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Home My WebLink AboutRes1981-006 r~ ~/27/81 JES : j es CITY OF SEWARD, ALASKA RESOLUTION NO. 81-6 A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE 4TH AVENUE DOCK BY THE STATE FERRY SYSTEM WHEREAS, the City of Seward is the owner of the 4th Avenue Dock and the building adjacent thereto known as 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 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 in order to promote its continued 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 dis- position of the use of the Dock and "Old Depot" 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 the City Manager is hereby authorized to negotiate the disposition of the preferential use of the 4th Avenue Dock and the "Old Depot" building by lease to the Alaska ferry system. AND, BE IT FURTHER RESOLVED that the terms of the "Lease and Dock License Agreement" shall conform to those set forth in the agree- ment attached hereto and incorporated herein by reference, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 13th day of April , 1981, CITY OF SEWARD, ALASKA -j (- , ~ t{- , ~~/ I ) ~on~}. Hugli "- Mayor AYES: NOES: ABSENT: CAMPBELL, CRIPPS, GILLESPIE, HUGLI, O'BRIEN, SORIANO AND SWARTZ NONE NONE r ~.LY of Seward, Alaska Resolution No, 81- 6 Page Two A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE 4TH AVENUE DOCK BY THE STATE FERRY SYSTEM ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska (City Seal) u l1/a~ Fred Arvidson r" ~ ~1 ~\ ,j j I: ~', " , II .\ il JI "'. - '"', ii I, !AI ,', 'I I, , Ii LEASE AND DOCK LICENSE AGREEMENT THIS AGREE~IENT, made this _ day of , 1981, by between the CITY OF SEWARD, a municipal corporation, organized under of the State of Alaska, hereinafter STATE OF ALASKA, hereinafter referred !!and " 'land operating pursuant to the laws ireferred to as the lICity", and the ~ :to as the "State", I! II ; ,Highway i ;moorage " WHEREAS, the parties intend that the State of Alaska Marine System be given certain preferential rights in exchange for fees paid by the State, and II \ffiEREAS, in connection with these ferry operations, the State I!requires a building to be used for ferry offices and operations: I ! I 1. Property Description: The City leases to the State that Istructure commonly known as the "old depot" building anadndaddJe' af~nenedt alsand Ilocated at the foot of Fourth Avenue, City of Seward, ~ . 'City Park (Dock) on the uncertified plat titled "City of Seward Waterfront ::Tracts" dated September 1, 1969, subject to all prior easements, conveyances land restrictions of record. I I ~ighway System shall have first priority to berth its ferry vessels at )the City of Seward Fourth Avenue Dock. Other vessels using the dock or r.ny portion thereof which would interfere in any way with the arrival or reparture of the State ferries will be removed immediately upon arrival of the ferry. Any other activities on the dock which will interfere I~ith these preferential berthing privileges shall immediately cease upon arrival of the ferry. I I 3. Term: The term of the Lease and Dock License Agreement, I~nd the right of the State to use and occupy these premises, shall be Ifor one (1) year, beginning July 1, 1981, through and including June 30, ;1982. This Agreement may sooner terminate by either the City or State ~~pon ninety (90) days' written notice. Ii 4, Fee: The total annual fee to be paid by the State to the iiCity shall be Twenty-Eight Thousand Dollars ($28,000) which consists of j:a monthly rental for the "old depot" building of Three Hundred Ninety- liTwO Dollars ($392) and an annual fee for preferential berthing and ,moorage privileges in the amount of Twenty-Three Thousand nvO Hundred i~inetY-SiX Dollars ($23,296), Ii ii 5. Dock Use and Parkinfit: The City shall grant to the State lithe right to utilize the dock as may be required for all loading and itinloading operations. The City shall provide snow removal from automobile irarking areas and access to the dock. i! 6. Dock Maintenance: The State of Alaska Department of Transportation will repair any d~lge to the dock which is attributable :to the ferry operations, but will not be held responsible for damages I~aused by others. i NOW THEREFORE, the parties hereby agree as follows: 2, Preferential Privileges: The State of Alaska Marine " Page One 0f Three r'- i ~ d ::j "; I ,:i if I' Ii il !i r, -, 7. Freight Charges~ The State will not be required to pay to i the City any fee for vehicles, ('argo or passengers moving across the Ildock to and from the St"Rt".P fprl";p~. 