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10-10-22 Construction and Maintenance Easement
Return to: Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903-1997 11111111IN Page: 64 017 Debbie Pierson, Flathead County MT by lW 10/20/202Fees2 1:54 PM CONSTRUCTION AND MAINTENANCE EASEMENT THIS EASEMENT granted this �h day of , 2022 by and between WSPGB MALL L.L.C., a Foreign Limited Liability Company, in care of Goodale & Barbieri Company, of 818 W. Riverside Ave, Ste 300, Spokane, WA 99201, hereinafter called GRANTOR, and the City of Kalispell, a Municipal Corporation, of P.O. Box 1997, Kalispell, MT 59903, hereinafter called GRANTEE. WITNESSETH. GRANTOR is the owner, in fee, of the following described real property, hereinafter referred to as the GRANTOR property: Tract I of Certificate of Survey No. 6921 of record in the Office of Clerk and Recorder, �- Flathead County, Montana and situated in the S1/2 of the Si/2 of Section 7, Township 28 North, Range 21 West, PMM, Flathead Montana For value received, GRANTOR does hereby grant to GRANTEE, a construction easement and right of way in, over, and across the asphalt parking lot located within the GRANTOR property according to the Certificate of Survey No. 6921 of record in the office of the Flathead County Clerk and Recorder of Flathead County, Montana in order to construct and maintain trail side improvements described below and specifically located within the boundaries set forth in the map and/or legal description provided as EASE A in Exhibit "A" and more particularly shown in Exhibit "A -A," attached hereto and fully incorporated herein by this reference. A construction easement is granted herein for the purpose of providing GRANTEE and its agents the right to construct a concrete plaza, landscape, irrigation, pavers, electrical utility, storm water pipe and similar improvements as shown in the City of Kalispell Trail and Complete Street Project 100% Design plans to be located within the boundaries set forth in the map and/or legal description provided as EASE A in Exhibit "A" and more particularly shown in Exhibit "A -A," attached hereto and fully incorporated herein by this reference, together with the limited right of ingress and egress in, over and across the asphalt parking lot of the GRANTOR property in order to access the easement area to perform the aforementioned construction and maintenance as set forth below. GRANTEE shall be responsible to restore all surfaces disturbed as the result of the construction and maintenance to the same or better condition that existed immediately prior to the construction or maintenance and all work shall be done in a timely and workmanlike manner. GRANTEE shall be responsible for all future maintenance of the improvements it causes to be constructed within the easement herein described. All costs in connection therewith shall be paid by GRANTEE with no harm or costs to GRANTOR. Nothing with this CONSTRUCTION AND MAINTENANCE EASEMENT shall negatively harm GRANTOR, its affiliates, or its properties. If GRANTEE fails to maintain the improvements as set forth in this Easement and such failure shall not have been corrected within thirty (30) calendar days following receipt of written notice thereof, or if such failure is such that it cannot be corrected within thirty (30) calendar days and GRANTEE shall not have commenced to correct such violation within thirty (30) calendar days, then GRANTOR may, in addition to whatever other rights and remedies it may have at law or in equity, take such action which is considered to be commercially reasonable and prudent in scope and cost to correct the violation for and on behalf of GRANTEE at GRANTEE's expense. Upon completion of such cure, the GRANTOR shall invoice GRANTEE for the reasonable costs and expenses incurred by GRANTOR in correcting such failure. The cure or correction of the failure by GRANTOR shall not be deemed to waive the default, unless GRANTEE makes payment to GRANTOR within the periods set forth in this paragraph. GRANTOR shall not impair GRANTEE's use of the easement described above; however, GRANTOR shall have the right to install, construct, maintain, repair, and replace utilities within the easement area, or to grant to third -parties the right to do the foregoing, provided that GRANTOR, or such third party, restores all improvements disturbed as result of the foregoing to the same or better condition that existed immediately prior to the construction or maintenance and all work is done in a timely and workmanlike manner. Any easement granted to, purchased, or utilized by