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2004/10/04 Resolution 4941 - Airport LeasesREPORT TO: FROM: SUBJECT: MEETING DATE: BACKGROUND: a Kalispell City of Po-, Offlice Box 1997 - Kahsptll, Ivloniana 9903-1997-Telephone (406)758-.700 Fax(406)758-7758 The Honorable Mayor Pamela B. Kennedy and City Council Susan Moyer, Community Development Director Frank Garner, City Manager Changes to Airport Leases October 4, 2004 On September 20, 2004, Council heard at a workshop the request by the City Airport Manager regarding a need for "clew construction" leases to run a term of twenty years or the life of the financing up to twenty years with two five year options to extend. The letter from Glacier Bank stating that this is standard banking practice was included in your September 20a' packet. Additionally, all new construction lease holders will enter into a Developers Agreement at the tirne the building permit is taken out. The Developers Agreement will insure the new structure is placed upon the tax roles and that the taxes paid will meet a pre- determined amount, set by the County Tax Assessor. This document will then generate a guaranteed amount of taxes in the event future state taxing legislation results in the reduction of personal property taxes. This Developers Agreement will be similar to the standard "payment -in -lieu of taxes" agreement used in all city developers' agreements. RECOMMENDATION: Council approves Resolution No. 4941 adopting the change to the Airport lease document: • Renewal of existing leases to be based on a 10-year lease with the option of two additional five year terms. • New construction leases will run for a period of 20-years or the life of the construction financing as established by the lending institution. This change allows flexibility for new hanger owners to negotiate with lending institutions for permanent financing based on size and cost of the project. FISCAL IMPACT: Based on the written interest provided to council at the September 20"' workshop, an estimated $22,000+ will be generated in an increased tax base and approximately $15,000 in annual lease payments. ALTERNATIVES: As suggested by Council. Respectfully submitted, Susan Moyer, Director, Community Development All .. Fifank Garner, Interim City Manager RESOLUTION NO.4941 A RESOLUTION TO ALLOW THE TERM OF HANGER LEASES AT THE KALISPELL CITY AIRPORT TO EXTEND TO TWENTY YEARS IF SO REQUIRED BY THIRD PARTY FINANCING AND TO REQUIRE NEW CONSTRUCTION LEASE HOLDERS TO ENTER INTO A DEVELOPERS' AGREEMENT WITH THE CITY OF KALISPELL. WHEREAS, on July 1, 2003 the Kalispell City Council passed Resolution No. 4804, establishing the fee structure and lease rates for hanger leases at the Kalispell City Airport; and WHEREAS, on March 1, 2004 the Kalispell City Council, by motion, approved the standard lease form for hanger leases at the Kalispell City Airport, which standard lease forth offers a 10 year term lease with two five year extensions; and WHEREAS, further review by Council and evidence provided by current and potential lessees of hanger sites on the airport property indicate that investment at the airport by means of third party financing would be impaired unless the City offers up to a 20-year term lease for third party financing in the lease improvement; and WHEREAS, it is in the best interest of the City and the Airport Tax Increment District that the City enter into a developer's agreement with new construction lease holders which insures that any new structures are placed on the City tax rolls and that such tax payments meet a predetermined amount as set by the County Tax Assessor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City Manager is hereby authorized to execute hanger leases on behalf of the City of Kalispell for terms longer than 10 years or for a term of up to 20 years if third party financing in the lease improvement requires such term. SECTION II. The City shall hereafter enter into a developer's agreement with new construction airport hanger lease holders which insures that any new structures are placed on the City tax rolls and that such tax payments meet a predetermined amount as set by the County Tax Assessor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4"' DAY OF OCTOBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk