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Resolution 3785 - Establish Fair Market Value - Griffin FieldRESOLUTION NO. 3785 A RESOLUTION OF INTENTION TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY OF KALISPELL. WHEREAS, the City of Kalispell, a Municipal Corporation, owns certain real property, to -wit: Block 23 of Kalispell, Montana, as more particularly described in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, and WHEREAS, Section 7-8-4201, Montana Code Annotated authorizes the City Council to sell, dispose of or lease any property belonging to the City upon proper passage of an Ordinance or Resolution passed by two-thirds vote of all members of the City Council, and WHEREAS, the City Council of the City of Kalispell, Montana, desires to sell said property, for the purpose of financing the purchase and development of public recreational facilities, and WHEREAS, the property is not held in trust by the City of Kalispell for a specific purpose therefore does n'ot require an election in order to authorize its sale, and WHEREAS, the property is not necessary for the conduct of City business nor for the preservation of property owned by the City and it is in the best interest of the City and its inhabitants to sell said property, and WHEREAS, at the regularly scheduled meeting of the City Council on the 4th day of April, 1988, it was determined by a vote of the City Council of the City of Kalispell that the fair market value for said property was the sum of Two Hundred Thirty-five Thousand Dollars ($235,000). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. That it is the intention of the City Council of t e City of Kalispell to sell certain real property, to -wit: Block 23, Kalispell, Montana, as more particularly described in Exhibit "A". SECTION II. That the City Council of the City of Kalispell hereby establishes the fair market value of said property to be the sum of Two Hundred Thirty-five Thousand Dollars ($235,000). SECTION III. That the City Council of the City of Kalispell shall receive sealed bid proposals, addressed to the City Clerk, for the purchase of the property from the City at the regularly scheduled Council meeting on the 20th day of June, 1988. SECTION IV. That the terms of said sale shall be cash within ten (10 ) days after the notice from the City to the prospective purchaser that the bid for the sale of said property is acceptable to the City. SECTION V. That prospective purchasers of said property shall as a condition of bidding said property, submit to the City Clerk with its proposal, cash, certified check, or bank money order in the amount of not less than five (5) per cent of the bid amount in earnest money. The earnest money, herein required, shall assure that the prospective purchaser, whose bid is accepted, shall enter into, execute and perform according to his bid. Should the prospective purchaser fail and refuse to purchase the property, he shall forfeit such earnest money to the City. The earnest money of the unsuccess- ful purchasers shall be returned. 1 1 SECTION VI. Should the successful. prospective purchaser ail to purchase the property, the City reserves the right to consider and to sell said property to the next highest prospective purchaser. SECTION VII. That the City shall require the successful prospective purchaser to bid at least ninety (90) per cent of the fair market value. SECTION VIII. Should the City fail to receive any bids for the property, or should the bids received not be at least ninety (90) per cent of the fair market value, the City Council reserves the right to sell said property at private sale in an amount agreeable between the City and the purchaser which shall be in the best interest of the City of Kalispell and its inhabitants. SECTION IX. The City Clerk and City Attorney are hereby authorized to advertise the sale of said property, both through legal notice and commercial advertisement. Legal notices of said sale shall be published at least twice on successive weeks in the Daily Inter Lake. SECTION X. The City Council hereby reserves the right to reject any and all bids, to waive any technicality or any informality and accept only that bid or proposal which may be deemed best for the interest of the City of Kalispell. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 4TH DAY OF APRIL, 1988. WhnE" Kennedy J ., Mayor ATTEST: City Clerk -Treasurer 1 EXHIBIT "A" Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, of Block 23, of Kalispell, Montana, according to the recorded plat thereof on file and of record in the Office of the Clerk & Recorder, Flathead County, Montana. 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 regular meeting held City Clerk of the City of Kalispell 1 1