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Home My WebLink AboutRes1980-050 r 10/15/80 JES : j es CITY OF SEWARD, ALASKA RESOLUTION NO. 80- 50 A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE OF A PARCEL OF CITY-OWNED LAND IN THE SMALL BOAT HARBOR AREA FOR THE U.S. COAST GUARD BOAT DISPATCH BUILDING WHEREAS, the City of Seward is the owner of a parcel of land located in the Small Boat Harbor area on which is located the U.S. Coast Guard boat dispatch building, more particularly described as follows: 7500 square feet of land located in Section 3, Township 1 South, Range 1 West, Seward Meridian, Alaska, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof; and WHEREAS, the Seward City Council hereby finds that the subject parcel has not been dedicated to any other public use; and WHEREAS, the City Council further finds that it is not in the pub lie interest to dispose of the parcel by means of a public sale; and WHEREAS, the City Council further finds that it is in the public interest to dispose of such use by means of a lease with the U.S. Coast Guard: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that the City Manager is hereby authorized to execute the land lease between the City of Seward and the U.S. Coast Guard, NO. DOT-CG17-50l5-flp-l, a copy of which is attached hereto and incorporated herein by reference. This resolution becomes effective 30 days following passage and ?osting. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of October , 1980. CITY OF SEWARD, ALASKA -&d211) dA Mayor f AYES: NOES: ABSENT: CAMPBELL, CRIPPS, GILLESPIE, HUGLI, SORIANO AND VINCENT NONE SHARTZ ATTEST: APPROVED AS TO FORM: qflYu~ JoAnne E. Shanley City Clerk (City Seal) Jk (I , L- ' nlt-I.J/ ! Ranald H. Jarrell Attorney for the City of Seward r" Lease r-, DOT-CG17-5015-flp-l LAND LEASE BETWEEN RECEIVED CITY OF SEWARD and "i '8 <) q .'....., ,td J 1,,1 V !~t~,J THE UNITED STATES OF AMERICA (United States Coast Guard) CITY OF SEWARD c:rrr MANAGER 1. THIS LEASE, made and entered into this first day of October in the year one thousand nine hundred and eighty by and between the City of Seward whose address is P. O. Box 337, Seward, Alaska 99664 and whose interest in the property hereinafter descr ibed is that of owner for itself, its successors, and assigns, hereinafter called Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government. WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following described premises, viz: 7500 square feet of land located in Section 3, Township 1 South, Range 1 West, Seward Meridian, Alaska, as described in Exhibit "A" and shown in red on Exhibit "B" attached hereto and made a part hereof. 3. TO HAVE AND TO HOLD the said premises for the term beginning 1 October 1980 through 30 September 1981, provided that unless and until the Government shall give notice of termination in accordance with provision 6 hereof, this lease shall remain in force thereafter from year to year without further notice~ provided further that adequate appropriations are available from year to year for the payment of rentals. In no event, however, shall this lease extend beyond September 30, 1984. 4. The Government shall pay the Lessor rent at the following rate: One Thousand Five Hundred Dollars ($1,500.00) per annum. payment shall be Seventeenth Coast 99802. made G ua rd at the end District, of each P. O. Box year by 3-5000, the Commander, Juneau, Alaska 5. The Government shall have the right, during the existence of this lease to attach fixtures, and erect structures or signs, in or upon the premises hereby leased, which fixtures and structures, or signs, so placed in, upon or attached to the said premises shall be and remain the property of the Government. 6. The Government may terminate this lease at any time by giving thirty (30) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. -1- r-' 7. Any notice under t terms of this lease shal be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Government shall be addressed to the Lessor at P. O. Box 337, Seward, Alaska 99664, and if given by the Lessor shall be addressed to Commander, Seventeenth Coast Guard District, P. O. Box 3-5000, Juneau, Alaska 99802. 8. The Lessor warrants that no person or sell ing agency has been employed or retained to solicity or secure this lease upon an agreement or understanding for a commission, percentage or brokerage, or contingent fee, excepting bona fide employees or bona fide establ ished commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. 9. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. l0. (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of Transportation or his duly authorized representative, that gratuities (in the form of entertain- ment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government wi th a view toward secur ing a lease or secur ing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such lease~ provided, that the existence of facts upon which the Secretary of Transportation or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be enti tled (i) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of Transportation or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee. (c) The clause shall and remed ies rights and remed ies of the not be exclusive and are in provided by law or under this Government provided in this add i tion to any other rights lease. -2- r (d) The Lessor ag es that the Comptroller neral of the united States or any of his Quly authorized representatives shall, until the expiration of three (3) years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. WITNESS my hand on this day of , 19 CITY OF SEWARD By Ti tle Date WITNESS my hand on this day of , 19 UNITED STATES COAST GUARD By Title Date -3- 1--- LEGAL DESCRIPTION U. S. Coast Guard Lease,Lot VlC. _'.' Seward Small Boat Basin Seward, Alaska A tract of land located in Section 3, Township 1 South, Range 1 West, Seward Merjdian, Alaska, and more particularly described as follows: Commencing at the brass cap monument located at the inter- section of the centerlines of Fourth Avenue and North Access Road; thence North 0000'15" West a distance of 10.00 feet; thence North 89059'45" East a distance ot 33.00 feet to the true point of beginning; thence North 89 59'45" East a distance of 100.00 feet; thence South 0000'15" East a distance of 75.00 feet~ thence South 89059'45" West a distance of 100.00 feet; thence North 0000'15" West a distance of 75.00 feet to the true point of beginning. Said tract contains 7,500 square feet more or less. !.=XHI6/T A- r ---..,J...I::,:....-.. .1 ....,.....-.- , ~ . ~..,' "L~""~' .,,-:--. ,.".,.-:'\' 'oi",,- '"--<' - .' - ..:.....,_.~-4,..,......w ~: "\.......".' ...~~.~ ....~"JIlo... ,,' .,..v.~~.-'" :"',.,.-~.... ..... -.. ....... 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