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06/13/00 Lot 1, Daley Field Offering DocumentREDEVELOPMENT SITE AVAILABLE REQUEST FOR PROPOSALS Lot 1, Daley Field Subdivision Kalispell, Montana Up to 2.98 Acres (129,808 sq. ft.) Available Zoned B-2 - General Business Located at Kalispell's South Entrance U.S. Hwy. 93 Frontage Signalized Controlled Access Lot 1 Daley Field Offering Document IJune 2000 REDEVELOPMENT SITE AVAILABLE REQUEST FOR PROPOSALS Lot 1, Daley Field Subdivision Kalispell, Montana Up to 2.98 Acres (129,808 Square Feet) Available Zoned B2 -General Business Located at Kalispell's South Entrance U.S. Hwy 93 Frontage and Signalized Controlled Access For Information Contact City of Kalispell City Managers Office P.O. Box 1997 Kalispell, MT 59903-1997 (406) 758-7703 Fax (406) 758-7758 or City of Kalispell Community Development Office P.O., Box 1997 Kalispell, MT 59903-1997 (406) 758-7740 Fax (406) 758-7742 Redevelopment proposals will be accepted prior to and until 2:30 p.m. Mountain Day Light Time, (Insert Date) by Clerk of Council, Kalispell City Hall, 312 1 st Avenue East, Kalispell, Montana. Lot f Daley Field Offering Document 1 June 2000 This presentation is not an offer to sell the subject property and is, instead, a solicitation of proposals to purchase. The City of Kalispell shall consider all redevelopment proposals and the financial and legal ability of all persons making such proposals to carry them out. The City may select the redevelopment proposal and base its final determination of the fair value of the subject property not only on the purchase price offered, but also on the proposed highest and best use meeting redevelopment plan objectives and providing the best measurable return to the tax and employment base. The successful proposal shall be accepted and approved by resolution of the City of Kalispell and in accordance with disposition procedures specific in the Montana Urban Renewal Law and by the City of Kalispell. Information provided herein is a summary, subject to error and omission, and without any warranty of accuracy. Prospective purchasers should independently verify any information provided herein. No real estate listing or agency agreement is implied directly or indirectly by reason of this presentation. The City of Kalispell reserves the right to reject any and all offers and waive informalities. SUMMARY OF IMPORTANT FACTS Property Identification: The property is commonly known as Lot 1, Daley Field Subdivision, Kalispell, Flathead County, Montana. The parcel is zoned B-2 General Business, for sale and private redevelopment. Location: Entering Kalispell, Montana, from the south, the parcel is highly visible, located immediately adjacent to and west of U.S. Hwy 93 South with a signalized intersection. The parcel has over 250 feet of highway frontage and is directly north of and adjacent to the new Rosauers Supermarket. Neighborhood: The subject property and all of the airport property is included within the boundaries of the "KALISPELL CITY" AIRPORT/ ATHLETIC COMPLEX REDEVELOPMENT PLAN (the "Plan"). The Plan is a comprehensive Urban Renewal Plan adopted by the City Council, Ordinance No. 1242, on July 1, 1996, to implement the Airport Neighborhood Plan adopted in 1993. A map of the Urban Renewal Plan area. and adjacent neighborhoods is attached as Exhibit A. Kalispell City Airport, Montana's busiest general aviation airport, is located west of the subject property and is the focus of the City's plan to redevelop the area and the airport into a FAA approved general aviation field. The airport is subject to the Feasibility/Master Plan Study conducted by Morrison - Lot 1 Daley Field Offering Document 2 June 2000 Maiierle, Inc. completed August,1999. The City Council acts as an Airport Authority to manage the facility and to attract users, provide more general aviation facilities, hangars, and, in general, enhance its use as a publicly owned general aviation field. It is advised by an appointed Airport Advisory Committee. Lot .2, Daley Field Subdivision was sold to Rosauers Supermarkets, Inc. in December of 1997. Rosauers completed construction of the 52,000 square foot grocery store and opened for business in May 2000. Site Description, Shape and Size: A 129,808 square foot rectangular parcel of land (2.98 acres) consisting of all property lying within the Daley Field Subdivision located in the NW 1 /4, Section 20, T28N, R21 W, P.M.M., Kalispell, Flathead County, Montana, recorded reception #199735115000, records of Flathead County, Clerk and Recorder. Subject to a Reciprocal Easement and Maintenance Agreement, recorded by reception #199736015140, records of the Flathead County, Clerk and Recorder. Reserving therefrom a non-exclusive roadway and utility easement, being 30 feet in width, lying southeasterly of and along the most northwesterly line of the above described Lot 1. Record Owner: Fee Simple Estate held by The City of Kalispell, Montana; a body politic. Access and Streets: U.S. Hwy 93 South and a new signalized intersection at the access to Rosauers. The Montana Department of Transportation (MDOT) plans to reconstruct Hwy. 93 South as a four lane highway in the near future. Projected implementation schedules are available from MDOT. Visibility & Traffic: This site is highly visible from all access points. Recent traffic counts from MDOT indicate approximately 16,000 ADT along this stretch of U.S. Hwy 93 South. MDOT has estimated an approximate 27,000 ADT within 20 years. Topography: All sites are level or gently sloping and at highway grade. Lot 1 Daley Field Offering Document 3 June 2000 Soils: No soils testing or subsoil investigation has been conducted by the City other than a Phase I Environmental Audit of the subject property; a copy of which may be made available to interested redevelopers. Utilities: Sanitary Sewer: Sanitary sewer is available to the subject property; however, due to grade and slope limitations, pumping may be required. Water: A 12 inch water main is located on the west side of Hwy 93 South, immediately adjacent to Daley Field. Development of the property would require the extension of the water main to each of the buildings. Electrical Service: 3-Phase, underground electrical power is available at the northerly edge of Daley Field. Providing power to new construction will require the developer to provide trenching and conduit per Flathead Electric Cooperative's (FEC) requirements. Per their current policy on extension of services, Flathead Electric will provide and pull the wire to the building site. Telephone Service: Telephone lines are located adjacent to subject property. Developer will be responsible for providing conduit in grade to nearest property line. Determination of size of conduit is regulated by Century Tel based on service requirements. Natural Gas: Natural gas is available to the subject property. Contact Montana Power Company for specifications regarding location and associated costs. Storm Drain: During the reconstruction of Hwy 93 South, MDOT intends to construct storm drainage for the runoff occurring from curb to curb of the highway. The City anticipates, subject to City Lot 1 Daley Field Offering Document 4 June 2000 Council authorization of additional funds, up -sizing the capacity of the system to accommodate a portion of potential development adjacent to the highway, including but not limited to Daley Field. Plans for storm drainage are available for consideration at this time. It is not anticipated the new highway storm drainage system will be sized to handle all runoff from adjacent properties. Proper site planning will need to accommodate the majority of the runoff in a permanent detention pond system. Utilities cannot be located under the detention pond. Highway 93 South Reconstruction: MDOT anticipates construction contracts will be awarded in the near future, subject to the proposed implementation schedule. A temporary traffic signal at Rosauers has been installed pending installation of a permanent signal. Zoning: The site is governed by the City of Kalispell Zoning Ordinance, with an effective date of March 19, 1992. A complete copy of the Zoning Ordinance is available from the City Building Department. The parcel is zoned B-2, General Business. According to Chapter 27.14. B-2 GENERAL BUSINESS, Section 27.14.010 Intent, the B-2 designation is: "A business district to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. The district would also serve the general needs of the tourist and traveler." A copy of Ordinance 1303, Zoning for Daley Field Subdivision, is attached as Exhibit B. For planning purposes, copies of selected sections of the Kalispell Zoning Ordinance are attached as Exhibit C. These include: Sections 27.14.020: Permitted Uses; 27.14.030: Uses Which May Be Permitted By Conditional Use Permit; and 27.14.040 Property Development Standards of the Kalispell Zoning Ordinance. Also attached is a copy of Airport Perimeter Resolution No. 4451 as Exhibit D. Lot 1 Daley Field Offering Document 5 June 2000 Signage: The City encourages an attractive, aesthetically pleasing signage plan that shall advertise and promote businesses that are being conducted on subject property. The sign(s) shall meet all required setback ,size and other requirements as set forth in the Kalispell Sign Ordinance. The display of billboards and/or off -premise signs will be prohibited by deed restriction on all of the land that is the subject of this offering. Parking: Parking requirements are governed by Chapter 27.26 of the Kalispell Zoning Ordinance. Tax Information and Assessment: The real estate has been "tax exempt" because the City of Kalispell, its current owner, is a public entity exempt from taxation. Now it is the City's goal to encourage the private redevelopment of the site to its highest and best use, thereby generating substantial ad valorem taxes for the tax increment district and eventually all taxing jurisdictions. In Montana and in Kalispell, both real and personal property are subject to property (ad valorem) taxation, except as provided otherwise. Property is classified and taxed in accordance with statutes enacted by the Montana Legislature. Generally, tax liability for business property is determined in the following way: Market Value x Classification Rate = Taxable Value Taxable Value x Mill Levy = Property Tax Liability The mill levy is an aggregate of state and local levies imposed annually for the purpose of funding city and county governments, schools, and the university system, in accordance with the statutes and regulations of the Montana Department of Revenue. One mill is 1 /10 of a cent — computed as $1 tax on every $1,000 of taxable value. The rate is determined by comparing the local budget requirement against the taxable value for a particular taxing district. Density Considerations: The Kalispell City Council encourages redevelopment proposals that will take maximum advantage of the parcel's potential for highest and best use and urban density redevelopment. The City encourages construction of high quality and high value building(s). While the City does not have a minimum density development standard or requirements, the Kalispell City Council will carefully evaluate all proposals and how they impact the site, the surrounding neighborhood, and the City's tax base. Lot 1 Daley Field Offering Document 6 June 2000 The subject real estate has in the. past provided both open space and an attractive landscaped entrance to the community; therefore, the City encourages redevelopment that will enhance the south entrance to Kalispell as well as meet other objectives of the Plan. Height Considerations: Subject property is located in an Airport Influence Area and development occurring within said area will be controlled and constrained by one or more ordinances. Height limitations more restrictive than requirements enumerated in the referenced Zoning Ordinance may exist due to the location, height and configuration of buildings and appurtenances located within certain proximity of the center line of the Kalispell City Airport runway. Specifications regarding required setbacks and limitations due to transitional surface slope for a B-2 visual airport are available from the City of Kalispell Zoning Administrator. Speculative Development: The City does not encourage redevelopment proposals or offers to purchase from developers desiring to purchase the land for speculation or for future unspecified redevelopment phased over a long period of time. Evaluation Criteria: Proposals that represent architectural and site planning excellence will be given preference in the selection process. Evaluation criteria include but are not limited to: (a) Originality, flexibility, and innovation in site planning and development, including architecture, landscaping, and graphic design of the proposed development. (b) Protect and enhance the south entrance to the City; appeal to residents and visitors and, thus, support and stimulate business and industry and promote the desirability of investment and occupancy in business, commercial, and industrial properties. (c) Stabilize and improve property values and prevent blighted areas and, thus, increase tax revenues. (d) Proposed purchase price. (e) Quantified job creation and employment benefits. Lot 1 Daley Field Offering Document 7 June 2000 Required Submittals: Evaluation of the proposals will be based solely upon the documents submitted in the proposal. All proposals shall include the following information: (a) A site plan drawn to scale, showing the proposed layout of all structures and other improvements including driveways, pedestrian walks, landscaped areas, fences, walls, off-street parking, and loading areas. The site plan shall indicate the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas, and indicate how exterior lighting, utility service, and drainage will be provided. (b) Architectural drawings or sketches, drawn to scale, including preliminary floor plans, with sufficient detail to permit computation of all site development criteria (i.e., setbacks, lot coverage, off-street parking requirements, building heights). The drawings will show all elevations of the proposed structures and other improvements as they will appear upon completion, including all roof mounted equipment, trash storage areas, and utility equipment. (c) Specifications as to type, color, and texture of exterior surfaces of the proposed structures, including signage, graphics, and illumination. (d) General description of proposed uses in the development. (e) Proposed purchase price. (f) Quantify proposed job creation and employment benefits. Architectural Control: Subject property lies within the City of Kalispell Urban Renewal District and as such, building designs, materials and configurations of all new buildings, appurtenances and landscaping will be subject to architectural review and approval. Required Time of Performance: The successful offerer will be required to complete build out in accordance with approved plans and specifications referenced in the projected Development Agreement within 36 months of execution of said agreement. Failure to perform within the specified time period will result in the assessment of liquidated damages in an amount to be determined and enumerated in the Development Agreement. Lot 1 Daley Field Offering Document 8 June 2000 Suggested Sales Price: The Montana Urban Renewal Law in Section 7-15-4262(3) states: "Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, a municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the municipality retaining the property; and the objectives of such plan for the prevention of the recurrence of blighted areas." The City Council will establish the fair value for the property based upon Section 7-15-4262 and in reference to the proposals submitted by potential developers of the property. The City Council may accept any proposal it deems to be in the public interest and in furtherance of the Montana Urban Renewal Law. Although the City is authorized to entertain high price offers for the property, its objective is to encourage highest and best use, excellence in design and siting, employment or job creation, and the highest possible market valuation of land and improvements for ad valorem tax purposes. The seller, the City of Kalispell, is interested in receiving offers for ALL CASH ON CLOSING. Selection — Determination of Fair Value: The City may select the redevelopment proposal and base its final determination of the fair value for the land not only on the purchase price offered but also on criteria discussed in this document, the goals discussed in the KALISPELL CITY AIRPORT NEIGHBORHOOD PLAN, and the "KALISPELL CITY" AIRPORT/ATHLETIC COMPLEX REDEVELOPMENT PLAN (Ordinance No. 1242, attached as Exhibit E). The Kalispell City Council may select the redevelopment proposal that offers fair value for uses in accordance with the Plan and best addresses the goals and objectives of the Plan and offering criteria vs. a redevelopment proposal offering