG
BRUCE MCEVOY
THOMAS R. BOSTOCK
KENT P. SAXBY
PAULA. SANDRY
ERIKA L JOHNSON
KATHERINE P. MAXWELL
GARY R. CHRISTIANSEN, P.C.
Of Counsel
Glen Neier, City Attorney
City of Kalispell
P. O. Box 1997
Kalispell, MT 59903-1997
Dear Glen:
May 23, 2001
Re: Southfield Park Development
Lions Park Parking
MERRITT N. WARDEN
1914 - 1996
TELEPHONE (406) 755-5535
TELEFAX (406) 756-9436
EMAIL ADDRESS
jbmb@centurytel.net
81039.6
The purpose of this correspondence is to follow up on our discussion of May 23, 2001. In that discussion,
and based on previous discussions, you are aware that Northwest Investments Partnership, the developer of the
Southfield property, is in the process of performing curb and gutter work relative to the Southfield development.
You are also aware, based on the Addendum to Development Agreement proposed to you by us on behalf of
Richard Dasen, that NIP proposes to construct ten parking spaces for the City of Kalispell on Third Avenue in lieu
of any parking rights the City may have relative to the Southfield property. As we discussed, we believe that the
City and Richard Dasen are reasonably close to the execution of a mutually acceptable Addendum to Development
Agreement, which Addendum, in part, obligates Mr. Dasen to construct ten parking spaces for use of Lions Park
visitors on Third Avenue.
Mr. Dasen and NIP wish to begin construction of the Third Avenue parking spaces and are willing to take
the chance that a mutually acceptable Addendum to Development Agreement will not get executed by the parties.
Mr. Dasen and/or NIP is in need of a directive from the City of Kalispell and its Public Works Department
authorizing NIP to begin construction of the said parking spaces.
Please consider the foregoing at your very earliest convenience, contacting the undersigned with any
concerns you may have. Please keep in mind that any concerns regarding the design of the parking spaces (which
design is generally set forth on the Site Plan submitted to the City by Jackola Engineering) should be brought to
the attention of Shane Jackola at Jackola Engineering and Architecture. Mr. Jackola's telephone number is 755-
3208. Mr. Jackola assures me that he has been in contact with Public Works regarding the parking, that the
construction contemplated by MDOT on Highway 93 will not affect the drainage of the Third Avenue parking, and
that the Third Avenue parking design is acceptable to Public Works. You have a copy of Jackola's. Site Plan
attached as an Exhibit to our Proposed Addendum. Thank you very much:
Sincerely ;
Paul A. Sandry
PAS/clm