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HomeMy WebLinkAbout09282015 City Council Laydowns............ ,...... .... . q/23/5 Seward Harbormaster(907)224-3138 W A R D Moorage Slip Utilities(Water,Ellectric)'i 250&50 Ton Travelift';Boat Launch S E Seward Heavy Industrial Power(907)224-3854 Diesel And Transmission Repair Seward Job Center(907)224-5276 IL Employment Services For Employers and Job Seekers Seward Seaman's Mission(907)224-8482 marine Christian Ministry To Crew Telephones Video Library Music Room Email Recreation Seward Ship's Ace Hardware&Marine(907)224-5640 Marine Hardware&Services I Welding&Fabrication Sandblasting&Painting Boat Storage SewMar (907)224-4378 serivices Selling and Leasing of Marine Shop Spaces Shoreside Petroleum(907)224-8040 Marine Fuel Provider With Marine Lubricants,Filters Marine Refueling Dock ----- ,,..._ S uilders 07) LupmberdHBardw Hardwoods MaMarine Plywood Hardware Fiberglass Matt Resins .f is �r��_ Stage Line(907)235-2252 — Scheduled Transportation Between Anchorage,Seward and Homer $' -� Storm Chasers Marine Services,Inc.(907)224-3536 -ash ? _ 1,, - _ Full Service Boat Yard Commercial DivingWeldingCrane Service',Dock Buildingand RepairLAILL. - _ _ `— Totem Ocean Trailer Express(907)276-5868 :- 4- - • -jr,-- -;,- Cargo&Freight Shipping -- •+� j .,- Two Dogs Trucking(907)224-3630 - \\ , - — -4 ,--'fir- - Door-To-Door Same Day Service,M-F ,•,..----~'"' N -'' • University of Alaska Fairbanks-Seward Marine Center(907)224-5261 ii'}� i - Educational And Fisheries Research Programs ,. �� ,�/ Z Vigor,Alaska(907)224-3198 `� �� V4 " Full Service Shipyard Drydock Capacity:5,000 Ton,350 Ft.Field Services Mobile Crane to 80 Ton " ' ' 1/4-. - — '�-' - r a,t+� oci Helpful Phone Numbers , - '`• ..,40C1111 - _. ' i ' '> Emergency 911 Alaska Bureau of Wildlife Enforcement (907)224-3935 LOCAL BUSINESSES PROVIDING MARINE PARTS,REPAIR,AND SUPPORT SERVICES Alaska Sea Life Center (907)224-6300 Alaska State Troopers (907)224-3346 Provided by the Seward Chamber of Commerce as a service to the marine US Coast Guard Search&Rescue (800)478-5555*CG(cell) fleet and users of the Seward Commercial Port and Small Boat Harbor Harbormaster (907)224-3138 Channel 17 VHF Providence Seward Hospital (907)224-5205 Seward Community Health Center (907)224-2273 mb , Seward Fire Department (907)224-3445 ^��•r a= Seward o com �� Seward Police Department (907)224-3338 4:017-4_ 4__ ltasio,, S-1-aers tet.o ., =IMMIlr 7gIIIIIIMIIIIINME 11=1=111W/11.1 Alaska Logistics(206)767-2555 ILWU Local(907)224-5515 Scheduled Barge Service From Seattle And Seward To Western Alaska Alaska Longshore Division,Seward Unit Alaska Marine Coatings,LLC (907)382-0586 J&R Fisheries(907)224-5584 Boat Repairs/Storage Marine Support Services Wholesale&Retail Fresh Frozen Seafood Wild Alaska Product Alaska Marine Fabrication&Repair (907)362-2166 J-Dock Seafood Company(907)224-7272 Marine Support Services Sport Caught Fish Processor and Seafood Market:Fresh Frozen I Custom Processing I Shipping Alaska Railroad Corporation(907)265-2209 Kenai Fjords Gifts(907)224-3041 Freight Intermodal Operations;Odd-sized,Heavy,Containerized,And Hazardous Freight Outdoor Gear Featuring Polypro Long Underwear Fleece Pvc And Helly Tech Rainwear&Bibs Alaska Vocational Technical Center(907)224-3322 Kenai Fjords Yacht Club www.kfyc.org Uscg-approved Marine Training Facility 1 World-class Ship Simulator Custom Training Member of Yachting Club of America Amerigas(907)224-3864 Knots So Fast(907)224-3572 Propane Fuel Commercial Fishing Gear&Marine Supplies Anderson Tug&Barge Co.(907)224-5506 Mountain View Sports (907)422-0400 Coastal Towing Ship Assist And Harbor Tug Services Carrying Patagonia Arc'teryx&Carhartt Brand Clothing Aurora Energy Services,LLC(907)224-3120 National Marine Fisheries(NOAA)(907)224-5348 Coal Export Conservation and Management Bay Barge Company-Dock Store(907)224-2274 Northstar Terminal&Stevedore Co.