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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 `. 57 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. 58 59 60 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 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92