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HomeMy WebLinkAboutRes1985-096 . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO, 85-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A SHORT TERM LEASE OF A PORTION OF LOT 16, SEWARD INDUSTRIAL PARK, TO CHRIS BERG, INC. WHEREAS, Lot 16, Seward Industrial Park Subdivision, is vacant and available for short term lease; and WHEREAS, Chris Berg, Inc., has need for an area of approxi- mately one-half acre for the off loading of construction equipment from a barge for a period of approximately two weeks; and WHEREAS, Section 2-95 of the Seward City Code provides that the City Manager may negotiate short term leases subject to Council approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1, The short term lease with Chris Berg, Inc., as negotiated by the City Manager and incorporated herein by reference as Exhibit "A", is hereby approved. Section 2. This resolution shall take effect immediately upon its adoption but is subject to suspension during the first 30 days after passage if sufficient referendary petition is filed in accordance with Section 4,8 of the City Charter. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of September , 19 85 TMTY OF SEWARD, ~LASKA ( . / Udu, {/~4;? DONALD W. CRIPPS, ~~O~ AYES: NOES: ABSENT: ABSTAIN: CRIPPS, GILLESPIE, HILTON, MEEHAN, SCHOLL, SIMUTIS & WILLIAMS NONE NONE NONE -1- . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 85-96 ATTEST: (City Seal) -2- . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska 7~~ f]/~ Fred B. rvidson, C~ty Attorney . . . . . II I, 'I II il ! LEASE AGREEMENT This Lease entered fnto on thfs day of , 19 , between the CITY,QF SEWARD, the Lessor (herefnafter referred to as "The Cfty"), and CHRIS BERG, INC., the Lessee. The Lessee has examfned the descrfptfon of the real property and has fnspected ft, or has voluntarfly decl fned to do so, and fs satfsfied with the descrfptfon and conditfon of ft. The Lessee fs aware of the provfsfons of applicable laws, regulatfons, and ordinances, and fully understands fts dutfes and oblfgatfons under thfs Lease and the rfghts and remedfes of the Cfty. The Cfty and the Lessee, fn accordance wfth the provfsfons of thfs Lease, agree as follows: l. The Leased Land. The Cfty agrees to lease to the Lessee, and the Lessee agrees to lease from the Cfty, the followfng real property (here- fnafter referred to as "the Leased Land") whfch is located fn the state of Alaska: That portfon of Lot 16, Seward Industrfal Park ffled as Plat No. 90, Serial No. 13-349, Seward Recordfng Dfstrfct, Alaska, befng a po~fon of U.S. Survey No. 241, and more partfcularly descrfbed as follows: A 19,750-square-foot parcel located at the south end of Lot 16, Seward Industrfal Park, further outl fned on the attached Exhfbft "A". . . . CITY 0 CHRIS Page 2 SEWARD, ALASKA RG, INC. LEASE ~EMENT . 2. Term. CO/lllllencing August 25, 1985, this Lease shall not exceed one (1) month, unless sooner terminated by either party, provided such notice is in writing at least fifteen (15) days in advance. By mutual agreement, this Lease may be extended month-to-month for up to three (3) additional months. 3. Rent. The Lessee shall pay the City the first month's rent in advance, without demand, at the rate of $.32 per square foot, or FIVE HUNDRED TWENTY-FIVE and NO/100 ($525.00) DOLLARS per month, minimum one (1) month's rent. The rent is payable at the City's address stated in Paragraph 22(A) of this Lease. 4. Use of Land. A. The Lessee must use and occupy the Leased Land in compliance with all applicable laws, regulations, ordinances and orders promulgated, or which may be promulgated, by a public authority, including those of a building or zoning authority and those relating to pollution and sanitation control. The Lessee shall properly locate himself and his improvements on the Leased Land, and may not cO/lllllit waste, whether amelio- rated or otherwise. In addition to any laws, regulations, ordinances and orders, the Lessee shall maintain the Leased Land and all improvements thereon in a reasonably neat and clean condition, and shall take all prudent precautions to prevent or suppress grass, brush, or forest fi res, and to prevent erosion or destruction of the Leased Land. The Lessee may not use the Leased Land for any other purpose other than storage and handling of construction equipment and supplies without prior written approval of the City. . . . CITY 0 CHRIS Page 3 SEWARD, ALASKA RG, INC. LEASE 1IIfEMENT . B. Lessee's Ri~ht to Build - General Conditions. Lessee may not fill or dredge below the mean high water mark without a permit