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HomeMy WebLinkAboutRes1990-151 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 90-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A COOPERATIVE LAND AGREEMENT WITH THE UNIVERSITY OF ALASKA REGARDING TRACT 1, SEWARD WATERFRONT TRACTS AND LOTS 1-7, BLOCK 23 AND LOTS 1-7, BLOCK 24, FEDERAL ADDITION WHEREAS, the City of Seward has long supported the development of the University of Alaska (U of A), Institute of Marine Science (IMS), Seward Marine Station; and WHEREAS, the University of Alaska desires a longer lease term on Tract 1, Seward Waterfront Tracts for the development of port and research facilities in support of ocean research vessels; and WHEREAS, the City has supported, in favor of the University of Alaska, the vacation of an unused portion of the First Avenue right of way on the hillside above the Seward Marine Station for use in developing water storage tanks to enhance their salt water system; and WHEREAS, the City desires to acquire Lots 1-7, Block 23 and Lots 1-7, Block 24, Federal Addition as part of the Two Lakes Park; and WHEREAS, the City desires to acquire a land use permit to allow the continued use of a portion of University land for a fish mitigation spawning channel; and WHEREAS, the City of Seward and the University of Alaska have come to a mutual agreement by which these land trades can be cooperatively completed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The cooperative land agreement with the University of Alaska is approved and consists of the lease, quitclaim and land use permit plus the already concluded vacation of a portion of the First Avenue right of way. Section 2. The City Manager is authorized to execute the attached agreement, incorporated herewith by reference, to lease Tract 1, Seward Waterfront Tract, to the University of Alaska for a 99 year term beginning July 1, 1970 through June 30, 2069 at no cost. -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-151 Section 3. The City Manager is authorized to accept the attached quitclaim deed, incorporated herewith by reference, of Lots 1-7, Block 23 and Lots 1-7, Block 24, Federal Addition from the University of Alaska to the City of Seward, to become part of the Two Lakes Park. Section 4. The City Manager is authorized to execute the attached Land Use Permit, incorporated herewith by reference, from the University of Alaska allowing the City of Seward to construct and maintain a fish spawning mitigation channel within a portion of the Jap Creek flood plain in the SW 1/4 S27 T1N R1W SM for a period from July 1, 1989 through June 30, 2088. Section 5. It is in the public interest to complete these land transactions without benefit of an appraisal and at less than fair market value. Section 6. This resolution shall take effect thirty (30) days after its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of December, 1990. THE CITY OF SEWARD, ALASKA ~~ AYES: NOES: ABSENT: ABSTAIN: Dunham, Hilton, Meehan, Noll and Sieminski None Burgess and Krasnansky None ATTEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the City of Seward, Alaska ('1 / (, .. I .--:----. t ,,1' dt.-Iv' J /!-JA-v 1 Fred B. Arvidson City Attorney (City Seal) -2- . . . BOOK (00 PAGE 15 I ,~w"rd Recording District QUITCLAIM DEED The Grantor, Board of Regents of the University of Alaska as Trustee for the University of Alaska, whose address of record is 910 Yukon Drive, suite 211, Fairbanks, Alaska 99775, for $10 and other good and valuable consideration hereby coveys and quitclaims to the Grantee, City of Seward, a home-rule municipal corporation whose mailing address or record is P.O. Box 167, Seward, Alaska 99664, the following described real property in the Seward Recording District of the state of Alaska: U.S. Survev No. 1116. Alaska Lots 1, 2, 3, 4, 5, 6, and 7, Block 23 Lots 1, 2, 3, 4, 5, 6, and 7, Block 24 containing 86,117 square feet more or less. According to the GLO survey Plat of U.S. Survey 1116, Alaska, the Federal Addition to Seward, located in Township 1 south, Range 1 West, Seward Meridian, Alaska approved by the United states Department of the Interior, General Land Office, in Washington, D.C. on May 22, 1916. Subject to: Platted easements and reservations. The conveyance of the real property described above is sUbject to the restrictions imposed by section 6(i) of the Alaska Statehood Act, Public Law 85-508 (72 Stat. 339), and Subject to such rights, if any, as may be afforded the state of Alaska under section 8 of the Act of July 16, 1966, 14 stat. 253, 43 USCA S 932 (R.S. S 2477) (Repealed by Public Law 94-579, Title VII, S 706(a), October 21, 1976,90 stat. 2793). The Grantee, by acceptance of the Deed, has and does agree to provide reasonable access to the public to all navigable and public waters on or adjacent to the above-described real property. The Grantee further agrees that before Grantee develops or conveys any interest in the real property described above, Grantee shall identify and plat such easements or rights of way as may be reasonably necessary to insure free public access to all navigable or public waters on or adjacent to the real property described above and to notify the state of Alaska of their location. QD paR USS 1116 1 dlJOt<. i O() PAGE '1 RJ ""ward Recording District . Dated this 7th day of March 1991 . BOARD OF REGENTS, as Trustees for THE UNIVERSITY OF ALASKA ~L/) ~ . "-,)'= Bnan Ro?er..s . r-,~ Vi ce Pre i deht for . ance By: Its: ACKNOWLEDGEMENTS . STATE OF ALASKA ) ) ss FOURTH JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 7r~ day of ~1Z~ , 199/, before me, the undersigned, a Notary Public, in and for the State of Alaska, personally appeared Brian Ro ers ice President for ,Finance) known to me and to me known to be the Pr9siacnt of the University of Alaska, a constitutional corporation, organized and existing under the laws of the State of Alaska, and who acknowledged to me that he executed the foregoing document on behalf of the corporation by authority given him by the Board of Regents as the voluntary act and deed of said corporation for the uses and purposes herein mentioned. WITNESS my hand and notarial seal the day and year first hereinabove written. ,'.... ~\\\\.. G r't ....'. :~. .ti. > ,> ~ ~ .#...........~. ' ,. .-:;' ~...:.... , .~"'.. iT :: .':: UJ : '" :\ [\ 'U \.;; :; c:.!.i: .. \ ..J...... ........, ~ : I :: ~"? . '" ,. \ '\. . - :::. ':. pli~V :t"' ~ ~.-:t.... "A ..,.::: ......... .. (oJ ::: ;i'-;. ~.. .... "...~' /:.. '}o <.l ':'Io....~,...."..,," \.~. 'y,_ (,4 7~r" c'~ ' r -~. l, . "'n~. Alaska . QD POR USS 1116 2 . BOOKJ..a..o-?AGP.l S3 Seward Recordinu :::;::Jt.-:<;;: ACCEPTANCE Grantee hereby accepts title to the above-described property subject to the obligations set forth in this Deed. Dated this ~ day of March , 199~. ATTEST: ~-V~-..c:,~ .j.~ LI~DA\~. PHY, CMC/AAE CJ;Tt--CLERK . " I; i' <~-: ~ -~ r- ~ ~: J. (ci~y Seji],.) . ~ .;J ~"v.: . ~,..' '. r~ ~ l <r , ~"l~ ':~' I'; [ 1 1 \ '" ~ <_ ',- . 'f; ~ ", .., ~ . . '" " '.. . or r , , . ,,~. ~ .' Return to: QD POR USS 1116 o . ~ ~ . '. CITY OF SEWARD ~ CITY MANAGER APPROVED AS TO FORM: Perkins coie, Attorneys for the city of Seward ?-l A./~ FRED B. ARVIDSON CITY ATTORNEY 9 1- 0 3 7 9 00 ~1. City of Seward P.O. Box 167 Seward, Alaska 99664 4FR B ,EUGl: _' -' Lu~t~ .\ODRE )$ 3 . . . LEASE AGREEMENT -, ~. ~ This Agreement, made and entered into this I - day of /" -I , 1991, by and between the CITY OF SEWARD, a home- rule municipal corporation located in the Kenai Peninsula Borough, state of Alaska, whose known address is P.O. Box 167, Seward, Alaska 99664 (hereinafter referred to as "city"), and the UNIVERSITY OF ALASKA, whose known address is 910 Yukon Drive, suite 211, Fairbanks, Alaska 99775 (hereinafter referred to as "Lessee") . WIT N ESE T H : WHEREAS, city and Lessee are mutually interested in the development of marine research, port, educational, and visitor education facilities with the City of Seward, Alaska; and WHEREAS, City and Lessee have reached agreement on a variety of land issues in the City of Seward, which agreement includes the lease of the herein described property to the lessee for 99 years at a nominal charge. - NOW THEREFORE, FOR AND IN CONSIDERATION OF THE RENTS, COVENANTS, AND CONDITIONS HEREIN CONTAINED, CITY AND LESSEE AGREE AS FOLLOWS: ARTICLB I. DEMISE city leases to Lessee, and Lessee leases from the city that certain real property herein called "Leased Land," situated in Seward, Alaska, Third Judicial District, state of Alaska, consisting of approximately 7.133 acres, including tidelands, and more particularly described as follows: All of Tract One (1) city of Seward, Waterfront Tracts, as shown on the survey of same prepared by Hewitt V. Lounsbury and Associates, dated September 1, 1969, and made a part of the Lease as exhibit"A", attached hereto and by this reference made a part thereof. U of A Leue RE.o17lt028 1 . . . ARTICLE II. CITY'S WARRANTY OF QUIET ENJOYMENT Lessee, upon paying the rent and observing and keeping the covenants, conditions and terms of this Lease on Lessee's part to be kept or performed, shall peacefully and quietly enjoy possession of the Leased Land during the term of this Lease without hindrance by, from or through city, subj ect, however to any encumbrances created or caused by Lessee. . ARTICLE III. . LEASED LAND ACCEPTED "AS IS" Lessee has inspected the Leased Land and accepts the same "as is" and without reliance on any representations or warranties of ci ty, or agents of City, as to the physical condition thereof, except as expressly herein provided. Lessee at its sole cost and expense shall have the right to raze, tear down or remove any buildings, structures or improvements presently situated on the Leased Land. All funds and proceeds, if any, obtained by Lessee from the disposition of such buildings, structures or improvements may be retained by Lessee. Lessee is aware of the easements as shown on the attached exhibit "A" and agrees to lease the property subject thereto. ARTICLE IV. USE OF LEASED LAND 1. Lessee may use the Lease Land for the construction and operation of marine research, port, education and visitors facilities and for other educational and research purposes. 2. No assignment or sublease shall be permitted unless approved in writing by the city. Such approval shall not be unreasonably withheld. ARTICLE V. LEASE TERM 1. Commencement and Expiration. The term of this Lease shall be ninety-nine (99) years, commencing July 1, 1970 and ending June 30, 2069. 2. Options and extensions. At the expiration of this lease, by inaction of the parties, the lease shall be deemed to continue from month to month. 3. Surrender of Possession. (a) Upon expiration of the Lease Term, whether by lapse of time or otherwise, Lessee shall promptly and peacefully surrender the Leased Land. U of A Leue RE-01711028 2 . . . (b) Upon the expiration of the Lease Term or any sooner termination of this Lease, Lessee agrees to execute, acknowledge and deliver to city a proper instrument in writing, releasing and quitclaiming to the City all right, title and interest of Lessee in and to the Leased Land and all improvements thereto not removed by Lessee as provided herein. ARTICLE VI. RENT. The rental for the Leased Land shall be determined and paid as follows: 1. There shall be no rent due under this lease so long as the site is used by Lessee for the construction and operation of marine research, port, education and visitors facilities. 2. Should Lessee fail to use the property primarily for marine research, port, educational or visitor center purposes for a period of three (3) years, the lease rate may, during such period of other use, be increased to the property's full fair market value as determined by an appraisal made by a mutually acceptable qualified M.A.I. appraiser. The appraisal will be subject to review and approval by Lessee. As an option to payment of fair market value rent, Lessee may terminate this Agreement. ARTICLE VII. OPTION TO LEASE ADDITIONAL LAND There is no option to lease additional land. However, it is understood that the Lessee is in the process of procuring a new research vessel to be home ported on the Leased Land, and is interested is procuring additional land to support the operations of that vessel. The city understands Lessee's needs and agrees to work in good faith with Lessee toward the joint use of Tracts 2 and 3, City of Seward Waterfront Tracts, provided it does not interfere with the proposed Seward Association for the Advancement of Marine Science (SAAMS) marine mammal center or any other city projects. ARTICLE VIII. ASSESSMENTS 1. Lessee to pav assessments. Lessee, during the lease term, agrees to pay directly to the public authorities charged with collection thereof any and all assessments levied on the Leased Land for a part of or all of the cost of any public work or improvement assessed according to benefit found by the levying authority to accrue therefrom to the Leased Land. If an option is given to pay such assessment in installments, Lessee may elect to pay the same installments, and in such case Lessee shall be liable only for such installments as shall accrue during the Lease Term. U of A Lcue RE.o17/1028 3 . . . 