HomeMy WebLinkAboutRes1990-151
.
.
.
Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A COOPERATIVE LAND AGREEMENT WITH THE
UNIVERSITY OF ALASKA REGARDING TRACT 1, SEWARD WATERFRONT
TRACTS AND LOTS 1-7, BLOCK 23 AND LOTS 1-7, BLOCK 24,
FEDERAL ADDITION
WHEREAS, the City of Seward has long supported the development
of the University of Alaska (U of A), Institute of Marine Science
(IMS), Seward Marine Station; and
WHEREAS, the University of Alaska desires a longer lease term
on Tract 1, Seward Waterfront Tracts for the development of port
and research facilities in support of ocean research vessels; and
WHEREAS, the City has supported, in favor of the University of
Alaska, the vacation of an unused portion of the First Avenue right
of way on the hillside above the Seward Marine Station for use in
developing water storage tanks to enhance their salt water system;
and
WHEREAS, the City desires to acquire Lots 1-7, Block 23 and
Lots 1-7, Block 24, Federal Addition as part of the Two Lakes Park;
and
WHEREAS, the City desires to acquire a land use permit to
allow the continued use of a portion of University land for a fish
mitigation spawning channel; and
WHEREAS, the City of Seward and the University of Alaska have
come to a mutual agreement by which these land trades can be
cooperatively completed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The cooperative land agreement with the University
of Alaska is approved and consists of the lease, quitclaim and land
use permit plus the already concluded vacation of a portion of the
First Avenue right of way.
Section 2. The City Manager is authorized to execute the
attached agreement, incorporated herewith by reference, to lease
Tract 1, Seward Waterfront Tract, to the University of Alaska for
a 99 year term beginning July 1, 1970 through June 30, 2069 at no
cost.
-1-
.
.
.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-151
Section 3. The City Manager is authorized to accept the
attached quitclaim deed, incorporated herewith by reference, of
Lots 1-7, Block 23 and Lots 1-7, Block 24, Federal Addition
from the University of Alaska to the City of Seward, to become part
of the Two Lakes Park.
Section 4. The City Manager is authorized to execute the
attached Land Use Permit, incorporated herewith by reference, from
the University of Alaska allowing the City of Seward to construct
and maintain a fish spawning mitigation channel within a portion of
the Jap Creek flood plain in the SW 1/4 S27 T1N R1W SM for a period
from July 1, 1989 through June 30, 2088.
Section 5. It is in the public interest to complete these
land transactions without benefit of an appraisal and at less than
fair market value.
Section 6. This resolution shall take effect thirty (30) days
after its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 10th day of December, 1990.
THE CITY OF SEWARD, ALASKA
~~
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Hilton, Meehan, Noll and Sieminski
None
Burgess and Krasnansky
None
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
City of Seward, Alaska
('1 /
(, .. I .--:----.
t ,,1' dt.-Iv' J /!-JA-v 1
Fred B. Arvidson
City Attorney
(City Seal)
-2-
.
.
.
BOOK (00 PAGE 15 I
,~w"rd Recording District
QUITCLAIM DEED
The Grantor, Board of Regents of the University of Alaska as
Trustee for the University of Alaska, whose address of record is
910 Yukon Drive, suite 211, Fairbanks, Alaska 99775, for $10 and
other good and valuable consideration hereby coveys and quitclaims
to the Grantee, City of Seward, a home-rule municipal corporation
whose mailing address or record is P.O. Box 167, Seward, Alaska
99664, the following described real property in the Seward
Recording District of the state of Alaska:
U.S. Survev No. 1116. Alaska
Lots 1, 2, 3, 4, 5, 6, and 7, Block 23
Lots 1, 2, 3, 4, 5, 6, and 7, Block 24
containing 86,117 square feet more or less.
According to the GLO survey Plat of U.S. Survey 1116,
Alaska, the Federal Addition to Seward, located in
Township 1 south, Range 1 West, Seward Meridian, Alaska
approved by the United states Department of the Interior,
General Land Office, in Washington, D.C. on May 22, 1916.
Subject to: Platted easements and reservations.
