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Resolution 4181 - Resolution of Intention - Authorize Sale of Skyline Bowl Parking LotI RESOLUTION NO. 41$1 A RESOLUTION OF INTENTION TO SELL LOTS 14, 15 AND THE SOUTH 1/2 OF 16, BLOCK 67, KALISPELL ORIGINAL, KALISPELL, FLATHEAD COUNTY MONTANA. WHEREAS, the City of Kalispell, a municipal corporation, owns certain real property, to -wit: Lots 14, 15, and South 1/2 of 16, Block 67, Kalispell Original, Kalispell, Flathead County, Montana, and WHEREAS, Section 7-8-4201, MCA, authorizes the City Council to sell, dispose or lease any property belonging to the City upon proper passage of an Ordinance or Resolution passed by two-thirds vote of all members of the City Council, and WHEREAS, Section 7-15-4262, Montana Code Annotated, authorizes a municipality to sell, lease or otherwise transfer real property in an urban renewal area for urban renewal projects for residential, recreational, commercial, industrial or other uses or for public uses, and WHEREAS, the City of Kalispell did on the 10th day of September, 1979, adopt Ordinance No. 933 which created the Downtown Redevelopment Plan for the City of Kalispell, and WHEREAS, the City of Kalispell did on the 4th day of November, 1985, pass Ordinance No. 1065 designating certain projects within the Downtown Redevelopment Area, and WHEREAS, the City has held the above described property and utilized it as a parking lot for several years, and WHEREAS, the City Council of the City of Kalispell desires to sell said property for the purpose of expanding commerce and business within the Downtown Redevelopment Area, and WHEREAS, the property is under-utilized in its current use as a parking lot, and WHEREAS, the property is not held in trust by the City for any specific purpose and therefore does not require an election in order to authorize its sale, and E WHEREAS, the property is not necessary for the conduct of • the City and its inhabitants to sell said property, and WHEREAS, at the regularly scheduled meeting of the City Council on the 1st day of August, 1994, it was determined by vote of the City Council that the fair market value for said property was the sum of One Hundred and Five Thousand Dollars ($105,000). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I— That it is the intention of the City Council of the City of Kalispell to sell certain real property, to -wit: Lots 14, 15, and South 1/2 of 16, Block 67, Kalispell Original Townsite, Montana, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. SECT ON II. That the City Council of the City of Kalispell hereby establishes the fair market value of said real property to be the sum of One Hundred and Five Thousand Dollars ($105,000). SECTION III. That the City Council in determining the fair market value for the purpose of said sale of said real property shall take into consideration and account, at the time of sale, the uses provided for in the Downtown Redevelopment Plan, the restrictions upon and the covenants, conditions, and obligations assumed by the prospective purchasers of said real property, the objectives of the Downtown Redevelopment Plan for the prevention of the re- occurrence of blight and the consistent application of the Downtown Redevelopment Plan. The municipality shall consider all redevelopment of rehabilitation proposals and the financial and legal ability of persons making such proposals to carry them out. SECTION IV. That the City shall receive sealed bid proposals, addressed to the Clerk of Council, for the purchase of property from the City at an open administrative session on the 31st day of January, 1995. SECTION V. That prospective purchasers of said property should be prepared to show and demonstrate their obligation to devote said real property subject to transfer to the uses specified in the Downtown Redevelopment Plan and said purchaser's obligation to begin within a reasonable time improvements on said real property in accordance with the Downtown Redevelopment Plan. Prospective purchasers at the time of presenting their sealed bid proposal shall be prepared to demonstrate to the City Council their ability to comply 1 2 E • with the Downtown Redevelopment Plan and the financial ability to purchase the property. SECTION VI. That the terms of sale shall be cash within ten (10) days after the notice from the City to the prospective purchaser that the bid for the sale of said property is acceptable to the City. SECTION VII. That prospective purchasers of said property shall, as a condition of bidding said property, submit to the Clerk of Council with its proposal, cash, certified check, or bank money order in the amount of not less than five (S) percent of the bid amount in earnest money. The earnest money, herein required, shall assure that the prospective purchaser, whose bid is accepted, shall enter into, execute and perform according to his proposal. Should the prospective purchaser fail and refuse to purchase the property, he shall forfeit such earnest money to the City. The earnest money of the unsuccessful purchasers shall be returned. SECTION VIII. Should the successful prospective purchaser fail to purchase the property, the City reserves the right to consider and sell said property to the next highest prospec- tive purchaser. SECTION IX. That the City shall require the successful prospective purchaser to bid at least ninety (90) percent of the established fair market value. SECTION X. Should the City fail to receive any bids for the property, or should the bids received not be at least ninety (90) percent of the fair market value, the City Council reserves the right to sell said property at private sale in an amount agreeable between the City and the purchaser which shall be in the best interest of the City of Kalispell and its inhabitants. SECTION XI. The Clerk of Council and City Attorney are hereby authorized to advertise the sale of said property through legal notice. Legal notices of said sale shall be published at least three times on successive weeks in the Daily Inter Lake. SECTION XII. The City Council hereby reserves the right to reject any and all proposals, to determine whether any and all proposals submitted support the public interest in the furtherance of the Downtown Redevelopment Plan, to waive any technicality or any informality and to accept only the bid or proposal which may be deemed in the best interest of the City of Kalispell. i • PASSED AND APPROVED BY THE CITY COUNCIL KALISPELL, THIS 19TH DAY OF DECEMBER, ATTEST: ajj,� 5�' ad, eA c, Debbie GiAUMV Clerk of Council AND MAYOR OF THE CITY OF 1994. Am? ZA Doug1 D. Rauthe - Mayor 1 1