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HomeMy WebLinkAboutRes1987-091 . . . Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 87--091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A LONG TERM LEASE, AT LESS THAN FAIR MARKET VALUE, TO THE U. S. GOVERNMENT NOAA NATIONAL WEATHER SERVICE FOR A PUBLIC SERVICE WEATHER RADIO TRANSMITTER SITE IN THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, the U. S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service (NWS) , has requested a 20 x 25 foot parcel of land in the Seward Marine Industrial Center to locate a public service NOAA weather radio (NWR) transmitter; and WHEREAS, the city of Seward has land available for lease; and WHEREAS, the presence of a reliable public weather radio transmitter in the Seward area is important to the safety and well being of the fishing, recreational, work and cargo boats and vessels within the Resurrection Bay and Gulf of Alaska; and WHEREAS, the amount of land requested is minimal and can be located in an otherwise unusable location within the Marine Industrial Center complex; and WHEREAS, the service provided is in the public interest and thus would not require an appraisal and rental at fair market value; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The public interest would best be served by waiving the requirement for an appraisal and lease at fair market value of a 20 x 25 foot parcel located in the Seward Marine Industrial Center to NOAA. Section 2. The city manager is hereby authorized to formalize a less than fair market value long term lease (attached and incorporated herein by reference) with the U. S. Government, U. S. Department of Commerce, National Oceanic and Atmospheric ADministration, National Weather Service. -1- . . CITY OF SEWARD, ALASKA RESOLUTION NO. 87-091 Section 3. This resolution shall take effect thirty (30) days following its adoption and posting as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28thday of September , 19 87. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA DUNHAM, GIESELER, HILTON, MEEHAN & SIMUTIS NONE BOOHER & NOLL NONE APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK . (City Seal) 7~ J1/~ Fred B. Arvidson City Attorney -2- RESOLUTION NO. 87-091 . . . "ATTACHMENT A" [I\~^' nf'H ~li,"..... '_ ' I. t- STANDARD FORM 2 HBRUAfl.Y 1%5 ED\1\ON GENERAL SERvrctS "OM'NISTf~II.T(ON FPR.t41 CFR) t-'6.601 DATE Of LEAS~ U.s. GOVERNMENT LEASE FOR REAL PROPERTY I LEASE NO THIS LEASE, made aDd eDtered into this date by and betwee" 'lhe City of Seward, ,Alaska" { . .>, "\ whose address is P. O. Box 167 Seward, Alaska 99664 aDd whose interest in the property hereinafter described is that of owner and 1 ea seho 1 der hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Governme"t: WITNESSETH: The parties hereto for the considerations hereinahe"c mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government (he foHowing described premises: parcel of unimproved land located in Section 18 Township 1 South, Range 1 West of he Seward Meridian, Alaska, and more particularly described as follows: As shown and described on attahc~h-ibit .'. to be used for U. S. Government purposes to wit a public service NOAA Weather Radio (NWR) transmitter 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on _I throu)i:h . subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $ 1:'.00 (ONE DOLLAR) at the rate of $ 1.00 .. per annum Rent for a lesser period shall be prorated. Rent checks shall be made payable to: 'll1e City of Seward, P. O. Box 167, Seward Alaska 99664 ATl'N: Collection Clerk 4. The Government may terminate this lea.se at any llme by giving at least _ -0..90_______________.. days' notice in writing- to the lessot and no rcntal shall an-rue after the effective date of termination. Said notice shall be l{1mputed (ommenc. u_ in arrears. ing with the day aher the date of mailing. 5. This lease may- be renewed at the option of the- Government, fur the following terms and at the following rentals: each succeeding fiscal year at the same rental as provided in Clause 3. Provided that this lease shall in no event extend beyond the last day 'f September1997 and provided that appropriations are available from year to year rom Congress for the payment of rentals, and provided notice be given in writing to the Lessor at least n._ 60__________.. Jars before the end of the original lease term or any renewal term; all other terms and conditions of this lease Sh;lH remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailinJl;. 2-106 RESOLUTION NO. 87-091 "ATTACHMENT A" 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: N/A '< '-' 7. The following are attached and made a part hereof: The Geoeral Provisions and 1nstructions (Standard Form l.A, ,Mi?y,J9.7~L, edition). Special Provisiqns nurrbered one thi:uugh THIRTEEN ' 8. The fotlo,!ing changes were made in this lease prior to its execution: N/A IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. - -.l, ?...O...