HomeMy WebLinkAboutRes1987-021
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Sponsored by: GARZINI
CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE LEASE OF LAND AND LICENSE
TO DISPENSE FUEL ACROSS CITY-OWNED DOCKS, WHARVES AND
FLOATS TO MARATHON FUEL CORPORATION
WHEREAS, it is in the public interest to have a fuel
marina available to boaters in the Seward area; and
WHEREAS, there is no private land or dock available for
such a marina; and
WHEREAS, a minimal amount of land is required for the
location of underground storage tanks in addition to the use
of a portion of the float system for pumps and a business
location; and
WHEREAS, Marathon Fuel Corporation has purchased the
two existing marina businesses, and plans to operate them as
a single business within its overall fuel business; and
WHEREAS, it is in the public interest to negotiate a
license agreement and lease with Marathon Fuel Corporation
to operate a marina wi thin the Seward Small Boat Harbor,
using already existing facilities;
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 a License Agreement and Lease (attached and made a part
of this Resolution) with Marathon Fuel Corporation to
operate a marina within the Seward Small Boat Harbor. Said
Agreement includes the use of a small portion of real
property for the placement of underground storage tanks.
Section 2. This Resolution takes effect thirty (30)
days following passage.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-021
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this -1L day of April , 19.1U-.
THE CITY OF SEWARD, ALASKA
ifi!;;y c: ~~,.d..
MAYOR
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AYES:
NOES:
ABSENT:
ABSTAIN:
BOOHER, DUNHAM, GIESELER, HILTON, MEEHAN, NOLL & SIMUTIS
NONE
NONE
NONE
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
7~ II/~
Fred B. Arvidson, City Attorney
(City
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CI'lY CF SEWAID
TER-iINAL TARIFF
Rates, Charges, Rules and Regulations
for
city of Seward
Marine Fuel License Agreement/Lease
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Located at:
Sew-drd, Alaska
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MARINE FmL LICENSE JlGRBBIII!Br/LE
NNIB (R (IIBR1d'(B:
Address: -
Phone:
Date of A{.plication: Date of A{.proval:
KJLES 00I1BRNIR2 OPERATICII (R THE FmL IWUNl\
1. SUBJEX:T: The City will grant preferential use of the west (plus or minus)
150 feet of S float for the right to sell petroleum products. The City
will allOlN the operator to place 4 punp stations, operations building,
fuel lines, two signs (one on the south breakwater and one on the
uplands), and 40 I X 50' fenced undergrouoo tank storage area (see attached
sketch map) upon public property for the operation of a fuel marina.
A. The operator shall have the sole responsibility for the building,
maintenance, and operation of all equipnent plaqed on City property.
B. The City shall have the right to inspect and require that all
facilities placed on City property meet all applicable federal, state and
City codes. Failure to corrply will allOlN the City to deny use of the
facility. Inspection by the City does not relieve the operator fran total
responsibility and liability for all equipmant, personnel, or users
occasioned by any cause upon the Harbor premises.
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2.
'rnm.t The term of this Agreement shall be one (1) year fran the date
herein first written, and shall continue thereafter until affirmatively
terminatoo by either party. Such termination shall be made by giving
written notice, by either party to the other, not less than ninety (90)
days prior to the date of termination, except that, if operator is in
violation of this agreement or of any applicable law or safety
regulation, this license may be terminated by the City imrnediatelyand at
any time.
A. This Agreement does not supersede existing fuel licenses for
dispensing petroleum products fran public docks and wharves which have no
fixed fueling stations.
B. Failure to meet the requirements in Paragraph 4, may result in
termination of this Agreement. .;
3. ~ The operator shall pay to the City of Seward the amount of one cent
($.01) per gallon of gasoline and one half cent ($.005) per gallon of
diesel fuel delivered to vessels.
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4. PAYMEN1' and REPORI'ING: Operator shall keep records of diesel fuel sold
pursuant to this Agreement, and shall pay fees quarterly basErl on calendar
quarters. A sales report in a form acceptable to the City shall be
submittErl, and payment of the fee made, not later than the fifteenth
(15th) of the month following the close of each caleroar quarter.
