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HomeMy WebLinkAboutRes1988-080 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-080 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 Fisher- ies, 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 interest to dispose of the preferential use of the wharf, a portion of the boatlift 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 herein by reference, for the preferential use of municipal dock and wharf space to Seward Fisheries. Section 3. 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 -11- day of June , 19~. -1- . AGREEMENT THIS AGREEMENT Made this ....._... day of _.. .. ....... .. .., 1988, by and between the Department of Fish and Game of the State of Alaska (hereinafter referred to as "State") and the City of Seward, Alaska, a municipal ity of the first class (hereinafter referred to as "City"). WHEREAS, State desires to continue the use of a coho facility in Seward, Alaska, for salmon research and development; and WHEREAS, City continues to have land available for that purpose; NOW, THEREFORE, let it be known by these presents that the parties hereto have agreed as follows: 1. DEMISING ClAUSE. For good and valuable consideration received, more fully described in Paragraph 3 below, City hereby leases to State that certain property within the city of Seward, Alaska, Third Judicial District, more particularly described as: . A parcel within U.S. Survey No. 241, also being within Section 3, T. 1 S., R. 1 W., Seward Meridi an and Base, Alaska, more particularly described as follows: Beginning at Corner 3 of said U.S. Survey No. 241, THENCE east along the south line of said survey a distance of 305.51 feet, more or less, to the southwest corner of that parcel within U.S. Survey No, 241 which is described in the deed dated August 25, 1976, and recorded in Book 11, Page 721, Seward Recording District; THENCE N. 31' 42' E, 128.71 feet along the northwesterly boundary of said parcel to the northwesterly corner of said parcel, THENCE N. 65' 00' E. 190.00 feet along the northerly boundary of said parcel to the TRUE POINT OF BEGINNING; THENCE N. 65' 00' E. 44.14 feet along said northerly boundary; THENCE south 58.65 feet; THENCE west 40.00 feet; THENCE north 40.00 feet, more or less, to the POINT OF BEGINNING. That parcel herein described containing 1973 square feet, more or less; excepting therefrom a utility maintenance easement along the northerly ten (10) feet of said parcel. 2. TERM. The lease term shall commence on the date hereof and expire ten (10) years from said date of commencement. . so 3. CONSIDERATION. long as it is used This lease shall be at no cost to the State for salmon management and research. . . . CITY OF SEWARD, ALASKA AGREEMENT - FISH & GAME 4. INGRESS AND EGRESS. City shall not object to the reasonable movement across its land adjacent to the demised premises by State employees, agents and equ ipment for the purpose of going to and from the demised premises. City shall have the right reasonably to restrict the route of ingress and egress to the demised premises. 5. IMPROVEMENT. State recognizes that the coho facility is located within a city park and is highly visible within the community. State agrees to keep the fish building in good repair. including exterior painting; and will not add to the building or place any external equipment on site without prior consent of City. 6. USE. The demised premises shall be used exclusively as a fish and seafood research and development facility. Any unrelated use of the premises is permitted only upon the prior express written consent of City. Unauthorized, unrelated use of the demised premises by State or its employees shall give City the right to terminate the lease without further notice and to re-enter and retake the demised premises. 7. RESTORATION. At the expiration of this lease, either by the I I passage of time or the earl ier termination by City as herein provided or by agreement between the parties hereto, State shall. at City's request, remove , all improvements from the demised premises and restore the demised premises ,I to substantially the same conditon as that existing prior to the commencement of this lease. Failure within 120 days after the termination of this lease, i for any reason, so to restore the demised premises to the reasonable satis- faction of City shall give City the right to contract for the completion of such restoration and collect the expense thereof from State. along with any costs of collection, including reasonable attorney's fees. 8, H<l.D HAlM..ESS ClAUSE. State and City shall be responsible for its own acts or omissions (and those of its officers. agents and employees); and each party to this lease agrees to indemnify. defend and save harmless the other. to the maximum allowable under Alaska law. from any claim or liability (of whatever kind. including attorney fees) for damages to property or injury to persons occasioned by each party's own acts or omissions in connection with the use and ococupancy of the premises described in this lease. The parties agree to notify each other of any claim, demand, or lawsuit arising out of or affecting State's occupation or use of the premises. Both parties will fully cooperate in the investigation and litigation of any claim. demand. or lawsuit affecting the premises. 