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HomeMy WebLinkAboutRes1991-097 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO, 91-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LEASE RENEWAL OF AIR FORCE RECREATION CAMP ADDITION LEASE NO. RE-023 AT A FAIR MARKET RATE COMMENSURATE WITH THE PRIMARY AIR FORCE RECREATION CAMP LEASE WHEREAS, the U. S. Air Force wishes to continue its lease within Lots 3 and 6A, Fort Raymond Subdivision, as a supplement to Air Force Recreation Camp Lease No. RE-035, to allow for trailer housing units which straddle the primary lease boundary; and WHEREAS, the U. S. Air Force continues to seek ways in to replace the temporary trailer housing units as part renovation of the existing camp facilities; and which of a 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, the lease rate per square foot will be the same as the rate for the adjoining primary lease site; and WHEREAS, although the lease site is within the cemetery and electric substation properties, the city has no immediate plans for this site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute a renewal of Air Force Recreation Camp Addition Lease No. RE-023 for a term of two years through June 30, 1993, at a per square foot fair market lease rate identical to the rate charged for the primary Air Force Recreation Camp lease. A copy of the lease renewal is attached and incorporated herein by reference. Section 2. It is in the public interest to waive appraisal of the subject property. 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 12th day of August, 1991. -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-097 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Burgess, Simutis None Dunham None Hilton, . (City Seal) THE CITY OF SEWARD, ALASKA C1~~{)~~d~ David L. Hilton, Mayor Krasnansky, Meehan, Sieminski and APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska ?~ /1P ~ Fred B. Arvidson City Attorney -2- . . DEPARTMENT OF THE ARMY Corps of Engineers Lease No. DACASS-S-91-76 North Pacific Division Alaska District LAND LEASE Between THE CI1Y OF SEWARD, ALASKA and THE UNITED STATES OF AMERICA 1. THIS LEASE, made and entered into this 1st day of July in the year one thousand nine hundred and ninety-one by and between the City or Seward, Alaska whose address is Post Office Box 167, Seward, Alaska 99664, ahd whose interest in the property hereinafter described is that of Owner in Fee Simple, for its heirs, executors, administrators, successors, and assigns, hereinafter called Lessor, and THE UNITED STATES OF AMERICA. hereinafter called the Government:' WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following described premises, viz: see legal description, Exhibit A. and real estate drawing, Exhibit B, both attached hereto and made a part hereof, to be used for Government purposes. . ENG FORM 856, JUL 83 . . . 3. TO HAVE AND TO HOLD the said premises for the term beginning July 1, 1991, through September 30, 1991, provided that unless and until the Government shall give notice of termination in accordance with provision 6 hereof, this lease shall remain in force thereafter from year to year without further notice; provided further that adequate appropria. tions are available from year to year for the payment of rentals; and provided further that this lease shall in no event extend beyond June 30, 1993. 4, The Government shall pay the Lessor rent at the rate of Two Hundred Seventy Dollars ($270.00) per annum in arrears. Payment shall be made at the end of each Federal fiscal year by the Accounting and Finance Office, MARK. FOR: Lease No. DACA85-5-91-76, Post Office Box 899/ ACFC, Elmendorf Air Force Base, Alaska 99506-0899. Rent for a lesser period shall be prorated. 5. The Government shall have the right, during the existence of this lease to attach fixtures and erect structures or signs in or upon the premises hereby leased. which fixtures and structures, or signs so placed in upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. 6. The Government may terminate this lease at any time by giving thirty (30) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. 7. Any notice under the terms of this lease shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Government shall be addressed to the Lessor at Post Omce Box 167, Seward, Alaska, 99664. And if given by the Lessor shall be addressed to District Engineer, U.S. Army Engineer District, Alaska, Post Omce Box 898, Anchorage, Alaska 99506-0898. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commksion, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. 9. No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. PAGE 2 U.s. Government Lease No. DACA8S-5-91-76 . . . 10. (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army, or his duly authorized representative, that gratuities (in the form of entertainment. gifts, or -otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such lease; provided, that the existence of facts upon which the Secretuy of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in paragraph (a) hereof. the Government shall be entitled (i) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary rlaml\ges in an amount (as determined by the Secretuy of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee. ( c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease. 11. The Lessor agrees that the Comptroller General of the United States or any duly authorized representative shall, until the expiration of three (3) years after final payment of the agreed rental, have access to an the right to examine any directly pertinent books. documents, papers and records-of. the Lessor involving. transactions related to this lease.. - . IN WITNESS WHEREOF, the parties hereto have hereunto subscnbed their names. as of the date first above written. In presence of: ATTEST: DARRYL SCHAEFERMEYER. City ~nag~~ CITY OF SEWARD, ALASKA Lessor LtNDA S. MURPHY ,. CMC I ME City Clerk Date (Seal) Date THE UNITED STATES OF AMERICA, By: Chief, Real Estate Division U.S. Army Engineer District, Alaska PAGE 3 U.s. Government Lease No. DACA8S-S-91-16 Approved as to Form: Perkins Coie. Attorneys for the City of Seward Fred B. Arvidson. City Attorney . . . (IF LESSOR IS A CORPORATION, THE FOLLOWING CERTIFICATE SHALL BE EXECUTED BY THE SECRETARY OR ASSISTANT SECRETARY.) 1, of the corporation named as . certify that I am the Lessor in the attached lease; that . who signed said lease on behalf of the Lessor, was then the of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. DATE: BY: TITI..E: (Affix Corporate Seal) PAGE 4 U.s. Government Lease No. DACA8S-S-91-76 . . . Seward Recreation Annex Tract 103LE T .F.GAL DESCRIPTION 0.31 Acre:t An unsurveyed parcel of land within Lot 3, Fort Raymond Subdivision. and Lot 6A, Fort Raymond Subdivision Replat No.1, Third Judicial District, State of Alaska; said parcel being more particularly described as follows: Beginning at the Northwest Comer of Lot 5, Fort Raymond Subdivision; thence North, a distance of 280 feet, more or less,. to the Northeast Comer of Lot 3, Fort Raymond Subdivision; thence North, a distance of 260 feet, more or less; thence West, a distance of 25 feet, more or less; thence South, a distance of 540 feet, more or less; thence East, a distance of 25 feet, more or less,. to the POINT OF BEGINNING and the terminus of this description. Contains 13,500 square feet.or.Q.31. acres, more, or-less.. ~ . RLC 9Jul91 Exhibit A U.S. Government Lease No. DACA8S-S-91-76