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HomeMy WebLinkAboutRes2005-024 Sponsored by: Corbridge ... CITY OF SEWARD, ALASKA RESOLUTION 2005-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE LEASE AGREEMENT WITH ACS WIRELESS, INC., AS SUCCESSOR IN INTEREST TO MACTEL CELLULAR SYSTEM FOR A PORTION OF U.S.S. 4828, WITHIN SECTION 12, TIS, RIW, SEWARD MERIDIAN, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, FOR THE PURPOSE OF EXTENDING THE TERM OF THE LEASE TO JUNE 30, 2010 WHEREAS, ACS Wireless, Inc., as successor in interest to Mactel Cellular System ("Lessee") has requested a lease term extension to its existing lease agreement with the City of Seward for 2800 square feet, more or less, within U.S.S. 4828, within Section 12, TlS, R1 W, Seward Meridian, Seward Recording District, Third Judicial District. State of Alaska; and WHEREAS, the current lease has been in effect since December 28, 1994 and the Lessee has submitted a timely request for an extension ofthe lease term in accordance with Section 2.4 of the Lease; and - WHEREAS, Section 2.4 ofthe Lease provides that the Lessee shall have the right to extend the initial term of the Lease for two additional five-year periods provided that Lessee exercise the option to extend at least 180 days prior to the expiration ofthe then current Lease term, Lessee is not in default, and the Seward City Council approves the extension by resolution. 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 enter into an amendment of the lease agreement with ACS Wireless, Inc., as successor in interest to Mactel Cellular System, in substantial form as attached hereto, to extend the Lease term to June 30, 2010. Section 2. This resolution shall take effect thirty (30) days after its adoption and posting. PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 11th day of April, 2005. - CITY OF SEWARD, ALASKA RESOLUTION 2005-24 ..J THE CITY OF SEWARD, ALASKA ~:Uv JL~ Vanta Shafer, Ma or AYES: NOES: ABSENT: ABSTAIN: Branson, Valdatta, Amberg, Clark, Lorenz, Shafer None Dunham None ATTEST: )-~'~'~ "h~ii1.e'",I,~..., ...<~ ""\'C';(,,,~;-.,...:.., .i'~~ ~:o(~4 ~'~:,:~::::..~-:'" !~~>. t~ G~so,Fi:\'r'O~'t, ~~" ::'~ (City Seal).~ l!!- '(>;" ~ '" 1100,"! .......... ..." Il! I.. : ~ ~~ . ("'t "'::1'''-'' .\ '4' ; ~; 0 i ~;,,- 'J'~ : c. 1.' . OJ v'I . . . .,1 . -.."..- & I'll ..::. , -., v, fl, ."~ ':. -;~ C~,t.I~~~'~: 1 ,\~:."'..l:r ~~. ~, "'_.':;....,'..";,.....:.e.t c,.....~ " , 'I '''r, ~',..' . ~ -" .... C' _. ".\, r" " ....j;;; ("" r"..... '" ~..,. 1'..,,;,;=;~i:.'S... i. .... ..... COUNCIL AGENDA STATEMENT Meeting Date: April 11, 2005 Through: Clark Corbridge, City Manager From: Scott Ransom, Harbormaster Agenda Item: Authorizing the City Manager to enter into an amendment to the lease agreement with ACS Wireless, Inc. BACKGROUND & JUSTIFICATION: The current lease between the City and the Lessee has been in effect since December 28, 1994 and the initial term expires on June 30, 2005. Section 2.4 of the Lease provides that the Lessee shall have the right to extend the initial term of the Lease for two additional five-year periods provided that Lessee exercise the option to extend at least 180 days prior to the expiration of the then current Lease term, Lessee is not in default, and the Seward City council approves the extension by resolution. The Lessee has submitted a timely request for an extension of the lease term in accordance with Section 2.4 of the Lease and, to our knowledge, is not in default under any term or provision of the Lease. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan X FISCAL NOTE: Quarterly rent paid under the Lease $200 x 2 = $400/annual, and is subject to adjustment on July 1, 2005. Approved by Finance Department RECOMMENDATION: Council approves Resolution 2005-24, authorizing the City Manager to enter into an amendment to the lease agreement with ACS Wireless, Inc. to extend the Lease term to June 30, 2010. Lease Extension Agenda Page 1 of 1 ACS Wireless, Inc. \\192.168.1.135\f$\cityclerk\RESOLUTIONS\2005\05-24 ACS Lease Extension AS.doc