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4. Resolution 4366 - Bid Award - Daley Field - Authorize SaleAgenda -September 15, 1997 AGENDA ITEM 4 - RESOLUTION 4366-BID AWARD-DALEY FIELD -AUTHORIZING BACKGROUND/CONSIDERATION: I have enclosed the memo from Mr. Gallagher and the KDC minutes (In Item #3) regarding the offering for the sale of Daley Fields. As you will see, the KDC and the staff recommend the sale of the 5.25+ acres to Rosauer's. Upon the completion of that sale, we will then re -offer the balance of the property. RECOMMENDATION: I concur with the recommendation as submitted. This sale will allow the City to 'leverage" the upgraded value of this sale to (hopefully) increase the value of the balance of the 15.6 acre parcel. With other potential developers knowing that a supermarket will be constructed on this site, our other parcels should be more attractive. We still may receive the same type of development proposals, but we should, with a final product and after the sale of the entire parcel, net more proceeds for the land than we will with the King Management, Inc. proposal. (As a side note, this project will allow the ballfields to be used by legal agreement, during the 1998 season.) ACTION REQUIRED: APPROVAL of Resolution 4366 will allow us to finalize the sale and development agreement terms. I E clli� 0i Kalispell Incorporated 1892 Manning, Economic & Community Development Department P.O. Box 1997 Kalispell, MT 59903-1997 �ivj L-74 I I Le 4 248 Third Avenue East (406) 758-7740 (406) 758-7739 (office fax) (406) 758-7758 (City Hall fax) To: Clarence Krepps, City Manager From: Lawrence Gallagher, PECDD Director t Subject: Staff Recommendation - Daley Field Proposals Date: September 12, 1997 After the September 8, 1997, City Council Work Session and September 9, 1997, Kalispell Development Corporation (KDC) Executive Board Meeting, staff finalized its draft recommendations and is prepared to recommend that you request City Council ' approval to enter into a purchase and sale and redevelopment agreement with Rosauers Supermarkets Inc. as per their offer to purchase and redevelop not less than 5.25 acres at a price of $3.25 per square foot. Throughout the review process it has become obvious that the Rosauers proposal best satisfies the offering criteria established by the City, the objectives of the Urban Renewal Plan, and will result in the highest net sales proceeds for the City for the sale and redevelopment of the 15.6 acres offered for sale. Acceptance of the Rosauers proposal will allow the City to sell the residual parcels at an anticipated price well in excess of $2.00 per sq ft and will also generate significant tax increment revenues to assist with Kalispell City Airport improvements. The immediate cash generated from the sale of the single parcel will enable the City to meet its cash requirements for additional contributions to fund the ballfield relocation project. The City Council should be advised that the traffic signal contingency set forth in the proposal will be satisfied in the redevelopment agreement by the City's acknowledgement that it will pay an estimated $80,000 as its share of the cost of placing the traffic signal at 3rd Ave East and Hwy 93 South. MDOT will be provide underground electrical connections and other infrastructure required for the traffic signal. The cost of installing a temporary signal, if required, will be negotiated in the purchase and sale and redevelopment agreement and could add an additional $10,000 to the City's share of the project costs. OPPORTUNITY Clarence Krepps, City Manager Page 2 September 12, 1997 Rosauers has agreed that if their proposal is accepted and approved by the City Council they will cooperate with the City in reconfiguring the site to adjust boundaries to best facilitate and accomodate common access from the 3rd Ave East intersection with Hwy 93 South to serve not only their proposed location but also the residual parcel that will remain unsold to the north. This may require shifting their site slightly to the south. Additionally, they will provide a site plan that will accomodate cross easements for the parcel remaining to be sold to the south. Upon City acceptance of their offer they will engage an architect and site planner to develop a site plan and elevations for the grocery store. Rosauers has emphasized their willingness to close the purchase of this property as soon as site planning is completed and the redevelopment agreement is executed. The City should have not less than $743,311 in land sale proceeds available for other obligations during calendar year 1997. Staff and a representative of Rosauers will be available next Monday to answer any questions the