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HomeMy WebLinkAboutRes1985-066 . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 85-66 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 City of Seward is the owner of the Fourth Avenue Dock and the building adjacent thereto, known as the "Old Depot" building; and WHEREAS, a grant by the City of Seward of preferential use of the Fourth Avenue Dock is hereby found to be essential to the effective operation in Seward by the State of Alaska Marine Highway System; and WHEREAS, the City Council presently finds that use by the State of Alaska Marine Highway System of the "Old Depot" building is a necessary and proper accommodation of the ferry system in order to promote its continued servicing of the City of Seward; and WHEREAS, the City Council finds that the Fourth Avenue Dock and the "Old Depot" building have not previously been dedicated to any other public use; and WHEREAS, the City Council finds that the disposition of the use of the Dock and the "Old Depot" building by public bid is not in the public interest; 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 negotiate the disposition of the preferential use of the Fourth Avenue Dock and the "Old Depot" building by lease to the State of Alaska Marine Highway System. Section 2. The terms of the Lease and Dock License Agreement shall conform to those set forth in the Agreement and attached hereto and incorporated herein by reference. Section 3. This resolution shall take effect thirty (30) days following its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 10 day of June , 19 85 -1- . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 85-66 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ( -- - ./' ~ - / ~t-I&:{i/- L ~/~11 DONALD W. CRIPPS, MAYOR CRIPPS, GILLESPIE, HILTON, MEEHAN, SCHOLL, SIMUTIS & WILLIAMS NONE NONE NONE APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, At torneys for the City of Seward, Alaska (City D;f/'dl flI ~ Fred B. Arvidson, City Attorney -2- . . . RESOLUTION NO.8. ATTACHMENT "A" . LEASE AND DOCK LICENSE AGREEMENT THIS AGREEMENT, made this day of , 1985, 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 "State", WHEREAS, the parties intend that the State of Alaska Marine Highway Sys'tem 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. Property Description: The City leases to the State that structure commonly known as the "Old Depot" building and adjacent land located at the foot of Fourth Avenue, City of Seward, and defined as City Park (Dock) on the uncertified plat titled "City of Seward Water- front Tracts" dated September 1, 1969, subj ect to all prior easements, coveyances and restrictions of record. 2. Preferential Privileges: The State of 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 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 Dock License Agreement, and the right of the State to use the Fourth Avenue Dock, shall be for one (1) year, beginning July 1, 1985, through and including June 30, 1986. This Agreement may sooner terminate by either the City or State upon ninety (90) days' written notice. The term of the Lease for the "Old Depot" Building shall be month-to-month not-to-exceed June 30, 1986. 4. Fee: The annual fee to be paid by the State to the City shall be Twenty-Eight Thousand Two Hundred Fifty-Four Dollars ($28,254) for preferential berthing and moorage privileges of the Fourth Avenue Dock. The monthly fee for the "Old Depot" building shall be Four Hundred Fifty-Three Dollars ($453), payable on or before the first day of each month. 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 automo- bile parking areas and the access to the dock. 6. Dock Maintenance: The State of Alaska Department of Transportation will repair any damage to the dock which is attributable LEASE & DOCK LJliNSE AGREEMENT Page 2 _ . RESOLUTION NO. 85-66 . 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 the State upon 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, not sublease the prem- ises, nor any part hereof, without the written consent of the Ci ty; 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; and water; (e) provide utilities, including fuel oil, electricity (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 negli- gence; (h) shall not alter the exterior appearance of the premises without written consent of the CIty, but may post signs identi- fying the building as a ferry ticket office or terminal. d (10) Insurance: The City shall maintain casualty insurance lion said premises if it deems necessary but shall not maintain such insurance on State-owned contents. . . IN WITNESS WHEREOF, the parties hereto have executed this document by their duly authorized officials. LEASE & DOCK L~NSE AGREEMENT Page 3 . ~ESOLUTION NO. 85-66 . STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CITY OF SEWARD, ALASKA JOE D. CAMP DEPUTY COMMISSIONER RONALD A. GARZINI CITY MANAGER APPROVED AS TO FORM: ATTEST: HUGHES, THORSNESS, GANTZ, & BURNDIN Attorneys for the City of POWELL, Seward 7~A(l/~ Fred B. Arvidson Linda S. Murphy City Clerk . STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 1985, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared known to me and to me known to be the City Manager of the City of Seward, Alaska, and acknowledged to me that the foregoing instrument was executed by them in his official corporate municipal capacity, and that he executed the same pursuant to the authorization of the City Council of the City of Seward, Alaska; that the same was executed as the free and voluntary act and deed of the municipal corporate seal of said municipality. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for Alaska My Commission Expires: . . . . I LEASE & DOCK L~SE AGREEMENT Page 4 R~UTION NO. 85-66 STATE OF ALASKA ) ) ss. FIRST JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the 1985, before me, the undersigned, a Notary of Alaska, duly commissioned and sworn as day of Public in and for the State such, personally appeared known to me and to me known to be the Commissioner of Transportation and Public Facilities for the State of Alaska, and acknowledge to me that the foregoing instrument was executed by him in his official govern- mental capacity, and that he executed the same pursuant to the au- thorization of the State of Alaska; that the same was executed as the free and voluntary act and deed of the State of Alaska for the uses and purposes therein mentioned, and that the seal affixed hereto is the corporate seal of the State of Alaska. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for Alaska My Commission Expires: