HomeMy WebLinkAboutOrdinance No. 2910-2016M
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2910 -2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING
CERTAIN PROVISIONS OF KMC CHAPTER 11.20- LEASING OF TIDELAND, TO
CLASSIFY FOR LEASING TRACT 4, SHORE FISHERY PLAT NO. 71, WITHIN SECTION
35, TOWNSHIP 6 NORTH, RANGE 12 WEST, SEWARD MERIDIAN AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A SHORE FISHERY LEASE WITH THE KENAI
SALMON COMPANY FOR TRACT 4.
WHEREAS, in 1977 the State of Alaska granted the area known as Alaska Tideland
Survey 272 containing approximately 2,752 acres, more or less to the City of Kenai
pursuant to the City's Municipal Preference Right; and,
WHEREAS, the conveyance was subject to existing leases which included leases for
shore fisheries; and,
WHEREAS, the City codified a process in KMC Chapter 11.20 for continuing the existing
leases and entering into new leases; and,
WHEREAS, Resolution No. 74 -50 resolved that it was the intent of the City to honor all
existing leases; and,
WHEREAS, the City continued to renew the leases under terms identical to the State
even though the terms were not entirely consistent with KMC Chapter 11.20; and,
WHEREAS, in Ordinance 1632 -95 an annual lease rate and policy for shore fishery
tideland leases was approved by the Council; and,
WHEREAS, Kenai Salmon Company, or its business predecessors have been fishing on
lands owned by the City since at least 1977; and,
WHEREAS, the City has several existing leases for shore fisheries for part of the area
fished by Kenai Salmon Company as originally leased by the State; and,
WHEREAS, through oversite on the part of the State and or the Lessee's predecessors,
there is not, nor has been an existing lease for Tract 4, Shore Fishery Plat No. 71, within
Section 35, Township 6 North, Range 12 West, Seward Meridian, as shown in
Attachment A hereto, adjacent to Kenai Salmon Company's existing leases which has
been historically and continuously fished by the Kenai Salmon Company and /or its
predecessors; and,
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Ordinance No. 2910 -2016
Page 2 of 3
WHEREAS, the City and Kenai Salmon Company have tried on and off to reconcile the
issue for years and have finally reached a solution compensating the City for a portion
of the past use of City tidelands and providing a lease for future use; and,
WHEREAS, a lease application has been submitted by the Kenai Salmon Company; and,
WHEREAS, the Harbor Commission, at its July 11, 2016 meeting, and the Planning and
Zoning Commission, at its July 13, 2016 meeting, both recommended that the City
Council classify the land for leasing as required by KMC 11.20.040; and,
WHEREAS, other provision of KMC Chapter 11.20 must be waived in order to lease the
property to the Kenai Salmon Company and resolve the unique situation that has been
ongoing since before the City received title to the property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a non -code ordinance.
Section 2. That Tract 4, Shore Fishery Plat No. 71, within Section 35, Township 6
North, Range 12 West, Seward Meridian as shown on Attachment A hereto, is classified
for leasing.
Section 3. Notwithstanding certain provisions of KMC Chapter 11.20, the City
Council finds it is consistent with the past practice and intent of the City in acquiring
the subject tidelands to grant a lease to the Kenai Salmon Company, consistent with
the terms and conditions of the City's other shore fishery leases, and hereby authorizes
the City Manager to enter into such lease.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
Section S. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
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Ordinance No. 2910 -2016
Page 2 of 3
ENACTED BY THE COUNCIL OF THE CITY OF ALASKA this 17th d y of August,
2016.
