HomeMy WebLinkAboutRes1979-008
r~
03/07/79
RHJ: jml
CITY OF SEWARD, ALASKA
RES0LUTION NO. 79-8
A ..RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE DISPOSITION OF
THE USE OF THE SEWARD CITY DOCK
WHEREAS, the City of Seward is the owner of the Seward City Dock, and
WHEREAS, the use of the Seward City Dock by the Alaska Ferry System
is essential to the operation of the Ferry System in Seward, and
WHEREAS, the service of the Alaska Ferry System is vital to the economy
of Se\;ard, and
WHEREAS, the contract for the use of the City Dock by the Alaska Ferry
System must be renewed due to its expiration by the terms of that agreement, and
WHEREAS, the City Council hereby finds that the disposition of the use
of the Seward City Dock by public sale is not in the public interest, and
WHEREAS, the City Council further finds the Seward City Dock has not
previously been dedicated to other public uses;
NOW, THEREFORE, the City Council of the City of Seward, Alaska, resolves,
Section 1. The City Manager of the City of Seward, Alaska, is hereby
authorized to negotiate the disposition of the use of the Seward City Dock owned
by the City of Seward, Alaskq by lease to the Alaska Ferry System.
Section 2. The terms of the lease shall conform to those set forth in
the agreement attached hereto as "Exhibit 1" and incorporated herein by reference.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 12th day of March 1979.
CITY OF SEWARD
AYES: Gillespie, Potts, Swartz, Soriano
NOES:
ABSENT: Campbell, Hugli, Leer
J })dk~~.-
F. Gillespie I
Mayor
ATTEST: APPROVED AS TO FORM:
(City Seal)
CRANSTON, WALTERS, DAHL & JARRELL
Attorneys for the City of Seward
~~$ J2<t/~
Ranald H. Jarrell
ad, d / 777 o(izy~n ./LIV
jfoAnne E. Shanley /
City Clerk-Treasurer
r-
1/30/79
JES: jes
if EXHIBIT ONE
I
I
I
\
I
I
I
I
I,
i:
I
LEASE AND DOCK LICENSE AGREEMENT
THIS AGREEMENT, made this day of
1979, by and between the CITY OF SEWARD, a municipal corporation,
organized under and operating pursuant to the laws of the State of
II Alaska, hereinafter referred to as the "City", and the STATE OF
il ALASKA, hel'einafter referred to as the "State",
I
I
I WHEREAS, the parties intend that the State of Alaska
! Marine Highway System be given certain preferential rights in
Ii exchange for moorage fees paid by the State, and
Iii WHEREAS, the Lease and Dock License Agreement entered
, into between the City and Northern Stevedoring and Handling
'I Corporation specifically states that the City may grant these
I preferential rights to the State, and
II
II
:: WHEREAS, in connection with these ferry operations, the
1, State requires a building to be used for ferry offices and
Ii operations;
THEREFORE, the parties hereby agree as follows:
"
1. Property Description. The City leases to the State
that structure commonly known as the "old depot" building and
adjacent land located at the south end of Fourth Avenue, City of
Seward, and defined as City Park (Dock) on the uncertified plat
entitled "City of Seward Waterfront Tracts" dated September 1, .
1969, subject to all prior easements, conveyances and restrictions'
of record.
2. Preferential Privileges. The State of Alaska Marine,
Highway System shall have first priority to berth its ferry
vessels at the City of Seward Fourth Avenue Dock. Other vessels
using the dock or any portion thereof which would interfere in any
way with the arrival or departure of the State ferries will be
removed immediately upon arrival of the ferry. Any other acti-
. vities on the dock which will interfere with these preferential
, berthing privileges shall immediately cease upon arrival of the
ferry. I
3. Term. The term of the Lease and Dock License A.ree-
I ment, and the right of the State to use and occupy these premises, i
shall be for one (1) year, beginning July 1, 1979, through and I
including June 30, 1980. This Agreement may sooner terminate by i
either the City or State upon ninety (90) days' written notice. I
4. Fee. The total annual fee to be paid by the State I
to the City shall be Twenty One Thousand Six Hundred Seventy :
,
Dollars ($21, 670)xxxxxxxxxxxx, which consists of a monthly rental
for the "old depot" building of Three Hundred Fifty Dollars
: ($350)xxxxxxxxx and an annual fee for preferential berthing and
: moorage privileges in the amount of Seventeen Thousand Four
Hundred Seventy Dollars ($17,470).
