HomeMy WebLinkAboutRes1994-041
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Sponsored by: Mayor & Council
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING CITY LEASE PROCEDURES
WHEREAS, city lease procedures were last amended via the passage of Resolution
No. 92-157 on September 28, 1992; and
WHEREAS, at a joint work session, the City Council and the Planning Commis-
sion concurred that city lease procedures should be amended to provide for Planning
Commission review of proposals to lease city property prior to Council action on said
proposalsj and
WHEREAS, the City Council also concurred that current lease procedures allow
insufficient time for the administration to thoroughly and review unsolicited proposals
prior to bringing them to the City Council for direction with regards to proposed lease
negotiations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. City of Seward Resolution No. 92-157 is hereby rescinded.
Section 2. City of Seward Lease Proposal Procedures, a copy of which is attached
and incorporated herein by reference, is hereby ADOPTED and shall apply to proposal
to lease any and all city owned lands.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
29th day of March, 1994.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
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City of Seward, Alaska
Lease Proposal Procedures
The following procedures were adopted by Seward City Council Resolution No.
94-041 to guide those presenting lease proposals and the city administration in the
handling of proposals to lease city-owned lands.
A. Prospective Lessee shall submit to the City Manager a written development
plan, including conceptual site and building elevation drawings, for any parcel of land
to be considered for leasing. The development plan shall include proposed construction
commencement and completion dates.
B. Within 30 days of receipt of a proposal, including the written development
plan as outlined above, the City Manager shall present the proposal to the City Council.
C. Not later than 30 days following presentation to the Council, the City
Council shall determine whether it is in the public interest to consider leasing and
development of the subject property.
D. If the City Council finds that it is in the public interest to allow leasing and
development of the subject property, the proposal shall be submitted to the Planning
Commission at its next regular meeting for review and comment. Following its review,
the Planning Commission shall submit its written recommendations to the Council
regarding the proposed development, including any special lease conditions the
Commission determines to be in the public interest.
E. The Planning Commission's written recommendations shall, subject to
established agenda deadlines, be submitted to the City Council at its next regular
meeting. Following its review of the Commission's recommendations, the Council shall
determine whether to reject the proposal outright, solicit proposals through the RFP
process or instruct the administration to proceed with lease negotiations with the
proposer. Such instructions shall include any special lease conditions determined to be
in the public interest.
F. If the City Council directs the administration to proceed with the lease
negotiations, the prospective Lessee shall, within 10 calendar days, deposit with the city
a cash performance bond in an amount not less than one-half the first year's lease
payment as estimated by the city administration.
G. If the prospective Lessee does not diligently pursue lease negotiations
within 60 days of the date that the Council consents to the commencement of said
negotiations, the entire performance bond shall be retained by the city as liquidating
damages.
City of Seward, Alaska
Attachment A
Resolution No. 94-041
Page 1
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H. If the city and the prospective Lessee reach an impasse and are unable to
come to terms on a lease agreement, the performance bond shall be returned to the
prospective Lessee after deducting lease document preparation costs incurred by the city.
Such costs shall include, but not be limited to, appraisals, attorney and staff time,
advertising and other incidental expenses.
I. If the city and the prospective Lessee reach an agreement on lease terms,
the lease documents shall be signed by the prospective Lessee, approved as to form by
the City Attorney and forwarded to the City Clerk. Once the Clerk receives the properly
signed lease agreement, a public hearing will be advertised and held in accordance with
provisions of the Seward City Code, and the lease agreement will be presented to the
City Council for action.
J. If the proposed lease is approved by the City Council, the resolution
approving the lease and the lease agreement shall be posted for thirty days as required
by the City Code. Barring the filing of a sufficient referendum petition to set aside the
lease, the lease shall then become effective 30 days after passage and posting. Once the
lease agreement becomes effective, the city shall deduct from the performance bond all
lease preparation costs incurred by the city, including but not limited to appraisals,
attorney and staff time, advertising and other incidental costs. The remainder of the
performance bond, if any, shall be credited towards the rents due, and the Lessee shall
be billed in accordance with the city's quarterly lease billing cycle.
K. In the event the City Council rejects the proposal or fails to approve the
lease agreement within 60 days of the date the negotiated lease agreement is first
presented to the City Council, the total deposit shall be returned to the prospective
Lessee.
1. The City Council may waive any or all of these requirements as it deems
necessary to ensure successful completion of the lease negotiations.
City of Seward, Alaska
Attachment A
Resolution No. 94-041
Page 2
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-041
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski
None
None
None
A TrEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
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--Linda S. Murphy, C aME
City Clerk , i
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(City Seal) U
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City Attorney