~-1 ~ ",O~' 1f4:':~A V ..(1 '.~'v . : ~ ';') ". ~ ~ ., _'fb_ . ':<-', g i RO~<\LD!A. GA~Z1iNI, CITY MANAGER "" ~Y.__",_____--"'!_.D__":'l_",,.~_____..:._ __...;..,..._______ ------- ----.- ------- ----- :.....-----'---- ~ '. (S;gnatut,) . -"- )...... IN ~NCE'OF..,.. '- ~ " 1:: (Signature) --+------------------1- --T-- ------~ ..-.~-......~.~_...........,..,.,=-..-.--~'''"._~-' ~ (.1ddrnsJ Bl ;. .- ~ (S'i,nm,jIC'I rO(JiciallitleJ .,,, ~. . STANDARD FORM 2 FEBRUARY 1965 EDITlON * U.S. GOVERNMENT NS OrnCE \.- 1981 0 - ".34J,.r.5.:?E,.-('Jr.9Q~) RESOLUTION NO. 87-091 "ATTACHMENT A" GENERAL PR~ISIONS, CERTIFICATION AN'J INSTRUCTIONS u.s. Government Lease for Real Property . GENERAL PROVISIONS 1. SUBLETl'ING THE PREMISES. The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. 2. MAINTENANCE OF PREMISES. The Lessor shall maintain the demised premises, including the building and any and all equipment, lIxtuds, and ap- purtenances, furnished by the Lessor under this lease m irood repair and tenantable condition, except in case of aamage arising from the act or the negligence of the Gov- ernment's agents or employees. For the purpose of so main- taining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Government representative in charge, enter and inspect the same and make any necessary repairs thereto. 3. DAMAGE BY FIRE OR OTHER CASUALTY. If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises unten- antable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial de- struction or damage; and if not SO terminated the rent shall be reduced proportionately by supplemental agreement hereto elfective from the date of such partial destruction or damage. 4. ALTERATIONS. The Government shall have the right during the existence _this lease to make alterations, attach fixtures and erect ditions, structures or signs in or upon the premises hereby sed, which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. 5. CONDITION REpORT. A joint physical survey and inspection report of the de- mised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 6. COVENANT AGAINST CONTINGENT FEES. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percent- age, brokerage, or contingent fee, excepting bona fide em- plofees or bona fide established commercial or selling agencies mamtained by the Lessor for the purpose of securing busi- ness. For breach or violation of this warranty the Govern- ment shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or con- sidention, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (Li- censed real estate agents or brokers having listings on prop- erty for rent, in accordance with general business practice, and who \lave not obtained such licenses for the sole purpose of elfecting this lease, may be considered as bona fide em- ployees or agencies within the exception contained in this clause. ) 7. OFFICIALS NOT TO BENEFIT. .N,! Member of or D,!legate to Congress, or Resident Com- mISSIoner shall be adlmtted to any share or part of this lease . contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this 1_ contract if made with a corpontion for its general benefit. 8. ASSIGNMENT OF CLAIMS. Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.c. 203, 41 U.S.C. 15), if this lease provides for payments aggregating $1,000 or more, claims for monies due or to become' due the Lessor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal len~ agency, and ~~ th~fter be further assigned or reassigned to any such Institution. Any such assignment or reassignment shall cover all amounts pay- able under this contract and not already paid, and shall not be made to more than one party, except that any such assign- ment or reassignment may be made to one party &8 agent or trustee for two or more parties participating in such fi- nancing. Notwithstanding any provisions of this contract, payments to an assignee of any monies due or to become due under this contract shall not, to the extent provided in said Act, &8 amended,.be subject to reduction or set-olf. 9. EQUAL OPPORTUNITY CLAUSE. (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60).) During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any em- ployee or applicant ~or emp!o~ent because of rac~, color, religion, sex, or national ongm. The Contractor Will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or tnnsfer; recruitment or recruitment advertising; layoff or termination; ntes of payor other forma of compensation; and selection for train- ing, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, :lotices to be provided by the Contracting Officer settiilg forth the provisions of this Equal Opportunity clause. (b) The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, .tate that all qualified applicants will receive considention for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or repre- sentative of workers with which he has a collective bargain- ing agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Ex- ecutive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and re- ports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, an~ orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting 1 _...... a-.4 _I Sent_ Adlll......u...-FPII (41 CfRl l-IS.lOl Ma,. 1970 Edition 2-201 'I , ';.... '~":I , 1 ..~ "~ ,~ ;~ RESOLUTION NO. 87-091 "ATTACHMENT A" agency and the Secretary of Labor fO~oses of ~vestiga- this section in any exi. agreement or coneeRdon' ~~ tion to ascertain compliance with such rules, regulations, and ment or one in which the contracting party other than the d Lessor has the unilateral right to renew or extend the agree- or (f)s'In the event of the Contractor's noncompliance with ment or arrangement, until the expiration of the existing the Equal Opportunity cl!luse of this con~t or with any agreement or arrangement and the unilateral right to renew of the said rules, regulations, or orders, this contract mayor extend. The Lessor also agrees that it will take any and be canceled terminated, or suspended, in whole or in part, all lawful actions as expeditiously as possible, with respect to and the Co'ntractor may be declared ineligible for further any such agreement as the contracting agency may direct, as Government contracts in accordance with procedures author- a means of enforcing the intent of this section, including, but ized in Executive Order No. 11246 of September 24, 1965, not limited to, termination of the agreement or concession and and such other sanctions may be imposed and remedies in- institution of court action. voked as provided in Executive Order No. 11246 of Septem- ber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Execu- tive Order No. 11246 of September 24, 1965, 80 that such pro- visions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub- contract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, 1ww61Jef', That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United Statell. 10. FACILITIES NONDISCRIMINATION. (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this lease is located. (b) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons be- cause of race, color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall'require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Gov- ernment may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual ex- penses thereof as incurred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, inclu~e or ,:equ!re the inclusion of the foregoing provisions of thIS section )ll every such agreement or concession pur- suant to which any person other than thc Lessor operates or ha.s the right to operate any facility. Nothing herein con- ~med, however, shall be deemed to require the Lessor to mclude or require the inclusion of the foregoing provisions of 11. EXAMINATION OF REcoRDS. (NOTE.-This provision is applicable if this lease was nego- tiated without advertising.) (a) The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after tIDal payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and recorda of the Lessor involving transactions related to this lease. (b) The Lessor further agrees to include in all his subcon- tracts hereunder a provision to the effect that the subcontrac- tor agrees that the Comptroller General of the United States Qr his representatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access to and the right to examine any directly pertinent books, documents, papers, and records of such llUbcontractor involving transactions related to the subcontract. 12. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the own- ership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. 13. INSPECTION. At all times after receipt of Bids, prior to or after accept- anCe of any Bid or during any construction, remodeling or renovation work, the premises and the building or any parts thereof, upon reasonable and proper notice, shall be accessi- ble for inspection by the ContractIng Officer, or by architects, engineers, or other technicians representing him, to deter- mine whether the essential requirements of the solicitation or the lease requirements are met. 14. ECONOMY. ACT LIMITATION. If the rental specified in this lease exceeds $2,000 per annum, the limitation of Section 322 of the Economy Act of 1932, as amended (40 U.S.C. 278a), shall apply. 15. FAILURE IN PERFORMANCE. In the event of failure by the Lessor to provide any service, utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services, utilities, maintenance or repairs and to deduct the cost thereof from rental payments. 