HomeMy WebLinkAboutResolution No. 2021-44KENAI
CITY OF KENAI
RESOLUTION NO. 2021-44
Sponsored by: Administration
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO
EXTEND THE RESTAURANT CONCESSION AGREEMENT IN THE KENAI MUNICIPAL
AIRPORT FOR AN ADDITIONAL YEAR.
WHEREAS, on August 1, 2018, Council passed Resolution 2018-42 authorizing the City Manager
to enter into a restaurant concession agreement with the Brothers' Cafe with an initial term of two
years and an opportunity to extend for three successive one year terms pending Council approval;
and,
WHEREAS, on March 6, 2019 Council passed Resolution 2019-14 authorizing the City Manager
to enter into an amended concession agreement with the Brothers' Cafe recognizing decreased
business due to the terminal rehabilitation project; and,
WHEREAS, on December 4, 2019, Council passed Resolution 2019-78 authorizing the City
Manager to enter into an amended concession agreement with the Brothers' Cafe recognizing a
necessary business closure due to the terminal rehabilitation project; and,
WHEREAS, on June 3, 2020 Council passed Resolution 2020-34 authorizing the first one year
extension of the agreement until June 30, 2021; and,
WHEREAS, on December 16, 2020, Council passed Resolution 2020-94, further adjusting the
fee arrangement with Brother's Cafe; and,
WHEREAS, the City of Kenai and Brother's Cafe both desire to extend Agreement for the second
one year extension; and,
WHEREAS, at its regular meeting of June 10, 2021 the Airport Commission recommended
Council approve a further one year extension, and,
WHEREAS, it is in the best interest of the City of Kenai to authorize the City Manager to extend
the term of the agreement for one additional year pursuant to ARTICLE II of the Restaurant
Concession Agreement as Brother's Cafe provides a valuable service to the Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a Fourth Amendment to the
Restaurant Concession Agreement with the Brothers Cafe, extending the term of the Agreement
for the period of July 1, 2021 and ending June 30, 2022.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of June, 2020
Resolution No. 2021-44
Page 2 of 2
KENAI
City of Kenai 1 210 Fidaigo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.kenaixity
MEMORANDUM
TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager
FROM:
Erica Brincefield, Assistant to Airport Manager
DATE:
June 8, 2021
SUBJECT:
Resolution 2021-44— Extend Restaurant Concession Agreement
James and Zachary Hamilton, Situla, LLC (d/b/a) Brothers Caf6) request an extension of the
Restaurant Concession Agreement for the second successive one-year term.
The Airport Commission reviewed the request at its June 10, 2021 meeting and unanimously
recommends that Council approve the Fourth Amendment to the Restaurant Concession
Agreement extending the Agreement for another year.
Thank you for your consideration.
Attachment
FOURTH AMENDMENT TO CITY OF KENAI MUNICIPAL AIRPORT
RESTAURANT CONCESSION AGREEMENT
James Hamilton and Zachary Hamilton, Co -Owners (Concessionaire), Situla LLC
(d/b/a/ Brother's Cafe, 1510 Kittiwake CT, Kenai, Alaska 99611, and the CITY OF
KENAI, a municipal corporation, organized and existing under the laws of the State of
Alaska (City), 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611, entered into a
contract for restaurant concession services at the Kenai Airport, beginning August 2,
2018.
Whereas: on August 1, 2018, the Kenai City Council adopted Resolution 2018-42,
authorizing the City Manager to enter into a Restaurant Concession Agreement
with Concessionaire; and,
Whereas: on March 6, 2019, the Kenai City Council adopted Resolution 2019-14,
authorizing the City Manager to amend the Agreement with Concessionaire to
reflect a temporary adjustment to the fees and payments due; and,
Whereas: on June 3, 2020 the Kenai City Council adopted Resolution 2020-34
authorizing the City Manager to extend the Agreement through June 30, 2021;
and,
Whereas: on December 16, 2020 the Kenai City Council adopted Resolution 2020-94
authorizing an additional change to the fee structure of the Agreement; and,
Whereas: pursuant to Article II of the Agreement, the City and Concessionaire mutually
desire and agree to extend the Agreement for the second successive one-year
term.
Now, therefore, the City of Kenai and Concessionaire agree as follows:
1. Pursuant to Article II of the Restaurant Concession Agreement for the Kenai
Municipal Airport, this Agreement is extended for the second one-year term extension
beginning on July 1, 2021 and ending on June 30, 2022.
2. All other terms and conditions of the Agreement shall remain unchanged and in full
force and effect.
Restaurant Concession Agreement Amendment 6/11/2021 City
Page 1 of 3 Concessionaire
Concessionaire
LESSOR:
CITY OF KENAI
Paul Ostrander, City Manager
CONCESSIONAIRE:
Situla LLC (d/b/a/ Brother's Cafe) Situla LLC (d/b/a/ Brother's Cafe)
James Hamilton — Co -Owner Zachary Hamilton — Co -Owner
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2021, James
Hamilton, Co -Owner, Situla LLC (d/b/a/ Brother's Cafe), being personally known to me
or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instrument on
behalf of said Corporation.
Notary Public for Alaska
My Commission Expires:
Restaurant Concession Agreement Amendment 6/11/2021 City
Page 2 of 3 Concessionaire_
Concessionaire
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2021, Zachary
Hamilton, Co -Owner, Situla LLC (d/b/a/ Brother's Cafe), being personally known to me
or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instrument on
behalf of said Corporation.
Notary Public for Alaska
My Commission Expires
STATE OF ALASKA )
)ss
THIRD JUDICAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2021,
personally appeared before me, PAUL OSTRANDER, known to me and to me known
to be the City Manager of the City of Kenai, Alaska, and who acknowledged before me
that the foregoing instrument was freely and voluntarily executed on behalf of the City
of Kenai, for the uses and purposes set forth and with full authority of the City of Kenai
to do so.
Notary Public for Alaska
My Commission Expires:
Approved by Kenai City Council on
Approved as to lease form by City Attorney
Approved by Finance Director
Approved by City Manager
Restaurant Concession Agreement Amendment 6/11/2021 City_
Page 3 of 3 Concessionaire_
Concessionaire