H3. Ritz Bar & Salon CUPKALisPEii.
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KCU-21-03 — Ritz Bar & Salon Accessory Casino
Conditional Use Permit
MEETING DATE: June 21, 2021
BACKGROUND: This matter is a request from Tristelle Vu (The Ritz Bar & Salon) for a
conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. The
property contains an existing bar and will be adding a nail salon in addition to the proposed accessory
casino space. An accessory casino is one that is tied to a primary use, is limited to 20% or less of the
floor area, and is shielded from view, both outside and inside the building.
The property is located at 110/116 Main Street and can be described as Lots 3 and 4, Block 46,
Kalispell Original Townsite, as shown on the map or plat thereof on file and of record in the office of
the Clerk and Recorder of Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the
CUP request. Staff presented staff report KCU-21-03, providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and
recommend to the Council that the request be granted subject to 6 listed conditions.
One written public comment and a petition in opposition to the proposal were received prior to the
meeting. Three verbal public comments were submitted at the hearing, in addition to three comments
from people on behalf of the applicant. The comments included a mix of support for the proposal and
those which generally concerned opposition to additional casinos, particularly in the downtown area.
The public hearing was closed, and a motion was presented to adopt staff report KCU-21-03 as
findings of fact and recommend to the Kalispell City Council that the conditional use permit be
granted subject to the 6 conditions. Board discussion concluded that the request was appropriate, and
the motion passed 4-2 on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from
Tristelle Vu for Conditional Use Permit KCU-21-03, a conditional use permit for an accessory
casino, subject to 6 conditions of approval within the B-4 Zoning District, located at 110/116 Main
Street, and more particularly described as Lots 3 and 4, Block 46, Kalispell Original Townsite, as
shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of
Flathead County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Conditional Use Permit Letter
June 8, 2021, Kalispell Planning Board Minutes
Staff Report
Application Materials and Maps
Public Comment
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Tristelle Vu
332 Main Street
Kalispell, MT 59901
LEGAL DESCRIPTION: Lots 3 and 4, Block 46, Kalispell Original Townsite, as shown on the
map or plat thereof on file and of record in the office of the Clerk and
Recorder of Flathead County, Montana
ZONE: B-4, Central Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow an
accessory casino within the B-4 (Central Business) zone. The property contains an existing bar and will
be adding a nail salon in addition to the proposed accessory casino space.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June
8, 2021, held a public hearing on the application, took public comment and recommended that the
application be approved subject to six (6) conditions.
After reviewing the application, the record, the Kalispell Planning Department report, and after
duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning
Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-21-03 as the
Council's findings of fact, and issues and grants to the above -described real property a conditional use
permit to allow an accessory casino at 110/116 Main Street in the B-4 zoning district, subject to the
following conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. That the development of the site shall be in substantial conformance with the submitted
application and architectural/site plan drawings.
3. Prior to occupancy, the applicant shall apply for a building permit through the City of
Kalispell Building Department to review the proposed addition and improvements.
4. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
5. The following design elements on the exterior of the building as well as exterior signage are
prohibited: (1) any terms such as gaming, gambling, cards, dice, chance, etc; (2) any
reference to any associated activity or any symbols or words commonly associated with
gaming; (3) any words, terms, figures, art work, or features intended or designed to attract
attention to the fact that a casino is on site; and (4) neon lighting.
6. The property owner shall agree to a zoning lot determination, which shall be recorded prior
to commencing the accessory casino use.
Dated this 21st day of June, 2021.
STATE OF MONTANA
ss
County of Flathead
Mark Johnson
Mayor
On this day of , 2021 before me, a Notary Public, personally appeared
Mark Johnson, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same on behalf of the City of
Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day
and year first above written.
Notary Public, State of Montana
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
JUNE 8, 2021
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Doug Kauffman (acting President), Rory Young, Joshua Borgardt,
George Giavasis, Kurt Vomfell and Ronalee Skees. Chad Graham was
absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the
Kalispell Planning Department. Keith Haskins represented the Kalispell
Public Works Department.
APPROVAL OF MINUTES
Giavasis moved and Skees seconded a motion to approve the minutes of
the April 13, 2021, meeting of the Kalispell City Planning Board and
Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
KA-21-02 — PONDEROSA VET
A request from Katherine Gates (Mission Impawsible, LLC) for
ANNEXATION
annexation and initial zoning of B-1 (Neighborhood Business) for
property located at 100 Ponderosa Lane (Ponderosa Veterinary
Hospital), containing approximately 1.48 acres. The request is based on
a desire to connect to city sanitary sewer service.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KA-21-02.
Staff recommends that the Kalispell Planning Board adopt staff report
#KA-21-02 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the zoning for the entire property
be city B-I (Neighborhood Business).
BOARD DISCUSSION
None
PUBLIC HEARING
None
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report #KA-21-02 as
findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the entire property be city B-1
(Neighborhood Business).
BOARD DISCUSSION
None
ROLL CALL
Motion passed unanimously on a roll call vote.
KCU-21-03 — THE RITZ BAR &
File #KCU-21-03 — A request from Tristelle Vu (The Ritz Bar & Salon)
SALON CUP
for a conditional use permit to allow an accessory casino within the B-4
(Central Business) zone. The property contains an existing bar and will
be adding a nail salon in addition to the proposed accessory casino
space. The property is located at 110 & 116 Main Street.
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Pagel
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KCU-21-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KCU-21-03 as findings of fact and
recommend to the Kalispell City Council that the conditional use permit
be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Giavasis asked if the CUP would be tied to the property or just the
business. Sorenson explained that any kind of zoning entitlements run
with the land as long as what they are doing is consistent with what was
approved. Vomfell and Young asked about fagade improvements and
signage requirements. Sorenson advised both will be required to go
through the architectural review process.
PUBLIC HEARING
Michael Lawlor — PO Box 728, Missoula — attorney for applicant,
offered to answer questions about how the liquor license ties in with the
accessory casino.
Tim Guenzler — 300 Lee Rd. — Owner of Progressive Gaming, is
working with the applicants to set up gaming machines. Offered to
answer questions.
Melissa Quast — 1520 Us Hwy 2 West — concerned with layout of the
business and the machines being in the front of the building and
operating hours.
Dia Sullivan — PO Box 233, Whitefish — architect for the applicant,
explained that the layout they designed works best with the existing
layout.
Darcy Lard — 500 Main St — downtown business owner — is in favor of
the bar and salon.
Derek Price — 459 Mountain Vista Way — patron of applicants existing
business, Nailtopia, and is in favor of the bar and salon.
MOTION
Vomfell moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-21-
03 as findings of fact and recommend to the Kalispell City Council that
the conditional use permit be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION
Givasis is opposed to the CUP being tied to the property and has
concerns with the 20% square footage requirement. Vomfell does not
feel we need another casino in the city, and it is unfortunate that a liquor
license must be tied to gaming to afford it. Young and Borgardt feel it is
an appropriate use. Nygren noted that it's a good thing that the liquor
license will be staying in the downtown area.
ROLL CALL
Motion passed 4-2 on a roll call vote. Vomfell and Giavasis are opposed
to the conditional use permit.
BOARD MEMBER SEATED
Kauffman recused himself and asked Young to chair because he is a
representative for Layne Massie (Edge, LLC).