9. CITY INSPECTION. City shall have the right, upon two (2) hours' verbal notice from the City Manager, to inspect the entire premises. -2- CITY OF SEWARD, ALASKA AGREEMENT - FISH & GAME . I IN WITNESS WHEREOF, we, the authorized agents of the parties hereto, 'I 'i have this date set our hands and seals. I, ! CITY OF SEWARD, ALASKA BY~;"RRyC'SCHAE'FERMEYER,' City M~~age'; l! ii 'I ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for City of Seward II L-:iN[)A'.S'~"MURPHY ;"city'ci'~~k"" .~'. h , F'RED"v. 'ARVI'D'SON;"cTty"Att~~~~y'"'''' < (City Seal) . STATE OF ALASKA DEPARTMENT OF FISH AND GAME By:."....,. .............. ,. ...'~ . ~ ..... ITS: . ........ .... .. ._,.... ... .. .., ..-.. ,." ..... STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT . THIS IS TO CERTIFY That, on the ........-.. day of ,_............ ......' 1988, '! before me, the undersigned, a Notary Public in and for the state of Alaska, , duly commissioned and sworn as such, personally appeared .__-... '. . ... I _~_.__.....__.._......__."_._...~L............. and LINDA S. MURPHY, known to me and to me I 'I know to be the City Manager and City Clerk, respectively, of the city of Seward, Alaska, and acknowledged to me that the foregoing instrument was executed by them in their official corporate municipal capacity, and that they executed the same pursuant to the authorization of the City Council of ! the city of Seward, Alaska; that the same was executed as the free and i I voluntary act and deed of the municipality to execute the foregoing I instrument, and that the seal affixed hereto is the corporate seal of said municipal ity. I -3- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 88-080 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~~I~OR DUNHAM, GIESELER, HILTON, NOLL, O'BRIEN & SIMUTIS NONE MEEHAN NONE APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK (City Seal) CZut 11/ ~ Fred B. Arvidson City Attorney -2- . . . I I i i I I I I I I LICENSE AGREEMENT FOR SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK THIS AGREEMENT, effective the ~ day of.. "00. . .... .,. . ...' 1988, is made and entered into by and between the City of Seward, Al aska, a ' municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as the "City", and Seward Fisheries, Inc., a I division of Icicle Seafoods, Inc., hereinafter called "Licensee"; I i I, ! : ( 1) er.am.1S.~~. The i i to occupy and use, subj ect to 'I stated, the following-described II 11 I I I I' II II II I City hereby grants to all of the terms and premises: the Licensee a license conditions hereinafter (a) That portion of the municipal Small Boat Harbor dock located on the northwesterly shore of Resurrection Bay within the boundaries of the city of Seward, described as follows: Beginning at the northwest corner where said dock joins and intersects the shorel ine, the TRUE POINT OF BEGIN- NING; thence South for a distance of 352 feet; thence East for a distance of 17 feet; thence North for a distance of 352 feet; thence West for a distance of 17 feet to the TRUE POINT OF BEGINNING; comprising approxi- mately 5,984 square feet. (b) That portion of the municipal boat lift dock located near the municipal Small Boat Harbor dock, described as follows: I i! Ii Ii II il i: I I II I , , Beginning at the northeast corner of the boat lift dock where said dock joins and intersects the shorel ine, the TRUE POINT OF BEGINNING; South along the face of the dock approximately 212 feet to its southernmost point; thence West along the southern face for a distance of 17 feet; thence North along the dock approximately 212 feet to the point where the dock intersects the shorel ine; thence East 17 feet to the TRUE POINT OF BEGINNING; comprising approximately 3,604 square feet. (c) That portion of the wharf located between Lot 11, Seward Industrial Park and the Small Boat Harbor, described as follows: I 1 I I I , Ii Beginning at the Southwest corner of Lot 11, Seward Industrial Park, the TRUE POINT OF BEGINNING; thence East 290.22 feet; thence South 15 feet; thence East +15 feet; thence South ~67 feet; thence West ~65 feet; thence North +5 feet; thence East +20 feet;thence North +24 feet; thence West +255 feet; thence North +40 feet; thence West ~5 feet; thence North 15 feet to- the TRUE POINT OF BEGINNING; comprising approximately 17,665 square feet. . . . , e[TY OF SEWARD, ALASKA t~CENSE AGREEMENT - SEWARD FISHERIES, INC. II II Ii i (2) ~. 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 machines, hoists and grading tables on the dock to be utilized in the unloading and processing of fish, and for any other incidental purposes or use in connection with the Licensee's business. The use of the dock granted to the Licensee is p.r::~fer.~IJ:tf~l and ~ ~.u:i j.'J~. (3) ~. The term of this License is for one (1) year, beginning July 1, 1988, and terminates June 30, 1989. (4) lo~:t~11~t~Qn~. All installations placed upon the above- described portion of the municipal Small Boat Harbor dock and the boat lift dock shall be and remain the property of the Licensee and may be removed therefrom by the Licensee at any time. The construction, operation, mainte- nance and removal of all installations shall be accomplished by the Licensee at its sole cost and expense and in such a manner as will, at all times, enable the City and members of the general publ ic 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) l...ti1.llH1b...onll..Jm:leJPntt:i. The City shall not be 1 iable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal or activity of the Licensee, its principals, officers, employers, employees, associates, agents, represen- tatives, successors, heirs or assigns, licensees or invitees, and the Licensee , does hereby agree to protect, defend, save harmless and indemnify the City, its offic i al s, employees and authori zed representat ives aga inst any loss, cost, damage, expense, judgement or liability of any kind whatsoever, from or by reason or on account or as a result of the activity of the Licensee. (6) L.1~i1.ttY.J.o~u.rAnJ;:?,. Licensee, during the Lease Term, shall carry, at its expense, public liability insurance covering the leased property in an amount of not less than $300,000 for injury or death to anyone person , and $500,000 for injury and/or death to any number of persons in anyone ii accident, and $300,000 for property damage or destruction. The minimum requirements in this section may be increased from time to time by the City in accordance with customs and usage for comparable property in the Seward metro- ,I politan area. ! i (7) Ad.d.ttJQML~...J.o~.u..r::eQ.l..J~1.QtL~..9.L.M.QJ:t.gA.Q.l;!eS....O..~ndI;!r.s lJ ,I tia.1XfU'..Qi..SiU>rD,Q9:t;JpI\. All insurance policies required to be maintained by Licensee shall name Licensee and the City as the insureds, as their respec- tive interests may appear. All pol icfes shall contain an agreement by the insurers that such pol icies shall not be cancelled without at least thirty (30) days' prior written notice to the City, and certificates or copies of all such insurance policies shall be furnished to the City promptly after the issuance thereof. -2- . . . ptTY OF SEWARD, ALASKA ~ICENSE AGREEMENT - SEWARD FISHERIES, INC. I, (8) B..Qmo~AL$;lf..IJ!lJ:!.r.QY.~.IlI!'W.t~. The Licensee hereby covenants and agrees that, on or before the termination of this License, it will remove ' said installation and other appurtenances connected therewith from the I' premises of the City and restore the premises to the condition existing at the time of entering upon the same under this License, reasonable wear and ! tear and damage by the elements or by circumstances over which the Licensee II has no control excepted. I I I (9) ~gA.tr~"..aml..MAll):tenAr.l.<;e\. The cost of general routine I maintenance, including cathodic protection, and repair of any damage to the above-described leased premises occurring during the term 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 firm. Any report generated by such qual ified person or firm shall be made available to the City. Licensee will be responsible for correction of deficiencies described in said report. Licensee will not be responsible for the cathodic protection system until such time as the City has repaired and brought the system up to full operational status. (10) BJul.orL.Qf...WQrl:s...P..lilrf.Qr.D\~sl.. Licensee will provide to the City annually, by March 1, a written report for the previous calendar year, outlining the maintenance and repair work accomplished on the leased premises I and the cost of that work; and a summary of 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 communities for processing. Said reports will be considered confidential material. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. SEWARD FISHERIES, INC. CITY OF SEWARD, ALASKA JOHN.P....WOOORLiFF.. .. '" . ".........-.......... MANAGER . ~ I .. _. ...'. O'ARRVL "SCHAEF'ERM'EYER' ...... CITY MANAGER ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for City of Seward C:iN6A"S':"MURf"HY~"Cfty Ci~~k' -. .. ! (City Seal) F"RED V:'ARVIDSON';"C'ity.'Attorney' -3- CITY OF SEWARD, ALASKA LICENSE AGREEMENT - SEWARD FISHERIES, INC. . STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY That, on the -...... day of .eo. .... ,.." . . .' 1988, before me, the undersigned, a Notary Public in and for the state of Alaska, duly commissioned and sworn as such, personally appeared DARRYL SCHAEFERMEYER, and LINDA S. MURPHY, known to me and to me known to be the City Manager and City Clerk, respectively, of the city of Seward, Alaska, and acknowledged to me that the foregoing instrument was executed by them in their official corporate municipal capacity, and that they executed the same pursuant to the authorization of the City Council of the city of Seward, Alaska; that the same was executed as the free and voluntary act and deed of the municipality to execute the foregoing instrument, and that the seal affixed hereto is the corporate seal of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial the day and year hereinabove written. . N~t~~y' p~bi'i~-1~"~~d'f~'r'Al ~sk~" .- Commission expires,. . _ '" ... ...., ...". STATE OF ALASKA ) ) THIRD JUDICIAL DISTRICT ) ss. THIS IS TO CERTIFY That, on the --..... day of ....... . ..... "'" , 1988, before me, the undersigned, a Notary Public in and for the state of Alaska, duly commissioned and sworn as such, personally appeared JOHN P. WOCDRUFF, known to me and to me know to be the Manager of SEWARD FISHERIES. INC.,and acknowledged to me that the foregoing instrument was executed by him in his official capacity, pursuant to the authorization of said corporation, and that the same was executed as the free and vol untary act and deed of the corporation to execute the foregoing instrument for uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial the day and year hereinabove written. . N~t~~'y''p"~bi'fc''in ~~d"f~; A'l~ska" . . Commission expires._ . ..._.. ""'''_ -4- ~~R o LOT 12 o '" 21,115 5.'. ... I I g ~l ..; :) I ~al .I 10 LOT 13 21,699 S.P. .. :..Ifl\&'" ~ ,..UIf.lNf-. -L _ -.c-- T- 17S.00 1b.&.00 - - - - 972.13 .. . 4 - - .. . . . . . . - . . AREA COVERED BY . LEASE NO. RE-003 AREA COVERED Y LICENSE AGREEMENT SEWARD SMALL BOAT HARBOR ~ALE:r -\00' .-- ( Plat Map] ~ ;:(f;....~ -~ ..' :~.,~ . ... ~~ !oPPfai..X GIIJ~'PZl~~ of !oluk1 I .