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HomeMy WebLinkAboutRes1990-062 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 90-062 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 "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 hereby authorized to execute the LEASE AND DOCK LICENSE AGREEMENT, attached and incorporated herein by reference, for the "Old Depot" building and the preferen- tial 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. Section 3. The public interest would 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 11th day of June, 1990. THE CITY OF SEWARD, ALASKA ~~~ .. ~am C. NOlI:' Mayor -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-062 AYES: NOES: ABSENT: ABSTAIN: ATTEST: NOLL, BURGESS, DUNHAM, HILTON, MEEHAN, SIEMINSKI, SIMUTIS NONE NONE NONE APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska . . (City Seal) 7-t Il/~ Fred B. Arvidson City Attorney -2- . . . MTL-47 SEWARD LEASE AND DOCK LICENSE AGREEMENT THIS AGREEMENT, made this day of by and between the CITY OF SEWARD, a municipal organized under and operating pursuant to the laws of Alaska, hereinafter referred to as the City: and ALASKA, hereinafter referred to as the State: , 1990, corporation, of the State the STATE OF 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 State requires a operations: connection with building to be ferry operations, for ferry offices the and these used NOW, THEREFORE, the parties hereby agrees as follows: 1. Property Description: 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 Privileges: The State of Alaska, Alaska Marine Highway System 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 inter- fere 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 Dock Lease Agreement, and for the right ~the State to use the Fourth Avenue Dock, shall be for one (1) year, beginning July 1, 1990, through and including June 30, 1991. This agreement may sooner terminate by either the State of 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 monthly rental for the "Old Depot" building for FOUR HUNDRED FIFTY-THREE AND NO/100 ($453.00) DOLLARS and an annual fee for preferential berthing and moorage privileges in the amount of TWENTY-EIGHT THOUSAND, TWO HUNDRED FIFTY-FOUR AND NO/100 ($28,254.00) DOLLARS. . . . 5. Dock Use and Parking: 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 road. 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. Freight Charges: 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. Equipment: 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 State at the expiration of this Agreement. 9. Other Duties of the State: 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 condi- tion 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 building 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 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: on said premises if employer's liability The City shall maintain casualty insurance it deems necessary, but shall not maintain 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 & PUBLIC FACILITIES ALASKA MARINE HIGHWAY SYSTEM CITY OF SEWARD Sherman D. Burton Customer Services Manager City Manager APPROVED AS TO FORM: ~/2/a..x... City Attorney ATTEST: City Clerk