HomeMy WebLinkAboutRes2021-120 Sponsored by: Bower
CITY OF SEWARD,ALASKA
RESOLUTION 2021-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AMENDMENT NO. 2 TO THE LEASE
AGREEMENT BETWEEN THE CITY OF SEWARD AND HE WILL
PROVIDE,INC.
WHEREAS, He Will Provide, Inc. delivers a valuable service to the Seward
Community through their provision of much needed meals to the most vulnerable population
in the community who do not have access to sufficient food resources; and
WHEREAS, Resolution 2013-047 authorized the City Manager to negotiate and
execute a lease agreement with He Will Provide,Inc. for the purpose of providing a charitable
food distribution program in the basement of the City Annex building; and
WHEREAS, Resolution 2019-005 authorized the City Manager to waive lease
payment requirements for He Will Provide, Inc. and approved Amendment No. 1 to the lease
agreement; and
WHEREAS, Amendment No. 2 to the lease agreement amends the term of the lease
agreement to be in effect until November 1, 2023.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
Section 1. The Seward City Council hereby approves Amendment No.2, attached
hereto,to the lease agreement between the City of Seward and He Will Provide, Inc.
Section 2.This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25`1'
day of October, 2021.
TH ' C 1 F 4,! • ' 1 • SKA
ALAI/
'risty Terry, 4 yor
CITY OF SEWARD, ALASKA
RESOLUTION 2021-120
AYES: McClure, Osenga, DeMoss, Casagranda, Calhoon, Terry
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: One
ATTEST:
At-
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Brenda J. Ba 1 , MC
City Clerk
(City Seal) ••0" `•°"'•
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City Council Agenda Statement
Meeting Date: October 25, 2021
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2021-120: Approving Amendment No. 2 to the Lease
Agreement between the City of Seward and He Will Provide, Inc.
Background and justification:
Founded in 2009, He Will Provide, Inc. is a 501(c)(3) organization that has served the Seward
Community for a number of years and provides hundreds of meals every month to the community
members who lack food security. Since 2013, He Will Provide, Inc. has leased space in the City of
Seward's Annex building. Amendment No. 2 to the lease agreement between the City of Seward
and He Will Provide Inc. will extend the term of the lease until 2023 and provide the consistency
and reliable area of operations that He Will Provide, Inc. requires in order to fulfill their mission of
continuing to provide meals for community members who are in need.
Consistency checklist:
Comprehensive Plan: Not Applicable
Fiscal note: Annual lease revenue of $3,600 will be recorded in the General Fund under Land
Rents & Leases account no. 01000-0000-4380.
Finance Department approval:
Attorney Review: ►�
Yes ❑ No ❑ Not applicable x❑
Recommendation
City Council approve Resolution 2021-120.
City of Seward
Agreement Between the City of Seward and He Will Provide,Inc.
Amendment No. 2
Amendment No. 2 to the agreement between the City of Seward and He Will Provide dated
August 2, 2013.
WHEREAS, the City of Seward and He Will Provide entered into a lease agreement for 1200
square feet of the south and west corner of the City Annex Building at 238 5t' Avenue, Seward,
Alaska(the "Leased Property"), on August 2, 2013; and
WHEREAS,term of the least was beginning August 2, 2013 and ending August 1, 2018; and
WHEREAS,the lease agreement is currently on a month to month term; and
WHEREAS,He Will Provide delivers a valuable service to the Seward community; and
WHEREAS,Amendment No. 1 to the lease agreement was executed on January 28, 2019; and
NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties to
the agree to amend the agreement as follows:
2. Term. The term of this Lease shall be amended to read, "beginning November 1, 2021
and ending November 1, 2023".
20. Termination. "He Will Provide may terminate this lease at any time for any reason.
Any such termination will require 30 days' notice to the City."
Except as provided herein, all other terms and conditions of the agreement and any amendments
remain in full effect. In witness thereto, the parties have set their hands and seals below:
------------------------------------ ---------------------------------
He Will Provide City of Seward
------------------------------------- ----------------------------------
Date Date
d�� a/ GQ QqG !a L/Z<.3/'3 V f G3' /C av 13
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I Agreement between the
CITY OF SEWARD
And
HE WILL PROVIDE INC.