Council may have. Council Members should review the materials submitted with their September 2, 1997, City Council Meeting packets for additional information regarding the proposals for the sale and purchase of Daley Field. I�TL�1� Date: August 26, 1997 To: Larry Gallagher, PECDD Director From: Diana Harrison, Zoning Administrator RE: Zoning Analysis of Daley Field Proposals Your memo of August 20, 1997, asks me to look at the planning and zoning issues of each of the two proposals for the Daley Field site. In the following paragraphs I have attempted to address each of the proposals and each of the separate uses proposed. I have identified the parking, landscaping and setback issues as best I could with the information provided. Proposal by King Management for the Daley Field Site The proposal by King Management Inc. to develop the Daley Field site consists of nine (9) separate uses. It appears from the site plan, that the intent is to subdivide the property into nine (9) separate parcels of land, and to provide cross easement agreements for access. The B-2, General Business zoning district has a minimum lot area requirement of 7000 square feet, with a 70' minimum lot width requirement. Although the site plan that has been submitted does not show any property dimensions, it appears that all of the parcels would meet these minimum requirements. The B-2 zoning district has setback requirements as follows: Front Yard - 20 ft.; Side Yard - 5 ft.; Rear Yard - 20 ft.; & Side Corner - 15 ft. It is my understanding, that the developer was aware of the required setbacks when preparing the site plan. It is the intent of the B-2, General Business zoning 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. This district would also serve the general needs of the tourist and traveler. The following are the proposed uses on the Daley Field site by King Management, Inc.: A.) Auto Dealership - Automobile sales are a permitted use within the B-2 zoning district. The required parking is one (1) space per 1,500 square feet of gross floor area plus one (1) space per employee on the largest shift. B.) Airport or Automotive Service Business - This is a permitted use in the B-2 zoning district. An automotive "body shop" is not included under this use, and is not permitted in the B-2 zone. This use requires one (1) parking space per 400 square feet of gross floor area plus one (1) space per employee on the largest work shift. C.) Hangars and/or Office/ Retail Space - Hangars are not a permitted use in the B-2 zone. The developer would have to apply for a "text amendment" to the zoning ordinance to make "hangars" a permitted use in the B-2 zoning district. A text amendment would require a hearing in front of the Planning Board and an ultimate decision by the Kalispell City Council. Although the FAA is not generally supportive of "through the fence operations", it would ultimately be the decision of the Airport Authority whether or not to allow access to the runway from the Daley Field site. If a decision was made by the Airport Authority to allow this, the FAA would most likely place some strict controls on the access. The FAA would encourage the Airport Authority to have a written agreement with the owners of the hangars, that they pay their share of operation and maintenance costs for airport facilities. It has been the intent of the City and the Airport Advisory Committee to fence the entire perimeter of the airport. Office space and retail space have different parking requirements, and it is based on the type of use and the size of the building. Parking requirements would have to be determined once there is a firm proposal from the applicant. D.) Convenience Store/Gas Station/Casino - A convenience store is a permitted use in the B-2 zone, as long as it is under 3,000 square feet. The gas station would be considered an accessory use to the convenience store. Parking requirements for a convenience store are one (1) space per 100 square feet of gross floor area. A casino is a conditionally permitted use in the B-2 zone. Generally an establishment is not considered a casino when the premise contains no live card games, has less than six (6) gambling machines, and the gambling devices are clearly incidental to the primary use of the establishment. E.) Quick Lube - This is a permitted use in the B-2 zone. Required parking is three (3) spaces per service bay. F.) Restaurant / Pizza Parlor / Diner - The site plan shows these as three (3) separate uses on three (3) separate parcels. Each of these is a permitted use in the B-2 zone. If the restaurants are less than 4,000 square feet in floor area, they require one (1) space per 100 square feet of gross floor area. G.) Hotel - This is a