HomeMy WebLinkAboutRes1999-099
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DELETED FROM AGENDA AND APPROVED AT A
LATER DATE AS RESOLUTION 99-105
Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION 99-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN A LICENSE
AGREEMENT WITH THE PHOENIX RESURRECTION FOUNDATION
ALLOWING THEM TO USE APPROXIMATELY 17,500 SQUARE FEET OF
CITY PROPERTY LOCATED DIRECTLY SOUTH OF THE SMALL BOAT
HARBOR'S SOUTH BREAKWATER FOR THE PURPOSE OF CON-
STRUCTING A FULL-SCALE REPLICA OF THE SN PHOENIX
WHEREAS, the Seward City Council approved Resolution 99-040 on April 12, 1999 in
support of the Phoenix Resurrection Foundation's (the "Foundation") efforts to build a full-scale
replica of the SlY Phoenix; and
WHEREAS, the Foundation is a local Alaska nonprofit corporation, recognized with 501
(c) (3) status by the Internal Revenue Service; and
WHEREAS, the Foundation has requested use of a parcel ofland located along the
beach front immediately south ofthe Small Boat Harbor breakwater, an unsurveyed area of
approximately 17,500 square feet in size more or less (the "Property") in order to construct a full-
scale replica ofthe SlY Phoenix and the facilities necessary to do so; and
WHEREAS, the City of Seward's Engineering and Utilities department considered and
reviewed possible sites and recommends this location; and
WHEREAS, the City Council in Resolution 99-053 directed the City Manager to
negotiate an agreement not to exceed 5 years with the Foundation, and the City Manager has
negotiated a license agreement; and
WHEREAS, the Foundation and the City recognize the temporary nature ofthis project and
that the agreement is revocable by the City at will with 90 days notice; and
WHEREAS, nothing included in the license or this authorizing resolution causes the
Property to be considered available for long-term lease at this time or at the conclusion of the
agreement without action by the City Council to that effect; and
WHEREAS, it is recognized that a portion of the Waterfront Park Campground area is
included in the Property, but access to and use of remaining campsites will not be impaired by the
agreement; and
CITY OF SEWARD, ALASKA
RESOLUTION NO. 99-099
WHEREAS, the City Council determines that a license with the Foundation for use of this
Property for no cash payments and for the purposes described would be in the public interest because
ofthe its historical significance, the shipbuilding knowledge that will be transferred, the educational
opportunities, and the community social value of this project that is programmed to coincide with
the City's centennial celebration; and
WHEREAS, it is the intent of the agreement to transfer from the City to the Foundation the
entire burden of compliance with present or future environmental regulations or controls with respect
to the Foundation's operations on all or any portion of the Property during the License term;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is authorized to enter into the attached License Agreement with
the Phoenix Resurrection Foundation that allows use of approximately 17,500 square feet of City-
owned property located directly south of the Small Boat Harbor's south breakwater ("Property") for
the purpose of constructing a full-scale replica ofthe SN Phoenix and the facilities necessary to do
so.
Section 2. It is determined that the attached License Agreement with the Phoenix
Resurrection Foundation for use of the Property for no cash payments and for purposes described
in the License Agreement is in the public interest because of the project's historical significance, the
shipbuilding knowledge that will be transferred, the educational opportunities, and the community
social value of this project that is programmed to coincide with the City's centennial celebration.
Section 3. It is determined that an appraisal ofthe Property is not required and that licensing
use of the Property for less than the fair market rental value of the Property is in the public interest.
Section 4. This resolution shall take effect 30 days following its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26
day ofJuly, 1999.
THE CITY OF SEWARD, ALASKA
Lowell R. Satin, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 99-099
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Patrick Reilly
City Clerk
(City Seal)