tltl
CityM ~r
tltl' ()( . .,___ 1\etthlkan
334 Front Street Ketchikan, AK.. 9990 1 Phone (907) 228-5603 Fax (907) 225-5075
TRANSMITTAL MEMORANDUM TO:
The Honorable Mayor and City Council
FROM:
David Martin, Assistant City Manager
DATE:
May 20, 2016
RE:
Ordinance No. 16-1819- Authorizing The Extension Of The Term Of The Lease Of Certain Real Property to Akeela, Inc. Through December 31 , 2016; Providing For The Filing Of Referendum Petitions; And Establishing An Effective Date
At its meeting of April 19, 2012, the City Council adopted a motion directing staff to move forward with the transfer of the former Gateway Center for Human Services' buildings, contents and grounds to Akeela, Inc. In order to accomplish the transfer, a substantial surveying effort has been required in anticipation of having to establish a number of subdivisions to cleanly transfer the properties to Akeela, Inc. It is anticipated that the newly created subdivision affecting the Gateway property will be completed prior to the end of the year, and staff will move forward with conveying the property. At its meeting of May 19, 2016, the City Council adopted the motion approving Ordinance No. 16-1819 in first reading . If adopted by the City Council, Ordinance No. 16-1819 authorizes the extension of the lease of the former Gateway Center for Human Services properties to Akeela , Inc. through December 31 , 2016. The current lease extension , which was approved by the City Council on June 6, 2013, expires June 30, 2016. A motion has been prepared for City Council consideration . RECOMMENDATION It is recommended that the City Council adopt the motion approving in second reading Ordinance No. 16-1819 authorizing the extension of the term of the lease of certain real property to Akeela , Inc. through December 31 , 2016; providing for the filing of referendum petitions; and establishing an effective date. Recommended Motion: I move the City Council approve in second reading Ordinance No. 16-1819 authorizing the extension of the term of the lease of certain real property to Akeela, Inc. through December 31 , 2016; providing for the filing of referendum petitions; and establishing an effective date. AGENDA- 06/02/19- GGUB1
THE CITY OF KETCIDKAN, ALASKA ORDINANCE NO. 16-1819 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCIDKAN, ALASKA; AUTHORIZING THE EXTENSION OF THE TERM OF THE LEASE OF CERTAIN CITY REAL PROPERTY TO AKEELA, INC. THROUGH DECEMBER 31, 2016; PROVIDING FOR THE FILING OF REFERENDUM PETITIONS; AND ESTABLISHING AN EFFECTIVE DATE.
A.
The City and Ak.eela, Inc. entered into a Lease Agreement dated May 1, 2010 concerning the following property: Gateway Center for Human Services, 3050 5th Avenue, Ketchikan, Alaska 99901; Drop-In/CSP, 3056 5th Avenue, Ketchikan, Alaska 99901; KAR House, 3134 Tongass Avenue, Ketchikan, Alaska 99901; and Horizon House, 1356 Peyton Place, Ketchikan, Alaska 99901;
B.
The Lease Agreement has been terminated in respect to the KAR House Property and was previously amended to extend the terms of the lease through June 30, 2016.
C.
Ak.eela, Inc. and the City desire to extend the Lease through December 31, 2016.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA, AS FOLLOWS :
Section 1: Approval of Extension of Lease. The Second Agreement Extending Term of Lease between the City and Akeela, Inc., attached as Exhibit A, is hereby approved and is hereby exempt from any requirement for competitive bidding or other requirements for the leasing of property, including, but not limited to Section 5-16 and 5-17 of the City Charter and Chapter 3.12 of the Ketchikan Municipal Code. Section 2: Effective Date. If one or more referendum petitions with signatures are properly filed within one (1) month after passage and publication of this ordinance, this ordinance shall not go into effect until the petition or petitions are finally found to be illegal ADU/0/Akeela Lease Exc 2016
Page 1
Ordinance No. 16-l B19
and/or insufficient, or, if any such petition is found legal and sufficient, until this ordinance is approved at an election by a majority of the qualified voters voting on the question. If n o referendum petition with signatures is filed, this ordinance shall go into effect one (1) month after its passage and publication.
