HomeMy WebLinkAboutRes1995-049
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Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AMENDMENT NO.1
TO LEASE NO. RE-93-083 WITH THE UNITED STATES
COAST GUARD TO RELOCATE THE LEASE SITE AND TO
AMEND THE TERMINATION DATE
WHEREAS, on August 9,1993, the Seward City Council approved Resolution No.
93-111, authorizing the lease of a parcel of land located within U.S. Survey 4827, west of
Nash Road, adjacent to Spring Creek, Seward Marine Industrial Center, to the United
State Coast Guard, to establish a microwave-telephone link site for its Rugged Island
remote VHF-FM distress radio communications operation; and
WHEREAS, problems have arisen with the site's intended use, and the Coast
Guard has requested relocation of its lease site to a more appropriate site south of Sorrel
Road; and
WHEREAS, although no rents are collected from the lease, it is in the City's best
interest to extend the termination date of the lease for two years in order to align the
lease with the City's five-year lease cyclei
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Amendment No.1 to the United States Coast Guard Lease No. RE-93-
083, relocating the lease site and amending the termination date, is hereby APPROVED,
and the City Manager is authorized and instructed to execute the amendment on behalf
of the City of Seward.
Section 2. A copy of the amendment is attached and incorporated herein by
reference.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
22nd day of May, 1995.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-049
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski
None
None
None
ATTEST:
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Linda S. Murphy, CMC!AAE
City Clerk
(City Sea!llum,
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LEASE AMENDMENT NO.1
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
UNITED STATES OF AMERICA, acting by and through the UNITED STATES COAST
GUARD, hereinafter referred to as "LESSEE", hereby agree that the Lease between them for
a 60' x 60' site within U.S. Survey 4827, west of Nash Road, adjacent to Spring Creek, and
approved by City of Seward Resolution 93-111 on August 9, 1993 and effective September 9,
1993, is hereby amended as follows:
A. Under Paragraph 1, Page 1, delete:
A 60' x 60' site within U.S. Survey 4827, west of Nash Road, adjacent to
Spring Creek, as indicated on the attached site plan Exhibits 1 and 2, for the
purpose of constructing, operating and maintaining a Communications Site
operating at 933.175 MHZ and 942.175 MHZ at 1 watt into a 24.5 DB dish.
Substitute in its stead the following:
Lot 3 (preliminary plat), Block 8, Fourth of July Creek Subdivision, Seward
Marine Industrial Center, Seward Recording District, Third Judicial District,
State of Alaska, as indicated on the site plan attached hereto as Exhibit A.
Exhibit A replaces Attachments 1 and 2.
B.
Also under Paragraph 1, Page 1, insert the following:
a. Survey of Leased Land. Within ninety (90) days from the date of this lease,
LESSEE, at its sole cost, will cause the lease site to be surveyed by a land
surveyor registered in the State of Alaska. A description of the leased land
based upon this survey 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 Exhibit A, and shall be considered the
correct description of the leased land for all purposes under this lease.
b. Platting. CITY intends to re-plat lands in which the leased area is located on
a periodic basis in order to ensure the orderly development of the property and
as leases are entered into with various tenants. If LESSEE requests a re-plat of
the leased land prior to that time, CITY shall assist LESSEE in the preparation
and filing of the re-plat, and LESSEE shall reimburse CITY for the CITY's
direct costs in assisting in the preparation and filing of the re-plat. LESSEE
agrees to sign the plat and any other documents necessary to complete the
platting or re-platting of any area including all or a portion of the leased land.
Lease Amendmen t No. 1
USCG Lease
Page 1
c. Zoning and Permits. CITY represents that the current zoning classification of
the leased land is industrial. LESSEE, at its sole cost, shall obtain all permits
necessary to the construction and operation of its facilities on the leased land.
CITY agrees from time to time upon request of LESSEE to execute such
documents, petitions, applications and authorizations as may be necessary to
obtain from the agency or public body responsible therefor any conditional use
permits, zoning and re-zoning, tentative and fmal tract approval and precise
plan approval that is required for the lawful construction and operation of the
facilities of LESSEE permitted on the leased land by the terms of this lease.
Nothing in this paragraph imposes any duty or responsibility on CITY to assist
LESSEE in obtaining any other permits or approvals, including without
limitation those required by the U.S. Army Corps of Engineers (wetland fill
permits) or the Environmental Protection Agency (Clean Air Act permits).
d. Right to Provide Substitute Leased Land. The upland lease and
improvement development of the Seward Marine Industrial Center is in its
formative stage, and both the CITY and LESSEE see the possibility that
LESSEE's use of the leased land may not be the long term highest and best use
of the leased land. CITY reserves the right to a one-time relocation of
LESSEE from its present leasehold as described in Exhibit A of this lease to a
mutually acceptable location. For purposes of this section, a "mutually
acceptable location" shall mean a location that is shown by appropriate
engineering studies to be at least as suitable as the leased land for a
microwave-telephone link site for LESSEE's Rugged Island remote VHF-FM
distress radio communications site, and that has public access similar to the
leased land, and that is served, or is capable of being served, by electrical and
land line telephone utilities. CITY shall pay for LESSEE's actual, documented
and certified total costs of physically relocating to the new location only,
without payment for any amounts of lost profits, incidental or consequential
damages or any other costs or expenses as the result of CITY's exercise of its
rights under this paragraph, it being the intent of the parties that all costs of
relocation, including engineering studies, construction or relocation of property,
extension and connection of utilities, permitting and all other costs reasonably
necessary to provide an operable site at the new location, shall be reimbursable
costs. In the event CITY desires to exercise its right under this paragraph, it
shall so notify LESSEE in a writing that includes a description of the proposed
new location, and the parties shall within thirty (30) days thereafter commence
engineering studies and other work necessary to determine the suitability of the
proposed new location. If the proposed new location is shown to be a
"mutually acceptable location," LESSEE shall use due diligence to accomplish
the relocation as soon as practicable after such determination. Any
disagreement in connection with the rights and obligations of the parties under
this paragraph shall be referred to arbitration as described below.
Lease Amendment No.1
USCG Lease
Page 2
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C. Under Paragraph 2, Page 1, amend termination date from July 31,2003 to June 30,
2005.
In all other respects the lease is to remain unchanged and in full force between the
undersigned.
IN WITNESS WHEREOF, the parties hereto have executed this document and it is
effective this _____ day of ___________________, 1995.
LESSOR:
LESSEE:
CITY OF SEWARD, ALASKA
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
Tyler Jones, City Manager
William T. Davis, LCDR, USCG
Chief, Real Property Branch
Maintenance and Logistics Command, Pacific
By direction of the Conunander
Attest:
Linda S. Murphy, City Clerk
(City Seal)
Lease Amendment No.1
USCG Lease
Page 3
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