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CITY OF SEWARD, ALASKA
RESOLUTION 2003-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, APPROVING THE ASSIGNMENT OF
LEASE RE-94-093, LOT 1, BLOCK 8, FOURTH OF JULY CREEK
SUBDIVISION TO DOBSON CELLULAR SYSTEMS, INC.
WHEREAS, in October 1994, the City of Seward City Council approved
Resolution 94-209 approving a long term lease of a portion of Lot 3, Block 8, SMIC
Fourth of July Creek Subdivision to McCaw Cellular Communication, Inc. d.b.a. Cellular
One ("Cellular One"); and
WHEREAS, the lease was amended December 23, 1997 to restate the legal
description as platted; and
WHEREAS, on June 9, 2003, the City Council approved Amendment No.2 of
the lease, allowing AT&T Wireless Services of Alaska, Inc. ("A WS"), as successor to
Cellular One, to exercise its option to extend the lease term to end June 30, 2005; and
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WHEREAS, the City received a letter dated May 14, 2003 requesting assignment
of the lease from A WS to Dobson Cellular Systems, Inc. or an affiliate or subsidiary
("Dobson") as part of an asset sale; and
WHEREAS, the City Council has determined that continuing a long term lease to
Dobson for the purposes of operating a cellular communications site continues to be in
the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The above recitals are incorporated herein by this reference. The
attached assignment of Lease Number RE-94-093, as amended, from A WS to Dobson, in
substantial form as attached hereto and incorporated by reference ("Assignment"), is
approved.
Section 2. The City Manager is authorized to consent to the Assignment on
behalf of the City.
Section 3. This resolution shall take effect thirty (30) days after adoption and
posting.
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CITY OF SEWARD, ALASKA
RESOLUTION 2003-60
PASSED AND APPROVED by the City Council of the City of Seward, Alaska
this 9th day of June, 2003.
THE CITY OF SEWARD, ALASKA
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, (/UA/?'k:::
Stu Clark, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Amberg, Valdatta, Orr, Dunham, Branson, Shafer, Clark
None
None
None
ATTEST:
(City Seal)
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COUNCIL AGENDA STATEMENT
Meeting Date: June 9, 2003
Through: Kris Erchinger, Acting City Manager
From: Harbormaster, James B. Beckham
Agenda Item: Approving the Assignment of Lease RE-94-093, Lot 1,
Block 8, Fourth of July Creek Subdivision to Dobson
Cellular Systems, Incorporated (Dobson)
BACKGROUND & JUSTIFICATION:
In October 1994, the City of Seward City Council approved Resolution 94-209 approving a long term
lease of a portion of Lot 3, Block 8, SMIC Fourth of July Creek Subdivision to McCaw Cellular
Communication, Inc. d.b.a. Cellular One (“Cellular One”). The lease was amended December 23,
1997 to restate the legal description as platted. The City received a letter dated May 14, 2003
requesting assignment of the lease from AWS to Dobson Cellular Systems, Inc. or an affiliate or
subsidiary (“Dobson”) as part of an asset sale. On June 9, 2003, the City Council approved
Amendment No. 2 of the lease, allowing AT&T Wireless Services of Alaska, Inc. ("AWS"), as
successor to Cellular One, to exercise its option to extend the lease term to end June 30, 2005.
The City Council has determined that continuing a long term lease to Dobson for the purposes of
operating a cellular communications site continues to be in the public interest.
1. Comprehensive Plan
2. Strategic Plan _
3. Other: X
Municipal Lands Management Plan – Disposal, Lease, Public interest
FISCAL NOTE:
This lease generates $400 in annual rent.
Estimated staff costs and fees received:
Harbormaster 3hrs@ $37.76 $113.28
Legal 2hrs@ $160.00 $320.00
Harbor Staff 2hrs@ $23.71 $ 47.42
City Manager .5hr @ $53.85 $ 26.93
Clerk 1hr @ $37.02 $ 37.02
Council .5hr @ $383.33 $191.67
Recording fee ($20.00)
Admin Fee ($100.00)
Total Preparation Cost $616.32
Approved by Finance Department
RECOMMENDATION:
Council approves Resolution 2003-60 Approving the assignment of Lease RE-94-093, Lot 1, Block
8, Fourth of July Creek Subdivision to Dobson Cellular Systems, Incorporated.