HomeMy WebLinkAboutResolution No. 2013-48t
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2013 -48
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING
THE LEASES OF AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND
JAMES H. DOYLE D /B /A WEAVER BROTHERS, INC. FOR TRACT A, GUSTY
SUBDIVISION AND TRACT B, GUSTY SUBDIVISION, LOCATED ON THE KENAI
MUNICIPAL AIRPORT.
WHEREAS, James H. Doyle d /b /a Weaver Brothers, Inc. submitted applications to
lease Tract A, Gusty Subdivision and Tract B Gusty Subdivision, which are City-
owned properties located in the Airport Reserve; and,
WHEREAS, the Airport Commission and the Planning 8s Zoning Commission reviewed
the lease applications and recommended the City Manager approve the applications;
and,
WHEREAS, KMC 21.10.150 (b) allows the City Manager to enter into a land lease that
deviates from the standard lease form if the Manager believes the action is in the best
interest of the City, the lease is approved as to form by the City Attorney, and the lease
is approved by resolution of the City Council; and,
WHEREAS, it is in the best interest of the City of Kenai to deviate from the standard
lease form approved by Resolution 2007 -06 by adding paragraph C under Article II,
Term & Holdover, to reserve the City's right to cancel the lease with 90 -days notice,
and amending Article V, Adjustment of Rent and Fees, so that rent is renegotiated in
years ending in zero and five, and the City Attorney has approved the amended Lease
as to form.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the Lease of Airport Reserve Lands between the City of Kenai and James H.
Doyle D /B /A Weaver Brothers, Inc. for Tract A, Gusty Subdivision and the Lease of
Airport Reserve Lands between the City of Kenai and James H. Doyle D /B /A Weaver
Brothers, Inc. for Tract B, Gusty Subdivision are approved.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July,
2013. \ // -4
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
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210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
APPROVED BY COUNCIL
MEMO* Date: 3 -
TO: Kenai City Council
THROUGH: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager PV
DATE: June 25, 2013
SUBJECT: Resolution No. 2013 -48 - James H. Doyle Lease(s) - Tracts A & B
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The purpose of this memo is to provide additional information in support of Resolution No.
2013 -48. James H. Doyle has leased the referenced properties since 1984 for a parking
area for trailers and wishes to continue to lease these properties for a term of five years for
the same purpose. The parcels are within the Airport Reserve and shown on the attached
map. The current leases allow the City to cancel the lease with ninety (90) day's written
notice. Mr. Doyle does not object to the cancellation clause remaining in the Lease and is
in compliance with both the City and the Borough.
The City Manager referred the applications to the Airport and Planning & Zoning
Commissions for review and comment. The Airport Commission recommended approval of
the lease applications at its June 13 meeting. The Planning & Zoning Commission found
that the lease was in compliance with the Zoning Ordinance and the Comprehensive Plan
and recommended approval of the lease applications at its June 12 meeting.
The City Manager concurred with the recommendations of the Commissions and
recommends entering into a lease that includes a 90 -day cancellation clause as well as a
rent renegotiation cycle that conforms to the rent renegotiation cycle of other Kenai
Municipal Airport leases. A deviation from the standard lease form requires the approval of
the City Council. The City Attorney has approved the attached Lease(s) as to form, and if
Council passes Resolution No. 2013 -48, the Lease(s) may be executed by the parties.
Attachments
CC' James H. Doyle, Weaver Brothers, Inc.
James H. Doyle Lease Application
Tracts A and B, Gusty Subdivision