PAT PORTER, MAYOR
Introduced: August 3, 2016
Enacted: August 17, 2016
Effective: September 16, 2016
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MEMO:
"V llaye with a Past, Gc�l with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us he,,;
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TO: Harbor Commission (July 11, 2016)
Planning & Zoning Commission (July 13, 2016)
FROM: Willie Anderson, Planning Assistant
VHROUGH: Rick Koch, City Manager
DATE: July 1, 2016
SUBJECT: Lease Classification — Tract 4, Shore Fishery Plat No. 71
The City has received a lease application from Kenai Salmon Company, Jim Butler,
President, for Tract 4, Shore Fishery Plat No. 71. Mr. Butler states that this site has been
fished by Kenai Salmon Company since 2005. Kenai Salmon Company currently fishes
Shore Fishery Leases on the adjoining sites described as Tracts 3, 5, and 6, Shore
Fishery Plat No. 71. These tracts are located within Alaska Tidelands Survey 272 which
was conveyed to the City of Kenai by the State of Alaska on April 20, 1977 by Tidelands
Patent No. 295. The general area of Tract 4, Shore Fishery Plat No. 71 is shown on the
attached map and is within the boundary of Alaska Tidelands Survey 272.
Kenai Municipal Code KMC11.20.040 provides that "the area involved shall have first been
classified for leasing by the City Council with the approval of the Planning and Harbor
Commissions ".
At this time, approval of the classification to lease Tract 4, Shore Fishery Plat No. 71 is
requested, and not approval of a specific application.
Please make a recommendation regarding the approval to classify this parcel for leasing to
the Kenai City Council.
RECEIVED
CITY OF KENAI
MAY 2 7 2016
PLANNING DEPARTMENT
1. Name of Applicant
2. Business Name
CITY OF KENAI
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
(907) 283 -7535 Ext. 223
LEASE APPLICATION
3. Business Type (circle one) sole proprietor partnership co on L.L C.C. 4.
5. Mailing Address 1? &_��+j� / / /ePj( r AF
6. Telephone
7. Email
S. Kenai Peninsula Borough Sales Tax No. (if applicable)
9. Land Requested:
If platted, give legal
FOR CITY USE ONLY
Date
Signature
Business License No..rZ
If not platted, attach a site plan showing the proposed dimensions and location on the Airport.
10. Proposed Use of the Property (Be specific)�/1�//�!
11. Lease Tenn Desired / D years
12. If you plan to construct improvements or otherwise develop the property:
a. Attach a Development Plan (see attached checklist)
b. Describe the building type, construction materials, size,
c. Construction beginning date
d. Construction completion date (maximum of two years)
e. Estimated total cost of the proposed development & improvements $
14. If you would like the City to consider any additional information relating to your proposal, please put it in writing and
submit it with this application.
APPLICANT'S SIGNATURE:
Printed name:
APPLICANT'S SIGNATURE:
Printed name:
_ Date:.
j—
Title:
Date:
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9
SHORE FISHERY LEASE
THIS AGREEMENT, entered into this day of 2016, by and
between the CITY OF KENAI, a home -rule municipal corporation of Alaska, whose
address is 210 Fidalgo Avenue, Kenai, AK 99611 -7794, hereinafter called "City ", and
KENAI SALMON COMPANY, INC, whose address is P.O. Box 191, Kenai, Alaska, 99611,
hereinafter called "Lessee."
The City, in consideration of the payments of the rents and performance of all the
covenants by the Lessee herein contained, does hereby demise and lease to the Lessee
the following described property in the Kenai Recording District, Third Judicial District,
State of Alaska; to wit:
Tract Four (4), Shore Fishery Plat No. 71
A. PURPOSE: The purpose for which the Lease is issued is:
Shore fishery
B. TERM: The term of this Lease is for 10 years, commencing on
, 2016, and ending on 2026.
C. RENTAL PAYMENT: Subject to Covenant #42, rental for the above
described shore fishery tracts shall be payable as follows:
1. The annual rental rate shall be $300.00 for each tract. However,
should the State of Alaska set an annual lease rate higher than $300.00 for similartideland
leases for shore fisheries on land owned by the State, the City may amend the annual
rental to a rate equal to that charged by the State of Alaska.
2. Annual rent for the fiscal year beginning July 1 and ending June 30
shall be payable in advance on or before the first day of July of each year.
3. Rental for any period which is less than one (1) year shall be prorated
based on the rate of the last full year.
Shore Lease Fishery— Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
D. GENERAL COVENANTS:
1. USES: Except as provided herein, any use of lands or facilities without
the written consent of the City is prohibited.