Payments are to be made and reports filed at the office of the
Harborrraster, Seward, Alaska. Late payments are subject to a ten percent
(10%) delinquency fee, plus one and one-half percent (1.5%) per month
sinple interest.
5. INSURAlCE: This permit will not becane effective until such time as the
City of Seward has received the following:
A. A policy or policies of insurance with the following coverage limits:
1. General Liability
1,000,000
2. Worknen's ContJensation
statutory
3. Envirorrnental Irrpairment Liability
1,000,000
B. A determination by the City of Seward Insurance Broker that the
insurance offerErl by the Permit Holder is of such type and has such
provisions as will permit it to serve as the underlying coverage for any
City Excess Policy and an acknowleagemEmt 'from that Broker that the City
Excess Policy or policies will be in effect during operations by the
Permit Holder. N:7I'E TO PER>l.IT APPLICANl': This means that a Binder for
Insurance is prooably oor sufficient to obtain this permit. Yoo will neErl
to coordinate your insurance coverages with the City's broker.
C. All insurance policies shall provide for thirty (30) days' notice of
cancellation and/or material change to be sent to the City. All insurance
policies shall contain the following or equivalent clauses:
1. The City, its officers, employees and agents are added as
additional insureds as respects operations of the namErl insurErl
performed under the terms of the Interim Use Permit with the City.
2. It is agreed that any insurance maintained by the City shall apply
in excess of, and not contribute to, insurance provided by this
policy .
D. All of the requirErl insurance policies shall provide that the insurers
waive their rights for subrogation against City and the Permit Holder and
their respective officers, servants, agents or errployees. Permit Holder
further agrees to waive, and agrees to have its insurers waive, any rights
of subrogation with respect to deductibles under such policies and with
respect to damage to equi~t, inclUding the loss of the use thereof,
whether insurErl or not.
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E. FORMS: The general liability endorsement, and Workers'
Calpensation/~loyers Liability Erdorsernent shall be in stbstantially the
form of those forms attachEd hereto as Exhibits A, B and C.
F. DEFAULT/CAN:F:T.T ATION: This permit may g.e. cancelled at any time by the
City and will autanatically cancel, without notice from the City, if the
insurance policies requirEd above are cancelled for any r;eason.
6. INDEMNITY: The Permit Holder agrees to hold the City harmless and to
defend the City from all clam for personal injuries and/or property
damage of every kird and character relating to the ~rmit Holder's use, or
the use by Permit Holder's sub-lessees, .agents, cust'aners ard contrcctors,
of the fueling facility and other City facilities..
7. IXX:K and WHARF MAINI'ENAN:E: The Licensee will repair any damage to docks
and wharves which is attributable to Licensee operations, but will not be
held responsible for damage caused by others.
8. MIOCELIANEOOS: This is the entire permit and is to be interpretEd and
applied by the Harborrnaster in order to further the plblic interest of
maximizing use and efficiency of the marine 'facilities. This Agreement
may be modified only in writing. If the Permit Holder ~ontests any
decis ion made by the Harborrnaster, the exclusive r,ernedy shall be to the
City Council, which shall be the final judge' of any dispute. This
agreerrent form may be filEd by the City of Seward with the Federal
Maritime Camnission and other agencies. . '?" -
9. TERMINATION: The City may terminate this Permit a~ any 0 time for
convenience, up;:ln delivery of written notice ,tq the Permit Holder thirty
(30) days' prior to the date of intended termination. If the Permit is
terminatEd for convenience, the Permit Holder shall pronptly carplete any
work underway and clear the worksite' of its .equifm3l.t, buildings and
supplies. All necessary site cleanup, repatrat~otheLool'i'9ation requirEd
by this Permit will be conpleted prior to' the terrninatiqn date. The City
may terminate this Permit for cause, giving the peOrmit Holder thirty (30)
days' notice prior to the termination date, except it may be terminated
inmediately if the Permit Holder's operations pose a danger to the City
facility or are violations of state or federal permits, or if the
insurance policies requirEd in Paragraph 5 are .cancelled or have lapsed
for any reason. If the Permit Holder fails to correct its operations to
the satisfaction of the City, the City may' clear the area of Permit
Holder's buildings, equipment and supplies~ and bill the Permit HOfder for
all expenses incurrEd.