2. Contest. Lessee shall have the right to contest or review any assessment, levy, fee, water or sewer charges or rents, or any other governmental charges which Lessee is obligated to pay. In the event of any reduction, cancellation or discharge, Lessee shall pay the amount that shall be finally levied or assessed against the Leased Land or adjudicated to be due and payable and, if there shall be any refund payable by the governmental authority with respect thereto, Lessee shall be entitled to receive and retain the same. 3. Lessee to pav utilitv Charaes. Lessee shall payor cause to be paid all charges for water, heat, gas, electricity, sewers, and any and all other utilities used upon the Leased Land throughout the lease term, including any connection fees. ARTICLE IX. CONSTRUCTION BY LESSEE 1. Lessee's riaht to Build -- General Conditions. Lessee shall have the right at any time and from time to time during the lease term to erect, maintain, alter, remodel, reconstruct, rebuild and replace building(s) and other improvement(s) on the Leased Land. 2. Lessee's OwnershiD of Trade Fixtures. Machinerv and EauiDment. It is expressly understood and agreed that any and all trade fixtures, machinery and equipment of whatsoever nature at any time constructed, placed or maintained upon any part of the Leased Land by Lessee shall be and remain the property of Lessee or its tenants as their interests may appear and may be removed or replaced at any time during the lease term, provided Lessee or its tenants repair any and all damage to the Leased Land resulting from such removal or replacement. 3. Lessee's Riaht to Remove Improvements and OwnershiD Thereof. Lessee shall have the right to remove any buildings or improvements constructed or placed upon the Leased Land by Lessee, prior to the expiration of the Lease. Any buildings or improvements not removed within one year of expiration of the Lease shall become the property of city without the payment of any compensation to Lessee. ARTICLE X. NOTICE OF NON-RESPONSIBILITY The City may, as contemplated by Alaska statutes 34.35.065 (as now enacted or hereinafter amended) give notice of non- responsibility for any improvements constructed or made by Lessee on the Leased Land. U of A Leue RE.()17n028 4 . . . AR'l'ICLB XI. INDEMNI'l'Y Except for claims arising of acts solely caused by the negligence of the City or its representatives, Lessee agrees to protect, indemnify, defend and save harmless the city from and against any and all liability arising from acts or omissions of any nature whatsoever of Lessee's officers, servants, employees, contractors, tenants, agents or invitees causing injury to or death of persons or loss of or damage to property during the Lease Term. AR'l'ICLB XU. INSURANCB Lessee, during the Lease Term, shall maintain an amount of not less than $1,000,000 comprehensive liability coverage for premises operations, broad-form property damage and personal injury. The minimum requirements in this section may be increased from time to time by the City in accordance with customs and usage for comparable property in the Seward Metropolitan area. Lessee may provide said insurance required in the form of a blanket policy or through a self insurance program, provided Lessee furnishes evidence satisfactory to the City indicating the coverage thereunder is at least equal to the coverage obtainable under a separate policy covering the Leased Land only. Said insurance policy shall contain an agreement by the insurers that such policies shall not be canceled without at least thirty (30) days; prior written notice to the City, and certificates or copies of all such insurance policies shall be furnished to the city promptly after the issuance thereof. AR'l'ICLB XIII. CARB OF LEASBD LAND, ACCBSS OF 'l'HB CI'l'Y 1. Care of Leased Land. Lessee at its own cost and expense shall keep the entire Leased Land and all buildings and improvements which at any time may be situated thereon in good, clean, safe and tidy condition and repair during the Lease Term. 2. Access Riahts of the citv. The City and its agents or representatives shall have the right to enter into and upon the Leased Land during reasonable hours for the purpose of inspecting the Leased Land. U of A Lcue RE~1711028 5 . . . ARTICLB XIV. COMPLIANCE WITH LAWS Lessee shall comply with all applicable laws, ordinances and regulations of duly constituted public authorities now or hereafter in any manner affecting the Leased Land or any buildings, structures or improvements situated hereon. Lessee further agrees it will not permit any unlawful occupation, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto. ARTICLE XV. EMINENT DOMAIN 1. Interest of Parties in Condemnation. In the event the Leased Land or any part thereof shall be taken for public purposes by condemnation as a result of any action or proceeding in eminent domain, or shall