HomeMy WebLinkAboutRes1981-014
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CITY OF SEWARD, ALASKA
RESOLUTION NO, 81-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, LEASING CERTAIN LAND TO THE UNITED STATES AIR
FORCE.
WHEREAS, a recent survey conducted by the City of Seward
indicates that certain Air Force facilities encroach upon City
land, and
WHEREAS, the encroachment is caused by use of the land for
recreational purposes, which use benefits the public by stimulat-
ing visitation to Seward by members of the Armed Forces of the
United States, and
WHEREAS, an appraisal has been conducted which demonstrates
the fair market value of the land, and
WHEREAS, the United States has offered to lease the land in
accordance with the attached lease agreement which is incorporated
herein by reference covering the following described real property:
A parcel of land within U,S. Survey No. 1759, Section
34, Township 1 North, Range 1 West, Seward Meridian, Seward
Recording District, Third Judicial District, State of Alaska;
said parcel being more particularly described as follows:
Beginning at the northwest corner of U.S. Survey No.
242, Lot 2;
Thence West, a distance of 25.00 feet, more or less;
Thence South, a distance of 980.00 feet, more or less;
Thence East, a distance of 25,00 feet, more or less;
Thence North, a distance of 980,00 feet, more or less
to the Point of Beginning and the terminus of this
description.
Contains 0.56 acres, more or less, and
WHEREAS, pursuant to notice as required by the Seward Code,
a public hearing on the proposed lease was held on May 11, 1981,
and
WHEREAS, in accordance with Section 2-83 of the Seward Code,
the City attorney has endorsed the lease agreement, and
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RESOLUTION NO. 81-14
WHEREAS, no adverse comments to the proposed lease have been
received from the public and the City Council remains convinced
that it is in the public interest to lease the described land to
the United States,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Seward, Alaska, that:
Section 1: In accordance with Section 12.3(b) of the
City Charter this resolution shall be on file in the office
of the City Clerk for thirty (30) days and shall be posted
in accordance with Section 2-84 of the Seward Code.
Section 2: Upon the expiration of thirty (30) days as
set forth in Section 1 above, this resolution shall become
automatically effective and the Mayor is instructed to
execute the lease agreement, a copy of which is attached
hereto and incorporated herein by reference.
PASSED AND APPROVED by the City Council of the City of
Seward, Alaska, this 11th day of Tllnp , 1981.
AYES:
NOES:
ABSENT:
CAMPBELL, GILLESPIE,
NONE//SORIANO & SWARTZ
CRIPPS, HUGLI & O'BRIEN
CITY OF SEWARD
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Vlce-Mayor
ATTEST:
JoAnne E, Shanley
City Clerk-Treasurer
Approved As To Form
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward
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Fred B. Arvidson
(City Seal)
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'iTANDARD FORM 2-8 LEA 5 E
~~~~~~I~,~~TlON U.S. Government DATE I NO,
~:'~:~~;'?~6,'" Leale for Real Property (Short Form) 3 Nov 80 DACA85-5-81-55
The LESSOl{ leases to the UNITED STATES OF AMERICA, hereinafter c..lIed the GOVERNMENT, the described premises on
the terms stated herein, including the conditions on Ihe reverse bereof.
I. LOCATION OF LEASED PREMISES
Area is within U.S. Survey No. 1759 and abuts the Seward Recreation Annex
2. DESCRIPTION OF LEASED PREMISES
A strip of land 25' by 980' (0.56 acres).
See attached legal description (Exhibi.t~) and map (Exhibit 8).
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3, TERM, To bave and 10 hold:
For the term beginning --'...'oooooo,l.,.Novembel',.-l980ooo'.m'm'....m through h,.,mm..30..Septemberoool98J .'__'h"OOO,"
From year to year thereafter, but not beyond ooo.......30,,June..J989ooo..,...'ooo':..m.oooooohoooooo,ooo-.__.......ooo,ooo.,.hooo,: this lease
will automatically renew itself. unless te~rminatedby the Government as hereinafter
provided. ' '., ..