PEmIT HOLDER
CITY CF SE1'1AID, ALASKA
BY:
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BY:.
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ITS:
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FRED B. ARVIDSON
Sl'ATE OF PU.SKA
ss
nuRO JUDICIAL DISI'RICl'
nus IS TO CERl'IFY 'mAT on the day of ,
1987, before me, the undersigned, a Notary Plblic in and for the State of
Alaska, duly camnissioned and sworn as such, personally appeara:l
, known to me, and to me known to be the City Manager of
the City of Seward, Alaska, and acknowledged to me that the foregoing
instrument was executed by him in his official corporate municipal
capacity, and that he executed the same pursuant to the authorization of
the City Camcil of the City of Seward, Alaska; that the same was executed
as the free and voluntary act and deed of the municipal corporate seal of
said municipality.
IN WI'INESS WHE~, . I have hereunto set my hal1d and affixed my
notarial Seal the day and year hereinabove written.
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Notary Public in and for Alaska
My canmission expires:
Sl'ATE OF PU.SKA
ss
THIRD JUDICIAL DISl'RICl'
THIS IS TO CERl'IFY that on this day of ,
1987, be'fore me, the undersigned, a Notary Plblic in and for the State of
Alaska, duly canmissioned and sworn as such, personally appeara:l
, known to me, and to me known to be the person who
executed the foregoing instrument, and who acknowledged that he signa:l the
same freely and voluntarily for the uses and purposes therein contained.
IN WI'INESS WHEREOF,. I have hereunto set my hand and seal on the
day and year first hereinabOlTe written.
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Notary Public in and for Alaska
My canmission expires:
GENERAl UJBIlITY EKlORsaENT
cm OF ("the City")
. AnN:
Pa..lC'l' I)FO~T10H.
1. Insurance COmQany
; Policy No.
-:0 Policy Term (from)
(to)
Endo~ement Effective Date
3. ~amed Insur9d
.1. Address of Named !nsur9d
S. Po 1 1 cy Is
(c 1 a 1rns made)
6. ff claims made:
Retroactive date:
7. LImit of LIability Any One OcClJ r~nce S
or
( occlJrT"'ence)
Is tan cO'terage affo!"ljeCl
/A9g~at8 S
eductible or S.lf-!nsu~ Retention (Nil unless othe~is. specified): S
Pa.IC'l' NEMlJENTS.
endo~ement is fssued fn ccns1de"'l\tion of the polley pl"9llt1um. Nob1thstanding ,~.
nsi51:errt statemen1: fn the policy to which this .n{,:)~emen't is attached or any ott'. r-
~emen1: attached ther"'eto. i'1: is .tg.-..d a~ fo11O"11s:
1. ~. Th. City, lu .l~ad or ~po1nted officials. employees and volunteer.s ar~
included as insunt<ls with ~al'"'d to_damages and defens8 of claims arising from: -.J
activities perfOrmed by or on behalf of the ~~ Insunt<l. (b) products and comple~d
operations of the Namec:t Insunt<l. or (c) p,..1ses ownec:l. leased or- used by the Nai';~d
Insured.
2. CX>>lTRISUT1ClN NOT RE~. As respects: ea} 'tfOrj( performed by the Named Insured
for or- on behalf of the City; or (o) produe'ts sold by the Named Insured to the City;
or (c) pMllllises leased by'the Named Insunt<l froaa the City. the insurance affor-ded oy
this policy shall be primary 1nsuranc.' a5 ~spects the City. its elected or appointed
officials. employees or volun'teers; or stand in an unoroken cha1n of cover-age excoss
of the Named Insu ~, 5 5chedu 1 ad underl yi ng pril114ry coverage. In either event. any
other insurance maintained by the City, 11:3 elected Or appoin~ed Officials. employees
or vQlunteer~ shall be excess of this insurance and shall nat cQn~ribut8 with ft.
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3.
saFE (E COVERAQ::. Tne po11cy: (1) 1f primary, affol"'lis coverage at least as broa,
as forms curn1ntl y 1n use as approved by the State of A1 aska Division of Insurance
and (2) lf excess. affol"'lis coverage whfch 1s at least as broad as the pl"imar~
Insurance forms refe~nced In the pl"eceed1ng section (1).
~II.ITY (E IHTEREST. The Insul"ance affol"de<i by this po11cy applies separatel:
to each Insured who 15 seeking coverage or against whom a claim 1s made or a suit 1:
bN:lught~ except with I"espect to the CQ~any's llmit of llabillty.
5.
PROVISIONS RES.\RJDIS THE IMSUJlED'S CUTIES AFTER ACCIDENT ~ LOSS. Any failure ";1
comply with reporting provisions of the policy shall not affect covel"age pl"ovided tl
the City, its elected or appointed officials, employees or volunteers.
6.
CANCELLATION NOTICE. The Insurance afforded by this pollcy shall not be suscended
voided. cancelled. reduced In coverage or In limits except after thir-:.} (30) ~ays
pl"101" written notice by certified mail I"eturn l"eCelpt l"9quested has been given t~ :~e
Clty. Such notice shall be addressed as snown In the heading of this endorsamen" ,
SIGiM1lJRE (7 INSURER OR AUTliORIZED RE?REsarrATI~ r7 liE DISlIRER.
(print/type name), warrant that! have authol"i~y::
blnd the belo_l1s1:8d lnsurance c~any and. by rff'J s1gnrtur-e he~n, do so blnd t~;
c 0Illl' any.
Slgnat:u~ of:
Authorized Representative (original s1~natu" r~ul"d on endOI"Sement fu"~
n1shed to the City)
.T!OH:
:ORESS:
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T!Tt.E :
TE..Ei"-fONE :
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Pa.1C"f IWOBfATION
WORCERS' COPEJfSATION/9FtOYERS U}BIlITY 8IlCJRsaEJfT
em OF ("the City")
ATIN:
1.
Insurance Company
Policy Mumtler
Effective Oa1:e of This Endof"'5etllelTt
("the CQmpany");
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3 . Mamed Insu ~
~. Employer'S Liability L1mit (Coverage 8)
?a.lC"f AM:fI)~S
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In consideration of the policy premium and n~iths1:anding any inconsistelTt statemen1: in
the policy to wh 1ch this endo ~emen1: 1 s attached or any other endof"'5emen1: attac!'1ec
ther-91:o, 1t 1s agf"ge(j as follows:
Cancella1:ion Mc1:ice. The insurance affo~ed by this policy shall not be suspend~~.
voidec:l, cancelled, ~uce<l in cl:)verage or in limits E1Xc:e!)1: attar thirty (30) days'
prior writtan notice by certified 11I411 Mrtl.ll"n receip1: r~ues1:ad has been given to t,"1e
City. Such n01:1C:8 shall be sem: to the addMtss given in the heading of th;s
endon...lTt.
Waiver of Suoroqa1:ion. The CQ~any agrees to waive all rights of sUOf"Qga1:ion aga" ~1:
the City, its eleC'ted or ~!)01n1:ed officials, 4gen-ts and e~loy..s for losses; c
under the tenftS of this policy which arise from wone performed by the Named Insu,ed
for the C1"ty.
SIGHA"llR r7 IlISlRR OR AUnIORIZED REPREsafT'ATnE (7 1lE DtSURER.
(prin1:l"type name), warrant that!
be10...11S1:8<1 insurance c~any and, by rftIJ signatl.lMt he~n,
have author~"y to
do so bind ";l'11 s
bind the
c~any .
S 19natl.lMt
of:
Authorized RepreselTta1:1"e (ori 9 i na 1 s 1 gnatu re ~u 1 ~d on endo rsemen1: fu roo
n1shed to the City)
iANIZATION:
JRESS:
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T!T1.E :
TELEPHONE :
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~ IMPAImUH.' EtI:lOl9JIBNl'
CITY' <F ("the City")
ATI'N :
Pa.lcr ~(E.
1. Insur ance CaIpaIly
2. Policy Term (from)
; Policy No.
; Endorsement Effective Date
(to)
,
3. Naned Insurerl
4. Mdress of Named Insured
5. Policy is
or
(occur rence)
(claillS made)
6 . If ClaillS made:
Retrocctive date: ; Is tail coverage afforded
7. Limit of Liability Anyone Occurrence $
Aggregate $
8. Derluctible or Self-Insured Retention (Nil unless otherwise specified):
$
/
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Pa.lcr MEIDmRL'S.
This endorsement is issued in consideration of the policy premium.
Notwithstanding any inconsistent stateIrel'lt in the policy to which this
endorsement is attacherl or any other endorsement attacherl thereto, it is
agreed as follows:
1. D6JHrD. The City, its electerl or appointerl officials, enployees and
volunteers are included as insureds with regard to damages and def~se of
clainEt arising from: (a) activities performed by or on behalf of the Named
Insured, (b) products and completed operations of the Named Insured, or
(c) premises ownerl, leased or used by the Named Insured.
2. CXHmBJ'.rI(E RJl' ~.l.Hl'V. As respects: (a) work performed by the Named
Insurerl for or on behalf of the City; or (b) products sold by the Named
Insurerl to the City; or (c) premises leased by the Named Insured fran the
City, the insurance afforded by this policy shall be prinary insurance as
respects the City, its elected or appointed officials, employees or
volunteers; or stand in an urbroken chain of coverage excess of the Named
Insured's scheduled underlying primary coverage. In either event, any other;
insurance maintained by the City, its elected or appointerl offic~s,..
employees or volunteers shall be excess of this insurance and shall not
contribute with it.
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3.
saFE CF COVERJlbE. The polley: (1) lf prima/]', affoMis cover-age at least as jroa,
as fol"lllS curnuTtl y ln lJse as approved by the State of A1 asl<a Division of !nsur-ance
and (ll lf excess. affoMis coverage which is at least as broad as the pr-imar:
lnsurance forms referenced 1n the preceeding section (1).
~n..rrr CF Ilfl'EREST. The lnsurance affoMied by this policy appl tes separatel.
to each insured wh.9 is seeking coverage or against whom a claim is made or- a sui': t:
brought# except with r-espect to the Company's limit of liabi1ity.
s.
PROYISlOHS RE&\AJIJIS TIE ~ts OUTIES AFTER ACCIDENT ~ LOSS.. Any fa11ure t:
co~ly with reporting provisions of the policy shall not affect coverage pr-ovidea tt
the City, 1ts elected or- appointed officials. employees or volurrteers.
6.
CANCELLATION NOTICE. The 1nsurance affoMied by this poliCY shall not be susoencecJ
voided. cancelled. reduced ln coverage or in 1 imits except after thir-;y (30) :ays'
prior written notice by certified mail ~urn ~eipt requested has Jeen given t~ :~E
City. Such notice shall be addressed as shown tn the heading of this endor-semene
SIGMAitR: CF ~ em AUniOfUZfD R8"RESCNTATIVE CF TIE ~
. 0 (pr1n~type name). warrant that I have authority::
bind the belo_lis"t8d inSl.IMnce c~any and. by rrry signa1:ur"'! her"'!On, do so b ind ,:,~".
c~any .
Slgnatur"'! of:
Author1 zed R8pr~.n1:at1 'Ie (or1 gi na 1 signa~1"'e ~u 1 r"'8d on endor-semen~ ru ~~
n1shed to the City1
.nOH:
:ORESS:
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TITl..E :
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PERMISSION TO REQUEST INSURANCE POLICIES
The City of Seward is hereby granted permission to request
copies of
insurance policies
(Company)
from its Broker/Insurance Carrier,
(Broker/Insurance Carrier)
It is understood that the
(Company)
may revoke this Permission at any time by written notice to its Broker/
Insurance Carrier and to City of Seward; however, such revocation may
affect receipt of or continuance of a Snipl1ft P1 atform Interim Use
Permit from the City of Seward.
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BY: .
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ITS:
DATE:
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~~THON FUEL MARINA FUEL LICENSE AGREEMENT AND LEASE
Scale 1" = 200'
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