Loading...
Resolution 6238 - Amends KGA Lease & Water RightsRESOLUTION NO.6238 A RESOLUTION APPROVING AN AMENDMENT TO THE RECENT 30 YEAR LEASE RENEWAL BETWEEN THE CITY OF KALISPELL AND THE KALISPELL GOLF ASSOCIATION AND THE ASSOCIATED IRRIGATION SYSTEM IMPROVEMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE BUFFALO HILL GOLF COURSE. WHEREAS, the City of Kalispell owns certain real property within the corporate limits of the City, which is operated as the Kalispell Municipal Golf Course and commonly known and referred to as the Buffalo Hill Golf Course; and WHEREAS, approximately 140 acres of that real property were gifted to the City of Kalispell in 1938 and in 1973. Both land transfers contained deed restrictions requiring that the property be used for the purpose of developing and improving a mlulicipal golf course; and WHEREAS, the City of Kalispell and the Kalispell Golf Association executed a lease agreement on March 1, 1997 whereby the Kalispell Golf Association leases and manages said golf course from the City for a period of 20 years; and WHEREAS, that lease was updated in 2009 in order to make substantial capital improvements to the course which necessitated extending the lease for financing purposes; and WHEREAS, the lease was also updated in 2024 to include a new 30-year term in order to potentially fund improvements at the course through lending arrangements; and WHEREAS, the Kalispell Golf Association has now approached the City regarding an amendment to the most recent lease in order to make irrigation system improvements at the course, including amending language to provide the use of the groundwater right. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That the Lease Agreement between the City of Kalispell and the Kalispell Golf Association is hereby amended as follows on Exhibit "A"; the current Lease Agreement is attached hereto as Exhibit "B" and incorporated fully herein by this reference, and the City Manager is authorized to execute it on behalf of the City. SECTION 2. The proposed irrigation system improvements are hereby approved. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21 ST DAY OF JANUARY, 2025. Cti �Mark Johnson Mayor ATTEST: q oRP0RyT�+s� S1892 EAL`"'-�= Q:• AinVee Brunckhorst, CMC City Clerk B%Iltlll`hh EXHIBIT A PROPOSED LEASE AMENDMENT Current language: 9. UTILITIES: LESSEE shall also be entitled to continue use of LESSOR'S appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE in using the water from the Stillwater River under said water rights shall operate and maintain the system and pump for such purposes. Proposed Amendment: 9. UTILITIES: LESSEE shall be entitled to continued use of the LESSOR's appropriated water right from the Stillwater River, adjacent to the golf course premises, and the groundwater right at Whitefish Stage Rd. and Fairway Blvd, without charge. LESSEE, in utilizing water from the Stillwater River and groundwater from Whitefish Stage Rd. and Fairway Blvd under said water rights, shall operate and maintain the system and pumps for such purposes.