HomeMy WebLinkAboutResolution No. 2022-61KENAI
CITY OF KENAI
RESOLUTION NO. 2022-61
Sponsored by: Administration
A RESOLUTION 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 Managerto 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, adjusting the fee arrangement
with Brother's Cafe; and,
WHEREAS, on June 16, 2021, Council passed Resolution 2021-44 authorizing the second one-year
extension of the agreement until June 30, 2022; and,
WHEREAS, the City of Kenai and Brother's Cafe both desire to extend Agreement for the third one-year
extension; and,
WHEREAS, at its regular meeting of August 11, 2022 the Airport Commission recommended Council
approve the final 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 Fifth Amendment to the Restaurant
Concession Agreement with the Brothers Cafe, extending the term of the Agreement for the period of
July 1, 2022 and ending June 30, 2023.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF AUGUST, 2022
Brian Gabriel Sr., Mayor
New Text Underlined; [DELETED
Resolution No. 2022-61
Page 2 of 2
�f«
, M6, City Clerk
New Tex[ Underlined; [DELETED TEXT BRACKETED]
I 9V
KENAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city
MEMORANDUM
TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager
FROM:
Eland Conway, Airport Manager
DATE:
August 4, 2022
SUBJECT:
Resolution 2022-61 — Extend Restaurant Concession Agreement
James and Zachary Hamilton, Situla, LLC (d/b/a) Brothers Cafe, request an extension of the
Restaurant Concession Agreement for the third successive one-year term.
The Airport Commission reviewed the request at its August 11, 2022 meeting and unanimously
recommends that Council approve the Fifth Amendment to the Restaurant Concession
Agreement extending the Agreement for another year.
Thank you for your consideration.
Attachment
FIFTH 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 December 4, 2019, Council adopted Resolution 2019-78 authorizing the
City Manager to enter into an amended concession agreement with Brothers' Cafe
recognizing a necessary business closure due to the terminal rehabilitation project;
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: on June 16, 2021 the Kenai City Council adopted Resolution 2021-44
authorizing the City Manager to extend the Agreement through June 30, 2022;
and,
Whereas: pursuant to Article II of the Agreement, the City and Concessionaire mutually
desire and agree to extend the Agreement for the third successive one-year term.
Now, therefore, the City of Kenai and Concessionaire agree as follows:
Restaurant Concession Agreement Amendment 8/12/2022 City
Page 1 of 4 Concessionaire_
Concessionaire
1. Pursuant to Article II of the Restaurant Concession Agreement for the Kenai
Municipal Airport, this Agreement is extended for the third one-year term extension
beginning on July 1, 2022 and ending on June 30, 2023.
2. All other terms and conditions of the Agreement shall remain unchanged and in full
force and effect.
Restaurant Concession Agreement Amendment 8/12/2022 City
Page 2 of 4 Concessionaire_
Concessionaire
LESSOR:
CITY OF KENAI
Paul Ostrander, City Manager
CONCESSIONAIRE:
Situla LLC (d/b/a/ Brother's Cafe)
James Hamilton — Co -Owner
STATE OF ALASKA
)ss
THIRD JUDICIAL DISTRICT
Situla LLC (d/b/a/ Brother's Cafe)
Zachary Hamilton — Co -Owner
THIS IS TO CERTIFY that on this _ day of , 2022, 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 8/12/2022 city_
Page 3 of 4 Concessionaire_
Concessionaire
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2022, 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 , 2022,
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 8/12/2022 City
Page 4 of 4 Concessionaire_
Concessionaire