Conners to Harball/Latecomer FeesHAMMER, HEWITT, JACOBS & FLOCH L
ATTORNEYS: 100 FINANCIAL DRIVE, SUITE 100 PARALEGALS:
P.O. Box'7310
TODD A. HAMMER KALISPELL, MT 59904 POOKIE TULLY
LINDA HEWITT CONNERS PAM WARBURTON
TELEPHONE (406) 7552225
ANGELA K. JACOBS MARIAN GEE
BRYCE R. FLOCH FAX: (406) 755-5155
WEBSITE: WWW.ATTORNEYSMONTANA.COM
April 21, 2008
Charles Harball, City Attorney
City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
Re: Old School Station— Water and Sewer Latecomer Fees
Dear Charlie:
This is to follow up on our meeting of April 16, 2008. During ;the meeting my
client, Glacier Investment Properties, PLC, the owner of the property located at 125
School House Loop, described their lack of knowledge at the time of the purchase of the
property of the water and sewer latecomer fee that they have now been advised of as
being due by the City pursuant to a latecomer fee agreement between the City and the
developer. Both in my earlier letter of March 27 and at the meeting we requested a copy
of the latecomer, agreement, neither John Peterson or I have received the requested
copy. Without knowing the terms of the agreement, I cannot fully respond to the
applicability of the agreement on Glacier Investment Properties.
Glacier Investment Properties position is that since the agreement was not of
record and was not disclosed to them at the time of entering into the Buy -Sell
Agreement for the land or before the closing of the purchase, it is not subject to the
agreement. I have reviewed on behalf of Glacier Investment Properties, the title
commitment received at the time of purchase and did not find in any of the exceptions
any reference to a water and sewer latecomer agreement. Even our discussion with
you did not result in identifying any way that the fee now billed could have been
discovered through the recorded documents relating to the subdivision.
Based upon the information of record, the lack of disclosure of the latecomer fee
at the time of purchase and not being able to obtain a copy of the agreement creating'
the fee, Glacier Investment' Properties does not intend to pay the fee described in the
City's letter dated March 18 2008.
As iindicated in our meeting, representative of Glacier Investment Properties and
I are willing to consider any information on the issue that either the City of the developer
has that would show how the buyer would have known of the fee or how it was to be
calculated, so the cost could be factored into the decision to purchase the property.
hope that when the developer considers the fee as it relates to this property, it
will determine that the assessment of the fee is not appropriate. I am assuming that
once the City has discussed the issue with the developer that we will hear from you.
Many of the members of Glacier Investment Properties enjoy good working
relationships with the City and hope that it understands the basis and reasons for
refusing to pay this fee.
I would still appreciate receiving a copy of the Agreement.
Very truly yours,
':?inda Hewitt Conners
Cc John Peterson
Brian Solari