SUBJECT: Amending the lease payment amount for He Will Provide Inc. authorized by Resolution 2019-005
and subsequently amended as follows: a,?" .,e.�
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Original Contract: P f{r µc i�++-�d
3. RENT
INITIAL TERM. During the Initial Term, HWPI shall pay to the City as rent for the Leased Property the
amount of$625.00 (Six Hundred Twenty-Five Dollars)each month payable in advance on the first day of each
calendar month. Monthly rent for any partial month shall be prorated at the rate of 1/30`h of the monthly rental
per day. Alternatively, during the initial period, the parties may agree to an annual instead of a monthly payment,
also payable in advance.
Amendment No. 1:
3. RENT
INITIAL TERM. During the Initial Term, HWPI shall pay to the City as rent for the Leased Property the
amount of$300.00 (Three Hundred Dollars) each month payable in advance on the first day of each calendar
month. Monthly rent for any partial month shall be prorated at the rate of 1/30" of the monthly rental per day.
Alternatively, during the initial period, the parties may agree to an annual or quarterly instead of a monthly
payment, also payable in advance.
HE WILL PROVIDE INC.
By: Date:
Its:
CITY OF SEWARD
Meszaros er Date
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ATTEST:
SEAS
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Brenda Ballou,Ci Clerk Date •.® & , °
fully inspected and acknowledged that the Leased Property is in good condition and
repair, and that HWPI is satisfied with and has accepted the teased Property in such
good condition and repair.
5. INSPECTION BY THE CITY. The City shall have the right to enter on the
premises where the Leased Property may be located for the purpose of inspecting it or
observing its use upon the giving of twenty-four hours advance written notice. Any
inspection by the City shall occur only during business hours.
6. ALTERATIONS AND IMPROVEMENTS. HWPI, at its sole cost and expense,
may make any and all alterations, additions, and improvements to the Leased Property,
provided such alterations, additions, and improvements are approved by the City in
advance.
7. TITLE TO IMPROVEMENTS BY HWPI. Any other provisions of this Lease to the
contrary notwithstanding, HWPI, upon termination of this Lease for any reason, may
but need not, promptly remove, in no event later than thirty days from the termination of
the Lease, trade fixtures and equipment from the Leased Property provided that HWPI
shall repair any damages to the Leased Property caused by such removal. All additions
to and improvements of the Leased Property of any kind not removed by HWPI upon
termination of this Lease shall immediately become the property of the City.
8. MAINTENANCE. HWPI, at its own cost and expense, shall keep the Leased
Property clean and undamaged, subject to normal non-abusive use. The City may
promptly repair any damage not caused by the negligence or intentional misconduct of
HWPI.
g. SIGNAGE. HWPI, with the consent of the City, may construct, install or maintain,
or affix any sign, banner or like display identifying the Leased Property as a food bank
to be placed upon the Leased Property in such manner as to be visible from the outside
thereof. Any signage so displayed or affixed shall be removed upon the expiration or
termination of this Lease.
10. INSURANCE. HWPI, at its own expense, will maintain the Leased Property
insured for such risks and in such amounts as may be consistent with the City's risk
management procedures. Upon request by the City, HWPI will deliver to the City
evidence of all such insurance.
11. TAXES AND FEES. HWPI shall be responsible for any and all license fees,
assessments, and sales, use, property, and other taxes, if any, now or in the future
imposed on the Leased Property.
12. OWNERSHIP. The Leased Property is and shall at all times remain the sole
property of the City, and HWPI shall have no right, title, or interest therein except as
expressly set forth in this Lease.
13, SUSPENSION OF OBLIGATIONS OF THE CITY. The obligations of the City
under this Lease shall be suspended, and shall not be considered an event of default, to
Lease Agreement Page 2 of 6
19. NOTICES. Any communications between the City and HWPI, payments, and
notices provided herein to be given or made, may be given or made by mailing them to
the City and HWPI at the following addresses:
He Will Provide Inc.
P.O. Box 3445
Seward, Alaska 99664
City of Seward
Attn: City Clerk
P.O. Box 167
Seward, Alaska 99664
(or to such other address as either party may indicate in writing to the other party.)
20. TERMINATION. Either party may terminate this Lease prior to the expiration of
the Initial Term pursuant to the default provisions in this Lease. After the expiration of
the Initial Term, the City has the right to terminate upon the giving of written notice to
HWPI one full calendar month in advance of the date of intended termination.
21. TIME OF ESSENCE. Time is the essence of this agreement.
22. NO ASSIGNMENT. Neither this Lease nor any right or interest hereunder shad
be assigned or transferred by HWPI in any respect whatsoever without the prior written
consent of the City.
