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Memo/Harball/Resolution for Sale of Armory PropertyW, '1 Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997. Kalispell, MT 59903-1997 TO: Mavor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758,7708 Fax 406.758,7771 charball@kalispell.com SUBJECT: Resolution No. 5114 — A Resolution to Sell the Armory Property to Gateway Hospitality Group, Inc. MEETING DATE: Monday, May 1, 2003 — Regular Council Meeting BACKGROUND: Earlier this calendar year, the Montana National Guard moved out of the Armory property at 1840 Highway 93 South and ownership of the property reverted back to the City of Kalispell. The 3.4 acres that comprises this property has been used as an armory since the 1950's and is located within the Kalispell Airport Tax Increment District and previously found by City Council to be blighted and in need of urban renewal. The City obtained an appraisal of the property and determined that the fair market value was approximately 1.2 million dollars. Based upon the urban renewal plan approved by council, a Request for Proposals with specific criteria was then generated and published to seek interest from the development community to inject capital into this property. Gateway Hospitality Group, Inc. [Gateway] was the sole respondent to the RFP, but submitted a substantial proposal. The proposal meets the criteria of the RFP on many points. The full -appraised market value is being offered although Gateway has no need of the structures on the property. Gateway will invest approximately 15 to 18 million dollars in the property with in -ground improvements expected to be in the range of 12 million dollars providing a much needed boost to the tax base within this TIF district. The proposed 117,300 square foot facility is a MEMM Hotel and conference center with a full service restaurant and casino. The conference center meets the RFP criteria by bringing in and circulating out of area dollars into our local economy. Other hotels in the area can expect to benefit from the conference overflow. Although the facility is in the service industry, it will create a substantial number of jobs, including some higher management positions. Gateway desires to be located adjacent to the City Airport as it anticipates benefit from fly -in Sale of Armory April 27, 2006 Page - 2 consumers. The City Airport will also benefit from the additional business this may generate. RECOMMENDATION: The City Council should consider and pass Resolution No. 5114 authorizing the sale of the Armory property to Gateway Hospitality Group, Inc. The property was marketed by the City as a TIF project for the purpose of attracting investors such as this. As urban renewal is the impetus to this project, the City should use the statutory tools available to it to make the project happen. Gateway came to the City with the anticipation that up to 10% of its hard costs investment could be contributed by the City through its TIF district. It was for this reason that Gateway responded to the RFP. Staff is recommending that the developer's agreement allow the City to contribute up to $890,000 on the project, which is approximately 7Y2% of the anticipated hard costs that will be invested by Gateway. Gateway is further offering to enter into a Net Proceeds Agreement of 10% with the City, which gives the City the additional opportunity for additional payback of its investment upon the sale, refinancing or exchange of the property. Staff further recommends that the Council direct that the proceeds of the sale be held in an interest bearing account until such time as the Community Center Committee has developed recommendations for a Community Center and a public hearing can be held to elicit public comment regarding the use of the sale proceeds toward the development of a Community Center and the City Council makes its final determination. It seems appropriate that the matter of the sale of the property be kept separate from the issue of how the City will best use the proceeds. FISCAL EFFECTS: It can be anticipated that the fiscal effects to the City from this sale and agreement will be substantially favorable. The increased tax base will generate increased tax revenue. The facility will be an anchor to the south entrance to the City which will likely spur additional much needed investment and urban renewal to this part of our City. The additional jobs created by the facility will circulate more dollars within the community as will the additional tourist dollars generated by the conference center. Respectfully submitted, Charles `I-farball, City Attorney es H. Patrick, City Manager Office of City Attorney City of Kalispell