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Buckwalter/Extension of Construction Commencement 05/10/23MARK W. BUCKWALTER' JOANNA N. GALBRAITH LAURA J. WEBB** Johnna Preble Kalispell City Attorney 201 First Avenue East Kalispell, MT 59901 BUCKWALTER GALBRRAITH OC W E B B May 10, 2023 *Licensed in Idaho and Montana **Licensed in California, Montana and Washington Via e-mail (joreble@katispell.com Re: Extension of Commencement of Construction, and Substantial Completion Date in Contract for Private Development for Hotel, Parking and Multi -Family Structure Dear Johnna: Pursuant to Section 4.4 of the Contract for Private Development between Kalispell Urban Resort Partners, LLC ("KURP") and the City of Kalispell, Montana dated January 12, 2022, my client, KURP, would like to extend the commencement of construction date in Section 4.4 to March 31, 2024, and the substantial completion date for the hotel set forth in Section 4.4 to June 30, 2026. Additionally, Kalispell Garage Apartment Partners, LLC ("KGAP") would like to extend like to extend the commencement of construction date for the garage and multi -family in Section 4.4 of the Contract for Private Development between KGAP and the City of Kalispell, Montana dated October 6, 2022 to March 31, 2024, the substantial completion date for the garage to June 30, 2026, and the substantial completion date for the multi -family to December 31, 2026. While it is my client's intent to have financing in place prior to these dates and complete the hotel, garage and multi -family in a timely manner, the revised plan for the hotel, garage and multi -family is requiring some additional due diligence. If you would please have the appropriate City of Kalispell official sign below indicating approval to the requested extensions and return a signed copy to my office, that would be much appreciated. Sincerely, s' Mark W. Buckwalter Mark W. Buckwalter mark -.'.a,. bgwf i rm. com 406.314,6444 (OFFICE) l 406.890.6705 (FAX) 40 2ND STREET EAST, SUITE 222 1 KALISPELL, MT 59901 WWW.BGWFIRM.COM Johnna Preble Kalispell City Attorney May 10, 2023 Page 2 EXTENSION OF COMMENCEMENT OF CONSTRUCTION DATE FOR HOTEL IN SECTION 4.4 TO MARCH 31, 2024, EXTENSION OF SUBSTANTIAL COMPLETION DATE OF HOTEL IN SECTION 4.4 TO JUNE 30, 2026, EXTENSION OF COMMENCEMENT OF CONSTRUCTION DATE FOR GARAGE AND MULTI -FAMILY STRUCTURE IN SECTION 4.4 TO MARCH 31, 2024, EXTENSION OF SUBSTANTIAL COMPLETION DATE OF GARAGE IN SECTION 4.4 TO JUNE 30, 2026, AND EXTENSION OF SUBSTANTIAL COMPLETION DATE OF MULTI -FAMILY TO DECEMBER 31, 2026, APPROVED. CITY OF KALISPELL, MONTANA BY: ITS: