HomeMy WebLinkAboutRes1993-111
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A LEASE OF PROPERTY
TO THE U. S. COAST GUARD TO ESTABLISH A VHF-FM
DISTRESS RADIO MICROWAVE-TELEPHONE LINK SITE
WHEREAS, the U. S. Coast Guard has indicated its desire to establish a
microwave-telephone link site at the Seward Marine Industrial Center for its Rugged
Island remove VHF-FM distress radio communications site; and
WHEREAS, it has been determined that the site and use requested fit the long
term development plans for the Seward Marine Industrial Center; and
WHEREAS, the City Council has determined that a lease of this property for the
purposes set out herein would be in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. It is in the public interest to lease an unsurveyed 3,600 s.f. portion of
USS 4827, commonly called the Seward Marine Industrial Center, to the U. S. Coast
Guard at no cost and without benefit of an appraisal of the property.
Section 2. The City Manager is hereby authorized to execute a lease agreement,
a copy of which is attached and incorporated herein by reference, with the U. S. Coast
Guard.
Section 3. This resolution shall take effect thirty (30) days following passage and
posting as required by law.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
9th day of August, 1993.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
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LEASE AGREEMENT
THIS AGREEMENT made and entered into effective as of the 1 stday of August,
1993, by and between the CITY OF SEWARD, ALASKA, a municipal corporation
located in the Kenai Peninsula Borough, State of Alaska, at P.O. Box 167, Seward,
Alaska 99664, and hereinafter referred to as "CITY" and UNITED STATES OF
AMERICA, acting by and through the United States Coast Guard, Commander (sr),
Maintenance and Logistic Command Pacific, Coast Guard Island, Alameda, California,
94501-5100, hereinafter referred to as "LESSEE".
WHEREAS, LESSEE has indicated its desire to establish at the Seward Marine
Industrial Center, a microwave-telephone link site for its Rugged Island remote VHF-
FM distress radio communications site; and
WHEREAS, the City Council of the City of Seward has determined that a lease
of the land would be in the public interest; and
WHEREAS, it is the intent of this lease to alleviate from CITY the entire burden
of compliance with present or future environmental regulations or controls with
respect to LESSEE's operations on the leased land during the lease term.
NOW THEREFORE, for and in consideration of the mutual promises and
covenants hereinafter contained, the parties hereto agree as follows:
1. The CITY grants to LESSEE the nonexclusive right to use the following
described premises together with the nonexclusive right of ingress and egress upon
the property of the City of Seward.
A 60' x 60' site within U.S. Survey 4827, west of Nash Road, adjacent
to Spring Creek, as indicated on the attached site plan Exhibits 1 and 2,
for the purpose of constructing, operating and maintaining a
Communications Site operating at 933.175 MHZ and 942.175 MHZ at
1 watt into a 24.5 DB dish.
2. This lease shall be in effect for the period 01 August 1993 to 31 July 2003.
The CITY or its successors may revoke this lease at any time by giving one hundred
and eighty (180) days written notice or termination to the LESSEE at the above
address. The LESSEE may terminate this lease at any time by giving one hundred and
eighty (180) days written notice to the CITY at the above address. This lease may
be terminated at any time my mutual consent of both parties.
USCO/SMIC LEASE
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3. The LESSEE shall use the leased premises for the sole purpose of
constructing, operating, and maintaining a Coast Guard Communications Site.
Structures on this site will consist of a concrete pad to support a 2x2 meter fiberglass
shelter, and a 20' self-supporting tower on a similar concrete pad as indicated on the
attached plans which are incorporated herewith by reference and made a part of this
agreement. The construction of the subject Communications Site will be coordinated
with the CITY and adjacent users of this property.
4. The LESSEE shall be allowed to bring utilities to this site without cost to
the CITY.
5. This Agreement shall be neither assignable nor transferable by the
LESSEE. No permanent interest in the real property subject to this Agreement shall
vest in the LESSEE.
6. This lease shall be at no cost to the LESSEE.
7. Upon revocation, expiration, or surrender of this lease, and to the extent
directed by the CITY, the LESSEE shall restore the premises or facilities to the same
or as good condition as existed on the date of entry under this agreement, reasonable
wear and tear excepted.
8. The use and occupancy of said portion of land shall be without expense
to the CITY.
9. This Agreement shall not be administered by profit.
10. The United States Government, in the manner and to the extent provided
in the Federal Tort Claims Act, as amended (28 U.S.C. Sections 2671-2680) shall be
liable for, and shall hold harmless from claims for damage or loss of property, personal
injury or death caused by the acts or omissions of the United States Government, it's
officers, employees and agents in the use of the granted premises. Nothing in this
agreement shall constitute an obligation of funds of the United States in advance of
an appropriation of those funds.
USCOISMIC LEASE
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11. The parties understand and Lessee is specifically taking the risk that under
the Charter and Ordinance provisions for the City of Seward this lease agreement may
be voided by a referendum vote of the people. LESSEE is herein granted the right to
possession of the leased premises prior to the passage of thirty (30) days from the
date of approval of this lease by the City Council for the City of Seward. This interim
right to possession shall not affect or reduce the rights of the voters to reject this
lease agreement in which case LESSEE shall not be entitled to any damages, or any
other recovery against CITY. LESSEE shall have the right to enter the leased premises
immediately upon the execution of this lease. Permitting LESSEE to occupy the land
in advance of the lapse of thirty (30) days is for the convenience of LESSEE only and
should not be construed as granting any interest in the leased land should this lease
be defeated in a referendum election.
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
CITY OF SEWARD, ALASKA
W. PATRICK LAYNE, LCDR, USCG
Chief, Real Property Branch
Maintenance and Logistics Command,
Pacific
By direction of the Commander
TYLER JONES
City Manager
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of
Seward, Alaska
Linda S. Murphy, CMCiAAE
City Clerk
City Attorney
(City Seal)
USCOISMIC Ll!ASE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-111
AYES:
NOES:
ABSENT:
ABSTAIN:
A TrEST:
Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz & White
None
None
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
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(City Seal)
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City Attorney