from the Corps of Engineers. Lessee shall not, at any time during the Lease term, erect, ma inta in, al ter, remodel, reconstruct, rebu 11 d or repl ace bu11 ding (s) and other improvement(s) on the Leased Land. (1) The Leased Land shall at all times be kept free of all mechanics' and materialsmen's liens. C. Lesse's Ownership of Trade Fixtures, Machinery and Equipment. All trade fixtures, machinery and equipment of whatsoever nature at any time constructed, placed or maintained upon any part of the Leased Land shall be and remain the property of Lessee or its tenants as their interests may appear and may be removed or replaced at any time during the lease term, provided Lessee or its tenants repair any and all damage to the bu11ding or improvements resulting from such removal or replacement, and such removal or replacement does not substantially and adversely affect the normal functioning of the contemplated building. 5. Reservation of Public Access. The City and the Lessee agree that the Leased Land has a unique location between the Alaska Railroad Dock and the Seward Industrial Park. The Lessee agrees that it will not destroy or damage existing vegetation, water or wildlife habitat beyond that damage necessitated by the Lessee's operations. The Lessee agrees to permit public access through the Leased Land as may be necessary. 6. Encumbrance of the Land. During the term of this Lease, the Lessee may not encumber the City's title to the Leased Land, nor enter into any lease, easement or other obligation of the City's title without the 'I CIlY 0 SEWARD, ALASKA CHRIS RG, INC. LEASE AG~ENT Page 4 . . . . prior written approval of the City. Any such act, without the prior written approval of the City, is void as against the City's title to the Leased Land' . 7. Assignment of the Land. The Lessee may not assign this Lease or sublet the Leased Land, and no assignment or subletting is effective without the prior written approval of the City. No assignment or subletting will be approved until the assigneee agrees to be subject to the provisions of this Lease in the same manner as the original Lessee. An assignment or subletting by the Lessee does not end the Lessee's obligation to, pay the rent required for the full term of this lease. 8. Denial of Warranty ReQardinQ Conditions. The City makes no warranty, express or implied, of environmental values of the Leased Land, including, without limitation, the so11 conditions, water drainage, or natural or artificial hazards which mayor may not exist, the appropriateness of the land classificatfon, or the profitability or fitness of the land for any use. 9. Agreement to Terms of Lease Documents. The City and the Lessee agree that each of the provisions of this Lease, and any val tel amendments or attachments hereto, are merged and incorporated into this Lease and are binding upon themselves and upon their respective successors. The City and the Lessee further agree that this Lease fs conditioned upon satisfactory performance by the City and the Lessee of all conditions contained in ft. 10. Condemnation of Leasehold or Improvements. If all or part of the Leased Land is taken by any authorized body or person vested with the . . . CITY 0 CHRIS Page 5 SEWAf{), ALASKA RG, INC. LEASE ~EMENT . power of eminent domain, by negotiation, court action, or otherwise, the following provisions control: A. TakinQ of the Entire Parcel. If all of the Leased Land is taken by condemnation, the terms of the Lease and all rights of the Lessee immediately terminate. The City is entitled to all of the proceeds attributable to the fair market value of the improvements placed on the condemned parcel by the Lessee. B. TakinQ of Substantial Part of Parcel. If the taking is of a substantial part of the Leased Land, the following rules apply: (1) If the taking by condemnation reduces the ground area of the Leased Land by at least thirty (301) percent or materially affects the use of the land by the Lessee, the Lessee has the right to elect to terminate or not to terminate the Lease by written notice to the City no later than fifteen (15) days after the date of taking. (2) If the Lessee elects to terminate, the provisions in A. of this paragraph govern the condemned portion of the Leased Land and the terms of the Lease govern disposal of the remainder of any improvements made by the Lessee. (3) If the Lessee elects not to terminate, the Lease continues and the City is entitled to the full condemnation proceeds except the portion attributable to the fair market value of the improvements placed on the condemned portion of the Leased Land by the Lessee. C. TakinQ of Insubstantial Part of Parcel. If the taking by condemnation reduces the ground area of the Leased Land by less than thirty (301) percent and the City determines that the taking is of such an SEWARD, ALASKA RG, INC. LEASE AGREEMENT . ~ . . insubstantial portion that the Lessee's use of the land is not materially affected, the provisions of 8.