HomeMy WebLinkAboutRes2005-110
Sponsored by: Corbridge
CITY OF SEWARD, ALASKA
RESOLUTION 2005-110
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, CONSENTING TO SETTLEMENT OF ALL POTENTIAL
CLAIMS AND TERMINATION OF THE LEASE WITH DEBORAH
ALTERMATT, PAUL CARTER, AND MARINER'S LANDING, LLC, OF A
PORTION OF LOT 1, BLOCK 6, SMALL BOAT HARBOR SUBDIVISION
WHEREAS, the City of Seward entered into a Lease Agreement ("Lease") with Deborah
Altermatt, Paul Carter and Mariner's Landing, LLC ("Lessees") in 2004 for lease of a portion ofLat
1, Block 6, Seward Small Boat Harbor Subdivision, Kenai Peninsula Borough Plat 2000-19, Seward
Recording District, Third Judicial District, State of Alaska, containing 8,520 sq. ft more or less; and
WHEREAS, the Lease has been the subject of ongoing controversy regarding use of the land
and conflicts relating to use of adjoining property; and
WHEREAS, the administration has been engaged in discussions with the Lessees since the
Lease was approved; and
WHEREAS, the City and the Lessees wish to settle all potential claims in consideration for
terminating the Lease and payment to Lessees of $38,000.
-- 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 Settlement Agreement and a
Termination of Lease with the Lessees (identified above), each in substantially the form as presented
at this meeting.
Section 2. This resolution shall take effect 30 days from the date of posting and of adoption,
and the authorization herein shall expire if the Settlement Agreement and Termination of Lease are
not executed by all parties by December 31, 2005.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th
day of November, 2005.
THE CITY OF SEWARD, ALASKA
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Vanta Shafer, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION 2005-110
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AYES:
NOES:
ABSENT:
ABSTAIN:
Branson, Val datta, Lorenz, Thomas, Shafer
None
Dunham, Schafer
None
ATTEST:
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COUNCIL AGENDA STATEMENT
Meeting Date: November 14, 2005
From: Clark Corbridge, City Manager
Agenda Item: Authorizing the City Manager to Terminate the Lease Agreement with
Deborah Altermatt, Paul Carter and Mariner’s Landing, LLC for a portion of
Lot 1, Block 6, Seward Small Boat Harbor Subdivision and Settle Potential
Claims
BACKGROUND & JUSTIFICATION:
The City of Seward entered into a lease agreement (“Lease”) with Deborah Altermatt, Paul Carter
and Mariner’s Landing, LLC (the “Lessees”) in 2004 for a sliver of land near the City’s Small
Boat Harbor. After lengthy negotiations, the Lessees and the administration now seek City
Council approval to terminate the Lease in exchange for payment to Lessees of Thirty Eight
Thousand Dollars ($38,000).
The Lease has been the subject of some controversy. The agreement to terminate the Lease does
not convey any rights to any party, or convey rights to holders of interests in adjacent lands.
The Lease will be terminated upon the effective date of council approval, and subject to the terms
of the Settlement Agreement as presented at this meeting. All parties will agree to release the
others from all potential claims relating to the Lease and the leased land.
CONSISTENCY CHECKLIST:
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan, and City Council Rules of Procedures.
Other: ___________________________________________________
FISCAL NOTE:
Termination of this lease will result in a reduction of annual lease revenues in the amount of
$9,542, and an outright payment by the City of $38,000.
Approved by Finance Department
RECOMMENDATION:
Council approves Resolution 2005- 110 authorizing the City Manager to terminate the lease
agreement withDeborah Altermatt, Paul Carter and Mariner’s Landing, LLC for a portion of Lot 1,
Block 6, Seward Small Boat Harbor Subdivision and settle potential claims.