ITEM TITLE:
Approval of a Recommendation to City Council to Authorize a Lease with Crowley Fuels, LLC for aN 8,400 Square Foot Portion of USS 495 Tidelands (South Fuel Dock)
SUBMITTED BY: Nicole Chase, Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Approve a recommendation to approve a lease with Crowley Fuels, LLC for an 8,400 square foot portion of USS 495 Tidelands (South Fuel Dock)
SUMMARY STATEMENT:
The City of Valdez entered into a lease for an 8,400 square foot portion of USS 495 Tidelands, with Max and Betty Wells in 2001 for seventeen years, commencing on December 1, 2001 and ending the last day of November, 2018 with an additional six, five year options to renew. City Council approved an assignment of leasehold interest from the Estate of Betty J. Wells to Crowley Fuels LLC. The lease was renewed with approval of resolution #18-30 for an additional five-year term expiring November 30, 2023.
The lease has been in holdover with all terms and conditions continuing on a monthly basis since the expiration while the recommended new lease terms were negotiated between staff and Crowley.
Crowley Fuels, LLC has applied to continue to lease this property for use of fuel dock. The new lease is proposed for an initial term of 10 years, with four five-year options to renew the lease. The rent for this lease is subject to fair rental value pursuant to Valdez Municipal Code 14.04.020 which is determined to be 10% of appraised value annually which amounts to $1,500.00 annually for use of this property according to the most recent appraisal for the location. In addition to the baseline annual rent, staff proposes that lessee pay a fuel surcharge of $00.04 cents per gallon of fuel sold. The lessee should provide lessor access to meters and other records necessary to determine the annual volume of fuel sold at this location. Staff proposes this negotiated rate since the fair rental value of $1,500.00 does not adequately capture the true value of this property. The fuel surcharge would be based on annual throughput of fuel in 2024 for the first five years of the lease and adjusted based on the most recent fuel flow every five years following.
Another notable proposed change for this lease is that it sets forth proposed minimum operating hours in response to community feedback regarding call-out fees, and hours of operations. The draft lease establishes the following minimum operating hours:
“LESSEE shall use the Property for fueling related purposes and for no other purposes. LESSEE shall not conduct any illegal activities on the Property or maintain any nuisances on the Property. LESSEE shall provide fueling services at the South Fuel Dock Premises or at the North Fuel Dock as depicted on Exhibit B so long as LESSOR is leasing the North Fuel Dock from LESSOR as follows:
(a) November 1 - April 13 (by Appointment Only)
(b) April 15 - Thursday before Memorial Day, 7 days a week from 9am-5pm
(c) Friday of Memorial Day weekend - Labor Day
South Fuel Dock - 7 days a week from 6am-10pm
North Fuel Dock - 7 days a week from 10am-6pm
(d) Day after Labor Day - October 15, Monday-Friday 9am-5pm”
Additionally, Silver Bay Seafoods-Valdez, LLC approached Community Development staff about potentially constructing a fish transfer pipe under the Lease property and the City Attorney recommended including a non-conflicting use clause in the Lease.
Pursuant to Valdez Municipal Code, 14.04.090, the Planning and Zoning Commission will also vote on a recommendation to approve this lease.
All other terms and conditions of the proposed lease agreement follow the standard lease language applied to all tideland lessees. Pending Council approval, staff will work with the City Attorney and Crowley Fuels to execute a new agreement.