(3) of this paragraph will govern. 11. Valid Existing Rights. This Lease is entered into and made subject to all valid existing rights, including easements, rights-of-way, reservations, or other interests in the Leased Land, in existence on the date the Lease is entered into. 12. Inspection. The City must be accorded reasonable 'access to the Leased Land for the purposes of inspection to assure the faithful performance of the provisions of the Lease and other lawful requirements. 13. Minerals. Nothing in this Lease shall authorize the Lessee to exercise any rights in regard to 011, 011 rights, minerals, mineral rights, natural gas rights, and/or other hydrocarbons that may be in or upon the Lease Land. 14. Surface Reservations. Unless otherwise stated in this ;.,,~,- . '.~~' t,'" .;~ .., f Lease, the Lessee may not sell or remove for use elsewhere any of the surface resources of the Leased Land, such as stone, gravel, sand, peat, topsoil, timber, or any other material valuable for building or commercial purposes. ~ 15. Acquisition of Rights or Interests. Any right or interest acquired during the term of this Lease, and accruing to the benefit of the Leased Land, remains appurtenant to the land during that term and may not be severed or transferred from the land without the prior written consent of the City. If this Lease is terminated or is forfeited, any. such right or interest reverts to the City. - . . . I Cln OF: SEWARD, ALASKA CHRIS BERG, INC. LEASE AtlJEMENT Page 7 . I I other I Lease. l6. Wa1ver or Forbearance. The C1ty's rece1pt of rent or any sum of money from the Lessee does not wa1ve any prov1s1on of th1s The fa1lure of the C1ty to enforce any prov1s1on of th1s Lease does not affect 1ts r1ght to enforce any other prov1s1on 1n the event of a subsequent breach or default by the Lessee. Any wa1ver of enforcement by the C1ty 1s va11d only 1f 1t 1s 1n wr1t1ng. The C1ty's rece1pt of rent or any other sum of money does not re1nstate, cont1nue, or extend th1s Lease after any not1ce of term1nat10n wh1ch may have been g1ven by the C1ty. 17. Breach and Remed1es. A. T1me 1s of the essence 1n th1s Lease. If the Lessee breaches any prov1s10ns of th1s Lease or any va11d amendments or attachment thereto, and the breach 1s not remed1ed w1th1n f1fteen (15) days after wr1tten not1ce of 1t's hav1ng been served on the Lessee by the C1ty, the Lessee 1s subject to any legal act10n that the C1ty cons1ders appropr1ate, 1nclud1ng the term1nat1on of th1s Lease. However, 1mprovements now on the Leased Land, or temporary 1mprovements wh1ch may be placed on 1t dur1ng the term of the Lease, may be removed from 1t dur1ng any t1me 1n wh1ch th1s Lease 1s 1n breach, subject to the l1m1tat10ns conta1ned 1n pargraph 19. The C1ty 1s not l1able for any expend1tures made by the Lessee 1n the event of the term1nat10n of th1s Lease. B. If th1s Lease 1s term1nated by summary proceed1ngs or 1n any other manner, the C1ty, after wr1tten not1ce to the Lessee, may 1mmed1ately, or any t1me afterward, enter or reenter, take possess10n, repossess10n, or d1spossess1on; any such act10n by the C1ty, whether taken by summary proceed1ngs or otherw1se, does not release or d1scharge the I, " . CI1Y OF, SEWARD, ALASKA CHRIS BERG, INC. LEASE A.EMENT Page 8 .. II I! . . , Lessee, either in whole or in part, from any monetary liability to the City under this Lease. 18. Disposition of Improvements and Chattels and Termination. A. The Lessee must, within fifteen (15) days after the termination of the Lease by the City or by operation of Law, remove all improvements and chattels located on the Leased Land if the removal will not damage the land or seriously impair its redisposal, and if removal is authorized in writing by the City. After removal, the Lessee can demonstrate undue hardship. B. If any improvements or chattels of an appraised value of more than TEN THOUSANJ and NOIlOO ($10,000) DOLLARS, as determined by the City, are not removed from the Leased Land within the time allowed, they . may, upon thirty (30) days' written notice to the Lessee, be sold at public auction under the direction of the City. The proceeds of sale will inure to the Lessee who placed the improvements or chattels on the land, after deduction for the beneift of the City of all money due and