Buckwalter/Extension of Construction Commencement 05/10/23MARK W. BUCKWALTER'
JOANNA N. GALBRAITH
LAURA J. WEBB**
Johnna Preble
Kalispell City Attorney
201 First Avenue East
Kalispell, MT 59901
BUCKWALTER
GALBRRAITH
OC
W E B B
May 10, 2023
*Licensed in Idaho and Montana
**Licensed in California, Montana
and Washington
Via e-mail (joreble@katispell.com
Re: Extension of Commencement of Construction, and Substantial Completion Date
in Contract for Private Development for Hotel, Parking and Multi -Family
Structure
Dear Johnna:
Pursuant to Section 4.4 of the Contract for Private Development between Kalispell Urban
Resort Partners, LLC ("KURP") and the City of Kalispell, Montana dated January 12, 2022, my
client, KURP, would like to extend the commencement of construction date in Section 4.4 to
March 31, 2024, and the substantial completion date for the hotel set forth in Section 4.4 to June
30, 2026.
Additionally, Kalispell Garage Apartment Partners, LLC ("KGAP") would like to extend
like to extend the commencement of construction date for the garage and multi -family in Section
4.4 of the Contract for Private Development between KGAP and the City of Kalispell, Montana
dated October 6, 2022 to March 31, 2024, the substantial completion date for the garage to June
30, 2026, and the substantial completion date for the multi -family to December 31, 2026. While
it is my client's intent to have financing in place prior to these dates and complete the hotel, garage
and multi -family in a timely manner, the revised plan for the hotel, garage and multi -family is
requiring some additional due diligence. If you would please have the appropriate City of Kalispell
official sign below indicating approval to the requested extensions and return a signed copy to my
office, that would be much appreciated.
Sincerely,
s' Mark W. Buckwalter
Mark W. Buckwalter
mark -.'.a,. bgwf i rm. com
406.314,6444 (OFFICE) l 406.890.6705 (FAX)
40 2ND STREET EAST, SUITE 222 1 KALISPELL, MT 59901
WWW.BGWFIRM.COM
Johnna Preble
Kalispell City Attorney
May 10, 2023
Page 2
EXTENSION OF COMMENCEMENT OF CONSTRUCTION DATE FOR HOTEL IN
SECTION 4.4 TO MARCH 31, 2024, EXTENSION OF SUBSTANTIAL COMPLETION DATE
OF HOTEL IN SECTION 4.4 TO JUNE 30, 2026, EXTENSION OF COMMENCEMENT OF
CONSTRUCTION DATE FOR GARAGE AND MULTI -FAMILY STRUCTURE IN SECTION
4.4 TO MARCH 31, 2024, EXTENSION OF SUBSTANTIAL COMPLETION DATE OF
GARAGE IN SECTION 4.4 TO JUNE 30, 2026, AND EXTENSION OF SUBSTANTIAL
COMPLETION DATE OF MULTI -FAMILY TO DECEMBER 31, 2026, APPROVED.
CITY OF KALISPELL, MONTANA
BY:
ITS: