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, KALISPELL,
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 , 1985 - 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 Kalispell.;, 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 I. 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
r
I, 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 special meeting held
City Clerk of the City of Kalispell, Montana
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The Undersigned. hereinafter called the Vendor, inconsideration of one dollar tome in hand paid. receipt
of which is hereby acknowledged, and in consideration of the mutual covenants and agreements herein set
forth. her. -,by makes the irrevocable offer to sell and convey to the United States Postal Service and its assigns,
the fee simple title to the fallowing described land, with the buildings and improvements thereon; and all rights,
hereditaments easamen�s and appurtenances thereunto belonging, located in the City of ;�al>_sceI
Flat'-:e : ��ontan a
County of , State of hounded and described as follows:
All of Block 23 of Kalispell.
subject to_the._foilowing rights outstanding in third parties:--
csndi eons, and Reservations of Record.
.:.nd r'�rsar tnz io the Venidcr :Z.'. io:1G �4 l.^l� ri°�T:'1tJ aI1Q 2?tt2iv`JIS.
.one .
Th.- .erms and conditions of this offer are as follows: !
i . The Vendor r agees that this offer :.ma e to � � y b � .,e, accepted by the i`►i d States Postal Se:v;ce through any duly
authorized representative, by deiivz,;ng, mailing or reIegraphing a notice of acceptance to the Vendor at the €
address stated below, at any ti.,re within Sze Para. 17( ) caier.dar days from the date hereof_ whereupon
this offer and the acceptance thereof become a binding contract.
The Postal Service agzees,to pay to the Vendor for said land the sum of See P,ragrarh i8 3
See raragrapn _35 See Para.nraian 18 }
payable upon approval by the Postai Service of the Vendor's title and execution and delivery by the Vendor
of a'good and sufficient general warranty deed conveying said land with the hereditaments and appurtenances �
fkarw++nrn i+Plnnrtinn *n flea TS.,�r�„a �V4teS U.,arnS Co .. 1 :a c +
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liens and encumbrances, except those specifically excepted or reserved above, together with all right, title, and !
inter_st of the Vendor in and to any streams, alleys, rear xsCaedcs;,n a ,s, strips, gores, or railroad rights -of -way !
abutting or adjoining said land.
1. It is agreed that the Postal Service will defray the expenses incident to the preparation and recordation
of t;le deed to the Postal Service and the procurement of the necessary title evidence.
4. The vendor agrees that all taxes, assessments, and encumbrances which are a valid lien a;ainst the land
as of the time of conveyance to the Postal Service shall be satisfied of record by the Vendor at or before the
transfer of title and, the Vendor will, at the request of the Postal Service and without prior payment or
tender of the purchase price, execute and deliver the general warranty deed to the Postal Service and obtain
and record such other curative evidence of title asmay be required by the Postal Service. If the Vendor fails
to satisfy any such liens or fails to secure such curative evidence as required the Postal Service may pay said
liens and 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 Form 7432-U
lu$• 19bl
Pais l or 3
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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 •intil the title to the land and deed to the Postal Service have been accepted by the Postal Se: rice
through its duly authori: ed representative or until the right of occupancy and use of the land, as hereirbelow
provided for, has been exercised by the Postal Service; and, in the event that such loss or damage occurs,
the Postal Service 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 shall be an equitable adjustment of the purchase
price.
6. The Vendor agrees that the Postal Service may acquire title to said la. -id by condemnation or other
judicial rroceedings, in -,which evert the Vendor agrees to cooperate with the Postal Service in the prosecution
of such proceedings; agrees that the consideration hereinabo ve stated shall be the full amount of the award
of just compensation, inclusive of interest, for the taping of said land; agrees that any and ail awards of just
compensation that may be made in the proceeding to any defendant shall be payable and deductible from
the said amount.
7. Tllie- agents, emnIo}•ees or rep reseritat ves of the Postal Service shall have the rioit, during, the period
of the offer; subject to the. use :nade of the promises by the Vendor to enter upon the mid premi;cs for the
I r�:,cw -,Speer th cam- �� k -;-- � borings, •3 s a 6�znA '7 ''1.' C• rl
sole pt �k of ..sue, , �i:.g _ and :n4 totaplans and topes tic�l su t} 5 ill c. ;�,., ^tin•n
with tl-e Postal Ser,ices's co.7tem fated useoi the premises. The Postal Service at its exile.^.s4 shall Promptly
res:cre 1112 property of the Vendor to is cri?in'al condition in accordance With. E^.od ens:nee-ine rracuces.
S. Possession of the proper-ty &hail be delivered to the purchaser on the day the saie is consummated
uriess a different rozisession date is herein vile= fled. -�
Tire 'vendor agrees not to rent, lease or othelr ;vise inc-.ease tenancy on any pertion of the property
;ubseaue^; to execu:ion of tiiis Offer to Sell Real Property,
10. It is agreed that the spouse. if anv, of the Vendor, by signing below, agrees to join in any deed to the
Pos:al Se:-. ice and to execute any instrament deemed necessary to convey to the Postal Seznice any separate
:,r :ommanity estat_ or interest in the subject property and to relinquish and release any dower, curLesy,
ioinesr•ead, or oCher rights or interests or such spouse therein,
11. Tie Vendor represents and it is a condition -of acceptance of this offer that no :.ember of or de?elate
to Ccn7ress, or resident commissioner, shall be admitted to or share any part of this agreement, or to any
cen eras :hat may arise therefrom; but this 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 solicit or
secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or
ccnti"ent few, excepting bona fide employees or bona fide established commercial or selling agencies
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
?h1nr+_e nr el+nsideration. or otherwise recover, the full amount of such commission, percentage, brokerage,
or contingent fee. (Licensed real estate agents or brokers having listings on property in accordance with
;eneral business practice, and who have not obtained such licenses for the sole purpose of effecting this
contract, may be considered as bona fide employees or agencies within the exception contained in this clause.)
13. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators,
successors, and assigns of the Vendor.
14. AJi terms and conditions with respect to this offer are expressly contained herein and the Vendor
agrees that no representative or agent of the Postal Service has made any representation or promise with
respect to this offer not expressly contained herein.
15. Legal title is held as follows: (Show whether joint tenants, tenants in common, tenants by the
entirety, etc.)
The City of Kalispell, a Municipal Corporation __
i
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16. The following paragraphs were added =Jdtd ted before execution:
Paragraphs 17, 18, 19, 20, 21, and 22 were added.
Sinned, Sealed, and Delivered this day of l g
Witnesses* * Vendor(s)*
NPr.TI
Vendor
(CPaII
Spouse of Vendor
Vendor
(Seal) I�I
spouss of Vendor 4
Notice of accept2n of this offer is to be sent to:
I
(dame. sweet number, c^.}-, sate, and ZIP Code)
i
3
ieiet, or.: No.
Acceptance- of Offe_ to Sell Real : roperty
Date:
i
S
The offer of the Vendo: contained herein is hereby accepted for and on behalf of the Limed States Yor-al
See- vice.
(blame)
Witness: {
(Tale)
(Address)
!Identify rack simarure za to Vendor or "Use. If pro}xrty is located in a state providing dower right the offer must be r. med by the
spouse. If unmarried, owr=ls legal marital status must be indiczted. If property is in an estate or owned by a corporatioc, evidence of
■uthorny of the signaeori~s roust accompany the ofTu. Thus off= must 7e a-Lnowledged as requited by state statuteL
4
*Thews rpatzs WM be used for withemir to aigtatures if required by State law,
PS Form 7432-U --
3u1)• 1981 P" 3 of 3
a
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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