a higher purchase price yet failing to or only minimally addressing offering criteria. Actual sale of any property subject to this solicitation of proposals to purchase real estate may only be accomplished in accordance with Section 7-15-4263, Montana Code Annotated. The City will begin legally advertising the property on (insert publication dates) Redevelopment proposals will be accepted prior to and until ( insert time and date), by Lot 1 Daley Field Offering Document 9 June 2000 Clerk of Council, Kalispell City Hall, 312 1 st Avenue East, Kalispell, Montana. All responsive proposals shall be reviewed and considered by the City Council. A resolution authorizing the sale of the property to the selected redeveloper will be conducted at the meeting of the City Council on ( insert day and date ) The selected redeveloper shall be required to execute a Developers Agreement demonstrating both financial and legal ability to complete the proposed redevelopment within the agreed time and for the amount specified in the redevelopment proposal. Section 7-15-4263, MCA, 1995, states as follows: Procedure to dispose of property to private persons: The municipality shall consider all redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out. The municipality may accept such proposals as it deems to be in the public interest and in furtherance of the purposes of this part and part 43. Thereafter, the municipality may execute, in accordance with the provisions of Section 7-15-4262 and Section 7-15-4264, and deliver contracts, deeds, leases, and other instruments of transfer. The City, in considering competing proposals received as a result of the published notice, shall consider the purchase price offered by the respective respondents. However, the purchase price shall not be the sole factor in disposing of the property to the selected redeveloper. The City shall consider such other factors as: proposal's potential to further the goals and objectives of the Urban Renewal Plan, background of potential developers, financial ability of potential developers to perform under the proposal, benefit to the City in general and benefit to the Urban Renewal Area in particular. The decision on disposing of the property will ultimately be based upon a broad evaluation of the proposals submitted and how the proposals individually serve the public interest. After the proposals have been evaluated and a redevelopment proposal has been selected, the City Council shall be presented with a resolution authorizing the sale of the property and authorizing the City Manager to execute a deed to the property. The resolution when passed by the City Council takes effect immediately. Developers desiring to avail themselves of City participation in a proposed development within an Urban Renewal District should be aware that additional public hearings and action by the Council may be required prior to or after the purchase. Any modifications to the Urban Renewal Project Plan shall be subject to compliance with section 7-15-4221 MCA. Lot 1 Daley Field Offering Document 10 June 2000 Although the City has not in the past considered any proposals involving a ground lease on the urban renewal property, the City in this case may consider such a proposal. However, a proposal for a lease of the property would, in addition to the matters discussed above, be required to contain a covenant that the City would not be subordinate to any mortgage or other financing arrangement. In addition, the City would require annual lease payments to be approximately 10% of the value of the property. ENDNOTES: For the information of prospective proposers the City has attached hereto the following documents as Exhibits: a. Map of the Urban Renewal Plan, Exhibit A. b. Ordinance 1303, Daley Field Subdivision, Exhibit B. C. Sections 27.14.020, 27.14.030, and 27.14.040, Kalispell Zoning Ordinance, Exhibit C. d. Resolution No. 4451, Airport Perimeter Boundaries, Exhibit D. e. Ordinance 1242, Kalispell City Airport/Athletic Complex Redevelopment Plan, Exhibit E. f. Reciprocal Easement and Maintenance Agreement between the City and Rosauers Supermarkets Inc. dated December 24, 1997, Exhibit F. g. Plat of Lots 1 and 2, Daley Field Subdivision showing future access road from 3rd Avenue East relocation, Exhibit G. h. Report of Tetra Tech, Phase 1, Environmental Assessment, Exhibit H. Entire copies of documents mentioned above are available at Office of City Clerk, City Hall, City of Kalispell, P.O. Box 1997, Kalispell, MT 59903-1997 or by calling (406) 758-7756. 2. The City of Kalispell (seller) is represented by its employees in any real estate offering, negotiation, or transaction. In the event the buyer is interested in making an offer to purchase the property, it may employ its own agent to review the transaction, represent it, and the buyer should pay its agent's fee. The basis of the fee is a matter between the buyer (redeveloper) and its agent. THE BUYER MAY ELECT TO PROCEED WITHOUT REPRESENTATION. END OF REQUEST FOR PROPOSALS Lot 1 Daley Field Offering Document 11 June 2000 ORDINANCE NO. _1-461 AN ORDIIEWS TO UMM SECTION 27.02.010, OFFICIAL ZONING XAP, CITY OF KALISPELL ZONING ORDiNANCS. (ORDZU1ICR 90. 1175) , BY ZWnn CERTAIN REAL PROPERTY DESCRI88D AS LOTS 1, 2 AND 3, DALEY FIELD SUBBDIVISION, SECTION 20, TOWNSHIP 28 NORM SANGB 21 WEST, P.K.K., FLATHEAD COUNTY (PRSVIOUSLY ZONED P-1, PUBLIC) TO B-2 (a=nAL BUSINESS), IN ACCORDANC8 WITH TH8 CITY -CONY XhSTHR PLAN, ]!►ND To PROVIDE AN SPFECTIVB DATE. WHEREAS, the City of Kalispell and RSI, LLC (Rosauer's Supermarkets, Inc.), the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be' changed to 8-2. General Business, and WHEREAS, the property as described exists as property surrounded to the North by P-1 Zoning (Public), to the East by B-2 and I-1 Zoning (General Business and Light Industrial), to the South by B-2 Zoning (General Business), and to the West by P-1 Zoning (Public), and WHEREAS, the petition 'of the -City of-KalispelI and RSI, LLC (Rosauer's Supermarkets, Inc.) was thesubject of a report compiled by the Flathead Regional-DevelopmeAt Office, #KCZ-98-5, dated January 4, 1999, in which the Flathead Development Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business as requested by the petition, and - WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report amending the FRDO report and deferred approval to the City Council as to'whether to rezone the property as described B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2; General Business, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A„ and State, *r v.' Bna.rrA of t oun`t,� Cn ►�►i Rssnnarn, Rte!_ 590 P2d 602, the findings'of fact of FRDo as get forth in Report No., KCZ-98-5, as amended by ,the toning Commission. NOW THEREFORE, BE IT ORDAINED BY THE -CITY COUNCIL OF THE CITY.OF KALISPELL AS FOLLOWS: SWIVIM I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating the property described as Lots 1, 2 and 3 of Daley Field as B-2, General Business. EXH1B1T B SECTION TT, The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SgrTTOW TTT. This Ordinance shall be effective thirty (3 0 ) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY 40UNCIL OF THE, CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS ,4 gE DAY OF 1999. ATTEST: Theresa White Clerk of Council Wm. E . - Bohar9WE"�' Mayor 2 ho ?i - Kiffvd 74oft OidWkM CE AP'M 27.14 B 2 GENERAL BUSOWM Sections: 27.14.010 Indent 21.14 Q20 Permitted UM 27.14LQ30 Uses whick May Be Permitted BY Condittond Use Permit 27.14.040 Property Development Standards 27.14.010: Intent. A bins district to provide areas At those retail sales and service timcdons and businesses whose operations am typically characumined by outdoor display, storage andfor sale of macs andisa, by major rqw of motor vebkles, and by outdoor commercial amusement and remofionai activities. 'Ibis district would also save the general needs of the wunist and Tbis distinct depends on the pmxunity to major streets and arterials. This district should be located in business corridors or in islands. 27.14.020: Permitted Uses. % Appliance dista"Naom wbolesaMepak- (Z). Athletic club. % Automobile paridng, comirnercial or public. (4). Automobile sales. (5). Automobile rental agency. tf7, Automobile repair garages, excluding body shops. (7a. Autiamobile se rvia stern (see definWma (8). Bakmy/de!4 wholesale and retail, less d= 1,500 square feet mamifa,Gauing area. - ( Barber and beauty wrvices. (10). Bar, Warm, wddafi lounge, clubs and associated commamial -. (11). Boat sales, new and used.. l (12). Building materials, aorage/sale including lumber yari �. (13� Bus passenger terminal buildings, transit terminals. " (14). Car wash, automobile Ming shop (15} Catering establishments. (16). ClwrchfworshWp wL%WSunday school buildings. (14 Dairy bar/ice cream manul5aat • retail on premise, (12). Mact iod sales and contracting companies. (19). Food processWrcwfl on prua es -no killing or dresing of flesh or fowl. EXHIBIT C 11-2 G ae d Daimm - tqs 29 (20). Food store/supermarket, etc. - no slaughtering of flesh/fowl. (21). Food stores, retaillunder 3,000 square feet. (22). Garden supplies, retail sales. (23). Glazier. (24). Heating, ventilating, air conditioning (HVAC)/sheet metal shop, saleslservim (25). Hotel, motel. (26). Janitor supplies/services/contracting. (27). Launderetteldry cleaning, customer self-service. (29). Laundries/dry cleaning plants. (29). Liquor store. (30). Locksmiths or gunsmiths. (31). Lube station. (32). Manufscan+cd home sales lot. (33). Massage parlor. (34). Motorcycle saleslrepair. (35). Music education with related performance and limited sales. (36). Newspaper office. . (37). Nursery, landscape materials. (38). Office, professional/govemmental. (39). Parks. (40). Pawn shops (no outside storage/display). (41). Plumbing/ ing materials, retail/service only. (42). Plumbing shop and yard. (43). Post office - main distribution center. (44). Post office - satellite or neighborhood. (45). Prepared food delivery facilities. (46). Printing/pub/reproducdon/bluepnnd4photostating establishment. (47). Produce stand. (49). Radiator repair. (49). Real estate sales offices. (50). Recreational area, commercial and non-commercial (see definition (51). Rental service stones and yards. (52). Repair/service-office/household equipment. (53). Restaurants. (54). Retail business (see definition). (55). Riding academy and stables. (56). RV sales. (57). Second hand stores (see definition). (58). Shoe repair. (59). Ski rental shop. (60). Small engine sales, service and repair (lawn mowers, saws). (61). 'fake and bake prepared food facility. Pas 30 - Wlspalt Zon* On i am (62). (63). (64). (65)- (66) (67). (68). (69). (70)- Taxidermist. Telecommunication companies and/or radio common carriers. Theaters in pemuneent indoor structure. Tine dealer, alignment cents. Trailer sales areas. Travel agency. Truck rentals, single axle, less than 20,100 pounds gvw. Upholstery shop. Veterinary clinic, animals. 27.14.030: Uses Which May Be Permitted By Condith»t Use Permit (1). Amusement park or zoo and similar out-of-doors activities. (2). Apartments, Accessory. (Amended Ordinance No.1195.) (3). Assembly halls/coliseums/stadiums/convention hall facilities. (4). Campground/RV Park. (5). casino. (6). Community residential f wi ities for eight or fewer persons. (Ordinance No.1209) (7). Drive-in theaters. (8). Electrical distribution station. (9). Fish sales stand, temporary. (10). Colf+courses. (11). Oolfdriving PCB cour'm (12). Hangers (aircraft) when abutting/contiguous to an airport. (13). Heliports. (14). Hostel, youth. (15). Law eaforcement/fire stations. (16). Libraries, museums, and similar cultural facilities. (17). Mobile restauranOmxlor fixilities. (19). Quasi public buUdings,-non-peofit in character. (19). Railroad rights -of -way. (20). Recycling center. (21). Restaurants, as an incidental use. (22). Rule range, indoor. (23). Schools, commercial (see definition). (24).. Shelter, public or private. (25). Temporary buildi4stin . (26). Transmission towers and accessory facilities. (27). Water storage facilities. 27.14.040: Property Development Standards. (1). Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT}: 70 B4 00=1 &wow - Prp 31 (3). Minimum Yards (M: Front Yazd - 20 Side Yard - 5 Rear Yard -10 Side Comex -15 (Amended Ordinance No.1190.) (4). Maximum Building Freight (FI): 35 (5). Permitted Lot Coverage ('%): NIA (6). Off -Street Parking: Refer to Sections 27.26 and 2727 (7� Maximum Fence Heights (FT): Front - 0 Side - 6.5 Rear - 6.5 R33OL1CFTZ0K NO. 44SI A RESOLEITION AMENDING RZSOLdTIOM NO. 3306 BY RR3DD37ING TSZ PSRIMZTSR BOONDJ RY OF T83 LANDING FIELD OF TR3 KALISP3U CITY AIRPORT. WHEREAS, the City of Kalispell established the perimeter bodidary of the Kalispell City Airport through Resolution 3306 on September 8, 1980; and WHEREAS, Phase I of a feasibility study for the Kalispell City Airport has recently been completed, revealing certain discrepancies between the height restrictions established by Resolution 3306 and height restrictions desired by the Federal Aviation Administration as part of an upgrade to the airport; and WHEREAS, the height of buildings and'otb�r structures surrounding the airport should be subject to such: regulation as to promote the public order, health; and safety, and to help ensure the airport and surrounding uses are compatible with a potential upgrade of the airport facilities. BE IT RESOLVED BY THE �CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: sty 10N t. That- Resolution 3306 is hereby amended by deleting all paragraphs beginning with "Now THEREFORE, BE. IT RESOLVED' and replacing said 'paragraphs with the following: "SECTION __ That for purposes of Section 67-5-201, M.C.A. at sea., the established perimeter boundary,' as distinguished from the actual boundary of the. Kalispell City Airport, shall be defined as- a line located* on each side of the runway at one hundred twenty-five (125) feet from the runway center line and extending two .hundred (200) feet beyond each end of the runway, with the northwest. ends of each such segment connected by a straight line two hundred fifty (250) feet in length and the southeast ends of each such segment connected by a straight line two hundred fifty (250) feet in length. 44si airport boundary.vpd EXHIBIT D aRCTTON =I. That a scale drawing of said established perimeter shall be prepared and made available for public indpection in the office of the City Building Department showing references and distances to established roads and other landmarks in the vicinity of the Kalispell City Airport. The City Building Official shall use such scale drawing for reference purposes in issuing or denying building permits in the enforcement of Title 67, Chapter 5, Montana Code Annotated." 319CTION IT. This Resolution shall become effective immediately upon its passage by the City Council PASSED AND APPROVED BY THE CITE COUNCIL AhM SIGNED BY THE MAYOR OF - THE CITY OF KALISPELL, MONTANA, THIS DAY OF MARCH, 1999. Wm.E .5ohar5ki . Wm. E. Boharski Mayor Attest: Theresa White Clerk of Council 4451 airport boundary.wpd 2 ORDINANCE NO. 1242 AM ORDINANCE- APPROVING THE VALISPELL CITY AIRPORTfATHLBTIC COMPLEx RgpEVELOPNEENT PLAN ANALYSIS FOR THE CITY OF XALISPELL, MONTANA AS AN URBAN RENEWAL PLAN; AUTHORIZING THE MANAGER TO IXPLEMEIri' THE pLAm KITH THE POWERS CONTAINED IN THE URBAN RENEWAL LAM• AND DECLARING AN EFFECTIVE MATE. WHEREAS. under the provisions of the Montana Urban Renewal Law, the City Council of the City of Xalispell, Montana, did adopt Resolution No. 4256 finding that lj plighting conditions exist within the area of the K&!itpell City Airport Neighborhood Plan, and 1) that rehab►Llitatloa, redevelopment or a combination thereof, within the area Ls necessary in the interest of public health, safety and morals or welfare of the residents of the City of Kalispell, and WHEREAS, the City Council of the City of Kalispell acting in its capacity as the -Urban Renewal -Agency has directed that att urban renewal plan for the blighted areas bedeveloped is accordance with`the Montana Urban Renewal Law; and WHEREAS. the City, Council of the City of Kalispell, Montana (heroin Agency) . has paused to be made detailed studies of the land - -uses, ownership, building conditions; dem graph;ica,'. transportation and safety within tl e !Neighborhood Plaw area and determined that said factors contribute to blighted conditions under S 7-15-4206, MCA, and are detr mental and a menace to the safety, bealth and welfare of the inhabitants and users of the area, and WHEREAS, the Agency has; been fully apprised and is aware of the factors and.conditions, and WHEREAS, there has.• been: -prep&,_ 3d an Urban Renewal Plan for the projects,, known as tho Kalispell City Airport/Athletic CompleX Redevelopment Plan Analysis (hereinafter Analysis) which has been reviewed by the Airport Advisory Board, an official advisory group; and WHEREAS, in accordance with Title 7, Chapter 15, Part 42, Montana Code Annotated, the City/County Planning Board is the duly desLatiated .arid acting official planning body for the City and. has submitted to the Agency its Input and recommendat ons--with respect to the Analysis and, -has certified that the Analysis conforms to the general plan for the locality and the Agency has duly considered the Inputs, recommendations and certification of the planning Board, and. _---M(H{BIT E WHEREAS, the Analysis has been referred to the Agency for review and approval. The Analysis consists of textual matter Inclusive of supporting material and maps and is attached hereto as Exhibit 'A' and by this reference made a part hereof, and WHEREAS, the Analysis for the project area requires, among other things: a. minimizing hazards to navigation, b. developing the airport in accordance with an airport layout plan, C. increasing development opportunities on nearby properties, d. promoting compatible land use in and around the airport, e. establishing'a funding mechanism for airport properties, and . f. establishing a priority schedule for plan Implementation. WHEREAS, the Agency is aware that a market exists in the area for commercial development consistent with the Analysis, and WHEREAS, the City will comply with Federal and State laws governing the relocation of person(s) displaced as result of implementation of the Analysis, and WHEREAS, the members of the Agency have general knowledge of the conditions prevailing in the project area and the availability of property for the relocation of families, businesses and recreational property that may be displaced by implementation of the Analysis, and have determined that a relocation program is both workable and ,feasible for the needs of the project area, and WHEREAS, the Agency is cognizant of the conditions that are .endorsed in the undertaking and carrying out of the Analysis including those prohibiting discrimination under the Montana Human Rights Act, and WHEREAS, in accordance with the S 7-15-4215, MCA, the Agency did hold a Public Hearing on June 17, 1996 after due and proper notice, both by mail and publication, of same. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF XAL.I SPELL, MONTANA, AS FOLLOWS: SECTION I. That the Kalispell City. Airport/Athletic Complex Redevelopment Plan Analysis for the City of Kalispell, Montana, contained in Exhibit 'A' hereof, having been duly reviewed 2 and considered, is hereby approved and the City Clerk of Council is hereby directed to file said copy of the Analysis with the minutes of this meeting and in the Ordinance Book. Said ordinance is to be .posted as required by law and copies made available to the public upon request. SECTION ZZ. That it is hereby found and determined that the project area of said Analysis is blighted and qualifies as an eligible project vrr the Montana Urban Renewal Law. SECTION III. That it is hereby found and determined that the objectives of the Analysis cannot be achieved except through more, extensive rehabilitation of the project area. SECTION IV. That it is hereby found .and determined that the Analysis for the project area conforms to the Kalispell City -County Master Plan or parts thereof adopted for the City •of Kalispell planning area. SECTION V. That it is hereby found and determined that a sound and adequate financial program exists in the Analysis for financing the projects contained therein. SECTION VI. That the redevelopment of the Analysis area is necessary for the proper development of the community. SECTION VIZ. That it is hereby found and determined that the Analysis for the area will afford maximum opportunities consistent with the sound needs of the locality as a Whole for the renewal of the area by private enterprise. SECTION VIII. That it is hereby found and determined that the Analysis for the area gives due consideration to the providing for adequate .park and recreational areas and facilities as may be desirable for the neighborhood improvement with special consideration for the health, safety and welfare of children using .facilities within the vicinity of the Analysis area. 3 SECTION iX. That a workable and feasible plan exists therein for making available adequate housing for person(s) who may be displaced by the Projects. SECTION X. That in order to implement and facilitate the effectuation of the Analysis, hereby approved, it is found and determined that certain official actions Bust be taken by the Agency with reference among other things to minimizing hazards to navigation, developing the airport in accordance with an airport layout plan,, increasing private development on nearby properties, promoting compatible land uses in and around the airport, establishing_ funding mechanisms for airport operations, and establishing a priority schedule for plan implementation: a) Pledging its cooperation in carrying out the Analysis; b) Directing the various officials, departments, boards and agencies of the locality having administrative responsibility in the premises likewise to cooperate to such end and to exercise the respective functions and powers in a manner consistent with the Analysis) and c) Standing ready. to consider and take appropriate action upon acceptable proposals and measures designated to effectuate the Analysis. SECTION XI. The City Council of the City of Kalispell, Montana does authorize the Manager to implement the Analysis with the powers not forth in Title 7, Chapter IS, Parts 42 4 43, MCA, and to seek financial assistance as it may become available from the Federal or State Government or such other sources as may be determined appropriate by the City Council. SECTION XII. This Ordinance will take effect from and after 30 days of its passage by the City Council. 4 FINALLY PASSED AND APPROVZD BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS / DAY OF , 1996. Attes L bDe gLetti , CHC City Cler *council `OL �+ V RECIPROCAL EASEMENT AND MAMENANCZ AGE THM AGREEMENT, made and entered into this ?. der at December, IM, by and between CITY OF KA,L SPELL, a municipal oorporatksa (•f�ty*}, and RSI, [..L.C., a Washington limited liability company being qualified in Merino, the vote initial member fat which is ROSAUERS SUPERMARKETS, INC., a Waddogton corporation (" R26). RECITALS A. City is the owner of W 1, Daley Field Sobdlvidon located in the NW 114 of Swdon.20,. T28N, R21W, P.M.M., well. Flathead County, Montana ("City Property"). City also owns W 3; Datty F%ld Subdvisioa ('Lot 3'), 13. RSI is the owner of Lot 2, Daley FkN Sobdkidon,located in the NW 1/4 of S6W2p 20. T28N, R21W, P.M.M., Kart LVe% FU&ead Canty, Montana ("RSi Pro"U..).., C. City and : RSI- visit to grant to one another an casement upon Lift I md 2, Daley Fief 5ubdivijsion, to construct and nnaiatain a private road serving both of their properties.. To that end, they are entering into dtiaF Reciprocal Easement and Maintenance Agreement. a L O _ _ GRANT OF RECIPROCAL EASEIN(E S 1.1 City hereby grants to RM, and RSI hereby grants to City, an easemm as more fully -herein. 1.2 With respect'to the grant by the City: O 1.2.1 The Bewfitted Property be the RSI Property. ,j shall 1.2.2 The Bur&riod Property shall be a thirty (30) foot strip of Iand I*& immediately north of and contiguous to the southern boundwy of Lot 1, Daley Field Subdivision. EASEMENT AND AGREEMENT -1 EXHIBIT F 199736015 D 1.3 With respect to the grant by RSI: 1.3.1 The Benefitted Property shall be Lot 1, Daley Field Subdivision; 1.3.2 The Burdened Property shall be a thirty (30) foot strip of land lying immediately south of and contiguous to the northern boundary of the RS_I Property. -- 1.4 In consideration of the reciprocal ooanants described herein, and the other benefits flowing from this Agreement, each party hereby grants to the other, and such other parties' heirs, personal representatives, successors, and assigns, a nonexclusive easement over, under, and across the Burdened Property in order to construct and maintain a private road for ingress and egress of sub other party, its lessee(s), and its and its lessee's officers, directors, employees, agents, tenants, contractors, and invitees, to the Benefitted Property. This Easement shall be a perpetual easement and shall run with the land. 1.5 This Easement and the right to use the Burdened Property shall be nonexclusive. Each Grantor hereby retains, and shall have the right to the use of the Burdened Property, and the right to grant to other parties and property owners the right to use the Burdened property, for ingress and egress, service, maintenance, and for other uses, provided such other uses will 'not unreasonably interfere with the use of the Burdened Property by each Grantee as described herein. Each Grantor reserves, and shall have the right to install, connect, and maintain, from time to time, in such Grantor's Burdened Property, utility lines and pipes, telephone lines and conduits, and light poles, and to use such Grantor's Burdened Property for other purposes, provided such uses for other purposes shall not unreasonably interfere with each Grantee's use of the Burdened Property as described in this Agreement. 