Resolution 3608 - Authorize Mayor to Offer Property for Sale to Post OfficeRESOLUTION NO. 3608
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF KALISPELL TO OFFER
FOR SALE CERTAIN REAL PROPERTY LOCATED ON BLOCK 23, K . ALISPELL,
MONTANA, COMMONLY KNOWN AS GRIFFIN PARK TO THE UNITED STATES POSTAL
SERVICE.
WHEREAS, on the 15th day of April, 1985, the City Council of" the City of
Kalispell passed Resolution No. 3563, entitled "A Resolution of Intention to Sell
Real Property Owned by the City of Kalispell", and
WHEREAS, due' and proper notice of said Resolution was published in . the Daily
Inter Lake on April 24th, May 1st, May 8th and May 15th, 19U--offering said
property for sale to the public for the sum of $400,000.00, and
WHEREAS, the City failed to receive any bids for said property at the regularly
scheduled Council Meeting held May 20th, 1985, and
WHEREAS, the City Council of the City of Kalispell, Montana remains desirous
of selling said property for the purpose of financing the purchasing and development
of public recreational facilities, and
WHEREAS, the City Council of the City of Kalispell has been made aware of the
intentions of the United States Postal Service to relocate its postal service office in
the City of Kalispell, and
WHEREAS, the City Council of the City of Kalisperll,,, Montana, considers it in
the best interest of the City of Kalispell to. formaHy' offer Griffin Park to the
United States Postal Service as a site for the relocation of its postal service office.
NOW THEREFORE, be it resolved by the City Council of the City of Kalispell as
follows:.
SECTION 1. That the City Council authorizes the sale of Griffin Park
to the United States Postal Service for the sum of $360,000.00.
SECTION III. That the Mayor of the City. of Kalispell, Montana is
hereby authorized to sign -on behalf of the City of Kalispell the "Offer
to Sell Real Property" as attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED
BY THE MAYOR THIS 12TH DAY OF AUGUST, 1985.
ATTEST:
Don Halver, City Clerk -Treasurer
1, the undersigned, City Clerk of the City of Kalispell, certify that the foregoing
is a true copy of the Resolution passed by the City Council of the City of Kalispell,
Montana, at a spe
_cial meeting held
City Clerk of the City of Kalispell, Montana-
7-he Undersigned- hereinafter called the Vendor, inconsideration of one dollar tome in hand paid. receipt
of which is hereby acknowledged, and in consideration of the mutijal coven2.nts zLnd azreemerits herein set
forth. her. -,by makes the irrevocable offer to seil and convey to the United States Postal Service ard its assigns.,
the fee sirnple title to the Mowing described land, with the buildings and improvements thereon. and all ri?,hts,
hereditaments eawmen�s and appurtenances thereunto belongLrig, located in the City of K, sc e I
la---ead Mont_�na
County of , State of bounded and desc-,ibed as follows:
All of Block, 23 O-P Kal-4 spell .
subiect to_the�_foilowina rip-hts outstarding in third parties:-r
rcsndJ * ions, and Reservations of Record.
U TI lowlrl,7 rl"Us ancl lrlter�sts:
d r�sarvinz zo the Venidcr thz! foil'
None .
Th.- zind conditions of This offer are as foilows:
i. The Vendor agrees that this offer -may be accepted by the Lhiited Starcs Postal Serv;ce :hroughany dully
autl,orized representative, by deliveiring mailing or Telegraphing a notice of ac-eptance to the "endor at t
M - I I N he
addr,=ssS7atedbelo%v.ataLnyti,rr,ewitliin See Para. 17( ) caler.dar days from the date hereof whereupon
thii offer 2nd ihe accentance thereof become a binding contract.
I 1 8
The Postal Service azree�to pay to the Vendor for said land the sum of See Paraqrarh I
See Paragrafin _18 1--ee Para.nrar)h 18
(S
payable upon approval by the Postai Service of the Vendor's ti cution and delivery by the Vendor i
tle and exe
of a�ood and sufficient general warranty deed conveying said land with the hereditaments and appurtenances
fze :;;—p!z,
"L IL—p L�Lki w;_ L—J,
liens and encumbrances, exc--pt those specifically excepted or reserved above, together with all right, title , and I
ofthe Vendor in and to any streams, alleys, rnaLkxs�aeaxts;,n�,s, strips, gores. or railroad rights -of -way 1
abutting or adjoining said land.
