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Home My WebLink AboutRes1988-081 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE FOURTH AVENUE DOCK BY THE STATE OF ALASKA MARINE HIGHWAY SYSTEM WHEREAS, the city of Seward is the owner of the Fourth Avenue Dock and the "Old Depot" building; and WHEREAS, preferential use of the Fourth Avenue Dock is hereby found to be essential to the effective operation in Seward by the Alaska Marine Highway System; and WHEREAS, the City Council finds that use by the Alaska Marine Highway System of the "Old Depot" building is a necessary and proper accommodation of the Ferry System in order to promote its continued servicing of the city of Seward; and WHEREAS, the City Council finds that the fourth Avenue Dock and the "Old Depot" building have not previously been dedicated to any other public use; and WHEREAS, the City Council finds that the disposition of the use of the Dock and the "Old Depot" building by negoti- ated lease is in the public interest; and WHEREAS, the City Council finds that the public inter- est would best be served by waiving appraisal of the proper- ty in accordance with Section 2-85 of the City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is hereby authorized to negotiate the disposition of the preferential use of the Fourth Avenue Dock and the "Old Depot" building by lease to the State of Alaska Marine Highway System. Section 2. Agreement shall attached hereto The terms of the Lease and Dock License conform to those set forth in the Agreement and incorporated herein by reference. Section 3. This resolution shall take effect thirty (30) days following adoption and posting as required by law. -1- . . CITY OF SEWARD, ALASKA RESOLUTION NO. 88-081 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, thi s ---1l day of June , 19 88 . AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~L'~<:"'_4. HARR . GIESELER, MAYOR 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) 7~ n:/ w.. Fred B. Arvidson City Attorney -2- ii Ii i . 1.U.$I;,NIU1~ UCfN~. ~.J;MENI THIS AGREEMENT, made this <,,, ..-' day of n.. ..,e' . 'N . ,,' 19~, by and between the CITY OF SEWARD, a municipal corporation, organized under and ,: operat ing pu rsuant to the 1 aws of the State of Alaska, hereinafter referred :! to as the "City," and the STATE OF ALASKA, hereinafter referred to as the "State;" System i i by the Ii WHEREAS, the parties intend that the State of be given certain preferential rights in exchange State; and Alaska Marine Highway for moorage fees paid WHEREAS, in connection with these ferry operations, the State : requires a building to be used for ferry offices and operations; NOW, THEREFORE, the parties hereby agree as follows: . I ! 1. er~~J.'t.Y....Q~S,Gr:jD:tjQn: The City leases to the State that structure commonly known as the "Old Depot" building located at 501 Railway Avenue, and preferential berthing rights at the Fourth Avenue dock, both I' shown on the uncertffied plat titled "City of Seward Waterfront Tracts," dated September 1, 1969, and are leased subject to all prior easements, conveyances and restrictions of record. 2. E'.rftf.er.MJ;.1.Ql..P.r.b: 1.1 !iQ.es: The State of A 1 as:,a Mari ne Hi ghway System shall have first priority to berth its ferry vessels at the City of Seward Fourth Avenue Dock. other vessels using the dock or any portion thereof which would interfere in any way with the arrival or departure of the State ferries will be removed immediately upon arrival of the ferry. Any other activities on the dock which will interfere with these preferential berthing privileges shall immediately cease upon arrival of the ferry. 3. ~: The term of the Dock License Agreement, and the right of the State to use the Fourth Avenue Dock, shall be for one (1) year, beginning July 1, 1988, through and including June 30, 1989. This Agreement may sooner terminate by either the City or State upon ninety (90) days' written notice. The term of the Lease for the "Old Depot" Building shall be month-to-month not-to-exceed June 30, 1989. 4. ~: The total annual fee to be paid by the State to the City shall be FIFTY-SEVEN, FOUR HUNDRED FIFTEEN and NO/I00 ($57,415.00) DOLLARS, which consists of monthly rental for the "Old Depot" building of ONE THOUSAND 'i and No/I00 ($1,000.00) DOLLARS and an annual fee for preferential berthing :1 and moorage privileges in the amount of FORTY-FIVE THOUSAND, FOUR HUNDRED FIFTEEN and NO/I00 ($45,415.00) DOLLARS. . S. Q.~cX..Us~. anQ...EiU:k1.ng: The City shall grant to the State the right to utilize the dock as may be required for all loading and unloading operations. The City shall provide snow removal from automobile parking areas and the access to the dock. . . . II, i LEASE AND DOCK LICENSE AGREEMENT RESOLUTION NO. ~ 6. ~ClL, Mafn:t;~.J)jmc~: The State of Alaska Depa rtment of Transportation will repair any damage to the dock which is attributable to . the ferry operations, but will not be held responsible for damages caused by I: others. " Ii 'I II Ii City any from the 7. ~~j~ht.CbRr.