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HomeMy WebLinkAboutRes1992-131 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 92-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE LEASE OF THE RAILROAD DEPOT BUILDING AND PREFERENTIAL USE OF THE FOURTH AVENUE DOCK BY THE STATE OF ALASKA MARINE HIGHWAY SYSTEM WHEREAS, the homeporting of the M!V Tustumena in Seward is important to the community; and WHEREAS, preferential use of the Fourth Avenue Dock and lease of the historic Railroad Depot building as an operations/ticket office are essential to the effective operation of the Alaska Marine Highway System in Seward; and WHEREAS, the city of Seward, as owner of the Fourth Avenue Dock and the historic Railroad Depot building, has for many years made these facilities available for the operation of the Alaska Marine Highway System in Seward; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized and directed to execute the Lease and Dock License Agreement, attached and incorporated herein by reference, for the historic Railroad Depot building and the preferential use of the Fourth Avenue Dock by the Alaska Marine Highway System. Section 2. The disposition of such preferential dock use and building lease is in the public interest. Section 3. It is in the public interest to waive an appraisal of the property to be leased in accordance with Seward City Code Section 7.05.140. Section 4. This resolution shall take effect thirty days after posting and publishing as required by law. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of August, 1992. THE CITY OF SEWARD, ALASKA ..-') ( . ~ /d ~ '---Z6>-ytu:{;it:;~- Co ~ Donald W. Cripps, Mayor . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 92-131 AYES: NOES: ABSENT: ABSTAIN: A TIEST: Bencardino, Crane, Cripps, Dunham, Krasnansky, Swartz, White None None None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska (City Seal) N hI ~ Fred B. Arvidson City Attorney . . . MTL - 65 (AMRS) / RE-018 (CITY) LEASE AND DOCK LICENSE AGREEMENT THIS AGREEMENT, effective the 1st day of July 1992, by and between the CITY OF SEWARD, a municipal corporation, organized under and operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "CiTY", and the ALASKA MARINE HIGHWAY SYSTEM, hereinafter referred to as the "AMRS"; WHEREAS, the parties intend that the Alaska Marine Highway System be given certain preferential rights in exchange for moorage fees paid by the State; and WHEREAS, in connection with these ferry operations, the AMHS requires a building to be used for ferry offices and operations. NOW, THEREFORE, the parties hereby agree as follows: 1. ProDertv DescriDtion: The City leases to the AMHS that building historically known as the "Railroad Depot" located at 501 Railway Avenue, and preferential berthing rights at the Fourth Avenue Dock, both shown on the uncertified plat titled " city of Seward Waterfront Tracts," dated september 1, 1969, and are leased subject to all prior easements, conveyances and restrictions of record. 2. Preferential pri vileqes: The AMHS 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. AMHS RE-018 1 . . . 3. Term: a) Dock The term of the Dock License Agreement and the right of the AMHS to use the Fourth Avenue Dock, shall be for one (1) year, beginning July 1, 1992, through and including June 30, 1993. b) Depot Buildina. The term of the depot building Lease shall be month to month not to exceed June 30, 1993. This agreement may be sooner terminated by either the AMHS or City upon ninety (90) days written notice, regarding either the dock license or the depot building or both. 4. Fee: The total fee to be paid by the AMHS to the City shall be TWENTY-EIGHT, THOUSAND, TWO HUNDRED FIFTY-FOUR and NO/100 ($28,254.00) DOLLARS for preferential berthing and moorage privileges; and FOUR HUNDRED FIFTY THREE DOLLARS ($453.00) per month for rental of the "Old Railroad Depot" Building). Fees will be paid in advance upon approval of this agreement by both parties. 5. Dock Use and parkina: The City shall grant to the AMHS the right to utilize the Fourth Avenue Dock as may be required for all loading and unloading operations. The City shall provide snow removal from automobile parking areas and the access to the dock. 6. Dock Maintenance: The AMHS 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. Freiaht Charaes: The AMHS will not be required to pay to the City any fee for vehicles, cargo or passengers moving across the dock to and from the AMHS ferries. 8. Eauipment: All equipment of whatsoever nature as shall be installed by the AMHS shall continue to be property of the state and may be removed by the AMHS at the expiration of this Agreement. 9. Depot Buildina Repairs. (a) Maior ReDairs. The City agrees to make major repairs necessary to maintain the roof and exterior walls of the existing building in a structurally sound and water-tight condition and to replace and repair, as reasonably necessary, the exterior glass and windows. The City shall not be responsible for the cost and expense of repairing any damage caused by the willful or negligent act or omission of the Lessee, its agents or customers, including improper securing of the building by closing all windows and doors. The City shall perform major mechanical repairs or replacements of the building heat and hot water system and all other major mechanical systems. The AMHS is not authorized to order any major repairs without prior approval of the City. Any such repairs accomplished without prior City approval will be at AMHS expense. (b) Preventive Maintenance. The AMHS shall be charged with routine inspection and maintenance of the heating, and other major mechanical systems, such as oiling and greasing, filter changes and repairs, sometimes characterized as preventive maintenance. AMES RE-018 2 . . . (c) Kinor ReDairs. The AMHS shall perform the regular routine daily maintenance and repairs that can be accomplished by a day-man without special skills or training (for example, but without limitation, the clearance of toilet stoppage, changing of water faucet washers, maintenance of electric light fixtures, bulbs, switch and outlet repair, painting and other routine maintenance) so as to leave the premises, at termination of this Agreement, in reasonable condition less normal wear and tear. 10. Other Duties of AMHS: (a) use and occupy the building and dock in a careful and proper manner and for lawful purposes only; (b) not assign this Agreement, nor sublease the premises, nor any part hereof, without the written consent of the City, provided, however, such consent shall not be unreasonably withheld. (c) permit the city to enter upon the premises at all reasonable times to examine their condition; (d) responsible for all utility billings, including fuel oil, water, sewer, electricity and phone, both to the depot and the M/V TUSTUMENA; (e) provide necessary janitorial services and supplies for the space it occupies; (f) save the City harmless and indemnify it 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 occupancy of the building or the dock or operations connected there.to, except for losses caused by the City's own negligence; (g) not alter the exterior appearance of the depot building without written consent of the City, but may post signs identifying the building as a ferry ticket office or terminal. (h) maintain the grounds between the building and curb of Railway Avenue and elsewhere within 25 feet of the building-in a neat condition to include signing, landscaping and parking i.e. bumpers, signing, grass, flowers, shrubs. 11. Insurance: The City shall maintain casualty insurance on said premises if it deems necessary, but shall not maintain employer's liability insurance on state-owned contents. AMHS RE-018 3 . . . IN WITNESS WHEREOF, the parties hereto have executed this document by their duly authorized officials. STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ALASKA MARINE HIGHWAY SYSTEM ATTEST: (City Seal) STATE OF ALASKA ) )ss. JuDICIAL DISTRICT ) CITY OF SEWARD, ALASKA ~YER ITY MANAGER APPROVED AS TO FORM: PERKINS COlE, Attorneys for the city of Seward CZ,r M~ FRED B. ARVIDSON CITY ATTORNEY ~~ THIS IS TO CERTIFY that on this ~-1 19~, before me, the undersigned, a Notary State of Alaska, personally appeared- . to me and to me known to be the ~n executed the foregoing document, and he signed and sealed the same as his free uses and purposes therein set forth. I or the , known ~ ua named ~n and who acknowledged to me that he and voluntary act for the WITNESS my hand and notarial seal the day and year first hereinabove written. AMHS RE-018 ~~ .<~ Notary Puol~ n and for Alaska My Commission Expires:.//..7-~.v 4