be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of the city and Lessee in the award of consideration for such transfer and the effect of the taking or transfer upon this Lease shall be as provided by law. In the event the extent of the taking makes impracticable the continued operation of the Lessee's use of the property for its research or educational or visitor center purposes, upon written notification by Lessee, this Lease and all of the right, title and interest thereunder of Lessee shall cease on the date title to such Land so taken or transferred vests in the condemning authority. Lessee shall be entitled to and shall receive all compensation related to the condemnation of the improvements located on the Leased Land and the value of its leasehold interest in the Leased Land. Lessee shall also be entitled to compensation representing the value of Lessee's displacement and loss of operation, which compensation lessee shall negotiate separately with the condemning pUblic entity. 2. Partial Takinq -- continuation of Lease. In the event the taking or transfer of a part of the Leased Land leaves the remainder of the Leased Land in such location and in such form, shape or size, or so accessible as to be effectively and practicably usable in the opinion of the Lessee for the purpose of operation thereon of Lessee's business, this Lease shall terminate and end as to the portion of the Leased Land so taken or transferred as of the date title to such portion vests in the condemning authority and the condemning authority enters into possession but shall continue in full force and effect as to the portion of the Leased Land not so taken or transferred. U of A Lease RE-017n028 6 . . . . ARTICLB XVI. ARBITRATION Any controversy or claim ar1s1ng out of or relating to this Lease, or the breach thereof, shall be settled by arbitration in the Seward, Alaska, or with the consent of both parties in Anchorage, Alaska, and judgement upon the award may be entered in any court having jurisdiction thereof. ARTICLB XVII. DEFAULT AND TERMINATION 1. Lessee may terminate this Agreement at any time by giving a written notice of thirty (30) days to the city. 2. Lessor may terminate this Agreement if Lessee fails to take reasonable steps to keep and perform any of the covenants or conditions of this Lease within ninety (90) days after written notice of default. 3. If the leasehold interest hereunder is abandoned by Lessee, abandonment being herein defined as non-use for a three (3) year period; then, city may at city's option, with six (6) months' written notice to Lessee, terminate this Lease. Upon termination of this Lease as aforesaid, Lessee shall surrender possession of the Leased Land to the city and remove all Lessee's effects therefrom and may remove all Lessee's building and other improvements, and lessee shall have no further rights hereunder or with respect to the Leased Land. ARTICLB XVIII. GENERAL PROVISIONS 1. EstoDDel certificates. Either party shall at any time and from time to time, upon not less than thirty (30) days' prior wr i tten request by the other party, execute, acknowledge, and deliver to such part , or to its designee, a statement in writing certifying that this Lease is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof); and stating the dates to which the rent and other charges have been paid in advance. It is expressly understood and agreed that any such statement delivered pursuant to this section may be relied upon by any prospective assignee or tenant of the Leasehold Estate, or estates, or lessee or any prospective purchaser of any lender on the security of the Leased land or the fee estate, or any part thereof. U of A Leue RE.{lt7/1028 7 . . . 2 . Conditions and covenants. All the provision of this Lease shall be deemed as running with the land, and shall be construed to be "conditions" as well as "covenants, II as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 3. No Waiver of Breach. No failure by either the city or Lessee to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Lease, but each and every covenant, condition, agreement and term of the lease shall continue in full force and effect with respect to any other then existing or subsequent breach. 4. Time of essence. Time is of the essence of this Lease and of each provision. 5. Successors in Interest. Each and all of the covenants, conditions and restrictions in this Lease shall inure to the benefit of and shall be binding upon the successors in interest of City and the authorized assignees, transferees, tenants, licensees and other successors-in-interest of Lessee. 6. Entire Aareement. This Lease contains the entire agreement of the parties with respect to the matters covered by the Lease, and no other agreement, statement or promise made by any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. 7 . Governina Law. This Lease shall be governed by, construed and enforced in accordance with the laws of the state of Alaska. 8. Partial Invaliditv. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 9. RelationshiD of Parties. Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and Lessee; and neither the method of computation of rent nor any other provision contained in this lease nor any acts of the parties, shall be deemed to create any relationship between the City and Lessee other than the relationship of lessor and lessee. U of A LeaIe RE-01711028 8 . . . 10. InterDretation. The language in all parts of this Lease shall in all cases be simply construed according to its fair meaning and not strictly against the City of Lessee. Unless otherwise provided in this Lease, or unless the context otherwise requires, the following rules of construction shall apply to this Lease: (a) Number and Gender. In this Lease, the neuter gender includes the masculine and the feminine, and the singular number includes the plural; the word "person" includes corporation, partnership, firm or association wherever the context so requires. (b) caDtions. Captions of the articles, sections and subsections of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease. 11. Amendment. This Lease is not subject to amendment except in writing executed by all parties hereto. 12. Notices. All payments of rent shall be either hand delivered or sent, postage prepaid, through the United states mail to Lessor at the address below. All notices referred to in this Agreement shall be sent certified mail, return receipt requested, to the parties at the addresses shown below and shall be deemed given three (3) days after deposit in the mail. LESSOR LESSEE City of Seward P.O. Box 167 Seward, Alaska 99664 University of Alaska Facilities Planning and Construction 910 Yukon Drive, Suite 211 Fairbanks, Alaska 99775 13. Broker's Commission. Each of the parties represents and warrants that there are no claims for broker's commissions or finder's fees in connection with the execution of this Lease. ARTICLE XIX. RECORDING The parties may, concurrently with the execution of this Lease, execute, acknowledge and record a memorandum of lease. FOllowing recording, the memorandum of lease shall be attached to this Lease. U of A Leue RE~1711028 9 . ARTXCLB xx. KODIPXCATXON OP EARLIER LEASE The lease agreement between the city of University of Alaska dated September 25, 1970, Seward Recording District and amended July 10, terminated. Seward and the Page 4 Book 50R 1975, is hereby LESSOR: CITY OF SEWARD LESSEE: UNIVERSITY OF ALASKA ~?~ D SCHAEFERMEYER CITY MANAGER ATTEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the City of Seward, Alaska -Qr.~~:~J~.~ .~LINDA S. MURPHY, CMC/AAE CITY CLERK ~~ 1\.1 bt:- FRED B. ARVIDSON CITY ATTORNEY (City Seal) . U of A Leue RE-Ot7/1028 10 . . . STATE OF ALASKA ) )ss. FOURTH JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this I ~ day of ~1vI.. Jv,~ , 199J, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally - 11 appeared"'c 1'., 1/ ,( I: /-Ih',- , known to me and to me known to be the I)" (c,.z..- ;;(~,,-,.f,.>?,;./:.{<~ ~~ of the University of Alaska, a const1tutional corporation , organized and existing under the laws of the State of Alaska, and who acknowledged to me that he executed the within and foregoing Agreement on behalf of said corporation, as such officer thereof, by authority of its Board of Regents, as the vOluntary act and deed of said corporation, for the uses and purposes therein mentioned. WITNESS my hand and notarial s~l the day and year first hereinabove written. .,/ /)( . ~ - AC()JI~ N tary Publ1C 1n and for Alaska y Commission Expires: f"2 - 0-. '1/ U of A Leue RE-017/1028 11 ~ . I . . . LAND USE PERMIT The University of Alaska, a constitutional corporation, organized and existing under the laws of the state of Alaska, through its Statewide Office of Facilities Planning and Construction, located at 910 Yukon Drive, suite 211, Fairbanks, Alaska 99775, hereby permits the city of Seward, a home-rule municipal corporation, whose know address is 305 Fifth Avenue, P.O. Box 167, Seward, Alaska 99664 (hereinafter "Permittee"), the right to use the property described as: A portion of the E1/2 SW1/4 SW1/4, W1/2 SE1/4 SW1/4 section 27, Township 1 North, Range 1 West, Seward Meridian, and more particularly described as follows: A strip of land 10 feet wide by 350 in length encompassing one channel of Jap Creek Slough above the confluence with the Resurrection River; said channel being located approximately 600 feet north of the southerly boundary of section 27 and being between 1200 and 1600 feet east of the westerly boundary of section 27, township 1 North, range 1 West, Seward Meridian. as shown on Attachment "A", attached hereto and by this reference made a part hereof, for the purpose of construction, operation and maintenance of a fish mitigation spawning channel, subject to the fOllowing general requirements. 1. This Permit conveys no interest in the above-described property. This Permit is nonrenewable, but may be reissued upon application by the Permittee at the University's discretion. This permit is revocable for cause only, and then, only after Permittee has had sixty (60) days to cure said cause. Revocable cause shall include non-use of the property for a fish mitigation spawning channel for a continuous two-year period. This Permit is non-transferrable. It is issued to authorize specific activities requested by the Permittee. 2. Existing valid uses shall not be prevented or restricted by Permittee's use of the property. Land Use Permit 1 . . . 3. This Land Use Permit is subject to the following conditions: Permittee agrees to defend, indemnify and save harmless the University of Alaska, its Board of Regents, officers and employees from all claims, demands, judgements, costs and expenses (including reasonable attorney's fees) which may arise by reason of injury to any person or damage to any property attributable to any act or omission of the Permittee, its officers, employees and agents, stemming from the Permittee's use and occupancy of the property. 4. The permitted use shall begin on or after July 1, 1989 and terminate on or before June 30, 2088. Upon termination, Permittee shall be afforded an additional thirty (30) days within which to remove it possessions. 5. special stipulations noted on Attachment "B" are attached hereto and by this reference made a part hereof. This Permit is effective upon the University of Alaska's receipt of a fully executed document containing original signatures by both parties. PERMITTEE ~ city Manager city of Seward UNIVERSITY OF ALASKA MARTIN EPSTEIN Date: February 17,1991 Date: ATTEST: .v~ "L r ',o_~ .~ PATRICIA J. JONES ACTING CITY CLERK (City Seal) Land Use Permit 2 ATTACH~lE:H A Attac' nt to the Pennit Agreement bet~ 1 the UnIversity of Alaska as Permiter, ar.y the City of Seward, as Permittee. .~ I I I~ z, - ~ ~ . .....: ~~ ~ ~~ ~ ....... ~ ~, " \) ::~ ... ", . ..... ~ ~"" ~ Ill... < ,'" ~ (': .. t: oJ ~ ~ ~ . Il ... ~ .. -0 A'///~//F .. . i ... i .. ~ ~ ~ ~ V) lit " .... . -!:. . ... .. ~ . . - - '" . :a ~ f( 10I \c1. ~ ~ ~ 0 f , -.- .' . I . - 1 , I :t . . I .. .. -- ,,~ -.. I ~~ I ~c .,: ~ <:) .... ~ . , ~. . II j . ~ , ~ ~ ~ .. . . II'f I I - o o.n ..., E - o - .. C1l N .- tn ...., U ell ...., o s.. c.. ~ . ~ ~ E I,/) ~ !I\ ~ ~ . ~ ~ 3: "l " . ,... NOT 1C1 5C4LE Page 2 . . . LAND USE PERMIT ATTACHMENT B All activities shall be conducted so as to minimize disturbance of drainage systems, course and character of waterbodies, seeps or marshes. Permittee shall not harass or disturb fish or wildlife resources. Permittee shall maintain the property in a clean, sanitary and safe condition. All due care shall be taken to prevent or suppress any fire in the permitted area. Uncontrolled fires shall be reported immediately. All survey monuments and accessories, such as witness corners, reference monuments and bearing trees, shall be protected. Any damaged or destroyed markers shall be re-established in accordance with accepted survey practices. The university may inspect or use its property prior to the termination of this Permit, provided that such use does not interfere with Permittee's permitted use of the property. Notice of such action will be provided to the Permittee. The Permittee, upon completion of its sole cost, restore the university's satisfactory to the university. activities, shall, at its property to a condition Permittee shall assume sole responsibility for acqu1r1ng all permits and authorizations necessary to utilize the property for fish mitigation spawning purposes. Any informational signs on the property shall acknowledge the University of Alaska as owner of the property. Land Use Permit 3