04-15-24 Contract for Development Addendum - GarageCONTRACT FOR DEVELOPMENT ADDENDUM
This Contract for Development Addendum ("Addendum") is effective ri 1 (5, 2024.
BETWEEN: City of Kalispell, Montana, a Montana municipal corporation
(the "City") with offices at 201 1st Ave. E., Kalispell, MT 59901.
AND: Kalispell Garage Apartment Partners, LLC (the "Developer")
of 208 V Ave. E., Kalispell, MT 59901.
WHEREAS, the Parties entered into the Contract for Development on October 6, 2022 (the
"Development Contract").
WHEREAS, the Parties desire to amend the Development Contract on the terms and conditions
set forth in this Addendum.
WHEREAS, this Addendum is the first amendment to the Development Contract, excluding
prior agreements by the Parties to extend the deadlines set for in the Development Contract.
NOW, THEREFORE, the Parties agree to amend their obligations in the existing Development
Contract and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree to keep, perform, and fulfill the promises, conditions, and
agreements below:
Section 1. Amendments.
Section 1.1 Financing Contingency Amendment. Section 3.4 of the Contract shall be
amended as follows: This agreement shall be contingent upon Developers' ability to obtain
financing for the Minimum improvements, and if Developer is unable to obtain financing by
March 31, 2029, this Agreement shall be terminated, of no further force and effect, and the
parties shall have no further obligation to each other.
Section 1.2 Commencement and Completion of Construction Amendment. Section 4.4 of
the Contract shall be amended as follows: Subject to Unavoidable Delays, the Developer shall
commence construction of the Minimum Improvements no later than March 31, 2029. Subject to
Unavoidable Delays, the Developer shall have substantially completed the construction of the
Minimum Improvements no later than December 31, 2031. All work with respect to the
Minimum Improvements to be constructed or provided by the Developer on the Development
Property shall be in conformity with the Construction Plans. The Developer shall make such
reports to the City regarding construction of the Minimum Improvements as the City deems
necessary or helpful in order to monitor progress on construction of the Minimum
Improvements.
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Section 2. No Other Changes. Except as otherwise expressly provided in this Agreement, all
of the terms and conditions of the Development Contract remain unchanged and in full force and
effect.
CITY OF KALISPELL, MONTANA
By
Do g Ru el(, City Manager
STATE OF MONTANA )
) ss.
Cowity of Flathead )
On this 10 day of J L4-n e-- , 2024, before me, a Notary Public for the State of
Montana, personally appeared Doug Russell, proved to me to be the person whose name is
subscribed to the written instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
r
NO Y PUBLIC for the State of Montana
Printed Name:
SEAL Residing at:
My Commission expires:
AIMEE BRUNCKHORST
NOTARY PUBLIC for the
'\A,
'-=
State of Montana
=�NOTARIAL
-* SEAL *=
Residing at
Paz
Lakeside, Montana
My Commission Expires
December 04, 2024
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Kalispel Garage Apartment Partners, LLC
By Montana Hotel Development Partners, LLC
Manager of Kalispell Garage Apartment Partners, LLC
By: BDD, LLC
Member of Wentaya Hotel Development Partners, LLC
Goldberg, Manager of
STATE OF A 7py,,o)
ss.
County of C� )
On this 1 X day of /� p-r', I , 2024, before me, a Notary Public for the State of
7 ay -\A , personally appeared Bill Goldberg, as Manager of BDD, LLC, which is a
Member of Montana Hotel Development Partners, LLC, which is the Manager of Kalispell
Garage Apartment Partners, LLC, proved to me to be the person whose name is subscribed to
the written instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the
day and year hereinabove first written.
9�4&er<r KUSHAN PANDIT
'b Notary Public - Arizona NOT Y LIC for the State of Art zO"a
MARK County Printed ame: iGuSi.��
Commission ion 8643170
M omm. Expires MARCH 21, 2027 ,
AL Residing at: �1,vrr rl k F A
My Cominisssiione�expires: 03I-21 1.20.24.
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