permitted use in the B-2 zone. Hotel parking requirements are one (1) parking space per sleeping room plus one (1) per each two (2) employees. It is my understanding that the developer plans on submitting a new site plan that will show the proposed parking layout and the size of the proposed structures. This site plan should also incorporate the proposed landscaping of the parking areas. The zoning ordinance requires that a minimum of five percent (5%) of the total parking area shall be landscaped. The current site plan does not show any landscaping of the parking areas, but does show a 20' green strip along the Highway 93 boundary, which is especially encouraged along the roadway. One other item that needs to be addressed, is the height of the proposed buildings. With the Kalispell City Airport being located adjacent to this property, there are height restrictions in place so that the buildings do not encroach into the transitional zone of the airport. From the rear property line (West property line) there is a 7:1 height transition zone. This means that for every 7' the building is away from the property line, it can go up 1' in height. The Kalispell Public Works Department will survey this property and determine elevations, so that we can determine the maximum elevation for a structure. At this time, it is difficult to determine whether this project meets all of the requirements of the Kalispell Zoning Ordinance. I am hopeful, that the revised site plan will be drawn to scale and provide new and additional information so that it can be determined what the parking, landscaping, and building height requirements will be for this project. Proposal by Rosauers Supermarkets, Inc. for the Daley Field Site The proposal by Rosauers Supermarkets, Inc. to develop the Daley Field site is to construct a new 50,000 square foot supermarket to take the place of their existing Kalispell facility. According to their proposal, they will only purchase a portion of the site, leaving two (2) parcels available for future sale. Although they do not show cross easements on the site plan, they have agreed in their proposal to provide easement agreements to buyers of the remaining two parcels. The parcel they would like to purchase greatly exceeds the lot size requirements of the B-2, General Business zoning district. According to the site plan that was submitted by Rosauers, they are located 20' back from the rear (West) property line, which is the required zoning setback. Although the site plan does not indicate the height of the building, they were aware of the restrictions that the airport transitional zone placed on the building. The 7:1 transition zone begins at the rear (West) property line, and it has been determined that a 20' building could be built at that setback line. If the elevation is higher at that point than it is at the runway centerline, they may possibly have to do some excavating so that they do not exceed the height limitations. Once the Kalispell Public Works Department determines the elevations for the property, we can determine the maximum building elevation at the 20' setback line. The intent of the B-2, General Business zoning district is to provide areas for those retail sales and y 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. This district would also serve the general needs of the tourist and traveler. The following is the proposed use on the Daley Field site by Rosauers Supermarkets, Inc.: A.) Supermarket - This is a permitted use in the B-2 zoning district. The required parking is one (1) space per 200 square feet of gross floor area The site plan that was submitted by Rosauers shows that there will be 265 parking stalls. The zoning ordinance requires a minimum of 250 parking spaces, so they are exceeding that minimum requirement by 15 spaces. Although the percentage of landscaping is not calculated on the site plan, it appears that they meet and/or exceed the 5% landscaping requirement of the zoning ordinance. It appears from the site plan that has been submitted by Rosauers, that the project meets most, if not all of the zoning ordinance requirements. I would ask that Rosaurs submit elevation drawings of the building, so that I can determine whether it meets the airport transitional zone requirements. I would also ask that they calculate the percentage of landscaping of their entire parking area. I asked that the Public Works Department and the Parks Department provide their input to me so that I could include it in this memo. In a written memo from Mike Baker, Director of Kalispell Parks and Recreation Department, he has listed the following comments regarding both of the proposals: A.) He is concerned that the buildings and all improvements