Loading...
HomeMy WebLinkAboutRes2006-091 Sponsored by: Corbridge II... CITY OF SEWARD, ALASKA RESOLUTION 2006-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AND OPERATING AGREEMENT WITH THE CHUGACH REGIONAL RESOURCES COMMISSION AND TERMINATING THE OPERATING AGREEMENT WITH THE QUTEKCAKNATIVE TRIBE FOR OPERATING AND MAINTAINING THE SEWARD MARICULTURE RESEARCH CENTER AND SHELLFISH HATCHERY ON THE SITE DESCRIBED AS TRACT lB, WATERFRONT TRACTS SUBDIVISION, MARICULTURE ADDITION, ACCORDING TO PLAT 97-18, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, EXCEPTING THE PEDESTRIAN PATHWAY WHEREAS, the City is the owner of real property ("Property") located in the City of Seward, Alaska; and ..... WHEREAS, the City, as Lessor, leased the Property to the University of Alaska (the "University") as Lessee from July 1,1970 through June 30, 2069, under the conditions ofthat Lease Agreement dated March 7,1991, recorded April 8, 1991, at Book 60, Page 776 in the Records of the Seward Recording District, State of Alaska, as amended (the "University Lease"); and WHEREAS, the University uses a portion of the Property for the University of Alaska, Fairbanks School of Fisheries and Ocean Sciences, Institute of Marine Science, Seward Marine Center ("Seward Marine Center"); and WHEREAS, under a certain sublease dated October 2, 1995, the University subleased a portion ofthe Property (the "Site" as defined in the heading above) to the Alaska Department ofFish and Game to construct, operate and maintain a Mariculture Production Facility ("MPF") and Mariculture Technical Center ("MTC"); and WHEREAS, the purpose of the MPF is to produce seed stocks for Alaska aquatic farms and the purpose of the MTC is to focus on mariculture research in Seward; and WHEREAS, the Alaska Department of Fish and Game, the City of Seward, and Qutekcak Native Tribe ("CRCC") entered into mutual agreements in December 1997 for the operation of the MPF and to cover maintenance costs at the MTC while producing high quality spat and aquatic plant seed stock for the Alaska mariculture industry; and WHEREAS, QNT began operating the Facility in1997; and - CITY OF SEWARD, ALASKA RESOLUTION 2006-91 j ...,J WHEREAS, in May 2003 the improvements were conveyed to the City, the Alaska Department ofFish and Game terminated its sublease with the University and its agreement with the City, and the City entered into a new sublease with the University and agreement with QNT for operating the facility; and WHEREAS, in December 2004 QNT, with the consent of the City, assigned its rights to operate the facility to CRRC on a temporary basis and the parties now desire to release QNT; and WHEREAS, the City has determined that entering into the Lease and Operating Agreement with CRRC, in substantially the form presented at this meeting, is in the public interest and will serve a public purpose by continuing to assist shellfish research and development of the shellfish farming industry and promoting jobs and economic development locally; and WHEREAS, the City has determined that the facility complements the adjacent SeaLife Center and Seward Marine Center by providing additional research and educational opportunities in Seward; and WHEREAS, a public hearing meeting the requirements of Seward City Code ~7.05.125 was held on August 28, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY .... OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to enter into a lease and operating agreement with CRRC in substantially the form as presented at this meeting to lease, operate and maintain the Seward Mariculture Research Center and Shellfish Hatchery, and to concurrently terminate the operating agreement with QNT. Section 2. The recitals above are incorporated herein by reference. Section 3. This resolution shall take effect 30 days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of August, 2006. THE CITY OF SEWARD, ALASKA I~Jiv 1JtfV1~ Vanta Shafer, May&r ft A ..... CITY OF SEWARD, ALASKA RESOLUTION 2006-91 '- AYES: NOES: ABSENT: ABSTAIN: Dunham, Valdatta, Lorenz, Schafer, Thomas, Bardarson, Schafer None None None ATTEST: ","'',,,,,, ~,,,,\ O~ 81211/"'- ~.. ~~ ........ :..t......", ~ c} "'o~O~:"..""".o ~ $...:;; . ~~.... ~ .. :.... -.- a. ': : : SEAT : : .. 0 : . t1....LI ..- :: ..~ ::: : \ -.- ! : ~ -,t,'.; fl," ~ ':;. t\'l;';"~~l! 1 ,,~~..,~~ $ "" "1/'.t:::- .....1... r::...ca ," ##,.... OF p..'.J",\"" t""IIII&\'" (City Seal) ..... ..... COUNCIL AGENDA STATEMENT Meeting Date: August 28, 2006 Through: Clark Corbridge, City Manager From: Kirsten Vesel, Assistant City Manager Agenda Item: Authorizing the City Manager to enter into a Lease and Operating Agreement with the Chugach Regional Resources Commission, and terminating the Operating Agreement with Qutekcak Native Tribe for the Seward Mariculture Research Center and Shellfish Hatchery. BACKGROUND & JUSTIFICATION: The City and Qutekcak Native Tribe, a nonprofit organization, (“QNT”) entered into an agreement in December 1997 for operation of the Mariculture Production Facility and to cover maintenance costs at the Mariculture Technical Center while producing high quality spat and aquatic plant seed stocks for the Alaska Mariculture Industry. The current agreement with QNT has been in place since May 28, 2003, and has been assigned to the Chugach Regional Resources Commission (“CRRC”) since December 2004. The assignment from QNT to CRRC did not release QNT. QNT seeks to be released from its obligations. Concurrently, CRRC seeks its own agreement with the City to lease and operate the facility. The substantial terms and conditions remain the same, except that the new agreement is in the form of a lease and operating agreement (rather than an operating agreement) and the amount of the bond or surety to be maintained by CRRC is amended to $40,000. The administration reviewed the anticipated costs needed to “mothball” the facility for a period of time, and recommends accepting the new amount. On the effective date of the agreement with CRRC, the City and QNT would terminate the existing operating agreement. The latest extension of the assignment between the parties, approved by council on March 28, 2006, anticipated this arrangement. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: No financial impacts are anticipated. No rent would be received by the City. Approved by Finance Department RECOMMENDATION: Council approves Resolution 2006- _____ authorizing the City Manager to terminate the Operating Agreement with QNT and enter into a Lease and Operating Agreement with CRRC for the City’s shellfish hatchery site.