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HomeMy WebLinkAboutRes1987-041 . . . Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 87-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE PREFERENTIAL USE OF A PORTION OF THE SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK AND WHARF WHEREAS, The City has previously granted Seward Fisheries, a division of Icicle Seafoods, Inc., preferential use of a portion of the boatlift dock, T-dock and wharf; and WHEREAS, said Agreement has proven to be beneficial to Seward Fisheries, the City and the public by encouraging fishermen to utilize the port of Seward; and WHEREAS, the docks have not been previously dedicated to any other use; and WHEREAS, it is the City's policy to assist established industry in maintaining itself as a viable part of the community's economy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. It is in the public I s interest to dispose of the preferential use of the wharf, a portion of the boat lift dock and a portion of the T-dock by means of a negotiated, license agreement without benefit of appraisal to Seward Fisheries. Section 2. The City Manager is hereby authorized to execute the attached License Agreement, attached herewith and incorporated by reference, for the preferential use of municipal dock and wharf space to Seward Fisheries. Section 3. This resolution takes effect thirty (30) days from the date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of June , 1987. -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 87-041 THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: BOOHER, DUNHAM, GIESELER, HILTON, NOLL & SIMUTIS NONE NONE MEEHAN ATTEST: (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK 7~ f[/~ Fred B. Arvidson City Attorney -2- . LICENSE AGREEMNl' FOR SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK THIS AGREEMENT is rrade and entered into by and between the City of Seward, Alaska, a mmicipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as the "City", and Seward Fisheries, a division of Icicle Seafoods, Inc., hereinafter called "Licensee" ~ (1) Premises. The City hereby grants to the Licensee a license to occupy and use, subject to all of the tenns and conditions hereinafter stated, the following-described premises: (a) That portion of the Municipal Srrall Boat Hqrbor ThJck located on the northwesterly shore of Fesurrection Bay within the boundaries of the City of Seward, described as follows: . Beginning at the northwest corner where said dock joins and intersects the shoreline, the TRUE POINT OF BEGINNING~ thence South for a distance of 352 feet~ thence East for a distance of 1 7 feet~ thence North for a distance of 352 feet; thence West for a distance of 17 feet to the TRUE POINT OF BEGINNING; CC11prising approxirPately 5984 square feet. (b) That portion of the Municipal Boat Lift Dock located near the municipal small boat dock described as follows: Beginning at the northeast corner of the boat lift dock where said clock joins and intersects the shoreline, the TRUE POINT OF BEGINNING~ South along the face of the dock approxirrately 212 feet to its southernrrost point; thence West along the southern face for a distance of 17 feet; thence North along the clock approxirPately 212 feet to the point where the dock intersects the shoreline~ thence East 17 feet to the TRUE POINT OF BEGINNING; carprising approxirPately 3604 square feet. (c) That portion of the wharf located between Lot 11, Seward Industrial Park and the Srrall Boat Harbor described as follows: . Beginning at the Southwest corner of Lot 11, Seward Industrial Park, the TRlJE POINT OF BEGINNING~ thence East 290.22 feet~ thence South 15 feet~ thence East :tIS feet~ thence South :t67 feet~ thence West :t 65 feet~ thence tbrth :t5 feet~ thence East :t20 feet~ thence tbrth :t24 feet; thence West :t255 feet; thence North :t40 feet; thence West :t5 feet; thence North 15 feet to the TRUE POINI' OF BEx;IN- NING; c:arrprising approximately 17,665 square feet. ~ ! (2) Use. The premises may be occupied and used by the Licensee solely for the unloading and processing of fish and other seafood. Licensee shall be entitled to install ice nachines, hoists and grading tables on the dock to be utilized in the unloading and process- ing of fish, and for any other incidental purposes or use in connection with the Licensee I s business. The use of the dock granted to the Licensee is preferential and not exclusive. (3) Tenn. The tenn of this License is for three (3) years beginning on July 1, 1987, and tenninates June 30, 1990. (4) Installations. All installations placed upon the above-described portion of the MLmicipal Snall Boat Harbor DJck and the Boat Lift Dock shall be and remain the property of the Licensee and nay be rerroved therefrom by the Licensee at any tine. The construction, operation, maintenance and rerroval of all installations shall be acccm- plished by the Licensee at its sole cost and expense and in such a IPanner as will at all tirres enable the City and rceni:lers of the general public and those otherwise entitled to the use of the Municipal Small Boat Harbor Dock and the Boat Lift Dock to use the surface of the remaining portion of the dock area. (5) Liability and Indamity. The City shall not be liable for danages to property or injuries to persons, including death, arising from the construction, q:Jeration, maintenance, :rerroval or activity of the Licensee, its principals, officers, errployers, errployees, associ- ates, agents, representatives, successors, heirs or assigns, licensees or invi tees, and the Licensee does hereby agree to protect, defend, save hannless and indem1ify the City, its officials employees and authorized representatives, against any loss, cost, danage, expense, judgrrent or liability of any kind whatsoever, from or by reason or on account or as a result of the activity of the Licensee. 