HomeMy WebLinkAboutRes1980-045
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 80-45
A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE
OF THE PREFERENTIAL USE OF THE FOURTH AVENUE DOCK
AND THE OLD DEPOT BUILDING FOR USE BY THE FERRY SYSTEM
WHEREAS, the City of Seward is the owner of the Fourth Avenue
Dock and the building adjacent thereto called the"OldDepot Building";and
WHEREAS, A grant by the City of Seward of preferential use
of the Fourth Avenue Dock is hereby found to be essential to the
effective servicing of 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 to promote its continued
servicing of the City of Seward; and
WHEREAS, the City Council hereby further finds that the
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 it is
not in the public interest to dispose of such preferential use
of the dock and the possessory rights to the Old Depot Building
by means of public sale of such use and possession; and
WHEREAS, the City Council hereby further finds that it is
in the public interest to dispose of such use and possession by means
of negotiation with the State of Alaska:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that
Section I. The City Manager is hereby authorized and directed
to negotiate the contract for the preferential use of the Fourth
Avenue Dock and the rental of the Old Depot Building to the State of
Alaska for use by the Alaska ferry system according to the terms
set forth in the lease attached hereto as Exhibit A and incorporated
herein by reference.
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Section 2. The City Manager is hereby further authorized
and directed to execute such documents and to perform such other
tasks as are necessary to dispose of the interests described in
this resolution.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 2Bth day of July , 1980.
CITY OF SEWARD, ALASKA
~) JJ~ ~.
ymond L. Hugli r
ayor
AYES: CRIPPS, GILLESPIE, LEER, SORIANO AND SWARTZ
NOES: NONE
ABSENT: CAMPBELL AND HUGLI
r;,or
ATTEST:
APPROVED AS TO FORM:
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Ranald H. Jarrell
Attorney for the City of Seward
(Ci ty Seal)
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'! THIS AGREmIENT, made this --.....').dJ!,j day of~ \:.;j, .,,~....., 1980,
I: by and between the CITY OF SEWARD, a municipal corporkt ion, organ-'
ilized under and operating pursuant to the laws of the State of
:1 Alaska, he-reinafter referred to as the "City", and the STATE OF
Ii ALASKA, hereinafter referred to as the "State",
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Ii WHEREAS, the parties intend that the State of Alasll:a
:1 Marine Highway System be given certain preferential rights in
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iieXChange for moorage fees paid by the State, and
Ii WHEREAS, in connection with these ferry operations, the
i'State requires a building to be used for ferry offices and
;: operations:
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LEASE AND DOCK LICENSE AGREEMENT
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1. Property Description: "The City leases to the State!
that structure commonly known as the "old depot" building and 'I
I adjacent land located at the foot of Fourth Avenue, City of
:1 Seward, and defined as City Park (Dock) on the uncertified plat I
i;titled "City of Seward Waterfront Tracts" dated September 1, 1969, I
Ii subject to all prior easements, conveyances and restrictions of !,
I record.
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I: 2. Preferential Privileges: The State of Alaska Marine
:i Highway System shall have first priority to berth its ferry I
Ii vessels at the City of Seward Fourth Avenue Dock. Other vessels I
jusing the dock or any portion thereof which would interfere in I
I' any way with the arrival or departure of the State ferries will i
i!be removed immediately upon arrival of the ferry. Any other I
j!activities on the dock which will interfere with these preferentia~
:i berthing privileges shall immediately cease upon arrival of the i
I' ferry. I
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ii 3. Term: The term of the Lease and Dock License Agree- 1
pment, and the right of the State to use and occupy these premises,
I:shall be for one (1) year, beginning July 1, 1980, through and
lincluding June 30, 1981. This Agreement may sooner terminate by
Ileither the City or State upon ninety (90) days' written notice.
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Ii 4. Fee: The total annual fee to be paid by the State
lito the City shall be ~venty-Five Thousand Dollars ($25,000) which
ji consists of a monthly rental for the "old depot" building of
IIThree Hundred Fifty Dollars ($350) and an annual fee for preferen-
Ii tial berthing and moorage privileges in the amount of ~venty
iThousand Eight Hundred Dollars ($20,800).
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THEREFORE, the parties hereby agree as follows:
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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 access to the dock.
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Ii 6: DO?k Maint~nance: The State of Alaska Department. of
I!Transportat1on wlII repalr any damage to the dock which is attrl-
!Ibutable to the ferry operations, but will not be held responsible
::for damages caused by others.
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II 7. Freight Charges: The State will not be required to
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I~ay to the City any fee for vehicles, cargo or passengers moving
I!across the dock to and from the State ferries.