owing under this Lease and all expenses incurred in administering the termination and conduction of the sale. If there are no other bidders at the sale, the City may bid on the improvements or chattels, and the City will acquire all rights, both legal and equitable, which any other purchaser could acquire through a sale and purchase. C. Any chattel or improvements which have a total appraised value of $10,000 or less, as determined by the City, and which are . authorized for removal by the City but are not removed within the time allowed, become the absolute property of the City upon the expiration of the time allowed for removal. . . . CITY OR, SEWARD, ALASKA CHRIS BERG, INC. LEASE ~EMENT Page 9 ! . i 20. Indemnity of City. The Lessee shall indemnify and hold the I City harmless from all claims and demands for loss or damage, including I property damage, personal injury, wrongful death, and wage or employment I II claims, arising out of or in connection with the use or occupancy of the IrlLeased Land by the Lessee or his successors, or at his invitation. I' 21. Surrender of Land. Upon the expiration or termination of this ,i jLease, Lessee shall immediately leave the Leased Land. i !I To the City: City Clerk City of Seward P. O. Box 167 Seward, AK 99664 B. Any notice or demand which must be given or made by the City or the Lessee in writing is complete when sent by United States certified mall to the address shown in the Lease, or to any other address that the parties may designate in writing. A copy of any notice must be forwarded by the City to the holder of any security interest in the Leased Land who has properly recorded its interest in the Lease with the City. 23. InteQrat10n and Modification. This Lease, including all documents which by reference are incorporated herein or made a part hereof, contains the entire agreement between the parties. This Lease may not be modified or amended except by a document signed by both parties to this Lease. Any amendment or modification which is not in writing and signed by both parties is of no legal effect. . . . CITY Off; SEWARD, ALASKA CHRIS BERG, INC. LEASE ~EMENT Page 10! . I' !I " 'I 24. Severab1l1ty of Clauses of Lease. If a provision of this Lease is adjudged to be invalid,' that judgement does not affect the validity of any other provision of this Lease, nor does it constitute any' cause of action in favor of either party as against the other. 25. "Successor" Def1 ned. In this Lease, "successor" means any heirs, assigns and sublessees and other successors-in-interest. 26. Construction. Words in the singular number include the plural number; words in the plural number include the singular number. 27. Head1nQs. The headings of the numbered paragraphs in this Lease shall not be considered as construing any provision in this Lease. 28. Referendum. It is understood that this short-term lease, issued in accordance with Sec. 2-95 of the Seward City Code, is done so without benefit of a public hearing. This Lease may be suspended during the first thirty (30) days after passage of the enacting resolution 1f a sufficient referendary petition is filed in accordance with Sec. 4.8 of the City Charter. BY SIGNING THIS LEASE, The CITY OF SEWARD, as Lessor, and CHRIS BERG, INC., as Lessee, agree to be bound by its provisions as set out above. LESSOR: LESSEE: CITY OF SEWARD, ALASKA CHRIS BERG INC. RONALD A. GARZINI, City Manager Ii " . . . I CITY OR!SEWARD, ALASKA CHRIS BERG, INC. LEASE ~EMENT Page l~ I ! . ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska II Linda S. Murphy, City Clerk , (City Seal) I' il 'I STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) Fred B. Arvidson, City Attorney THIS IS TO CERTIFY that, on the day of , 1985, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared RONALD A. GARZINI, 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 Council 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. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public for State of Alaska My Commission expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1985, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared lawful agent for CHRIS BERG, INC., known to me and to me known to be the person who executed the foregoing instrument for and on behalf of CHRIS BERG, INC., and who acknowledged that he signed the same freely and voluntarily for the uses and purposes therein contained. , II CIlY oF! I SEWARD, ALASKA . CHRIS BERG, INC. LEASE AGREEMENT p.11 I . . . IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year first hereinabove written. 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