HomeMy WebLinkAboutRes1980-006
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2/5/80
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CITY OF SEl.ARD, ALASKA
RESOLUTION NO. 80-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
PROVIDING FOR THE DISPOSAL OF PREFERENTIAL USE
OF A PORTION OF THE SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK
WHEREAS, the City of Seward, Alaska, is the owner of that portion
of the Municipal Small Boat Harbor Dock described as follows:
Beginning at the northwest corner where said
dock joins and intersects the shoreline, the
TRUE POINT OF BEGINNING; thence South for a
distance of 352 feet; thence East for a distance
of 17 feet; thence North for a distance of 352
feet; thence West for a distance of 17 feet to
the TRUE POINT OF BEGINNING; comprising approxi-
mately 5984 square feet;
and
WHEREAS, the City of Seward, Alaska, is the owner of that portion
of the Municipal Boat Lift Dock, located near the Small Boat Harbor Dock,
and described as follows:
Beginning at the northeast corner of the boat
lift dock where said dock joins and intersects
the shoreline, South along the face of the dock
to its southernmost point; thence West along the
southern face for a distance of 17 feet; thence
North along the dock to the point where the dock
intersects the shoreline; thence East 17 feet to
the point of beginning;
and
WHEREAS, the City has previously granted to Seward Fisheries, a
joint venture of Petersburg Fisheries, Inc. and Viking Seafood Company,
preferential use of the portion of the premises described above; and
WHEREAS, it is in the public interest to allow Seward Fisheries to
continue to have preferential but not exclusive use of the docks; and
WHEREAS, preferential use of the docks has not previously been
dedicated to the public purpose; and
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City of Seward, Alaska
Resolution No. 80-6
Page Two
WHEREAS, the City Council hereby finds that it is not in the public
interest to dispose of the preferential use of the dock premises by means of
public sale and that it is in the public interest to negotiate the disposal
of preferential use by means of negotiation with Seward Fisheries:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, that the City Manager is hereby authorized and directed to
negotiate the disposal of preferential use rights for the portion of the
Municipal Small Boat Harbor Dock and the Boat Lift Dock described above
according to the terms set forth in the "License Agreement for Seward Municipal
Small Boat Harbor Dock" attached hereto and incorporated herein by reference,
AND, BE IT FURTHER RESOLVED that the City Manager is also authorized
to execute the attached License Agreement on behalf of the City of Seward.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 4th day of February, 1980.
CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSENT:
CAMPBELL, CRIPPS, HUGLI, SORIANO AND SWARTZ
NONE
GILLESPIE AND POTTS
ATTEST:
APPROVED AS TO FORM:
CRANSTON, WALTERS, DAHL & JARRELL
Attorneys for the City of Seward, Alaska
(City Seal)
Ranald H. Jarrell
12/19/79
JES
LICENSE AGREEMENT FOR
SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK
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THIS AGREEMENT is made and entered into by and between
;'the City of Seward, Alaska, a municipal corporation, organized
,
and existing under the laws of the State of Alaska, hereinafter
1 referred to as the "City", and Seward Fisheries, a joint venture
of Petersburg Fisheries, Inc. and Viking Seafood Company, herein-
i after called "Licensee";
(1) Premises. The City hereby grants to the Licensee
a license to occupy and use, subject to all of the terms and
conditions hereinafter stated, the following-described premises:
(a) That portion of the Municipal Small
Boat Harbor Dock located on the northwesterly
shore of Resurrection Bay within the boundaries
of the City of Seward, described as follows:
Beginning at the northwest corner
where said dock joins and intersects
the shoreline, the TRUE POINT OF BEGIN-
NING; thence South for a distance of
352 feet; thence East for a distance
of 17 feet; thence North for a distance
of 352 feet; thence West for a distance
of 17 feet to the TRUE POINT OF BEGIN-
NING; comprising approximately 5984
square feet.
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(2) Use. The premises may be occupied and used by the I
Licensee solely for the unloading and processing of fish and I
other seafood. Licensee shall be entitled to install ice machines,l
hoists and grading tables on the dock to be utilized in the un- \1
loading and processing of fish, and for any other incidental t
purposes or use in connection with the Licensee's business. The i
use of the dock granted to the Licensee is preferential and not !
exclusive. ,
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(3) Term. The term of this License begins on January 1,1
1980, and terminates June 30, 1984. I
(b) That portion of the Municipal Boat
Lift Dock located near the municipal small boat
dock described as follows:
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Beginning at the northeast corner
of the boat lift dock where said dock
joins and intersects the shoreline,South
along the face of the dock to its southern-
most point; thence West along the southern
face for a distance of 17 feet; thence
North along the dock to the point where
the dock intersects the shoreline; thence
East 17 feet to the point of beginning.
