HomeMy WebLinkAboutRes2017-023Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSENT ASSIGNMENT TO HARBOUR HOLDINGS, LLC TO THE
LEASE AGREEMENT 97-105 WITH TOM TOUGAS, FOR LOT 8,
BLOCK 6, 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 TEN YEARS, AND
TO ADD TWO THIRTY THREE YEAR OPTIONS TO EXTEND
WHEREAS, Tom Tougas ("Lessee") has requested an assignment to Harbour Holdings,
LLC of his existing lease agreement with the City of Seward for 1,306 square feet, more or less,
Lot 8, Block 6, 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 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 with the use of adjacent lands
(b) A permitted use under existing zoning regulations and comprehensive land use plan
(c) 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 September 24, 1997; and
WHEREAS, the current lease expires on September 23, 2017; and
WHEREAS, Harbour Holdings, LLC is requesting to extend the lease term y ten years,
and to add two thirty three year extensions, each of which must be brought before the then City
Council for approval; and
WHEREAS, administration wishes to amend the lease so that it is modeled on the City's
current standard lease agreements, replacing outdated language with current standard language
and incorporating current standard terms into the lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
CITY OF SEWARD, ALASKA
RESOLUTION 2017-023
Section 1. The City Manager is hereby authorized to enter into Consent to Lease
Assignment to Harbour Holdings, LLC, in substantially the form presented at this meeting.
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 Harbour Holdings,
LLC, in the form presented at this meeting is found to be in the public interest.
Section 3. The City Manager is hereby authorized to amend and extend the lease with
Harbor Holdings LLC, in substantially the form as presented at this meeting
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 241' day of
April, 2017.
THE CITY OF SEWARD, ALASKA
, �'/ A/J n 1, e I � 2
can Bardarson, Mayor
AYES:
Casagranda, Keil, Squires, McClure, Altermatt, Slater, Bardarson
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
goh4nna Kinney,-CMC J
Clerk -I
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(City Seal) •4F S'El+��a+
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Agenda Statement
Meeting Date: April 24, 2017
To: City Council
Through: Jim Hunt, City Manager l
From: Norm Regis, Harbormaster
Agenda Item: Consent to Assignment of Lease 97-105 from Tom Tougas to Harbour
Holdings, LLC, also Harbour Holdings LLC, is requesting a new Thirty
Three year lease at the Seward Boat Harbor, with two additional thirty three
year options to extend with the then council's approval
BACKGROUND & JUSTIFICATION:
Tom Tougas currently has Lease 97-105 for 1,306 feet more or less of Lot 8 Block 6 Seward Small
Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No.2000-19 in Seward
Recording District, Third Judicial District, State of Alaska.
Tom Tougas has requested approval to assign the lease to Harbour Holdings, LLC, which will
continue to use the leased land for a retail shop. 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
(c) Found to be in the public interest.
Harbour Holdings, LLC would like to request a new 33 year lease with two optional 33 year
extensions which must be approved by the City Council at the time the option is exercised, by
resolution. This would terminate Lease 97-105 and establish a new lease using the attached lease
agreement. The current lease will expire on September 23`d, 201 T
INTENT:
To approve a Consent of Lease Assignment from Tom Tougas to Harbour Holdings. LLC and to
authorize the City Manager to execute a new lease between the City of Seward and Harbour
Holdings, LLC for Lot 8, Block 6. Seward Small Boat Harbor Subdivision.
CONSISTENCY CHECKLIST:
Yes I No
N/A
Comprehensive Plan (document source here): Create a thriving port of
1.
Seward through harbor improvements, infrastructure expansion, and
I X
j
implementation of management plans (page 23).
Strategic Plan (document source here): Attract New Industry:
2.
Develop an aggressive marketing campaign which highlights the
X
diverse resources. and quality of life that make Seward a great place to
'a
live and establishbusiness or industry. (Page 5)
j
Other (list):
FISCAL NOTE:
The lease rate is $4,824.56 reflecting 4,800.00 annually per the 2015 appraisal, adjusted for
inflation. With a new lease; this parcel will nova, be subject to yearly CPI adjustments. This parcel
will also be reappraised in 2020.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Council approves Resolution 2017- 023 approving the assignment of lease number 97-105 with
Tom Tougas to Harbour Holdings, LLC, and approving a new 33 year lease between the City of
Seward and Harbour Holdings, LLC for Lot 8, Block 6, Seward Small Boat Harbor Subdivision,
City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third
Judicial District, State of Alaska.
