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HomeMy WebLinkAboutRes1989-096 . . . CONTRACTUAL AGREEMENT TRANSFERRING EQUIPMENT, OWNERSHIP AND CONTROL OF TELEVISION TRANSLATOR STATION LICENSE K09DL AMENDMENT No.2 On January 13, 1988, the city of Seward, Alaska, a home rule city (City), and Denali Broadcasting Company, an Alaskan corporation d/b/a KRXA Radio (KRXA) executed a contract transferring ownership and control of television translator station license K09DL from the City to KRXA (Transfer Agreement). This agreement constitutes Amendment Number Two to that Transfer Agreement. Paragraph 6 (six) of the Transfer Agreement is entitled "Collection of Contributions". The paragraph established that the city would continue to collect on behalf of KRXA, via the city utility bills, a voluntary contribution in support of the provision of K09DL television services. Under the terms of Paragraph 6, this billing arrangement would expire one year from the date of the Transfer Agreement. Amendment Number One, which extended the term of the billing arrangement, expires on August 31, 1989. KRXA has requested, and by approval of this amendment, the City agrees, to extend that billing arrangement under the same terms and conditions as contained in Paragraph 6 of the original Transfer Agreement. KRXA further agrees to reimburse the City for programming costs and other related costs, if any, in implementing the City's new utility billing system in order for the City to continue this billing agreement. The billing arrangement may also be cancelled for any reason by either party upon ninety (90) days written notice to the other party. Both parties agree that this amendment effects only an extension of the billing arrangement. All other terms and conditions of the original Transfer Agreement shall remain in full force and effect. Dated this _ day of ,1989. Denali Broadcasting City of Seward, Alaska by: by: DAVID W. HEADLEY General Manager DARRYLSCHAEFERMEYER City Manager . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 89-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING EXTENSION OF AIR FORCE RECREATION CAMP ADDITION LEASE RE-023 AT A LESS THAN FAIR MARKET RATE COMMENSURATE WITH THE PRIMARY AIR FORCE RECREATION CAMP LEASE WHEREAS, the Air Force holds within Lot 6A, Fort Raymond SUbdivision, a supplemental lease to the Air Force Recreation Camp, (lease RE-035), that allows for trailer housing units to straddle the lease boundary; and WHEREAS, the military has contracted an overall master plan study of the Army and Air Force recreation camps which will address the 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; and WHEREAS, the present lease rate is not commensurate with the primary recreation camp lease; and WHEREAS, the City Council finds it to be in the public interest to waive appraisal of the subject property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to extend Air Force Recreation Camp Addition Lease RE-023 for two years, through June 30, 1991, at a less than fair market value of Two Hundred Seventy Dollars ($270) per year. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 28th day of August, 1989. -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 89-096 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA Dunham, Gieseler, Hilton, Meehan, Noll, O'Brien, Simutis None None None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska . Cerk J~ Fred B. Arvidson City Attorney . (City Seal) -2- SUPPLEMENTAL LEASE AGREEMENT Supplement No. 2 Date: 21 Jul 89 To Lease No. DACA85-5-8l-55 Address of Premises: U.S. Air Force Recreation Camp, Seward, Alaska THIS AGREEMENT, made and entered into this date by and between City of Seward whose address is Post Office Box 167, Seward, Alaska 99664 hereinafter called the LESSOR, and the UNITED STATES OF AMERICA, hereinafter called the Government WHEREAS, the parties hereto desire to amend the above Lease NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective 1 July 1989, as follows: Clause 3, Term, is amended to extend the term of the lease to 30 June 1991, subject to termination rights. Clause 5, Rental, is amended to increase the rental to $270.00 per annum, subject to the availability of appropriations for the payment of rent. All other items and conditions of the Lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR: CITY OF SEWARD By (Signature) In the Presence of (Title) (Signature) (Address) UNITED STATES OF AMERICA By (Signature) (Official Title)