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07/06/00 Kukulski/FenceCity of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 July 6, 2000 Mr. Larry Geller Rosauer's Supermarket Post Office Box 9000 Spokane, WA 99209-9000 Dear Mr. Geller: From recent discussions with legal counsel, I have learned that Rosauer's legal duty to its "business invitees" could be extended beyond its parking lot facility to the City of Kalispell airport property; and, that primary liability for personal injury or property damages arising out of an accident on airport property could be imposed upon Rosauer's if the accident victim were determined to be a "business invitee" of Rosauer's at the time of such an accident. Legal counsel have also informed me that the City of Kalispell could be joined as a defendant with Rosauer's in a court action for the recovery of damages in a personal injury or property damage claim under a "joint and several liability" theory which permits damage claimants to include any "deep pockets" entity remotely connected with an incident. In order to minimize, if not eliminate, the risk that your store operations have brought to the City airport property, I believe that it is incumbent upon Rosauer's and the City of Kalispell to cooperate in the construction of a fence along the west boundary of your property which would restrain, if not prevent, your "business invitees" from entering upon the airport property. The City of Kalispell is willing to share in the cost of the construction of such a fence. I have been informed that, in the negotiation of the sales agreement for the property, it was understood that Rosauer's would fence the west boundary property line; but, that this understanding was not included in the final sales agreement. Rather than attempting to deal with this matter on a contractual basis at this time, I believe we should proceed in a cooperative effort to protect the safety of both your customers and those lawfully using the airport property for its intended uses through the construction of a fence along the west boundary of your property. Mr. Larry Geller. Rosauer's Re.: Fence Near Airport July 6. 2000 Page Two I would appreciate hearing from you at your earliest opportunity so that we can move forward with the construction of the fence as soon as possible. Sincerely, Le m'AWAM — 4 — UL EA 'Aa Chris A. Kukulski City Manager City of Kalispell tiat.