16. LESSOR'S SUCCESSORS. The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the Lessor's heirs, executors, administrators, successors, and assigns. CERTIFICATION 1. CERTIFICATION OF NONSEGREGATED FACILITIES. (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themselves performing fed~rally assisted construction contracts, exceeding $10,000 whIch are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, olferor, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies fur- 2 S--... ..... a-.l ](q 1870 BdIl10D RESOLUTION NO. 87-091 "ATTACHMENT A" ther that he will not maintain or p,,~de for his emplo~ any segregated facilities at any of hie eetabliehmente, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applican~ or subcon- tractor agrees that a breach of this certi1lcation IS a violation . of the Equal Opportunity claUMl in this contract. As used in this certification, the term "segregated faciliti.es" means any waiting rooms, work areas, rest rooms IUld wash rooms, res- NOTICI: TO PR08P1!:C'l'IVE 8UBCONTRACTORS OP REQUIREMENT FOR taurants and other eating areas, time clocks, loCker rooms and CERTIJ'ICATION8 OP NON8I!lGBEGATED PACILITIE8 other storage or dressing areas, parking lote, drinking foun- tains, recreation or entertainment areas, transportation, and A Certiftcation of Nonsegregated Facilities must be sub- housing facilities provided for employees which are segre- mitted prior to the award of a subcontract exceeding $10,000 gated by explicit directive or are in fact segregated on the which is not exempt from the provisions of the Equal Oppor- basis of race, color, religion, or national origin, becaUMl tunity clause. The certi1l.cation may be submitted either for of habit, local custom, or otherwise. He further agrees that each subcontract or for all subcontracts during a period (i.e., (except where he has obtained identical certi1lcations from quarterly, semiannually, or annually). proposed subcontractors for speciftc time periods) he will ob- NO'rIl: The penalty for making false statements in offers tain identical certi1l.cations from proposed aubcontracton is prescribed in 18 U .S.C. 1001. NOTE.-The pllMlty fM' making fa"'e 8tatem.nta in 086'1'8 is p"'68cribed in 18 U .s.C. 1001. prior to the ..ward o}, subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity claUMll that he will retain such certi1lcations in his IDes; and that he will forward the following notice to such pro- posed subcontractors (except where the proposed subcon- tractors h..ve submitted identical certiftcations for speciftc time periods) : INSTRUCTIONS 1. Whenever the lease is executed by an attorney, alJll11t, or trustee on behalf of the Lessor, two authenticated copies of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease. 2. When the Lessor is a partnership, the JULlDeB of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership JULlDe, followed by the name of the partner sifning the same. 3. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature . . and title of the ofilcer or other person signing the lease on ita behal1, duly attested, and, if requested by the Government evidence of this authority so to act shall be furnished. 4. When deletions or other alterations are made speci1lc notation thereof shall be entered under clause 8 of the lease before signing. 5. If the property leased is located in a State requiring the recording of leases, the Lessor shall comply with all such statutory requirements at Lessor's expense. 3 a u.s. GOVERNMENT PRINTING OFFICE 1983 0 - 381-526 (8245) s__ Po... J-A ~ 1916 EdIlltm RESOLUTION NO. 87-091 "ATTACHMENT A" . SPECIAL PROVISIONS OF LEASE BETWEEN THE CITY OF SEWARD AND N;.O.A.A. NATIlSlNAL WEATHER SERVICE L DISPOSITION OF IMPROVEMENTS: Improvements made upon the lands by the Lessee shall upon the expiration, termination or cancellation of this lease or of any renewal thereof: a. Be removed by the Lessee within thirty (30) days of the effective date of expiration, termination or cancellation, providing that the footings or foundations may be left in place, or b. With the consent of the Lessor be sold or otherwise transferred to any succeeding lessee or . c. With the consent of the Lessor and upon ten (10) days advance notice to the Lessor in writing, be abandoned in place. Provided that the Lessor shall extend the time for sale, removal or other disposal of such improvements in cases where hardship is proven by the Lessee and further provided that during any such extension the Lessee shall pay rent at the current rate. Nothing herein authorizes the Lessee to take any disposal action not authorized by applicable federal regulations. 2. RESTORATION: At the Lessor's option, the Lessee will return leased land to a clean and level condition should Lessee exercise the option to remove all improvements. Lessee will be given a reasonable amount of time to complete restoration work. Lessor shall provide Lessee with written notice of its intent to exercise this option no later than the last effective day of this lease or any renewal period. Both parties understand the restoration will be subject to the availability of funding from Congress. . 