KCU-21-04 — EDGE
A request from Layne Massie (Edge, LLC) for a conditional use permit
APARTMENTS CUP
to allow a multi -family residential development for property located at
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 12
2015 & 2105 Third Avenue East, containing approximately 2.04 acres.
The development (Third Avenue East Apartments) would include 48
residential units, parking, and recreational amenities.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KCU-21-04.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KCU-21-04 and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Vomfell asked about Condition # 16 and the why the number of units
may need to be reduced. Sorenson advised that since the B-2 zone does
not have density limits changes may need to be made based on design
requirements like parking, trash enclosures, storm drainage, etc.
PUBLIC HEARING
Carol Thill — 2141 3,d Ave E — Owner of Lucky Dog Day Camp to the
south of the subject property. She has concerns with how close the
apartments will be to her business and that it may cause problems,
barking, smell, etc. with tenants in the future if there is not enough
buffer.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-21-
04 and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed concerns with south property line regarding dog day
camp and agreed that the property owner will be responsible and do
what they need to do to mitigate future issues.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Kauffman re -seated and took over as chair.
KCU-21-05 — J&S AUTOMOTIV L
A request from Jason Sharp for a conditional use permit to allow an auto
REPAIR CUP
repair business within the B-3 (Core Area Business) zone. The property
contains an existing building that was previously used for fleet vehicle
maintenance and equipment storage for an internet service company.
The property is located at 710 West Montana Street.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KCU-21-05.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KCU-21-05 and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed proposed screening, how the required sidewalk would
fit and asked for clarification from staff as to why they are requiring the
sidewalk if the use prior to this requested use was the same. Staff
advised because of the zone change from B-5 to B-3 there are design
guidelines now whereas the previous tenant was grandfathered in.
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page13
PUBLIC HEARING
Butch Clark — 500 Siblerud Lane — owner of property — is concerned
with the required sidewalk because of cost and losing some existing
trees.
Jason Sharp — 480 Tronstad Rd — applicant requesting CUP — spoke to
type of repair business he runs and that it's a small slower paced type of
repair shop.
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-21-
05 and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed good use for structure but expressed concerns with
disproportionate costs of the sidewalk and requiring the applicant to
have power poles moved.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPP-21-03 — WESTVIEW
File #KPP-21-03 — A request from Owl Corporation for major
ESTATES PHASES 6 & 7
preliminary plat approval for Westview Estates Phases 6 and 7. The
PRELIMINARY PLAT
property is located within an R-3 (Residential) zoning district, with a
total of 34 single-family lots on approximately 15.98 acres of land
including the lots, streets, a park area, and other common area. The
property is located to the east of Stillwater Road and to the north of
Westview Estates Phase 2.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KPP-21-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPP-21-03 and recommend to the
Kalispell City Council that the preliminary plat for Westview Estates
Phases 6 & 7 be approved subject to the condition listed in the staff
report.
BOARD DISCUSSION
Board discussed number of accesses from new phases and approval from
fire department as well as how the block length is calculated in relation
to cul-de-sac.
PUBLIC HEARING
Eric Mulcahy — 2 Village Loop — representative for applicant — noted
they are happy with the conditions of the staff report and offered to
answer any questions.
Kit Clark — 147 Taelor Rd — concerned with additional traffic, was
hoping for an additional access on Stillwater Rd.
Valerie Mitchell —187 Taelor Rd — concerned with additional traffic.
Mark Eney —191 Taelor Rd — concerned with additional traffic.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPP-21-03
and recommend to the Kalispell City Council that the preliminary plat
for Westview Estates Phases 6 & 7 be approved subject to the condition
listed in the staff report.
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 14
BOARD DISCUSSION
Giavasis noted he is not a fan of the cul-de-sac and Borgardt asked about
doing future phase road improvements now to alleviate traffic concerns.
Staff noted that the traffic impact study did not indicate there would be
too much additional traffic with the design as is.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPUD-21-01 & KPP-21-02 —
Files #KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC
MOUNTAIN VIEW PUD AND
for the Mountain View Planned Unit Development ("PUD"), which is a
PRELIMINARY PLAT
Residential PUD overlay on approximately 139 acres of land abutting
the north side of Foys Lake Road to the west of the Highway 93 Bypass,
along with major preliminary plat approval for Phase 1 of the
development. The property was previously annexed with a PUD overlay
called Willow Creek, which has since expired. This proposal is for a
new PUD by a different applicant. The PUD calls for a total of 407
dwelling units (225 single family lots, 16 cottage lots and 166 townhome
lots) along with approximately 49.1 acres of open space and park area.
The Phase 1 preliminary plat consists of approximately 21.2 acres with
94 lots (5 single family lots and 89 townhome lots), streets and open
space.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Reports #KPUD-21-01 & #KPP-21-02.
Sorenson noted that the applicant has some concerns with some of the
conditions and would like to further discuss these conditions with staff
and Public Works and therefore would like to have this tabled to a future
meeting. He advised the board that we should proceed with discussion
and public comment.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Reports #KPUD-21-01 & #KPP-21-02 and
recommend to the Kalispell City Council that the PUD and the
preliminary plat be approved subject to the conditions listed in the staff
report.
BOARD DISCUSSION
Board discussed west access, the traffic impact study and if it will
trigger access to Hwy 2 and the water pressure issues that need to be
addressed with Public Works.
PUBLIC HEARING
Mike Brodie — 431 1st Ave W — representative for applicant — confirmed
that the applicant does wish to table for further discussion with staff and
Public Works.
Francis Flanigan — 849 Foys Lake Rd — agrees with the subdivision and
likes the existing layout.
Melissa Quast — 1520 US Hwy 2 West — concerned that only 2 accesses
for 400 homes are not sufficient and how those accesses will be
mitigated. She is also concerned with the number of deviations.
MOTION — PUD &
Vomfell moved and Borgardt seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt Staff Reports #KPUD-
(ORGINAL)
21-01 and #KPP-21-02 and recommend to the Kalispell City Council
that the PUD and preliminary plat for Mountain View be approved
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 15
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed the fact that both applicant and staff have asked for a
table to further discuss the project. They like the project but are
concerned with there only being 2 accesses.
MOTION — PRELIMINARY PLAT
& PUD (TABLE)
Vomfell moved to table and Skees seconded a motion that the Kalispell
City Planning Board and Zoning Commission table Staff Reports
#KPUD-21-01 & KPP-21-02 to the July 13, 2021 meeting.
ROLL CALL
Motion tabled unanimously on a roll call vote.
OLD BUSINESS
Nygren updated the board on the Kalispell Parkline.
NEW BUSINESS
Nygren updated the board on the July 13, 2021 planning board meeting.
ADJOURNMENT
The meeting adjourned at approximately 9:05pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 16
THE RITZ BAR & SALON
REQUEST FOR A CONDITIONAL USE PERNHT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-21-03
JUNE 2, 2021
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request
for a conditional use permit for an accessory casino within the B-4 (Central Business) zone. A public
hearing on this matter has been scheduled before the Planning Board for June 8, 2021, beginning at
6:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
This application is a request from Tristelle Vu (The Ritz Bar & Salon) for a conditional use permit
to allow an accessory casino within the B-4 (Central Business) zone. The property contains an
existing bar and will be adding a nail salon in addition to the proposed accessory casino space. An
accessory casino is one that is tied to a primary use, is limited to 20% or less of the floor area, and
is shielded from view, both outside and inside the building.
