HomeMy WebLinkAboutOrdinance No. 2227-2007Suggested by: Councilor Ross
CITY OF KENAI
ORDINANCE NO. 2227-2007
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 21.10.080 BY ADDING A SECTION THAT ALLOWS THE COUNCIL BY
RESOLUTION TO GRANT A LESSEE THE CONTRACTUAL RIGHT TO A LEASE
RENEWAL UPON SUCH TERMS AND CONDITIONS AS THE COUNCIL DETERMINES
ARE IN THE BEST INTEREST OF THE CITY.
WHEREAS, KMC 21.10 does not allow a lessee to negotiate the contractual right of a
lease renewal; and,
WHEREAS, failure to allow for a contractual right to a lease renewal may discourage
some investments on airport reserve property; and,
WHEREAS, allowing the City Council the ability to grant a lessee the contractual right
to lease renewal provides the city with a tool to use when appropriate to encourage
investrnent on the airport reserve; and,
WHEREAS, any such renewal rights should be authorized by a resolution of the
Council upon such terms and conditions as it deems are in the best interest of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 21.10.080 is amended as shown below:
21.10.080 Lease amendment or renewal.
Llj An application submitted by an existing tenant for an amendment, term
extension, or renewal of the tenant's lease shall be subject to the requirements and
procedures of KMC 21.10.010-21.10.070, except that:
(a) KMC 21.10.040(b)(1), (2) and (3) shall not apply to an application that does not
include a proposal to construct new improvements on the premises;
(b) KMC 21.10.040(b)(3) shall not apply to an application that does not include a
proposal to add, delete, or alter a business authorized under the lease;
(c) The appraisal deposit under KMC 21.10.050(a)(2)(i) shall not be required for an
application for a lease amendment that, if approved, will not alter the size or value of
the premises; and
(d) The deposits under KMC 21.10.050(a)(2)(i) and (ii) shall not be required for an
application for a lease amendment that, if approved, will make only administrative
changes in the lease and will not alter the authorized use, size, or value of the
premises or if the City Manager determines the City will not incur any engineering,
surveying or consulting costs.
Ordinance No. 2227-2007
Page 2 of 2
[21 Notwithstanding subsection .080(1) above, the Council may by resolution grant
a lessee the contractual right to a lease renewal upon such terms and conditions as it
determines are in the best interests of the city.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May,
2007.
PAT PORTER, MAYOR
ATTEST
Carol L. Freas, City Clerk
Introduced: April 18, 2007
Adopted: May 2, 2007
Effective: June 2, 2007