1A RIGHT TO EXTEND RIGHT'S OF USE TO GRANTEE(S) OF LOT 3 2.1 On or after the date on which City sells Lot 3, Daley Field Subdivision, and after a traffic signal has been installed at the intersection of Kelly Road and U. S. #93, RSI, in its sole discretion, shall have the right to grant to the purchaser(s) of Lot 3 the right to use the private road described in Section 1.4, above, for ingress to and egress from Lot 3, in exchange for the right of the owner(s) and/or lessee(s) of Lots 1 and 2 to use a private road on' Lot 3 for ingress and egress from Lots 1 and 2. EASEMENT AND AGREEMENT - 2 1.99736015W O M. DESIGN AND CONSE'RUCTION OF PRIVATE ROAR; SHARING OF COSTS OF CONSTRUCTION 3.1 The owners of the City Property and RSI Property, or their representatives. shalt meet and collaboratively design a private road within the easement area. Recognizing that the development of either the City Property or the RSI . Property might occur before the development of the other property, the owner of the first property to seek a bui ding permit (the "Initiating Party") shall construct the private road, the center line of which shall be on the boundary line between Lots 1 and 2, Daley Field Subdivision, the owner of the other property thereafter reimbursing such party as sex forth is this Agreement. For purposes of this Agreement, the private road shall be deemed to stop at each party's curb (said curb, and curb cuts, to be included within the costs of the private road to m shared herein); neither party shall be obligated to pay for the constriction or maintenance of the sidewalks or other structures appurtenant to the other party's side of the private road. 3.2 The laitiating Party shall, prior to the commencement of construction, provide an estimate of the cast of construction of the private road to the other party. Upon completion of construction of the private road, the Initiating Party sh n ,provide to the other party an accounting of all direct costs of constructing such private road, including but not limited to costs of design, engineering, permitting, and construction, to which shall be attached documentary evidence of such costs. The other party shall pay one-half (112) of such documented costs within fifteen (15) days of receipt of such accounting. IV. SNARING OF COSTS OF MAiN'i'ENANCE AND REPAIR; MAINTENANCE AND REPAIRS DEFINED 4.1 The owners of Lots I and 2, Daley Field Subdivision, shall each pay one-half (1/2) of all expenses incurred to maintain and repair the private road; provided that, subject to paragraph 4.4, neither shall be required to contribute to the maintenance and repair of such road unless and until such party, or its lessee(s), begin to conduct retail activities on and from such party's property. EASEMENT AND AGREEMENT - 3 199736015ft 4.2 The repairs and maintenance to be undertaken and performed under this Agreement, and the costs of which shall be shared wader Section 4.1, shall include all ordfnary and necessary expenses related to the repair or maintenanct of the private road, whether currently deductible or necessarily capitati-d d, including, but not limited to, resurfacing of paved surface, filling of chuckholes, plowing, sanding, deicing, striping, cleaning, and dgning. 4.3 On or after the date on which RSI, or its lessee, opens a grocery stnre on Lot 2, Daley Field Subdivision, the owner of Lot 2, Daley Field Subdivision, or its designee, in its sole but good faith discretion, shall !rave the right to determine and manage the maintenance and repair of die private road, and to thereafter bill the owner(s) of Lot 1 for such repair and maintenance pursuant to the provisions of paragraph 4.1. The owner(s) of Lot 1 shall pay sucb bill within fifteen (15) days of receipt. Prior to undertaking any maintenance and repair, the owner of Lot 2, or its designee, shall seek to discuss such maintenance and repair with the owner of Lot 1, but its failure to thus discuss such maintenance and repair shall not absolve the owner of Lot 1 f m its obligation under paragraph 4.1, nor, if the owners of Lots 1 and 2 discuss such repair and maintenance, shall their inability to agree absolve the owner of Lot 1 from its obligation under paragraph 4.1 4.4 Notwithstanding Section 4.1 to the contrary, if the need for such repair or maintenance is occasioned by the activities by or on behalf of the owner(s) of either Lot 1 or Lot 2 (for example, if construction activities on or with respect to a party's property create a need for repair), the owner of such Lot shalt bear the cost of such repair or maintenance. V. PERSONAL *JURY AND PROPERTY DAMAGE; INDEMNITY; INSURANCE 5.1 Subject to paragraphs 5.2 and 5.3, any liability of the parties for personal injury to any worker employed to make repairs under this Agreement, or to third parties, as well as any liability of the parties for damage to the property of any such worker, or of any third person, as a result of or arising out of repairs and maintenance under this Agreement shall be borne, as between the parties, in the same percentage as they bear the costs and expenses of such construction, repairs, and maintenance. 5.2 RSI shall indemnify and hold harmless the City and their respective officers, employees, invitees, and agents for any Ions, damages and expenses (including EASEMENT AND AGREEMENT - 4 I.s97360161go attorney's fees) in connection with any claim or proceeding arising from damages or injuries received or sustained by any person or property by reason of any actions or omissions of RSI or its contractors, agents, officers or employees under this Agreement, other than claims or proceedings arising from any negligent or unlawful acts or omissions of the City or their contractors, agents, officers, invitees or employees. Promptly after receipt by - the City of notice of the commencement of any action in respect of which indemnity may be sought against RSI under this Section s.2,.dw City will notify RSI in writing of the commencement thereof, and, a 6Ject io Eire provisions hereinafter stated, RSI shall as== the. defense of such action (including the employment of counsel, wbe shalt be counsel sadstactory to the City, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against RSI. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of sucb counsel shall not be at the expense of RSI unless the employment of such counsel has been specYificOy authorised by RSI. The omission to notify RSI as herein provided will not relieve it fi+om any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. 5.3 City shall indemnify and hold harmless RSI and their respective ofimrs, employees and agents for any loss, damages, and expenses (including attorney's fees) in connection with any claim or proceeding arising from damages or injuries received or sustained by any person or prop rty by reason of any actions or omissions of City or its contractors, agents, offteia, invitees, or employees under this Agreement, other than claims or, proceedings arising from any negligent or unlawful acts or omissions of RSI, its member, or their contractors, agents, officers, invitees, or employees. promptly after receipt by RSI of notice of the commencement of any action in respect of which indemnity may be sought against the City under this Section. 5.3, RSI will notify die City in writing of the thereof, and subject to the provisions hereinafter stated, the City shalt assume the defense of sod action (including the employment of counsel, who shall be counsel satisfactory to - RSI, and the payment of expenses) insofar as mach action shall relate to any alleged liability -in respect of which indemaity may be sought against the City. RSI shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the City, unless the employment of such counsel has been specifically authorized by the City. The omission to notify the City as herein provided will not relieve it from any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. EASEMENT AND AGREEMENT - 5 ss973s0r9W SA Each party shall maintain insurance which oovers liabilities arising out of access to or the use of the private road. Each shalt seek in good faith to cause the other to be named as an additional insured on such party's insuraeice. Each parry waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for I= of, or damage to, such waiving party or its property or persons on the property of others using the private road, as to any such loss or damage which b inam4 against under any insuraucc polity in force at the time of such km or damage. W GENERAL TERMS AND CONDMONS 6.1 If after the City no longer has an interest in Lot 1, Daley Field Subdivision, a dispute arises between the parties concerning the provisions of this Agreement, and as a condition precedent to suit or action thereon, the dispute shalt be submitted to arbitration in the following manner. The party seeking arbitration shall submit to the other party a statement of the issue(s) to be arbitrated and shall designate such party's nominated arbitrator. The other party shack respond with any additional or counter statement of the issue, or issues, to be arbitrated and shall designate the responding party's arbitrator, all within fowmeen (I4) days after receipt of the initial notice. Mw two arbitrators thus nominated shall proceed promptly to select a third arbitrator. The arbitrators shall prnmpdy, as the circumstances allow and within a time established by the majority of the arbitrators, conduct a hearing on the issue or issues submitted to them, and shall put their decision in writing, which decision shall be binding upon the parties. A decision by a majority of the arbitrators shall be the decision of the arbitration pawl. The arbitrators shall have authority to award cosh and reasonable attorney fees to either party in accordance with the merits and good faith of the positions asserted by the patties. In lieu of appointing three arbitrators and in accordance with the foregoing, the parties may, by written agreement, designate a single arbitrator.. Except as provided herein the proca edings under arbitration shag be in accordance with the rules of the American Arbitration Association and the statutes of the State of Montana pertaining to binding arbitration. 6.2 Any notice or other communication transmitted by any party to any other party may be either hand delivered or sent by certified mail, return receipt EASEMENT AND AGREEMENT - 6 19973601510' requested, to the mailing addresses of the recipient party, or such other place as any party may hereafter designate to the other parties in writing. All such notices and communications shall be deemed sufficiently Oven and served for all purposes if hand delivered or if so deposited in the United States mail. 6.3 In the event legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party in such action shallbe entitled to recover reasonable attorney fees and costs incurred m such actim as determined by the court. In the event of any appeals from such actions, the prevailing party shall be entitled to recover its reasonable attorney fees and costs boarred in such appeals, as determined by the court(s). The terms "costs" shall include, in addition to statutory costs and disbursements, all costs associated with discovery depositions, expert witness fees, and out-of-pocket costs incurred by the prevailing party in the prosecution or defense of the aeon. For the purpose of this paragraph, the term "action" shall be deemed to include any proceeding commenced in any court of general or limited jurisdiction, including any proceeding commenced in the bankruptcy courts of the United States. _ 6.4 This Agreement is made in accordance with and shall be interpreted and governed by the laws of the State of Montana. U any action or other prodding shall be brought on or in connection with this Agreement, the venue of such action shall be in Flathead County, Montana. 6.5 All remedies provided for in this Agreement are distinct and cumulative to any other right or remedy afforded by law or equity and, to the extent permitted by law, may be exercised concurrently, independently, or successively. An action may be maintained to enforce such remedies in the alternative. 6.6 The parties agree to execute all documents necessary to implement the provisions of this Agreement. 6.7 The use of the singular term herein shall include the plural, the masculine shall include the feminine and neuter, and vice versa, as the context requires. - 6.8 No waiver, modification or amendment of any term or condition of this Agreement shall be effective unless in writing, executed by all of the parties. No waiver or indulgence by any party of any deviation by any other party from full performance of this Agreement shall be a waives of the right to subsequent or other full, strict or timely performance. This Agreement may be supplemented only by written documents executed in accordance with the express terms hereof, and it will not be, qualified, modified or supplemented by EASEMENT AND AGREEMENT - 7 :.99736E161q© course of dealing, usage of trade or course of performance. Neither the failure nor the delay on the part of any party to exercise any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. .6.9 There are no verbal agreements which qualify, modify or supplement this Agreement. . 6.10 if any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effa dve during the term of this Agreement, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal or otherwise unenforceable provision had Never comprised a part hereof. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part of this Agreement a legal, valid and enforceable provision as similar in terms and intent to such illegal, invalid or unenforceable provision as may be legally possible. 6.11 All rights and obligations of the parties hereunder") be binding upon and inure to the benefit of their heirs, personal representatives, successors and assiVS. 6.12 This Agreement and the easement described herein shall run with the land and shall continue so long as the private mad described in paragraph 1.4 remains a private road. DATED this 24 day of rk, -w► IAA , 1997. CITY OF KAUSPHU a municipal corporation EASEMENT AND AGREEMENT - 8 RSI, L.L.C. a Washington limited liability company By ROSAUERS SUPERMARKETS, INC. Member rI t STATE OF MONTANA ) - 19973601610 MS. County of Flathead ) On this K day of .eg-- , I997, before me personally appeared to me known to be the ,.r of the CITY OF ISPELL, a municipal corporation that executed within and foregoing inarument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute said instrument and that the seat affixed.is the corporate seat of said corporation. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the y !%year first above written. All ROTARY/PUBLIC in and for the State of ..• .+�.i = s : Montana; -residing at AOL Print Name: - �i�e •....ii lts �..._... _.._._.._ *r► My Commission Expires: STATE OF WASHINGTON ) ss. County of Spokane ) On this 214 day of 1997, before me personally appeared LARRY D. GELLER, to me known to be .the Preddent of ROSAUERS SUPERMARKETS, INC. the initial member of the limited liability company that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the .uses and purposes therein mentioned and on oath stated that he is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ICA k. J&Cff PUBLIC in and for the State of Mega, residing at Print Name: My Commission Expires:AA- t -Zone EASEMENT AND AGREEMENT - 9 SUM of A10WA ► C `..�.�-.'�ry OfriK►w1 ,V6 0 a MR tr wowd M Aw "or& d ftftw ter. th"al— Af 04 ei .9V�ok SOy Axpe � 6a f , fy �5 ! 2.980 Acres a� `,� arm � s�/s w►n/� . / �C,.�j,�► / -i iiof� _ .--+'r �p 27.41'`�•.. /. f,� Ted v /N •s t3t�27' to �. , °� t� ✓gip/ / 2i2t' $. P.O.B. Lot 2 5.257 Acres _ O 1 EXHIBIT 6 DAL" RALLFIELD PHASE I SITE ASSESSMENT - FOR THE CITY OF KALISPELL, PLANNING, ECONOMIC, AND COMMUNITY DEVELOPMENT DEPARTMENT BY 'TETRA TECH INC: October 1"6 EXHIBI H 1.0 Introduction 2.0 Methods 3.0 Site History and Description 4.0 Results 4.1 Record's Search 4.2 Site Reconnaissance 5.0 Conclusions 6.0 Recommendations 7.0 Disclaimer TABLE OF CONTENTS LIST OF FIGURES Figure I - Site Location Map Figure 2 - State CERCLIS Sites Location Map 1 1 2 2 2 7 -7 7 8 3 S 7. Flathead County Disaster and Emergency Services. Results of the Record's Search are discussed in Section 4. 