1. It is agreed that the P6stal Service will defray the expenses incident to the preparation and recordation
of tAhe deed to the Postal Service and the procurement of the necessary title evidence.
4. T he vendor agrees that all taxes, assessments, and encumbrances which are a valid lien 3-ainst the land
as of the time- of conveyance to the Postal Service shall be satisfied of record by the Vendorator before ihe
trzinsfer of tAle and. the Vendor will, at the request of the Postal Service and without prior payment or
tender of the purchase ppcc, execute and deliver the general warranty deed to the Postal Service and cobtain
Lind record such oLher curative evidence of title 3sm2y be requiscd by the Postal Service. If the Vendor fails
to satisfy any such liens or fa�s to secure such curative evidence as required the Postal Service may pay said
liens an-d cure such defects and deduct any cost incurred from the purchase price of the land. Taxes for the
current year are to be pro -rated as of the date of closing.
PS Ferm 7432-U
JUIN, L9bl
Pnel of 3
4�
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5. The Vendor agrees that loss or damage to the property by fire or acts of God shall be at the risk of
the Vendor -mtil the title to the land and deed to the Postal Service have been accepted by the Postal Se7,rice
th.rough its duly authori-zed repr,-,sentative or until the right of occupancy and use of the land, -as hereinbelow
provided for, has been exercised by the PoMI Senice; and, in rhe event that such loss or damage cccurs,
the Postal Senrice may, without liability, refuse to accept conveyance of the title or it may elect to accept
conveyance or title to such property, in which case there shaU be an equitable adjustment of the purchase
price.
6. The Vendor agrees that the Postal Service may acquire title to said ]and by condemnation or other
judicial rroccedings, in which �-vcnt the Vendor agrees to cooper3te with the Postai Service in the prosecution
of such proccedin.-s; agrees that the consideration hereinabove stated shall be the full amount of the award
of just compensation, inclusive of interest, for the taking of said land; agrees that any and ail awards ofjust
comiDensation that may be made in the proceeding to any defendant shaU be payable and deductible from
the su'.d amount.
7. Tllie- a ents, emnlo. I-L-s or rep -itat'ves of the Post, -I Service shall have thc rioi-1, during, thc penod.
-9
of the subject to the use -na(A-�,, ef the prornises by the Vendor to enter unon the m;d premizcs fer the
sole of -:-Spectin.; the and -n.-Lk-;-- test borings, plans and topogznAlic.7.1 ill CC-Irl--clinn
11 C;
wirlith-ePosial Ser, ices's co .7 ternplated us-2oi* ihe premiscs.The Postal Serviceat its expe-s-I shall Promptly
res:cre 1111-1 property of the Vendor to -*ts criglinal condition in accordance With �:-,od ens:Lnee-ine rracuces.
S. Possessi-c-i of the proper-ty &�all be delivered to the purchaser on �he day the sai,- is consummated
uniess a U-4 ifferent rozisession date is here�n
'r,. - Ver 0
-L,.- idor agrees not to rent, lease or athelr�vise inc-.ease tenancy on any pert-.cn of the prcp�!rzy
to execulior of tkiis Offer to Sell Real Property,
10. it is agleed that the suouse. if an-v, of the Vendor, by sigrung below, azr--.s to join irl any deed 'to the
Pos-,al Se5lcv and to execute -any nstnarnent deemed neces&ary to convey to ihe PcstJ-, Seznic.- any separate
esiazl- or interest in the subject. property and to relinquish and i7elease any dower, cu,—Lesy,
hoi-
nesi-ead, or OCher rights or interests of such snouse therein.
