Loading...
02/23/98 Gallagher/Haven Field Development AgreementInteroffice M E M O R A N D U M To: Clarence W. Krepps, City Manager From: Lawrence Gallagher, PECDD Director Subject: Haven Field - Dasen/City DEVELOPMENT AGREEMENT Date: February 23, 1998 CC: Haven Field Disposition File On the afternoon of February 19, 1998, after a Site Review Committee discussion of the Haven Field Development Agreement, PECDD Secretary Debbie Woodham picked up an executed copy of the DEVELOPMENT AGREEMENT between the City of Kalispell and Richard A. Dasen, dated February 11, 1998. No one in this office reviewed this final version of the document before it was executed nor was a copy or draft made available to PECDD for comment. The final and executed version of the DEVELOPMENT AGREEMENT contains substantive modifications to the original intent and modified draft version of the DRAFT Development Agreement I hand delivered to your office and to Glen Neier on or about May 13, 1997. The comments and suggestions I offered at that time, in the form of highlighted sections and hand-written margin notations for suggested changes were not, for the most part, incorporated into the final version this office received on February 19, 1998. The changes or modifications incorporated into the final document alter the original intent and reasons why the Dasen/Outlaw proposal was selected over the competing offer to purchase the Haven Field property; and, also obfuscate how the City measures the financial impact of the (unspecified) project on the tax increment. Outright, the executed AGREEMENT, as modified, eliminates the guarantee of either the tax revenue and/or an in lieu of payment that would be generated on $6,229,700.00 of assessed valuation, estimated to be at least $124,000.00 in calendar year 1998. Section 5.5 of the executed Agreement changed the tax/in lieu of payment commencement date from January 1, 1998, to January 1, 1999. In other words, instead of the anticipated guaranteed minimum of $124,000 for 1998, the Kalispell City Airport/Athletic Complex Urban Renewal project will be credited with only the actual ad valorem tax revenue generated on the assessed/taxable value of the land conveyed to Mr. Dasen on July 15, 1997. According to the Classification and cues W. xreM Pale 2 Febnwy 23,1998 Appraisal Office it has not completed the valuation of the parcel yet but it is anticipated that after adjustments back to 1992 levels as mandated by SB 195, it will be assessed in the $742,000 range which would generate only $14,900 in ad valorem taxes based on the current all purpose levy of .520252. Thus, in 1998 the City can expect $109,100 less than it negotiated when the City Council approved the sale. There are other concerns: (1) Section 5.1 includes the language "If the CITY rejects the corrected Site Plans or Construction Plans, then the Developer shall have the right to withdraw from this contract and to fully terminate all of its duties and obligations under this Agreement." Both you and I have objected to this language in previous drafts of the agreement and each time it was included or added by the Developer's attorney. I was alarmed to see it in the final document. (2) Section 7.1 allows the Developer to contest taxes after the first 5 years after completion instead of the 10 years suggested in PECDD comments on previous drafts. The inclusion of 5 instead of 10 years seems to contradict Section 5.5 wherein the Developer agrees to pay the amount ($124,000) for 10 years. (3) Significant new language has been added to Article 8. The original intent and language bound the Developer to perform what it said it would do in the original Development Agreement prior to any conveyance and that any conveyance, if approved by the City, bound the subsequent purchaser(s) or lessee(s) as well as the Developer to the same performance standards and tax or in lieu of payments. If the new language accomplishes that objective then it is okay. Will the AGREEMENT or abstract summary be recorded so that its existence will be referenced and made part of any future title reports and conveyance documents for the next 10 years?