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Resolution 5166 - Equity Supply Development Agreement Satisfaction - West Coast Hospitality GroupRESOLUTION NO, 5166 A RESOLUTION TO DETERMINE THAT THE OBLIGATIONS OF WEST COAST HOSPITALITY GROUP, SUCCESSORS IN INTEREST TO BARBIERI INVESTMENT COMPANY, INC. AND THE KALISPELL CENTER LIMITED PARTNERSHIP UNDER. THE TERMS OF ITS DEVELOPMENT AGREEMENT WITH THE CITY OF KALISPELL DATED THE 21ST DAY OF JULY, 1997 HAVE BEEN FULFILLED. WHEREAS, on the 21 st day of July, 1997, the City of Kalispell entered into a development agreement with Equity Supply Company [Equity], .Barbieri Investment Company, Inc. [Barbieri] and Kalispell Center Limited Partnership [Kalispell Center Mall for the redevelopment of blighted property owned by Equity adjacent to and north of the Kalispell Center Mall property, owned by Barbieri and Kalispell Center Mall and for the development of improvements to that property; and WHEREAS, as an integral term of the development agreement and for the purpose set forth above and to thereby increase the tax base for that property, the City of Kalispell loaned $890,000 to Barbieri and Kalispell Center Mall, said obligation to be satisfied upon repayment of the loan according to the terms of the note or upon the tax assessed value of the total property increasing by the sum of $6,600,000, the assessment deemed necessary to generate the tax revenue equivalent to the outstanding principal of the note; and WHEREAS, subsequent to execution of the development agreement and unanticipated by the parties to the contract, the State of Montana altered its method of property valuations resulting in an overall decrease in Kalispell Center Mall property assessed value by $1,200,000 between the years of 1996 and 2005. However, over the same period of time the tax revenues from the overall property have increased from the annual bill of $353,296 paid in 1996 to $467,993 paid in 2005; and WHEREAS, West Coast Hospitality Group, successors in interest to Barbieri and Kalispell Center Mall are current in payments on the note, and pursuant to the agreement, the blight on the Equity property has been abated; and WHEREAS, West Coast Hospitality Group also recently invested $6,116,981 in improvements to the Red Lion Hotel, an additional $644,600 on other site improvements, and $1,100,000 in the Heritage Bank Project, all located upon the Kalispell Center Mall property. It is anticipated that this investment in the site will increase the annual tax revenues an additional $113,000; and WHEREAS, West Coast Hospitality Group has further offered to gift the Equity property for development of a performing arts center as further anchor to the Kalispell downtown core; and WHEREAS, West Coast Hospitality Group has met the intent of the agreement by making the required payments on the note, abating the specific blight identified on the Equity property, investing capital in the redevelopment of the downtown Kalispell core, and increasing the tax revenues to the local governments to meet or exceed the remaining principal of the outstanding note. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALIS P E LL AS FOLLOWS SECTION I. The City Council hereby finds that based upon the evidence set forth in the recitals above it concludes that West Coast Hospitality Group has met the terms of the development agreement dated July 21, 1997 and has particularly met the investment requirements of the agreement to increase tax revenues to the local government bodies so as to offset the principal balance of the outstanding loan amount owed to the City of Kalispell and the note is therefore determined to be fully paid. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KALISPELL, THIS 4TH DAY OF DECEMBER, 2006. f Pamela B. Kenned Mayor ATTEST: Theresa White City Clerk