11. T.-e Vendor represents and it is a condition -of acceptance of this offer that no rnember of or de!eZat-e
-0 Ccnzrf�ss, or resident commissioner, shall be admitted to or share any pan of this azTeement. or to any
cenei.ts -hat may arise therefrom; but tMs provision. Shall not be construed to ext.end to any agreement if
made with a corporation for its general benefit.
12. The Vendor warrants that no person or selling agency has been employed or retained to solicat or
secuse this contract upon an agreement or under;tanding, for a commission, percentzge, brokerage, or
ccriti"ent fee, excepting bona fide employees or bona fide established commercial or selling a-zencies
maintained by the Vendor for the purpose of securing business. For breach or violation of this warranty the
Postal Service shall have the right to annul this contract without liability or iri its discretion to deduct from
fln12 nr!.--e I�r ClOnSideration. or otherwise recover, the full amount of such commission, percentage. brokenage,
— r
or conrin-ent fee. (Licensed real estate agents or brokers having listings on property in accordanc,- with
0 Z� -
.-eneral business practice, and who have not obtained such licenses for the so!-. purpose of effecting this
contract, may be considered as bona fide employees or agencies within the exception contain ed in this clause.)
13. The terms and conditions aforesaid are to apply to and bind the heirs, executors, 2dminisTmEWS,
successors,and assigns of the Vendor.
14. AJI terms and conditions with respect to this offer are expressly contained herein and the Vendor
3UC%--S that no representative or agent of the Postal Service has made any representation or promise with
respect to thi-s offer not expressly contained herein.
15. Legaltitle is held as follows: (Show whether joint tenants, tenants in common, tenants by the
entirety. etc.)
The City of Kalispell, a Municipal Corooration
16. The following paragraphs were added =Jdtdaed before execution -
Paragraphs 17, 18, 19, 20, 21, and 22 were added.
Si---ned, Scaled, and Delivered this day of --19—
Witnesses** Vendor(s)*
NP r. 1)
Vendor
Spouse of Vendor
Vendor
(--- Cal)
spouss of Vendor
Notice of acclept2n—ce of this offer is to be sent to:
(Name. sueet num'Der. rate, and ZIP Code)
e er, o r i N o.
Aco-ept .1-ice- of Offe: to Sell Real 'Properry
The offer of th-. Vendot contain�d herein is her-�by acc--pied for and on.beha]f of tha Unnied Staics Yorzpl
scrvice.
(Name)
Witness:"
(Tale)
(Address)
:�Jdcnfify c*,r-h simarure FIL to VersdOf Or "Use. It PrOPCrY i3 located in a . te providing dower right the offer must be rmed by the
"u-sc. If unniLtried, owr=ls jegji� mariw "tus must be indiczibd. If PrOPC-'EY is in an estate or owned by a corporatior, rfidencc of
AuLhomy of the signalork-1 Mutt accompany the offr-F. Th'i ofy= mum ". a-Lnowledycid Lt required by stute sxatuteL
4
*-ne- "Cel WM be used for withemir to gignatwes if required by State low.
PS Fcwm 74-32-U
1), .19 8 1 P" 3 of 3
Addendum to OFFER TO SELL
17. This OFFER TO SELL expires on December 31, 1985.
18. The City Council of the City of Kalispell has by Resolution'
No. 3608 authorized the sale of the property for the sum of
$360,000.00, any reduction in the purchase price after an
appraisal by the United States Postal Service shall be subject
to Council approval.
19. The City of Kalispell agrees to vacate the dedicated
alley located within Block 23.
20. The City of Kalispell agrees to cooperate with the
United States Postal Service to the best of its' ability to
vacate the storm sewer easement recorded in Book 724, Page
22, Records of Flathead County and to relocate the storm
sewer line located on property owned by the Glacier Park
Company immediately to the South of the property herein
offered for sale.
21 . The Postal Service agrees that the City of Kalispell
retains full use of the premises for the remainder of the
1985 baseball season including post -season play.
22. The Postal Service agrees that the City of Kalispell
retains ownership of any field lighting and electrical
distribution poles, lines and equipment. The City of Kalispell
may remove and relocate said equipment before close of
escrow.
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