A: Applicant: Tristelle Vu
332 Main St
Kalispell, MT 59901
B: Location: The property is located at 110/116 Main Street and can be described as Lots 3
and 4, Block 46, Kalispell Original Townsite, as shown on the map or plat thereof on file and of
record in the office of the Clerk and Recorder of Flathead County, Montana.
C: Existing Land Use and Zoning: The subject property contains an existing bar, including
a recent restaurant that has been closed. The B-4 zoning provides "a business district intended to
set apart that portion of the city which forms the center for financial, commercial, governmental,
professional and cultural activities. This district is not intended for general application throughout
the planning area. This zoning district would typically be found in areas designated as commercial
on the Kalispell Growth Policy Future Land Use Map."
Kalispell Zoning Exhibit - May 13th, 2021
NOM 110-116 Main St
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D. Size:
The subject property is
approximately 7000 square feet.
E: Adjacent Zoning:
North:
B-4
East:
B-4
South:
B-4
West:
B-4
F: Adjacent Land Uses:
North: Retail, office, restaurant,
general commercial
East: Retail, office, restaurant,
general commercial
South: Retail, office, restaurant,
general commercial
West: Retail, office, restaurant,
general commercial
G: General Land Use Character: The subject property is located in the core downtown area in
historic downtown Kalispell. It is in the middle of the commercial core of the city with a mix of
retail, office, restaurant and other commercial uses.
H: Relation to the Growth Policy: The City of Kalispell Growth Policy Plan -It 2035, Chapter 4B,
Land Use -Business and Industry, encourages the development and growth of commercial and
FA
industrial districts with a viable mix of businesses and suitable infrastructure. The Downtown Plan,
which was adopted as a supplemental amendment to the Growth Policy, includes a vision where
"Downtown Kalispell will be a vibrant place to live, work, shop, dine and visit amongst beautiful
historic buildings and landscaped streets." In order to reach that goal, a part of the strategy is to
allow for the redevelopment of existing buildings as well as accommodating new development
while protecting downtown's heritage, all of which helps create a thriving economy with a mix of
retail, food, office, art, housing and entertainment.
L• Utilities/Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District 95, Elrod Elementary/Flathead High School
Fire:
City of Kalispell
Police:
City of Kalispell
3
EVALUATION OF THE REOUEST
This application has been reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as
submitted, conforms to all of the following general conditional use permit criteria, as well as to all
other applicable criteria that may be requested. The proposed building elevation and floorplan are
shown below.
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In the B-4 zone, gaming is only allowed in an accessory casino that meets standards set forth in
Section 27.34.040 of the Kalispell Zoning Ordinance. A use is accessory if it is clearly incidental
to and customarily used in connection with the primary use, and is located on the same property.
In this case, the casino is accessory to the existing bar/restaurant area and would function with
both the bar and proposed nail salon. While the two halves of the property are technically separate
lots, the two lots (Lots 3 and 4, each of which are 25 feet wide — standard width for a lot in the
downtown) can be bound together with a zoning lot determination. That document treats the two
lots as a single parcel for zoning purposes, provided that the lots cannot be sold separately without
bringing it into conformance. The zoning determination is recorded and becomes part of the chain
of title.
Furthermore, a casino is only considered accessory to a primary use if the primary use and its
associated facilities constitutes at least 80% of the proposed floor space and the casino constitutes
no more than 20% of the proposed use. The proposed casino area is approximately 807 square feet,
or about 12% of the overall main floor area.
In addition, an accessory casino needs to be shielded or screened from view of the primary use and
patrons. The proposed floorplan shows the casino as separated from the other areas in the building
by two doors. It can be accessed through a new lounge area to be built in the front of the building
or through an existing hallway running alongside the kitchen. The layout serves to keep the casino
separated from the rest of the building and removed from the entry onto the sidewalk. The lounge
area also helps limit the number and location of entrances into the casino, which is a design
standard provided for in the ordinance.
1. Site Suitability:
Adequate Useable Space: The subject property is approximately 7000 square feet and
is completely developed with an existing building constructed in 1928 which covers
the entire property. The proposed use would be located within the existing space.
b. Height, bulk and location of the building: The building is existing and no additions
are planned. There are no issues relating to height, bulk or location of the building in
terms of setbacks, lot coverage, or other property development standards under B-4
zoning.
Adequate Access: The property fronts on Main Street. There is no on -site parking,
and none is required under the zoning ordinance. There are pedestrian entrances off
of the sidewalk along Main Street as well as from the alley. The entrances off of the
alley are directly across from a city surface parking lot. There is adequate access for
the proposed use.
d. Environmental Constraints: There are no known environmental constraints, such as
steep slopes, streams, floodplains, or wetlands on the property, which could affect the
proposed use.
2. Appropriate Design:
Parking Scheme/Loading Areas: The site contains no parking areas on -site, which is
common in the downtown core, and none are required under the zoning ordinance.
There is a public parking lot across the alley as well as on -street parking available.
b. Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all
outdoor lighting on commercial or residential structures. Any exterior lighting
installed in conjunction with the development will be reviewed for compliance with
the zoning ordinance during site development review and prior to building permit
issuance.
C. Traffic Circulation: There is no on -site parking and therefore no traffic circulation.
d. Open Space: There are no open space requirements associated with the property and,
as is typical in the downtown, the existing building is built from property line to
property line without open space available.
Fencin Screenin andscaping: With the existing building being on the property
line, there is no place or need for screening and none should be required. It should be
noted that the interior layout of the casino/lounge area is intended to provide a
separation of the gaming use from the public way. The placement of the lounge
ensures that the casino is not visible through the windows along Main Street.
f. Sig_nage: The development shall comply with all of the sign standards as set forth in
Chapter 27.22 of the Kalispell Zoning Ordinance. Additionally, under the
conditional use permit section relating to casinos (Section 27.34.040), design
standards as appropriate may be placed on an accessory casino limiting or
prohibiting the on -premise signage or building from using the following (1) any
terms such as gaming, gambling, cards, dice, chance, etc; (2) any reference to any
associated activity or any symbols or words commonly associated with gaming; (3)
any words, terms, figures, art work, or features intended or designed to attract
attention to the fact that a casino is on site; and (4) neon lighting. Given its location
in the historic downtown area, conditions relating to these design standards are
appropriate and the listed items should be prohibited in order to appropriately fit
within the historic character of the surrounding properties.
3. Availability of Public Services/Facilities:
Police: Police protection will be provided by the Kalispell Police Department. No
unusual impacts or needs are anticipated from the project.
b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department.
Station 61 is approximately 3 blocks from the subject property, giving good response
time. The remodel will be constructed subject to a building permit, ensuring that the
addition will meet building and fire code standards.
C. Water: City water is available and currently serves the property. No changes are
anticipated in conjunction with this project.
d. Sewer: Sewer service is also available and currently serves the property. No changes
are anticipated in conjunction with this project.
Storm Water Drainage: Storm drainage is currently provided with roof drains that
would feed into the adjacent city stormwater system. No additional impervious area
will be added in conjunction with this proposal.
f. Solid Waste: Solid waste pick-up will be provided by the City.
g. Streets: The property fronts on Main Street (Highway 93). No improvements to the
street are required to support the use as all necessary street improvements are already
in place.
h. Sidewalks: There is an existing sidewalk along the full frontage of the property and
no additional improvements are required.
Schools: This site is within the boundaries of School District 95. There would not be
an impact on schools.
Parks and Recreation: No parkland or recreational amenities are required.
4. Neighborhood impacts:
a. Traffic: There is minimal impact on traffic in connection with the proposed use. The
use would not create increased traffic beyond the historical use of the property.
b. Noise and Vibration: The accessory casino will not create additional noise and
vibration beyond the historical use of the property.
C. Dust, Glare, and Heat: The accessory casino would not generate any unreasonable
dust, glare, and heat beyond the building. The gaming operations would generally not
create those impacts.
d. Smoke, Fumes, Gas, or Odors: The accessory casino will not create additional smoke,
fumes, gas and odors. Fumes related to the nail salon, which is not part of this
conditional use permit, will be addressed through building and fire codes.
Hours of Operation: It is anticipated that the accessory casino will be open from 11:00
AM until 11:00 pm.
5. Consideration of historical use patterns and recent changes: The property is located in
the original core commercial area of the city. Throughout the history of Kalispell, this area
has seen a mix of retail, office, restaurants, and other commercial uses, including bars and
similar uses. The general uses in the area have not changed and no changes are anticipated
in the land use pattern.
6. Effects on property values: No significant impacts on property values are anticipated as
a result of the requested conditional use for the accessory casino.
RECOMMENDATION
The staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-03 as findings
of fact and recommend to the Kalispell City Council that the conditional use permit be approved
subject to the following conditions:
CONDITIONS OF APPROVAL
That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. That the development of the site shall be in substantial conformance with the submitted
application and architectural/site plan drawings.
3. Prior to occupancy, the applicant shall apply for a building permit through the City of
Kalispell Building Department to review the proposed addition and improvements.
4. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
5. The following design elements on the exterior of the building as well as exterior signage
are prohibited: (1) any terms such as gaming, gambling, cards, dice, chance, etc; (2) any
reference to any associated activity or any symbols or words commonly associated with
gaming; (3) any words, terms, figures, art work, or features intended or designed to attract
attention to the fact that a casino is on site; and (4) neon lighting.
6. The property owner shall agree to a zoning lot determination, which shall be recorded prior
to commencing the accessory casino use.
Development Services
crr3r �F Department
Kalispell, MT 59901
1K,A11,11SPE1L11, 201 1st Avenue East
Phone (406) 758-7940
CONDITIONAL USE PERMIT
Email: planning(a�kalispell.com Website: www.kalispell.com
Project Name
The Ritz Bar & Salon
Property Address
110 & 116 Main Street
NAME OF APPLICANT
Tristelle Vu
Applicant Phone
406-890-9909
Applicant Address
332 Main Street
City, State, Zip
Kalispell, MT 59901
Applicant Email Address
trishvu@gmail.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
C.M. Clark
Owner Phone
406-261-0027
Owner Address
500 Siblerud Lane
City, State, Zip
Kalispell, MT 59901
Owner Email Address
email address unknown - see attached authorization letter
CONSULTANT (ARCH ITECTIENGINEER)
Dia Sullivan, Architect
Phone
406-250-1016
Address PO Box 233
City, State, Zip Whitefish, MT 59937
Email Address
dsa@cyberport.net
POINT OF CONTACT FOR REVIEW COMMENTS
Dia Sullivan, Architect
Phone
406-250-1016
Address
PO Box 233
City, State, Zip
Whitefish, MT 59937
Email Address
dsa@cyberport.net
List ALL owners (any individual or other entity with an ownership interest in the property):
C.M. Clark
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
KAL, SOT T28 N, R21 W, BLOCK 046, Lot 003
KAL, SOT T28 N, R21 W, BLOCK 046, Lot 004
Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
Development Services
ci i r car Department
KALISPELL Phone
1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
1. Zoning District and Zoning Classification in which use is propsed:
B4, Central Business
2. Attach a site plan of the affected lot which identifies the following items:
a. Vicinity map and surrounding land uses
b. Dimensions and shape of lot
c. Topographic features of lot
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings
f. Existing use(s) of structures and open areas
g. Proposed use(s) of structures and open areas
h. Existing and proposed landscaping, screening, fencing, open space &
signage
i. Exisiting and proposed parking, loading, lighting & traffic circulation
j. Exisiting and proposed garbage collection, streets & utilities
k. Floodplain if applicable
I. Adjacent sidewalks & bike trails
3. Attach Building Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west )
4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing
materials listed above):
a. Traffic flow and control
b. Access to and circulation within the property
c. Off-street parking and loading
d. Refuse/garbage collection and service areas
e. Utilities (water, sewer, electric, etc.)
f. Screening and buffering
g. Signs, yards and other opens spaces
h. Height, bulk and location of structures
i. Location of proposed open space uses
j. Hours and manner of operation
k. Noise, light, dust, odors, fumes, vibration, glare and heat
I. Storm drainage
m. Fire/Police
5. Attach supplemental information for proposed uses that have additional requirements (consult Planner)
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted
forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of
my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I
understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application
signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and
development process.
4-28-21
Applicant Signature Date
Dia Sullivan, Architect (agent for applicant)
Development Services
Department
201
114CALISPELL hone ( Avenue East
Kalispell, MT 59901
Phone406)758-7940
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board Hearing)
A pre -application meeting with a member of the planning staff is required.
Application Contents:
1. Completed application form & attachments
2. A bona fide legal description of the subject property and a map
showing the location and boundaries of the property.
*Note - verify with the Flathead County Clerk & Recorder
that the legal description submitted is accurate and
recordable. They can be reached at (406) 758-5526.
3. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kalispell.com (Please
note the maximum file size to email is 20MB)
4. Application fee based on the schedule below, made payable to
the City of Kalispell:
Single Family
(10 or fewer trips per day)
$250
Minor Residential
(2-4 units or 11-49 trips per day)
$300 + $25/unit
or every 10 trips
Major Residential
(5 or more units or 50+ trips per day)
$350 + $50/unit
or every 10 trips
Churches, schools, public/
quasi -pubic uses
$350
Commercial, industrial,
$400 + $50/acre
medical, golf courses, etc
or unit or $.05/sf
of leased space
over 5,000 scl ft
whichever is greater
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WHEN RECORDED MAIL TO:
Glacier Bank
Kalispell Office
202 Main Street
PO Box 27
Kalispell, MT 59903-0027
RECORDATION REQUESTED BY:
Glacier Bank
Kalispell Office
202 Main Street
PO Box 27
Kalispell, MT 59903-0027
IIIIII7III�IIIII�IAI{Ill�flll?IIi IIIA IY��II�I41il.11lllll llll�i�llllllllllYlll Pape°1or 1127
1 77.00
Paula Robinson, Flathead County MT by A 10/30/201 3:36 PM
SEND TAX NOTICES TO:
Glacier
Recorded by Fidelity National Title
Kalispelll Office
O
202 Main Street
PO Box 27
r�
FHT (90 a2
Kalispell, MT 59903-0027
FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM LIEN. The total principal indebtedness that may be outstanding at any given time which is
secured by this Deed of Trust is $1,988,000.00.
THIS DEED OF TRUST is dated October 30, 2012, among C. M. CLARK, whose address is 500
SIBLERUD LANE, KALISPELL, MT 59901-7884 ("Grantor"): Glacier Bank, whose address is Kalispell
Office, 202 Main Street, PO Box 27, Kalispell, MT 59903-0027 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and FIDELITY TITLE CO., whose address is 130 1ST
AVENUE WEST, KALISPELL, MT 59901 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee for the benefit of
Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real
property, together with all exist ng or subsequently erected or affixed buildings, improvements and
fixtures: all easements. rights of way, and appurtenances: all water, water rights and ditch rights
(including stock in utilities with ditch or irrigation rights): and all other rights, royalties, and profits
relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar
matters, (the "Real Property") located in FLATHEAD County, State of Montana:
Lots 1, 2, 3 and 4 of Block 46 of Kalispell. Montana, according to the map or plat thereof on file
and of record in the office of the Clerk and Recorder of Flathead County, Montana.
The Real Property or its address is commonly known as 100, 110 AND 116 S. MAIN ST., KALISPELL,
MT 59901.
Grantor presently assigns to Lender {also known as Beneficiary in this Deed of Trust) all of Grantor's
right, title, and interest in and to all present and future leases of the Property and all Rents from the
Property. in addition, Grantor grants to Lender a Uniform Commercial Code security interest in the
Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN
THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE
INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE
RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay
to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a
timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related
Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and
use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in
possession and control of the Property; (2) use, operate or manage the Property; and (3) collect
the Rents from the Property. The following provisions relate to the use of the Property or to other
limitations on the Property. The Real Property does not exceed forty (40) acres, and this
instrument is a Trust Indenture executed in conformity with the Small Tract Financing Act of
Montana.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform
IVN11111NIiINgN111uIgqIqN11111uNINqIqIllNllqqIIINIIIINllqlqllla 11,12 0015727
10/30/x61x 3:3s VM
DEED OF TRUST
Loan No: 0170175000580 (Continued) Page 2
all repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During
the period of Grantor's ownership of the Property, there has been no use, generation, manufacture,
storage, treatment, disposal, release or threatened release of any Hazardous Substance by any
person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to
believe that there has been, except as previously disclosed to and acknowledged by Lender in
writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation,
manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance on, under, about or from the Property by any prior owners or occupants of the Property,
or (c) any actual or threatened litigation or claims of any kind by any person relating to such
matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a)
neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use,
generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under,
about or from the Property; and (b) any such activity shall be conducted in compliance with all
applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make
such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine
compliance of the Property with this section of the Deed of Trust. Any inspections or tests made
by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility
or liability on the part of Lender to Grantor or to any other person. The representations and
warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender
for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and 12) agrees to indemnify, defend, and hold harmless Lender against any and all
claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly
sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of
any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to
Grantor's ownership or interest in the Property, whether or not the same was or should have been
known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to
indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of
any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or
suffer any stripping of or waste on or to the Property or any portion of the Property. Without
limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock
products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real
Property without Lender's prior written consent. As a condition to the removal of any
Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real
Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for
purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,
ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to
the use or occupancy of the Property, including without limitation, the Americans With Disabilities
Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold
compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall
do all other acts, in addition to those acts set forth above in this section, which from the character
and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and
payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written
consent, of all or any part of the Real Property, or any interest in the Real Property, A "sale or
transfer" means the conveyance of Real Property or any right, title or interest in the Real Property;
whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed,
installment sale contract, land contract, contract for deed, leasehold interest with a term greater than
III�IIIIIIIIIVINIIpII'NllillIIIlNMAIN 11IRNIN1111111111111 f„s 003717
10/30/201R 3.38 PM
DEED OF TRUST
Loan No: 0170175000580 (Continued) Page 3
three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or
to any land trust holding title to the Real Property, or by any other method of conveyance of an interest
in the Real Property. However, this option shall not be exercised by Lender if such exercise is
prohibited by federal law or by Montana law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of
this Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special
taxes, assessments, charges (including water and sewer), fines and impositions levied against or on
account of the Property, and shall pay when due ail claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens
having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien
of taxes and assessments not due and except as otherwise provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection
with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is
not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen
051 days after the lien arises of, if a lien is filed, within fifteen (15) days after Grantor has not.ce of
the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a
sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to
discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result
of a foreclosure or sale under the lien. 1n any contest, Grantor shall defend itse'f and Lender and
shall satisfy any adverse judgment before enforcement against the Property. Grantor shal. name
Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of
payment of the taxes or assessments and shall authorize the appropriate governmental official to
deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is
commenced, any services are furnished, or any materials are supplied to the Property, if any
mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work,
services, or materials and the cost exceeds $500.00. Grantor will upon request of Lender furnish
to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part
of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with
standard extended coverage endorsements on a replacement basis for the full insurable value
covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also
procure and maintain comprehensive general liability insurance in such coverage amounts as Lender
may request with Trustee and Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to
hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall
be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will
deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to
Lender, including stipulations that coverages will not be cancelled or diminished without at least ten
(10) days prior written notice to Lender. Each insurance policy also shall include an endorsement
providing that coverage in favor of Lender will not be impaired in any way by any act, omission or
default of Grantor or any other person. Should the Real Property be located in an area designated
by the Director of the Federal Emergency Management Agency as a special flood hazard area,
Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after
notice is given by Lender that the Property is located in a special flood hazard area, for the full
unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the
maximum policy limits set under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the
Property if the estimated cost of repair or replacement exceeds $500.00. Lender may make proof
of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any
insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien
affecting the Property, or the restoration and repair of the Property. if Lender elects to apply the
INIIPIIIq IIIJill Jill INNINII0IIIAINnNIIUIgIIINIII1111111iIIIIIIN� Page.4ofIL
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DEED OF TRUST
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proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed
Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such
expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or
restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been
disbursed within 180 days after their receipt and which Lender has not committed to the repair or
restoration of the Property shall be used first to pay any amount owing to Lender under this Deed
of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal
balance of the Indebtedness. If Lender holds any proceeds after payment in full of the
Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year,
Grantor shall furnish to Lender a report on each existing policy of insurance show ng: (1) the name
of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the
then current replacement value of such property, and the manner of determining that value; and (5)
the expiration date of the policy. Grantor shall, upon request of Lender, have an independent
appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect
Lender's interest in the Property or If Grantor falls to comply with any provision of this Deed of Trust or
any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any
amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents,
Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems
appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for
insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for
such purposes will then bear interest at the rate charged under the Note from the date incurred or paid
by Lender to the date of repayment by Grantor. All such expenses will become a part of the
Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of
the Note and be apportioned among and be payable with any installment payments to become due
during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note;
or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The
Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
rights and remedies to which Lender may be entitled upon Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a
part of this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property
in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real
Property description or in any title insurance policy, title report, or final title opinion issued in favor
of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full
right, power, and authority to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will
forever defend the title to the Property against the lawful claims of all persons. In the event any
action or proceeding is commenced that questions Grantor's title or the interest of Trustee or
Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may
be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding
and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will
deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to
time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property
complies with all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made
by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall
be continuing in nature, and shall remain in full force and effect until such time as Grantor's
Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this
Deed of Trust:
Proceedings. If any proceeding in condemnation is filed. Grantor shall promptly notify Lender in
writing, and Grantor shall promptly take such steps as may be necessary to defend the action and
obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its
own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and
documentation as may be requested by Lender from time to time to permit such participation.
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DEED OF TRUST
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Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election
require that all or any portion of the net proceeds of the award be applied to the Indebtedness or
the repair or restoration of the Property. The net proceeds of the award shall mean the award after
payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in
connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following
provisions relating to governmental taxes, lees and charges are a part of this Dead of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents
in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect
and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as
described below, together with all expenses incurred in recording, perfecting or continuing this
Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges
for recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon
this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of
Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of
Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all
or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of
this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may
exercise any or all of its available remedies for an Event of Default as provided below unless
Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided
above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety
bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of
Trust as a security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the
Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by
Lender to perfect and continue Lender's security interest in the Rents and Personal Property. in
addition to recording this Deed of Trust in the real property records, Lender may, at any time and
without further authorization from Grantor, file executed counterparts, copies or reproductions of
this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses
incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any
Personal Property not affixed to the Property in a manner and at a place reasonably convenient to
Grantor and Lender and make it available to Lender within three (3) days after receipt of written
demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which
information concerning the security interest granted by this Deed of Trust may be obtained (each as
required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY•IN-FACT. The following provisions relating to further assurances
and attorney -in -fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will
make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's
designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the
case may be, at such times and in such offices and places as Lender may deem appropriate, any
and all such mortgages, deeds of trust, security deeds, security agreements, financing statements,
continuation statements, instruments of further assurance, certificates, and other documents as
may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and
the Related Documents, and (2) the liens and security interests created by this Deed of Trust as
first and prior liens on the Property, whether now owned or hereafter acquired by Grantor, Unless
prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all
costs and expenses incurred in connection w th the matters referred to in this paragraph.
Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph
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Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes,
Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making,
executing, delivering, filing, recording, and doing all other things as may be necessary or desirable,
in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the
obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee
a request for full reconveyance and shall execute and deliver to Grantor suitable statements of
termination of any financing statement on file evidencing Lender's security interest in the Rents and the
Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by
applicable law.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default
under this Deed of Trust:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or
condition contained in this Deed of Trust or in any of the Related Documents or to comply with or
to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition
contained in this Deed of Trust, the Note or in any of the Related Documents.
Oefault on Other Payments. Failure of Grantor within the time required by this Deed of Trust to
make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to
effect discharge of any lien.
Environmental Default. Failure of any party to comply with or perform when due any term,
obligation, covenant or condition contained in any environmental agreement executed in connection
with the Property.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit.
security agreement, purchase or sales agreement, or any other agreement, in favor of any other
creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay
the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or
any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by
Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or
misleading in any material respect, either now or at the time made or furnished or becomes false or
misleading at any time thereafter,
Defective Collaterafi:ation. This Deed of Trust or any of the Related Documents ceases to be in full
force and effect (including failure of any collateral document to create a valid and perfected security
interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a
receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,
whether by judicial proceeding, self-help, repossession or any other method, by any creditor of
Grantor or by any governmental agency against any property securing the Indebtedness. This
includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender.
However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the
validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined
by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement
between Grantor and Lender that is not remedied within any grace period provided therein,
including without limitation any agreement concerning any indebtedness or other obligation of
Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,
endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser,
surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness.
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DEED OF TRUST
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Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender
believes the prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default In payment is curable and if Grantor has not been
given a notice of a breach of the same provision of this Dead of Trust within the preceding twelve
112) months, it may be cured it Grantor, after Lender sends written notice to Grantor demanding
cure of such default: (1) cures the default within fifteen (151 days; or (2) if the cure requires
more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole
discretion to be sufficient to cure the default and thereafter continues and completes all reasonable
and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any
time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any
other remedy, and an election to make expenditures or to take action to perform an obligation of
Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right
to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to
declare the entire Indebtedness immediately due and payable, including any prepayment pena;ty
which Grantor would be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in
either case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the
rights and remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and
manage the Property and collect the Rents, including amounts past due and unpaid, and apply the
net proceeds, over and above Lender's costs, against the Indebtedness. in furtherance of this
right, Lender may require any tenant or other user of the Property to make payments of rent or use
fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates
Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the
name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other
users to Lender in response to Lender's demand shall satisfy the obligations for which the
payments are made, whether or not any proper grounds for the demand existed. Lender may
exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all
or any part of the Property, with the power to protect and preserve the Property, to operate the
Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may
serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist
whether or not the apparent value of the Property exceeds the Indebtedness by a substantial
amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold
as provided above or Lender otherwise becomes entitled to possession of the Property upon default
of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property
and shall, at Lender's option, either (t) pay a reasonable rental for the use of the Property, or (2)
vacate the Property immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of
Trust or the Note or available at law or in equity.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale
of the Personal Property or of the time after which any private sale or other intended disposition of
the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in
conjunction with any sale of the Real Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all
rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or lender
shall be free to sell all or any part of the Property together or separately, in one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of
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� DEED OF TRUST
Loan No: 0170175000580 (Continued) Page 8
this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge
reasonable as attorneys' fees at tria' and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in
r Lender's opinion are necessary at any time for the protection of its interest or the enforcement of
its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the
Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
include, without limitation, however subject to any limits under applicable law, Lender's attorneys'
fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees,
E paralegal fees, and expenses for bankruptcy proceedings (including efforts to modify or vacate any
r automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the
j cost of searching records, obtaining title reports lincluding foreclosure reports), surveyors' reports,
i and a P Y
) appraisal fees, title insurance, and fees for the Trustee, to the extent permitted b applicable
licable
law. Grantor also will pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this
section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and
obligations of Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall
have the power to take the following actions with respect to the Property upon the written request
of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including
the dedication of streets or other rights to the public; (b) join in granting any easement or creating
any restriction on the Real Property; and (c) join in any subordination or other agreement affecting
this Deed of Trust or the interest of Lender under this Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale
under any other trust deed or lien, or of any action or proceeding in which Grantor. Lender, or
Trustee shall be a party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition
to the rights and remed:es set forth above, with respect to all or any part of the Property, the
Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to
foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by
applicable law.
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee
to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by
Lender and recorded in the office of the recorder of FLATHEAD County, State of Montana. The
instrument shall contain, in addition to all other matters required by state law, the names of the
original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and
the name and address of the successor trustee, and the instrument shall be executed and
acknowledged by Lender or its successors in interest. The successor trustee, without conveyance
of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this
Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the
exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any
notice of default and any notice of sale shall be given in writing, and shall be effective when actually
delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited
with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,
as first class, certified or registered mail postage prepaid, directed to the addresses shown near the
beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which
has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving
formal written notice to the other parties, specifying that the purpose of the notice is to change the
party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's
current address. Unless otherwise provided or required by law, if there is more than one Grantor, any
notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of
Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire
understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No
alteration of or amendment to this Deed of Trust shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall
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DEED OF TRUST
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furnish to Lender, upon request, a certified statement of net operating income received from the
Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net
operating income" shall mean all cash receipts from the Property less all cash expenditures made in
connection with the operation of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and
are not to be used to interpret or define the provisions of this Deed of Trust.
