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Leistiko to Garner/Red Eagle AviationJames Patrick, City Manager Fred A. Leistiko, Airport Manager Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 250-3065 Fax - (406) 758-7758 TO: ✓City Manager, Frank Garner (Interim) City Attorney, Charles Harball Community Development Director, Susan Moyer .5 FM: City Airport Manager Fred A. Leistik RE: Proposed Purchase and negotiations on Red Eagle Aviation l . I first met with Dave Hoerner in July, 2004, to discuss removal of his easement across the City's property that was proposed to be sold to Whitefish Credit Union. At that meeting Mr. Hoerner agreed to remove his easement across City property provided the City acquire an alternate easement to his business through the National Guard property which lies between his business and Highway 93. 2. Subsequent to this meeting I negotiated a memorandum of understanding with the National Guard headquarters in Helena. The National Guard agreed to allow transportation across their property since the property would be turned over to the City of Kalispell within the next 18 months anyway. City Attorney was given the documentation for preparation of the MOU. 3. The MOU information was reported to Mr. Hoerner. His response was to ask about the City's interest in acquiring his entire property given the fact that it was scheduled for purchase under the current redevelopment plans. Mr. Hoerner and I started negotiations for the purchase of his property with the understanding that the City would not be in a position to pay a cash settlement until after the FAA agreed to fund the redevelopment of the airport. 4. When the City purchased the Torgenson property, Mr. Hoerner asked me to sit down with him and discuss seriously the purchase of his property. A. Mr. Hoerner wanted to be an FBO on the new renovated airport and he wanted the make that clear to the City. B. Mr. Hoerner was convinced that the City was ready to move forward with the redevelopment of the airport. C. Mr. Hoerner realized that his business was a through -the -fence operation that would be frowned upon by the FAA after the redevelopment took place. D. Mr. Hoerner wished to maintain his business, and it was not for sale. However, he would be willing to sell the property and improvements to the City at a fair appraised price. 5. The appraised price came in at $551,000 and the review confirmed that price. Mr. Hoerner agreed to a purchase price of $600,000 for the property including the improvements. 6. After reviewing the price and discussing the proposal with the Airport Advisory Council, I believe that the City should seriously consider closing this deal for the following reasons: A. This will allow the Whitefish Credit Union buy -sell to go forward. B. This will eliminate a problem with a through -the -fence operation. The Hoerner property abuts the current taxiway and jurisdiction/liability becomes a serious problems if not eliminated. C. The City will own the property all the way to Highway 93 once the National Guard property is turned over to the City. D. When the redevelopment occurs, this operation, now owned by the City, would be moved to a new location on the airport. The FAA will participate in this move. E. Once the move is made, a portion of this property could be considered with the National Guard property making it a more valuable piece of property with Highway 93 frontage. 7. The purchase is structured without any immediate cash outlay. Mr. Hoerner will agree to take the purchase price in a lump sum when the FAA agrees to go forward with the redevelopment. In the meantime the city will take possession of the Red Eagle property and Mr. Hoerner will lease it back from the City. No lease money will change hands. Instead, Mr Hoerner will take a debit towards the original purchase price until the redevelopment takes place. Mr. Hoerner will be responsible for upkeep on the property the same as he is now and Mr. Hoerner will sign one of our current leases. 8. I fully support this acquisition under the conditions outlined herein and as soon as the legal documentation can be completed. October 25, 2004 AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER