Loading...
HomeMy WebLinkAboutRes1986-008 . . . . . CITY <F SEWAR>. ALASKA RESOLUTION NO. 86- 8 A RESOLUTION OF THE CITY COUNCIL OF CITY OF SEWARD. ALASKA. PROVIDING FOR THE ACQUISITION OF A PARCEL OF LAND FROM THE ALASKA RAILROAD. AND SUBSEQUENT SUB-LEASE. ALONG WITH CITY PROPERTY. TO THE U.S. COAST GUARD FOR A SHORE SUPPORT FACILITY WITHIN BLOCK 6. OCEANVIEW SUBDIVISION WHEREAS. the U.S. Coast Guard has. for many years. leased on a short-term basis a parcel of land within the Seward Small Boat Harbor for a shore-based support facility; and WHEREAS. the Coast Guard has received appropriations to construct a larger. permanent facility that requires a long-term lease commitment in order to amortize the capital improvements; and WHEREAS. it has been determined that a portion of the lease site is actually owned by the Alaska Railroad Corporation; and WHEREAS. because of the vessel moorage location and previous investment in a sewage lift station. the present site is the only practical location for an operations center; and WHEREAS. the Alaska Railroad Corporation has agreed to lease its portion of the proposed site to the City of Seward in order that it be combined with the City's parcel for lease to the U.S. Coast Guard; and WHEREAS. the City Council finds it in the public interest to acquire said parcel from the Alaska Railroad Corporation and to sub-lease that parcel. along with City property. to the Coast Guard for a shore-based support center; and WHEREAS. the City Council finds it in the public interest to take the above action without benefit of a public sale or bid; and WHEREAS. the City Council hereby finds that the subject parcel has not been dedicated to any other public use; 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 execute the land lease between the City of Seward and the U. S. Coast Guard. a copy of which is attached and incorporated herein by reference. . . . CITY OF SEWARD, AL'A RESOLUTION NO. 86- Page 2 . Section 2. The City Manager is hereby authorized to enter into a lease agreement with the Alaska Railroad Corporation, based on the letter of commitment which is attached and incorporated herein by reference. Section 3. The lease of land to the Coast Guard is contingent upon completion of a lease from the Alaska Railroad. Section 4. This Resolution shall take effect thirty (30) days following passage and posting. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of January , 1986. AYES: NOES: ABSENT: ABSTAIN: BOOHER, GIESELER, GILLESPIE, NONE SIMUTIS NONE ATTEST: (City CITY OF SEWARD, ALASKA APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska 7~f?/~ Fred B. Arvidson, City Attorney . . . ~SPECIAL PROVISIONS OF LE~ BETWEEN THE CITY OF SEWARD AND THE U. S. COAST GUARD 1. 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 1990, 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, reques t renegot ia tion of the current rent. The requested 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. . . . 4. NOTICES: t notice, order, direcAtn", 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 a~proved 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: Utility 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 quarterly rental payment must separate voucher from the Lessor and addressed (fac-2), Seventeenth Coast Guard District, P. Juneau, Alaska 99802-1217. be requested by to: Commander O. Box 3-5000, g~~~ ~2..o-~ ~~ .!~....o.~ .-.- ___7..2,.S. - ...... . . . . . January i5. 1986 The Honorable H=n'Y Gieseler, Mayor Mamhets of the Clty Councll C~t)' of Seward Seward. Alaaka 99664 Re: Lcn,.- Term Lease. U. S. Coast Guard Facllity, Seward AlaaI<a Dear Mayor Cieeitle: and Members 01' the City CouncU: !t l.s at the requesl: of l\I1r. K&r1')l Martin. Admlnlstratlve Aulsl:ant for the CIty of Seward, that I am writing you this letter. t mlgtlt add that Mr. Martin hu professionally and dlligsntly pursued a ruo1uticn to this issue. and I am sorry to MY t.hat, at thli Ume, it eeema 1:0 be the Alaaka Rallroed CQrporal;j,on which "18 hold1ng up progress. The Alaal<a RaUroad CorporatIon I.e nearln; complet1on of a new IOOl;;l-t!rm lease polley and naw long-term lea.. documenl:s. 1 anticipate a flnaL ~al review ana approval of such documents to be completed by our January 27, 1986, Alaika R.U1ooaA:I C"l'pOl'lltl"" li~ M_tlng. OW' old fodo1'1l1 10UC1 dccl.lments are grossly lnedeqU41l:e 'or both l.-or IInd l...no and clln no longer- be used.. In the m"l"l\:lme, l:nia l.tter wW NI'VO tll II letter of commitment l'rom the Alaska Flallroad Corporation to certain t:er'ma th4t will be Included 1n the future leata bel:w..n the Alaej.c. Railroad Corpo!'atlon and the CIty at seward ror the shore support facility. A 1~ dnorlpt1cn of the land 1, enctcaed as Ellh1blt A. 1. The Alaska Ral.1rcad Corporation wlllleue to the CIty of SewMd for 50 percent of the fair marl<et value, as determined by a q1JaUfled appr4!ler. 2. The Clty of Seward and the Alael<a Railroad Corporation will have a mutual termination clause written lnto the lea8e document. 3. Glven Alaska Ftailtcad CorporatIon approval, which will not un:N&~nUll)' b. wi~nh.ld, the CIty of Seward wW hitit'll the right to IiIssIgn or aUb1et the premltM. (Not:.: The concept. .u~et.ed in Items 2 end 3 above, are tc protect the Clty of' Seward. "'ould tt1e U. S. Qg<<" CiUerd ~flWlt or termlnate the 18aM.) tt>1Sl:fl:;1 H:)~II;:j' J~~I:;I \72: r r '38, sr Nl:;lf . . . Mayor 01...1er and Memben of the City COl.lncU. seward, Ala8ka January 1S. 1986 Pa'ile Two Althaugh it 18 h1ghly uncrthcdcx tc 1__ and and allcw . bl,l.\ldlng b;J be conetl'Ucted thaI; "",111 =-<;1_ 1<;1: lln_, _ in 1:hl. ~l",,",~ ~_. 11; 1. the obJeotlve 01' the A~. P'ltellroad Corporation to accommodate the cltlzenll ot S.ward and .uow .~1' the upgrading of' this U.S. Coast Guard facUity. . . Larry J. Houle Assistant Vice PreIldent Realty Polley &: Plannlng Enclosure ~>B~l~ HJ~'J~~~ L2:11 98, Si N~I ....................---_..."...................~...",................--...........- 1 ' . . ..",. M 0fJ' . & .,-It -- _:.... ---=- .. ~N""'. . TN . .CCDS \ /lD.' ~ 11 ~. . .~\ ~ ~.\ ~ ~ ~ .~'\ ~ ~ ~ %, ~\ . \ . . ~~ ~ , ~ .. ~ ~ ':li! ( N89.S'J;''''~' . /00. fJ ' .3.t1.tJ9' 4~91' ~ PARC6L A ~ 319-' Sr. FI. ~ .. . '" ~ ..In ~ 4 I.... ,.., ~ tJ '.l '.' 't I. I"'" . / I. , \. I II. a 47. 23' PAllell. B ~301 .6f, n. t ,..., ,..., ,-,. , ,.~..., , ,- .. ,--'.' f ..... n . ' ')" I , _ , 1-" f I ~, '-'" '.... / ' I \..', ~_/c._ jJl/-11 I '-" 100.00' LEASE AiJ.A rocaIBtT IIA'I II' M ,6.~A..... "ID~ Rao,rr..ond t'l ""-lI'- . eo. ~sew.-ct. M. 99604 439 5th /1tW. PI\. 907"'224-3026 at u.s. toMT euHU) ,tTE lOCATED t" 1lE 5EWMD 5tW.L BOAT HNB)R NEA SEWARD. ~ l' r .. I). ~ ~ -' Job No. 9\5-85 tl>lStntl H:)J.J1:::I' JdCll:! 0S: n 98,. <;1 ~1l:lI .."".,..".."...