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Resolution 4366/Authorizing Sale to RosauersRESOLUTION NO. _4 5Sz A RESOLUTION AUTHORIZING THE SALE OF A PORTION OF THE MIN, SECTION 20, T28N, R21W, FLATHEAD COUNTY, MONTANA TO ROSAUERS SUPERMARKET, INC., A WASHINGTON CORPORATION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ROSAUERS SUPERMARKET, INC. WHEREAS, the City of Kalispell, a municipal corporation, owns certain real property described in Exhibit "A", attached hereto and thereby made a part hereof, and WHEREAS, by Ordinance No. 1242 the City Council created the Kalispell City Airport/Athletic Complex Redevelopment Plan and approved, as an urban renewal project, the sale of said property to a developer and further authorized the City to enter into a Development Agreement with a developer upon terms and conditions consistent with said Ordinance, and WHEREAS, on February 3, 1997, the City Council authorized the City Manager to offer said property for sale and redevelopment in accordance with the Plan, and WHEREAS, Rosauers Supermarket, Inc. submitted a proposal for the purchase of said property and redevelopment of said property for purposes consistent with Ordinance No. 1242, and WHEREAS, the City and Rosaurs Supermarket, Inc. desire to enter into negotiations on a Development Agreement which adequately addresses the obligation of Rosauers Supermarket, Inc. to redevelop the property, and WHEREAS, the City Council desires to sell said property to Rosauers Supermarket, Inc. for redevelopment as specified in the Development Agreement, and WHEREAS, said property is not held in trust for a specific purpose and an election is not necessary to affect its sale, and WHEREAS, the Development Agreement shall comply in all respects with Ordinance No. 1242 and said sale will be in the best interest of the City of Kalispell and its inhabitants, and j:wp\res\Rosauers NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Manager is hereby authorized to enter into negotiations with Rosauers Supermarket, Inc. and reduce to writing a Development Agreement consistent with the Airport/Athletic Complex Redevelopment Plan, the Daly Field Offering Document, and the Redevelopment Proposal of Rosauers Supermarket, Inc. SECTION II. That upon review and approval of the Development Agreement by the City Council, the Mayor and City Clerk of Council are hereby authorized to execute all legal documents necessary to transfer, by Grant Deed, all the City's right, title and interest in the property described as a tract of land N /4, Section 20, T28N, R21W, Flathead County, Montana to Rosauers Supermarket, Inc., said sale being contingent on receipt of the sum of not less than $743,311.00 less any amounts previously received. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS DAY OF SEPTEMBER, 1997. DOUGLAS D. RAUTHE - MAYOR Attest: Debbie Gifford, CMC Clerk of Council j :wplres\Rosauers