HomeMy WebLinkAboutRes2018-056 Sponsored by: Hunt
CITY OF SEWARD,ALASKA
RESOLUTION 2018-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A LICENSE FOR REAL PROPERTY WITH THE
UNITED STATES GOVERNMENT FOR CONTINUED USE OF A PORTION
OF LOT 1 BLOCK 10 FOURTH OF JULY CREEK SUBDIVISION,TO BE
USED FOR A WEATHER RADIO TRANSMITTER SITE
WHEREAS,the United States has leased from the City a portion of the northeast corner of
Lot 1, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Plat 97-27
Seward Recording District,Third Judicial District, State of Alaska; and
WHEREAS,the National Oceanic and Atmospheric Administration(NOAA)would like to
continue using the site for a weather radio transmitter site; and
WHEREAS, it is in the public's best interest to provide the citizens of the City of Seward
accessibility to weather radio broadcasting information as a public service without charging rent;and
WHEREAS,the City Council has determined that continued use of the site by the United
States for the purpose described herein would be in the public's interest.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
Section 1. The City Manager is authorized to enter into a License for Real Property
Agreement with the United States Government,in the form presented at this meeting,for the use of a
portion of the Northeast corner of Lot 1,Block 10,Fourth of July Creek Subdivision,Seward Marine
Industrial Center, Plat 97-27, Seward Recording District, Third Judicial District, State of Alaska.
Section 2. Following a public hearing, it is determined to be in the public's interest to
provide the site for the use of a weather radio transmitting site without charging rent.
Section 3.This resolution shall take effect thirty(30)days following approval and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 25th
day of June, 2018.
THE CITY OF SEWARD,ALASKA
c\JD
David Squires, M or
CITY OF SEWARD,ALASKA
RESOLUTION 2018-056
AYES: McClure, Keil, Horn, Towsley, Casagranda, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ALAVIA/A ,
:renda J. Ballo', MMC
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Agenda Statement
Meeting Date: June 25, 2018 '
To: City Council
Through: Jim Hunt, City Manager
From: Norm Regis, Harbormaster
Agenda Item: License for real property with N.O.A.A. for Lot 1, Block 10, Fourth of July
Creek Subdivision, Seward Marine Industrial Center
BACKGROUND & JUSTIFICATION:
The City Administration and the United States entered into a Lease Agreement in 1987 to allow a
weather station on a small piece of land owned by the City in the Seward Marine Industrial Center
(SMIC). NOAA provides a service to the public with this weather station and the City has not
charges rent for such uses of its land.
This Lease has been renewed twice since 1987 in Resolution 1999-049 and 2007-093.
The existing lease expired September 30, 2017 and the United States is requesting to renew their
lease in the farm of a License for Real Property agreement that would retroactively extend the term
of this lease.
The License for Real Property presented today for Councils approval would allow NOAA to
continue using a portion of Lotl, Block 10, Fourth of July Creek Subdivision, Seward Marine
Industrial Center,Plat 97-27, Seward Recording District,Third Judicial District,State of Alaska,as a
weather radio transmitter site. The term would be extended through September 3 0, 2027.
The License for Real Property is a tract of land measuring 300 square feet, more or less.
INTENT: Approve a License for Real Property with the United States(NOAA)for a weather radio
transmitting site.
CONSISTENCY CHECKLIST: Yes No N/A
I. Comprehensive Plan (page 11-27, 12.1): emergency preparedness X
2. Strategic Plan (page 7): Expand development in SM1C X
3. Other (list):
68
FISCAL NOTE: The City would not receive rent but would participate in providing a public
service to residents of Seward and others.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No Not Applicable
RECOMMENDATION:
That the City Council approve Resolution 2018-056 authorizing the City Manager to enter into a
License for Real Property with the United States Government for continued operations of the
NOAA weather facility in SMIC.
69
U.S. GOVERNMENT LICENSE FOR REAL PROPERTY
G
A O F=
DATE OF LICENSE: LICENSE NO: 18WSWO21ON
THIS LICENSE under the authority of 40 U.S.C. §585, as delegated under 41 CFR§102-73.175, is made and entered into
this date by and between
City of Seward
whose address is:
P.O. Box 167, Seward,Alaska 99664
hereinafter called the Licensor,and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for considerations hereinafter mentioned, covenant and agree as follows;
1. License of Premises. Licensor owns Property located in Seward,Alaska, (Latitude: 60.10421 N, Longitude:-149.44221
W), ("Property") more commonly known to Licensor as City of Seward. Licensor grants to the Government permission to
continue to maintain, and operate a NWR Transmitter, shown in Exhibit"C" ("Premises")attached hereto and
incorporated herein by reference. Throughout the Term, the Government shall have the right to ingress and egress 24
hours per day and 7 days per week.
