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Honorable Mayor/President and City Council Members/EDA Members January 22, 2018 Page 5 large. In comparison, the City's authority to approve or deny this particular development relate to its particularized authority to regulate the development of land, to enter into development agreements, and to require reasonable conditions on such developments. Further, because the EDA is the owner of this Property, it can make a decision on whether or not to sell the Property based on what the proposed buyer seeks to do with the Property. If the City, or the EDA, determines that they do not wish to support a firing range, then the EDA may choose not to sell the property. Those decisions, and the corresponding action, are not akin to regulation. Alternatively, the EDA can require the Developer to enter into an agreement whereby the parties enter into whatever terms the EDA deems necessary to facilitate the sale, such as a promise not to operate a firing range, should that be the desire. 13 Lastly, the EDA may be able to impose restrictive covenants on the Property which would similarly limit the future uses which may be undertaken. In these scenarios, the City or EDA are not regulating activity; they are simply choosing which terms they are willing to engage in a business transaction. V. Summary To summarize, the City's ability to regulate firearms is limited due to a patchwork of state laws. Any proposed regulation should be carefully crafted to ensure that it fits within the scope of authority reserved for local government. However, in the scope of the ongoing discussion surrounding the potential development of a firing range within the City, the EDA, as the property owner, likely has additional leverage to consider the suitability of this type of development. As the City looks beyond the current development proposal, it would also likely be beneficial to undertake a review of the City's current ordinances related to firearms, and determine if any changes are required or desired by the Council. 13 In order to hold future buyers to these terms, such agreement should be carefully crafted, and should be recorded against the Property so that future buyers are put on notice of any ongoing use restrictions. It may also be possible to accomplish this through the issuance of a conditional warranty deed with a right of reverter, whereby the property would revert to EDA ownership if a future owner used the property in a manner that was prohibited. 514948v2 AMB MU205-46