Merger. There sha;l be no merger of the interest or estate created by this Deed of Trust with any
other interest or estate irk the Property at any time held by or for the benefit of Lender in any
capacity, without the written consent of Lender.
Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the
extent not preempted by federal law. the laws of the State of Montana without regard to Its
conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of
Montana.
Choice of Venue. It there is a lawsuit, Grantor agrees upon Lender's request to submit to the
jurisdiction of the courts of Flathead County. State of Montana.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of
Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the
part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waver of
Lender's right otherwise to demand strict compliance with that provision or any other provision of
this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and
Grantorr shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to
any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the
granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent instances where such consent is required and in all cases such consent may be granted
or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be
illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending
provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending
provision shall be considered modified so that it becomes legal, valid and enforceable. if the
offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust.
Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of
this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of
this Deed of Trust.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of
Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties,
their successors and assigns. If ownership of the Property becomes vested in a person other than
Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to
this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing
Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the
homestead exemption laws of the State of Montana as to all Indebtedness secured by this Deed of
Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used
in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall
mean amounts in lawful money of the United States of America. Words and terms used in the singular
shall include the plural, and the plural shall include the singular, as the context may require. Words and
terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in
the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means Glacier Bank, and its successors and assigns.
Borrower. The word "Borrower" means C. M. CLARK and includes all co-signers and co -makers
signing the Note and all their successors and assigns.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and
Trustee, and includes without limitation all assignment and security interest provisions relating to
the Personal Property and Rents. This Deed of Trust is intended to be a trust indenture as provided
for in the Sma I Tract Financing Act of Montana.
Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled
1fINlII1fIf1Vf11lIII�'K11111�I��I�I�V N!l�11111i�BIIf1�11�1UfI�iNp Page: loaf 11
1j 201200025127
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� DEED OF TRUST
Loan No: 0170175000580 1Continued) Page 10
"Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local
statutes, regulations and ordinances relating to the protection of human health or the environment,
including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"1, the Superfund
Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this
Deed of Trust in the events of default section of this Deed of Trust.
Grantor. The word "Grantor" means C. M. CLARK.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or
accommodation party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a
present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words
"Hazardous Substances" are used in their very broadest sense and include without limitation any
and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also includes, without limitation,
petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction an the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions
of, modifications of, consolidations of and substitutions for the Note or Related Documents and any
amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred
by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with
interest on such amounts as provided in this Deed of Trust.
Lender. The word 'Lender" means Glacier Bank, its successors and assigns.
Note. The word "Note" means the promissory note dated October 30, 2012, in the original
principal amount of $1,988,000.00 from Grantor to Lender, together with all renewals of,
extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE
INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles
of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed
to the Real Property; together with all accessions, parts, and additions to, all replacements of, and
all substitutions for, any of such property; and together with all proceeds (including without
limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the
Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further
described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, Credit
agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds,
collateral mortgages, and all other instruments, agreements and documents, whether now or
hereafter existing, executed in connection with the Indebtedness; except that the words do not
mean any guaranty or environmental agreement, whether now or hereafter existing, executed in
connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties,
profits, and other benefits derived from the Property.
Trustee. The word "Trustee" means FIDELITY TITLE CO., whose address is 130 1ST AVENUE
WEST, KALISPELL, MT 59901 and any substitute or successor trustees.
!Alll81III I niNllli611llifIINIUMlnNI1NIU1 0101111111 nl Nln1llll!nH 201200025727
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10/30/ 2012 3:30 PM
DEED OF TRUST
Loan No: 0170175000580 (Continued) Page 11
GRANTOR ACKNOWLE�S HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
GRANTOR AGREES-W-IT TERMS.
X - \.-, y
C. M. CLARK
INDIVIDUAL ACKNOWLEDGMENT
STATE OF _ Ay,O do j. I
_ / ) SS
COUNTY OF r41 &I I
This instrument was acknowledged before me on - 0, 4 Ut, 30 20_/a by C. M.
CLARK.
*Eti Va "IC'IAFL I UNGt:*LD
v NJTAHYPUBLIC Iorthe
2 t, I$1a;2 of P!on:ana
* SEAL" �_, �;,sr:e'sI,Montana
2r15
[Type or Print Name]
Notary Public for the State of Montana
Residing at
My commission expires _
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid in full)
To: , Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. Ali
sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon
payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any
applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together
w,th this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of
this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance
and Related Documents to:
Date: _ _ Beneficiary:
By:
Its:
LASER PRO Lending, Ver, 12.3.0.004 Copr. Harland Financial Solutions, Inc. 1997, 2012. All Rights
Reserved. - MT L:ICFIILPL1GO1.FC TR-50256 PR-23
C.M. CLARK
500 Siblerud Lane
Kalispell, MT 59901
April 26, 2021
To Whom It May Concern,
As owner of lots 3 and 4, block 46, City of Kalispell, aka KB Bar and Casino, 110 and 116 S. Main
St., Kalispell MT. please use this letter as authorization for Tristelle Vu to proceed with her CUP
Application to add the casino as an accessory to the business.
Please feel free to call me if you need additional information.
Sinc ely,,/
C.M. Clark
406-261-0027
DIA SULLIVAN
ARCHITECT, PLLC
April 28, 2021
To: Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Re: CUP Application and Submittal for Architectural Review
The Ritz Bar and Salon
110 & 116 Main Street
Kalispell, MT 59901
Description of Request: Purpose of the request for a Conditional Use Permit is to allow a casino
as an accessory permitted use in the B4 zone, per Section 27.34.040. "The casino is considered
accessory to the primary use, (the Bar and Salon), and the primary use and its associated
facilities constitute at least 80% of the proposed floor space and casino." See drawing sheet
A2.1 showing accessory casino to be 12% and the primary use to be 88%.
Attachments: CUP Application
Copy of Authorization Letter from current owner.
Copy of Deed of Trust
*List of Drawings: (shall apply to both CUP and Architectural Review)
A1.0 — Cover Sheet, Code Analysis, General Notes, Details
A2.0 — Alteration and Demolition Plan
A2.1 — Life Safety / Work Area Plan
A3.0 — Exterior Elevation — Facade Restoration
A3.1 — Exterior Restoration Details
*Please note that this set should be also resubmitted to the Building Department
as a revised set to the previous Permit Submittal made on March 30, 2021.
P.O. Box 233
WHITEFISH, MONTANA 59937
406-250-1016
DSA@CYBERPORT.NET
The Ritz — CUP/ARC/Permit
4-28-21
Page 2 of 3
Supplemental Information — CUP application:
1. Zoning is B4, Central Business
2. Site Plan —not applicable as a drawing for this project. Following is informational:
a. These are two downtown lots that will be aggregated as part of the sale.
b. Each lot is rectangular, 25'x100'.
c. There are no topographic features.
d. Building is 50'x100' and is at zero lot line. Built in 1928 as two building with shared
masonry wall at center lot line, the line to be abandoned.
e. No proposed new buildings.
f. Existing use is a bar and restaurant. No open areas.
g. Proposed use is a bar, nail salon and accessory casino. No open space.
h. Not applicable.
