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Commission debates Benny's lease extension and whether staff should solicit other tenant extensions
Summary
Commissioners debated a lease-extension request for Benny's at the beach, whether other tenants should be proactively contacted for extensions, and whether leases may be amended mid-term; city attorney said leases can be amended if tenants request, and staff will provide available lease responsibilities and documentation.
Mayor Betty Resch and several commissioners discussed an agenda item to extend the lease for Benny's and whether the city should proactively seek extensions from other tenants at the beach (Kilwin's, the T-shirt shop, and 'Mamamoo's').
Commissioner Christopher McCoy asked whether the city could terminate existing leases to reissue them for bid, and requested legal advice and documentation of landlord and tenant responsibilities at each location. City attorney Elizabeth said lease terms can be amended if a tenant requests an amendment, and that leases can be taken to bid at the end of a lease term but cannot be unilaterally reopened mid-term. She also said staff could produce documentation of tenant responsibilities if available.
Several commissioners objected to staff proactively soliciting tenants who had not asked for extensions; Commissioner Anthony Stegrich called that approach “asinine,” arguing tenants should request an extension if they want one. Others said the commission could consider individual tenant requests when presented and treat each lease on its own terms. The commission directed staff to include whatever lease backup is available and to treat individual tenant requests on a case-by-case basis.
The item will remain on the upcoming Tuesday agenda with legal and lease documentation provided as available.