'I 1 (6) Liability Insurance. Lessee, during the Lease TeIm, shall carry at its expense public liability insurance covering the Leased property in an arrount of not less than $200,000.00 for injury or death to anyone person and $500,000.00 for injury and/or death to any nurrtJer of persons in anyone accident, and $100,000.00 for property danage or destruction. The minim.un requirerrents in this section may be increased from tine to tine by the City in accordance with custans and usage for comparable property in the Seward rretropolitan area. (7) Additional Named Insured; Rights of M:>rtgagees (lenders; Waiver of Subrogation. All insurance policies required to be maintained by Lessee shall narre Lessee and the City as the insureds, as their respective interests may appear. All policies shall exmtain an agree- ment by the insurers that such policies shall contain an agreerrent by the insurers that such policies shall not be cancelled without at least . . . thirty days' prior written notice to the City, and certificates or cq:>ies of all such insurance policies shall be furnished to the City pratptly after the issuance thereof. (8) Raroval of Irrprovements. The Licensee rereby covenants and agrees that on or before the termination of this License, it will rerrove said installation and otrer appurtenances connected therewith fran the premises of the city and restore the premises to the oondition existing at the time of entering upon the sarna under this License, reasonable wear and tear and damage by the elenents or by circumstances over which the Licensee has no oontrol expected. " , I I (9) He~S and Maintenance. The oost of general routine maintenance, including cathodic protection, and repair of any damage to the above-described leased premises occurring during the tenn. of this License shall be paid by the Licensee. Licensee shall have the cathodic protection system reviewed on an annual basis by a qualified person or finn. Any report generated by such qualified person or finn shall be made available to the City. Licensee will be responsible for oorrection of deficiencies described in said report. Licensee will not be respon- sible for the cathodic protection system until such tiIte as the City has repaired and brought the system up to full operational status. Licensee will be so notified at the tiIte the system is brought up to operaticnal status. (10) Report of W:>rk Perforrred. Licensee will provide to the City annually, by January 1st, a written report outlining the mainte- nance and repair work accc.uplished on the leased premises and the oost of that work. In addition to reporting annual maintenance expenditures pursuant to section (9) above, Licensee shall provide two (2) reports/year to the City, one each on January 1st and July 1st, declar- ing the tonnage of fish and other seafood crossing the dock for the benefit of Licensee or its agents, brokers, subcontractors, etc. The report shall contain a breakdown of tonnage by fish type and the tonnage processed at Seward Fisheries plant versus the product shipped to other coomunities for processing. Said reports will be oonsidered confiden- tial material. IN WITNESS WHERIDF, the parties hereto have executed this docuIrent by and through their duly authorized officials on this day of , 1987. SEWARD FISHERIES CITY OF SEWARD, AIASKA By: RCNAlD A. GARZINI City Manager ATIEST: APPRIJ\1ED AS 'ID FOR1: HUGiES, THORSNESS, GANrZ, PaVELL & BRUNDIN, Attorneys for the City of Seward, Alaska '7HA tI/~ FRED B. ARVIDSCN City Attorney LINDA S. MURPHY, eM:: City Clerk (City Seal) STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT 'I I I ,I THIS IS 'ID CERl'IFY that on the day of , 1987, before me, the undersigned, a Notary Public in and for the State of Alaska, duly cormri.ssioned and ~rn as such, personally appeared RCNAID A. GARZINI, known to me and to Ire known to be the City Manager of the City of Seward, Alaska, and acknowledged to Ire that the foregoing instrurrent was executed by him in his official corporate rmmicipal capacity, and that he executed the same pursuant to the authorization of the City Council of the City of Seward, Alaska~ that the sane was executed as the free and voluntary act and deed of the mmicipal corpo- ration to execute the foregoing instrurrent, and that the seal affixed hereto is the corporate seal of said rn..micipali ty. 'i I 'j ,I i IN WI'INESS WHEREX.F, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinaOOve written. Notary Public in and for Alaska My Ccmnission Expires: STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS 'ID CERTIFY that on the day of , 1987, before Ire, the undersigned, a Notary Public in and for the State of Alaska, duly comnissioned and ~rn as such, personally appeared , known to Ire and to Ire known to be the of SEWARD FISHERIES, and acknowledged to Ire that the foregoing instrurrent was executed by him in his official corporate capacity, and that he executed the same pursuant . . . I' " to the autOOrization of said corporation; that the sane was executed as the free and vohmtary act and deed of the corporation to execute the foregoing instru!rent for uses and purposes therein set forth. IN WITNESS WHERFDF, I have hereunto set my hand and affixed by Notarial Seal the day and year hereinabove written. Notary Public in and for Alaska My Corrmission Expires: I i il I .10..... :!' ~ R\-~R , SED 7 ~SER'IE , N ::: "'... ~ 0 .... Z I I :5:::1 "'; I ....:) I -.. .1 20 LOT !3 28,691' S.F. LOT 12 2 J, 175 S.f. . ;.ITII.ITl' ~ (4.'SEw.t"' ~ ....1:.---'.- "5.00 164.00 - - - - 972.13'" ~ - --... . .. . - . . AREA COVERED BY . LEASE NO. RE-Q03 AREA COVERED Y LICENSE AGREEMENT SEWARD SMALL BOAT HARBOR ------ Plat Map. ) < ~:J1'" .- ..--:. :....",,~ -;'" ~!'..~ ~p'imli15al' a!om'panu of ... .. .~ [ .scALE :r -100' ---.---------..