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Tab 07 Consent to Decline BenefitCONSENT TO DECLINE BENEFIT WHEREAS, the City of Kalispell, Montana has created Special Improvement District No. 343 for the purpose of making certain infrastructure improvements in and on Heritage Way and Sunnyview Lane within the corporate limits of the City, and WHEREAS, Northwest Healthcare Corporation owns certain real property within the area subject to said Special Improvement District No. 343, described in this Consent to Decline Benefit (this "Consent"), as ""SID Lot No. 41f, and more particularly described 'in Exhibit "A" attached hereto, which is subject to assessments under SID No. 343 on the basis of area and front footage, and WHEREAS, WHIHI LLP owns certain real property within the area subject to said Special Improvement District No. 343, described in this Consent, as "SID Lot No. 111,, and more particularly described in Exhibit "B" attached hereto, which is subject to assessments under SID No. 343 on the basis of frontage alone, and WHEREAS, Northwest Healthcare Corporation owns certain real property within the area subject to said Special Improvement District No. 343, described in this Consent, as "SID Lot No. 211, and more particularly described in Exhibit "C" attached hereto, which i's subject to assessments under SID No. 343 on the basis of frontage alone, and WHEREAS, Stephen A. and Cheryl A. Wilson own certain real property within the area subject to said Special Improvement District No. 343, described in this Consent as "SID Lot No. 311, and more particularly described in Exhibit I'D" attached hereto, which is subject to assessments under SID No. 343 on the basis of frontage alone, and WHEREAS,, Kalispell Medical Arts owns certain real property within the area subject to said Special Improvement District No. 343, described in this Consent as "SID Lot Nos. 6 and 811, and more particularly described in Exhibit "E" attached hereto, which is subject to assessments under SID No. 343 on the basis of frontage alone, and WHEREAS, Julia E. Evenson, Pamela Shanks and Jay W. Evenson own certain real property within the area subject to said Special Improvement District No. 343, described 'in this Consent as "SID Lot No. 711, and more particularly described in Exhibit 'IF" attached consentodeclinebenefit.wpd hereto, which is subject to assessments under SID No. 343 on the basis of frontage alone, and WHEREAS, Flathead Healthcare Center, Inc. owns certain real property within the area subject to said Special Improvement District No. 343, described in this Consent as "SID Lot No. 911, as more particularly described in Exhibit *-G" attached hereto, which is subject to assessments under SID No. 343 on the basis of area alone, and WHEREAS, the City of Kalispell has agreed to contribute the sum of $37,000 toward certain surface improvements along a portion of Sunnyview Lane based upon the City's cost of resurfacing said street in accordance with the City of Kalispell pavement rehabilitation program, and WHEREAS, the City of Kalispell's commitment to contribute $37,,000 'i's in li'eu of anticipated pavement rehabilitation from U.S. #93 to the Easterly terminus of "SID Lot Nos. 3 and 811, and WHEREAS, Northwest Healthcare Corporation and Flathead Healthcare Center, Inc. have agreed to seek abandonment and re - vesting of a portion of Sunnyview Lane and to the construction of a dedicated public street upon a portion of "SID Lot No. 411, and WHEREAS, ""SID Lot No. 411 under the City of Kalispell"s pavement replacement program would not be benefitted from the sum of $37,000 noted above, because no existing street to be rehabilitated lies within "SID Lot No. 411, and WHEREAS, Northwest Healthcare Corporation agrees that the owner of "SID Lot No. 411 is not benefitted from the City's contribution pursuant to the pavement replacement program for surface improvements, and WHEREAS, in order to properly assess the Special Improvement District assessments, the owner of "SID Lot No. 411 agrees to consent to utilization of the City's contribution of $37,000 for the benefit of the "SID Lots" assessed on the frontage method only, and declines to accept the benefit of the City"s proportionate contribution for ""SID Lot No 411 which is based upon both the front footage and area basis. THEREFORE, for and in consideration of the sum of One Dollar ($1. 00) and other valuable consideration, 'Including the anticipated abandonment and re -vestment in Northwest Healthcare Corporation of a portion of Sunnyview Lane, the receipt and sufficiency whereof consentodeclinebenefit.wpd I is hereby acknowledged, Northwest Healthcare Corporation, by and through the undersigned authorized agent, hereby consents to the utilization of the City's contribution of $37,000 for the benefit of only "SID Lots Nos. 1, 21 31 61 71 811 and declines to accept the benefit of said contribution for ""SID Lot No. 411. The total estimated amount to be assessed against "SID Lot No. 411 for surface infrastructure improvements shall not be reduced or affected by the City's contribution of $37,000. Total assessments against "SID Lot No. 411 and "SID Lot No. 911 for grading and utility improvements shall not change as a result of this Consent. This Consent is binding upon and enforceable against Northwest Healthcare Corporation and its successors, transferees, and assigns and inures to the benefit of the City of Kalispell, Montana. Northwest Healthcare Corporation agrees that the City of Kalispell may, at its election, record this Consent in the real property records of Flathead County, Montana. IjA �IIAA41: Dated this , - of 2001. Northwest Healthcare Corporation By: Its: consentodeclinebenefit.wpd STATE OF MONTANA SS County of Flathead on thi s day o f 2001, before me,, a Notary Publ,ic 'in and for the State of Montana, personally appeared known to me to be the of the corporation that executed the within instrument, and acknowledged that such subscribed, sealed and delivered said instrument as the f ree and voluntary act of said corporation, for the uses and purposes therein set forth, and that he/she was duly authorized to execute the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and af fixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission expires Aell�lvl consentodeclinebenefit.wpd EXHIBIT "A" Tract 5ABM located in Government Lots 5,. 