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HomeMy WebLinkAboutRes2005-110 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2005-110 ..... 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 1Ivv .jz~ -JL'l/~/ Vanta Shafer, Mayor .... CITY OF SEWARD, ALASKA RESOLUTION 2005-110 J ~ ..,jj AYES: NOES: ABSENT: ABSTAIN: Branson, Val datta, Lorenz, Thomas, Shafer None Dunham, Schafer None ATTEST: ..,t~tI"81,I'. ~\.... ... ('"'\ r:.... 'r_, ~~". O't"":J~:.:t1..."'.I'., +~ .4.....\ ....h. ~~rlb ..~'" $ ~'~.'~~?O~.:::~ ~() ,,~:., .... (j "".P 'A', ~ ~ l..~i. '0....... ~ .... .~ ~ .... ~ : ~ - ~~ 0: SI-!', /\.L : Q 5 = \ : :: c:'" . ~ _.: ,.. 'f'~\ V';. ~n~....'I: ';~ :: .. :~...... vi\l~ 1 ,("',' ,L' ," .:O,,:',:)7;:,:~.~~l:' ':~i;::' ~.:....,. '~~Jr~~ ~:t.,.,~~l~~" lilll..... ....iI .... 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.