Parking located on Main Street to east and across alley to west is a City parking lot.
Existing loading, lighting (existing streetlight is in front of building) and traffic
circulation will remain the same with access from sidewalk off Main Street. Delivery
loading from alley to remain accessible. No proposed changes.
Existing garbage collection is off alley. Street access off Main to front and off alley
from 1st and 2nd Streets West will remain. No proposed changes. Utilities serving
existing building will remain. No proposed changes.
k. Not applicable.
1. Adjacent sidewalk is in front of the building. City proposed bike trails will be 2
blocks away as part of the Core Area Trail Plan.
3. See drawing sheet A3.0 for east elevation facade restoration. No changes to other
building elevation.
4. Discussion:
a. Existing traffic flow on Main Street will not be affected by this project.
b. Access will be off the front sidewalk at Main Street and off the alley at rear building
exits.
c. No off-street parking or loading required in this Zone.
d. Existing refuse and garbage collection from container in alley will remain the same.
e. Existing utilities will remain in place and continue to service the building.
f. The accessory casino will be screened from the public sidewalk with an interior wall
that blocks the casino activity from any view through the windows along Main Street.
g. There will be no signage on the exterior of the building indicating there is a casino
within the building.
The Ritz — CUP/ARC/Permit
4-28-21
Page 3 of 3
h. The height, bulk and location of the building will remain the same. However, as part
of this submittal, the facade of the building is proposed to be restored back to an
historic reference of the original with modifications to suit the present use. Details
will be historically appropriate and based on the draft Kalispell Design Guidelines —
Downtown Historic District Overlay. The building is listed as a "contributing"
building on the National Register of Historic Places as part of the Main Street
Historic District. The building's historic name is the Halliday-Boysen Block and was
constructed in 1928.
i. Not applicable.
j. Hours of operation for the casino will be 11:00 AM to 11:00 PM. The casino
machines will be leased through a route operator and daily operation will be managed
and supervised by the building owner and/or house manager.
k. There will be no noise, light, dust, odors, fumes, vibration, glare or heat generate by
the activities in the casino. Any sounds would not extend beyond the area of the
casino and would not dissipate to the exterior of the building.
1. The building is served presently by the existing city storm drain. That will not
change.
m. Fire and police facilities are located within 3 city blocks of the subject building.
- Kalispell Growth Policy Exhibit - May 13th, 2021
NORTH 110-116 Main St
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Kalispell Grand Hotel, LLC
Iconic Properties, LLC
June 6, 2021
Attn: Mayor Johnson Via Email
Kalispell City Council
RE: Opposition to Casino License for the Kalispell Bar on Main Street, Kalispell
Dear Mayor and Members of the City Council,
In September, my wife and I purchased the Kalispell Grand Hotel and its historic building
through our companies Kalispell Grand Hotel, LLC and Iconic Properties, LLC. We made a
significant investment for our family in Kalispell because we have come to love the community
and because we understand the importance of this property to the people of Kalispell and to the
future of Kalispell as a tourist destination. Since our purchase of the hotel, we have spent a lot of
time in Kalispell. My wife, Noelle, has joined the TBID board as Treasurer and we have made
an effort to get to know as many of our fellow business owners as possible in the Downtown
Historic District. We are excited about the potential of our town and the Flathead region, but are
very concerned about the possibility of the Kalispell Bar operating a casino on Main Street.
Kalispell is at an inflection point. The strategic plan and the execution of this plan by the City,
Discover Kalispell, and the Downtown Association was an important driver of our investment in
Kalispell. The efforts of these organizations have been successful in the promotion of Kalispell
as a tourist destination and in attracting significant investment like ours into the
historic downtown.
In its historic downtown, Kalispell has something that sets it apart from other cities in Montana
to attract visitors ---an unspoiled historic Western commercial center. Our actions today will
determine whether Kalispell continues on its path forward or is diverted from the goal, which
could result in years of lost time and millions of dollars in wasted investment and
opportunity. Many towns in America have lost their historic character through unplanned and
unsupervised development. We do not want Kalispell to become one of them.
Kalispell must choose to continue to pursue its strategic plan for the historic downtown, and to
promote unique Montana businesses, restaurants, bars, galleries, shops, hotels --- differentiators
that will set Kalispell on a path to become more than just a commercial center for the Flathead
region, but a destination in its own right. With our airport, historic center, hospitals, and central
location convenient to the parks, the lake, rivers, Whitefish, Bigfork, and surrounding
communities and attractions, Kalispell has many advantages, and a bright future if it stays true to
the careful strategy that it has pursued for years.
In the alternative, Kalispell can allow development such as casinos and similar businesses on
Main Street that are not on point with its strategy. Once allowed, businesses are very difficult to
move. Businesses that not only do not attract tourists and visitors, but repel them, will delay or
eliminate our opportunity to make Kalispell what it could be. It is for this reason that we oppose
the issuance of a casino license to the new owners of the Kalispell Bar, which is our next -door
neighbor. We do not make this decision lightly. We share a wall with our new neighbors, and
want them to be successful. However, we believe that granting a casino license to the Kalispell
Bar property will not only imperil our business, but will imperil the strategy for the downtown
historic district and with it, the success of all downtown businesses.
There is no need for an additional casino in Kalispell, which has no shortage of casinos. Indeed,
there is already a casino almost directly across the alley, less than thirty yards from the Kalispell
Bar property. The existing casino behind the Kalispell Bar already attracts patrons who spill out
in the alley behind the Kalispell Grand Hotel and other businesses on Main Street, yelling,
fighting, and causing disturbances for our guests in the late evenings and early morning
hours. Additional loud and disruptive activities from a casino on Main Street will negatively
impact our business, all other businesses in the vicinity, and will put the guiding strategy of the
downtown plan in jeopardy. For these reasons, we oppose the potential casino license.
Please vote against the issuance of a casino license to the Kalispell Bar property on Main Street.
Regards,
��44� 11�
John H. Barr, Jr.
Managing Member, Kalispell Grand Hotel, LLC
Managing Member, Iconic Properties, LLC
Kalispell City Mayor and Councilors:
The attached Petition is requesting denial of the conditional use permit
casino permit at 116 So. Main St. the petition was circulated to the shop
owners and land owners of the 100 block of Main on June 5th.
Please consider this request, and deny the casino application.
Thank You
PETITION: Denying Request For Casino
# 110 and # 116 Main Street Kalispell, Montana
In the interest of public safety and well-being, we, the undersigned, agree that File # KCU-21-03,
be denied. This file is a request for a conditional use permit, allowing an accessory casino within the
B4 (Central Business) zone. This property is located at 110/116 Main Street, in Kalispell, Montana.
We are in agreement that only family -friendly, positive options for the Flathead Valley Families
and Tourists be considered.
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PETITION: Denying Request For Casino
# 110 and # 116 Main Street Kalispell, Montana
In the interest of public safety and well-being, we, the undersigned, agree that File # KCU-21-03,
be denied. This file is a request for a conditional use permit, allowing an accessory casino within the
B4 (Central Business) zone. This property is located at 110/116 Main Street, in Kalispell, Montana.
We are in agreement that only family -friendly, positive options for the Flathead Valley Families
and Tourists be considered.
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