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Discussion Item: Lease Amendment No. 3 of the Lease with Silver Bay Seafoods, LLC for Parcel 4, a 23,797.5 square foot Portion of USS 495 Tidelands
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SUBMITTED BY: Nicole LeRoy, Planning Technician
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Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
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SUMMARY STATEMENT:
On November 6, 2002, the City of Valdez entered into a lease for Parcel 4, a 23,797.5 square foot portion of USS 495 Tidelands, with Sea Hawk Seafoods, Inc. for twelve years, commencing on December 1, 2001 and ending on the last day of November, 2013 with six, five-year renewal options.
Resolution #09-39, dated August 12, 2009, authorized consent to assignment of leasehold interest for the lease from Sea Hawk Seafoods, Inc. to PS Acquisitions. PS Acquisitions was renamed Northern Reach Seafoods. On February 1, 2010, Resolution #10-05 authorized consent to the assignment of the Lease from Northern Reach Seafoods to Silver Bay Seafoods, LLC.
Resolution #13-59 authorized the City Manager or designee to negotiate lease renewal option one of six five-year options, commencing on December 1, 2013 and ending the last day of November 2018.
Silver Bay Seafoods, LLC approached Community Development staff with intention to exercise the second of six, five-year renewal options. The Lease is scheduled to expire on the last day of November, 2018 with five five-year renewal options remaining.
Valdez Municipal Code 4.08.100 states that the LESSEE "shall be required to pay for any and all survey, appraisal or other costs incurred in connection with the application and lease process."
Paragraph 1.05 of the Lease states there is no appraisal fee to be paid by the Lessee under the lease. This is in violation of Valdez Municipal Code 4.08.100 which requires the Lessee to bear such costs.
Staff will be bringing this item before City Council as a resolution to authorize the C...
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