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Tab 28 Certificate of Mailing of Notice of Passage of Reso of IntentCi*ty of Kali*spell ............ ... ... Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 CERTIFICATE OF MAILING 1, Theresa White, on behalf of the City of Kalispell, do hereby certify that a copy of the attached: NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 344 AND TO ISSUE THE CITY'S SPECIAL IMPROVEMENT DISTRICT NO. 344 BONDS IN THE AGGREGATE PRINCIPAL AMOUNT, AND IN SALABLE INCREMENTS, NOT TO EXCEED $4,550,000 SECURED BY. THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND was mailed first class, postage prepaid, on the 18th day of October, 2005 to the property owners listed below. �al n,�.a IV z 7% *11, (C AL), Theresa White 111z City Clerk J64 T F3 �10' &o SID 344 Lot No. Property Owner Property Owner's Address 1 Fu n Warehousers 11, LLC 1190 Highway 2 West, Kalispell, Montana 59901 2 Montana Venture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 3 Montana Venturc. Partners., LLC P.O. Box 1477, Kalispell, MT 59903-1477 4 Montana Venture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 5 Montana Venture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 6 MontanaVenture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 7 Montana Venture Partners, LLC P.O. Box 14771, Kalispell, MT 59903-1.477 18 Montana Venture Partners, LLC P.O. Box 147T, Kalispell, MT 59903-1477 9 Montana Venture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-147 7 to Montana Venture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 with a sale pending to Dennis and Almae Bennett 1896 Airport Road, Kalispell, Montana 59901 11 Montana Venture Partners, LLC P.O. Box 1477,, Kalispell, MT 59903-1477 with a sale pending to Ronald Sharpe P.O. Box 751-6. Kalispell, Montana 59904 12 Montana Venture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 13 MontanaVenture Partners, LLC P.O. Box 1477, Kalispell, MT 59903-1477 1-4 Montana Venture Partners ', LLC P.O. Box 1477, Kalispell, MT 59903-1477 15 Montana Venture Partners', LLC P.O. Box 1477, Kalispell, MT 59903-1477 J6 Montana Venture Partners, !J,C P.O. Box 14771, Kalispell, MT 59903-1477 -1-7 Montana Venture Partners, LLC P.O, Box 147 7, Kalispell, M'F 59903-1477 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 344. AND TO ISSUE THE CITY'.S SPECIAL IMPROVEMENT DISTRICT NO. 344 BONDS IN THE AGGREGATE PRINCIPAL AMOUNT, AND IN SALABLE INCREMENTS, NOT TO EXCEED $4,550,000 SECURED BY TFM Iffy 'PROVE. W�'G]Eit MW CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN that on October 3 � 2005, the City Council of the.City of, Kalispell, Montana (the "City'), adopted a Resolution of Intention to Create Special. improvement District No. 344 (the "District") for the purpose of financing the costs of certain local improvements (the "Improve m-ents") and paying costs incidental thereto, including costs associated with the sale and the security of special 'improvement district bonds ofthe City drawn on the District (the "Bonds"), the creation and administration of the District, the funding of a deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund") and the establishment of a reserve account securing the Bonds in the District fund (the "Reserve Account"). The Improvements shall be constructed and Is stalled pursuant to plans and s i f gmeen pec ications prepared by Morrison & Maierle, Inc., and approved by the City En' A complete copy of the Resolution of Intention (the "Resolution") i's on file With the City Clerk which more specifically describes the nature of the Improvements, the boundaries and. the area included in the Di strict, the location of the Improvements and other matters pertaining thereto and fiather particulars. The general character of the Improvements are (i) grading a- nd utihty Improvements, consisting of planning, design and performing site grading for the construction within the District of Schoolhouse Loop, Schoolhouse Drive and Schoolhouse Circle (including, without limitation, potable watermains, and services, sewer mam*s and services, a stonn drainage system, telephone, natural gas, and.electrical utilities), and (ii) surface. Improvements, consisting of surfacing Schoolhouse Loop, Schoolhouse Drive and Schoolhouse Circle and installing related surface improvements, such as, without lU"M*tation,- curbing, aprons,si-dewalks, gutters, and landscaping - The total estimated costs of the Improvements, including all incidental costs, but not the costs associated with securing the Bonds and - the issuance of the Bonds, are $3,963 9 100. The City would issue the Bonds in an aggregate principal amount, and in salable not to exceed $4,550,000 in order to finance the costs of the Improvements. increments'. Principal of and interest on the Bonds will be paid from special assessments levied against the property in the Di strict in the aggregate principal amount of $4,550,000 and such payment will be secured by the Reserve Account and the Revolving Fund. Subject to the limitations of Montana Code Annotated, Section 7-12-4222, the general fund of the City may be used to provide loans to the Revolving Fund or a 111 0 -general tax levy may be imposed on all taxable property the City t meet the financial requirements of the Revolving Fund. All properties within the District are to be assessed for a porfion of the costs of the Improvements, The costs of the -Improvements will beassessed against applicable portions of the property in the District benefiting from the Improvements, based on, as appropriate and as set forth more particularly in Section 7 of the Resolution, the actual area method of assessment described in Sections 7-12-4162 and 7-12-4163, M.C.A. All of the properties in the District (described as SID Lot Nos. I through 17) will be assessed for their proportionate share of the costs of the grading, utility, and surfacing Improvements. The total estimated cost of the grading, utility, and surfacing hnprovements, including all incidental expenses. and costs associated with securing the Bonds and the issuance of the Bonds, is $4,550,000 and shall be assessed against each of SID Lot Nos. I through 17, for that part of the costs of the grading, utility, and surface Improvements that the area. of each of such tract or parcel b -ears to the total area of both of such tracts or parcels exclusive of streets, avenues, alleys, storm water detention ponds and like features. The total area of the Distzict to be assessed by way of the actual area method is estimated to be 2,064,308 square feet. The costs of the grading, utility, and surfacing improvements per square foot of area i s estimated not to exceed $2.2 1. The total assessment (not including interest expense) for each affected lot, tract or parcel of land subjected to the actual area method of assessment for the grading, utility, and surface Improvements is shown on EXR1131T D of the Resolution of Intention, on file with the City Clerk. On November 71, 2005, at 7:00 p.m., M.T., in -the Council Chambers at City Hall. 312 Ist Avenue East, Kai ispell, Montana, the City Council will conduct a public hearing and pass upon all written protests against the creation of the Di strict,, or the making of Improvements that may be filed in the period described below. Written protests against the creation or extension of the District and the making of the improvements may ' be filed by an agent, person, firm or corporation owning real property within the proposed Die strict whose p roperty i's liable to be assessed for the improvements. Such - protests must be delivered to the City Clerk at City Hall, 312 Vt Avenue East, Kalispell, Montana 59 . 901 not later than 5: 00 p.m., M.T., on November 2, 2005. Further information regarding.the proposed District or the Bonds or other matters am respect thereof may -be obtained from the City Clerk at City Hall, 312 Ist Avenue East, Kalispell, Montan'a.59901 or by telephone at (406) 758-7756. Dated: October 12, 2005 BY ORDER OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA .0 Clerk (Publication Dates: October 18, October- 25, and November 1, 2005) CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE 1. the undersigned, being the duly qualified and acting recording.officer of the City of Kalispell, Montana (the, ""City"), hereby certify that. the attached resolution is a true copy of a Resolution entitled. - "'RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 344-. DECLARING IT I TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE THE DISTRICT FOR THE PURPOSE OF. UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING T_ HE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF - SPECIAL IMPROVEMENT DISTRICT BONDS SECURED IN PART BY THE CITYS SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND" (the "Resolution"), on file in the orleginal records of . the' City in my legal custody- that the Resolution was duly adopted by the City Council of the City, at a regular meeting on October 3, 2005, and that'. the meeting was duly held by the City -Council and was attended throughout by a quorum,, pursuant to call and notice of such meeting given, as required by law; and that the Resolution has not as of the -date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at -said meeting, the following Council Members voted in favor thereof: Jim Atkinson Kari Gabriel, -Bob Herron. Randv 2 A Keuon., Ti Kluesner, Duane Larson, Hank Olson, and. Pamela B. Kenne ; voted against the same: Bob Hafferman ; abstained from 'Voting thereon-. -, ; or were absent:, None 1. WITNESS my hand and seal officially this 4th.day of October., 2005. (SEAL) CORTORATE41' n "r7 Theresa White City Clerk RESOLUTION NO, 5063 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO, 344; DECLARING IT TO BE E INTENTION OF THE CITY COUNCIL TO CREATE THE DISTRICT FOR THE PURPOSE.OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH E ISSUANCE OF SPECL4L IMPROVEMENT DISTRICT BONDS -SECURED -IN PART BY THE CITY9S SPECL46L IMPROVEMENT DISTRICT REVOLVING FUND BE IT RESOLVED by the City Council (the "City Council") of the City of Kalispell, Montana (the "'City" )1, as follows,: Section 1. Bagkgound; Proposed.. Improvements; Intention ToCreate. District. (a) 'Bad undertake certain , improvements (the gound. The City proposes to ""Improvements") to benefit specific property located in the City. The District (defined below) is being established for the purpose of funding the public infrastructure improvements within the District. The District will contain the first industrial/technology park in the City and will have 17 lots available for development. The. District will be known as "Old School Station." The land that comprises the District 'is approximately 55 acres and is currently used primarily for agricultural purposes. The District will not need to be rezoned for the contemplated use and development-. The District is located just east of Highway 93 on Demersville Road approximately 1.9 miles south of Four Corners intersection and directly east of the Rocky Cliff Road intersection. Montana Venture Partners, LLC, the developer of the District., is financing and contracting for the extension of the City water and wastewater services from the main City limits to the boundary of the District. .(b) Proposed 1mvrovements. The Improvements, as proposed, consist of, the (i) design, grading and constructio'n of underground conveyance lines forwater, wastewater, and storm water, and 00 design, grading and. construction of underground utility lines for gas, electric and telephone services, and (iii) design, grading and construction of streets, gutters and sidewalks, all as more fully describe in' Section 5. All Improvements will be constructed to City of Kalispell Design and Construction Standards. (c) Intention to Create District. The total estimated construction costs of the Improvements are $3,897,,398 as determined by Morrison Maierle Inc., engineers for the City with respect to the District .(the '"Engineers"). The total costs of the. Improvements, including the incidental costs discussed in this Resolution, is estimated not to exceed $4,550,000. It is the intention of this City Council to create and establish in the City under Montana Code Annotated, Title 7., Chapter 12, Parts 41 and 42, as amended (the "'Act"'), a special improvement district (the "District'). The purpose the formation of the District is to provide a mechanism for financing costs of the Improvements and paying costs incidental thereto. The costs associated with. the District -to be financed with proceeds of the City's special improvement district bonds (the "Bonds"), in the estimated original aggregate principal amount not to exceed $4,550,000, -are: (i) the estimated the costs of the Improvements; (ii) the creation and administration of the District; (iii) a 5P deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund") to- secure the Bonds; (iv) a deposit to a debt service reserve account in the District Fund (the "Reserve Account') to secure the Bonds; and (v) the costs of issuance for the Bonds. The. total estimated cost of the Improvements, including the costs listed in (ii)-(v) above, is $4,550,000. The Bonds are to be payable primarily from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements in an estimated amount of not less than $4,550,000. In the event that special assessments are not sufficient to pay debt service on the Bonds, debt service on the Bonds will be payable from amounts on deposit in the Reserve Account and the Revolving Fund. Section 2. Number of District. The District, 'if the same shall be created and established, shall be known and designated by the City -as "Special Improvement District No. 344 of the City -of Kalispell, Montana." Section 3. Boundaries of District. The limits and boundaries of the District are depicted oil & map attached. hereto and made a part hereof as EXHIBIT A and more particularly described, on� EXHIBIT B attached hereto and made a part hereof, which boundaries are designated as the boundaries . of the District. Section 4. Benefited Property. The District and land included within the limits and boundaries described in Section 3 and as shown on. EXHIBITS A, B and C are hereby declared to be the District and the land that will benefit and be benefited by the Improvements and will be assessed for the cost of the Improvements, 'Including the incidental. costs, as described in this Resolution. Those particular portions of the District as set forth in the table below are hereby declared to be benefited by those kinds of Improvements set forth opposite such portions of property: Lot. Parcel. -Tract Benefited by,.Kind of Inivrovements SID Lot Nos, I through 17 Grading, Utility and Surface Improvements Section 5. General Character 'of ' the Ifflprovements., The general character of the improvements are (i) grading and utility Improvements, consisting 'of planning, design and performing site grading for. the construction within the District of Schoolhouse Loop, Schoolhouse Drive and a Schoolhouse Circle (including, without linUftation, potable Natermains, and services,, sewer mains and services, a storm drainage system, telephone, natural gas, and electrical utilities), and (ii) surface Improvements, consisting of surfacing Schoolhouse Loop, Schoolhouse Drive and Schoolhouse Circle and installing related surface improvements, such as, without limitation, curbin, aprons, sidewalks, gutters, and landscaping. Section 6. Eneineer and Estimated . Morrison & Maierle Inc. shall be the Engineers for the District. The Engineers have estimated that the costs of the Improvements, including all incidental costs,, but not the costs associated with securing the Bonds and the issuance of the Bonds, is $3,8979398. Section - 71. Assessment Methods. 7.1. Method for Proerty To Be Assessed.. All properties within the District are to be assessed for a portion of the costs of the. Improvements, as specified herein. The costs of the Improvements shall be assessed against applicable portions of the property in the District benefiting from the Improvements, based on, and -as described below 'in this Section 7, the actual area method of assessment -described in Sections 7-12-4162 and 7-12-4163 of the Act, as particularly applied and.set forth 'in this Section .7. 7.2. Actual Area —.G-rad' I d Surface IMprovements. All of the properties in the mg, Utifltv. an District (described as SID Lot Nos. 1 through 17 on EXHIBIT.C) will be assessed for'their proportionate - share of the costs of the grading, utility, and surfacing Improvements. The total estimated cost of the grading, utility, and.surfacing Improvements, including all incidental ex'penses,, . is $4,550,000 and shall be assessed against each � of SID Lot Nos. 1 through 17, as shown on the attached EXHIBIT C. for that part of the costs of the grading, utility, and surface Improvements that the area of each of such tract or parcel bears to the total area of both of such tracts or parcels exclusive.of streets, avenues, alleys, storm water detention Ponds and like features. The total area of the District to be assessed by way of the- actual area method is estimated to be 2,,064,308 square feet. The costs of the grading, utility, and surfacing Improvements per square foot of area is estimated not to exceed $2.21. The total assessment (not including interest expense) for each affected lot, tract or parcel of land subjected to the actual area method of assessment for the grading, utility, and surface Improvements is shown on EXHIBIT D attached hereto and made a part hereof. -1­---­-_. ..Co I en -fit This City Council, by .7* d f6a8es itab e and nsi S-te-nt W`th B e this Resolution, determines that the -method of assessment and the assessment of costs of the specific Improvements against the properties benefited -thereby as prescribed in this Section 7 are equitable and in proportion. to and not exceeding the special benefits derived from the respective Improvements by the -lots, tracts and parcels to be assessed therefor within the District. 