H3. Gateway West Interlocal AgmtCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEMORANDUM
Doug Russell, City Manager
Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7758
charball@kalispell.com
Motion to Approve an Amendment to the Interlocal Agreement between
FCEDA and the City Regarding Transfer of Gateway West Assets
MEETING DATE: April 20, 2020 — Regular Council Meeting
BACKGROUND: On June 24, 2013, the City of Kalispell transferred its ownership interests in the
assets at Gateway West Mall (leased to TeleTech) to the Flathead County Economic Development
Authority (FCEDA). As a part of the transfer, the City entered into an Interlocal Agreement with
FCEDA in which the City retained certain rights to the deficiency tax payments on the property.
Recently a portion of the subject property that was utilized as a parking lot was sold to a private parry
for the purposes of a housing development.
The purchaser of the property has requested that the City and FCEDA amend its Interlocal Agreement
to exclude the subject property from the agreement as the title insurance is considering it to be an
encumbrance upon the property. The City and FECEDA appreciate no benefits from the subject
property remaining a part of the Agreement as it is no longer included in the TeleTech lease and
generates no deficiency tax payments.
RECOMMENDATION: It is recommended that the Council, by motion, approve the Amendment to
the June 24, 2013 Agreement between the City and FCEDA regarding the Gateway West property.
ALTERNATIVES: The Council may discuss other amendments or alternatives to this amendment.
ATTACHMENT: Interlocal Agreement Amendment
Return to:
City Clerk
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KALISPELL
AND THE FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY
The CITY OF KALISPELL, hereinafter referred to as "the City", a municipal corporation duly
formed and authorized pursuant to Montana state law and with business offices located at 201 First Avenue
East, Kalispell, Montana, and the FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY,
hereinafter referred to as "FCEDA" a corporate public body established pursuant to Montana state law and
with business offices located at 314 Main Street, Kalispell, Montana hereby enter into an agreement as set
forth below.
RECITALS
WHEREAS, the parties hereto previously executed an Interlocal Agreement which was recorded June
24, 2013 as Document No. 201300015321, records of Flathead County, Montana; and
WHEREAS, the parties desire to amend said Interlocal Agreement as follows:
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged,
the parties do hereby agree as follows:
1. The terms of said Interlocal Agreement shall hereafter no longer apply to the real property
described on Exhibit "A" attached hereto and by this reference incorporated herein.
2. The remainder of said Interlocal Agreement shall remain in full force and effect, binding upon
the parties as originally adopted, except as amended hereby.
DATED THIS DAY OF APRIL 2020.
CITY OF KALISPELL
53
Doug Russell, City Manager
FLATHEAD COUNTY ECONOMIC
DEVELOPMENT AUTHORITY
LIN
Jerry Meerkatz, Executive Officer
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of April, 2020, before me, a Notary Public for the State of Montana,
personally appeared Doug Russell, proved to me to be the person whose name is subscribed to
the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
SEAL
STATE OF MONTANA )
) ss.
County of Flathead )
NOTARY PUBLIC for the State of Montana
Printed Name:
Residing at:
My Commission expires:
On this day of April, 2020, before me, a Notary Public for the State of Montana,
personally appeared Jerry Meerkatz, proved to me to be the person whose name is subscribed
to the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
NOTARY PUBLIC for the State of Montana
Printed Name:
SEAL Residing at:
My Commission expires:
EXHIBIT "A"
Plat of Glenwood West (being the amended plat of Lot 1 of Amended Plat of Northeast Portion
Gateway West Addition No. 34 and a portion of Lot IA of Gateway Community Center), located
in Lot 1 of Amended Plat of Northeast Portion Gateway West Addition No. 34 and a portion of
Lot IA of Gateway Community Center located in the SE'/4 of Section 12, T28N, R22W, P.M.M.,
City of Kalispell, Flathead County, Montana, of record in Office of Clerk and Recorder, Flathead
County, Montana