~QS: The State will not be required to pay to the fee for vehicles, cargo or passengers moving across the dock to and State ferries. 8. ~qu.j12111~n:t: All equipment of whatsoever nature as shall be installed by the State shall continue to be property of the State and may be removed by the State upon the expiration of this Agreement. 9. Qt:.bAr. D.y;t;.f.~,lU)Jt.I1El .sh1;~: The State shall: (a) use and occupy the building and dock in a careful and proper manner and for lawful purposes only; (b) not assign this Agreement, nor sublease the premises, nor any part hereof, without the written consent of the City; provided, however, such consent shall not be unreasonably withheld; (c) at termination of and tear; provide routine minor maintenance and leave the premises, this Agreement, in reasonable condition less normal wear (d) permit the City to enter upon the premises at all reasonable times to examine their condition; (e) provide util it1es, including fuel oil, electricity and I water, both to the depot building and the MV TUSTUMENA. I I i Ii I' , i i ! (f) space it occupies; provide necessary janitorial services and supplies for the (g) save the City harmless and indemnify it against any loss, damage, claims or liability resulting from (1) any acts or omissions of the State, its agents or employees; or (2) arising out of or from the State occupancy of the building or the dock or operations connected thereto, except for losses caused by the City's own negligence; ii (h) not alter the exterior appearance 1:1' without written consent of the City, but may post building as a ferry ticket office or terminal. If '1 'I I I I I' II Ii of the depot building signs identifying the 10. ;r.I).s\l.rsw.<;~: The City shall maintain casualty insurance on said premises if it deems necessary, but shall not maintain such insurance on State-owned contents. -2- . . . LEASE AND DOCK LICENSE AGREEMENT RESOLUTION NO. ~ 'I i ',I " " i I' IN WITNESS WHEREOF, the parties hereto have executed this document by their duly authorized officials. STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ,I ALASKA MARINE HIGHWAY SYSTEM ~ " CITY OF SEWARD, ALASKA . ".'..' ~~.~...... ~"~"'.""""'."".'.. ,,~......~ ......~ ......"'t ....-.... ..~. ......... ..~ DA'RRYL < SCHAEFERMEYER INTERIM CITY MANAGER .., .. . ...- I I ATTEST: , I Ii I' II i\ II Ii, ii I APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN Attorneys for the City of Seward .....,.. F'~~d'B:"A~.V'i'ds;;n'''' ..... . ...... ~_. ..... Li'r;d~ "S:"M~;p'hY"''''''. ... ..... .. ...., " City Clerk (City Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the ~ day of .......... .... .... .... ., 19~, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared. . . ...... .~...'N............'........................- .. . ..........." known to me and to me known to be the ~..."'.~.......", City Manager of the City of Seward, Alaska, and acknowledged to : i me that the foregoing instrument was executed by them in his official :"".11 corporate municipal capacity, and that he executed the same pursuant to the authorization of the City Council of the City of Seward, Alaska; that the : 1 same was executed as the free and vol untary act and deed of the munic ipal I coprporate seal of said municipality. il i' Ii IN WITNESS WHEREOF, I have hereunto set my hand and affixed my I Notarial Seal the day and year hereinabove written. I I \ I I .1 I i NOTARY' 'PUBLic IN' AND" FOR"AU\SKA My Commission Expires:.. ... ". ~. -3- . :, , i i , I I I I I I I I I I \ I I I I . I! , I I . LEASE AND DOCK LICENSE AGREEMENT RESOLUTION NO. ~ STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. THIS IS TO CERTIFY that on the............. day of ,,,.~..,, ..H'''' ,,' 19-......' before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared ............. .. __~.~......_~""............' known to me and to me known to be the ... "......... .. ....."... , Department of Transportation and Public Facilities for the State of Alaska, and acknowledged to me that the foregoing instrument was executed by him in his official governmental capacity, and that he executed the same pursuant to the authorization of the State of Alaska; that the same was executed as the free and voluntary act and deed of the State of Al aska for the uses and purposes therein mentioned, and that the seal affixed hereto is the corporate seal of the State of Alaska. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. N;t~~y"P'~bi'1~ 1n"a~d -f~'r Ai ~s'k~""'" My Commission expires:... ...".. ... -4-