7.4. Subdivision or Partition. The City understands that none of the property identified on EXHIBIT C as SID Lot Nos. 1 through 17 is currently -intended to be further subdivided or partitioned. Subsequent lots or parcels- within the District created by subdivision or Partition shall be specially assessed from and after their creation and such assessment shall be charged to -the then -current owner thereof in accordance with the provisions of this Section 7. Sectio n- 8. Pavment of Special Assessments. The special assessments for the costs of 'the Imp rovements shall be payable -over a term not exceeding twenty (20) years, each in equal semiannual installments of principal, plus interest, or equal semiannual payments of principal and interest,' as this City Council shall prescribe 'in the resolution authorizing the issuance of the Bonds. Property owners in the District have the right -to prepay assessments as provided by law. Section 90 Anticipated Method of Financing: Pledgg_ of -Revolying_ Fund- Findinas and Determinations. The City has the present intention to issue the Bonds in order to finance the (1) cost of the improvements, (ii) the cost of the creation and administration of the District, (iii) fund a deposit to the Reserve Account, (iv) fund a deposit to the Revolving Fund, and (v) pay costs, of issuance. of the Bonds. Principal, of and -interest on the. Bonds will be paid from special assessments levied against the property in the District and such payment will be secured, in part, by the Reserve Account. This City Council finds it in the public interest, and in the best interest of the City and the District, to secure payment of principal of and interest on the Bonds by the Revolving Fund. The City Council hereby authorizes the City to enter into the undertakings and agreements authorized in Section 7-12-4225 of the Act to use the Revolving Fund to secure the Bonds. In determining to authorize the use of the Revolving Fund to secure the Bonds, this City Council has taken into consideration the following factors: (a) Estimated Market Value of Parcels. The City has considered the estimated market value of the lots, parcels or tracts in the District as of the date of adoption of this Resolutio n. as estimatedby the County Assessor, as well as the estimated market value of the lots,, parcels or tracts after the Improvements have been completed. The City, in conjunction with the Engineers, has determined that the value of the properties (in particular, the undeveloped properties) in the District will be significantly enhanced by the Improvements. The special assessments to be levied under Section 7 against each lot, parcel or tract in the District are,, as of the date of this Resolution not anticipated to exceed the increase in estimated market value of the lot, parcel or tract as a resu It of the construction of the Improvements. (b) Diversity of Prot)erty, Ownersh�p. All of the parcels in the District are privately held parcels presently within the District and do not contain any real pro p-erty improvements. Montana Venture Partners, LLC currently owns 14 of the 17 lots within the District.. Montana Venture Partners, LLC has represented to the City that it is planning on selling all 14 lots that it owns in the District to private parties that will. develop industrial, commercial and technology business facilities in the District SID Lot No. 1 is owned by Fun Warehousers 11, LLC which is anticipated to build a distribution center for a beverage distribution business. SID Lot No. 10 is cu . ffently owned by Montana Venture Partners, - LLC with a sale pending to Dennis and Almae Bennett who are, anticipated to build a facility for a. wholesale janitorial supply service. SID Lot No. 11 'i's currently Owned by Montana Ventures, LLC with a sale pending to.Ronald Sharpe who is anticipated to build a facility for a janitorial supply'service. Given the interactions between City staff -and the partners of Montana Venture Partners, LLC,, it is reasonable to conclude that -the lots in the District will be �a desirable place to locate industrial, commercial, andlechnology business facilities. (C) Comparison of S ecial Assessments and Property Taxes and Market Value. The City has analyzed the amount of assessments and property taxes against each lot, parcel or tract in the District. The City has determined that there are no industrial development bonds secured by a mortgage against the District. The City concludes that,. overall, the estimated market value of the lots'. tracts, or parcels of land in the District well exceeds the sum of special assessments and current assessments,, with the estimated market value after the Improvements of such lots, tracts,, or parcels totaling $7,225,078, and the estimated sum of the current assessments and taxes (based .on the November 2004 tax bill, and accordingly, not including the Improvements) against such property totaling less than $1,500.00. (d) 1?g"n gencies. An analysis of the -amount of delinquencies in the -payment of