PASSED ON FIRST R E A D I N G - - - - - - - - - - - - - - - - -
FINAL PASSAGE _ _ _ _ __ _ _ _ _ _ __ _ _ __ _ _ __
Lew Williams III, Mayor
I
ATTEST :
EFFECTIVE ROLL CALL
I
DATE: YEA
NAY
ABSENT
COOSE GAGE
Katy Suiter City Clerk
HARRIS IS OM KIFFER SIVERTSEN ZENGE MAYOR
ADU/0/Akeela Lease Ext 2016
Page 2
Ordinance No. 16ยท1819
SECOND AGREEMENT EXTENDING TERM OF LEASE
THIS AGREEMENT is made on - - -- - - - - ' 2016, by and between the CITY OF KETCHIKAN, ALASKA, a home rule, chartered municipality ("LESSOR"), 334
Front Street, Ketchikan, Alaska, 99901, and AKEELA, INC., a private, nonprofit 401(c)3 corporation organized under the laws of the State of Alaska, ("LESSEE") with principle offices at 350 West Benson, Suite 300, Anchorage, Alaska 99503.
A. LESSOR and LESSEE entered into a Lease Agreement dated May 1, 2010,
concerning the following property: Gateway Center for Human Services, 3050 5th Avenue, Ketchikan, Alaska 99901 Drop-In/ CSP, 3056 5th Avenue, Ketchikan, Alaska 99901 KAR House, 3134 Tongass Avenue, Ketchikan, Alaska 99901 Horizon House, 1356 Peyton Place, Ketchikan, Alaska 99901 (hereinafter "the Lease").
B. LESSOR and LESSEE terminated the Lease Agreement in respect to the KAR
House property and previously amended the Lease Agreement to extend the terms of the Lease through June 30, 2016.
C. LESSOR and LESSEE desire to extend the lease through December 31, 2016 ..
NOW, THEREFORE, LESSOR and LESSEE agree as follows:
Section 1:
Extension of Term. The term of the Lease is extended through
December 31, 2016 ("the Extended Term").
ADU/I.IAkeela F.xtension of /.ea.se 2016
Puge I of3
Section~:
Other Conditions. Except as expressly provided herein, all other
terms, covenants, and conditions of the LEASE shall remain in full force and effect throughout the Extended Term.
WHEREFORE the parties have entered into this Agreement the date and year first
above written. LESSOR: CITY OF KETCHIKAN, ALASKA
By:
----~---------------------
Karl R. Amylon, City Manager
ATTEST:
Katherine M. Suiter, City Clerk LESSEE: AKEELA, INC.
By:
--------------------------Name and Title
ATTEST:
Name and Title
STATE OF ALASKA
)
) ss: FIRST JUDICIAL DISTRICT
)
THIS IS TO CERTIFY that on this _ _ day of , 2016, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared KARL R. AMYLON and KATHERINE M. SUITER, to me known to be the City Manager and City Clerk of the CITY OF KETCHIKAN, ALASKA, a
Municipal Corporation, the corporation which executed the above and foregoing instrument, and who on oath stated that they were duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said corporation, and that the seal affixed thereto is
ADU/I..IAketla Extension of Lease 20!6
Page 2 of3
the corporate seal thereof, and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above
written.
Notary Public for Alaska My Commission Expires: _ _ _ _ __ STATE OF ALASKA
)
) ss: THIRD JUDICIAL DISTRICT
)
THIS IS TO CERTIFY that on this _ _ day of , 2016, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared , to me known to be the of AKEELA, INC., an Alaska Corporation, the corporation which executed the above and foregoing instrument, and who on oath stated that they were duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said corporation, and that the seal affixed thereto is the corporate seal thereof, and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above
written.
Notary Public for Alaska Residing at: _ _ _ _ _ _ _ _ _ __ My Commission Expires: _ _ _ _ __
ADU/1./Akee/a Extension o{Ltase 2016
Page 3 of3
tltl' ()( . .,___ 1\etthlkan
334 Front Street Ketchikan, AK.. 9990 1 Phone (907) 228-5603 Fax (907) 225-5075
TRANSMITTAL MEMORANDUM TO:
The Honorable Mayor and City Council
FROM:
David Martin, Assistant City Manager
DATE:
May 20, 2016
RE:
Ordinance No. 16-1819- Authorizing The Extension Of The Term Of The Lease Of Certain Real Property to Akeela, Inc. Through December 31 , 2016; Providing For The Filing Of Referendum Petitions; And Establishing An Effective Date
At its meeting of April 19, 2012, the City Council adopted a motion directing staff to move forward with the transfer of the former Gateway Center for Human Services' buildings, contents and grounds to Akeela, Inc. In order to accomplish the transfer, a substantial surveying effort has been required in anticipation of having to establish a number of subdivisions to cleanly transfer the properties to Akeela, Inc. It is anticipated that the newly created subdivision affecting the Gateway property will be completed prior to the end of the year, and staff will move forward with conveying the property. At its meeting of May 19, 2016, the City Council adopted the motion approving Ordinance No. 16-1819 in first reading . If adopted by the City Council, Ordinance No. 16-1819 authorizes the extension of the lease of the former Gateway Center for Human Services properties to Akeela , Inc. through December 31 , 2016. The current lease extension , which was approved by the City Council on June 6, 2013, expires June 30, 2016. A motion has been prepared for City Council consideration . RECOMMENDATION It is recommended that the City Council adopt the motion approving in second reading Ordinance No. 16-1819 authorizing the extension of the term of the lease of certain real property to Akeela , Inc. through December 31 , 2016; providing for the filing of referendum petitions; and establishing an effective date. Recommended Motion: I move the City Council approve in second reading Ordinance No. 16-1819 authorizing the extension of the term of the lease of certain real property to Akeela, Inc. through December 31 , 2016; providing for the filing of referendum petitions; and establishing an effective date. AGENDA- 06/02/19- GGUB1
THE CITY OF KETCIDKAN, ALASKA ORDINANCE NO. 16-1819 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCIDKAN, ALASKA; AUTHORIZING THE EXTENSION OF THE TERM OF THE LEASE OF CERTAIN CITY REAL PROPERTY TO AKEELA, INC. THROUGH DECEMBER 31, 2016; PROVIDING FOR THE FILING OF REFERENDUM PETITIONS; AND ESTABLISHING AN EFFECTIVE DATE.
A.
The City and Ak.eela, Inc. entered into a Lease Agreement dated May 1, 2010 concerning the following property: Gateway Center for Human Services, 3050 5th Avenue, Ketchikan, Alaska 99901; Drop-In/CSP, 3056 5th Avenue, Ketchikan, Alaska 99901; KAR House, 3134 Tongass Avenue, Ketchikan, Alaska 99901; and Horizon House, 1356 Peyton Place, Ketchikan, Alaska 99901;
B.
The Lease Agreement has been terminated in respect to the KAR House Property and was previously amended to extend the terms of the lease through June 30, 2016.
C.
Ak.eela, Inc. and the City desire to extend the Lease through December 31, 2016.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA, AS FOLLOWS :
Section 1: Approval of Extension of Lease. The Second Agreement Extending Term of Lease between the City and Akeela, Inc., attached as Exhibit A, is hereby approved and is hereby exempt from any requirement for competitive bidding or other requirements for the leasing of property, including, but not limited to Section 5-16 and 5-17 of the City Charter and Chapter 3.12 of the Ketchikan Municipal Code. Section 2: Effective Date. If one or more referendum petitions with signatures are properly filed within one (1) month after passage and publication of this ordinance, this ordinance shall not go into effect until the petition or petitions are finally found to be illegal ADU/0/Akeela Lease Exc 2016
Page 1
Ordinance No. 16-l B19
and/or insufficient, or, if any such petition is found legal and sufficient, until this ordinance is approved at an election by a majority of the qualified voters voting on the question. If n o referendum petition with signatures is filed, this ordinance shall go into effect one (1) month after its passage and publication.
PASSED ON FIRST R E A D I N G - - - - - - - - - - - - - - - - -
FINAL PASSAGE _ _ _ _ __ _ _ _ _ _ __ _ _ __ _ _ __
Lew Williams III, Mayor
I
ATTEST :
EFFECTIVE ROLL CALL
I
DATE: YEA
NAY
ABSENT
COOSE GAGE
Katy Suiter City Clerk
HARRIS IS OM KIFFER SIVERTSEN ZENGE MAYOR
ADU/0/Akeela Lease Ext 2016
Page 2
Ordinance No. 16ยท1819
SECOND AGREEMENT EXTENDING TERM OF LEASE
THIS AGREEMENT is made on - - -- - - - - ' 2016, by and between the CITY OF KETCHIKAN, ALASKA, a home rule, chartered municipality ("LESSOR"), 334
Front Street, Ketchikan, Alaska, 99901, and AKEELA, INC., a private, nonprofit 401(c)3 corporation organized under the laws of the State of Alaska, ("LESSEE") with principle offices at 350 West Benson, Suite 300, Anchorage, Alaska 99503.
A. LESSOR and LESSEE entered into a Lease Agreement dated May 1, 2010,
concerning the following property: Gateway Center for Human Services, 3050 5th Avenue, Ketchikan, Alaska 99901 Drop-In/ CSP, 3056 5th Avenue, Ketchikan, Alaska 99901 KAR House, 3134 Tongass Avenue, Ketchikan, Alaska 99901 Horizon House, 1356 Peyton Place, Ketchikan, Alaska 99901 (hereinafter "the Lease").
B. LESSOR and LESSEE terminated the Lease Agreement in respect to the KAR
House property and previously amended the Lease Agreement to extend the terms of the Lease through June 30, 2016.
C. LESSOR and LESSEE desire to extend the lease through December 31, 2016 ..
NOW, THEREFORE, LESSOR and LESSEE agree as follows:
Section 1:
Extension of Term. The term of the Lease is extended through
December 31, 2016 ("the Extended Term").
ADU/I.IAkeela F.xtension of /.ea.se 2016
Puge I of3
Section~:
Other Conditions. Except as expressly provided herein, all other
terms, covenants, and conditions of the LEASE shall remain in full force and effect throughout the Extended Term.
WHEREFORE the parties have entered into this Agreement the date and year first
above written. LESSOR: CITY OF KETCHIKAN, ALASKA
By:
----~---------------------
Karl R. Amylon, City Manager
ATTEST:
Katherine M. Suiter, City Clerk LESSEE: AKEELA, INC.
By:
--------------------------Name and Title
ATTEST:
Name and Title
STATE OF ALASKA
)
) ss: FIRST JUDICIAL DISTRICT
)
THIS IS TO CERTIFY that on this _ _ day of , 2016, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared KARL R. AMYLON and KATHERINE M. SUITER, to me known to be the City Manager and City Clerk of the CITY OF KETCHIKAN, ALASKA, a
Municipal Corporation, the corporation which executed the above and foregoing instrument, and who on oath stated that they were duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said corporation, and that the seal affixed thereto is
ADU/I..IAketla Extension of Lease 20!6
Page 2 of3
the corporate seal thereof, and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above
written.
Notary Public for Alaska My Commission Expires: _ _ _ _ __ STATE OF ALASKA
)
) ss: THIRD JUDICIAL DISTRICT
)
THIS IS TO CERTIFY that on this _ _ day of , 2016, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared , to me known to be the of AKEELA, INC., an Alaska Corporation, the corporation which executed the above and foregoing instrument, and who on oath stated that they were duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said corporation, and that the seal affixed thereto is the corporate seal thereof, and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above
written.
Notary Public for Alaska Residing at: _ _ _ _ _ _ _ _ _ __ My Commission Expires: _ _ _ _ __
ADU/1./Akee/a Extension o{Ltase 2016
Page 3 of3
