HomeMy WebLinkAboutRes1984-064
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 84-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL OF PREFERENTIAL USE
OF A PORTION OF THE SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK
WHEREAS, THE City of Seward, Alaska, is the owner of that
portion of the Municipal Small Boat Harbor Dock described as follows:
Beginning at the northwest corner where
said dock joins and intersects the
shoreline, the TRUE POINT OF BEGINNING;
thence South for a distance of 352 feet;
thence East for a distance of 17 feet;
thence North for a distance of 352 feet;
thence West for a distance of 17 feet to
the TRUE POINT OF BEGINNING; comprising
approximately 5984 square feet;
and
WHEREAS, the City of Seward, Alaska, is the owner of that
portion of the Municipal Boat Lift Dock, located near the Small Boat
Harbor Dock, and described as follows:
Beginning at the northeast corner of the
boat lift dock where said dock joins and
intersects the shoreline, the TRUE POINT
OF BEGINNING; South along the face of the
dock approximately 212 feet to its
southernmost point; thence West along the
southern face for a distance of 17 feet;
thence North along the dock approxiamtely
212 feet to the point where the dock
intersects the shoreline; thence East 17
feet to the TRUE POINT OF BEGINNING;
comprising approxiamtely 3604 square feet.
and
WHEREAS, the City has previously granted to Seward Fisheries,
a division of Icicle Seafoods, Inc., preferential use of the portion of
the premises described above; and
WHEREAS, it is in the public interest to allow Seward
Fisheries to continue to have preferential but not exclusive use of the
docks; and
WHEREAS, preferential use of the docks has not previously been
dedicated to the public purpose; and
WHEREAS, the City Council hereby finds that it is not in the
public interest to dispose of the preferential use of the dock premises
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 84-64
by means of public sale and that it is in the public interest to negoti-
ate the disposal of preferential use by means of negotiation with Seward
Fisheries:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized and directed
to negotiate the disposal of preferential use rights to Seward Fisheries
for the portion of the Municipal Small Boat Harbor Dock and the Boat
Lift Dock described above according to the terms set forth in the
"License Agreement for Seward Municipal Small Boat Harbor Dock" attached
hereto and incorporated herein by reference.
Section 2. That the City Manager is also authorized to
execute the attached License Agreement on behalf of the City of Seward.
Section 3. This resolution takes effect thirty days from the
date of passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 25 day of June ,19 84
THE. CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSENT:
ABSTAIN:
CRIPPS, GILLESPIE, HILTON, SWARTZ, WILLIAMS, & WILSON
NONE
NONE
MEEHAN
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
%J fZf~
Fred B. Arvidson, City Attorney
(City
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LICENSE AGREEMENT FOR
SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK
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THIS AGREEMENT is made and entered into by and between the
City of Seward, Alaska, a municipal corporation, organized and existing'
under the laws of the State of Alaska, hereinafter referred to as the
"City", and Seward Fisheries, a division of Icicle Seafoods, Inc.,
hereinafter called "Licensee";
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(1) Premises. The City hereby grants to the Licensee a
license to occupy and use, subject to all of the terms and conditions
heretnafter stated, the following-described premises:
(a) That portion of the Municipal Small Boat Harbor Dock
located on the northwesterly shore of Resurrection Bay within
the boundaries of the C~ty of Seward, described as follows:
Beginning at the northwest corner
where said dock joins and intersects the
shoreline, the TRUE POINT OF BEGINNING;
thence South for a distance of 352 feet;
thence East for a distance of 17 feet;
thence North for a distance of 352 feet;
thence West for a distance of 17 feet to
the TRUE POINT OF BEGINNING; comprising
approximately 5984 square feet.
(b) That portion of the Municipal Boat Lift Dock located
near the municipal small boat dock described as follows:
Beginning at the northeast corner of
the boat lift dock where said dock joins
and intersects the shoreline, the TRUE
POINT OF BEGINNING; South along the face
of the dock approximately 212 feet to its
southernmost point; thence West along the
southern face for a distance of 17 feet;
thence North along the dock apprOXimately
212 feet to the point where the dock
intersects the shoreline; thence East 17
feet to the TRUE POINT OF BEGINNING;
comprising approximately 3604 square feet.