4, TERMINATION, The Government may lerminate this lease at any lime by giving at least ..00030.,000.000..000 days' written notice
to the Lessor. Said notice shall be computed commencing with lhe day -after th.. date of mailing,
5. RENTAL, The Government shall pay the LeSsor annual rent of $,100..00,,---,,000,,__"'000 X<<JtIXltxg{)(j()fX.XXXXXXXX.xxXXXXXX
lfl)W(XXXXXXXXXXXXXXXX, in arrears, Rent for a lesser periOd sbalt be protated. Rent 'Checks shaH be made payable to:
City of Seward. P.O. Box 167. Seward. Al'a'ska '99664. Payment shan be made by
Chief. Commercial Services and'Ma'~erfaTsnfvfsfon; Accounting and Finance
Directorate. Alaska Air COIIIIIand~ ,Elmen~o~-AfrForc~ :Sa~e.Alaska 99506.
6. SERViCES AND UTILITIES (BId". "X" i"bu/ore.eh ;t~ 10 "Provided Iy UutWIISP.rI oj I,.,.)
o (I) HEAT 0 (5) CHILLED DRINKING WATER
o (Z) El.ECTRICITY 0 (6) AIR CONDITIONING
o (3) POWER (Spoeh'.qMip",."n 0 (7) ELEVATOR SERVICE
o (0) WATER (H.,_J colJ) 0 (0) WINDOW WASHING (Q"""wbl
o (13) OTHER (Sp~ib)
7. SPECIAL OR OTHER PROVISION(S) AGREED UPON
o (0) TOILET SUPPliES
o (10) JANITOR SERVICE AND SUPPLIES _________.____._____.
O (11) INITIAL UMPS, TUBES, (I'roq""",,)
BAUASTS AND REPlACEMENTS
o (lZ) MECHANICI.!. VENTIU TION
a.-~"Standard Form 2-8:
General Provision 3 deleted.
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b.
Standard' Form 2-B Addendum:
made a part hereof.
Gen~~al Provisions 3 and 12 added hereto and
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FUND CITATION: 57 1 3400 301 7128 2440 00 01 471 5674400
CITY OF SEWARD
LESSOR
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(Si.......)
ERNEST L. WOODS. JR.
Chief. REal Estate Division
Ala.s.ka._D.is.trj.ct..__..corp.s"of".fI!gjI!~~~"'_"""
(Olioi.I,i,")
(S., GnurttJ P'lWuiolU 0lI '",W$.)
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GENERAL PROVISIONS
I, MAINTENANCE OF PREMISES
The Lessor shall maintain the premises and pro perry furnished
under this lease in good repair ~nd tenantable condition during
the continuance of this lease, except in case oE damage arising from
the act or the negligence of the Government's agents or employees,
For the purpost. of so maintaining said premises and property, the
Lessor may, at reasonable times approved by the Government,
enter and inspect the same and make any necessary repairs thereto.
2, DAMAGE BY FIRE OR OTHER CASUALTY
If the said premises be destroyed by fire or other casualty this
lease shaU:immediatel}' terminate. In case of partial destruction
or damage:. so as to render the premises u~tenan[able, as ~eter-
mined by the Government, the Government may terminate the
.Iease by giving written notice to the Lessor within fifteen (15)
days thereafter; if so terminated no rent shall accrue to the Lessor
after such parri.ll destruction or damagej and if not so terminated
the rent shall be reduced proportionately by supplemental a/(ree,
ment hereto effective from the date of such partial destruction or
damage,
3, ALTE~ATIONS,'
The may
and'. erect
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4. CONDITION REPORT
A joint physical survey and inspection reporl of the demised
premises shall be made as of the effective date of this lease, re-
Becting the then present condition, and will be signed on behalf of
the parties hereto,
5, OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress, or Resident Commis,
sioner shall be admitted JO any share or part of this lease coo tract,
or to. any benefit that inay arise therefrom; but this provision
.ball not be construed to extend to this lease contract if made with
a corporation for. it. general benefit,
6, APPLICABLE CODES AND ORDINANCES'
The Lessor, as part of the rental consideration, agrees to com-
ply with all rodes and ordinances applicable to tbe ownership and
nperation of the building in which the leased space is siruated
and" at his own expense, to obtain all necessary permits and, related
items.
7, LESS<?R'S SUCCESSORS
The term. anll provisions of, this I...e and !he conditions herein ..
shall b'ind ,the Lessor: and the Lessor's heirs, executors, adminis-
trators, successors, and assigns. t
8, COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or selling agency has been
employed or retained to solidt or secure this lease upon an a~ree-
ment or understanding for a commission, percentage, brokerage,
or <on(jn~ept .fee. excepting bon~. fid~ e!'1ployees OT" bona, fide
establisned commercial or selling a~endes maintained or the
Lessor f,?r t~~ purpose ,cf ~ecuring business. Fot breach or "iola~ .
[io~ of this warranty' tht.'. Government shall h-ave the right to'
annuJ this lease without liability or in its discretion to deduct
from the. rental price o~ C"ons.ideratioo, or,otherw.ise re(:pver, the
full amount of such commfssion, percentage, brokerage or con-
tingent fee, (Licensed real estate agents or brokers having list-
in~s on property for rent, in accordance with general business
practice, and who have not ohtained such licenses for the sole pur-
pose of effecting this kJSe, mar be considered as bona fide em,
ployees or anencies within the exception contained in this clause.)
STANDARD FORM 2-8
nBRuARY 1955 EDIT10N
9, FACILITIES NONDISCRIMINATION
(a) As used in this s~ction, the term "f:leility" means store~
shops, restaurants, cafeterias, restroorns, and any other facility of
a public narure in the building in whicb the space covered by
rbi. lease is [ocared,
(b) The Lessor agrees that he will not discriminate by segre'
gation or otherwise against any person or persons becau"'e of
race, creed. color, or naticnal origi!l in furnishing. ur P;' refusing
to furnish, to such person or persons the use of any fadlit}, indud~
ing any and all serv;ces) pri\'ileges, accommodations, and actjvi~
ties pro\'ided thereby. Nothing herein !'ihaJI require the furnishinp;
to the general public of the use of any facility \.:u.<;tornarily fur-
nished by th~ Lessor solely to tenants) their empl('l~.ees, cu~tomers,
patients, clients, guests and invitee:;.
(c) It is agreed that the Lessor's noncompliance with the rrovi,
sions of this settion shall cons(itute a material breach of this
lease. In the event of such noncompli::mre, the Government may
take appropriate action to enforce compliance, may terminate
this lease, or may pursue such other remedies as may be pro,.ide:'
by law, In the event of termination, lhe Le.sot shall be liable for
all excess costs of the Go\'ernment in acquiring substitute spacet
including but notti'mitea to ,tQ.e cost' of. '.moving to such space.
Substitute space shall be obtained in as dose proximhy to the
Lessor'.. buildin~ as is feasible and mavin/( costs will be limited
to the actual expenses thereof as incurred.
(d) It is further agreed that from and after the date hereof
the Lessor will, at such time as any agreement is to be entered
into or a concession is to be permitted to operate, indude or require
(he inclusion of the foregoing provisions of this section in every
such agreement or concession pursuant to which any person other
than the Lessor operates or has the right to operate any facility.
Nothing herein contained, however, shaH be deemed to require
the Lessor to include or require the inclusion of the foregoing
provisions of this section in any existing agreement or concession
arrangement or o~e in which the contracting party other than
the Lessor has ,he unilateral right to renew or extend the
agreement or' arrangement, until the expiration of the existing
agreem~nt or arr~ngecrieDt and the' un~\ateral right to rene'V.. or
extend, The Lessor also agrees that it will take an)' and all lawful
ac~ions as expeditiously as possible, with respect to any such
agreement as the comractinlt agency may direct. as a means of
.enforcing the intent of this section, including, bur not limited to
termination of (he agreement or concession and institution of court
action.
10. EXAMINATION OF RECORDS
(NOTE: This provision is applkable if this lease was negotiated
~ithout advertising,) .
