HomeMy WebLinkAboutRes2015-027 Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2015-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE AGREEMENT WITH ALASKA WIRELESS NETWORK LLC,
FOR A PORTION OF U.S.S. 4828, WITHIN SECTION 12, T1S, R1W,
SEWARD MERIDIAN, SEWARD RECORDING DISTRICT, THIRD
JUDICIAL DISTRICT, STATE OF ALASKA, AND COMBINE THE
EASEMENT AGREEMENT FROM RESOLUTION 2010-048 LOCATED
WITHIN A PORTION OF LOT 1 FOURTH OF ' JULY CREEK
SUBDIVISION, NUMBER 2, AND PLAT NO. 98-09, SEWARD
RECORDING DISTRICT, SEWARD MERIDIAN, ALASKA TOWNSHIP 1
SOUTH, RANGE 1 WEST, SECTION 12, SEWARD,ALASKA
WHEREAS, AWN LLC, ("Lessee") has requested to renew this lease (94-092) for an
additional 10 years with the City of Seward for 2800 square feet, more or less, within U.S.S.
4828, within section 12, T1S, R1W, Seward Meridian, Seward Recording District, Third Judicial
District, State of Alaska;
WHEREAS, the current lease has been in effect since December 28, 1994; and
WHEREAS, by combining the Utility easement agreement from resolution 2010-048 for
an non-Exclusive fifteen foot (15) utility easement at 707 Nash Road, Seward, Alaska located
within a portion of Lot 1, Fourth of July Creek Subdivision, Number 2, and Plat No. 98-09,
Seward Recording District, Seward Meridian, Alaska, Township 1 South, Range 1 West, Section
12, and Located within a portion of Fourth of July Creek Subdivision, Roberts Replat, Plat No.
2006-12, Seward recording District, Containing 1,215 sq. feet. Plus or Minus, into one contract
would benefit AWN and the City; and
WHEREAS, use of the tower is compatible with the use for adjacent lands. The City of
Seward previously approved the tower construction and use. The tower is registered with the
FCC and height was approved by the FAA for air clearance; and
WHEREAS, the tower is permitted under the then existing zoning regulations and
comprehensive land use plan; and
WHEREAS, the tower provides coverage of cellular and data services to citizens and
public agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
r
CITY OF SEWARD,ALASKA
RESOLUTION 2015-027
Section 1. The City Manager is hereby authorized to enter into a Lease Agreement with
Alaska Wireless Network, LLC, and combining the utility easement into one contract, in
substantial form as attached hereto.
Section 2. The recitals set forth above are incorporated herein by reference and adopted
as findings of the City Council. For the reasons stated, this lease to Alaska Wireless Network,
LLC, in the form presented at this meeting will be in the public interest.
Section 3. This resolution shall have an effective date 30 days after its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of
April, 2015.
THE CITY OF SEWARD,ALASKA
/._ _,. _
M•rianna Keil,Vice i ayor
AYES: Casagranda, Terry, Squires, Butts, Darling, Keil
NOES: None
ABSENT: Bardarson
ABSTAIN: None
ATTEST:
•
J. anna 'CMC
ty Clerk
(City Seal)
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Council Agenda Statement
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Meeting Date: April 13, 2015 ° �%`, o
Through: City Manager Jim Hunt q �P
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From: Deputy Harbormaster Norman Regis
Agenda Item: Renew Alaska Wireless Network Lease Agreement
BACKGROUND &JUSTIFICATION:
AWN LLC currently has a lease for 2,800 square feet,more or less,within U.S.S.4828,within Section
12, T1 S, R1 W, Seward Meridian, Seward Recording District, Third Judicial District, and State of
Alaska. This leased area encompasses a cell phone tower and associated electric infrastructure.
Resolution 2010-047 extended the term of this lease through June 30, 2015 for AWN to continue to
utilize this parcel.AWN currently has an Easement agreement with AWN for a Non-Exclusive fifteen
foot(15)utility easement at 707 Nash Road,Seward,Alaska located within a portion of Lot 1,Fourth of
July Creek Subdivision,Number 2,and Plat No. 98-09, Seward Recording District, Seward Meridian,
Alaska,Township 1 South,Range 1 West, Section 12, and Located within a portion of Fourth of July
Creek Subdivision,Roberts Replat,Plat No.2006-12,Seward recording District,Containing 1,215 sq.
feet. Plus or Minus. This Easement agreement was just extended on April 1st, 2014. This Resolution
combines these two contracts into one contract in order to improve efficiency for both the Lessee and
the City.
INTENT:
To enter into a renewed ten year(10)Lease with AWN and combining the Easement Agreement from
Resolution 2010-48 into one contract ending on June 30, 2025, Lessee shall also have the right to
extend this Lease for two additional five (5)year periods.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (document source here): X
3. Other (list):
FISCAL NOTE: The annual rate for this Lease is $1600.00 and is subject to change in accordance
with the consumer price index each year, as well as in accordance with re-appraisals every five years.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION: 021
Council approve Resolution 2015-900 approving the renewed Lease and combining the Easement
agreement(Resolution 2010-048)into one(1)contract ending on June 30,2025 with the option of two,
(2),Five, (5),year extensions.