10-10-22 Permanent Public Use and Construction and Maintenance EasementReturn to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903-1997
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Debbie Pierson, Flathead County MT by JW 10/20/2022 1:S4 PM
PERMANENT PUBLIC USE AND
CONSTRUCTION AND MAINTENANCE EASEMENT
THIS EASEMENT granted this —LQ 1= day of UcA0h0V , 2022 by and between WSPGB
MALL L.L.C., a Foreign Limited Liability Company, in care of Goodale & Barbieri Company,
of 818 W. Riverside Ave, Ste 300, Spokane, WA 99201, hereinafter called GRANTOR, and the
City of Kalispell, a Municipal Corporation, of P.O. Box 1997, Kalispell, MT 59903, hereinafter
called GRANTEE.
f
WITNESSETH.
GRANTOR is the owner, in fee, of the following described real property, hereinafter referred to
as the GRANTOR property:
Tract 1 of Certificate of Survey No. 6921 of record in the Office of Clerk and
* Recorder, Flathead County, Montana and situated in the S'h of the S'h of Section
7, Township 28 North, Range 21 West, PMM, Flathead Montana
For value received, GRANTOR does hereby grant to GRANTEE, a construction easement and
right of way in, over, and across the asphalt parking lot located within the GRANTOR property
according to the Certificate of Survey No. 6921 of record in the office of the Flathead County
Clerk and Recorder of Flathead County, Montana in order to construct and maintain trail side
improvements described below and specifically located within the boundaries set forth in the
map and/or legal description provided as EASE C in Exhibit "A" and more particularly shown in
Exhibit "A-C," attached hereto and fully incorporated herein by this reference.
A construction easement is granted herein for the purpose of providing GRANTEE and its agents
the right to construct a concrete trail, landscaping and irrigation, storm water pipe and similar
improvements as shown in the City of Kalispell Trail and Complete Street Project 100% Design
plans to be located within the boundaries set forth in the map and/or legal description provided as
EASE C in Exhibit "A" and more particularly shown in Exhibit "A-C," attached hereto and fully
incorporated herein by this reference, together with the limited right of ingress and egress in,
over and across the asphalt parking lot of the GRANTOR property in order to access the
easement area to perform the aforementioned construction and maintenance as set forth below.
A permanent public use easement is also hereby granted for the purposes of trail use only, and
any use other than as a right-of-way for passage over GRANTOR'S property, such as picnicking
or other stationary activities, shall require the consent of GRANTOR.
�d
GRANTEE shall be responsible to restore all surfaces disturbed as the result of the construction
and maintenance to the same or better condition that existed immediately prior to the
construction or maintenance and all work shall be done in a timely and workmanlike manner.
GRANTEE shall be responsible for all future maintenance of the improvements it causes to be
constructed within the easement herein described. All costs in connection therewith shall be paid
by GRANTEE with no harm or costs to GRANTOR. Nothing with this CONSTRUCTION
AND MAINTENANCE EASEMENT shall negatively harm GRANTOR, its affiliates, or its
properties. If GRANTEE fails to maintain the improvements as set forth in this Easement and
such failure shall not have been corrected within thirty (30) calendar days following receipt of
written notice thereof, or if such failure is such that it cannot be corrected within thirty (30)
calendar days and GRANTEE shall not have commenced to correct such violation within thirty
(30) calendar days, then GRANTOR may, in addition to whatever other rights and remedies it
may have at law or in equity, take such action which is considered to be commercially
reasonable and prudent in scope and cost to correct the violation for and on behalf of GRANTEE
at GRANTEE's expense. Upon completion of such cure, the GRANTOR shall invoice
GRANTEE for the reasonable costs and expenses incurred by GRANTOR in correcting such
failure. The cure or correction of the failure by GRANTOR shall not be deemed to waive the
default, unless GRANTEE makes payment to GRANTOR within the periods set forth in this
paragraph.