23 COMPUTATION OF TIME. The time in which any act provided by this tease is
to be done by shall be computed by excluding the first day and including the last, unless
the last day is a Saturday, Sunday or a holiday, and then it is also excluded.
24, SUCCESSORS IN INTEREST. Each and all of the terms, covenants and
conditions in this Lease shall inure to the benefit of and shall be binding upon the
successors in interest of the City and HWPI.
25. ENTIRE AGREEMENT. This Lease contains the entire agreement of the Parties
with respect to the matters covered by this Lease, and no other agreement, statement
or promise made by any party which is not contained in this Lease shall be binding or
valid.
26. GOVERNING LAW. This Lease shall be governed by, construed and enforced in
accordance with the laws of the State of Alaska. The terms of this Lease are subject in
all respects to the Charter and Code of Ordinances of the City in effect on the effective
date of this Lease, and as they may be hereafter amended.
27. VENUE. Venue for any legal action arising out of or relating to this Lease shall
be in the Superior Court for the State of Alaska, Third Judicial District at Anchorage,
unless otherwise agreed to by the Parties. For purposes of this Lease, the City and
HWPI consent to the personal jurisdiction of such court.
Lease Agreement Page 4 of 6
�o
Dated this day of 2013.
CITY OF SEWARD HE WILL PROVIDE INC.
� Hunt � i
ity Manager
ATTEST:
hanna K i n'f#y, C . C
City Clerk
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Lease Agreement Page 6 of 6
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2013-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A LEASE AGREEMENT WITH HE WILL PROVIDE INC.FOR
THE PURPOSE OF PROVIDING A CHARITABLE FOOD DISTRIBUTION
PROGRAM IN THE BASEMENT OF THE CITY ANNEX BUILDING
WHEREAS, He Will Provide Inc. ("HWPI"), established locally in 2007, is the only
Seward-based charitable food distribution program; and
WHEREAS, HWPI was organized by a number of local entities, has no specific religious
affiliation, and its services are available to any Alaskan regardless of need; and
WHEREAS, HWPI provides food for up to 100 Seward area individuals weekly; and
WHEREAS,HWPI is one of only two food banks statewide that is able to offer a shopping-
like service for individuals and families; and
WHEREAS, HWPI needs a new location in which to operate because the building it
currently occupies has been sold and it must vacate its current location; and
WHEREAS, the relocation of the Library/Museum into its new building has left vacant
space in the former library building located at 238 Fifth Avenue,now referred to as the City Annex
Building; and
WHEREAS, HWPI provides an important public service through its food distribution
program.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council finds that the public's interest is not served by
conducting an appraisal as a basis for establishing the lease rate, and that authorizing the City
Manager to negotiate and execute a lease with HWPI for less than fair market value is in the public's
interest.
Section 2. The City Manager is authorized to negotiate and execute a Lease Agreement with
HWPI, to lease approximately 1200 square feet of the south and west corner of the City Annex
Building at 238 5th Avenue, Seward, Alaska, upon substantially the terms specified in the attached
,,., form of lease.
CITY OF SEWARD, ALASKA
RESOLUTION 2013-047
Section 3. The 2013 budget for General Fund Lease revenues is hereby amended to increase
by $3,125 for the period of approximately August through December, 2013.
Section 4. This resolution shall take effect 30 days after adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24t" day of
June, 2013.
THE CITY OF SEWARD, ALASKA
0 "
Davi Seawa , ayor
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
6
renda 4Bo Actingk
'wOrYr %*
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Council Agenda Statement
Meeting Date: June 24, 2013 ,
From: Ron Long, Assistant City Manager
•
Agenda Item: He Will Provide Inc. Lease
BACKGROUND & JUSTIFICATION:
The He Will Provide Inc. Food Pantry is a 501(c) (3)registered coalition of charitable organizations
that joined forces in 2009 to help meet the nutritional needs of Seward. The group helps feed up to
100 individuals weekly. The building space that has been occupied by the Food Pantry since its
inception has been sold and the group is looking for a new space to operate from. Construction and
relocation of the new Library /Museum has made space available in the City of Seward's Old
Library/new City Hall Annex Building. A Lease agreement between the City and the Food Pantry
will benefit the community and make good use of the vacant space. Based on the charitable service
provided, administration recommends that council finds it to be in the public's best interest to
establish a less than full market value lease rate.