8. E(']uipment: All equipment of whatsoever nature as shall be :.instal1ed by the State shall continue to be the property of the State :,and may be removed by the State upon the expiration of this Agreement. !i :' 'I Ii I' i ~ proper , 9, Other Duties of the State: The State shall: (a) use and occupy the building and dock in a careful and manner and for lawful purposes only; i! (b) not assign this Agreement, not sublease the premises, i'oor any part thereof, wi.thout the written consent of the City; provided, :ihowever, such consent shall not be unreasonably withheld; II II , ; 'prem~ses at l :normal wear 'I Ii (d) permit the City to enter upon the premises at all i:reasonab1e times to examine their condition; I! Ii (e) provide utilities, including fuel oil and electricity I(the City shall furnish water); Ii 11 (f) provide necessary janitorial services and supplies 1';I:for the space l.('gt)occUPies; save the City harmless and indemnify it against any i110S5, damage, claims or liability resulting from (1) any acts or omissions I!of the State, its agents or employees; or (2) arising out of or from the I!State occupancy of the building or the dock or operations connected !thereto, except for losses caused by the City's own negligence; I (h) shall not alter the exterior appearance of the premises ~ithout written consent of the City, but may post signs identifying the puilding as a ferry ticket office or terminal, I 10. Insurance: The City shall maintain casualty insurance on Ilsaid premises if it deems necessary but shall not maintain such insurance I~on State-owned contents. I I i I IN WITNESS WHEREOF, the parties hereto have executed this ~ocument by their duly authorized officials. ii II iISTATE' OF ALASKA, DEPARTMENT "OF TRANSPORTATION AND " i~UBLIC FACILITIES Ii !I ~ a,LJ 'l~;;'" ICommissidner Ii Ii I~PPROVED AS TO FO~~: I~UGHES, THORSNESS, GANTZ, I POWELL & TI';UND1N Irttoruey", tllT the City of Seward II :~_.~._-- ; ,Fred Arv idson (c) provide routine minor maintenance and leave the termination of this Agreement in reasonable condition less and tear; CITY OF SEI,ARD Clarence E. Johnson City Manager ATTEST: JoAnne E. Shanley, CMC Citv Cll'rk (City Seal) II Page Two of 'l11ree r ~ '0 i n >!. ., , ,~ . c' II ": 'I -. """ .II - . ti ." STATE OF ALASKA II THIRD JUDICIAL DISTRICT Ii ill THIS IS TO CERTIFY ,) before me, the undersigned, iidU1Y commissioned and sworn , ss. that on a Notary as such, the day of Public in and for the personally appeared , 1981, State of Alaska, II known to me and to me known to be the City Manager and City Clerk respectively, I,af the City of Seward, Alaska, and acknowledged to me that the foregoing I! instrument was executed by them in their official corporate municipal capacity, I,and that they executed the same pursuant to the authorization of the City :\Council of the City of Seward, Alaska; that the same was executed as the free lland voluntary act and deed of the municipal corporation to execute the fore- 'lgOing instrument, and that the seal affixed hereto is the corporate seal of I said municipality, ,I II IN WITNESS ffilEREOF, I have hereunto set my hand and affixed my I!Notaria1 Seal the day and year hereinabove written, I, I II STATE OF ALASKA Notary Public in and for Alaska My Commission Expires: ss, IITHIRD JUDICIAL DISTRICT II' THIS IS TO CERTIFY that on \ before me, the undersigned, a Notary lidU1Y commissioned and sworn as such, II' " " I known to me and to me known to be the e; Commissioner of Transporta- jtion and Public Facilities for the State of aska, and acknowledged to me II"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 lState of Alaska; that the same was executed as the free and voluntary act and I :deed of the State of Alaska for the uses and purposes therein men tloned, and ;lthat the seal affixed hereto is the corporate seal of the State of Alaska. I' Ii IN WITNESS WHEREOF, I have hereunto set my hand and affixed my i;Notarial Seal the day and year hereinabove written. " Ii ,I I: il " I: II II ,: II II " Ii I! " i' 'I I' the ..?l/ day of -'Jt,~ ,1981, Public in and for the State of Alaska, personally appeared Page Three of Three