HomeMy WebLinkAboutRes2018-098 Sponsored by: Bridges
CITY OF SEWARD,ALASKA
RESOLUTION 2018-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSENT ASSIGNMENT TO SEAWEED AND THE MERMAID, LLC
TO THE LEASE AGREEMENT L09-095 WITH THE DARLING FAMILY
TRUST, FOR LOT 5A, BLOCK 1, SEWARD SMALL BOAT HARBOR
SUBDIVISION, CITY OF SEWARD, KENAI PENINSULA BOROUGH
PLAT 2000-19, SEWARD RECORDING DISTRICT, THIRD JUDICIAL
DISTRICT, STATE OF ALASKA, TO EXTEND THE TERM OF THE
LEASE FOURTEEN YEARS, AND TO ADD TWO FIVE YEAR OPTIONS
TO RENEW
WHEREAS, The Darling Family Trust ("Leasee") has requested an assignment to
Seaweed and The Mermaid, LLC of their existing lease agreement with the City of Seward for
4,250 square feet, more or less of Lot 5A, Block 1, City of Seward, Seward Small Boat Harbor
Subdivision, Kenai Peninsula Borough, Plat No. 2000-19 recorded in the Seward Recording
District,Third Judicial District, State of Alaska; and
WHEREAS, Article 12 of the Lease provides that the Lessee shall have the right to
assign the lease upon findings by the Council that use is found to be in the public interest;and
WHEREAS, the lease site will continue to be utilized as a retail shop and is consistent
with current zoning and land use regulations;and
WHEREAS,the current lease has been in effect since November 11,2009; and
WHEREAS,the current lease expires on June 11,2034;and
WHEREAS, Seaweed and The Mermaid, LLC is requesting to extend the lease term by
fourteen years,and to add two five year extensions.
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 Consent to Lease
Assignment to Seaweed and The Mermaid, 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 Seaweed and The
Mermaid, LLC,in the form presented at this meeting is found to be in the public interest.
CITY OF SEWARD,ALASKA
RESOLUTION 2018-098
Section 3. This lease will expire June 11, 2048 with the option to extend twice by five
years.
Section 4. The City Manager is hereby authorized to amend and extend the lease with
Seaweed and The Mermaid LLC, in substantially the form as presented at this meeting
Section 5. This resolution shall take effect thirty (30) days from the date and posting of
adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
10th day of December, 2018.
THE CITY OF SEWARD, ALASKA
31)Y\--A CL
Sue McClure,Vice Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
B enda J. Ballou, MC
City Clerk
(City Seaek OF.SF ,
jy9°'••.
11¼
SEAL 0 `.
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FISCAL NOTE:
The lease rate including CPI adjustments from 2015 is $6,466.24 annually per the 2015 appraisal
and adjusted for inflation. This parcel will also be reappraised in 2020.
Approved by Finance Department: I.&iv/ l, cf:el<
ATTORNEYREVIEW: Yes X No
RECOMMENDATION:
----
Council approve Resolution 2018- 098 approving the assignment of lease number L09-095 with
The Darling Family Trust to Seaweed
and The Mermaid, LLC and authorize the City Manager to
amend and extend the lease as presented.
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CONSENT TO ASSIGNMENT
This CONSENT TO ASSIGNMENT is made and entered into by the City of Seward
(“City”).
RECITALS
A.The City and The Darling Family Trust are parties to that certain Lease Agreement (as
amended, the “Agreement”); dated as of 11/11/2009, as evidenced in that certain
Memorandum of Lease recorded November 30, 2009 as Serial No.2009-001641-0; and
B.The legal description of the leased property is:
Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, Kenai Peninsula Borough,
Plat No. 2000-19 recorded in the Seward Recording District, Third Judicial District,
State of Alaska; and
C.The Darling Family Trust has asked that the City consent to the assignment of all of The
Darling Family Trust right, title, and interest in and to the Agreement to Seaweed and The
Mermaid LLC.
CONSENT
1.Upon the effectiveness of Resolution 2018-098 approved by the City Council,
the City hereby consents to the assignment of The Darling Family Trust right, title and interest in
and to the Agreement to Seaweed and The Mermaid assumption of all of the obligations of The
Darling Family Trust (the assignment and assumption of the Agreement is collectively referred
to herein as the “Assignment”). Following the Assignment, the Agreement shall continue in full
force and effect with Seaweed and The Mermaid for The Darling Family Trust as applicable.
The undersigned has executed this Consent to Assignment as of the date set forth below.
City of Seward
Date: By: ______________________________________
Jeff Bridges, Interim City Manager
ATTEST:
______________________________________
Brenda Ballou, City Clerk
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