Tab 07 Consent to Decline BenefitCONSENT To DECLINE BENEFIT
WHEREAS, the City of Kalispell, Montana has created Special
Improvement District No. 343 for the purpose of making certain
infrastructure improvements in and on Heritage way and Sunnyview
Lane within the corporate limits of the City, and
WHEREAS, Northwest Healthcare Corporation owns certain real
property within the area subject to said Special Improvement
District No. 343, described in this Consent to Decline Benefit
( this "Consent") , as "SID Lot No. 41f, and more particularly
described in Exhibit "A" attached hereto, which is subject to
assessments under SID No. 343 on the basis of area and front
footage, and
WHEREAS, WHIHI LLP owns certain real property within the area
subject to said. Special Improvement District No. 343, described in
this Consent, as "SID Lot No. 111, and more particularly described
in Exhibit "B" attached hereto, which is subject to assessments
under SID No. 343 on the basis of frontage alone, and
WHEREAS, Northwest Healthcare Corporation owns certain real
property within the area subject to said Special Improvement
District No. 343, described in this Consent, as "SID Lot No. 211,
and more particularly described in Exhibit "C" attached hereto,
which is subject to assessments under SID No. 343 on the basis of
frontage alone, and
WHEREAS, Stephen A. and Cheryl A. Wilson own certain real
property within the area subject to said Special Improvement
District No. 343, described in this consent as "SID Lot No. 3 1' , and
more particularly described in Exhibit "D" attached hereto, which
is subject to assessments under SID No. 343 on the basis of
frontage alone, and
WHEREAS, Kalispell Medical Arts owns certain real property
within the area subject to said Special Improvement District No.
343, described in this consent as "SID Lot Nos. 6 and S", and more
particularly described in Exhibit "E" attached hereto, which is
subject to assessments under SID No. 343 on the basis of frontage
alone, and
WHEREAS, Julia E. Evenson, Pamela Shanks and Jay W. Evenson
own certain real property within the area subject to said Special
Improvement District No. 343, described in this Consent as "SID Lot
No. 711, and more particularly described in Exhibit "F" attached
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hereto, which is subject to assessments under SID No. 343 on the
basis of frontage alone, and
WHEREAS, Flathead Healthcare Center, Inc. owns certain real
property within the area subject to said Special Improvement
District No. 343, described in this Consent as "SID Lot No. 911, as
more particularly described in Exhibit "G" attached hereto, which
is subject to assessments under SID No. 343 on the basis of area
alone, and
WHEREAS, the City of Kalispell has agreed to contribute the
sum of $37,000 toward certain surface improvements along a portion
of Sunnyview Lane based upon the City's cost of resurfacing said
street in accordance with the City of Kalispell pavement
rehabilitation program, and
WHEREAS, the City of Kalispell's commitment to contribute
$37,,000 i s in l i eu of anticipated pavement rehabilitation from U.S.
#93 to the Easterly terminus of "SID Lot Nos. 3 and 811, and
WHEREAS, Northwest Healthcare Corporation and Flathead
Healthcare Center, Inc. have agreed to seek abandonment and re -
vesting of a portion of Sunnyview Lane and to the construction of
a dedicated public street upon a portion of "SID Lot No. 411, and
WHEREAS, "SID Lot No. 4" under the City of Kalispell"s
pavement replacement program would not be benefitted from the sum
of $37,000 noted above, because no existing street to be
rehabilitated lies within "SID Lot No. 411, and
WHEREAS, Northwest Healthcare Corporation agrees that the
owner of "SID Lot No. 4" is not benefitted from the City's
contribution pursuant to the pavement replacement program for
surface improvements, and
WHEREAS, in order to properly assess the Special Improvement
District assessments, the owner of "SID Lot No. 4" agrees to
consent to utilization of the City's contribution of $37,000 for
the benefit of the "SID Lots" assessed on the frontage method only,
and declines to accept the benefit of the City's proportionate
contribution for "SID Lot No 411 which is based upon both the front
footage and area basis.
THEREFORE, for and in consideration of the sum of one Dollar
($1. 0 0 ) and other valuable consideration, including the anticipated
abandonment and re -vestment in Northwest Healthcare Corporation of
a portion of Sunnyview Lane, the receipt and sufficiency whereof
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is hereby acknowledged, Northwest Healthcare Corporation, by and
through the undersigned authorized agent, hereby consents to the
utilization of the City's contribution of $37,000 for the benefit
of only "SID Lots Nos. 1, 21 31 61 71 811 and declines to accept the
benefit of said contribution for "SID Lot No. 4 " . The total
estimated amount to be assessed against "SID Lot No. 411 for surface
infrastructure improvements shall not be reduced or affected by the
City's contribution of $37,000. Total assessments against "SID Lot
No. 4" and "SID Lot No. 9" for grading and utility improvements
shall not change as a result of this Consent.
This Consent is binding upon and enforceable against Northwest
Healthcare Corporation and its successors, transferees, and assigns
and inures to the benefit of the City of Kalispell, Montana.
Northwest Healthcare Corporation agrees that the City of
Kalispell may, at its election, record this Consent in the real
property records of Flathead County, Montana.
Dated this , of AA2001
Northwest Healthcare Corporation
By:
Its:
consentodeclinebenef it.wpd
STATE OF MONTANA }
SS
County of Flathead }
on thz s day o f 2001, before me,, a
Notary Public in and for the State of Montana, personally appeared
known to me to be the ,
of the corporation that executed the within instrument, and
acknowledged that such subscribed, sealed and
delivered said instrument as the free and voluntary act of said
corporation, for the uses and purposes therein set forth, and that
he/she was duly authorized to execute the same on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my
Notarial Seal, the day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission expires Aell vl
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EXHIBIT "A"
Tract 5ABM located in Government Lots 5, 6, 8 and 13 of
Section 6, Township 28 North, Range 21 West, P . M . , M . , Flathead
Counter, Montana.
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Tract 7 E located in the SE 1/4 of the SW 1/4 of Government Lot
6, Section 6, Township 28 North, Range 21 'hest, P.M.,M.,
Flathead county, Montana.
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EXHIBIT "C"
Lot 2 of the Amended Plat of Lot l of the Amended Plat of Lot
1 of the Amended Plat of Resubdivision of Simmons No. 78 and
Lot 2 of the Amended Plat of Resubdivision of Simmons No. 78
located in Government Lot 6, Section 6, Township 28 North,
Range 21 Vest, P.M.,M., Flathead Counter, Montana.
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EXHIBIT "D"
Lot 5 of the Amended Plat of the Resubdivision of Simmons
Addition No. 78 located in Government Lot 6, Section 6,
Township 28 North, Range 21 West, P . M . , M . , Flathead Counter,
Montana.
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EXHIBIT "E"
Tract 7EU located in Government Lots 6 and 7, section 6,
Township 28 North, Range 21 West, P . M . , M . , Flathead County,
Montana
and
Lot 2 of the Resubdsvision of Kalispell Medical Arts Addition
No. 35 located in Government Lots 6 and 7, Section 6, Township
28 North, Range 21 west, P.M.,M., Flathead County, Montana
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EXHIBIT 'IF"
Tract 7EF located in Government Lots 5 and. 7, Section 6,
Township 28 North, Range 21 West, P . M . , M . , Flathead County,
Montana.
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EXHIBIT "G"
Amended Plat of Flathead Health Center, a
in Government Lot 14, Section 6, Township
West, P.M.,M., Flathead Counter, Montana
Subdivision located
28 North, Range 21
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CONSENT To ASSESSMENT
WHEREAS, Northwest Healthcare Corporation is in the process of
expanding its medical campus and otherwise developing property it
owns in the area of Kalispell Regional Medical Center, and
WHEREAS, said expansion and development will require the
relocation of Sunnyview Lane, the extension of Heritage way, and
certain other surface, grading, and utility infrastructure in the
area, and
WHEREAS, the City of Kalispell, Montana has created Special
Improvement District No. 343 for the purpose of making certain
infrastructure improvements in and on Heritage way and Sunnyview
Lane within the corporate limits of the City, and
WHEREAS, Northwest Healthcare Corporation owns certain real
property within the area subject to said Special Improvement
District No. 343, described, in this Consent to Assessment ( this
"Consent") , as "SID Lot No. 411, and more particularly described in
Exhibit "A" attached hereto, and
WHEREAS, WEL Care Investors owns certain real property within
the area subject to said Special Improvement District No. 343,
described in this Consent, as "SID Lot No. Sit and more
particularly described in Exhibit "B" attached hereto, and
WHEREAS, the City of Kalispell Extension of Services Plan
establishes the responsibility of the developer to construct
infrastructure improvements connected with development in
accordance with the City of Kalispell's Standards for Design and
Construction, and -
WHEREAS, in accordance with said Extension of Services Plan,
the City of Kalispell has determined that the certain
infrastructure surface improvements adjacent to "SID Lot No. 511 are
of special benefit to "SID Lot No. 4" only, and therefore the owner
of "SID Lot No. 4" should properly be charged for said
infrastructure surface improvements, and
WHEREAS, Northwest Healthcare Corporation agrees that the
owner of "SID Lot No. 411 should be charged for Said infrastructure
surface improvements, and
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WHEREAS, in order to properly assess the Special Improvement
District assessments, the owner of "SID Lot No. 4" must consent to
the increase in assessments which would otherwise be made against
"SID Lot No. 511.
THEREFORE, for and in consideration of the sum of one Dollar
($1.00) and other valuable consideration, the receipt and
sufficiency whereof is hereby acknowledged, Northwest Healthcare
Corporation, by and through the undersigned authorized agent,
hereby consents to any increase in the special assessment against
"SID Lot No. 4" in an amount equal to the total estimated special
assessment heretofore to be assessed against "SID Lot No. 5" and to
pay, to the City of Kalispell, as due, the amount actually
assessed. Said total estimated amount to be assessed against "SID
Lot No. 4" for surface infrastructure improvements shall be
increased to $550,689.00. Total assessments against "SID Lot No.4"
for grading and utility improvements shall not change as a result
of this Consent.
This Consent is binding upon and enforceable against Northwest
Healthcare Corporation and its successors, transferees, and assigns
and inures to the benefit of the City of Kalispell, Montana.
Northwest Healthcare Corporation agrees that the City of
Kalispell may, at its election., record this Consent in the real
property records of Flathead County, Montana.
Dated this 18 th of March , 2001.
Northwest Healthcare Corporation
lly:11� LAedla
President/CEO
STATE OF MONTANA }
Ss
County of Flathead }
On this 18th day of March , 2001, before me, a
Notary Public in and for the State of Montana, personally appeared
Ve linda Stevens , known to me to be the Pre s ident/cEo ,
of the corporation that executed the within instrument,-1 W and
acknowledged that such person subscribed, sealed and
delivered said instrument as the free and voluntary act of said
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corporation, for the uses and purposes therein set forth, and that
he/she was duly authorized to execute the same on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my
Notarial Seal, the day and year first above written.
Notary P lic, State of Montana.
Residing at Kalispell, --Monty
My Commission expires IJ
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EXHIBIT "A"
Tract 5ABM located in Government Lots 5, 61 8 and 13 of
Section 6, Township 28 Forth, Range 21 West, P . M . , M . , Flathead
County, Montana.
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EXHIBIT "B"
Lot 1 of Heritage Place, 1st Addition located in Government
Lot 6, section 6, Township 28 North, Range 21 West, P.M.,M.,
Flathead counter, Montana.
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