GRANTEE or any affiliates on the GRANTOR property shall in no way be used for commercial purposes GRANTEE or any affiliates, successors, assigns, licensees, or invitees shall have no use or rights to use the area with the exception of maintenance and construction. GRANTOR reserves its exclusive right to use and occupy the property for any legal purpose. By GRANTEE'S acceptance of this Easement, GRANTEE agrees to indemnify and save harmless GRANTOR, its heirs, successors, and assigns, and each of them, from any and all damages, liability, and expense (including reasonable attorney fees) resulting from any claims, demands, actions, liabilities, damages, and/or causes of action of any kind for injury to persons or property, including death, arising out of anyone one's use of the easement or exercise of the rights granted herein. If GRANTEE or its agents maintain insurance for the use and risk associated with the easement grant herein, then GRANTEE or its agents shall name GRANTOR as an additional insured. Return to: Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903-1997 The location of this Easement may be relocated or terminated upon the mutual agreement of both GRANTOR and GRANTEE. Neither this Easement nor any rights granted herein shall be assigned by GRANTEE without first obtaining the written consent of GRANTOR. [Remainder of Page Intentionally Left Blank] WSPGB MALL L.L.C., a Utah limited liability company By: WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited partnership, Its Manager By: WSP TRUFFLES L.L.C., a Delaware limited liability company, Its General Partner By: WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited liability company, Its Manager By: WOODBURY CORPORATION, a Utah corporation, Its Authorized Representative am O. Randall Woodbury, President M .W Return to: Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903-1997 ACKNOWLEDGMENTS STATE OF UTAH . ss. COUNTY OF SALT LAKE ) On the _�� day of 2022, before me personally appeared O. RANDALL WOOD B RY, to me personally known, who being by me duly sworn did say that he is the President of WOODBURY CORPORATION, a Utah corporation, known to be the Authorized Representative of WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited liability company, Manager of WSP TRUFFLES L.L.C., a Delaware limited liability company, General Partner of WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited partnership, Manager of WSPGB MALL L.L.C., the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. TIFFANY STEELE Notary Public State of Utah My Commission Expires on: March 09, 2026 Comm. Number: 723088 o ary ipt ll STATE OF UTAH : ss. COUNTY OF SALT LAKE On the 10 }h day. of V lu h tr 2022, before me personally appeared , to me personally known, who being by me duly sworn did say that he is the �,�A 4 rw n n of WOODBURY CORPORATION, a Utah corporation, known to be the Authorized Representative of WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited liability company, Manager of WSP TRUFFLES L.L.C., a Delaware limited liability company, General Partner of WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited partnership, Manager of WSPGB MALL L.L.C., the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating greement. //. - . LAUWE HIGGS Notady Public py • Notary Public State of Utah MV COmmkkm Expires on: Apra omm. Number: 724393 EXHIBITS "A" and "A -A" EXHIBIT A Highway g3 MALL PROPERTY EASEMENTS EASE A Block 26 N79° 36' 35"E 20.65' First pNe WN _ Block 27 Rail Easement Per Parcel D COS No. 21492 Second AVe. Block 28 CITY OF KALISPELL FLATHEAD COUNTY mmmm numm- L' 0 T �rh d pve WN Block 29 Fourth, EASE B WSPGB MALL LLC (Mall Property) Tract 1 COS No. 6921 r r Block 30 �l►. EASE C /►= - �-z - 100 0 100 200 SCALE FEET EASE A = 0.12 Acres EASE B = 0.42 Acres EASE C = 0.24 Acres EASE D = 0.09 Acres EASE A EASE B N EASE C EASE D c a� U EXHIBIT A -A MALL PROPERTY EASE A EASEMENT A EASE B g3 � LINE EASE C N1G HWAY WESTERLY EASE D S10° 23' ATE 54.72 �z - NE COR. Ease A 20 0 m 40 COS. 6921 0.12 Acres SCALE FEET co EASE A = 0.12 Acres N 3 N cq co e- O) co v Z t0 = w U rn - �, M EASE B m 00 N WSPGB MALL LLC 0 N (Mall Property) 0 Tract 1 N cos No. 6921 a II z BLOCK 26 0 N 11 J O vrn = Q O N 'T1 (D N N N 6� A CO N CITY OF KALISPELL FLATHEAD COUNTY N79° 36' 35"E mmmu 20.65' BumsFIRST AVE WN <<5L] Drawn By Surveyed By Approved By Project No. Date R.HOFER J. STEFANIK M. ROHWEDER 1824-01074 5 04 2021 May 04. 2021 - 3:02pm - K1Projects\ProfServicesWtaPlanningDeslgn\1624 01074 KallspellTraiRCAD\EasementExhibitsXMallEasement.dwg (EXHIBIT A -A) © KLJ 2021