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HomeMy WebLinkAboutRes2001-115 I I I Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 2001-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO.3 TO THE LEASE AGREEMENT AND AN AMEND- MENT NO.1 TO THE MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DRYDOCK, INe. TO EXPAND THE LEASED AREA WITHIN BLOCKS 7 AND 8, FOURTH OF JULY CREEK SUBDIVI- SION, SEWARD MARINE INDUSTRIAL CENTER, AND WITHIN A PORTION OF SORREL ROAD IN TRACT A PROPOSED TO BE VACATED AS AN ACCESS EASEMENT, SUBJECT TO CERTAIN CONDITIONS WHEREAS, Seward Ship's Drydock, Inc. submitted a proposal on July 21,2000 to lease additional land within the managed parcel of the Syncro-lift facility in the Seward Marine Industrial Center; and WHEREAS,in accordance with the City's Lease Policies and Procedures, the Planning and Zoning Commission reviewed the proposal and adopted its Resolution 2000-04, recommending City Council approval of Seward Ship's Drydock request and further recommended that the City Council examine the original multi-user concept of the Syncro-lift facility, and consider leasing Seward Ship's Drydock, Inc., additional lands within the managed parcel; and WHEREAS, the US. Department of Commerce, Economic Development Administration has approved the lease of two additional parcels ofland, contingent upon maintaining public access to the Syncro-lift Facility; and WHEREAS,Resolution 2001-090 authorized the City Manager to negotiate a potential lease and agreement terms, excluding Sorrel Road; and WHEREAS, Seward Ship's Drydock, Inc. currently leases a 5.811 acre parcel described as Lot 1, Block 7, Fourth ofJuty Creek Subdivision, Seward Marine Industrial Center, and operates the Syncro-lift facility for the City under a Maintenance and Operating Agreement with the City ("Operating Agreement"); and WHEREAS, the requested additional lease property includes portions of the unsubdivided remainder of Blocks 7 and 8, Fourth of July Creek Subdivision, Seward Marine Industrial Center (generally described as a :1::2 acre parcel east of Sorrel Road which includes the northwest 180 foot dry berth rail, and a :1::1.5 acre parcel south of Sorrel Road which Seward Ship's Drydock currently uses for parking and storage) and a portion of Sorrel Road in Tract A to be vacated as an easement; and \\PAnC$\CURREN-1\CQUNCIL\RESOLU-1\01-115-1.WPD CITY OF SEWARD, ALASKA RESOLUTION 2001-115 WHEREAS, the Premises have been identified as available for lease in the Municipal Lands Management Plan and the Seward Marine Industrial Center Development Plan; and WHEREAS, pursuant to Seward City Code ~7.05.120, the City Council may dispose of interests in real property by negotiation, public auction or sealed bid; and WHEREAS, the additional lands to be leased are now covered by the Operating Agreement, the parties recognize and agree that the Operating Agreement must necessarily be amended to be consistent with the amended lease; and WHEREAS, the parties intend the guaranty executed by James T. Pruitt cover the amended lease; and WHEREAS, except for the area currently under lease that is eligible for rent credits, the premises will be leased for fair market rental value, as periodically adjusted pursuant to Seward City Code ~7.05.160. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The recitals are hereby incorporated by reference. The City Council finds that it is in the public interest to enter into Amendment NO.3 to the Lease with Seward Ship's Drydock, Inc. to expand the leased area to include the real property described above, for the purpose of promoting economic development and expanding employment opportunities in the City through expansion of the vessel repair and construction industry and other commercial activities in the Seward Marine Industrial Center. Section 2. The City Council finds that lease of the additional premises and construction and operation thereon of a vessel repair and construction facility is in the public interest in that such operations are compatible with the public's use of the public port facilities, provide employment for the residents of the City of Seward, and promote the growth and stability of the economy of the City of Seward. Section 3. The City Council further finds that the requirements of Seward City Code 97.05.150 have been met and a new appraisal is not needed for the expanded lease area because adjacent and similarly used land was recently appraised and the lease rental rate will be periodically adjusted to fair market value pursuant to the lease terms and Seward City Code ~7.05.160. Section 4. The City Manager is hereby authorized to enter into Amendment No.3 to the Lease Agreement with Seward Ship's Drydock, Inc. with the rent for the additional land to be at fair market rental value, in substantial form as attached hereto and incorporated by reference, to record a lease memorandum to reflect such Amendment No.3, and to make such changes to the attached \\PAnC$\CURREN-1\cOUNCILIRESOLU-1\o1-,,5-1.WPD I I I CITY OF SEWARD, ALASKA RESOLUTION 2001-115 Amendment No.3 as necessary to finalize the lease amendment between the parties but without changing the substantive terms. Section 5. The Amendment No.3 to the Lease shall require Lessee to survey and replat the Premises, as shown on Exhibit A to the attached form oflease amendment, within 270 days of the effective date of the Lease Agreement No.3, to reflect the site dimensions and existing easements and the like. The plat shall be subject to approval by the City through the City Manager. Section 6. As required by Seward City Code ~16.0LOI5(B), the City Council hereby consents to the subdivision of city-owned Blocks 7 and 8 and Tract A, Fourth of July Creek Subdivision, Seward Marine Industrial Center and authorizes the City Manager to sign the final plat on behalf of the City of Seward. Section 7. The City Manager is hereby authorized to enter into Amendment No. 1 to the Operating Agreement, in substantial form as attached hereto and incorporated by reference, and to make such changes as necessary to finalize the amendment but without changing the substantive terms. The authorization in this Section is conditioned upon execution and delivery of Lease Amendment NO.3 described above. Section 8. This resolution shall take effect thirty (30) days after its adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of September, 2001. THE CITY OF SEWARD, ALASKA [e, , .0:, Lt.-I'Vt --' Edgar Blatchford, Mayor AYES: Blatchford, Branson, Calhoon, Clark, OIT, Shafer NOES: None ABSENT: Brossow ABSTAIN: None \\PATIC$\CURREN-1\COUNCIL\RESOLU-1\01-115-1.WPD en:"" of SEW A.ltD, A.LA.S}(A. IU:SOL\J'flON 2()()1~'\15 (City Seal) ,,""....., ~'.'. r: SE I" ~..... 4. O.~......~""l ~,)>~ ~ ~ ....'i-fOI:v::../'fo ..... :: (J ,~. . "'V~'::. -:. ...' "0,-:, : : ...- " ... - : :EAL.,.. . . . ... ..~ S :a:: :. ' ' - ...... __ i- '~.......,. ft.~/.,.,. I ..."'N \,~ ... "t ~ ~1ir""'\'-:' ~tfl ... Of"'v ~...<l' ..n.""'" ...--- .---~