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(4) Installations. All installations placed upon the I
above-described portion of the Municipal Small Boat Harbor Dock I
and the Boat Lift Dock shall be and remain the property of the 1
Licensee and may be removed therefrom by the Licensee at any time. '
The construction, operation, maintenance and removal of all in-
stallations shall be accomplished by the Licensee at its sole
cost and expense and in such a manner as will at all times enable
the City and members of the general public and those otherwise
entitled to the use of the Municipal Small Boat Harbor Dock and
the Boat Lift Dock to use the surface of the remaining portion of
the dock area.
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(5) Liability and Indemnity. The City shall not be
liable for damages to property or injuries to persons, including
death, arising from the construction, operation, maintenance,
removal or activity of the Licensee, its principalS, officers,
employers, employees, associates, agents, representatives,
successors, heirs or assigns, licensees or invitees, and the
Licensee does hereby agree to protect, defend, save harmless and
indemnify the City, its officials, employees and authorized
representatives, against any loss, cost, damage, expense, judgment
or liability of any kind whatsoever, from or by reason or on
account or as a result of the activity of the Licensee.
(6) Removal of Improvements. The Licensee hereby
covenants and agrees that on or before the termination of this
License, it will remove said installation and other appurtenances
connected therewith from the premises of the City and restore the
premises to the condition existing at the time of entering upon
the same under this License, reasonable wear and tear and damage
by the elements or by circumstances over which the Licensee has
no control expected.
(7) Repairs. The cost of repair of any damage to the
above-described leased premises occurring during the term of this
License shall be paid by the Licensee.
this
this
IN WITNESS WHEREOF, the parties hereto have executed
dO~}lJl1ltnt by and throJ~~ their duly c~uthorized officials on
L~ day of ~//) 161C/.../ , 19~.
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I ATTEST:
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:.1 "-..j~, C" "'-'-<--' xf)U,,\.l(l!
: JoA.'nne E. Shanley. J'
'City Clerk
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: (City Seal')
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SEWARD FISHERIES
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I~APPROVED AS TO FORM;
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I:CRANSTON, WALTERS, DAHL & JARRELL
iAttorneys for the City of Seward, Alaska
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I:Ran~:.~a~~
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i,STATE OF ALASKA )
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I ss.
,THIRD JUDICIAL DISTRICT )
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I THIS IS TO CERTIFY that on the \Co - day of l- (J.) du
1,19rsD, before me, the undersigned, a Notary Public in and for the
:State of Alaska, duly commissioned and sworn as such, personally
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:, appeared CLARENCE E. JOHNSON and JOANNE E. SHANLEY, known to me
',and to me known to be the City Manager and City Clerk respectively
!of the City of Seward, Alaska, and acknowledged to me that the
!foregoing instrument was executed by them in their official cor- ,
:porate municipal capacity, and that they executed the same pursuant'
ito the authorization of the City Council of the City of Seward, i
iAlaska; that the same was executed as the free and voluntary act
land deed of the municipal corporation to execute the foregoing
iinstrument, and that the seal affixed hereto is the corporate
'seal of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my Notarial Seal the day and year hereinabove written.
~?L-vv 1M tv, IJfd&_'LL_
Notary Public in and foiYAl~ska
My Commission ExpirE~s; /J. ~I )'.H
!STATE OF ALASKA )
) ss.
[THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the l;:~.!i- day of ,file) cf-J
[19',:0 , before me, the undersigned, a Notary Public in and for the
!State of A aska, duly commissioned and sworn as such, personally
I appeared \ ."l\ tT \ <\ -\ (1 ,-, 'So , known to me and to me
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'known to be the c'S"u_c"~ \' (n,,,1, \\I,j"n(,n- of SEWARD FISHERIES, and
acknowledged to me that the foregoirlg instrument was executed by
him in his official corporate capacity, and that he executed the
;same pursuant to the authorization of said corporation; that the
,same was executed as the free and voluntary act and deed of the
'corporation to execute the foregoing instrument for the uses and
purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed by Notarial Seal the day and year hereinabove written.
, i'
\'- .'irq.-. l h/ G ><V).-;. ~L.I
Not~ry Public in and for N ask a
My Commission Expires; i!-~) 9-(:tJ
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