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HomeMy WebLinkAboutRes2005-055 Sponsored by: Corbridge ... CITY OF SEWARD, ALASKA RESOLUTION 2005-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A SUPPLEMENTAL AGREEMENT AMENDING A LONG TERM LEASE BY DELETING PARAGRAPHS 5, 6 AND 7 AND REPLACING WITH NOAA CLAUSE 7, AT LESS THAN FAIR MARKET VALUE, TO THE U.S. GOVERNMENT NOAA NATIONAL WEATHER SERVICE FOR A PUBLIC SERVICE WEATHER RADIO TRANSMITTER SITE IN THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, the City of Seward currently leases a parcel ofland, Resolution 87-091 & Lease 87-061, at the Seward Marine Industrial Center (SMIC) to the U.S. Government, National Oceanic Atmospheric Administration (NOAA), National Weather Service since December 11, 1998 Gratuitous Agreement No. F-85-ABF-212; and WHEREAS, the presence of a reliable public weather radio transmitter in the Seward area is important to the safety and well-being of the fishing, recreational, work and cargo boats and vessels within Resurrection Bay and Gulf of Alaska; and ..... WHEREAS, the amount of land leased is minimal and located in an otherwise unusable location within SMIC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City of Seward City Council authorizes the city manager, attested by the city clerk, to amend a lease with the U.S. Department of Commerce, NOAA for a parcel ofland in the City of Seward for continued use as a weather radio transmitter site. The lease amendment will include the deletion of paragraph 5, 6, and 7 and the replacement with the following: 7. The Government agrees to promptly consider and adjudicate any and all claims which may arise out of use of the Grantor's premises by the Government or duly authorized representatives or contractors of the Government and to pay for any damage or injury as may be required by Federal law. Such adjudication will be pursued under the Federal Torts Claim Act, 28 U.S.C 2671 et seq. or such other legal authority as may be pertinent. The Government also agrees to consider and adjudicate any claims for damage or injury sustained by Government personnel in the performance of their ofticial duties while on Grantor's premises. Such adjudication will be made pursuant to the Federal Compensation Act, 5 U.S. C, 8181 et seq., or other such legal authority as may be pertinent. Section 2. This resolution shall be effective thirty (30) days after passage and posting. .... CITY OF SEWARD, ALASKA RESOLUTION 2005-55 I ..J PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 11th day of July, 2005. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: ~}:. ~ Vanta Shafer, Mayor Branson, Valdatta, Dunham. Amberg, Clark, Lorenz, Shafer None None None ATTEST: I ~ " " f . --("UIIII." ~~.., Of SFl';""', ~'~..J.. ........: ~~;,~ (City Seal) I 6."r.}:)?>f'O~'&" () ~ .. "Iil!~ ,~... ... .~ ____ v'. ~ :: : ~ : ~ · '\' SEAL !.: '" . - ~~ \ ....... ; ~ ~ .!\. ".~A ~q,..' ~ ';, ".-'1'.~~ 1 '\g.... ,'qo.:' ''':" '1)':':".;-,..10." t>.C:;~..~ ""or" I;,~ OF ;..\,r".;o ""'111"'" ~ ...J .J COUNCIL AGENDA STATEMENT Meeting Date: July 11, 2005 From: Kirsten Vesel, Assistant City Manager Through: Clark Corbridge, City Manager Agenda Item: Lease No. 87-061 with the U.S. Department of Commerce dba N.O.A.A., Lot 1, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center BACKGROUND & JUSTIFICATION: On June 3, 2005 the City was contacted by a commercial contracting consultant that is auditing the U.S. Government, National Oceanic Atmospheric Administration (NOAA) agreements nationwide. The NOAA consultant has sent us a request to amend and modify the language of an existing lease agreement for the National Weather Service and the City of Seward initiated on December 11, 1998. This lease agreement between the NOAA and the City of Seward is for the installation and use of a ceiling light for the purpose of a cloud base measurement for the continued use as a weather radio transmitter site. Specifically, this agreement requires NOAA to hold indemnify the Licensee or Lesser in case of loss or damage. Federal statute prohibits Federal agencies from agreeing to provisions that allow expenditures or obligations that are either in excess or in advance of appropriations (31 § U.S.C. 1341 (a)(1)). This applies to the agreements that contain provisions that potentially blind the Government to an undetermined amount of liability at some unspecified point in the future, even where the liability-creating event is never triggered. The aforementioned agreement contains such provision at Paragraph 5, 6 and 7. NOAA must remove the offending language in order to comply with Federal statutes. NOAA is, however, very interested in maintaining the current relationship which supports the critical mission needs of the agency. Therefore, NOAA proposes amending the existing agreement through a Supplemental Lease Agreement that continues the relationship in all respects but replaces the clauses which conflict with the Federal statues. A copy of the existing and Supplemental Lease Agreement is included. Lease Site (Section 1, Page 2) the area for the lease is a tract of land measuring approximately 300 square feet, more or less. Lease Term (Section 2, Page 2) the term of the lease commenced on December 11, 1998 and shall run for ten years through September 30, 2007. There is a provision for lease renewal. Rental Rate (Section 3, Page 2) the rental rate for the leased land will be ($Zero) per square foot for the full term of the lease. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan X 2. Strategic Plan X 3. Harbor Master Plan X FISCAL NOTE: The City is asked to contribute Zero ($0.00) dollar per year over the completion of this lease agreement extended on a year to year term. Approved by Finance Department ________________________ RECOMMENDATION: Council approve Resolution 2005- authorizing the City Manager to execute the Supplemental Lease Agreement with the U.S. Department of Commerce, dba NOAA for a parcel of land in the City of Seward for the continued use as a weather radio transmitter site and described on Attachment A.