be in conformance rAith the B-II airport designation, in relation to setbacks, height of buildings, potential uses, etc. B.) It is the intent of the Parks Department, to continue the tree scape along Highway 93 South. The Highway 93 South design is currently being developed, but will be flexible so as to accommodate any new commercial development, yet add a traditional western gateway to Kalispell. C.) The Parks Department also feels that scheduling of the development is crucial to prepare strategies for development of the Youth Athletic Complex. The Kalispell Public Works Department has stated that whoever develops this site, needs to address their drainage concerns. They have suggested that the developer look at the drainage swale at the Ranch and Home store just South of the Daley Field site as an example. At this time they cannot guarantee that the site will be able to drain entirely into the storm drain system. The system will be designed to handle historic flows, and anything beyond that will have to be handled on site. There will be not storm drain system available until the completion of Highway 93 South. It appears that both projects will have to extend the sewer main to accommodate their developments. The sewer line is currently located at the Southwest corner of the property. It is the City's policy, to require that each parcel be adjacent to the sewer main. Each of the developments will have to address fire protection. either with water main extensions or with the installation of fire hydrants. It appears that the Rosaurs proposal may have to run a water line for a short distance to accomodate a fire hydrant close to the building. The King Management proposal will need to extend the water main to provide individual services to each parcel. I-0 I Huy cc Date: September 10, 1997 To: Larry Gallagher, PECDD Director From: Ross Plambeck, Redevelopment Manager RE: Daley Field/Analysis of Proposals Submittal Requirements & Selection Criteria Your memo of August 20, 1997, asks me to "comment on the overall site planning and aesthetic considerations" of the two proposals. The DALEY FIELD OFFERING DOCUMENT identifies specific criteria for evaluating "Proposals that represent architectural and site planning excellence will be given preference in the selection process. " The document defines the objectives and purpose for the evaluation as follows: (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 and 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 Criteria for evaluation of the proposals will be based upon the documents submitted in the proposal and 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 Page 2 Daley Field/Analysis of Proposals August 26, 1997 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. U.S. Hwy 93 & the South Entrance to the City of Kalispell The sale of both Haven and Daley Fields provide the opportunity to create quality development to enhance the south corridor of the City. Both Offering Documents include selection criteria based on design excellence. The south corridor is experiencing redevelopment and improvements that are enhancing the aesthetics of the area. The Haven Field development proposal accepted by the City includes architectural renderings and site plans showing a quality development of office and retail uses. Good site planning and landscaping will enhance and complement the major remodeling that has occurred at City Service South and The Gable's Office Building (formerly Ace Powell Gallery). The widening of U.S. Hwy 93 South will also bring visual improvements to the corridor with new landscaping, curb & gutter, controlled access and sidewalk/bikepaths. The Daley Field Proposals Two proposals were submitted. The Rosauers Supermarket Proposal is for a 5+ acre development for a single, stand alone 50,000 sq.ft. store, and a proposal from King Management is for a 15+ acre motel/retail/restaurant development of various sizes and types. As proposed, the two developments are quite different from each other. The following table attempts to define the physical differences between them: Proposal King Management, Inc. Rosauers, Inc. Total Acres 15.65 acres 5.25 to 5.75 acres Total Sq.Ft. of New Development 80 unit motel, 5,500 sf restaurant, the remainder is not identified 50,000 sf supermarket Start of Construction Phased: July, 1998 to 2001 + To coincide with Hwy 93 South reconstruction: Spring `99 or later Page 3 Daley Field/Analysis of Proposals August 26, 1997 Proposal King Management, Inc. Rosauers, Inc. Site Plan Preliminary schematic design. Preliminary schematic drawn to Parcel pattern indicates strip scale indicating number of parking commercial design with interior spaces, circulation and areas of access road. landscaping. Ingress/Egress A north -south road in the middle A proposed new private road of the development will provide extending to the west of the interior access connecting with the realigned and signalized 31 Ave. Hwy 93 intersections at Kelly East and Hwy 93 intersection will Road and 3" Ave. East provide access to the northerly pads. The southerly part of the parcel would be accessed from the Kelley Rd. signalized intersection. Architectural None submitted. Based on A perspective rendering indicates Elevations conversations with Broker Rep, a typical new style Rosauers with each development would be architectural features on the utilizing their own generic identity storefront only. The rendering of strip commercial design. does not seem to coincide with the site plan configuration. Conditions of Sale Access to City Airport with small Joint -use agreement of the new plane storage and work area. private road with the developer of the north property. Agreement discusses no additional assessments. However, the Stoplight at 3rd Ave. East must be property will be assessed for storm installed prior to construction. water and street maintenance. (Items 8D & 8M) No assessments for stoplight at 3' Ave East nor Kelley Road. Agreement states all zoning issues resolved. However, the casino No assessments for Hwy 93 may require a CUP and airplane improvements or storm drainage. hangars are not permitted in the B- 2 zone. (Item 8N) Restrictive covenants prohibiting any other "competing" food/drug stores on remainder of Daley Field Page 4 Daley Field/Analysis of Proposals August 26, 1997 Conclusions Both proposals bring new added value to the old ballfield site. Both take advantage of the planned intersections at 3rd Ave. East and Kelley Road for ingress and egress. The King Management proposal uses standardized strip commercial design for building architecture and site planning. Rosauers has stated it will develop a building design specific to the site and complimentary to the area. if their proposal is accepted. Nearly a million visitors to the Flathead pass through this primary approach to the City, the north -end of the Valley and Glacier Park. First impressions are important to the economic well being of a community. The desires to stop, shop, eat, and stay are a combination of many factors that include the right mix of uses, ease of access, adequate parking, and visual appeal. The aesthetic quality of a project is the blending of good site planning, architectural excellence, attractive signing, pedestrian access, and superior landscaping. The City and the developers have a unique opportunity to construct a quality project on 15 acres served by existing utilities and adjacent to a new, five lane highway with signalized intersections. The current proposals do not take advantage of using architectural design and materials that capturing the character of the Flathead Valley. The proposals do offer the same style of site planning and building design you can find anywhere else in strip commercial design. The City identified its desire for excellence and uniqueness of design in the Offering Document. Neither proposal currently offers anything that distinguishes itself from each other, nor from anyplace else. Both proposals should look at the many award winning shopping center designs that have been built in other communities to encourage them to do the same for Kalispell. a -i N " :� < 0 z 0 r- Dco m "o Dz r-0 -t a O N N CD y Cn Q «' Df CD m = -• 0 C7 v `-D c m CL 0) O En 0- (D a K = 0 '0 � (D -0 � ��fCD Qy. 3 CD y(D o `� 0 c0i � o � m 0: fD r D> N CD O CU n N N s CD .n C O n N C) = (D = D N CA O (n C9 Q' m N ice!" m C O CD W ��O• d y CD X (A N a% a s CD m rn N N CD CD CL n v v N G o C) (D 11 0 0o co m a) vVi �D = V K n No "n a °C' rD• _ n �, _ m 3 r N o ooio m �C7 v A W �� m O �Cj N = V OD N = 0 o. O co � 'O" V 0~i W O .n = Oo O N CAo :P N A g A ID C w A '� . G Q G 00 .p O p00 C 0 0 G v O O O O •a .. O �D = v yl T W N c% CD V '7 Co O CA v o p p N o o CD ^N iq m m N 69 ffl CD 07 Oi bi EA "'' N W v cl W V m m V (n N N to CD .D.• O W W W OD y V 'A n a co CD (h W? 0 CL n O O` NN CWO d) V 01 WOD __ O' G COD O co m ° (a K CD N N y m w o m a 'm -i m o a ; m m m o m D c 3 3 N N {q m G L C. O _ W R 9 O O •O• L ca = m m O 'O O m = 0 mo 0 CD L O = O < C7 IIq� A m N N ID = it N ;3 O "" O m < Q 3 C O ➢7 'O L -� O m m m m m `< N N N m= m m 0. 1.0 Ct m CA L m m a UI = m iA = w a m (DPa N <D y y m N N N m a" to N. m A = CCil �' 0 ' m m Cn co 0o O m i m V m n a N °' _ W W a 0 m a m n j O �. m m co W o c w 0 CNn c p v Cn o itco v m m c m x 3 rn ID o !� m 21 a �• - c y a ,Q N C m 7C ao 0 M O m N N CD O m o. c a 3 m y m a .,NQ , N � �' m m m m o c o a m O C O. CD `. CD y G �G 00 = 0 v m `� m C.)