HomeMy WebLinkAboutRes1982-046
6/14/82
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 82-46
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 14th day of JUNE ,1982.
AYES:
CITY OF SEWARD, ALASKA
QJd~
Donald W. Cripps, Mayor '
BURGESS, CRIPPS, GILLESPIE, MEEHAN, O'BRIEN, SORIANO
AND SWARTZ
NONE
NONE
NOES:
ABSENT:
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 82-46
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)
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LEASE AND DOCK LICENSE AGREEMENT
THIS AGREEMENT, made this Jd day of (~ /0 1982, by and
between the CITY OF SEWARD, a mun~ corporaU n, organized under and
operating pursuant to the laws of the State of Alaska, hereinafter referred
to as the "City", and the STATE OF ALASKA, hereinafter referred to ss the
"Staten,
WHEREAS, the parties intend that the State of Alaska Marine Highway
System be given certain preferential rights in exchange for moorage fees
paid by the State, and
WHEREAS. in connection with these ferry operations, the State requires
a building to be used for ferry offices and operations:
HOW ~ORE. the parties hereby agree as follows:
1. Property Description: The City leases to the State that struc-
ture co-.nly known as the "old depot" building and adjacent land located at
tbe foot of Fourth Avenue, City of Seward, and defined as City Park (Dock) on
the uncertified plat titled "City of Seorard Waterfront Tracts" dated September
I, 1969, subject to all prior easeBSnts. conveyances and restrictions of re-
cord.
2. Preferential Privileges: The State of Alaska Marine Highway
System shall have first priority to berth its ferry vessels at the City of
Seward Fourtb Avenue Dock. Other vessels using the dock or any portion
thereof whicb would interfere in any way with the arrival or departure of
tbe Stste ferries will be rSlllOVed immediately upon arrival of the ferry.
Any otb~ activities on the dock which will interfere with these preferential
bertbina privUeges shall iaaecliately cease upon arrival of the ferry.
3. Tera: The tera of the tease and Dock License Agreement, and
the right of the:State to use and occupy these premises. shall be for one
(1) year, begiDn1ng July 1. 1982, through and including June 30, 1983. This
Agreeaent may sooner te~nate by either the City ot Stats upon ninety (90)
days' written notice.
4. Fee: Tbe total annual fee to be paid by the State to the City
sball be Thirty Thousand Eight Hundred Dollars ($30,800) which consists of
...nthly rental for the "old depot" building of Four Hundred Tbirty-One
Dollars ($431) and an annual fee for preferential berthing and moorage
privileges in the 8IIIOunt of Twenty-Five Thousand Six Hundred Twenty-Eight
Dollars ($25,628).
5. Dock Use and Parking:
right to utilize the dock as may be
operations. The City sball provide
areas and access to lbe dock.
The City shall grant to the State the
required for all loading and unloading
SIlOW removal from automobile parking
6. Dock Maintenance: The State of Alaska Department of Transpor-
tation will repair any damage to the dock which is attributable to the ferry
operations, but will not be held responsible for damages caused by others.
7. Freight Charges: The State will not be required to pay to the
City sny fee for vebicles, cargo or passengers moving across the dock to
and fro. the State ferries.
8.
.called by
rSllOVl!d by
Ilqui_nt: All equipment of whatsoever nature as shall be in-
the State shall continue to be property of the State and may be
the State upon the expiration of tbis Agreement.
Page One of Three
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LEASE AND DO~CENSE AGREEMENT: (Cone 'd)
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9. Oeher Dueies of ehe Seaee: The Staee shall:
(a) use and occupy ehe building and dock in a careful and
proper manner and for lawful purposes only;
(b) noe asaign ehis Agreement, noe sublease ehe premises, nor
any pare ehereof, wiehoue ehe write en consene of the Ciey; provided. however,
such consene shall noe be unreasonably wiehheld;
(c)
at eeraination of
and tear;
provide roueine minor maintenance and leave the premiaes
this Agreement in reasonable condition less normal wear
(d) permit the City to eneer upon the premises st all reaSOn-
able times to examine their condition;
(e) provide utilities, including fuel oil and electriciey
(the Ciey shall furniah water);
(f) provi.de necessary j aDitorial services and supplies for
the space it occupies;
(8) save the Cityharmleas and indemnify it against any loss,
damage, c:laims or liability resulting from (1) any acts or omissions of the
State, its agents or employees; or (2) arising out of or from the State oc-
cupancy of the building or the dock or operations connected thereto, except
for losses caused by the City's own negligence:
(h) shall not alter the exterior appearance of the premiaes
I without written consent of the City, but may post signa identifying the
Il building as a ferry ticket office or teraiual.
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10.
pr..a.. 1f
State-owned
Insurance: The City shall maintsin casualry insur-auce on said
it de_ necessary but shall DOt maintain such insurance on
contents.
IN WITNI!SS WIIERIlOr, the parti.. hereto have executed this docUlllent
by their duly authorized officiale.
STATE ar ALASKA, DEPARnmNT or
TlWlSPORTAnON AND PUBLIC FACILITIIlS
CITY OF SEWAllD, ALASKA
~<>- 2..:I? {)
k':;-
eo-issiOtler
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A.sit t City Ma1uIger
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APPROVED AS TO POllK: ATTEST:
IIllGIII!:S, THORSNESS, GANTZ, POWELL
, BIWIlDIlf
Attorneya for the City of S_ard
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hed B. Arvidson
(Ciry Seal)
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LEASE AND DOCK LICENSE AGREEMENT:
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(CONT'Db
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STATE Oil' ALASKA ) sa
THIRD JUDICIAL DISTRICT)
THIS IS TO CERTIFY that on the 16 day of June ,1982,
before me, the under.igned, a NotarY Public in and for the State of Alaska,
duly commissioned and sworn as such) personally appeared
Darryl Schaefermever Linda Murphy .
known, to me and to me known to be the A..i.tant City Manager and City Clerk
respectively, of the City of Seward, Ala.ka, and acknowledged to me that the
foregoing instrument was executed by them in their official corporate
....nicipal capacity, and that they executed the ....... pur.uant to the authori-
zation of the City Council of the City of Seward, Ala.ka; that the same was
excuted aa the free and voluntary act and deed of the municipal corporation
to execute the foregoing instrument, and that the seal affixed hereto i. the
corporate seal of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year hereinabove written.
", -0
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Nota",. Pu~rc in aad for Alaska ,
Ky G-o-ission Expites: 7- YcJ -f-<!'
STAtE Oil' ALASIU. )
FIRST ) ..
~ JUDICIAL DISTIlICT)
THIS IS TO CERTIrl
before _, the UJ1der.igned,
duly c.,..;..ioned and sworn
that on the 9th day of
a Notary Public in and for the
aa .uch, per.onally appeared
June ,1982
State of Alaska,
RON B. LIND
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kDown to ... ad to _ knotm to be the Actinq C.....i..ioner of Tranaporta- I
dOll ad Public Facilities for the State of Alaaka, and acknowledge to me !
that the foregoing inatru&lent vas excuted by hila in his official governmental :
capacity, and that he executed the same purauant to the authorization of the i
Stat.. of Alaaka; that the s_ vas excuted aa the hee and voluntary act and i
deed of the State of Alaaka for the uses and purposes therein mentioned, and
that the seal affixed hereto is the corporate aeal of the State of Alaaka.
IB WlTlllSS IlIIEREOF. I have hereUJ1to set my hand and affixed my
Notarial Seal the day and year hereinabove written.
~';'(:<.L~
Notary Public in and for Alaska
K,. Coa8Ii.aion llxpirea: 7-28-84
Peae Three of Three
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