2. Term. TO HAVE AND TO HOLD the said Premises for a 20 year term that begins on October 1, 2017 and ends on
September 30, 2037,subject to the termination and other rights as may be hereinafter set forth.
3. Rent. The Government shall pay the Licensor no monetary consideration in the form of rent.
4. Termination. The Government may terminate this License at any time by giving at least 90 calendar days' notice in
writing to the Licensor, and no rent shall accrue after the effective date of termination. Said notice shall be computed
commencing with the day after the date of mailing.
5. Permitted Use. (a) The Government may use the Premises to install and maintain its instrumentation and related
equipment, cables, accessories and/or improvements (collectively, the "Equipment") in connection with the NWR
Transmitter. Further, along with the use and operation of the Government's Equipment, the Government may perform
associated installation, construction, maintenance, operation and subsequent repair(s), replacement and upgrade of
Equipment. Licensor's execution of this License will signify Licensor's acknowledgement of the Government's
Equipment and use of the Premises. (b) The Government may take appropriate means to secure the Government's
Equipment. (c) The Government has the right to maintain, modify, supplement, replace, or upgrade the Equipment at
any time during the term of this License without the consent of the Licensor.
6. Interference. (a)As disclosed by the Licensor, the Government represents and warrants that its use of the Premises
will not interfere with existing user(s)on the Property, as long as the existing user(s)operate and continue to operate
in accordance with all applicable laws and regulations. (b)After the date of this License, the Licensor will not grant a
lease, license or any other right or encumbrance to any third party for the use of the Property, if such use may in any
way adversely affect or interfere with the Equipment, operations, or the rights of the Government under this License.
(c) Licensor will not use, nor will Licensor permit its employees, lessees, licensees, invitees or agents to use, any
portion of the Property in any way which interferes with the Equipment, operations, or the rights of the Government
under this License. In the event of such interference, Licensor will cause such interference to cease within twenty-
four (24) hours after receipt of notice of interference from the Government. In the event any such interference does
not cease within the aforementioned cure period then the Government will have the right to terminate this License.
The Licensor will not be responsible for interference which is beyond the reasonable control of the Licensor, as
determined by the Government.
Page 1 of 3
70
7. Access. For the duration of this License, and at no additional cost to the Government, the Licensor is responsible for
ensuring the Government, its employees, contractors, subcontractors and licensees will have access to the Premises
at all times. The Licensor shall be responsible for securing any easement, right of entry, or other access agreement
necessary to ensure the Government's access to the Premises from a nearby public roadway. When applicable, the
Licensor will provide the Government with at least two keys or the combination or code for any security fencing.
8. Equipment. Licensor covenants and agrees that no part of the Equipment placed or affixed to the Property by the
Government will become,or be considered part of, the Premises;the Government's Equipment will remain the
Property of the Government.
9. Operations, Maintenance& Utilities. (a)The Government will keep and maintain the Government's Equipment in
good condition, reasonable wear and tear excepted; (b) Licensor will maintain, repair, and keep in good and
tenantable condition, the Premises and the access onto the Property; (c)The Licensor shall not be required to
provide the Government electricity or any other utilities for the Government's Equipment.
10. Taxes and Assessments.The Government shall not be responsible for the payment of any taxes, assessments, tax
escalations or special assessments levied on the Premises.
11. Hazardous Materials. The Licensed premises shall be free of hazardous materials according to applicable federal,
state, and local environmental laws and regulations.
12. Authority to License. Licensor covenants that Licensor's interest in the Property is sufficient to enter into this
License, and that the Government may reasonably request evidence of said interest.
13. Successors Bound. This License shall bind, and inure to the benefit of, the parties and their respective heirs,
executors, administrators, successors and assigns.
14. Claims. For the purposes of this License, the Government is considered to be self-insured. The Government agrees
to promptly consider and adjudicate any claims which may arise out of use of the Licensor's Property/Premises by the
Government or duly authorized representatives or contractors of the Government and to pay for any damage or injury
as may be required by applicable law. Such adjudication may be pursued under the Federal Tort Claims Act, 28
U.S.C. §2671 et seg., the Federal Employees' Compensation Act, 5 U.S.C. §8101 et seq., or such other legal
authority as may be pertinent.