(2) Use. The premises may be occupied and used by the
Licensee solely for the unloading and processing of fish and other
seafood. Licensee shall be entitled to install ice machines, hoists and
grading tables on the dock to be utilized in the unloading and process-
ing of fish, and for any other incidental purposes or use in connection
with the Licensee's business. The use of the dock granted to the
Licensee is preferential and not exclusive.
(3) Term. The term of this License begins on July 1, 1984,
and terminates June 30, 1987.
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(4) Installations. All installations placed upon the
above-described portion of the Municipal Small Boat Harbor Dock and the
Boat Lift Dock shall be and remain the property of the Licensee and may
be removed therefrom by the Licensee at any time. The construc.tion,
operation, maintenance and removal of all installations shall be accom-
plished by the Licensee at its sole cost and expense and in such a
manner as will at all times enable the City and members of the general
public and those otherwise entitled to the use of the Municipal Small
Boat Harbor Dock and the Boat Lift Dock to use the surface of the
remaining portion of the dock area.
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(5) Liability and Indemnity. The City shall not be liable
for damages ,to property or injuries to persons, including death, arising
from the construction, operation, maintenance, removal or activity of
the Licensee, its principals, officers, employers, employees, associ-
ates, agents, representatives, successors, heirs or assigns, licensees
or invitees, and the Licensee does hereby agree to protect, defend, save
harmless and indemnify the City, its officials employees and authorized
representatives, against any loss, cost, damage, expense, judgment or
liability of any kind whatsoever, from or by reason or on account or as
a result of the activity of the Licensee.
(6) Liability Insurance. Lessee, during the Lease Term,
shall carry at its expense public liability insurance covering the
Leased property in an amount o~ not less than $200,000.00 for inju~, or
death to anyone person and $500,000.00 for injury and/or death to any
number of persons in anyone accident, and $100,000.00 for property
damage or destruction. The minimum requirements in this section may be
increased from time to time by the City in accordance with customs and
usage for comparable property in the Seward metropolitan area.
(7) Additional Named Insured; Rights of Mortgagees (Lenders;
Waiver of Subrogation. All insurance policies required to be maintained
by Lessee shall name Lessee and the City as the insureds, as their
respective interests may appear. All policies shall contain an agree-
ment by the insurers that such policies shall contain an agreement by
the insurers that such policies shall not be cancelled without at least
thirty days' prior written notice to the City, and certificates or
copies of all such insurance policies shall be furnished to the City
promptly after the issuance thereof.
(8) Removal of. Improvements. The Licensee hereby covenants
and agrees that on or before the termination of this License, it will
remove said installation and other appurtenances connected therewith
from the premises of the city and restore the premises to the condition
existing at the time of entering upon the same under this License,
reasonable wear and tear and damage by the elements or by circumstances
over which the Licensee has no control expected.
(9) Repairs and Maintenance. The cost of general routine
maintenance and repair of any damage to the above-described leased
premises occurring during the term of this License shall be paid by the
Licensee.
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'(10) Report of Work Performed.
City annually, by January 1st, a written
nance and repair work accomplished on the
of that work.
Licensee will provide to. the
report outlining the mainte-
leased premises and the cost
document
this
IN WITNESS WHEREOF,
by and through
day of
the parties
their duly
, 1984.
hereto have
authorized'
executed this
officials on
CITY OF SEWARD, ALASKA
RONALD A. GARZINI
City Manager
ATTEST:
LINDA S. MURPHY
I City Clerk
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SEWARD FISHERIES
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
C;..df?J~
FRED A. ARVIDSON
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of
1984, before me, the undersigned, a Notary Public in and for the State
of Alaska, duly commissioned and sworn as such, personally appeared
RONALD A. GARZINI, 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
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instrument was executed by him 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 corpo-
ration to execute the foregoing instrument, and fhat the seal affixed
hereto is the corporate seal of said municipality.
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:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of
1984, 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 of SEWARD FISHERIES, and
acknowledged to me that the foregoing instrument was executed by him in
his official corporate capacity, and that he executed the same pursuant
to the authorization of said corporation; that the same, was executed as
the free and voluntary act and deed of the corporation to execute the
foregoing instrument for uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by
Notarial Seal the day and year hereinabove written.
Notary Public in and for Alaska
My Commission Expires: