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HomeMy WebLinkAboutRes2008-026A~~,~D Sponsored by: Oates F V CITY OF SEWARD, ALASKA RESOLUTION 2008-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING TERMINATION OF THE EXISTING LEASE WITH GERALD LORI AS ASSIGNED TO DANIEL AND LINDA LORZ AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH JURIS MINDENBERGS FOR LOT 5A, BLOCK 1, SEWARD SMALL BOAT HARBOR SUBDIVISION, PLAT 2000-19, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of real property described as Lot SA, Block 1, Seward Small Boat Harbor Subdivision located in the City of Seward, Alaska; and WHEREAS, in 1988 the City of Seward entered into a Lease Agreement with Gerald Lorz; and WHEREAS, the lease was assigned to Pauline Lorz in 1996 and later that same year assigned to Daniel E. and Linda S. Lorz; and WHEREAS, Daniel E. and Linda 5. Lorz desire to be released from their lease obligations and are not in default of the lease; and WHEREAS, Juris Mindenbergs desires to enter into a lease with the City in substantially the form presented at this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to execute a Termination of Lease with Daniel E. and Linda S. Lorz, and to execute a new Lease with Juris Mindenbergs, each in substantially the form as presented at this meeting. Section 2. This resolution shall take effect 30 days from the date and posting of adoption and the authorization herein shall expire if the lease termination and new lease are not executed by all parties by May 30, 2008. CITY OF SEWARD, ALASKA RESOLUTION 2008-26 THE CITY OF SEWARD, ALASKA Y Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN ATTEST: None Dunham, Valdatta, Bardarson, Smith, Kellar, Corbridge Amberg None Johanna Dollerhide, CMC Acting City Clerk Council Agenda Statement Meeting Date: April 14, 2008 From: Karl Anderson, Hazbormaster Through: Phillip Oates, City Manager ~j Agenda Item: Authorizing Termination Of The Existing Lease With Gerald Lorz As Assigned To Daniel And Linda Lorz And Authorizing The City Manager To Enter Into A New Lease With Juris Mindenbergs For Lot SA, Block 1, Sewazd Small Boat Harbor Subdivision, Plat No. 2000-19 In The Seward Recording District, Third Judicial District, State Of Alaska. BACKGROUND & JUSTIFICATION: The City is the owner of real property described as Lot SA, Block 1, Seward Small Boat Hazbor Subdivision, Plat 2000-191ocated in the City of Seward, Alaska. In 1988 the City of Sewazd entered into a Lease Agreement with Gerald Lorz. The lease was assigned to Pauline Lorz in 1996 and later that same year assigned to Daniel E. and Linda S. Lorz. Daniel E. and Linda S. Lorz desire to be released from their lease obligations and aze not in default of the lease. Juris Mindenbergs desires to enter into a lease with the City in substantially the form as presented at this meeting. Juris Mindenbergs, dba The Breeze Inn has purchased the building known as The House of Diamond Willow. He now requests to lease the property Lot SA, Block 1, Seward Small Boat Harbor Subdivision. Presently it is used for storage space, but on or before January 1, 2010, it will be used for a Port and Harbor Related Retail Business as stipulated in the lease documents. If approved by City Council, the consent to terminate the Lorz lease and enter into a new lease with Juris Mindenbergs would be in substantially the same form presented at this meeting. The consent to terminate the Lorz lease and enter into a new lease will be effective in 30 days. The assignment and release will not decrease the rent paid to the City. The new lease includes an annual adjustment to rent based on the Anchorage Consumer Price Index. CONSISTENCY CHECKLIST: Where applicable this agenda statement is consistent with the Sewazd City Code, Charter, Comprehensive Plans, Land Use Plans Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The rent is Five Thousand Six Hundred Dollars ($5,600.00) annually, subject to fair market value increases every five years. Upon execution of the new lease, the rent will be subject to annual CPI increases each yeaz in between. The last appraisal rate started on January 1, 2006 and will run through June 30, 2010. ~,;- ~J 1 Approved by Finance Department: RECOMMENDATION Council approve Resolution 2008-026, Authorizing Termination Of The Existing Lease With Gerald Lorz As Assigned To Daniel And Linda Lorz And Authorizing The City Manager To Enter Into A New Lease With Juris Mindenbergs For Lot SA, Block 1, Sewazd Small Boat Harbor Subdivision, Plat No. 2000-19 In The Seward Recording District, Third Judicial District, State Of Alaska. ~, ~ 'O