15. Correspondence.
Correspondence to Licensor is to be sent to:
City of Seward
P. O. Box 167
Seward,AK 99664
Attn: Norm Regis, Harbormaster AMPE
Correspondence to the Government is to be sent to:
United States Department of Commerce
NOAA Real Property Management Division
Western Regional Center Building 1
7600 Sand Point Way NE Seattle,WA 98115
Attn: Contracting Officer
16. Exhibits and Attachments. The following are attached and made a part hereof:
A. Exhibit"C", Depiction of the Premises (1 Page)
17. The following were made in this License prior to its execution: None
18. This License number 18WSW0210N replaces and succeeds License number 98-ABF-686N.
Page 2 of 3
71
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
LICENSOR: City of Seward
BY
Signature Name (Print), Title, & Date
IN THE PRESENCE OF:
BY
Signature Name (Print), Title, &Date
UNITED STATES OF AMERICA
Signature
Department of Commerce Name of Contracting Officer(Print)& Date
Real Property Contracting Officer
Page 3 of 3
72
Sponsored by: Oates
bw CITY OF SEWARD,ALASKA
RESOLUTION 2007-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,APPROVING A SUPPLEMENTAL LEASE AGREEMENT WITH
THE UNITED STATES FOR CONTINUED USE OF A PORTION OF LOT 19
BLOCK 10,FOURTH OF JULY CREEK SUBDIVISION,TO BE USED FOR
A WEATHER RADIO TRANSMITTER SITE
WHEREAS,the United States has leased from the City a portion of the northeast corner of
Lot 1, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Plat 97-27,
Seward Recording District, Third Judicial District, State of Alaska; and
WHEREAS, NOAA would like to continue using the site for a weather radio transmitter
site; and
WHEREAS, it is in the public interest to provide the citizenry of the City of Seward the
accessibility to weather radio broadcasting information as a public service without charging rent;and
WHEREAS,the City Council has determined that continued use of the site by the United
States for the purposes described herein would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OF SEWARD, ALASKA that:
Section 1. The City Manager is authorized to enter into the Supplemental Lease Agreement
with the United States,in the form presented at this meeting,for the use of a portion of the northeast
corner of Lot 1,Block 10,Fourth of July Creek Subdivision, Seward Marine Industrial Center,Plat
97-27, Seward Recording District, Third Judicial District, State of Alaska.
Section 2. Following a public hearing,it is determined to be in the public interest to provide
the site for use of a weather radio transmitting site without charging rent.
Section 3. This resolution shall take effect 30 days following adoption and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of
October 2007.
THE CITY OF SEWARD,ALASKA
r••• Vanta Shafer,Mayor
73
SEWARD,ALASKA
RESOLUTION 2007-093
AYES: Dunham, Valdatta, Bardarson, Thomas, Amberg, Shafer
NOES: None
ABSENT: Schafer
ABSTAIN: None
ATTEST:
J n Lewis
Ci y Clerk, CMC
(City Seal) IWO
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Council Agenda Statement
Meeting Date: October 8,2007
Through: Philip Oates, City Manager' `
From: Scott Ransom, Harbormaster
Agenda Item: Authorizing the City Manager to enter into a
Supplemental Lease Agreement with the United
States for continuing use of land by NOAA for a
weather station
BACKGROUND &JUSTIFICATION:
The City and the United States entered into a Lease Agreement to allow a weather station on a small
piece of land owned by the City in the Seward Marine Industrial Center("SMIC"). NOAA provides
a service to the public with this weather station and the City has not charged rent for such use of its
land.
The existing Lease expired September 30,2007 and the United States is requesting a supplemental
agreement that would retroactively extend the term of the lease.
The Supplemental Lease Agreement presented today for council's approval would allow NOAA to
continue using a portion of Lot 1, Block 10, Fourth of July Creek Subdivision, Seward Marine
Industrial Center,Plat 97-27,Seward Recording District,Third Judicial District,State of Alaska,as a
weather radio transmitter site. The lease term would be extended through September 30,2017. All
other terms of the Lease remain unchanged.
CONSISTENCY CHECKLIST:
Where applicable,this resolution is consistent with the Seward City Code,Charter,Comprehensive
Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE:
The City would not receive rent, but would participate in providing a public service to residents
of Seward and others.
Approved by Finance Department J�,cr�'�4aa,ti,•vG,
0
RECOMMENDATION:
Council approves Resolution 2007- 013 authorizing the City Manager to enter into a Supplemental
Lease with the United States for continued operation of the NOAA weather facility in SMIC.