outstanding special assessments or property taxes levied against the properties in the District shows that none of the properties in the District is delinquent (e) The Public Benefit of th rovements. The construction of the Improvements to th.e District will enhance the -opportunity for economic development, in the City and provide for traffic circulation throughout, the District. The construction of the Improvements. will also provide for safe access to and.from Dernersville Road. The Improvements include widened road sections, curb and gutter, underground drainage in place of open ditches, sidewalks, handicap ramps, a walking path, street lighting, and street trees �and other landscaping. The proposed improvements will., increase roadway efficiency., The proposed Improvements include both pedestrian facilities and automobile roadways that do not now exist or are not presently available in needed -locations, Installation of these Improvements will promote. safe and functional access to the businesses that will be located in the District. This will further increase public safety in the area and promote the public welfaref (f) Newly Platted Development.. SID Lot Nos. 1 through 17, as identified on the attached EXHIBIT C,, has been preliminarily approved as a PUD and is not scheduled for further subdivision. The City,'based upon information provided by Montana Venture Partners, LLC, anticipates' that the properties in the District will be developed with 'Industrial, commercial and technology facilities that will co liment the uses, and that. it is realistic to expect that the area MP to be developed will be fully developed within four years. (g) Other Factors. The Improvements are anticipated to integrate the area and help to facilitate the more efficient delivery of services to the area, thereby assisting the public at large as well as the particular properties in the District. The aesthetics, safety, and uses of the property are expected be advanced by the Improvements. Section 10. Reimbursement Expenditures. 4 Regulations. The United States Department of Treasury has promulgated final 10.1. regulations governing the use of proceeds of tax-exempt bonds, such as the Bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the.City prior to the date of issuance of the Bonds* The final regulations (Treasury Regulations, Section 1.150-2) (the "Regulations"') require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty (60) days after payment of the original expend �ture._The Regu a ions als-0- requirethat tax- exempt bonds, such as the Bonds, be issued and the- reimbursement allocation made from the proceeds of the tax-exempt bonds within eighteen -(18) months (or three (3) years, if the reimbursement bond. issue qualifies for the "'small issuer" exception from the arbitrage rebate requirement) after. the later of (i) the date the expenditure I's paid or (H) the date the project is placed in service or abandoned, but (unless the .issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) in no event more than three (3) years after the date the expenditure is paid. 10.2. Prior Expoditures. The City has not made or paid any expenditures with respect to the .District and the Improvements more than sixty (60) days before the date of adoption of this Resolution -other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the meaning of the Regulations, or (iii) expenditures in a "de minimus"' amount, as defined in the Regulations. 10.3. Declaration of Intent. The City reasonably expects to,reimburse the expenditures made for costs'of the Improvements out of the proceeds of the Bonds after the date of payment of an or a portion of the costs of the Improvements. All reimbursed, expenditures shall be cap . ital expenditures,, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under the Regulations. 10.4. Budggitary- Matters. As of the date of this Resolution, there are no City funds reserved, allocated on a long-term basis -or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to _--theImpro-vements, other than.pursuant-to the issuance. of.-Ibe. Bonds, The statement of -intent contained in this Resolution, therefore,, is consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date bereof. 