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4. Request from Flathead Industries to Sell PropertyDATE: TO: FROM INTEROFFICE October 7, 1988 Glen Neier, Interim City :Manager Susan Mover, Housing Manager Attention: Theresa White Apparently Glen told Peter Newman of Flathead Industries that this Will be on the agenda the 19u'. Peter told me this a.m. that he's already talked to the mayor & several of the council about this request. SUBJECT: Flathead Industries — Semi Independent Living Units In 1981 the City of Kalispell purchased three properties with funds provided from a Community Development Block Grant. The three homes were then rehabilitated and converted into nine rental units to provide semi- independent living for developmentally disabled clients of Flathead Industries Inc. When the City sold the properties to Flathead Industries, the grant deeds were written with the following language: "Should said premises be used for other than a Center for the Handicapped, all right, title and estate in and to said premises shall revert to the said City of Kalispell and the grant made hereby shall be terminated. Further, the premises may not be sold by the grantee for any purpose without first such sale having been authorized by an appropriate resolution passed by the City Council and approved by the Mayor of the City of Kalispell." The semi-independent needs of the clients have changed over the past seventeen years; thus, these units are not as functional nor efficient for the aging developmentally disabled clients as they once were. Flathead Industries recently purchased three highly blighted parcels on Fifth avenue West on which they plan to build new one- story apartment units for their aging or less mobile clients. They need, however, to be free to sell the existing, older units to offset the cost of the land and to cover the cost of constriction. The new units will continue to be used in the manner the original funding tivas awarded for. As long as the proceeds of the sale of the existing units are channeled back into providing affordable housing for developmentally disabled individuals (the intent of the CDBG grant); the Department of Commerce in Helena finds no problem with this neiv proposal. Please get the concurrence of the council to amend the grant deeds to allow Flathead Industries to sell the existing units and reinvest the money into the new construction. C:\MtifilesTiflh`,Sale of Semi Independent Units r" EOU 5 rAH 796 FIA1XIAD COUNTY nvhmm nvvn THE CITY OF KALISPELL, a municipal corporation, Grantor, in consideration of One Dollar and other value, the receipt of which is hereby acknowledged, grants to FLATHEAD INDUSTRIES FOR THE HANDICAPPED, a Montana non-profit corporation, Grantee, the follow- ing described real property in the County of Flathead, State of Montana: Lot 8 of Block 70 of Kalispell Original, Mon- tana, according to the map or plat thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, Montana. This conveyance is made subject to and upon the condition that said premises may only be used as a Center for the Handicapped, to assist persons with physical, mental, developmental and/or emo- tional impairments to become more functional members of the com- munity, particularly by providing to such persons independent living facilities, but excluding facilities whose primary function is to piGv'de residerit:i.&' care to such persons in a 24-nour a day basis. Should said premises be used for other than a Center for the Handi- capped, all right, title and estate in and to said premises shall revert to the said City of Kalispell and the grant made hereby shall be terminated. Further, this premises may not be sold by the Grantee for any purpose without first such sale having been authorized by an appro- priate Resolution passed by the City Council and approved by the Mayor of the City of Kalispell. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and to the heirs and assigns forever. IN WIT14ESS WH!IREOF Grantor has caused this deed to be executed and to be signed in its corporate name by NORMA E. RAPP, its Mayor, and attested, and its corporate seal hereto to be affixed, by MARJORIE GIERMANN, its City Clerk, this 3rd day of September 1981. CITY OF KALISPELL, MONTANA ATTEST: By yLd-f���tJ 6!�JL bou 7?,5 rAGE 796 iv FLA]HEAD CQUiNlY GRANT DEED THE CITY OF KALISPELL, a municipal corporation, Grantor, in consideration of One Dollar and other value, the receipt of which is hereby acknowledged, grants to FLATHEAD INDUSTRIES FOR THE HANDICAPPED, a Montana non-profit corporation, Grantee, the follow- ing described real property in the County of Flathead, State of Montana: Lot 8 of Block 70 of Kalispell Original, Mon- tana, according to the map or plat thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, Montana. This conveyance is made subject to and upon the condition that said premises may only be used as a Center for the Handicapped, to assist persons with physical, mental, developmental and/or emo- tional impairments to become more functional members of the com- munity, particularly by providing to such persons independent living facilities, but excluding facilities whose primary function is to pi:�'viuc rC�idC1ltLGl �cii:C iG SuGi p�YSOt1S lit ci Lr!-T'ivl+.:C c. day %)aS�-S. Should said premises be used for other than a Center for the Handi- capped, all right, title and estate in and to said premises shall revert to the said City of Kalispell and the grant made hereby shall be terminated. Further, this premises may not be sold by the Grantee for any purpose without first such sale having been authorized by an appro-- priate Resolution passed by the City Council and approved by the Mayor of the City of Kalispell. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and to the heirs and assigns forever. IN WITNESS WHEREOF Grantor has caused this deed to be executed and to be signed in its corporate name by NORMA E. HAPP, its Mayor, and attested, and its corporate seal hereto to be affixed, by MARJORIE GIERMANN, its City Clerk, this 8rd day of September T. 1981. CITY OF KALISPELL, MONTANA ATTEST: By���YJ Ea Norma E. Happ, Mayor R Marjori Giermann, City Clerk BOOK 725 [AU 197 STATE OF MONTANA ) ) ss. County of Flathead ) On this 3rd day of September , 1981, before me, the under- signed, a Notary Public in and for the State of Montana, personally appeared NORMA E. HAPP, Mayor, and MARJORIE GIERMANN, City Clerk, known to me to be the persons who executed the within instrument on behalf of the City of Kalispell, and acknowledged to me that said municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notay Public for the State of Montana Resiring at Kalispell,'Montana f My Commission expires: _2__" - / P4 «ad STATE OF MONTANA, SS County of Flathead `�- Filed for re ord at the request of this day of 'tom_ 19XI ato : `' lj _o' PAGE_ Records of Flathead County, State of. Mont Fee $`Pd. ----� RECEPTION NO. 1_� -5J,/ RETURN TO �Q , f n 4,-A r ;Lock 'r M and recorded in VOL. ZA7 i f Flathead County Clerk and Re der } A zee . Deputy