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
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AYES: Keil, Casagranda, Terry, Squires, Butts, Bardarson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Joh nna Kinn C
i Clerk
(City Seal)
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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.