10.5.' Reimbursement Allocations. The finance officer of the City will be responsible for making.the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing U.'sed by the '11 be (* City to make prior payment of the costs of the Improvements. Each allocation wi i) evidenced by an entry on the official books and records of the City maintained for the Bonds or the Improvements -and (ii) shall specifically identify the actual original expenditure being reimbursed. Section 11 Publication of PaaaMe-and Adoption of this Resolution of Intention. By this Resolution, the City Clerk is authorized and directed to publish notice (the 'Notice") of passage and approval of this Resolution and the intention of -the City to create the District. The Notice shall be published in the Daily Inter Lake, a newspaper of general circulation in Flathead County, on October 18, October 25 and November. 1, 2005, all in accordance with the requirements of Section 7-12-4106 of the Act and Montana Code Annotated, Section 7-1-2121, as amended. The form of the Notice currently on. file with the City Clerk is hereby approved. The City Clerk is also authorized and directed, a s- required by Section 7-12-4106(2) of the Act, to mail or cause to be mailed a copy of the Notice to every person, firm, corporation, 'or the agent of such person, firm, or corporation having real property within the. -District listed in their name upon the last completed assessment roll for state, county, and school district taxes, at the last -known address, on or before the.same day the Notice is first published. W Section 12. Protests of the Resolution of Intention. Section 7-12-4110 of the Act sets forth the requirements for a protest against the proposed Improvements or against the extent or creation of the District, or both. Any owner of real property within the District subject to assessment and taxation for the cost and expense of making the Improvements: may, until 5 -00 p.me, M.T. within fifteen (15) days after the date of the first publication of the Notice (the "'Protest Period") may make and file with the City Clerk -a--written,.-Pr-otest-against-:tbe ,proposedJmpr-ovements. or -against the--creation..of-lb-e,-I)J..strict...,Pr. both.. The Protest Period ends at 5:00 p.'M-­M.T. o' - n Nbve'- m' be'-f- 2,-,-2005 a Upoj� -riectipCof more written Prot . ests during the Protest Period, this City Council will, at its next regular meeting after the expiration of the Protest Period, proceed to bear all protests properly made and filed with the City Clerk. The first regular meeting for the City Council after the end of.the Protest Period is scheduled to be held on November 7, 2005.,-at 7.-00 p.m., in Council Chambers at City Hall, 312 1st Avenue East, in Kalispell, Montana. PASSED AND ADOPTED by the City Council of the City of Kalispell, Montana, as of the 3rd day of October, 2005. ATTEST: Theresa White City Clerk, P6 Pamela A.'Kennedy Mayor roll, owbd*bft WWOAkMWHMVMRMMtW Kwow. Doi* mys'a* LOT 9 10 .461 LOT 1) Lar 12 WT 13 IVA& r-uw 7. 4U;' EXHIBIT A MAP OF SID 344 OLD SCHOOL STATION St V4, Swffm 33. MW R21W, P.M, P& nahad Cow*. Moftom low PMW.Aw OTT $"an $10 oom 70&% Acnat" TLM^" oll V1, " 14 04 ......... . . .......... . 14uwwm immomw A-1 EXHIBIT B DESCRIPTION OF SID 344 BOUNDARIES The District —is locat-ed-just-,-m"f-IL"gh-way---93,--on Demers-viRe--R-oad-,approx-imate-ly-�-lw-9-,M"le-s south of Four Corners intersection and directly east of the Rocky Cliff Road intersection and is legally described as: Assessors Tract 2 or Parcel A of Certificate of Survey No. 16337 1*n the SW 1/4 of Section 33, Township 28. North, Range 21 West, P.M.M., Flathead County,, Montana Fmw,31 .---SID-: 344 Lot No. 1 2. 3 4 5 6 7 8 9- 10 11, 12 14 15 16 .17 EXHIBIT C LIST OF SID LOTS AND OWNERS Propatj Owner PLo - 'Own . er's Address peqj Fun Warehousers 11, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners,'LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC with a sale pending to Dennis and Almae Bennett Montana Venture Partners, LLC with a sale pending to Ronald Sharpe Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC Montana Venture Partners, LLC 1190 Highway 2 West, Kalispell, Montana 59901 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell', MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 1896 Airport Road, Kalispell, Montana 59901 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 7516, Kalispell, Montana 59904 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box, 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 P.O. Box 1477, Kalispell, MT 59903-1477 C-1 Lot No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 EXHIUBIT D LISTING OF PROPOSED ASSESSMENTS Estimated Cost Per Lot* *Interest will be determined as of the time of the sale of the Bonds. KAM5-001-,(BWJ) 268096v.4 $ 1,007,7163-96 440,694.24 6745,963.07 454,135.89 173,781.39 ,144,977.84 ,144,017.73 256v351.55 2601,192.02 1171,134.42 98,892.17 94,091.58 97,932.05 229,468-24 1779621-86 871,370.75 91,211.23 D-1