1. The site reconnaissance consisted of a walk over of Parcel q in which observations were made as to evidence or sources of hazardous wastes or petroleum products on site. Results of the site reconnaissance are discussed in Section 4.2. Parcel 6 has always been an undeveloped parcel of land. It was originally sold to the City of Kalispell in 1929. The site is located on the west side of Highway 93 South, south of the Montana National Guard Station, east of the Kalispell airport in Kalispell, Montana (Figure I). The property, covering 17 acres, consists of five ballft`elds, a restroom, and a parting lot. A I937 Soil Conservation Service aerial photograph indicated this area was a hayfield. To the east, the property is bounded by Highway 93 South. To the east of)Tghway 93 South is a commercial building and a city parts. To the south, the property is bounded by a state government building. To the west, the property is bounded by the Kalispell airport and to the west of airport is the Kalispell sewage treatment plant. To the north, the property is bounded by the Montana National Guard Station. North of the National Guard Station is the Kalispell Elks Club. 4.1 RECORD'S SEARCH As previously stated, a variety of federal, state and local records were reviewed, and individuals interviewed in relation to the site. Results of the record's search are: Federal NPL sites are generally. known as Superfimd Sites. _There are no Federal NPL sites in Kalispell. State CERCLIS sites are similar to NPL sites. They have been defined as sites which contain hazardous wastes or materials and have either not been ranked for the NPL status 2 _Fb I Tetra Tech Inc. Helena, MT Project: Parcel '+ Date:10/96 Scale: Unknown Drawing: Location Map Figwe Nw6w: i Figure n___ or their ranking does not qualify for NPL status. There are ten State CERCLIS sites in Kalispell. Of the ten, only two sites are within one mile of the site (Figure 2). The two state sites are: 1. Kalispell Landfill- Willow Glen Road 2. Kalispell Landfill- Cemetery Road Investigations at these sites have indicated that contamination of ground water is low and does not pose significant threat to public health. The ground -water flow direction at the Cemetery Road Landfill is to the south southeast. Potential impacts to the subject property from the CERCLIS sites are therefore minimal. TSD Facilities are transport and disposal facilities which handle RCRA defined wastes. There are no RCRA TSD Facilities in Kalispell. While Kalispell has numerous RCRA waste generators, no RCRA waste generators adjoin or are located at the property. The ERNS List is the Emergency Response Notification List which is recorded by the EPA. The list contains all reported spills and leaks in the United States since 197S. The list was reviewed for all reported incidents in Kalispell_ Since 1982 ten spills or releases have been reported in the Kalispell area. None of the reports were fur the property. The closest reported spills or releases were at the State CERCLIS sites which as previously mentioned, do not appear to pose a threat to the property. No licensed landfills'exist within one half mile of the site. Review of the Hazardous 4 7hTetra Tech Inc, Helena, MT Project: Porcel 4 Date: 10/96 Scab G' 40(X) Drawing: CERCU; WES I CIC h 111111 Five Number: File •' "_V2 --- -- ._. 1 -Kalispell Figtjr e LEGEND Cemetery Landfill Wills wC. Ien Landfill n r- Waste Complaint Program file did show that an unlicensed dump site existed within one mile of the site. -Two sites with leaking UST's were identified from the state leaking UST list within one half mile of the property. The two sites are: 1. City Service - 1645 ffighway 93 South - Facility ID# 15-02014. On June 17, 1992 a Phase I Site Assessment was conducted at this site to determine the source of gasoline discovered in the storm sewer system. The source appeared to be from a surface spill.. Ground -water at this site is contaminated, although it does not pose a threat to Parcel 1k The site owner/operator is currently required to analyze the ground -water two times a year. No remedial activity has taken place at the site. 2. Main Stop - 1319 South Main - Facility ID# 15-09820. The gasoline teak associated with this site was discovered on April 29, 1995. Approximately 4,000 gallons of unleaded plus gasoline leaked from an aboveground storage tank. The site is currently under going a Remedial Investigation. The leaking LIST list which was reviewed has not been updated since May 1996. There may be additional leak sites that have been discovered in the mean time. Most tanks in the area would be located to the north of Parcel If along ffighway 93 South and the business district. The investigation at City Service suggests that contamination north of the site flows crossgradient to Parcel I in a southwestern direction indicating that contamination from this area would not present a threat to the property. The only registered UST adjoining the property is north at the Department of Military Affairs. One tank is presently registered at the site. 1. One 1000 gallon gasoline tank. This tank was removed on November 16, 1991: 6 In addition to the above referenced lists, Tetra Tech also contacted the following: 1. Flathead County Disaster and Emergency Services: No incident reports are on file with the county regarding Parcel 4 2. Joe Russell - Flathead County Health Department: The gasoline spill located near the City Service gasoline station in 1992 was the only incident that W. Russel[ had on record near Parcel 4.2 SITE RECONNAISSANCE Tetra Tech personnel performed a site reconnaissance of the Property on October 8, 1996. The reconnaissance determined that the property is a recreational facility (Figure 1). The site has five ballfields and a restroom building. A road exists on the north edge of the property. This road accesses Highway 93 South and is an easement to the airport. The site reconnaissance did not reveal any items of concern. The site is an undeveloped property which consists of recreational ballfzelds. The site is located adjacent to mostly service oriented commercial businesses. A site reconnaissance found no items of concern. The record's review revealed a variety of State CERCLIS sites, RCRA generators, Leaking USrs and Registered USTs within a half mile radius of the Property. Of these sites, only Montana National Guard adjoins the Property. No environmental concerns have been detected at the site. As for the other sources of contamination, not adjoining the property, it appears that ground- water contamination at UST and CERCLIS sites is generally flowing cross gradient or away from the Parcel reducing any threat of impacts. In summary, it appears that: 1. Potential impacts to the site from off -site contaminant sources is minimal. 2. No on site contamination was identified. Based on the results of the Phase I Site Assessment, the following recommendation is proposed. The City of Kalispell may have. their awn recommendations based on internal policy. 1. Sell the property with a stipulation that the buyer will accept environmental liabilities relating to the site if they become apparent at a later date. 7 This report was compiled based partially on information supplied to Tetra Tech Inc. from outside sources and other information that is in the public domain. The conclusions and recommendations herein are based solely on the information Tetra Tech obtained in compiling the report. Documentation for the statements made in the report is on file at Tetra TecWs Helena, Montana office. Tetra Tech makes no warranty as to the accuracy of statements made by others that may be contained in the report, nor are any other warranties or guarantees, expressed or implied, included or intended by the report except that it has been prepared in accordance with the current generally accepted practices and standards consistent with the level of care and skill exercised under similar circumstances by other professional consultants or firms performing the same or similar services. Since the facts forming the basis for the report are subject to professional interpretation, differing conclusions could be reached. Tetra Tech does not assume responsibility for the discovery and elimination of hazards which could possibly cause accidents, injuries or damage. Compliance with submitted recommendations or suggestions does not assure elimination of hazards or the fulfillment of clients' obligations under local, state or federal laws or any modifications or changes to such laws. None of the work performed hereunder shall constitute or be represented as a legal opinion of any kind or nature, but shall be a representation of findings of fact from records examined. Prepared by: Reviewed by: P6. 49A l9'6. S