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Resolution 4195 - Intent to Sell City Property Portion of Old College Site989 RESOLUTION NO. 4195 A RESOLUTION OF INTENTION TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY OF KALISPELL, WHEREAS, the City of Kalispell, a municipal corporation, owns certain real property, within the Downtown Redevelopment Area, to - wit: Lots 1, 2, 3, 4 and the northerly 7 inches of Lot 5, Block 36, Kalispell, Flathead County, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, and WHEREAS, Section 7-15-4263, Montana Code Annotated, authorizes the city to dispose of real property located in an urban renewal area by inviting proposals from private developers and other persons interested in undertaking redevelopment activities within the urban renewal area, and WHEREAS, the City purchased said property under Resolution No. 3634, for the purposes of acquiring additional property in the Downtown Redevelopment Area in order to provide additional land for redevelopment by private enterprise and for parking, and WHEREAS, the City Council of the City of Kalispell, Montana, desires to sell said property, for the purpose of providing property to private developers for development in accordance with Ordinance No. 933 and Ordinance No. 1065, and WHEREAS, the property is not held in trust by the City of Kalispell for a specific purpose and therefore does not require an election in order to authorize its sale, and WHEREAS, the property is not necessary for the conduct of City business nor for the preservation of property owned by the City and it is in the best interest of the City of Kalispell and its inhabitants to sell said property. NOW, THEREFORE, be it resolved by the City Council of the City of Kalispell, Montana, as follows: SECTION I. That the City of Kalispell sell certain real property, to -wit: Lots 1, 2, 3, 4 and the northerly 7 inches of Lot 5, Block 36, Kalispell, Flathead County, Montana, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County. 990 SECTIQN II. The City Council hereby establishes the fair market value of said property to be in a range of not less than $6.65 per square foot and not greater than $10.00 per square foot. The City shall require the successful purchaser to bid at least the minimum fair market value. SECTION III. That the City of Kalispell shall receive sealed bid proposals, addressed to the City Clerk of Council, for purchase of the property from the City until 11:00 o'clock A.M., on the 22nd day of February, 1995. All bids will be opened by the City Manager at an open administrative session commencing at 11:30 A.M. on the 22nd day of February, 1995, in the Council Chambers, City Hall, Kalispell, Montana. SECTION IV. That the terms of said 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 V. That prospective purchasers of said property shall as a condition of bidding said property, submit to the City Clerk of Council with their proposal, cash, certified check or bank money order in an amount of not less than five (5) percent of the bid amount as 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 bid. Should the prospective purchaser fail and refuse to purchase the property, he shall forfeit such earnest money to the City. The earnest money of unsuccessful prospective purchasers shall be returned. SECTION VI. Should the successful prospective purchaser fail to purchase the property, the City reserves the right to consider and sell said property to another prospective purchaser. SECTION VII. The City in considering competing proposals received as a result of 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 a successful purchaser. The city shall consider such other factors as: proposals 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 urban renewal area, in particular. The decision on disposing of the property will ultimately be based upon a broad evaluation of the proposals submitted 2 ■ 1 1 and how the proposals individually serve the public interest. SECTION VIII. Should the City fail to receive any bids for the property or should the bids received not be at least the minimum fair market value established by this Resolution, the City Council reserves the right to sell the property at private sale at an amount agreeable between the City and a purchaser which shall be in the best interests of the City of Kalispell and its inhabitants. SECTION IX. The City Clerk of Council and City Attorney are hereby authorized to advertise the sale of the property, both through legal notice and commercial advertisement. Legal notices of the sale shall be published at least threetimes on successive weeks in the Daily Inter Lake. SECTION X. The City Council hereby reserves the right to reject any or all bids to waive any technicality or informality and accept any bid which may be deemed best for the interests of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 28TH DAY OF JANUARY, 1995. ATTEST: OJKQw-'�i �A d (2mo Debbie Gi tou CNCClerk of 1 ,ter, � ' ♦ �.�r��t� t. sRauthe, mayor M