MWf TTT* MI I -f - Uf 77 T 0
,,!'E- L13-108
THIS AGREEMENT made and entered into between Tom Tougas, Lessee, P.O. Box 1571,
Seward, Alaska 99664, hereinafter called "ASSIGNOR", and Harbor Holdings, LLC P.O. Box 2292
Seward, Alaska 99664 hereinafter called "ASSIGNEE" with the consent of the City of Seward,
hereinafter referred to as "Landlord".
WHEREAS, by Lease: dated September 24,1997 made between THE CITY OF
SEWARD, ALASKA, "LESSOR", a home rule municipal corporation, organized and existing
under the laws of the State of Alaska, amended by a recorded lease assignment dated August 10.
2005 (2005-001241 -0); Seward Recording District, Third Judicial District, State of Alaska. The
premises, described as, Lot 8, Block 6, Seward Small. Boat Harbor Subdivision, City of Seward,
Alaska and recorded as Plat No.2000-19 in Seward Recording District, Third Judicial District,
State of Alaska, consisting of approximately 1306 square feet, more or less, were leased to
ASSIGNOR subject to the covenants, conditions and stipulations therein.
N, 0
Rim I - "I M11 Wil
rents and performances of the covenants, conditions and stipulations therein.
ASSIGNEE covenants during the continuance of said term to pay the rents reserved and to
�p the
ASSIGNOR and to keep indemnified the ASSIGNOR against all actions, claims, and demands
L-6
thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates
indicated.
ASSIGNOR: 1-17 ASSIGNEIM
:3121 7
Date: Date:
STATE OF ALASKA
)ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this P�l day of JA0,01, 2017, personally appeared before
me the undersigned, a Notary Public in and for the State of Alaska, to me known to be Tom Tou gas
to be the free and voluntary act and deed, for the uses and purposes therein mentioned of the
corporation and on oath stated that he is authorized to execute said instrument on behalf of the
corporation.
Notary Public
AMANDA MAGNUSON
State of Alaska
My Commission Expires Jun 19, 2017
6=1111=03
)Ss
THIRD JUDICIAL DISTRICT
ancks" . AA -Cv"Wkcc�
Notary Public in an6for Alaska
mmission Expires:
191111-1
THIS IS TO CERTIFY that on this day of ff1go n 2017, personally appeared before
me the undersigned, a Notary Public in and for the State of Alaska, to me known to be Joseph
Tougas the corporation that executed the foregoing instrument and acknowledged to me the said
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the corporation and on oath stated that he is authorized to execute said instrument on behalf of the
Corporation.
7-1 �
Notary Public in Itid for Alaska
My Commission Expires:
Seward Wildlife Cruises LLC
IBA Major Marine Tours
PO Box 1571
Seward, AK 99664
Phone (907) 224-8030
March 10, 2017
City of Seward Harbormaster
Attention: Norm Regis
P.O. Box 167
Seward AK 99664
RE: Re -assignment of Lease No. 97-105 for Lot 8, Block 6, Seward Small. Boat Harbor Division
Tom Tougas and Seward Wildlife Cruises LLC (dba Major Marine Tours) would like to formally
request a re -assignment of Lease agreement number 97-1.05, for the land described below.
Lot 8, Block 6, Seward Small Boat Harbor Division, according to Plat 2000-19 filed in
the Seward Recording District, Third Judicial District, State of Alaska.
With permission of the City of Seward., Harbour Holdings, LLC would like to become the
official LESSEE. Please advise us of the next step in the process of revising the lease agreement
to reflect a new LESSEE assignment.
Thank you for your time and consideration in this matter.
Sincerely""
Thomas Tougas
President - Owner
Seward Wildlife Cruises LLC
dba Major Marine Tours
Seward, AK 99664
us] W11 t
City of Seward Harbormaster
Attention: Norm Regis
P.O. Box 167
ZZ"im-ky-ITIVI �--j
RE- Extension on Lease No. 97-10�5 for Lot 8, Block 6, Seward Small Boat Harbor Division
Harbour Holdings LLC would like to request a 99 year extension on lease No. 97-105 for the land
described below:
Lot 8 Block 6, Seward Small: Boat Harbor Division, according to Plat 2000-19 filed in the Seward
Recording District, Third judicial District, State of Alaska.
As it stands, this lease will expire on September 23, 2017. Harbour Holdings, LLC requests that the City of
Seward extend this lease.Please advise us of the next step in the process of extending the lease
agreement.
Thank you for your time and consideration in this matter.
Sincerely,
Joseph Tougas
Member Manager
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