3. RENTAL ADJUSTMENT: Beginning in the year the Lessor or the Lessee may, by giving written notice at least ninety (90) days prior to the end of the then current federal fiscal year, req ues t renegot ia t ion of the current rent. The reques ted adjustment in rent will be subject to negotiation and if an agreement is reached, a supplemental agreement to this lease will be issued reflecting the new rental rate. Any new rental rate specified in a supplemental agreement shall apply to renewals of the lease for a minimum of five (05) fiscal years. Renegotiation of the rental amount may again be requested upon the expiration of each Supplemental Agreement subject to the procedures of this paragraph. In the event that an appraisal is done as a part of such negotiations, the appraisal formula shall call for a value of the land at its highest and best use. The land will be considered as vacant, unimproved and unencumbered without regard to this lease or any renewal thereof. RESOLUTION NO. 87-091 "ATTACHMENT A" . 4. NOTICES: No notice, order, direction, determination, requirement, consent or approval under this lease shall be of any effect unless given in writing by such City of Seward official as may be designated and approved by the City of Seward City Council. All notices required by this lease shall be sent by registered or certified mail or delivered personally addressed to the Lessee or to the Lessor as may be appropriate at the respective addresses contained in this lease or such addresses as the parties may designate in writing. 5. EXCLUSIVE USE: The Lessor warrants that the Lessee shall have the exclusive use of the premises during the initial term and during all subsequent renewals of said lease. 6. INGRESS/EGRESS: The Lessor warrants that the Lessee shall have free and unlimited ingress/egress to the premises during the initial term and during all subsequent renewals of said lease. 7. TITLE EVIDENCE: Wi thin six (06) months of entering into this lease, if the Lessee so requests, the Lessor shall provide, at the Lessee's expense, title evidence sufficient to satisfy the Department of Justice that the Lessor has title to the land and can guarantee the Lessee peaceable possession. . 8. UTILITY COSTS: Utili ty hook-up and not exceed those normally charged enterprises; as set forth in established Seward, Alaska public utilities activity. user charges will not similar commercial rate schedules of the 9. LIABILITY: The Government, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.C. Sections 2671-2780) shall be liable for and shall hold the Lessor harmless from, claims for damage or loss of property, personal injury or death caused by the acts or omissions of the Government, its officers, employees, or agents in the use of the granted premises. 10. BILLING: Each annual rental payment must be requested by separate voucher from the Lessor and addressed to: 11. SUBSIDENCE. The City of Seward will not be responsible for any wash-out, subsidence, avulsion, settling or reliction to the leased premises, nor for any injury caused thereby to the property of the Lessee or any other person. The City is not obligated to replace, refill or improve any part of the leased premises during the Lessee's occupancy in the event of such wash-out, subsidence, avulsion, settling or reliction. 12. STATE OF PREMISES. Lessee has inspected the property and premises that are subject of this lease, and takes them as is. . 13. RELOCATION. If the City finds it in the public interest to relocate Lessee improvements to another mutually agreed upon location, City will bear the cost of such relocation. RESOLUTION NO. 87-091 . l-< Q) +J >1 Q) U .-I ((j OM l-< +J rIl ;:l >1 H Q) ;>, >1 +J OM l-< l-< Q) ((j P< ~ 0 l-< "Cl ~ l-< <<l' +J ;3 :> Q) ~ U) .-< r-- LI"l N ~ 00 .-< --r U) U) U) U) p p . "ATTACHMENT A" NOAA LEASE SITE Public Weather Radio Transmitter SEWARD MARINE INDUSTRIAL CENTER RE - 061 All that real property situate in the City of Seward, Alaska, Kenai Peninsula Borough, State of Alaska, being more particularly described as follows: Commencing at the centerline intersection of Nash Road and the boundary between USS 1651 and USS 4827; thence South along the centerline of Nash Road a distance of 78.5 feet; thence West ~40.0 feet to the NW corner of the concrete pad for an underground primary electric switch box; thence North 10.0 feet along the Nash Road right of way/easement to the POINT OF BEGIN~ING; thence North 25.0 feet; thence West 25.0 feet; thence South 25.0 feet; thence West 25.0 feet to the POINT O~ BEDINNING. Containing 625 square feet more or less. or Spring 1- Culvert rC t- Nash Road Creek Sub-Station .. l( edge of ROW edge of pavement center line of pavement 78.5' '! nn . ~ :OB ~Unrlergrounrl Electric ~ Primary Switch Box on \ Concrete pad NOAA LEASE SITE 25' on a side .c u +J OM o Q) co ((j >1 OM ((j l-< o SCALE 1" = 50' 9/24/87 KTH EXHIBIT "A"