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HomeMy WebLinkAboutRes1984-064 . . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 84-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL OF PREFERENTIAL USE OF A PORTION OF THE SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK WHEREAS, THE City of Seward, Alaska, is the owner of that portion of the Municipal Small Boat Harbor Dock described as follows: Beginning at the northwest corner where said dock joins and intersects the shoreline, the TRUE POINT OF BEGINNING; 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 approximately 5984 square feet; and WHEREAS, the City of Seward, Alaska, is the owner of that portion of the Municipal Boat Lift Dock, located near the Small Boat Harbor Dock, and described as follows: Beginning at the northeast corner of the boat lift dock where said dock joins and intersects the shoreline, 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 approxiamtely 212 feet to the point where the dock intersects the shoreline; thence East 17 feet to the TRUE POINT OF BEGINNING; comprising approxiamtely 3604 square feet. and WHEREAS, the City has previously granted to Seward Fisheries, a division of Icicle Seafoods, Inc., preferential use of the portion of the premises described above; and WHEREAS, it is in the public interest to allow Seward Fisheries to continue to have preferential but not exclusive use of the docks; and WHEREAS, preferential use of the docks has not previously been dedicated to the public purpose; and WHEREAS, the City Council hereby finds that it is not in the public interest to dispose of the preferential use of the dock premises -1- . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 84-64 by means of public sale and that it is in the public interest to negoti- ate the disposal of preferential use by means of negotiation with Seward Fisheries: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized and directed to negotiate the disposal of preferential use rights to Seward Fisheries for the portion of the Municipal Small Boat Harbor Dock and the Boat Lift Dock described above according to the terms set forth in the "License Agreement for Seward Municipal Small Boat Harbor Dock" attached hereto and incorporated herein by reference. Section 2. That the City Manager is also authorized to execute the attached License Agreement on behalf of the City of Seward. Section 3. This resolution takes effect thirty days from the date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25 day of June ,19 84 THE. CITY OF SEWARD, ALASKA ? AYES: NOES: ABSENT: ABSTAIN: CRIPPS, GILLESPIE, HILTON, SWARTZ, WILLIAMS, & WILSON NONE NONE MEEHAN ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska %J fZf~ Fred B. Arvidson, City Attorney (City -2- . . . . . LICENSE AGREEMENT FOR SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK iI THIS AGREEMENT is made and entered into by and between the City of Seward, Alaska, a municipal corporation, organized and existing' under the laws of the State of Alaska, hereinafter referred to as the "City", and Seward Fisheries, a division of Icicle Seafoods, Inc., hereinafter called "Licensee"; " i (1) Premises. The City hereby grants to the Licensee a license to occupy and use, subject to all of the terms and conditions heretnafter stated, the following-described premises: (a) That portion of the Municipal Small Boat Harbor Dock located on the northwesterly shore of Resurrection Bay within the boundaries of the C~ty of Seward, described as follows: Beginning at the northwest corner where said dock joins and intersects the shoreline, the TRUE POINT OF BEGINNING; 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 approximately 5984 square feet. (b) That portion of the Municipal Boat Lift Dock located near the municipal small boat dock described as follows: Beginning at the northeast corner of the boat lift dock where said dock joins and intersects the shoreline, 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 shoreline; thence East 17 feet to the TRUE POINT OF BEGINNING; comprising approximately 3604 square feet. (2) Use. 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 process- ing 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 preferential and not exclusive. (3) Term. The term of this License begins on July 1, 1984, and terminates June 30, 1987. . . . I i I I . . I :1 (4) Installations. 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 construc.tion, operation, maintenance and removal of all installations shall be accom- plished 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 public 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. Ii (5) Liability and Indemnity. The City shall not be liable 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, associ- ates, agents, representatives, successors, heirs or assigns, licensees or invitees, and the Licensee does hereby agree to protect, defend, save harmless and indemnify the City, its officials employees and authorized representatives, against any loss, cost, damage, expense, judgment or liability of any kind whatsoever, from or by reason or on account or as a result of the activity of the Licensee. (6) Liability Insurance. Lessee, during the Lease Term, shall carry at its expense public liability insurance covering the Leased property in an amount o~ not less than $200,000.00 for inju~, or death to anyone person and $500,000.00 for injury and/or death to any number of persons in anyone accident, and $100,000.00 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 metropolitan area. (7) Additional Named Insured; Rights of Mortgagees (Lenders; Waiver of Subrogation. All insurance policies required to be maintained by Lessee shall name Lessee and the City as the insureds, as their respective interests may appear. All policies shall contain an agree- ment by the insurers that such policies shall contain an agreement by the insurers that such policies shall not be cancelled without at least thirty 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. (8) Removal of. Improvements. 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 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 has no control expected. (9) Repairs and Maintenance. The cost of general routine maintenance and repair of any damage to the above-described leased premises occurring during the term of this License shall be paid by the Licensee. . . . . . I i! Ii 'I I, \1 . . '(10) Report of Work Performed. City annually, by January 1st, a written nance and repair work accomplished on the of that work. Licensee will provide to. the report outlining the mainte- leased premises and the cost document this IN WITNESS WHEREOF, by and through day of the parties their duly , 1984. hereto have authorized' executed this officials on CITY OF SEWARD, ALASKA RONALD A. GARZINI City Manager ATTEST: LINDA S. MURPHY I City Clerk I I (City Seal) I II II I , I I i SEWARD FISHERIES APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska C;..df?J~ FRED A. ARVIDSON STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 1984, 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 . . . . e . 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 corpo- ration to execute the foregoing instrument, and fhat the seal affixed hereto is the corporate seal of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 1984, 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 of SEWARD FISHERIES, and acknowledged to me that the foregoing instrument was executed by him in his official corporate capacity, and that he executed the same pursuant to the authorization of said corporation; that the same, was executed as the free and voluntary 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 by Notarial Seal the day and year hereinabove written. Notary Public in and for Alaska My Commission Expires: