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HomeMy WebLinkAboutRes2014-076 Sponsored by: Hunt Postponed to: October 13, 2014 CITY OF SEWARD, ALASKA RESOLUTION 2014-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSENT TO ASSIGNMENT TO SEWARD LODGING III, LLC TO THE LEASE AGREEMENT 04-017 WITH CHARLES S. BALD, FOR 8,357 SQUARE FEET, LOT 6, BLOCK 1, MARINA SUBDIVISION, KENAI PENINSULA BOROUGH PLAT S-51, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, Charles S. Bald ("Lessee") has requested an assignment to Seward Lodging III, LLC of his existing lease agreement with the City of Seward for 8,357 square feet, more or less, Lot 6, Block 1, Marina Subdivision, Kenai Peninsula Borough Plat S-51 Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the current lease has been in effect since March 24, 2004; and WHEREAS, Section 14 of the Lease provides that the Lessee shall have the right to assign the lease upon findings by the council that use is: (a) compatible of the use of adjacent lands; (b) a permitted use under existing zoning regulations and comprehensive land use plan; .�. and(c) found to be in the public interest; and WHEREAS, use of the land for a restaurant is compatible with the use for adjacent lands. The City of Seward previously approved the restaurant and use; and WHEREAS, the restaurant is a permitted use under the City's existing zoning regulations and comprehensive land use plan; and WHEREAS, the restaurant provides food to local citizens and visitors to Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a Consent to Assignment to Seward Lodging III, LLC , in substantially the form as attached hereto. Section 2. The recitals set forth above are incorporated herein by reference and adopted as findings of the City Council. For the reasons stated, an assignment to Seward Lodging III, LLC, in the form presented at this meeting will be in the public interest. Section 3. An additional section 5.4 will be added to the lease to read: "5.4 Setback as kilmo Access Easement: At the termination or assignment of this LEASE, for whatever reason, the ten CITY OF SEWARD, ALASKA RESOLUTION 2014-076 .4i foot (10') setback along the eight hundred and seventy foot (870') western boundary shall become an Access Easement, and any rights of access granted to any subsequent LESSEE(S) by the CITY need not be exclusive to the LESSEE(S)." Section 4. This resolution shall take effect 30 days from the date and posting of adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this th 13 day of October, 2014. THE CITY OF SEWARD,ALASKA 14(3041e2t40-.0"—) can Bardarson, Mayor ...j AYES: Keil, Casagranda, Terry, Squires, Butts, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: r ri a / ug�-v---- Joh nna Kinn C i Clerk (City Seal) . s .,,orr,,c y,. ''i •to ® i - F`) .* / ° i ♦ ., • V ft *Ve E V•6t., ...„r p;bx°y„. r�..IJ 4 -I Council Agenda Statement e 4 of SF� Meeting Date: September 22, 2014 Through: City Manager Jim Hunt 's 14.AsKP From: Harbormaster, Mack Funk Agenda Item: Consent to Assignment of Lease from Charles Scott Bald d/b/a the Marina Restaurant to Seward Lodging III, LLC BACKGROUND & JUSTIFICATION: Charles S. Bald currently has a lease for 8,357 square feet, more or less, Lot 6, Block 1, Marina Subdivision,Kenai Peninsula Borough Plat S-51,Seward Recording District,Third Judicial District, State of Alaska. This leased area is located at 1321 4th Avenue and the lease extends through March 24, 2034. Now,Bald has requested approval of a lease assignment to Seward Lodging III,LLC,because Bald has sold the business. Article 14 of the lease allows lease assignments upon findings by council that use is: (a) compatible with the use of adjacent lands; (b) a permitted use under existing zoning regulations and comprehensive land use plan; and (c) found to be in the public interest. This assignment does not change the rights of the adjoining parcels. INTENT: To approve a Consent of Assignment to Seward Lodging III, LLC CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): no change in land use X 2. Strategic Plan (document source here): no change in land use X 3. Other (list): FISCAL NOTE: The rate for this lease was increased to $10,800 per year in 2010. The parcel is scheduled for reappraisal in 2015. Approved by Finance Department: Jet-ta. ,j ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2014-V�pproving the assignment of lease number 04-017 with Charles S. Bald to Seward Lodging III, LLC.