HomeMy WebLinkAboutRes1991-076
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sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL BY
LEASE OF THE "OLD 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 "Old 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 "Old Depot" building has for any years made these facili-
ties 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 authorized to execute the
Lease and Dock License Agreement, attached and incorporated herein
by reference, for the "Old 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 by negotiated agreement is in the public interest.
section 3. The public interest would best be served by
waiving an appraisal of the property in accordance with ~ 7.05.130
of the Seward City Code.
Section 4. This resolution shall take effect thirty (30) days
after adoption and posting as required by law.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 24th day of June, 1991.
THE CITY OF SEWARD, ALASKA
QC<~h~" / d~
David L. Hilton, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-076
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Burgess, Dunham, Hilton, Krasnansky, Sieminski & Simutis
None
Meehan
None
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
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(City Seal)
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Fred B. Arvidson
city Attorney
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KTL - ___(AHRS) I RE-018 (CITY)
LEASE AND DOCK LICENSE AGREEMENT
THIS AGREEMENT, made this day of , 1991,
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 "AHRS";
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. Property Description: The city leases to the AMHS that
structure commonly known as the "Old Railroad Depot" building
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 privileqes: 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.
3. ~: The term of the Lease and Dock License Agreement
and the right of the AMHS to use the Fourth Avenue Dock, shall be
for one (1) year, beginning July 1, 1991, through and including
June 30, 1992. This agreement may sooner terminate by either the
AMHS or City upon ninety (90) days written notice.
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4. ~: The total annual fee to be paid by the AMHS to the
City shall be: THIRTY-THREE THOUSAND, SIX HUNDRED NINETY AND
NO/100 ($33,690.00) DOLLARS (TWENTY-EIGHT THOUSAND, TWO HUNDRED
FIFTY-FOUR and NO/100 ($28,254.00) DOLLARS for preferential
berthing and moorage privileges and FIVE THOUSAND FOUR HUNDRED
THIRTY-SIX DOLLARS ($5,436.00) for rental of the "Old Railroad
Depot" Building). The fee will be paid in advance upon approval of
this agreement by both parties.
5. Dock Use and Parkinq: 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. Freiqht Charqes: 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. Building Repairs. (a) Maior Repairs. 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.
AMHSRE-018
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(c) Minor 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 thereto, 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.
AMHSRE-018
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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
CITY OF SEWARD, ALASKA
GEORGE H. REIFENSTEIN, JR.
VESSEL AND TERMINAL SERVICES
MANAGER
DARRYL SCHAEFERMEYER
CITY MANAGER
ATTEST:
APPROVED AS TO FORM:
PERKINS COIE, Attorneys
for the City of Seward
LINDA S. MURPHY, CMC/AAE
CITY CLERK
(City Seal)
FRED B. ARVIDSON
CITY ATTORNEY
STATE OF ALASKA )
)ss.
JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1989, before me, the undersigned, a Notary Public in and for the
State of Alaska, personally appeared , known
to me and to me known to be the individual named in and who
executed the foregoing document, and he acknowledged to me that he
signed and sealed the same as his free and voluntary act for the
uses and purposes therein set forth.
WITNESS my hand and notarial seal the day and year first
hereinabove written.
Notary Public in and for Alaska
My Commission Expires:
AMHSRE-018
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