2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of
donations or the promotion or operation of any part or kind of business or commercial
enterprises, other than as specifically set forth herein, upon, or in shore fishery lands,
without the written consent of the City is prohibited.
3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent,
which will not be unreasonably denied, may assign for other than collateral purposes, in
whole or in part, its rights as Lessee hereunder.
Any assignee of part or all of the leased premises shall assume the duties
and obligations of the Lessee as to such part or all of the leased premises. No such
assignment, however, will discharge Lessee from its duties and obligations hereunder.
4. COSTS AND EXPENSES: Costs and expenses incident to this lease,
including but not limited to, recording costs shall be paid by Lessee.
5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises
clean and in good order at its own expense, suffering no strip or waste thereof, nor
removing any material therefrom, except fisheries resources, without written permission of
the City. At the expiration of the term fixed, or any sooner determination of the Lease, the
Lessee will peaceable and quietly quit and surrender the premises to the City.
6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders
shall be made payable to the City of Kenai and delivered to the City Administration
Building, Kenai, Alaska.
7. HERRING SPAWN COVENANT: This lease is issued subject to
Sections 16.10.172 - 16.10.175 of the Alaska Statutes and it is agreed that the covenants,
terms and conditions herein contained shall be binding upon the successors and assigns of
the respective parties hereto.
8. DEFAULT RIGHT OF ENTRY: Should default be made in the
payment of any portion of the rent or fees when due, or in any of the covenants or
conditions contained in the Lease or in any regulations now or hereinafter in force, then in
such event the City shall by written notice give Lessee thirty (30) days to cure such default
Shore Lease Fishery— Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
or defaults, after which if the default is not cured, the City may terminate the Lease, re-
enter and take possession of the premises, and remove all persons therefrom.
9. LEASE UTILIZATION: Leased lands shall be utilized for purposes
within the scope of the terms of the Lease and the terms of the deed under which the land
was granted to the City (and any releases pertinent thereto), in conformity with the
ordinances of the City and Borough. Utilization or development for other than the allowed
uses shall constitute a violation of the Lease and subject the Lease to cancellation at any
time.
10. CONDITION OF PREMISES: The premises demised herein are
unimproved and are leased on an "as is, where is" basis.
11. UNDERLYING TITLE: The interests transferred, or conveyed by this
Lease are subject to any and all of the covenants, terms, or conditions contained in the
instruments conveying title or other interests to the City.
12. RIGHT OF INSPECTION: City shall have the right at all reasonable
times to enter the premises, or any part thereof, for the purposes of inspection.
13. ASSUMPTION OF RISK AND INDEMNITY, DEFEND, AND HOLD
HARMLESS AGREEMENT: Lessee assumes full control and sole responsibility as
between Lessee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Lessee anywhere on the leased
premises. Lessee shall provide all proper safeguards and shall assume all risks incurred in
its activities on and access to the leased premises and its exercise of the privileges granted
in this Lease.
Lessee agrees to fully indemnify, defend, and hold harmless, the City, its
officers, agents, employees, and volunteers from and against all actions, damages, costs,
liability, claims, losses, including death, judgments, penalties, and expenses of every type
and description, including any fees and /or costs reasonably incurred by the City's staff
attorneys and outside attorneys and any fees and expenses incurred in enforcing this
provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may
be subjected, to the extent such Liabilities are caused by or result from any negligent act or
omission or willful misconduct of the Lessee in connection with or arising from or out of
Lessee's activities on or use of the premises. This shall be a continuing obligation and shall
remain in effect after termination of this Lease.
14. COLLECTION ON UNPAID MONIES: Anyorall rents, charges, fees,
or other consideration which are due and unpaid at the expiration or voluntary or
involuntary termination or cancellation of this Lease, shall be a charge against the Lessee
and Lessee's property, real or personal, and the City shall have such lien rights as are
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
allowed by law, and enforcement by distraint may be made by the City or its authorized
agent.
15. EASEMENT GRANTS RESERVED: City reserves the right to grant
and control easements in, or above the land leased. No such grant or easement will be
made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall
have free access and use of any and all parking and loading rights, rights of ingress and
egress now or hereafter appertaining to the leased premises.
16. SURRENDER ON TERMINATION: Lessee shall, on the last day of
the term of this Lease or upon any earlier termination of this Lease, surrender and deliver
upon the premises into the possession and use of City without fraud or delay in good order,
condition, and repair, except for reasonable wear and tear since the last necessary repair,
replacement, restoration or renewal, free and clear of all lettings and occupancies unless
expressly permitted bythe City in writing, and free and clearof all liens and encumbrances
other than those created by and for loans to City. Upon the end of the term of this Lease or
any earlier termination thereof, title to any shore fishery equipment left on the leased land
for a period in excess of thirty (30) days shall automatically vest in City without requirement
of any deed, conveyance, or bill of sale thereon. However, if City should require any such
document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the
same and shall pay any charge, tax, and fee asserted or imposed by any and all
governmental units in connection herewith.
17. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City
hereby agrees and covenants that the Lessee, upon paying rent and performing other
covenants, terms, and conditions of this Lease, shall have the right to quietly and
peacefully hold, use, occupy, and enjoy the said leased premises, subject to the rights of
the general public and except that any inconvenience caused by public works projects in or
about the leasehold premises shall not be construed as a denial of the right of quiet or
peaceable possession.
18. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and
assessments which, during the term hereof may become a lien upon or which may levied
by the State, Borough, City, or any other tax levying body, upon any taxable possessory
right which Lessee may have in or to the property by reason of its use or occupancy or the
terms of this lease, provided however, that nothing herein contained shall prevent Lessee
from contesting any increase in such tax or assessment through procedures outlined in
State statutes.
19. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge
for any special services or facilities required by Lessee in writing, which services orfacilities
are not provided for herein.
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
4
20. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly
understood that the City shall not be construed or held to be a partner or joint venturer of
Lessee in the conduct of business on the demised premises; and it is expressly understood
and agreed that the relationship between the parties hereto is, and shall at all times remain
landlord and tenant.
21. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any
assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is
appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the
appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is
filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the
City may, upon giving the Lessee thirty (30) days' notice, terminate this lease.
22. NONDISCRIMINATION: The Lessee, Lessee's personal represen-
tatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land, that:
(a) No person on the grounds of race, color, or national origin shall
be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said shore
fishery:
23. PARTIAL INVALIDITY: If any term, provision, condition, or part of this
Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the
remaining terms, provisions, conditions, or parts shall continue in full force and effect as
though such declaration was not made.
24. MODIFICATIONS: No lease maybe modified orally or in any manner
other than by an agreement in writing, signed by all parties in interest or their successors in
interest. Any such modification shall require Council approval.
25. WARRANTY: The City does not warrant that the property which is the
subject of this Lease is suited for the use authorize herein, and no guarantee is given or
implied that it shall be profitable or suitable to employ the property to such use.
26. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend,
and enforce reasonable rules and regulations governing the demised premises and the
public areas and facilities used in connection therewith. Except in cases of emergency, no
rule or regulation hereafter adopted or amended by the City shall become applicable
unless Lessee has been given thirty (30) days notice of adoption or amendment thereof.
27. NON - LIABILITY: City shall not be liable to Lessee for any diminution
or deprivation of possession, or of Lessee's right hereunder, on account of the exercise of
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
any such right or authority as provided in this or the preceding section, nor shall Lessee be
entitled to terminate the whole or any portion of the leasehold estate herein created, by
reason of the exercise of such rights or authority, unless the exercise thereof shall so
interfere with Lessee's use and occupancy of the leasehold estate as to constitute a
termination in whole or in part of this lease by operation of law in accordance with the laws
of the State of Alaska and of the United States made applicable to the states.
28. COMPLIANCE WITH LAWS:
(a) Lessee shall observe, obey, and comply with all applicable
laws, ordinances, rules, and regulations of the federal, state,
borough, or city governments or of any other public authorities
now or hereafter in any manner affecting the leased premises.
