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HomeMy WebLinkAboutRes1983-044 J . . . e e 07/12/83 KTM:ktm CITY OF SEWARD, ALASKA RESOLUTION NO. 83-44 A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE FOURTH AVENUE DOCK BY THE ALASKA STATE FERRY SYSTEM WHEREAS, the City of Seward is the owner of the 4th Avenue Dock and the building adjacent thereto known at the "Old Depot" Building; and WHEREAS, a grant by the City of Seward of preferential use of the 4th Avenue Dock is hereby found to be essential to the effective operation in Seward by the Alaska Ferry System; and WHEREAS, the City Council hereby further finds that use by the Alaska Ferry System of the "Old Depot" Building is a necessary and proper accommodation of the ferry system in order to promote its con- tinued servicing of the City of Seward; and WHEREAS, the City Council hereby further finds that the 4th Avenue Dock and the "Old Depot" Building have not previously been dedicated to any other public use; and WHEREAS, the City Council hereby further finds that the disposi- tion of the use of the Dock and the "Old Depot" Building by public sale is not in the public interest, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section I, The City Manager is hereby authorized to negotiate the dispostion of the preferential use of the 4th Avenue Dock and the "Old Depot" Building by lease to the Alaska State Ferry System. Section 2, That the terms of the "Lease and Dock License Agreement" shall conform to those set forth in the agreement attached hereto and incorporated herein by reference, Section 3, This resolution shall take effect August 25, 1983, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25 day of July , 1983, CITY OF SEWARD, ALASKA City of Seward, Alaska Resolution No, Page 2 ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City os Seward, Alaska Linda S, Murphy, City Clerk Fred B. Arvidson, City Attorney (City Seal) e e Reso 1 ut i on No, 83-44 Page Two . AYES: NOES: ABSENT: Burgess, Cripps, Gillespie, Meehan and Swartz None O'Brien and Wilson ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN Attorneys for the City of Seward, Alaska (City Seal) 7~af~ Fred Arvidson . . . . 07/11/83 KTM:ktm ~j ~ ~~ J i I j ~; ~ j " ,~ ;. '.; LEASE AND DOCK LICENSE AGREEMENT THIS AGREEMENT, made this _day of , 1983, by and between the CITY OF SEWARD, a municipal corporation, organized under and operating pursuant co 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 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. Property Description: The City leases to the State that struc- ture commonly known as the "old Depot" building and adjacent. land locat.ed at the foot of Fourth Avenue, City of Seward, and defined as City Park (Dock) on the uncertified plat titled "City of Seward Waterfront Tracts" dated September 1, 1969, subject to all prior easements, conveyances and restrictions of re- cord_ 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 acitivltes 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 and occupy these premises, shall be for one (1) year, beginning July 1, 1983, through and including June 30, 1984. This Agreement may sooner terminate by either the City or State upon ninety (90) I: days I written notice. 4. Fee: The total annual fee to be paid by the State to the City shall be Thirty-Two Thousand Eighty-one Dollars ($32,081) which consists of monthly rental for t.he "old depot II building of Four Hundred Thirty-One Dollars ($431) and an annual fee for preferential berthing and moorage privileges in the amount of Twenty-Six Thousand Nine Hundred and Nine Dollars ($26,909). i: 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 dock_ 6. tation will : operations, Dock Maintenance~ The State of Alaska Department of Transpor- repair any damage to the dock which is attributable to the ferry but will not be held responsible for damages caused by others. , ;! II 7. Freight Charges: The State will not be required to pay to the I: City any fee for vehicles, cargo or passengers moving across the dock to 1\ and from the State ferries. ,\ 8. Equipment: All equipment of whatsoever nature as shall be in- 1'1 stalled by the State shall continue to be property of the State and may be I removed by the State upon the expiration of this Agreement. I: I: " Page One of Three LEASE AND DOCK LICENSE AGREEMENT (Cont'd) 9. Other Duties of the State: The State shall: ~ ~: J (j (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 premises, nor any part hereof, without the written consent of the City; provided, however, such consent shall not be unreasonably withheld; (c) at termination of and tear; provide routine minor maintenance and leave the premises this Agreement in reasonable condition less normal wear '1 {I Cd) permit the City to enter upon the premises at all reason- able times to examine their condition; ~ ;i (e) provide utilities, including fuel oil and electricity (the City shall furnish water); (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 oc- cupancy of the building or the dock or operations connected thereto, except for losses caused by the City's own negligence; . (h) shall not alter the exterior appearance of the premises without written consent of the City, but may post isgns identifying the building as a ferry ticket office or terminal. "i; 10. I premises if State-owned Insurance: The City shall maintain casualty insurance on said it deems necessary but shall not maintain such insurance on 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 CITY OF SEWARD, ALASKA ~~~ COMMISSIONER ~~ RONALD A. GARZ IN CITY MANAGER ; i " ~ APPROVED AS TO FORM: ATTEST: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward ~, 7~ (]/~-L-. Fred B. Arvidson . (City Seal) Page Two of Three , II '1 ~ 'i jl ~j ~ 1 i.~ " , . ::- ~ ,~ " " G LEASE AND DOCK LICENSE AGREEMENT, (Contld) STATE OF ALASKA THIRD JUDICIAL DISTRICT)ss THIS IS TO CERTIFY that on before me, the undersigned, a Notary duly commissioned and sworn as such, the ~ ;! day o~~ Public in and for the Sate personally appeared , 1983, Alaska, Qu uAL-"b A. (,At'L 2.. I /.J I known to me and to me known to be the City Manager aA~ 8:~J ~lcLk ca8~ LivelYI of the City of Seward, Alaska, and acknowledged to me that the foregoing instrument was executed by them in their official corporate municipal capacity, and that they executed the same pursuant to the authori- zation 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 corporation to executed the foregoing instrument, and that 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. STATE OF ALASKA )ss FIRST JUDICIAL DISTRICT) THIS IS TO CERTIFY that on the day of before me, the undersigned, a Notary Public in and for the State duly commissioned and sworn as such, personally appeared , 1983, of Alaska, I! known to me and to me known to be the Commissioner of Transporta- tion and Public Facilities for the State of Alaska, and ackowledge to me that the foregoing instrument was executed by him in his official governmental capacity, and that he executed the same pursuant to the authorization 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: " V I I!IlpInIIIIdnIPl 0I0ImIIIr 11, _ Page Three of Three " "