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04/21/06 Voelker/Developer Agreementrage 1 of i From: ghgrobert@aol.com Sent: Friday, April 21, 2006 7:53 AM To: charball@kalispell.com; James Patrick Subject: Developer Agreement Charlie and Jim, The agreement you sent is not what we had discussed: My comments are as follow: 1. We have continually discussed having this project under construction as soon as possible in May so completion could be scheduled in May 07. The stipulations on the building permit is not reasonable. Please revise paragraph 2.01. 2 On page 3 item Number 2 must be deleted. Jim and I discussed this. This is a long process which will include a traffic study. This process is lengthy. The reality is nothing can change since the property already has three permitted access points. The worse case is one is deleted. 3.Item # 5 on page 3, should say that access to the Casino from the outside will be through the Blue Canyon Restaurant sharing a common entrance. 4. I am not sure if page 3 reflects the funds available through the TIFF or not , but we have always spoke of 10% of the project costs or $1.2M. Further items we discussed that would be covered under the TIFF would include the the following: * The land that the conference center and parking sits on of approximately 60,000 sq ft. * item #2 under section IV is incomplete. Needs to also include lighting.5. 5. There should be a section that clarifies the responsibility of the contaminated soil. The City will pay for the same. 6. Need you clarification of the section on Security Guaranteeing of 125%. Lastly we have discussed a buy sell agreement on the land to be completed for signature on May 2nd. This should be drafted now so we can go to contract on the second. I will need the payment for the land to be affective with the funding of the project and contingent on us obtaining conditional approval of the liquor license. Please give me a call as soon as you can so I can answer any of your questions. Bob Robert Voelker Gateway Hospitality Group 8920 Canyon Falls Blvd., Ste. 125 Twinsburg, OH 44087 (T)440-336-0853 (F)330-405-9898 4/21/2006 J f 4