°' W o � 0 = (D p N a = m RESOLUTION NO. -A366. A RESOLUTION AUTHORIZING THE SALE OF A PORTION OF THE NWV4, 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:wplres\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 NWi/a, 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:wp\m\Rosauers EXHIBIT "A" r` That portion of the Northwest Y4 of Section 20, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, more particularly described as follows: Commencing at the Northwest corner of the Southeast 1/ of the Northwest 1/. of said Section 20; thence along the Easterly line of said aliquot part South 00001,581, West 148.88 feet to the Point of Beginning of the parcel being described; thence South 33006110/1 East 1200.75 feet to the Northwesterly line of that parcel described as Tract II in Document No. 9202116120, records of Flathead County; thence along said Northwesterly line of said Tract II, North 56055116" Bast 439.83 feet to the Southwesterly right-of-way line of U.S. Highway No. 93; thence along said Southwesterly right-of-way line, North 33004119" West 1568.07 feet to the Southeasterly line of that parcel described in Book 372, Page 172, records of Flathead County; thence along said Southeasterly line of said parcel South 56052157/1 West 300.01 feet to the Northeasterly line of that parcel described in Book 507, Page 116, records of Flathead County; thence along said Northeasterly line of said parcel, South 33015145" East 60.37 feet to the Southeasterly line of said parcel; thence along said Southeasterly line of said parcel, South 56048158" West 140.83 feet; thence South 33006110" East 306.49 feet to the Point of Beginning, containing 15.651 Acres of land, all as shown on Certificate of Survey No. 12729. Reserving therefrom a non-exclusive roadway and utility easement, being 30 feet in width, lying Northwesterly of and along the most Southeasterly line of the above described Parcel 4. 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 Parcel 4. RESOLUTION NO. 4366 A RESOLUTION AUTHORIZING THE SALE OF A PORTION OF THE NW14, SECTION 20, T28N, R21W, FLATHEAD COUNTY, MONTANA TO KING MANAGEMENT, INC., A MONTANA CORPORATION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH KING MANAGEMENT, 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, King Management, 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 King Management, Inc. desire to enter into negotiations on a Development Agreement which adequately addresses the obligation of King Management, Inc. to redevelop the property, and WHEREAS, the City Council desires to sell said property to King Management, 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\King 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 King Management, 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 King Management, 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 in Exhibit "A", said sale being contingent on receipt of the sum of not less than $1,364,000.00 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\King EXHIBIT "A" That portion of the Northwest 'A of Section 20, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, more particularly described as follows: Commencing at the Northwest corner of the Southeast 1/4 of the Northwest 1/ of said Section 20; thence along the Easterly line of said aliquot part South 00001,581, West 148.88 feet to the Point of Beginning of the parcel being described; thence South 33006110" East 1200.75 feet to the Northwesterly line of that parcel described as Tract II in Document No. 9202116120, records of Flathead County; thence along said Northwesterly line of said Tract II, North 56055116" East 439.83 feet to the Southwesterly right-of-way line of U.S. Highway No. 93; thence along said Southwesterly right-of-way line, North 33004119" West 1568.07 feet to the Southeasterly line of that parcel described in Book 372, Page 172, records of Flathead County; thence along said Southeasterly line of said parcel South 56052157" West 300.01 feet to the Northeasterly line of that parcel described in Book 507, Page 116, records of Flathead County; thence along said Northeasterly line of said parcel, South 33015145" East 60.37 feet to the Southeasterly line of said parcel; thence along said Southeasterly line of said parcel, South 56048158" West 140.83 feet; thence South 33006110" East 306.49 feet to the Point of Beginning, containing 15.651 Acres of land, all as shown on Certificate of Survey No. 12729. Reserving therefrom a non-exclusive roadway and utility easement, being 30 feet in width, lying Northwesterly of and along the most Southeasterly line of the above described Parcel 4. 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 Parcel 4.