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Resolution 5954 - Creates Tourism Business Improvement DistrictRESOLUTION NO. 5954 A RESOLUTION CREATING A TOURISM BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE TERMS OF TITLE 7, CHAPTER 12, PART 11 OF MONTANA CODE ANNOTATED. WHEREAS, pursuant to Title 7, Chapter 12, Part 11 of Montana Code Annotated, the City of Kalispell is authorized to create business improvement districts; and WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than 60% of the area of the property to be included in the district composed of noncontiguous areas that have the common purpose of providing overnight stays at lodging facilities which properties are shown on the attached Exhibit "A" and which by this reference is made a part hereof; and WHEREAS, the aforementioned petition requests that the City of Kalispell create a business improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA; and WHEREAS, the purpose of said business improvement district appears to promote the health, safety, prosperity, security and general welfare of the inhabitants of the City of Kalispell and the proposed district, and appears to be of special benefit to the property within the boundaries of said proposed district; and WHEREAS, on November 4, 2019 the Kalispell City Council issued Resolution 5947 declaring its intent to create a business improvement district for the City of Kalispell, Montana, to fix a date of a public hearing for December 2, 2019, and to provide for publication of notice of said hearing; and WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of real property within the proposed district listed on the last completed assessment roll for state, county, and school district taxes, at the owner's last -known address, on the same day the notice was first published or posted; and WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required by MCA 7-12-1113, the office of City Clerk received no written protests, and there is therefore insufficient protest to bar proceedings as allowed by MCA 7-12-1114. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That the Kalispell City Council shall create a business improvement district, effective July 1, 2020, pursuant to Title 7, Chapter 12, Part 11 Montana Code Annotated, the term of which shall be ten (10) years and which shall be known as the "Kalispell Tourism Business Improvement District." SECTION 2. Said business improvement district shall be those properties identified on the attached Exhibit "A" which by this reference is made a part hereof as well as any future lodging facility located within the corporate limits of the City of Kalispell with five or more rooms providing overnight stays for transient patrons as its business. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF DECEMBER, 2019. Mark Jo so Mayor ATTEST: Ai�Brunckhorst, CMC``�`\M I®F1 City Clerk \\`�� GRrb ,� rn 111111111\ EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn, 1830 Highway 93 South Siri Hari LLC, 1130 E. Main St, Cut Bank, MT 59427 Assessor No. 0112600 Acres 1.47 Lot IA of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana America's Best Value Inn, 1550 Highway 93 North SHRI Karishna, LLC, 1130 E. Main St., Cut Bank, MT 59427 Assessor No. 0976349 Acres 0.94 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho Blue & White Motel, Inc., PO Box 249, Kalispell, 59903 Assessor No. 0084500 Acres 2.81 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South SHRI HARI LLC, 1130 E. Main St., Cut Bank, MT 59427 Acres 1.47 Assessor No. 0703050 Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil' s Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Fairbridge Inn & Suites, 1701 Highway 93 South RMH9 LLC, PO Box 66, Harrison, ID 83833-0066 Assessor No. 0877530 Acres: 4.67 and 2.29 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 1st Avenue WN Camren Center LLC, 281 1St Ave WN Assessor No. 0946500 Acres 0.16 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell, 1140 Highway 2 West Spring Creek Development, LLC, 12906 N. Addison St, Spokane, WA 99218 Assessor No. 0981479 Acres 4.78 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South Kalispell Hotel, LLC, Assessor No. 0586900 Acres 3.44 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road DNRC, Property Owner: Cal Clausen, Sterling Hospitality, 8923 E. Mission #135, Spokane Valley, WA 99210 Assessor No. 0012481 and 0503466 Acres 3.45 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Homewood Suites by Hilton, 195 Hutton Ranch Rd Buffalo Ventures II LLC, 17 Lockwood Dr., Ste, 400, Charleston, SC 29401 Assessor No. 0501948 Acres 3.21 Lot 6 of Hutton Ranch Plaza Phase 1 Subdivision in the Northwest quarter and Southwest quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street CM Clark, PO Box 986, Kalispell, 59903 Assessor No. 0020900 Acres 0.16 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana Marriott Springhill Suites, 250 Old Reserve Drive DNRC, Property Owner: Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0014871 Acres 2.304 That portion of the south one-half (S 1/2), Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, more particularly described as follows: Commencing at the center 1/4 corner of said Section 36; thence along the East-West mid-section line of said Section 36, S89°58'06" E 867.68 feet to the southerly right-of-way of Reserve Loop and to the beginning point of a curve to the left having a radius of 935.04 feet from which the radius point bears N21°02'033" E, thence along said right-of-way and along said curve an arc length of 342.96 feet; thence continuing along said right-of-way S89°58'22" E 57.56 feet to the true point of beginning of the tract of land herein described; thence continuing along said right-of-way S89°58'06" E 335.13 feet; thence S00°12'01" W 300.00 feet; thence N89°58'06" W 333.92 feet; thence N00°01'47" W 300.00 feet to the true point of beginning, containing 2.304 acres. Montana Base Camp, 1000 Base Camp Drive Andy Matthews Assessor No. 0013911 Acres 47.8 Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern Half of the Southeast Quarter of Section 29 and North Half of the Northeast Quarter of Section 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South Ashish Patel, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0599250 Acres 1.87 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana My Place, 755 Treeline Rd Mike Johnson, 2900 Harrison Ave, Butte, MT 59701 Assessor No. 0507168 Acres 2.29 Lot 1 of Treeline Center Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Quality Inn, 1330 Highway 2 West Nikhil Parekh, Rujava LLC, 818 Scott Blvd, Santa Clara, CA 95050 Assessor No. 0428680 Acres 2.65 A portion of Tract 113 in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main RLH Corp, Gary Sims, 1550 Market St, Ste 350, Denver, CO 80202 Assessor No. 0974450 Acres 22.45 Tracts SBA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8, 1341 1st Avenue East RL Morse Inc, 1341 1St Ave E, Kalispell 59901-5801 Assessor No. 0036470 Acres 1.01 Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main Hari Darshan LLC, 1130 E. Main St., Cut Bank, MT 59427-3126 Assessor No. 0263865 Acres 0.964 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana