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HomeMy WebLinkAboutRes1999-099 I I I DELETED FROM AGENDA AND APPROVED AT A LATER DATE AS RESOLUTION 99-105 Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 99-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN A LICENSE AGREEMENT WITH THE PHOENIX RESURRECTION FOUNDATION ALLOWING THEM TO USE APPROXIMATELY 17,500 SQUARE FEET OF CITY PROPERTY LOCATED DIRECTLY SOUTH OF THE SMALL BOAT HARBOR'S SOUTH BREAKWATER FOR THE PURPOSE OF CON- STRUCTING A FULL-SCALE REPLICA OF THE SN PHOENIX WHEREAS, the Seward City Council approved Resolution 99-040 on April 12, 1999 in support of the Phoenix Resurrection Foundation's (the "Foundation") efforts to build a full-scale replica of the SlY Phoenix; and WHEREAS, the Foundation is a local Alaska nonprofit corporation, recognized with 501 (c) (3) status by the Internal Revenue Service; and WHEREAS, the Foundation has requested use of a parcel ofland located along the beach front immediately south ofthe Small Boat Harbor breakwater, an unsurveyed area of approximately 17,500 square feet in size more or less (the "Property") in order to construct a full- scale replica ofthe SlY Phoenix and the facilities necessary to do so; and WHEREAS, the City of Seward's Engineering and Utilities department considered and reviewed possible sites and recommends this location; and WHEREAS, the City Council in Resolution 99-053 directed the City Manager to negotiate an agreement not to exceed 5 years with the Foundation, and the City Manager has negotiated a license agreement; and WHEREAS, the Foundation and the City recognize the temporary nature ofthis project and that the agreement is revocable by the City at will with 90 days notice; and WHEREAS, nothing included in the license or this authorizing resolution causes the Property to be considered available for long-term lease at this time or at the conclusion of the agreement without action by the City Council to that effect; and WHEREAS, it is recognized that a portion of the Waterfront Park Campground area is included in the Property, but access to and use of remaining campsites will not be impaired by the agreement; and CITY OF SEWARD, ALASKA RESOLUTION NO. 99-099 WHEREAS, the City Council determines that a license with the Foundation for use of this Property for no cash payments and for the purposes described would be in the public interest because ofthe its historical significance, the shipbuilding knowledge that will be transferred, the educational opportunities, and the community social value of this project that is programmed to coincide with the City's centennial celebration; and WHEREAS, it is the intent of the agreement to transfer from the City to the Foundation the entire burden of compliance with present or future environmental regulations or controls with respect to the Foundation's operations on all or any portion of the Property during the License term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to enter into the attached License Agreement with the Phoenix Resurrection Foundation that allows use of approximately 17,500 square feet of City- owned property located directly south of the Small Boat Harbor's south breakwater ("Property") for the purpose of constructing a full-scale replica ofthe SN Phoenix and the facilities necessary to do so. Section 2. It is determined that the attached License Agreement with the Phoenix Resurrection Foundation for use of the Property for no cash payments and for purposes described in the License Agreement is in the public interest because of the project's historical significance, the shipbuilding knowledge that will be transferred, the educational opportunities, and the community social value of this project that is programmed to coincide with the City's centennial celebration. Section 3. It is determined that an appraisal ofthe Property is not required and that licensing use of the Property for less than the fair market rental value of the Property is in the public interest. Section 4. This resolution shall take effect 30 days following its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26 day ofJuly, 1999. THE CITY OF SEWARD, ALASKA Lowell R. Satin, Mayor . I I CITY OF SEWARD, ALASKA RESOLUTION NO. 99-099 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Patrick Reilly City Clerk (City Seal)