The conveyance of the real property described above is sUbject to
the restrictions imposed by section 6(i) of the Alaska Statehood
Act, Public Law 85-508 (72 Stat. 339), and
Subject to such rights, if any, as may be afforded the state of
Alaska under section 8 of the Act of July 16, 1966, 14 stat. 253,
43 USCA S 932 (R.S. S 2477) (Repealed by Public Law 94-579, Title
VII, S 706(a), October 21, 1976,90 stat. 2793).
The Grantee, by acceptance of the Deed, has and does agree to
provide reasonable access to the public to all navigable and public
waters on or adjacent to the above-described real property. The
Grantee further agrees that before Grantee develops or conveys any
interest in the real property described above, Grantee shall
identify and plat such easements or rights of way as may be
reasonably necessary to insure free public access to all navigable
or public waters on or adjacent to the real property described
above and to notify the state of Alaska of their location.
QD paR USS 1116
1
dlJOt<. i O() PAGE '1 RJ
""ward Recording District
.
Dated this
7th
day of
March
1991 .
BOARD OF REGENTS, as Trustees for
THE UNIVERSITY OF ALASKA
~L/)
~
. "-,)'=
Bnan Ro?er..s . r-,~
Vi ce Pre i deht for . ance
By:
Its:
ACKNOWLEDGEMENTS
.
STATE OF ALASKA )
) ss
FOURTH JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this 7r~ day of ~1Z~ ,
199/, before me, the undersigned, a Notary Public, in and for the
State of Alaska, personally appeared Brian Ro ers ice President for ,Finance)
known to me and to me known to be the Pr9siacnt of the University
of Alaska, a constitutional corporation, organized and existing
under the laws of the State of Alaska, and who acknowledged to me
that he executed the foregoing document on behalf of the
corporation by authority given him by the Board of Regents as the
voluntary act and deed of said corporation for the uses and
purposes herein mentioned.
WITNESS my hand and notarial seal the day and year first
hereinabove written.
,'....
~\\\\.. G r't
....'. :~. .ti. >
,> ~ ~ .#...........~. ' ,.
.-:;' ~...:.... , .~"'.. iT ::
.':: UJ : '" :\ [\ 'U \.;;
:; c:.!.i: .. \ ..J...... ........, ~ : I ::
~"? . '" ,. \ '\. . -
:::. ':. pli~V :t"' ~
~.-:t.... "A ..,.:::
......... .. (oJ :::
;i'-;. ~.. .... "...~' /:..
'}o <.l ':'Io....~,...."..,," \.~.
'y,_ (,4 7~r" c'~ '
r -~. l,
. "'n~.
Alaska
.
QD POR USS 1116
2
.
BOOKJ..a..o-?AGP.l S3
Seward Recordinu :::;::Jt.-:<;;:
ACCEPTANCE
Grantee hereby accepts title to the above-described property
subject to the obligations set forth in this Deed.
Dated this ~ day of March
, 199~.
ATTEST:
~-V~-..c:,~ .j.~
LI~DA\~. PHY, CMC/AAE
CJ;Tt--CLERK
.
"
I; i' <~-: ~ -~ r-
~ ~: J.
(ci~y Seji],.)
.
~ .;J ~"v.:
. ~,..' '. r~ ~ l <r
, ~"l~ ':~' I'; [ 1 1 \ '" ~ <_ ',-
. 'f; ~ ", .., ~ . . '" "
'.. . or r , , .
,,~. ~ .'
Return to:
QD POR USS 1116
o
.
~
~ .
'.
CITY OF SEWARD
~
CITY MANAGER
APPROVED AS TO FORM: Perkins coie,
Attorneys for the city of Seward
?-l A./~
FRED B. ARVIDSON
CITY ATTORNEY
9 1- 0 3 7 9 00
~1.
City of Seward
P.O. Box 167
Seward, Alaska 99664
4FR B
,EUGl: _' -'
Lu~t~
.\ODRE )$
3
.
.
.
LEASE AGREEMENT
-, ~. ~
This Agreement, made and entered into this I - day of
/" -I , 1991, by and between the CITY OF SEWARD, a home-
rule municipal corporation located in the Kenai Peninsula Borough,
state of Alaska, whose known address is P.O. Box 167, Seward,
Alaska 99664 (hereinafter referred to as "city"), and the
UNIVERSITY OF ALASKA, whose known address is 910 Yukon Drive, suite
211, Fairbanks, Alaska 99775 (hereinafter referred to as "Lessee") .
WIT N ESE T H :
WHEREAS, city and Lessee are mutually interested in the
development of marine research, port, educational, and visitor
education facilities with the City of Seward, Alaska; and
WHEREAS, City and Lessee have reached agreement on a variety
of land issues in the City of Seward, which agreement includes the
lease of the herein described property to the lessee for 99 years
at a nominal charge.
-
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE RENTS,
COVENANTS, AND CONDITIONS HEREIN CONTAINED, CITY AND LESSEE AGREE
AS FOLLOWS:
ARTICLB I.
DEMISE
city leases to Lessee, and Lessee leases from the city that
certain real property herein called "Leased Land," situated in
Seward, Alaska, Third Judicial District, state of Alaska,
consisting of approximately 7.133 acres, including tidelands, and
more particularly described as follows:
All of Tract One (1) city of Seward, Waterfront Tracts,
as shown on the survey of same prepared by Hewitt V.
Lounsbury and Associates, dated September 1, 1969, and
made a part of the Lease as exhibit"A", attached hereto
and by this reference made a part thereof.
U of A Leue RE.o17lt028
1
.
.
.
ARTICLE II.
CITY'S WARRANTY OF QUIET ENJOYMENT
Lessee, upon paying the rent and observing and keeping the
covenants, conditions and terms of this Lease on Lessee's part to
be kept or performed, shall peacefully and quietly enjoy possession
of the Leased Land during the term of this Lease without hindrance
by, from or through city, subj ect, however to any encumbrances
created or caused by Lessee. .
ARTICLE III. . LEASED LAND ACCEPTED "AS IS"
Lessee has inspected the Leased Land and accepts the same "as
is" and without reliance on any representations or warranties of
ci ty, or agents of City, as to the physical condition thereof,
except as expressly herein provided. Lessee at its sole cost and
expense shall have the right to raze, tear down or remove any
buildings, structures or improvements presently situated on the
Leased Land. All funds and proceeds, if any, obtained by Lessee
from the disposition of such buildings, structures or improvements
may be retained by Lessee. Lessee is aware of the easements as
shown on the attached exhibit "A" and agrees to lease the property
subject thereto.
ARTICLE IV.
USE OF LEASED LAND
1. Lessee may use the Lease Land for the construction and
operation of marine research, port, education and visitors
facilities and for other educational and research purposes.
2. No assignment or sublease shall be permitted unless
approved in writing by the city. Such approval shall not be
unreasonably withheld.
ARTICLE V.
LEASE TERM
1. Commencement and Expiration. The term of this Lease
shall be ninety-nine (99) years, commencing July 1, 1970 and ending
June 30, 2069.
2. Options and extensions. At the expiration of this lease,
by inaction of the parties, the lease shall be deemed to continue
from month to month.
3. Surrender of Possession.
(a) Upon expiration of the Lease Term, whether by lapse
of time or otherwise, Lessee shall promptly and peacefully
surrender the Leased Land.
U of A Leue RE-01711028
2
.
.
.
(b) Upon the expiration of the Lease Term or any sooner
termination of this Lease, Lessee agrees to execute, acknowledge
and deliver to city a proper instrument in writing, releasing and
quitclaiming to the City all right, title and interest of Lessee in
and to the Leased Land and all improvements thereto not removed by
Lessee as provided herein.
ARTICLE VI.
RENT.
The rental for the Leased Land shall be determined and paid as
follows:
1. There shall be no rent due under this lease so long as the
site is used by Lessee for the construction and operation of marine
research, port, education and visitors facilities.
2. Should Lessee fail to use the property primarily for marine
research, port, educational or visitor center purposes for a period
of three (3) years, the lease rate may, during such period of other
use, be increased to the property's full fair market value as
determined by an appraisal made by a mutually acceptable qualified
M.A.I. appraiser. The appraisal will be subject to review and
approval by Lessee. As an option to payment of fair market value
rent, Lessee may terminate this Agreement.
ARTICLE VII. OPTION TO LEASE ADDITIONAL LAND
There is no option to lease additional land. However, it is
understood that the Lessee is in the process of procuring a new
research vessel to be home ported on the Leased Land, and is
interested is procuring additional land to support the operations
of that vessel. The city understands Lessee's needs and agrees to
work in good faith with Lessee toward the joint use of Tracts 2 and
3, City of Seward Waterfront Tracts, provided it does not interfere
with the proposed Seward Association for the Advancement of Marine
Science (SAAMS) marine mammal center or any other city projects.
ARTICLE VIII. ASSESSMENTS
1. Lessee to pav assessments. Lessee, during the lease term,
agrees to pay directly to the public authorities charged with
collection thereof any and all assessments levied on the Leased
Land for a part of or all of the cost of any public work or
improvement assessed according to benefit found by the levying
authority to accrue therefrom to the Leased Land. If an option is
given to pay such assessment in installments, Lessee may elect to
pay the same installments, and in such case Lessee shall be liable
only for such installments as shall accrue during the Lease Term.
U of A Lcue RE.o17/1028
3
.
.
.
2. Contest. Lessee shall have the right to contest or review
any assessment, levy, fee, water or sewer charges or rents, or any
other governmental charges which Lessee is obligated to pay. In
the event of any reduction, cancellation or discharge, Lessee shall
pay the amount that shall be finally levied or assessed against the
Leased Land or adjudicated to be due and payable and, if there
shall be any refund payable by the governmental authority with
respect thereto, Lessee shall be entitled to receive and retain the
same.
3. Lessee to pav utilitv Charaes. Lessee shall payor cause
to be paid all charges for water, heat, gas, electricity, sewers,
and any and all other utilities used upon the Leased Land
throughout the lease term, including any connection fees.
ARTICLE IX.
CONSTRUCTION BY LESSEE
1. Lessee's riaht to Build -- General Conditions. Lessee
shall have the right at any time and from time to time during the
lease term to erect, maintain, alter, remodel, reconstruct, rebuild
and replace building(s) and other improvement(s) on the Leased
Land.
2. Lessee's OwnershiD of Trade Fixtures. Machinerv and
EauiDment. It is expressly understood and agreed that any and all
trade fixtures, machinery and equipment of whatsoever nature at any
time constructed, placed or maintained upon any part of the Leased
Land by Lessee shall be and remain the property of Lessee or its
tenants as their interests may appear and may be removed or
replaced at any time during the lease term, provided Lessee or its
tenants repair any and all damage to the Leased Land resulting from
such removal or replacement.
3. Lessee's Riaht to Remove Improvements and OwnershiD
Thereof. Lessee shall have the right to remove any buildings or
improvements constructed or placed upon the Leased Land by Lessee,
prior to the expiration of the Lease. Any buildings or
improvements not removed within one year of expiration of the Lease
shall become the property of city without the payment of any
compensation to Lessee.
ARTICLE X.
NOTICE OF NON-RESPONSIBILITY
The City may, as contemplated by Alaska statutes 34.35.065 (as
now enacted or hereinafter amended) give notice of non-
responsibility for any improvements constructed or made by Lessee
on the Leased Land.
U of A Leue RE.()17n028
4
.
.
.
AR'l'ICLB XI.
INDEMNI'l'Y
Except for claims arising of acts solely caused by the
negligence of the City or its representatives, Lessee agrees to
protect, indemnify, defend and save harmless the city from and
against any and all liability arising from acts or omissions of any
nature whatsoever of Lessee's officers, servants, employees,
contractors, tenants, agents or invitees causing injury to or death
of persons or loss of or damage to property during the Lease Term.
AR'l'ICLB XU.
INSURANCB
Lessee, during the Lease Term, shall maintain an amount of not
less than $1,000,000 comprehensive liability coverage for premises
operations, broad-form property damage and personal injury. The
minimum requirements in this section may be increased from time to
time by the City in accordance with customs and usage for
comparable property in the Seward Metropolitan area.
Lessee may provide said insurance required in the form of a
blanket policy or through a self insurance program, provided Lessee
furnishes evidence satisfactory to the City indicating the coverage
thereunder is at least equal to the coverage obtainable under a
separate policy covering the Leased Land only.
Said insurance policy shall contain an agreement by the
insurers that such policies shall not be canceled without at least
thirty (30) days; prior written notice to the City, and
certificates or copies of all such insurance policies shall be
furnished to the city promptly after the issuance thereof.
AR'l'ICLB XIII. CARB OF LEASBD LAND, ACCBSS OF 'l'HB CI'l'Y
1. Care of Leased Land. Lessee at its own cost and expense
shall keep the entire Leased Land and all buildings and
improvements which at any time may be situated thereon in good,
clean, safe and tidy condition and repair during the Lease Term.
2. Access Riahts of the citv. The City and its agents or
representatives shall have the right to enter into and upon the
Leased Land during reasonable hours for the purpose of inspecting
the Leased Land.
U of A Lcue RE~1711028
5
.
.
.
ARTICLB XIV.
COMPLIANCE WITH LAWS
Lessee shall comply with all applicable laws, ordinances and
regulations of duly constituted public authorities now or hereafter
in any manner affecting the Leased Land or any buildings,
structures or improvements situated hereon. Lessee further agrees
it will not permit any unlawful occupation, business or trade to be
conducted on said premises or any use to be made thereof contrary
to any law, ordinance or regulation as aforesaid with respect
thereto.
ARTICLE XV.
EMINENT DOMAIN
1. Interest of Parties in Condemnation. In the event the
Leased Land or any part thereof shall be taken for public purposes
by condemnation as a result of any action or proceeding in eminent
domain, or shall be transferred in lieu of condemnation to any
authority entitled to exercise the power of eminent domain, the
interests of the city and Lessee in the award of consideration for
such transfer and the effect of the taking or transfer upon this
Lease shall be as provided by law.
In the event the extent of the taking makes impracticable the
continued operation of the Lessee's use of the property for its
research or educational or visitor center purposes, upon written
notification by Lessee, this Lease and all of the right, title and
interest thereunder of Lessee shall cease on the date title to such
Land so taken or transferred vests in the condemning authority.
Lessee shall be entitled to and shall receive all compensation
related to the condemnation of the improvements located on the
Leased Land and the value of its leasehold interest in the Leased
Land. Lessee shall also be entitled to compensation representing
the value of Lessee's displacement and loss of operation, which
compensation lessee shall negotiate separately with the condemning
pUblic entity.
2. Partial Takinq -- continuation of Lease. In the event the
taking or transfer of a part of the Leased Land leaves the
remainder of the Leased Land in such location and in such form,
shape or size, or so accessible as to be effectively and
practicably usable in the opinion of the Lessee for the purpose of
operation thereon of Lessee's business, this Lease shall terminate
and end as to the portion of the Leased Land so taken or
transferred as of the date title to such portion vests in the
condemning authority and the condemning authority enters into
possession but shall continue in full force and effect as to the
portion of the Leased Land not so taken or transferred.
U of A Lease RE-017n028
6
.
.
.
.
ARTICLB XVI.
ARBITRATION
Any controversy or claim ar1s1ng out of or relating to this
Lease, or the breach thereof, shall be settled by arbitration in
the Seward, Alaska, or with the consent of both parties in
Anchorage, Alaska, and judgement upon the award may be entered in
any court having jurisdiction thereof.
ARTICLB XVII. DEFAULT AND TERMINATION
1. Lessee may terminate this Agreement at any time by giving
a written notice of thirty (30) days to the city.
2. Lessor may terminate this Agreement if Lessee fails to take
reasonable steps to keep and perform any of the covenants or
conditions of this Lease within ninety (90) days after written
notice of default.