6,r 8 and 13 of Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. consentodeclinebenefit.wpd Tract 7E located in the SE 1/4 of the SW 1/4 of Government Lot 6, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. consentodeclinebenefit.wpd EXHIBIT "C" Lot 2 of the Amended Plat of Lot 1 of the Amended Plat of Lot 1 of the Amended Plat of Resubdivision of Simmons No. 78 and Lot 2 of the Amended Plat of Resubdivision of Simmons No. 78 located in Government Lot 6, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. consentodeclinebenefit.wpd EXHIBIT "D" Lot 5 of the Amended Plat of the Resubdivision of Simmons Addition No. 78 located in Government Lot 6, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. consentodeclinebenefit.wpd EXHIBIT "E" Tract 7EU located in Government Lots 6 and 7. Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana and Lot 2 of the Resubdivi sion of Kalispell Medical Arts Addition No. 35 located in Government Lots 6 and 7, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana consentodeclinebenefit.wpd EXHIBIT 'IF" Tract 7EF located in Government Lots 6 and 7, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. consentodeclinebenefit.wpd EXHIBIT "G" Amended Plat of Flathead Health Center, a in Government Lot 14, Section 6, Township West, P.M.,M., Flathead County, Montana Subdivis 'Ion located 28 North, Range 21 consentodeclinebenefit.wpd CONSENT TO ASSESSMENT WHEREAS, Northwest Healthcare Corporation is in the process of expanding its medical campus and otherwise developing property it owns in the area of Kalispell Regional Medical Center, and WHEREAS, said expansion and development will require the relocation of Sunnyview Lane, the extension of Heritage Way, and certain other surface, grading, and utility infrastructure in the area, and WHEREAS, the City of Kalispell, Montana has created Special Improvement District No. 343 for the purpose of making certain infrastructure improvements 'in and on Heritage Way and Sunnyview Lane within the corporate limits of the City, and WHEREAS, Northwest Healthcare Corporation owns certain real property within the area subDect to said Special Improvement District No. 343, described, in this Consent to Assessment (this "'Consent") , as "SID Lot No. 411, and more particularly described in Exhibit "A" attached hereto, and WHEREAS, WEL Care Investors owns certain real property within the area subject to said Special Improvement District No. 343, described in this Consent, as "SID Lot No. Sit I and more particularly described in Exhibit I'D" attached hereto, and WHEREAS, the City of Kalispell Extension of Services Plan establishes the responsibility of the developer to construct infrastructure improvements connected with development in accordance with the City of Kalispell's Standards for Design and Construction, and - WHEREAS, in accordance with said Extension of Services Plan, the City of Kalispell has determined that the certain infrastructure surface improvements adjacent to "'SID Lot No. 511 are of special benefit to "SID Lot No. 4" only, and therefore the owner of "SID Lot No. 4" should properly be charged for said infrastructure surface improvements, and WHEREAS, Northwest Healthcare Corporation agrees that the owner of "SID Lot No. 411 should be charged for said infrastructure surface improvements, and northwest healthcare.wpd WHEREAS, in order to properly assess the Special Improvement District assessments, the owner of "SID Lot No. 411 must consent to I the 'increase in assessments which would otherwise be made against "SID Lot No. 511. THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Northwest Healthcare Corporation, by and through the undersigned authorized agent, hereby consents to any increase in the special assessment against "SID Lot No. 411 in an amount equal to the total estimated special assessment heretofore to be assessed against "SID Lot No. 511 and to pay, to the City of Kalispell, as due, the amount actually assessed. Said total estimated amount to be assessed against "SID Lot No. 411 for surface infrastructure improvements shall be increased to $550,689.00. Total assessments against "'SID Lot No.411 for grading and utility improvements shall not change as a result of this Consent. I This Consent is binding upon and enforceable against Northwest Healthcare Corporation and its successors, transferees, and assigns and inures to the benefit of the City of Kalispell, Montana. Northwest Healthcare Corporation agrees that the City of Kalispell may, at its election, record this Consent in the real property records of Flathead County, Montana. Dated this 18th of March f 2001. Northwest Healthcare Corporation lly: Aedla Its: President/CEO STATE OF MONTANA SS County of Flathead On thi s 18th - day o f March 1 2001, before me, a Notary Public in and for the State of Montana, personally appeared "Mf1A Velinda Stevens known to me to be the President/cr-,o of the corporation that executed the within instrument, and acknowledged that such person subscribed, sealed and delivered said instrument as the free and voluntary act of said northwest healthcare.wpd a corporation, for the uses and purposes therein set forth, and that he/she was duly authorized to execute the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and af fixed my Notarial Seal, the day and year first above written. Z Notary Pi�blic, State'of Montana,. Residing at Kalispell, --'Montar�a My Commission expires IJ northwest healthcare.wpd EXHIBIT "A" Tract 5ABM located in Government Lots 5, 61 8 and 13 of Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. northwest healthcare.wpd EXHIBIT "B" Lot 1 of Heritage Place, 1st Addition located in Government Lot 6, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. northwest healthcare.wpd