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HomeMy WebLinkAboutRes1994-085 . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 94-085 A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF SEWARD, ALASKA, APPROVING A THREE-YEAR LEASE EXTENSION TO THE UNITED STATES GOVERNMENT FOR CONTINUED AIR FORCE RECREATION CAMP TRAll..ER HOUSING WHEREAS, the U. S. Government, through the Alaska District COlpS of Engineers Real Estate Division, holds a lease for a portion of Lots 3 and 6A, Fort Raymond Subdivision, as a supplement to the Air Force Recreation Camp lease No. RE-035 to accommodate trailer housing units that straddle the lease boundary; and WHEREAS, the military has developed an overall recreation camp renovation master plan which addresses the eventual removal of these housing units; and WHEREAS, the city encourages the military to seek a permanent relocation and replacement of all temporary trailer structures and uses within the recreation camps; and WHEREAS, although the lease site is within the Cemetery Reserve, the city has no immediate plans for this site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCn.. OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute the Lease Agreement, a copy of which is attached and incOlporated herein by reference, to extend the Air Force Recreation Camp Lease No. RE-023 for up to three years to expire no later than September 30, 1997. Section 2. This resolution shall take effect thirty days following passage and posting as required by law. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 11th day of July, 1994. THE CITY OF SEWARD, ALASKA !Ju~~~~ Dave W. Crane, Mayor . U.S. GOVERNMENT LEASE Between THE CITY OF SEWARD. ALASKA and THE UNITED STATES OF AMERICA Lease No. DACA85-5-94-35 1. THIS LEASE, made and entered into this 1st day of July in the year one thousand nine hundred and ninety-four by and between the CITY OF SEWARD whose address is Post Office Box 167, Seward, Alaska 99664 and whose interest in the property hereinafter described is that of Owner in Fee Simple. for its heirs, executors, administrators, successors, and assigns, hereinafter called Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: . 2. The Lessor hereby leases to the Government the following described premises, viz: A 13,500 square foot parcel of land described in Exhibit A and shown on drawing at Exhibit B, both attached hereto and made a part hereof. Contains 0.31 of an acre, more or less, to be used for Government purposes. 3. TO HAVE AND TO HOLD the said premises for the term beginning July 1. 1994, through June 30. 1995, provided that unless and until the Government shall give notice of termination in accordance with provision 6 hereof, this lease shall remain in force thereafter from year to year without further notice; provided further that adequate appropriations are available from year to year for the payment of rentals; and provided further that this lease shall in no event extend beyond September 30. 1997. 4. The Government shall pay the Lessor rent at the following rate: One Thousand Six Hundred dollars ($1.600.001 per annum in arrears. Payment shall be made at the end of each Federal fiscal year or upon termination in accordance with provision 6 hereof. Rent shall be prorated for any fractional year of the term. Payment shall be made by the Accounting and Finance Office. MARK FOR: Lease No. DACA85-5-94-35, Post Office Box 899/ACFC, Elmendorf Air Force Base, Alaska 99506-0899. . . . . 5. The Government shall have the right during the existence of this lease to attach fixtures and erect structures or signs in or upon the premises hereby leased, which fixtures and structures, or signs, so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. 6. The Government may terminate this lease at any time by giving thirty (301 days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. 7. Any notice under the terms of this lease shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Government shall be addressed to the Lessor at Post Office Box 167. Seward, Alaska 99664; and if given by the Lessor shall be addressed to District Engineer, U.S. Army Engineer District, Alaska, ATTN: Real Estate Division, Post Office Box 898, Anchorage, Alaska 99506-0898. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. 9. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. 10. (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Air Force or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such lease; provided, that the existence of facts upon which the Secretary of the Air Force or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be entitled (i) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease. 11 . The Lessor agrees that the Comptroller General of the United States or any duly authorized representative shall, until the expiration of three (3) years after final payment of the agreed rental, have access to and the right to examine any directly pertinent books, documents, papers and records of the Lessor involving transactions related to this lease. Page 2 U.S. Government Lease No. DACA85-5-94-35 IN WITNESS WHEREOF. the parties hereto have hereunto subscribed their names as of the date first above . written. In presence of: LESSOR: CITY OF SEWARD, TYLER JONES h~~- }oc/~ (5 gnaturJ! CITY CLERK CITY MANAGER (Official Title) (City Seal) [SEAL) TAX 10 No.: 92-6000086 THE UNITED STATES OF AMERICA. . ~~ J. ~dtir- By FRANK J. DESTADIO, Colonel, USAF Acting Civil Engineer (Title) Headquarters Pacific Air Forces Acquisition Authority: 10 USC 2672 . Page 3 U.S. Government Lease No. DACA85-5-94-35 . . . Seward Rcc-e::uion .-'\1mc:x 't::"'..c=. 10 ")T-:" LEGAL DESCRIPTION 0..3 1 Ac::e t An UI1S1lXVeyed p:lX'c:! or land within Lot 3. FOIt IUymond Subdivision. and Lot 6A. Fort ~ymond Subdivision Replat No. 1. T.airdJudici:UDistria, State of..A'~<h: saidp3rC:l being more partic::larly desc:ibed as follows: Beginning at the Nonhwest Corner of Lot 5. FoIt Raymond Subdivision; tfIence North. a distance of.280 feer. more or less. to the Northe:lSt Comer of Lot 3. Fon Raymond Subdivision; tfIence North. a distance of 250 fcet, more or less; tfIence West. a distance of 25 feer. more or less; thence South. a distance of 540 feet, more or less; . thence East, a distance of 2S feer. more or less, to the POlNT OF BEG1NNlNG and the tQ, " : rTl1<;: of tbis description. Cal'l1':'lin<: 13..5'00 square feet or 0..31 aacs, more or less.. RLC 9Ju191 EXHIBIT A - ~ ....1 ,.. \ ..... ~. I ~ . , \ r [0 \: \ ~ _. .A.", T... .' . ..,(... ,... , ~ -._: l' ~.I <" i \ \ i , / ~- U.I,,,,,,,-'- .....s , . . -~ .... ut Ua. \ __I ._ . -- ~Cllv.tIQlt StTt s~.",,"a II ,""..", IoLS~OQt4 ..., - --- r--"" Ie'; 1=. 1 I I I _._ I __ \~..., ---- ~...;.- - -- .... ---- 'to.. 09 ~.4 ..., \ e ..... 'a. __" I - -' Gl .... , ~ . . 'oJ ~ ---..... ... .- '" \ '.. l .. I. ': .. IiOi\ ~ \"OIt 7" \ :"t:' 'a \ \ 0 " \ '"~ \~ F I, \ . P6 ;"= ,& 'j\~ ....... _I lU)4S - 1 ! / . , C P\at Map ~ EXH\8\T B_ AIR FORCE .. .. I I / I ! .I.. ~' ~, <Ii ~. ! .. . .. ,... .:r ,~ /... QI 0:-1 :"r' ~. .... .... CITY OF SEWARD, ALASKA RESOLUTION NO. 94-085 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski None Krasnansky None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska (City Seal) ~f'~ City Attorney