HomeMy WebLinkAboutRes1990-062
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL BY
LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL
USE OF THE FOURTH AVENUE DOCK BY THE STATE OF
ALASKA MARINE HIGHWAY SYSTEM
WHEREAS, the homeporting of the M/V Tustumena in Seward is
important to the community; and
WHEREAS, preferential use of the Fourth Avenue Dock and lease
of the "Old Depot" building are essential to the effective
operation of the Alaska Marine Highway System in Seward; and
WHEREAS, the city of Seward, as owner of the "Old Depot"
building, has for many years made these facilities available for
the operation of the Alaska Marine Highway System in Seward;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The city manager is hereby authorized to execute
the LEASE AND DOCK LICENSE AGREEMENT, attached and incorporated
herein by reference, for the "Old Depot" building and the preferen-
tial use of the Fourth Avenue Dock by the Alaska Marine Highway
System.
Section 2. The disposition of such preferential dock use and
building lease by negotiated agreement is in the public interest.
Section 3. The public interest would be served by waiving an
appraisal of the property in accordance with Section 7.05.130 of
the City Code.
Section 4. This resolution shall take effect thirty (30) days
following adoption and posting as required by law.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 11th day of June, 1990.
THE CITY OF SEWARD, ALASKA
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.. ~am C. NOlI:' Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-062
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
NOLL, BURGESS, DUNHAM, HILTON, MEEHAN, SIEMINSKI, SIMUTIS
NONE
NONE
NONE
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
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(City Seal)
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Fred B. Arvidson
City Attorney
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MTL-47
SEWARD
LEASE AND DOCK LICENSE AGREEMENT
THIS AGREEMENT, made this day of
by and between the CITY OF SEWARD, a municipal
organized under and operating pursuant to the laws
of Alaska, hereinafter referred to as the City: and
ALASKA, hereinafter referred to as the State:
, 1990,
corporation,
of the State
the STATE OF
WHEREAS, the parties intend that the State of Alaska, Alaska
Marine Highway System be given certain preferential rights in
exchange for moorage fees paid by the State: and
WHEREAS, in
State requires a
operations:
connection with
building to be
ferry operations,
for ferry offices
the
and
these
used
NOW, THEREFORE, the parties hereby agrees as follows:
1. Property Description: The City leases to the State
that structure commonly known as the "Old Depot" building located
at 501 Railway Avenue, and preferential berthing rights at the
Fourth Avenue Dock, both shown on the uncertified plat titled
"City of Seward Waterfront Tracts," dated September 1, 1969, and
are leased subject to all prior easements, conveyances and
restrictions of record.
2. Preferential Privileges: The State of Alaska, Alaska
Marine Highway System shall have first priority to berth its
ferry vessels at the City of Seward Fourth Avenue Dock. Other
vessels using the dock or any portion thereof which would inter-
fere in any way with the arrival or departure of the State
ferries will be removed immediately upon arrival of the ferry.
Any other activities on the dock which will interfere with these
preferential berthing privileges shall immediately cease upon
arrival of the ferry.
3. Term: The term of the Dock Lease Agreement, and for
the right ~the State to use the Fourth Avenue Dock, shall be
for one (1) year, beginning July 1, 1990, through and including
June 30, 1991. This agreement may sooner terminate by either the
State of City upon ninety (90) days written notice.
4. Fee: The total annual fee to be paid by the State to
the City shall be THIRTY-THREE THOUSAND, SIX HUNDRED NINETY AND
NO/I00 ($33,690.00) DOLLARS, which consists of monthly rental for
the "Old Depot" building for FOUR HUNDRED FIFTY-THREE AND NO/100
($453.00) DOLLARS and an annual fee for preferential berthing and
moorage privileges in the amount of TWENTY-EIGHT THOUSAND, TWO
HUNDRED FIFTY-FOUR AND NO/100 ($28,254.00) DOLLARS.
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5. Dock Use and Parking: The City shall grant to the
State the right to utilize the dock as may be required for all
loading and unloading operations. The City shall provide snow
removal from automobile parking areas and the access to the road.
6. Dock Maintenance: The State of Alaska Department of
Transportation and Public Facilities 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 any fee for vehicles, cargo or passengers moving
across the dock to and from the State ferries.
8. Equipment: All equipment of whatsoever nature as shall
be installed by the State shall continue to be property of the
State and may be removed by State at the expiration of this
Agreement.
9. Other Duties of the State: The State shall:
(a) use and occupy the building and dock in a careful
and proper manner and for lawful purposes only;
(b) not assign this Agreement, nor sublease the
premises, nor any part hereof, without the written consent of the
City, provided, however, such consent shall not be unreasonably
withheld;
(c) provide routine minor maintenance and leave the
premises, at termination of this Agreement, in reasonable condi-
tion less normal wear and tear;
(d) permit the City to enter upon the premises at all
reasonable times to examine their condition;
(e) provide utilities, including fuel oil, electricity
and water, both to the depot building and the M/V TUSTUMENA:
(f) provide necessary janitorial services and supplies
for the space it occupies;
(g) save the City harmless and indemnify it against
any loss, damage, claims 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 occupancy of the building or the
dock or operations connected thereto, except for losses caused by
the City's own negligence;
(h) not alter the exterior appearance of the depot
building without written consent of the City, but may post signs
identifying the building as a ferry ticket office or terminal.
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10. Insurance:
on said premises if
employer's liability
The City shall maintain casualty insurance
it deems necessary, but shall not maintain
insurance on State-owned contents.
IN WITNESS WHEREOF, the parties hereto have executed this
document by their duly authorized officials.
STATE OF ALASKA, DEPARTMENT OF
TRANSPORTATION & PUBLIC FACILITIES
ALASKA MARINE HIGHWAY SYSTEM
CITY OF SEWARD
Sherman D. Burton
Customer Services Manager
City Manager
APPROVED AS TO FORM:
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City Attorney
ATTEST:
City Clerk