3. If the leasehold interest hereunder is abandoned by Lessee,
abandonment being herein defined as non-use for a three (3) year
period; then, city may at city's option, with six (6) months'
written notice to Lessee, terminate this Lease. Upon termination
of this Lease as aforesaid, Lessee shall surrender possession of
the Leased Land to the city and remove all Lessee's effects
therefrom and may remove all Lessee's building and other
improvements, and lessee shall have no further rights hereunder or
with respect to the Leased Land.
ARTICLB XVIII. GENERAL PROVISIONS
1. EstoDDel certificates. Either party shall at any time and
from time to time, upon not less than thirty (30) days' prior
wr i tten request by the other party, execute, acknowledge, and
deliver to such part , or to its designee, a statement in writing
certifying that this Lease is unamended and in full force and
effect (or, if there has been any amendment thereof, that the same
is in full force and effect as amended and stating the amendment or
amendments), that there are no defaults existing (or, if there is
any claimed default, stating the nature and extent thereof); and
stating the dates to which the rent and other charges have been
paid in advance. It is expressly understood and agreed that any
such statement delivered pursuant to this section may be relied
upon by any prospective assignee or tenant of the Leasehold Estate,
or estates, or lessee or any prospective purchaser of any lender on
the security of the Leased land or the fee estate, or any part
thereof.
U of A Leue RE.{lt7/1028
7
.
.
.
2 . Conditions and covenants. All the provision of this Lease
shall be deemed as running with the land, and shall be construed to
be "conditions" as well as "covenants, II as though the words
specifically expressing or imparting covenants and conditions were
used in each separate provision.
3. No Waiver of Breach. No failure by either the city or
Lessee to insist upon the strict performance by the other of any
covenant, agreement, term or condition of this Lease or to exercise
any right or remedy consequent upon a breach thereof, shall
constitute a waiver of any such breach or of such covenant,
agreement, term or condition. No waiver of any breach shall affect
or alter this Lease, but each and every covenant, condition,
agreement and term of the lease shall continue in full force and
effect with respect to any other then existing or subsequent
breach.
4. Time of essence. Time is of the essence of this Lease and
of each provision.
5. Successors in Interest. Each and all of the covenants,
conditions and restrictions in this Lease shall inure to the
benefit of and shall be binding upon the successors in interest of
City and the authorized assignees, transferees, tenants, licensees
and other successors-in-interest of Lessee.
6. Entire Aareement. This Lease contains the entire
agreement of the parties with respect to the matters covered by the
Lease, and no other agreement, statement or promise made by any
party, or to any employee, officer or agent of any party, which is
not contained in this Lease shall be binding or valid.
7 . Governina Law. This Lease shall be governed by, construed
and enforced in accordance with the laws of the state of Alaska.
8. Partial Invaliditv. If any term, covenant, condition or
provision of this Lease is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions shall remain in full force and effect and shall in
no way be affected, impaired or invalidated.
9. RelationshiD of Parties. Nothing contained in this Lease
shall be deemed or construed by the parties or by any third person
to create the relationship of principal and agent or of partnership
or of joint venture or of any association between the City and
Lessee; and neither the method of computation of rent nor any other
provision contained in this lease nor any acts of the parties,
shall be deemed to create any relationship between the City and
Lessee other than the relationship of lessor and lessee.
U of A LeaIe RE-01711028
8
.
.
.
10. InterDretation. The language in all parts of this Lease
shall in all cases be simply construed according to its fair
meaning and not strictly against the City of Lessee. Unless
otherwise provided in this Lease, or unless the context otherwise
requires, the following rules of construction shall apply to this
Lease:
(a) Number and Gender. In this Lease, the neuter gender
includes the masculine and the feminine, and the singular number
includes the plural; the word "person" includes corporation,
partnership, firm or association wherever the context so requires.
(b) caDtions. Captions of the articles, sections and
subsections of this Lease are for convenience and reference only,
and the words contained therein shall in no way be held to explain,
modify, amplify or aid in the interpretation, construction or
meaning of the provisions of this Lease.
11. Amendment. This Lease is not subject to amendment except
in writing executed by all parties hereto.
12. Notices. All payments of rent shall be either hand
delivered or sent, postage prepaid, through the United states mail
to Lessor at the address below. All notices referred to in this
Agreement shall be sent certified mail, return receipt requested,
to the parties at the addresses shown below and shall be deemed
given three (3) days after deposit in the mail.
LESSOR
LESSEE
City of Seward
P.O. Box 167
Seward, Alaska 99664
University of Alaska
Facilities Planning and
Construction
910 Yukon Drive, Suite 211
Fairbanks, Alaska 99775
13. Broker's Commission. Each of the parties represents and
warrants that there are no claims for broker's commissions or
finder's fees in connection with the execution of this Lease.
ARTICLE XIX.
RECORDING
The parties may, concurrently with the execution of this Lease,
execute, acknowledge and record a memorandum of lease. FOllowing
recording, the memorandum of lease shall be attached to this Lease.
U of A Leue RE~1711028
9
.
ARTXCLB xx.
KODIPXCATXON OP EARLIER LEASE
The lease agreement between the city of
University of Alaska dated September 25, 1970,
Seward Recording District and amended July 10,
terminated.
Seward and the
Page 4 Book 50R
1975, is hereby
LESSOR:
CITY OF SEWARD
LESSEE: UNIVERSITY OF ALASKA
~?~
D SCHAEFERMEYER
CITY MANAGER
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
City of Seward, Alaska
-Qr.~~:~J~.~
.~LINDA S. MURPHY, CMC/AAE
CITY CLERK
~~ 1\.1 bt:-
FRED B. ARVIDSON
CITY ATTORNEY
(City Seal)
.
U of A Leue RE-Ot7/1028
10
.
.
.
STATE OF ALASKA )
)ss.
FOURTH JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this I ~ day of ~1vI.. Jv,~ ,
199J, before me, the undersigned, a Notary Public in and for the
State of Alaska, duly commissioned and sworn as such, personally
- 11
appeared"'c 1'., 1/ ,( I: /-Ih',- , known to me and to me
known to be the I)" (c,.z..- ;;(~,,-,.f,.>?,;./:.{<~ ~~ of the University
of Alaska, a const1tutional corporation , organized and existing
under the laws of the State of Alaska, and who acknowledged to me
that he executed the within and foregoing Agreement on behalf of
said corporation, as such officer thereof, by authority of its
Board of Regents, as the vOluntary act and deed of said
corporation, for the uses and purposes therein mentioned.
WITNESS my hand and notarial s~l the day and year first
hereinabove written. .,/ /)(
. ~ - AC()JI~
N tary Publ1C 1n and for Alaska
y Commission Expires: f"2 - 0-. '1/
U of A Leue RE-017/1028
11
~
.
I
.
.
.
LAND USE PERMIT
The University of Alaska, a constitutional corporation, organized
and existing under the laws of the state of Alaska, through its
Statewide Office of Facilities Planning and Construction, located
at 910 Yukon Drive, suite 211, Fairbanks, Alaska 99775, hereby
permits the city of Seward, a home-rule municipal corporation,
whose know address is 305 Fifth Avenue, P.O. Box 167, Seward,
Alaska 99664 (hereinafter "Permittee"), the right to use the
property described as:
A portion of the E1/2 SW1/4 SW1/4, W1/2 SE1/4 SW1/4 section
27, Township 1 North, Range 1 West, Seward Meridian, and more
particularly described as follows:
A strip of land 10 feet wide by 350 in length
encompassing one channel of Jap Creek Slough above the
confluence with the Resurrection River; said channel
being located approximately 600 feet north of the
southerly boundary of section 27 and being between 1200
and 1600 feet east of the westerly boundary of section
27, township 1 North, range 1 West, Seward Meridian.
as shown on Attachment "A", attached hereto and by this reference
made a part hereof, for the purpose of construction, operation and
maintenance of a fish mitigation spawning channel, subject to the
fOllowing general requirements.
1. This Permit conveys no interest in the above-described
property. This Permit is nonrenewable, but may be reissued
upon application by the Permittee at the University's
discretion. This permit is revocable for cause only, and
then, only after Permittee has had sixty (60) days to cure
said cause. Revocable cause shall include non-use of the
property for a fish mitigation spawning channel for a
continuous two-year period. This Permit is non-transferrable.
It is issued to authorize specific activities requested by the
Permittee.
2. Existing valid uses shall not be prevented or restricted by
Permittee's use of the property.
Land Use Permit
1
.
.
.
3.
This Land Use Permit is subject to the following conditions:
Permittee agrees to defend, indemnify and save harmless the
University of Alaska, its Board of Regents, officers and
employees from all claims, demands, judgements, costs and
expenses (including reasonable attorney's fees) which may
arise by reason of injury to any person or damage to any
property attributable to any act or omission of the Permittee,
its officers, employees and agents, stemming from the
Permittee's use and occupancy of the property.
4. The permitted use shall begin on or after July 1, 1989 and
terminate on or before June 30, 2088. Upon termination,
Permittee shall be afforded an additional thirty (30) days
within which to remove it possessions.
5. special stipulations noted on Attachment "B" are attached
hereto and by this reference made a part hereof.
This Permit is effective upon the University of Alaska's receipt of
a fully executed document containing original signatures by both
parties.
PERMITTEE
~
city Manager
city of Seward
UNIVERSITY OF ALASKA
MARTIN EPSTEIN
Date:
February 17,1991
Date:
ATTEST:
.v~ "L r ',o_~ .~
PATRICIA J. JONES
ACTING CITY CLERK
(City Seal)
Land Use Permit
2
ATTACH~lE:H A
Attac' nt to the Pennit Agreement bet~ 1
the UnIversity of Alaska as Permiter, ar.y
the City of Seward, as Permittee.
.~
I I
I~
z,
-
~
~ .
.....:
~~ ~
~~ ~
....... ~
~, "
\)
::~ ...
", .
..... ~
~""
~
Ill... <
,'" ~
(':
.. t: oJ
~ ~ ~
. Il
...
~
..
-0
A'///~//F
..
.
i
...
i
..
~
~ ~
~ V)
lit
"
....
.
-!:. .
...
..
~ .
.
-
-
'" .
:a
~ f(
10I
\c1. ~
~ ~
0
f ,
-.-
.'
.
I . -
1
,
I
:t
.
. I
..
..
--
,,~
-.. I
~~ I
~c
.,:
~ <:)
....
~ .
,
~. .
II
j .
~ , ~
~
~ ..
. .
II'f
I I
-
o
o.n
...,
E
-
o
-
..
C1l
N
.-
tn
....,
U
ell
....,
o
s..
c..
~
. ~
~
E I,/)
~ !I\
~ ~
.
~ ~ 3:
"l "
. ,...
NOT 1C1 5C4LE
Page 2
.
.
.
LAND USE PERMIT
ATTACHMENT B
All activities shall be conducted so as to minimize disturbance of
drainage systems, course and character of waterbodies, seeps or
marshes.
Permittee shall not harass or disturb fish or wildlife resources.
Permittee shall maintain the property in a clean, sanitary and safe
condition.
All due care shall be taken to prevent or suppress any fire in the
permitted area. Uncontrolled fires shall be reported immediately.
All survey monuments and accessories, such as witness corners,
reference monuments and bearing trees, shall be protected. Any
damaged or destroyed markers shall be re-established in accordance
with accepted survey practices.
The university may inspect or use its property prior to the
termination of this Permit, provided that such use does not
interfere with Permittee's permitted use of the property. Notice
of such action will be provided to the Permittee.
The Permittee, upon completion of its
sole cost, restore the university's
satisfactory to the university.
activities, shall, at its
property to a condition
Permittee shall assume sole responsibility for acqu1r1ng all
permits and authorizations necessary to utilize the property for
fish mitigation spawning purposes.
Any informational signs on the property shall acknowledge the
University of Alaska as owner of the property.
Land Use Permit
3