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75
Ir
' ® SLA N 0 1 DATE:
SUPPLEMENTAL LEASE AGREEMENT LEASE NO 98ABF686N
ADDRESS PREMISES Seward Marine Industriat Center RE-06 1, Seward,Alaska 99664
THIS AGREEMENT. made and entered into this date by and between: CITY OF SEWARD
j whose address is: P. O. Box 16T, Seward, Alaska 99664 li
hereinafter i,alled the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
'AlHEREA'S,, the parties hereto desire to renew the term of the, above Lease:
N(')',,V 7 HEPEFORE, these oarties for the considerations hereinafter mentioned covenant and agree that the saki Lease is amended
effective October I. 2007, as follows:
Paragraph I of the lease is amended its follows:
711e Lessor hereby leases to the Government the following described prernisesi
A parcel of land located at the northeast corner of Lot 1, Block 10, Fourth of July Creek Subdivision,
Seward Marine Industrial Center. Plat 97-27, Seward Recording District, Third Judicial District, State of
Alaska. as shown on Exhibit C, to be used for a weather radio transmitter site.
Paragraph 2 of the lease is amended as follows.
To Have and to Hold the said premises with their appurtenances for the tern) beginning on October 1. 2007 through `�
September 30, 2017. subject to termination rights as may be. hereinafter set forth.
All other terms and conditions of the lease shall remain in force and effect.
IN bVl INESS LNHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written,
III �f
Lf-.SSOR: CITY OF SEWARD
-PHILIP OAfES' CITY MANAGER
IN THE PRESENCE OF (witnessed by):
(Signature) (Address)
UNITED STATES 0 ERICii
&'
B,,: li
icia Oef e.Real Property Contracting Officer
By:
aren Broo,
76
Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION 99-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A RENEWAL OF THE LONG TERM LEASE,
AT LESS THAN FAIR MARKET VALUE,TO THE U. S. GOVERNMENT,
NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION, NATIONAL
WEATHER SERVICE, FOR A PUBLIC SERVICE WEATHER RADIO
TRANSMITTER SITE IN THE SEWARD MARINE INDUSTRIAL CENTER
WHEREAS,the City of Seward leased a parcel of land,Resolution 87-091 &Lease 87-061,
at the Seward Marine Industrial Center (SMIC) to the U.S. Government, National Oceanic
Atmospheric Administration (NOAA),National Weather Service since October 28, 1987; and
WHEREAS, the presence of a reliable public weather radio transmitter in the Seward area
is important to the safety and well being of the fishing, recreational, work and cargo boats and
vessels within the Resurrection Bay and Gulf of Alaska; and
WHEREAS, the amount of land leased is minimal and located in an otherwise unusable
location within SMIC ; and
WHEREAS, the service provided is in the public interest and thus would not require an
appraisal or rental at fair market value;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA,that:
Section 1. The City of Seward City Council authorizes the City Manager to execute a ten-
year lease renewal with U.S. Department of Commerce, NOAA for a parcel of land in the City of
Seward for the continued use as a weather radio transmitter site
Section 2. This resolution shall take effect immediately upon its adoption
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 26 day
of April, 1999.
THE CITY OF SEWARD, ALASKA
77
CITY OF SEWARD, ALASKA
RESOLUTION NO. 99-049
a
Lowell R. Satin, Mayor
AYES: Callahan, Gage, King, Orr, Shafer, Satin
NOES: None
ABSENT: Blatchford
ABSTAIN: None
ATTEST:
Patrick Reilly
City Clerk
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Delphin Street MM,
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Printed. Jun 04, 2018
NOAA LEASE SITE
Public Weather Radio Transmitter
SEWARD MARINE INDUSTRIAL CENTER
RE - 061
All that real property situated in the City of Seward, Alaska, Kenai Peninsula Borough,
State of Alaska, being more particularly described as follows:
Commencing at the northeast corner of Lot 1, Block 10, Fourth of July
Creek Subdivision Seward Marine Industrial Center PIat 97-27 Seward
Recording District, Third Judicial District, State of Alaska which is also the
point of Beginning; thence Easterly along an extension of the north line of
Lot 1, 20 feet; thence Southerly 15 feet parallel to the east boundary of Lot
1; thence Westerly 20 feet to the easterly property line of said Lot 1; thence
northerly along said easterly property line of Lot 1 to the POINT OF
BEGINNING, and containing 300 square feet more or less.
1 I 255 00'
al C I Lot I N I NO°34'13"W
2 026 AC
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37.823 S.F.OD
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RE - 061 !
Revised 9/26/98 Exhibit "C"
81