. a. The Lessor agrees that the Comptroller General of "rhe United
States or any of his duly authorized representatives shall, until the
expiration of 3 years after finai parment under this lease, have
access lO and the right to examine any directly pertinent books,
documents, papers, and records of the Lessor involving transac.
tions related to this lease.
b. The Lessor further agrees to include in all hi.. subcomraLts
hereunder a pn)vision to the effen that (he subcol1(ranor agrees
that the Comprroller General of rhe lJni(ed Slates or Ill') repre-
sentatives shall, until the expiration of :- ~ cars after linal payment
under this lease with the Government, have all.t'SS to and the right
to examine any directly perdnent books, do;,;uments, papers, and
.r:.ecords of such 'Subcontrador invoh'in~. transaclion~ reLHed hJ the
subcontract.
11. INSTRUCTIONS
Whenever the 1<.'ase is executed by an attorney, agent, or other
person, or corporation on behalf of the Le'isor, the name of the
Lessor shall appear above toe signature of the person si~ning.
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STANDARD FORM 2-B ADDENDUM
3. ALTERATIONS
The Government shall have the right during the existence of this lease
to make alterations, attach fixtures, and erect additions, structures or
signs in or upon the premises hereby leased. Such fi~tures, additions or
structures shall be and remain the property of the Government and may be
removed prior to the expiration or termination of this lease. The lessor
may, upon not less than '2.0 days notice to the Government, before termination
of the lease. require restoratior. of the leased premises. In this event,
prior to the expiration or termination of this lease, or prior to
relinquishment of possession. whichever first occurs, the Government shall,
at its sole election, either (1) restore the premises to the same condition
as that existing at the time of entering upon the same under this lease,
reasonable and ordinary wear and tear and damage by the elements or by
circumstances over which the Government has no control excepted, or
(2) pay to the lessor a sum of money representing either the dimi.nution
in the fair market value of the property due to the failure to restore,
or the actual cost of. restoration, whichever is the lesser amount.
12. GRATUITIES TO GOVERNMENT EMPLOYEES
(a) The Government may, by written notice to the Lessor, terminate
the right of the lessor to proceed under this lease if it i$ found, after
notice and hearing, by the Secretary of the Army or his duly authorized
representative, that gratuities (in the form of entertainment, gifts, or
otherwise) were offered or given by the lessor, or any agent or representa-
tive of the lessor, to any officer or employee of the Government with a
view toward securing a lease or securing favorable treatment with respect
to the awarding or amendi ng. or, the maki ng of any determi nati ons with
respect to the performing, of such lease; provided, that the existence
of facts upon which the Secretary of the Army or his duly authorized
representative makes such findings shall be in issue and may be reviewed
in any competent court. '
,(b) In the event this lease is terminated as provided in
paragraph (a) hereof. the Government shall be entitled (1) to pursue
the same remedies against the lessor as it could pursue in the event
of a breach of the lease by the lessor and, (2) as a penalty in
addition to any other damages to which it may be entitled by law. to
exemplary damages in an amount (as determined by'the Secretary of the
Army or his duly authorized representative) which shall be not less
than three nor more than ten times the cost incurred by the lessor in
providing any such gratuities to any such officer or empl~yee.
(c) The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this lease.
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Seward Recre~tion-Annex
Parcel A
LEGAL DESCRIPTlON
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0.56:!: Acres
A parcel of land within U.S. Survey No. 1759, Section 34, Township 1 North,
Range 1 West, Seward Meridian, Seward Recording District, Third Judicial District,
St'ate of Alaska; said parcel being more particularly described as follows:
Beginning at the northwest corner of U.S. Survey No, 242, Lot 2;
Thence West, a distance of 25,00 feet, more or less;
Thence South, a distance of 980.00 feet, more or less;
Thence East, a distance of 25.00 feet. more or less;
Thence North, a distance of 980.00 feet, more or less to the Point of
Beginning and the terminus of this description.
Contains 0.56 acres, more or less.
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SUBJECT PARCEL: 25' X 980'
acres mil), City of Seward,
Alaska land.
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RECREATION ANNE,X
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