INTENT: Authorize the City Manager to negotiate and execute a lease agreement with He Will
Provide Inc.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan:
The Comprehensive Plan "values the contributions of the various
1' organizations and individuals that work to better our community" X
Strategic Plan:
2. The Strategic Plan supports"being responsive to the needs of its citizens", X
"values a sense of community" and "enhance social services".
3. Other (list):
FISCAL NOTE: This lease agreement will generate$7,500 in rental income per year,for a total of
$37,500 gross income over the full five-year term. The lessee will be responsible for its own
janitorial and maintenance costs, but the City will bear the water, sewer, and electric utility costs
associated with the leased space.
Approved by Finance Department:J&JZD4hV",Q
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Approve Resolution 2013-O 1, Authorize the City Manager to negotiate and execute a lease with
He Will Provide Inc. Food Pantry and the City of Seward.
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Sponsored by; Bridges
i
CITY OF SEWARD, ALASKA
RESOLUTION 2019-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO WAIVE LEASE
PAYMENT REQUIREMENTS FOR THE HE WILL PROVIDE
INCORPORATED FOOD PANTRY
I
WHEREAS, upon approval of Resolution 2013-047, the City of Seward negotiated and
entered into a lease agreement with the He Will. Provide Inc. (HWPI) Food Pantry to utilize the
I
City Hall Annex basement for their food panty services; and
WHEREAS, the HWPI Food Pantry is a 501(c)(3) non-for-profit organization that,
II through volunteer services, provides between 50-60 families approximately 40,000 pounds of
food annually; and
WHEREAS, the HWPI Food Pantry is in good standing with the City of Seward lease
agreement paying either monthly or quarterly in an amount equal to $625 per month; and
WHEREAS, on January 14, 2019 there was a discussion item on the city council agenda
titled "Discuss eliminating rent for the He will Provide Food Bank"; and
' WHEREAS, after council discussion, administration was asked to return with a
resolution authorizing the city manager to waive the HWPI lease payment requirements; and
WHEREAS, the HWPI Food Pantry intends to use the lease payment savings to
purchase food from local establishments, such as powdered milk, rice and beans.
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The City Manager is authorized to change the lease payment requirements for
the He Will Provide Inc. Food Pantry to$300 per month.
Section 2. Amending the 2019 budget to reduce Rents and Leases revenue, account No.
01000-000-4380 by$3,900.
Section 3. This resolution shall take effect immediately upon adoption.
El
CITY OF SEWARD, ALASKA
RESOLUTION 2019-005 f
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
28th day of January, 2019.
THE CITY OF SEWARD,ALASKA
"Squires,
AYES: Osenga, Seese, McClure, Towsley, Lane, Ham, Squires
NOES: None
ABSENT: None
ABSTAIN. None
ATTEST:
Pi, Ball MMC
City Clerk
(City Seal)
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Agenda Statement
Meeting Date: January 28, 2019 ,
To: Seward City Council -
From: Jeff Bridges, Interim City Manag
c
Agenda Item: Waiving Lease Payment Requirements with He Will Provide Inc.
Food Pantry
BACKGROUND & JUSTIFICATION:
The City of Seward entered into a lease agreement with He Will Provide Inc. (HWPI) on August
2nd, 2013 following the approval of Resolution 2013-047.
HWPI is a 501(c)(3) registered non-for-profit currently in good standing with the City in their
lease payments. The HWPI Food Pantry pays either quarterly or monthly in an amount equal to
six hundred and twenty-five dollars ($625) per month.
The HWPI Food Pantry is open fifty-two (52) weeks per year all staffed by volunteers. In 2018
they gave out an estimated 40,000 pounds of food to a regular client base of 50-60 families.
On the January 14" Regular City Council meeting there was a discussion item titled "Discuss
eliminating rent for the He Will Provide Food Bank". After Council discussion, Administration
was directed to return with a Resolution to authorize the City Manager to waive the lease
payment requirements for the HWPI Food Pantry.
INTENT: To authorize the City Manager to waive the lease payment requirements for the He
Will Provide Inc. Food Pantry.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (document source here): X
3. Other (list): X
FISCAL NOTE: This action will result in a reduction in Lease and Rents revenue equal to $7,500
per year.
Approved by Finance:
ATTORNEY REVIEW: Yes No X
RECOMMENDATION: Approve Resolution 2019- 005 authorizing the City Manager to waive
the lease payment requirement for the He Will Provide Food Pantry.
81