(b) Lessee agrees to hold City financially harmless:
(1) From the consequences of any violation of such laws,
ordinances, and /or regulations; and
(2) From all claims for damages on account of injuries, death,
or property damage resulting from such violation.
(c) Lessee further agrees it will not permit any unlawful occupation,
business, or trade to be conducted on said premises or any use
to be made thereof contrary to any law, ordinance, or regula-
tion as aforesaid with respect thereto, including zoning
ordinances, rules, and regulations.
29. CONDEMNATION: In the event the leased premises or any part
thereof shall be condemned and taken for a public or a quasi - public use, then upon
payment of any award or compensation arising from such condemnation, there shall be
such division of the proceeds, such abatement in rent payable during the term or any
extension of the term hereof, and such other adjustments as the parties may agree upon
as being just and equitable under all the circumstances. If the City and Lessee are unable
to agree within thirty (30) days after such an award has been paid into Court, upon what
division, annual abatement in rent, and other adjustments are just and equitable, the
dispute shall be determined by arbitration.
30. PROTECTION OF SUBLESSEES: To protect the position of any
subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted
Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration,
or surrender of this Lease (the ground lease), the City will accept the Sublessee, its
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
successors and assigns, as its Lessee for a period equal to the full unelapsed portion of
the term of the sublease, including any extensions or renewals thereof, not exceeding the
term of this Lease, upon the same covenants and conditions therein contained, to the
extent that said covenants and conditions are not inconsistent with any of the terms and
conditions of this Lease, provided such Sublessee shall make full and complete attornment
to the City for the balance of the term of such sublease so as to establish direct privity of
estate and contract between the City and the Sublessee with the same force and effect as
though such sublease was originally made directly between the City and such Sublessee;
and further provided such Sublessee agrees to comply with all the provisions of the ground
lease.
31. SUCCESSORS IN INTEREST: This Lease shall be binding upon and
shall inure to the benefit of the respective successors and assigns of the parties hereto,
subject to such specific limitations on assignment as are provided for herein.
32. GOVERNING LAW: This indenture of Lease shall be governed in all
respects by the laws of the State of Alaska.
33. NOTICES:
(a) Any notices required by this Lease shall be in writing and shall be
deemed to be duly given only if delivered personally or mailed by
certified or registered mail in a prepaid envelope addressed to the
parties at the address set forth in the opening paragraph of this lease
unless such address has been changed pursuant to sub - paragraph
(b) hereafter, and in that case shall to the most recent address so
changed. Any notice so mailed shall be deemed delivered on the date
it is deposited in a U.S. general or branch post office.
The City shall also mail a copy of any notice given to the Lessee, by
registered or certified mail, to any leasehold lender (mortgagee,
beneficiary of a deed of trust, security assignee) who shall have given
the City notice of such mortgage, deed of trust, or security
assignment.
(b) Any such addresses may be changed by an appropriate notice in
writing to all other parties affected provided such change of address is
given to the other parties by the means outlined in paragraph (a)
above at least fifteen (15) days prior to the giving of the particular
notice in issue.
34. ENTRY AND RE- ENTRY: In the event that the Lease should be
terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
event that the demised lands or any part thereof should be abandoned by the Lessee
during said term, the City or its agents, servants, or representatives may, immediately or
any time thereafter, re- enter, and resume possession of said lands or such part thereof,
and remove all persons and property therefrom, either by summary proceedings or by a
suitable action or proceeding at law without being liable for any damages therefor. No re-
entry by the City shall be deemed an acceptance of a surrender of the lease.
35. RETENTION OF RENTAL: In the event that the Lease should be
terminated because of any breach by the Lessee as herein provided, the rental payment
last made by the Lessee shall be retained by the City as partial or total liquidated damages
for said breach.
36. WRITTEN WAIVER: The receipt of rent by the City with knowledge of
any breach of the Lease by the Lessee, or any default on the part of the Lessee in
observance or performance of any of the conditions or covenants of the Lease, shall not be
deemed to be a waiver of any provisions of the Lease. No failure on the part of the City to
enforce any covenant or provision therein contained, nor any waiver of any right thereunder
by the City, unless in writing, shall discharge or invalidate such covenants or provisions, or
affect the right of the City to enforce the same in the event of any subsequent breach or
default. The receipt, by the City, of any rent or any other sum of money after the
termination, in any manner, of the term therein demised, or after the giving by the City of
any notice thereunder to effect such termination, shall not reinstate, continue, or extend the
resultant term therein demised, or destroy, or in any manner impair the efficacy of any such
notice of termination as may have been given thereunder by the City to the Lessee prior to
the receipt of any such sum of money or other consideration, unless so agreed to in writing
and signed by the City.
37. ZONING LAWS: Leased tidelands and shore fishery lands shall be
utilized in accordance with the building and zoning ordinances and rules and regulations of
the City. Failure to do so shall constitute a default.
38. PERSONAL USE OF MATERIALS: All coal, oil, gas, and other
minerals and all deposits of stone or gravel valuable for extraction or utilization and all
materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative
Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the
surface rights shall not sell or remove forthe use elsewhere any timber, stone, gravel, peat
moss, topsoil, or any other material valuable for building or commercial purposes; provided,
however, that material required for the development of the leasehold may be used if its use
is first approved by the City Manager.
39. MUTUAL CANCELLATION: Leases in good standing may be cancel
led in whole or in part at any time upon mutual written agreement by Lessee and the City
Council.
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
40. UNLAWFUL USE PROHIBITED: Lessee shall not allowthe leasehold
premises to be used for an unlawful purpose.
41. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of
leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may
be required by duly authorized Borough, State, or Federal agencies.
42. PREFERENCE RIGHT TO RE- LEASE: A Lessee under an existing
lease shall, upon the expiration or the termination by mutual agreement of said Lease, be
allowed a preference right to re -lease those lands previously leased by him if all other
sections of the Kenai Municipal Code are complied with. Re- leasing will not necessarily be
under the same terms and conditions as the prior lease. When the lease is offered to the
preference right holder, the preference right holder shall exercise the right within thirty (30)
calendar days after said lease is offered by the City. Failure to do so shall result in
forfeiture and cancellation of the preference right. No preference right shall inure to a
Lessee whose lease has been terminated by cause.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands,
the day and year stated in the individual acknowledgments below.
LESSOR:
CITY OF KENAI
Rick R. Koch Date:
City Manager
LESSEE:
KENAI SALMON COMPANY, INC.
M
James N. Butler III
President Date:
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4) LESSOR:
LESSEE:
ACKNOWLEDGEMENTS
STATE OF ALASKA
)ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of , 2016, the foregoing
instrument was acknowledged before me by RICK R. KOCH, City Manager of the City of
Kenai, Alaska, an Alaska home rule municipality, behalf of said City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2016, the foregoing
instrument was as acknowledged before me by JAMES N. BUTLER III, President of KENAI
SALMON COMPANY, INC., an Alaskan corporation, on behalf of the corporation.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott Bloom
City Attorney
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Shore Lease Fishery — Kenai Salmon Company, Inc. (Tract 4)
10
LESSOR:
LESSEE:
u
MEMO:
" "V llaye with a Past, C# with a F"t"re'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
dN- F. *erza Crtr
,'III
TO: Rick Koch, City Manager
FROM: Willie Anderson, Planning Assistant (v tom,
DATE: July 28, 2016
SUBJECT: Shore Fishery Lease — Kenai Salmon Company - Tract 4, Shore
Fishery Plat No. 71
The purpose of this communication is to advise Kenai City Council that at its regular
meeting held on July 11, 2016, the Harbor Commission unanimously recommended that
the City Council classify Tract 4, Shore Fishery Plat No. 71 for leasing as required by KMC
11.20.040.
Further, the Planning and Zoning Commission, at its regular meeting held on July 13,
2016, unanimously recommended that the City Council classify Tract 4, Shore Fishery Plat
No. 71 for leasing as required by KMC 11.20.040.
Thank you for your consideration
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