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HomeMy WebLinkAboutRes1980-023 r~= \-" '-~\ RESOLUTION NO. 80-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSITION OF CITY OWNED LAND BY NEGOTIATION WHEREAS, the City of Seward is owner of the following described real property, hereinafter referred to as "Property": That certain structure commonly referred to as the "Old Alaska Railroad Carpenter Shop" located on Tract 2, City of Seward Waterfront Tracts, as shown on the survey of same prepared by Hewitt V. Lounsbury and Associates, dated September 1, 1969, and presently filed with the City of Seward~ and WHEREAS, the North Pacific Rim Corporation is a non-profit corporation which has leased the property for the last two years for the purpose of operating a youth center~ and WHEREAS, the City Council hereby finds that the property has not previously been dedicated to any public use or public purpose~ and WHEREAS, the City Council hereby further finds that it is not in the public interest to dispose of the property by means of public sale and that it is in the public interest to dispose of such property by lease through negotiation with North Pacific Rim Corporation: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD THAT Section 1. The City Manager is hereby authorized and directed to negotiate the lease of the property described above for a term of two years for a consideration of one dollar ($1.00) per year and according to all of the terms and conditions set forth in the lease agreement attached hereto as Exhibit 1 and incorporated herein by reference. Section 2. The City Manager is further authorized and directed to execute the lease agreement consistent with the r"' I I " I 1 2 3 4 5 6 7 8 9 10 11 12 .J 13 .J w 0:: 0:: 14 <t -, <1l"O o to ...J ., ~ 15 D'I :r: w <( "It w<t!::",OJ OO:JU)Ol 16 t: .. ') <(-; . Cll - J Q) "-c:r..;.... o w ~ . '" 17 ~I-~~i' (.J"..;o J< ",OJ ~l<O- 18 _ 0 ~ Z;;z o <( I- 19 U) z <t 20 0:: U 21 22 -- ...--:-;-, 23 24 25 26 27 28 29 30 31 32 ee.l ~cl~..dc< 5/';:/ ",. , LEASE AGREEMENT THIS AGREill~ENT is made this day of 1980, 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 "City"; and the ~orth Pacific Rim, an Alaskan corporation, hereinafter referred to as "Lessee". , WIT N E SSE T H: ---------- \~EREAS, the City is owner of that certain real property described below, and WHEREAS, City has no immediate need for the said property, and WHEREAS, the Lessee desires to lease the property for an indefinite period for the use as a youth center; NOW, THEREFORE, it is agreed as follows: 1. Demising Clause. City does hereby lease, let and rent to Lessee that certain real property described as follows: That certain structure commonly referred to as the "Old Alaska Railroad Carpenter Shop" located on Tract 2, City of Seward Waterfront Tracts, as shown on the survey of same prepared by Hewitt V. Lounsbury and Associates, dated September 1, 1969, and presently filed with the City of Seward. 2. Term. This lease shall be for two years, after which time the parties hereto may negotiate an extension. 3. Consideration. The rental shall be one dollar ($1.00) per year, payable in advance. 4. utilities. Lessee shall pay all utilities in connection with the occupation of the premises including, but not limited to, heat, lighting, sewer, water and garbage collection costs. - - - - - 5.- Insurance-;' L"essee _._sha~ll be requIred at_a.-il times --. from toe date hereof to carry general public liability - - insurance on the said property which will provide insurance coverage against claims arising out of bodily injuries occurring on the premises to the extent of four hundred thousand dollars ($400,000) per claim and to carry standard fire insurance to protect against both damage to the demised premises and the surrounding structures arising from fire on the demised premises. City shall in all events be named as a named insured on such policy or policies. Fire insurance proceeds arising from damage to the building shall, at the option of City, be applied to the repair or reconstruction of the demised premises or such other use as City shall, in its sole discretion, determine. .6. Permissible Activities. On the demised premises any activity City, State or Federal law, or which nuisance. Lessee shall not' conduct which is in violation of constitutes a public 1 2 3 4 5 6 7 u, - --~ - 8 9 10 11 12 .J 13 ..J w 0:: c: 14 <l: . ~ ... 0 o U) ..J -: g: 15 wJ:Id<" '" <( !: ~ '" o 0 :J "' '" 16 - 10 oct - lr.. ui ..J ~ i "-o::t<l' Ow Id . N 17 ~~~~~ ..G> -'3:xo- 18 .05 z;;z o < I- 19 If) z <( 20 n: u --.-----....""------ -- ~--. ....~_...._-_.._-~---_.._-~..- - - .------ ----', .,-~.... - ,. 7. Fixtures. Any permanent improvements made to the demised premises including, but not limited to, heating, electrical and plumbing systems shall become a permanent part of the demised premises upon installation. 8. Condition of Premises. Lessee shall return the demised premises to the Lessor in the same or similar condition to that existing at the commencement of this Agreement, subject to normal use and deterioration. 9. Major Repairs. Lessee shall not be responsible for any major repairs to the structure or roof of the demised premises. If the demised premises is .d~stroyed in whole or i~_ part'; fhe LeSsor shall have'the right to terminate this Lease .as of th~_ da'te of sUGhde~tru...q_tion. ,_~ c,,'-c_~, :--- '-_' ._c.~---:--'--=-~- _ 10. Default. If the Les~ee should fail to perform each and every condition of this Lease Agreement for a period of ten (10) days, City shall have the right to terminate the lease immediately, re-enter and retake the premises without prior notice. The failure of City to terminate the Lease, re-enter and retake the premises upon learning of the failure of the Lessee to perform a particular condition of this Lease shall not be deemed as a waiver of Lessor's right so to terminate, re-enter and retake. CITY OF SEWARD, ALASKA " Clarence E. Johnson City Nanager ATTEST: JoAnne E. Shanley 21 City Clerk ' ". "..-;::--,'-:':-.":.:22 ' 23" 24 25 26 27 28 29 30 31 32 --~---_._--- -+._--,-------~-- . '. - .u{C fty Seall' _______._~___ ___ _ v_____________~_ ---~ ---- -.~------~- - ___ _ _ __ _ _.. _ _.~_______.~___ _.____ ._____~___._~ __._______4__~ _ '~W" . "'" . _ ~ '..-- .~.._- .;-~.::...-._'- --.:-.:""".-'-.- ---':~--~..-:,-':-~..-: --:.. ::::. ..~.::.:-:.~. . . -. .-' -.. -.' _.-- NORTH PACIFIC RIM Derenty Tabios Executive Director APPROVED AS TO FO~l: -1? Ir>-"/;./ ,1'/ ~~~ Ranald H. J rell City Attorney r , terms set forth in Exhibit 1. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12th day of May , 1980. CITY OF SEWARD, ALASKA -~- 2 A~f Raym:,Ji L. Hugl1 Mayor AYES: NOES: ABSENT: Cripps, Gillespie, Hugli, Soriano None Cambpell, Leer, Swartz ATTEST: APPROVED AS TO FORM: CRANSTON, WALTERS, DAHL & JARRELL / \... ~A{/)j ~ Ranald H. Jarre City Attorney