Page One of Four
r-~
I
II
I
I
i
i:
5. Dock Use and Parking. The City shall grant to the
State the right to utilize the dock as may be required for all
loading and unloading operations. In addition, the City shall
insure that Northern Stevedoring and Handling Corporation reserves'
an area on or immediately adjacent to the dock to accommodate
~ parking for a maximum of fifty (50) vehicles awaiting loading
I upon the State ferries. This will require approximately one-half
acre of land, and shall be furnished at no additional cost to the
State. The City shall provide snow removal from automobile park-
i ing areas and access to the dock.
I
I
6. Dock Maintenance. The State of Alaska Department of
ii Transportation will repair any damage to the dock which is attri-
:, butable to the ferry operations, but will not be held responsible
for damages caused by others.
I,
; 7. Freight Charges. The State will not be required to
!~ pay to the City any fee for vehicles, cargo or passengers moving
Ii across the dock to and from the State ferries.
II 8 Equipment. All equipment of whatsoever nature as
shall be in~talled by the State shall continue to be the property
I of the State and may be removed by the State at the expiration of
this Agreement.
9. Other Duties of the State. The State shall:
(a) use and occupy the building and dock in
a careful and proper manner and for lawful purposes only;
(b) not assign this Agreement, not sublease
the premises, nor any part thereof, without the written
, consent of the City; provided, however, such consent shall
"
not be unreasonably withheld;
I'
I (c) p~ovide routine minor maintenance and
I. leave the premises at termination of this Agreement in
reasonable condition less normal wear and tear;
1.
(d) permit the City to enter upon the
premises at all reasonable times to examine their condition;
(e) provide utilities, including fuel oil
i. and electricity (the City shall furnish water);
(f) provide necessary janitorial services
and supplies for the space it occupies;
(g) save the City harmless and indemnify
I if against any loss, damage, claims or liability resulting
" from: (1) any acts or omissions of the State, its agents
or employees, or (2) arising out of or from the State oc-
cupancy of the building or the dock or operations connected
i thereto, except for losses caused by the City's own negligence;
(h) shall not alter the exterior appearance
. of the premises without written consent of the City, but
may post signs identifying the building as a ferry ticket
office or terminal.
10. Insurance. The City shall maintain casualty insur-I
ance on said premises if it deems necessary but shall not maintain!
I, such insurance on State-owned contents.
I
I
I
I,
I:
. "'-t,;e 1 \'10 of Four
r-'-- ~
q
l~
I
I
!
i
IN WITNESS WHEREOF, the parties hereto have executed
this document by their duly authorized officials.
STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES
Commissioner
i ATTEST:
I
I
Ii
Ii JoAnne E. Shanley
II City Clerk-Treasurer
II (City Seal)
il
I
CITY OF SEWARD
Clarence E. Johnson
City Manager
APPROVED AS TO FORM:
CRANSTON, WALTERS, DAHL & JARRELL
Attorneys for the City of Seward
~~-{//jl9p4Yt;?f
Ranald H. Jarrell I
ii
I
I.
':
,
('
, c, C'.'" 1 nree of Four
r~--
STATE OF ALASKA )
) ss.
iTHIRD JUDICIAL DISTRICT)
THIS IS TO CERTIFY that on the day of
1979, before me, the undersigned, a Notary Public in and for the
State of Alaska, duly commissioned and sworn as such, personally
appeared CLARENCE E. JOHNSON and JoANNE E. SHANLEY, known to me
and to me known to be the City Manager and City Clerk-Treasurer,
respectively, of the City of Seward, Alaska, and acknowledged to
me that the foregoing instrument was executed by them in their
official corporate municipal capacity, and that they executed
the same pursuant to the authorizat:on 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 corporation to execute
the foregoing instrument, and that 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
1979, 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 Commissioner of Transportation and Public Facilities for
the State of Alaska, and acknowledged to me that the foregoing
instrument was executed by him in his official governmental
capacity, and that he executed the same pursuant to the authoriza-
tion of the State of Alaska; that the same was executed as the
free and voluntary act and deed of the State of Alaska for the
uses and purposes therein mentioned, and that the seal affixed
hereto is the corporate seal of the State of Alaska.
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:
!
I
!,
i!
11
"
Yage Four of Four