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Home My WebLink AboutRes1979-031 r 7/4/79 jes CITY OF SEWARD, ALASKA RESOLUTION NO. 79-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISPOSITION OF THE USE OF THE SEWARD CITY DOCK AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH 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 Seward, 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 WEREAS, the City Council further finds the Seward City Dock has not previously been dedicated to other public uses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that 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, Alaska, by lease to the Alaska Ferry System. AND, BE IT FURTHER RESOLVED that the terms of the "Lease and Dock License Agreement" 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 9th day of July, 1979. CITY OF SEWARD, ALASKA (I I 1. \ / 'bL Raymon L. Hugli Mayor AYES: NOES: ABSENT: CAMPBELL, GILLESPIE, HUGLI AND SORIANO NONE LEER, POTTS AND SWARTZ ATTEST: APPROVED AS TO FORM: ~ L ><d;,~ Jo ne E. Shanley City Clerk CRANSTON, WALTERS, DAHL & JARRELL Attorneys for the City of Seward, Alaska R~~~!i~k( (City Seal) I I ' I ! I I I ' II I I . I i I : I I i I I I I I I I LEASE AND DOCK LICENSE AGREEMENT .~{ ~ THIS AGREEMENT, made thlS / day of 1979, by and between the CITY OF SEW , a municipal co orati nized under and operating pursuant to the laws of the State of hereinafter referred to as the "City", and the STATE OF ALASKA, referred to as the "State", , orga- laska, hereinafter I j I j I WHEREAS, the parties intend that the State of Alaska Marine Highway System be given certain preferential rights in exchange for moorage fees paid by the State, and WHEREAS, the Lease and Dock License Agreement entered into between the City and Northern Stevedoring and Handling Corporation specifically states that the City may grant these preferential rights to the State, and WHEREAS, in connection with these ferry operations, the State requires a building to be used for ferry offices and 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 foot of Fourth Avenue, City of Seward, and defined as City Park (Dock) on the uncertified plat titled "City of Seward Waterfront Tracts" dated September 1, 1969, subject to all prior ease- ments, conveyances and restrictions of record. 2. Preferential Privileges: The State of Alaska Marine Highway Systems 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 activities on the dock which will interfere with these preferential berthing privileges shall immediately cease upon arrival of the ferry. 3. Term: The term of the Lease and Dock License Agreement, and the right of the State to use and occupy these premises, shall be for one (1) year, beginning July 1, 1979, through and including June 30, 0'980. This Agreement may sooner terminate by either the City or State upon ninety (90) days' written notice. 4. Fee: The total annual fee to be paid by the State to the City shall be Twenty Thousand Four Hundred Dollars ($20,400), which consists of a monthly rental for the "old depot" building of Three Hundred Fifty Dollars ($350) and an annual fee for preferential berthing and moorage privileges in the amount of Sixteen Thousand Two Hundred Dollars ($16,200). Page One of Four I I r 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 un- loading 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 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 parking areas and access to the dock. 6. Dock Maintenance: The State of Alaska Department of Transportation will repair any damage to the dock which is attributable to the ferry operations, but will not be held responsible for damages caused by others. 7. Freight Charges: The State will not be required to pay to the City any fee for vehicles, cargo or passengers moving across the dock to and from the State ferries. 8. Equipment: All equipment of whatsoever nature as shall be installed by the State shall continue to be the property 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; (c) provide routine minor maintenance and leave the premises at termination of this Agreement in reasonable condition less normal wear and tear; (d) permit the City to enter upon the premises at all reasonable times to examine their condition; (e) provide utilities, including fuel oil 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 it against any loss, damage, claims or liability resulting from: (1) any acts or ommissions of the State, its agents or employees, or (2) arising out of or from the State occupancy of the building or the dock or operations connected 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 identi- fying the building as a ferry ticket office or terminal. Page Two of Four 10. Insurance: The City shall maintain casualty insurance on said premises if it deems necessary but shall not maintain such insurance on State-owned contents. IN WITNESS WHEREOF, the parties hereto have executed this document by their duly authorized officials. STATE OF ALASKA DEPARn1ENT OF TRANSPORTATION AND PUBLIC FACILITIES : U'I/l0!v~~//' Commissioner ATTEST: (City Seal) APPROVED AS TO FORM: CRANSTON, WALTERS, DAHL & JARRELL Attorneys for the City of Seward Page Three of Four ,-.- STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the ~ day of (\A~Ll ~+ 1979, before me, the undersigned. a Notary Public in and for eState of Alaska. duly ommissione nd sworn as such, personally appeared ~ Q~\C E ~I:I ,,-(\.... 0 E , known to me and to me known to be the City Manager nd City Clerk-Tr asurer, 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 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 cor- poration 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. '{11.<<.,~""'; tv 13 a"M' { tary Pub ic in and for Ala ~ly Commi ss i on Expi res: I J - / .5'--- ,y I STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the /.j- day of ~~..........J 1979. before me, the undersigned, a Notary Public in and f he State of Alaska, duly commissioned and sworn as such, personally appeared ~BCRT W. WARD , known to me and to me known to e 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 authorization 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. ~~ otary P~i and for A a My Commission Expires: ,~-I -~~ Page Four of Four