GRANTOR shall not impair GRANTEE's use of the easement described above; however,
GRANTOR shall have the right to install, construct, maintain, repair, and replace utilities within
the easement area, or to grant to third -parties the right to do the foregoing, provided that
GRANTOR, or such third party, restores all improvements disturbed as result of the foregoing to
the same or better condition that existed immediately prior to the construction or maintenance
and all work is done in a timely and workmanlike manner. Furthermore, GRANTOR shall have
the right, to direct and convey storm and surface water in accordance with City of Kalispell
Design standards from the GRANTOR property to the vegetated natural buffers and swales
designed for such use located within the easement area provided that GRANTOR restores all
improvements damaged as result GRANTOR'S use of the foregoing to the same or better
condition that existed immediately prior to such damage and all work is done in a timely and
workmanlike manner.
Any easement granted to, purchased, or utilized by GRANTEE or any affiliates on GRANTOR's
property shall in no way be used for commercial purposes
GRANTOR reserves its exclusive right to use and occupy the property for any legal purpose.
GRANTEE or any affiliates, successors, assigns, licensees, or invitees shall have no use or rights
to use the area with the exception of maintenance and construction and for pedestrian and bicycle
walkways.
By GRANTEE'S acceptance of this Easement, GRANTEE agrees to indemnify and save
harmless GRANTOR, its heirs, successors, and assigns, and each of them, from any and all
Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903-1997
damages, liability, and expense (including reasonable attorney fees) resulting from any claims,
demands, actions, liabilities, damages, and/or causes of action of any kind for injury to persons
or property, including death, arising out of anyone one's use of the easement or exercise of the
rights granted herein.
If GRANTEE or its agents maintain insurance for the use and risk associated with the easement
grant herein, then GRANTEE or its agents shall name GRANTOR as an additional insured.
The location of this Easement may be relocated or terminated upon the mutual agreement of both
GRANTOR and GRANTEE.
Neither this Easement nor any rights granted herein shall be assigned by GRANTEE without first
obtaining the written consent of GRANTOR.
[Remainder of Page Intentionally Left Blank]
WSPGB MALL L.L.C., a Utah limited liability company
By: WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited
partnership, Its Manager
By: WSP TRUFFLES L.L.C., a Delaware limited liability company, Its
General Partner
By: WOODBURY STRATEGIC PARTNERS MANAGEMENT
L.L.C., a Utah limited liability company, Its Manager
By: WOODBURY CORPORATION, a Utah corporation, Its
Authorized Representative
Un
O. Randall Woodbury, President
M
[Remainder of Page Intentionally Left Blank]
Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903-1997
ACKNOWLEDGMENTS
STATE OF UTAH
. SS.
COUNTY OF SALT LAKE
I nr/u
On the day of C'h btx- 2022, before me personally appeared
O. RANDALL WOODBURY, to me personally known, who being by me duly sworn did say that he is
the President of WOODBURY CORPORATION, a Utah corporation, known to be the Authorized
Representative of WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited
liability company, Manager of WSP TRUFFLES L.L.C., a Delaware limited liability company, General
Partner of WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited partnership,
Manager of WSPGB MALL L.L.C., the company that executed the within instrument, known to me to
be the person who executed the within instrument on behalf of said company therein named, and
acknowledged to me that such company executed the within instrument pursuant to its Operating
Agreement.
op
TIFFANY STEELE
Notary Public State of Utah
v My Commission Expires on: Pu 1
March 09, 2026
Comm. Number: 723088
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
On the day of N6 bix 2022, before me personally
appeared , to me personally known, who being by me
duly sworn did say that he is the C rhk 0 4 of WOODBURY CORPORATION,
a Utah corporation, known to be the Authorized Representative of WOODBURY STRATEGIC
PARTNERS MANAGEMENT L.L.C., a Utah limited liability company, Manager of WSP TRUFFLES
L.L.C., a Delaware limited liability company, General Partner of WOODBURY STRATEGIC
PARTNERS FUND, L.P., a Delaware limited partnership, Manager of WSPGB MALL L.L.C., the
company that executed the within instrument, known to me to be the person who executed the within
instrument on behalf of said company therein named, and acknowledged to me that such company
executed the within instrument pursuant to its Operating Agreement.
EWLAURIE HI GGS Notary Public U I
tory Public State of Utah Commission Expires on:Apr1u 2026omm. Number: 724393
EXHIBITS "A" and "A-C"
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