HomeMy WebLinkAboutRes1997-056
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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CONSTRUCTION OF WATER AND
SEWER LINES TO THE HARBOR BOARDWALK LEASE SITES TO BE
FUNDED JOINTLY BY LESSEES AND THE CITY AND AUTHORIZING
THE CITY MANAGER TO PROCEED WITH FINAL NEGOTIATIONS
WITH PROPOSERS FOR BOARDWALK SITES 1 THROUGH 8 FOR 20-
YEAR LEASE AGREEMENTS
WHEREAS, following several public meetings and work sessions, the City Council
instructed the administration to issue a request for proposals for the long term lease of the eight
boardwalk lease sites; and
WHEREAS, in exchange for a long term lease, lessees will be asked to meet local building
codes including the requirement to provide water and sewer service in the structures; and
WHEREAS, the City Council reviewed the proposals submitted and instructed the City
Manager to negotiate long term leases with selected proposers; and
WHEREAS, the City has estimated the cost of providing water and sewer connections to
the boardwalk sites, and the selected proposers have agreed to pay a pro rata share of the utility
construction and installation costs; and
WHEREAS, the proposers and the City are anxious to proceed with installation of the
utilities and completion of the long-term lease negotiations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is authorized to proceed with design and construction of the
water and sewer improvements to the eight boardwalk lease sites contingent upon City Council
approval of construction contracts as provided in the City Code.
Section 2. Funding for the utility improvements authorized in Section 1, above, will be
shared by the lessees benefitting from the improvements, with the City assuming the costs allocated
for Lease Sites 6 and 7 occupied by the Lions Club and the Chamber of Commerce respectively.
Section 3. The City Manager is authorized to proceed with the final negotiation oflong-term
leases with the proposers for Boardwalk Sites I through 8,
Section 4. This resolution shall take effect immediately upon its adoption.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-056
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 28th
day of April, 1997.
THE CITY OF SEWARD, ALASKA
AYES:
NOES;
ABSENT;
ABSTAIN;
Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
None
None
None
ATTEST:
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LEASE AMENDMENT NO.2
(RE-87-062)
THE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized and existing under the laws
of the State of Alaska, hereinafter referred to as "CITY", and KENAI FJORDS TOURS LIMITED PARTNERSHIP, PO
Box 1889, Seward, Alaska 99664, hereinafter referred to as "LESSEE", hereby agree that the lease agreement between
them is amended as follows:
ITEM I, ARTICLE I. DEMISE is amended to define the Leased Land as a parcel of approximately 5,895 square
feet, more or less, described in that land description as modified by Lease Amendment dated May 5, 1988, recorded in
Book 50, at Page 917, in the Seward Recording District, and further modified as follows:
A portion of Block 6, OCEANVIEW SUBDIVISION and ATS 714, Seward Recording District, Third
Judicial District, State of Alaska, described as Seward Small Boat Harbor Boardwalk Lease Site NO.8
and more particularly described as follows:
COMMENCING at the centerline monument located at the intersection of South Access Road (South
Harbor Street) and Fourth Avenue as shown on that certain plat of Marina Subdivision, recorded as Plat
76-1, Seward Recording District, Seward, Alaska; thence along the centerline of Fourth Avenue as shown
on said Plat, North 00 degrees 00'15" West, 153.60 feet; thence at a right angle to said centerline North
89 degrees 59'45" East, 123.00 feet to the TRUE POINT OF BEGINNING; thence parallel to the
aforesaid centerline North 00 degrees 00'15" West, 131.00 feet; thence at a right angle North 89 degrees
59'45" East, 45.00 feet; thence at a right angle South 00 degrees 00'15" East 131.00 feet; thence at a right .
angle South 89 degrees 59'45" West 45.00 feet to the TRUE POINT OF BEGINNING; containing 5,895
square feet, more or less.
ITEM 2. ARTICLE I. DEMISE, insert:
Within ninety (90) days from the effective date of this Lease Amendment No.2, but prior to
commencement of constnlction of the proposed expansion, LESSEE, at its sole cost, will cause a plot plan'
survey of the Leased Land to be performed by a land surveyor registered in the State of Alaska. A copy
of the survey of the Leased Land shall be attached to this Lease as Exhibit B and shall be incorporated
herein by reference. The description of the Leased Land in Exhibit B shall supersede the description in
the above-referenced Lease Amendment, dated May 5, 1988, and shall be considered the correct
description of the Leased Land for all purposes under this Lease.
ITEM 3. ARTICLE V. LEASE TERM, Section 1 entitled Commencement and Expiration, is amended to read:
"The term of this Lease shall be from November 12, 1987 through November 11,2027, provided that constnlction of the
proposed expansion project, per plans approved by CITY, shall have commenced prior to September 30, 1997."
ITEM 4. ARTICLE VI. RENT, Section 1, Line 3 is amended to read: "... on or before the twentieth day of
the first month of each quarter; i.e., January 20, April 20, July 20, and October 20."
ITEM 5. ARTICLE VI., RENT, Section 2, is amended as follows:
2. Rental Rate. From Febr.uary 10, 1997 through June 30, 2000, the annual rental rate shall be
$5,659, after which date the rental rate shall be subject to adjustment as set forth below. Beginning July
I, 2000, and thereafter, not less than ninety (90) days. . ."
ITEM 6, ARTICLE VIII. CONSTRUCTION BY LESSEE, Section I entitled Lessee's Right to Build-General
Conditions, is amended by inserting the following:
(e) Lessee shall, as part of its building expansion proposed in this Amendment No, 2, rebuild,
alter, and/or remodel its existing building to provide restrooms fully accessible and available for use by
LEASE AMENDMENT NO.2 (81-062)
Page I
the general public. Such restrooms shall be maintained by Lessee and open to the public during Lessee's
regular business hours between May I and September 30,
In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties.
IN WITNESS WHEREOF, the parties hereto have executed this document, and it is effective this _ day of
,1997.
LESSOR:
LESSEE:
CITY OF SEWARD, ALASKA
KENAI FJORDS TOURS LIMITED PARTNERSHIP
y Manager
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TIllS IS TO CERTIFY that on ::~J'~:: of ~" /11 , 1997, before me, the undersigned, a Notary Public in and for
the State of Alaska, personally appeared Rona d A. Garzini~ and to me known to be the city manager for the City of
Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing
. ;:' I document on behalf of the City of Seward for the uses and purposes therein set forth.
TMT, CORP" a Washington
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ARY PUBLIC IN AND F~ ALA~M.
Commission Expires: 7/2- ~/ 9'/5
TIllS IS TO CERTIFY that on this ~y of ~ 1997, before me, the undersigned, a Notary Public in and for the
State of Alaska, personally appeared THOMAS C. TOUGAS, Sole Shareholder of TMT Corp., a Washington corporation, General
Partner of KENAI FJORDS TOURS LIMITED PARTNERSHIP, authorized to execute documents on behalf of the Partners~' ~~ld 1/ , 11// I
the individual named in and who executed the foregoing document, and he acknowledged to me that he executed the fore~ d~'!l~L.Dg/'l
for the uses and purposes therein set forth. ~ .' .. '9. ~
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Return to:
City of Seward
PO Box 167
Seward, AK 99664
WITNESS my hand and notarial seal the day and year first hereina v written,
LEASE AMENDMENT NO.2 (87-062)
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