(907)224-5477 Marine Products Bait I Tackle 1 Ice Terminal Operations Marine Logistics Heavy Equipment Leasing Bay Traders True Value&The Fish House(907)224-8286 Polar Seafoods(907)224-7066 Paint,Zincs,Chain,Anchors,Line And Commercial Fishing Clothing&Supplies Purchase&Process Commercially Caught Seafood Captain Jack's Seafood Locker(907)224-8082 Portage Transport(907)224-2232 Custom Fish Processing Equipment Transport Carlile(907)224-5413 Raibow Fiberglass&Boat Repair,LLC(907)821-8015 LTL and TL Deliveries To The Local Area And Freight Handling I Tracking I Receiving'Distribution Full Service Boatyard Mechanical Welding I Storage I Fiberglass I Structural I Cosmetic I Painting Catalyst Marine Engineering(907)224-2500 Resurrection Bay Seafood(907)224-3366 Service Includes Re-powers Inserts Welding Remodels Equipment Sales Leased Space Buyers of Wild Alaskan Seafood City Express(907)224-5605 Resurrection Rental(907)224-3400 Daily Shipping Service Between Seward And Anchorage Sandblasters!Compressors I Welders I Man Lifts I Water Pumps I Forklifts I Porta-potties Coast Guard Auxiliary(907)224-8237 Ronald E.Long Marine Surveys(907)224-7068 Vessel Safety Checks Safe Boating Courses Search&Rescue Assistance Condition&Value Damage Cargo Surveys Ultrasonic Tests Corrosion Analysis';Consulting Communications North(907)224-8908 Sailing,Inc.(907)224-3160 Marine Electronics I Nay.&Comm I Equipment Sales&Service 124-hr Service I Will Travel Boat Brokerage For New&Used Sail And Motor Yachts I Asa Sail Training Facility I Boat Rentals Cool Hand Luke's Small Engine Repair(907)224-3177 I Canvas(907)224-3431 Outboard Repair Custom Boat Upholstery Glacier Family Medicine(907)224-8733 Samson Tug&Barge(907)224-7060 Medical Clinic Provides Scheduled Barge Service From Seattle Icicle/Seward Fisheries(907)224-3381 Seward Bus Line(907)224-3608 Purchase Process Pack Commercially-Caught Halibut Sablefish j Salmon;Fresh Frozen I Canned Scheduled Service Between Anchorage and Seward i S foe,SUAtiti,ii G //Vitt,/ ® PRESENTERS • �� 64. Alaska Center rklt •sqr. for Energy and Power YourCleanEnergy LLCEn SEWARD Renewable Alaska Energy Project ! ot M ,`�A .,. Kodiak Electric Association, Inc. ENERGY ,. �rM '�J#`. Chugach Electric Association X41 44 Alaska Housing Finance Corporation4 ge UAA College of Engineering Alaska Energy AuthorityFORUM :15 Alaska Efficient Energy Solutions Ma+ EXHIBITORS 0 .4 .,�, Seward Chamber = FAIR of Commerce/SAEG tallibil" ; AVTEC Energy & Building Technology Department �_.'•!SM Alaska Efficient Energy Solutions GEOTHERMAL , BIOMASS , r 'SOLAR , WIND , HYDRO Alaska Housing Finance Corporation Susitna Energy Systems Renewable Alaska Energy Project Alaska Center for Energy & Power KEYNOTE Your Clean Energy, LLC. Chugach Electric Association PRESENTATIONS Alaska Energy Authority SUPPORTERS WORKSHOPS First National Bank Alaska D EMONSTRAT IO NS Major Marine Tours Harbor 360 Hotel Kenai Fjord Tours EXH I BITS Kayak Adventures Worldwide Alaska Wildland Adventures DRAW 1 NGS Alaska Rivers Company Stony Creek Canopy Tours STUDENT ART Zudy's Cafe CONTEST FRIDAY, OCT 9 HOME Sc 10 AM - 5 PM BUSINESS ENERGY TOUR SATURDAY OCT 10 10AM - 4PM AVW,Cik.Pr4a'A,% .&o6 7e ,wPo , akaai� _ Seward®com Settled Sera,Codex A1r� lc.sto st..is , ,. Report to City Council 28 September 2015 Seward Chamber of Commerce. CVB Cindy Clock After tallying up all the visitor stat sheets from this summer, I found we had just over 15,000 folks stop by the visitor center so far this year. That's up about 1500 from 2014. The Chamber has 13 new members — and if I could just take a minute I'd like to share with you who they are! Safeway, Black Water Railroad, Alaska Music Live, The Cookery, Harbor 360 Hotel, His & Hers Alaska, Howling Wolf Espresso, Alaska Seafood Grill, Advanced Physical Therapy Seward, Resurrection Taxi, Dragonfly Fishing Guides, On Time Maintenance & Construction and Zak's Realty O We applaud these businesses for making excellent decisions by investing in both their future success & their local chamber! Next Chamber Lunch is October 2 upstairs at Chinook's Waterfront Restaurant. We'll hear from an Alaska Energy Authority rep — and just in time too because the 2nd Annual Energy Forum & Fair is Oct 9 & 10 at the AVTEC Student Services Bldg on 4th Ave. Great speaker line-up and innovative vendors — Keep the flyer, invite your friends! The October 16 Chamber Lunch will be back at the Breeze Inn conference room when we hear from Gary Stephens, Friends of the NRA. At our SMIC meeting last Friday (with both business and public, or City, folks at the table) I was able to witness Seward Strategic Doing at it's finest! We discovered there'd been a miscommunication about where the electric pedestals were to be installed over at SMIC. After the open and collaborative dialog at the SMIC group meeting, our Mayor & Harbormaster were able to talk with City Admin and the Electric Dept is now rectifying the situation. Well done! I'm very proud of the work that both the Alternative Energy group and the SMIC group have accomplished. Although we'll be saying goodbye to facilitator Melissa Houston this year — we have big plans to keep both groups moving forward in 2016. Just prior to the Energy Fair, the ATIA Fall Conference is held in Juneau, Oct 5 — 8. The Alaska Chamber Fall Conference is back in Fairbanks Oct 12 — 14. We'll be saying farewell and good luck to President & CEO Rachael Petro. Rachael is moving to Wenatchee, WA. Thanks to everyone that helped with Meet the Candidates Night last week. Thanks to the candidates for attending the event and best of luck to you all. In Force-This 20120&M Agreement is an addendum to current 2014 Agreement 61/l ` Z5 C I Mbj -rim this subsection, and any lease of the Managed Parcel by City shall incorporate NW/ obligations of the lessee in the terms of Article IV for the benefit of City and Operator. 11 (b) Operator may use all or any part of Managed Parcel for the temporary storage of vessels at the current day lay charge stated in City's harbor tariff. This permission for use by Operator may be revoked by City at any time. Unless City and Operator agree otherwise, any other use by Operator of the Managed Parcel shall be subject to rental charge per square foot equal to double the per square foot rent represented by the currently effective Rent under the Lease. Section 2.08 - Inspection by City. City may at any time enter the Shiplift Premises, for the purpose of inspection to determine Operator's compliance with the terms of this Agreement. Such inspection may include the taking of samples of soil or water, and the reviewing and copying of any records relating to the operation of the Shiplift Facility. ARTICLE 3 Operation and Maintenance of Shiplift Facility Section 3.01 - Revenue. Operator shall have the right to collect and retain all Revenue received from the Shiplift Facility, and Operator shall account separately for all Revenue received by Operator. Section 3.02 - Annual Facility Costs. Operator shall pay the Annual Facility Costs for each Fiscal Year. Annual Facility Costs consist of the following, properly incurred or paid during each Fiscal Year: (a) Maintenance and Operation Costs of the Shiplift Facility; and (b) Amounts which may be required to pay the costs of major renewals or replacements of the Shiplift Facility, to the extent that such costs are not covered by insurance. Section 3.03 - Operation of Shiplift Facility. (a) Operator shall at all times maintain, preserve and keep, or cause to be maintained, preserved and kept, the Shiplift Facility and all additions and betterments thereto and extensions thereof and every part and parcel thereof in good repair, working order and condition and will from time to time make or cause to be made all necessary and proper repairs, renewals and replacements thereto and may from time to time make City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 9 Current-2014 1 . Assignment, Assumption and Amendment of Agreement This ASSIGNMENT, ASSUMPTION AND AMENDMENT OF AGREEMENT (this "Agreement') is made this [] day of June, 2014, by and among Seward Ship's Drydock, Inc., an Alaska corporation ("Assignor"), Vigor Alaska - Seward LLC, an Alaska limited liability company ("Assignee"), and the City of Seward, Alaska, an Alaska municipal corporation ("City'). RECITALS A. By that certain Maintenance and Operating Agreement, dated as of April 1, 2012, copies of which are attached hereto marked ANNEX A (the "M&O Agreement'), by and between City and Assignor, Assignor agreed to operate and maintain a shiplift facility owned by City. B. Pursuant to that certain Asset Purchase Agreement (the "APA") dated as of May 2, 2014 by and between Assignor, as a Seller Party, and Assignee, as Buyer, Assignor agreed to sell and Assignee agreed to purchase from Assignor, substantially all of Assignor's business assets and to assume certain specifically identified liabilities of Assignor. C. As further consideration for the transactions contemplated by the APA, Assignor desires to assign the M&O Agreement to Assignee and Assignee desires to accept, as of the date hereof, which is contemporaneous with the closing of the transactions contemplated by the APA, such assignment and assume and discharge the obligations of Assignor arising from the M&O Agreement from and after the date hereof pursuant to this Agreement. D. The M&O Agreement provides, among other things, the right of Assignor to assign the M&O Agreement, subject, nevertheless, to the consent of City. E. City and Assignee desire to amend the M&O Agreement, effective upon the assignment from Assignor to Assignee, as provided in this Agreement. AGREEMENT. NOW, THEREFORE, for and in consideration of the covenants herein contained and intending to be legally bound hereby the parties do hereby agree as follows: 1. Recitals; Definitions. The recitals set forth above are incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the same meaning as in the M&O Agreement, the provisions of which are incorporated herein as fully set forth herein. 2. Assignment of M&O Agreement. Subject to the terms and conditions of this Agreement, Assignor does hereby assign to Assignee all of Assignor's right, title and interest in and to the M&O Agreement (as the same is amended by this Agreement) (the "Assignment'). Assignee does hereby agree to and accept the Assignment and assume and agree to keep, perform and fulfill all of the terms, covenants, conditions and obligations otherwise required to be kept by Assignor under the M&O Agreement (as amended by this Agreement) on and after the date hereof. 3. Direct Agreement. The M&O Agreement shall continue in full force and effect as a direct agreement between City and Assignee, as Operator thereunder, upon and subject to all of the terms, covenants and conditions of the M&O Agreement (as amended by this Agreement). 4. Amendment to M&O Agreement. City and Assignee hereby amend the M&O Agreement, effective as of the date hereof, to provided as follows: 4.1 Term. Section 2.01 is hereby deleted in its entirety and substituted with the following: "The Agreement Term commences on June [ ], 2014, and unless sooner terminated as provided herein ends at the earlier of (i) date of expiration or termination of the Lease term, and (ii) June [], 2019". Current- 2014 other proceedings and costs and expenses (including attorneys' fees), arising directly or indirectly from or out of or in any way connected with Pre- existing Contamination; provided, however, that such obligation to indemnify with respect to Pre-existing Contamination not disclosed in, arising out of or related to contamination revealed in the Baseline Audit shall only be effective at such time as all funds held pursuant to that certain Escrow Agreement, by and among Operator, Seward Ship's Drydock, Inc. and James Pruitt, dated as of June [], 2014, shall have been fully released by the parties thereto, and that all expenses associated with such indemnification are subject to appropriation by the City Council of City, which shall not unreasonably (in light of the intents and purposes of this Section 2.03(f)) be withheld. Further, City agrees to act with all dispatch and use all reasonable means to secure Federal, State or local appropriations to satisfy its obligations under this Section 2.03(f). In no case shall the indemnification obligations of City pursuant to this Section 2.03(f)(ii)(C) apply following the four (4)-year anniversary of the Assignment." 4.3 Assignment. Section 5.02 is hereby deleted in its entirety and shall be substituted with the following: "Section 5.02 - Assignment. Notwithstanding Section 5.01, Operator may assign its entire interest under this Agreement to (a) a person to whom Operator sells its vessel repair and construction business, provided that the assignee and terms of the assignment shall be subject to approval by City, or (b) any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, Operator, without consent or approval by City." 4.4 Notices. Operator's notice address provided for in Section 7.04 is hereby amended as follows: Vigor Alaska - Seward LLC c/o Vigor Alaska LLC 3801 N. Tongass PO Box 9470 Ketchikan, Alaska 99901 Attention: Adam Beck 5. Warranties and Representations. 5.1 City. City hereby represents and warrants that the document attached hereto as ANNEX A is a true and correct copy of the M&O Agreement. The M&O Agreement is in full force and effect and has not been amended by any agreement, written, verbal or otherwise, between Assignor and City. Other than the provisions of this Agreement, that certain Ground Lease dated April 25, 1995, as amended, the M&O Agreement represents the entire agreement between City and Assignor relating to the Shiplift Premises. City has the right, power and authority to enter into this Agreement. 5.2 Assignor. City has complied with its obligations under the M&O Agreement and has not assigned its interest in the M&O Agreement. Assignor represents, warrants and covenants to Assignee that, as of the date of this Agreement: A. Neither City nor Assignor has taken any action to terminate the M&O Agreement prior to its expiration pursuant to its terms. B. No rent has been paid in advance other than the current quarter and as otherwise provided by the M&O Agreement, subject, however, that any rents due and owing by 4 S Council Agenda Statement .of 5E'. Meeting Date: September 8, 2014 Through: City Manager Jim Hunt As14-P From: Harbormaster Mack Funk Agenda Item: Harmon Properties LLC Seventy-Nine Year Term Extension for Lease 13-108 at Lot 3, Block 3 Seward Marine Industrial Center BACKGROUND &JUSTIFICATION: Harmon Properties LLC, owned by Carol and Lawrence Harmon, has requested to extend their lease by 79 years to make a total term of ninety-nine years. All else being equal, a longer lease will afford greater security for financing purposes. The current Municipal Land Use Plan adopted by the City Council designates SMIC lands for lease. The parcel is located between Jellison and Mustang Avenues and between the Raibow and Alaska Logistics lease parcels. INTENT: To approve a lease amendment between the City of Seward and Harmon Properties LLC on Lot 3, Block 3 Fourth of July Creek Subdivision at the Seward Marine Industrial Center for boat storage and repair operations. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here):This lease meets the plan X goals to develop SMIC as a major industrial area of the community. Strategic Plan(document source here): Attract New Industry: 2 Develop an aggressive marketing campaign which highlights the diverse X resources, and quality of life that make Seward a great place to live and establish a business or industry. (Page 5) 3. Other(list): FISCAL NOTE: The current annual lease amount is $10,310.00 plus tax, based on 8% of the fair market value ($125,000) from 2010, plus CPI increase effective July 1, 2014. The leased property will be re- appraised next year in early 2015. Approved by Finance Department: ATTORNEY REVIEW: Yes X No • • 7 LEASE EXTENSION AND AMENDMENT (RE-2009-126) THE CITY OF SEWARD, ALASKA, a home rule municipal corporation. organized and existing under the laws of the State of Alaska, hereinafter referred to as "C'IT'Y." whose address is PO Box 167, Seward, Alaska 99664 and ALASKA LOGISTICS, LLC, dba Alaska Logistics WA LLC, hereinafter referred to as the "LESSEE", hereby agree that the lease agreement 2009-126 for Lot 2. Block 3, 4th of July Creek Subdivision, Seward Marine Industrial Center, Third Judicial District, Seward Recording District, State of Alaska is hereby amended as follows: ARTICLE 1.7 Development of Leased Land LESSEE shall continue operate a vessel storage and maintenance facility through the term of the lease. LESSEE understands that construction and operations of its marine- related business is a major consideration for the CI'I Y's agreement to the lease the Leased Land to LESSEE. LESSEE shall not operate arty other unrelated business on the Leased Land without the consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In acoardttntevfftrThe pror'tsions ofi7firt M.. 12, no assignment or sublease shall he permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Seward Marine Industrial Center. ARTICLE 2.1 Lease term The term of this lease shall be extended in accordance with Resolution No. 2015- o4V for ninety-nine (99)years and shall terminate on December 31, 2113. ARTICLE 2.2 Option to Purchase Should the CITY decide to sell the lease land. as described in section I.I. Lessee has an option to purchase and right of first refusal in regard to the Leased Land as explained below. During the term of this Agreement. bet re CITY may sell the Leased Land as an individual parcel to a third Party, CITY shall first offer the Leased Land to Lessee on the same terms and conditions as are offered by the third party. LESSEE shall have 30 days during which to accept said offer. If LESSEE does not accept said offer within said period, CITY shall be free to accept the third-party offer. If CITY does not enter into an Page 1013