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07/11/00 Hagood/FenceJUL 14 M QQ, . �.,7 a aa.++a++a+aasaaaaaaa July 11, 2000 Chris A. Kukulski City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 RE: Fence between Rosauers Supermarket and City airport Dear Mr. Kukulski: Larry Geller and Dik Salsbury of Rosauers Supermarkets Inc. have forwarded your letter dated July 6, 2000 concerning construction of a fence between our respective properties to me to respond. You may recall that RSI, LLC doing business as Rosauers Supermarkets Inc. conveyed their interest in Lot 2 of Daley Field Subdivision to Kalispell Investment Group, LLC, and it is therefore a matter between Kalispell Investment Group and the City of Kalispell as to construction of the referenced fence. On June 2"d of this year I wrote a letter to your Mr. Richard Amerman, Assistant City Engineer, with a copy to yourself, advising that it is our opinion that the City of Kalispell is responsible for construction of the fence. In support of our position I'm also providing you a copy of Mr. Amerman's letter dated April 2, 1999 to Ian J. Bailey, who was our civil engineer on the development of the Rosauers store, wherein Mr. Amerman clearly states that the City will be constructing a fence along the airport property this spring (which I would interpret meant the spring of 1999). Given the site construction work, we understand why the City delayed construction of the fence until the site work and perhaps the building was completed; however, both Kalispell Investment Group and Rosauers Supermarkets are again encouraging the City to complete its responsibility. Further, we would appreciate you or another representative of the City of Kalispell keeping us apprised of the work status and completion of the fence. Sincerely, KALISPELL INVESTMENT GROUP, LLC raid L. Hagood, Managing Member GLH/Imc cc: Mr. Larry Geller, Rosauers Supermarkets Mr. Dik Salsbury, Rosauers Supermarkets Mr. Kit Querna, Randall & Danskin, P.S. Professional Real Estate Services Washington Mutual Financial Center, West 601 Main Avenue, Suite 400, Spokane, Washington 99201-0674 (509) 838-6541 FAX (509) 458-4014