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HomeMy WebLinkAboutRes1989-149 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 89-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE FOURTH AVENUE DOCK BY THE STATE OF ALASKA MARINE HIGHWAY SYSTEM WHEREAS, the homeporting of the M/V TUSTUMENA in Seward is important to the community~ and WHEREAS, preferential use of the Fourth Avenue Dock and lease of the "old depot" building are essential to the effective operation of the Alaska Marine Highway system in Seward~ and WHEREAS, the city of Seward as owner of the Fourth Avenue Dock and the "Old Depot" building has for many years made these facilities available for the operation of the Alaska Marine Highway System in Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: section 1. The city manager is authorized to execute the Lease and Dock License Agreement, attached and incorporated herein by reference, for the "old depot" building and the preferential use of the Fourth Avenue Dock by the Alaska Marine Highway system. section 2. The disposition of such preferential dock use and building lease by negotiated agreement is in the public interest~ and section 3. The public interest would best be served by waiving an appraisal of the property in accordance with section 7.05.130 of the City Code. section 4. This resolution shall take effect thirty (30) days following adoption and posting as required by law. PASSED AND APPROVED by the city Council of the city of Seward, Alaska, this 27th day of November, 1989. THE CITY OF SEWARD, ALASKA (~~ W~ iam C. Noll, Mayor -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 89-149 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Burgess, Dunham, Hilton, Meehan, Noll, Sieminski Simutis None APPROVED AS TO FORM: Perkins Coie, Attorneys for the City of Seward, Alaska ~~~ Patricia Jones Acting City Clerk ~N~ Fred B. Arvidson City Attorney (City Seal) -2- . . . MTL - 46 (AKHS) / RE-01S (CITY) LEASE AND DOCK LICENSE AGREEMENT THIS AGREEMENT, made this day of , 1989, by and between the CITY OF SEWARD, a municipal corporation, organized under and operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "CITY", and the STATE OF ALASKA, hereinafter referred to as the "S'1'A'1'E"~ WHEREAS, the parties intend that the State of Alaska, Alaska Marine Highway System, be given certain preferential rights in exchange for moorage fees paid by the State; and WHEREAS, in connection with these ferry operations, the State requires a building to be used for ferry offices and operations; NOW, THEREFORE, the parties hereby agree as follows: 1. ProDerty DescriDtion: The City leases to the State that structure commonly known as the "Old Depot" building located at 501 Railway Avenue, and preferential berthing rights at the Fourth Avenue Dock, both shown on the uncertified plat titled " City of Seward Waterfront Tracts," dated September 1, 1969, and are leased subject to all prior easements, conveyances and restrictions of record. 2. Preferential privileoes: The State of Alaska, Alaska Marine Highway Syutem, shall have first priority to berth its ferry vessels at the City of Seward Fourth Avenue Dock. Other vessels using the dock or any portion thereof which would interfere in any way with the arrival or departure of the State ferries will be removed immediately upon arrival of the ferry. Any other activities on the dock which will interfere with these preferential berthing privileges shall immediately cease upon arrival of the ferry. 3. Term: The term of the Lease and Dock License Agreement and the right of the State to use the Fourth Avenue Dock, shall be for one (1) year, beginning July 1, 1989, through and including June 30, 1990. This agreement may be terminated earlier by either the State or City upon ninety (90) days written notice. 4. Fee: The total annual fee to be paid by the State to the City shall be THIRTY-THREE THOUSAND, SIX HUNDRED NINETY AND NO/I00 ($33,690.00) DOLLARS, which consists of a monthly rental amount for the "Old Depot" building of FOUR HUNDRED FIFTY-THREE AND NO/I00 Lease and Dock License Agreement state of Alaska - AMHS Page 1 . . . ($453.00) and an annual fee for preferential berthing and moorage privileges in the amount of TWENTY-EIGHT THOUSAND, TWO HUNDRED FIFTY-FOUR and NO/I00 ($28,254.00) DOLLARS. 5. Dock Use and Parkinq: The City shall grant to the State the right to utilize the dock as may be required for all loading and unloading operations. The City shall provide snow removal from automobile parking areas and the access to the dock. 6. Dock Maintenance: The State of Alaska, Department of Transportation and Public Facilities, will repair any damage to the dock which is attributable to the ferry operations, but will not be held responsible for damages caused by others. 7. Freiqht Charqes: The State will not be required to pay to the City any fee for vehicles, cargo or passengers moving across the dock to and from the State ferries. 8. EquiDment: All equipment of whatsoever nature as shall be installed by the State shall continue to be property of the State and may be removed by the State at the expiration of this Agreement. 9. Other Duties of the Citv: The State shall: (a) use and occupy the building and dock in a careful and proper manner and for lawful purposes only; (b) not assign this Agreement, nor sublease the premises, nor any part hereof, without the written consent of the City, provided, however, such consent shall not be unreasonably withheld. (c) provide routine minor maintenance and leave the premises, at termination of this Agreement, in reasonable condition less normal wear and tear; (d) permit the City to enter upon the premises at all reasonable times to examine their condition; (e) provide utilities, including fuel oil, electricity and water, both to the depot and the M/V TUSTUMENA; (f) provide necessary janitorial services and supplies for the space it occupies; (g) save the City harmless and indemnify it against any loss, damage, claims or liability resulting from (1) any acts or omissions of the State, its agents or employees; or (2) arising out Lease and Dock License Agreement state of Alaska - AHHS Page 2 . . . of or from the State occupancy of the building or the dock or operations connected thereto, except for losses caused by the City's own negligence; (h) not alter the exterior appearance of the depot building without written consent of the City, but may post signs identifying the building as a ferry ticket office or terminal. 10. Insurance: The City shall maintain casualty insurance on said premises if it deems necessary, but shall not maintain employer's liability insurance on State-owned contents. IN WITNESS WHEREOF, the parties hereto have executed this document by their duly authorized officials. STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ALASKA MARINE HIGHWAY SYSTEM CITY OF SEWARD, ALASKA SHERMAN D. BURTON CUSTOMER SERVICES MANAGER DARRYL SCHAEFERMEYER CITY MANAGER ATTEST: APPROVED AS TO FORM: PERKINS COlE, Attorneys for the City of Seward PATSY JONES ACTING CITY CLERK FRED B. ARVIDSON CITY ATTORNEY Lease and Dock License Agreement state of Alaska - AMBS Page 3 . . . STATE OF ALASKA )ss. JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 1989, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared , known to me and to me known to be the individual named in and who executed the foregoing document, and he acknowledged to me that he signed and sealed the same as his free and voluntary act for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: Lease and Dock License Agreement state of Alaska - AMHS Page 4