I,! 8. Equipment: All equipment of whatsoever nature as
,shall be installed by the State shall continue to be the property
l'of the State and may be removed by the State upon the expiration
,.of this Agreement.
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!i (a) use and occupy the building and dock in a
:icareful and proper manner and for lawful purposes only;
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i' b) not assign this Agreement, not sublease the
!~remises, nor any part thereof, without the written consent of the
!ICity; provided, however, such consent shall not be unreasonably
I~vithheld;
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I'premises at
iiless normal
ii (d) permit the City to enter upon the premises at
l'all reasonable times to examine their condition;
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II (e) provide utilities, including fuel oil and
lrlectricity (the City shall furnish water);
Ii (f) provide necessary janitorial services and
,isupplies for the space it occupies;
II (g) save the City harmless and indemnify it against
::any loss, damage, claims or liability resulting from (1) any acts I
lor omissions of the State, its agents or employees; or (2) arising I
I~ut of or from the State occupancy of the building or the dock or I
,pperations connected thereto, except for losses caused by the City's
I:own negligence; I
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'II (h) shall not alter the exterior appearance of the I
premises without written consent of the City, but may post signs
,lidentifYing the building as a ferry ticket office or terminal.
Ii 10. Insurance: The City shall maintain casualty insur-
.'I;ance on said premises if it deems necessary but shall not maintain ,
such insurance on State-owned contents.
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I' IN WITNESS WHEREOF, the parties hereto have executed this
.~ocument by their duly authorized officials.
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I'STATE OF ALASKA
inEPT. OF TRANSPORTATION
!: AND PUBLIC FACILITIES
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I. ~(~",-, ~..I::"-"-.<.~,
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, Commissidner
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9.
Other Duties of the State:
The State shall:
(c) provide
termination of
wear and tear;
routine minor maintenance and leave the
this Agreement in reasonable condition
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CIry OF-SEWARD
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C arence/E. J9hfison
Ci';;y Manager/
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iAPPROVED AS TO FORM:
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ATTEST:
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(J' h l'<-../ ~_, ~-Ifl {
JoAnne E. Shanley
City Clerk
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i~anald H. Jarrell
I;City Attorney
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(City Seal)
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JUDICIAL DISTRICT ) 1
" THIS IS TO CERTIFY that on theyU~-~{J day of -:-\p/e 11-- L'Lj , i
1~980, before me, the undersigned, a Notary Public in and ~or the I
,~tate of Alaska, duly commissioned and sworn as such, personally
iappeared Clarence E. Johnson and JoAnne E. Shanley ':
iknown to me and to me known to the the City Manager and City Clerk :
!respectively, of the City of Seward, Alaska, and acknowledged to me!
I~hat the foregoing instrument was executed by them in their offici~
j'borporate municipal capacity, and that they executed the same pur- 1
~uant to the authorization of the City Council of the City of I
'Seward, Alaska; that the same was executed as the free and voluntary
~ct and deed of the municipal corporation to execute the foregoing I
I!instrument, and that the seal affixed hereto is the corporate seal ,
I~f said municipality.
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Ii IN WITNESS WHEREOF, I have hereunto set my hand and '.
laffixed my Notarial Seal the day and year hereinabove written.
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STATE
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THIRD
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OF ALASKA
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bTATE OF ALASKA )
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F'HIRD JUDICIAL DISTRICT ) I
I THIS IS TO CERTIFY that on the 1sT day of P\U3\J~t ,!
11980, before me, the undersigned, a Notary Public in and for the "
IState of Alaska, duly commissioned and sworn as such, personally
,jappeared DZfui''1 Rc\'"\ G. L\1".c\ ,known to me and to me known I
~o be the^ ommissioner of Transportation and Public Facilities for I
ithe State of Alaska, and acknowledged to me that the foregoing i
tiinstrument was executed by him in his official governmental capacity,
'land that he executed the same pursuant to the authorization of the I
;State of Alaska; that the same was executed as the free and volun- i
~ary act and deed of the State of Alaska for the uses and purposes
~herein mentioned, and that the seal affixed hereto is the corporat,
'Iieal of the State of Alaska. 'I.
" IN WITNESS WHEREOF, I have hereunto set my hand and ,
I~ffixed my Notarial Seal the day and year hereinabove written. i
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Notary Public
11y Commission
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in and for Alaska
Expires: ;' t- ,)._.!
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Notary Public
My Commission
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in and for Alaska !
Expires: q / ),'& {'B 3 !
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