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HomeMy WebLinkAboutRes1980-044 r~ CITY OF STIJARD, ALASKA RESOLUTION No. 80-44 A RESOLUTION PROVIDING FOR THE DISPOSAL OF TRACTS 3 AND 4 OF THE SEWARD WATERFRONT TRACTS AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE LEASE THEREON WHEREAS, the City of Seward is the owner of that certain real property located within the City of Seward known as Tracts 3 and 4 of the Seward Waterfront Tracts, Seward Recording District, Third Judicial District, State of Alaska; WHEREAS, the City Council hereby finds that this property has not previously been dedicated to any public purpose; and WHEREAS, this property has earlier been leased to Northern Stevedoring and Handling Corporation under a lease agreement, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, the earlier lease covering the property was found to be inadequate in several respects including its rental adjustment clause; and WHEREAS, the Lessee, Northern Stevedoring and Handling Corporation, has indicated a willingness to accept the terms of the lease agreement attached here as Exhibit 2 and incorporated herein by reference; and WHEREAS, the City Council hereby finds that it is not in the public interest to dispose of this land by lease by public offering or sale; and WHEREAS, the City Council hereby further finds that it is in the public interest for the City to continue the leasehold of Northern Stevedoring and Handling Corporation according to the terms set forth in the revised lease described as Exhibit 2 herein: NOW, THEREFORE, BY IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD that: Section 1. The City Manager is hereby authorized and directed to renegotiate the lease of tracts 3 and 4, Seward Waterfront Tracts to Northern Stevedoring and Handling Corporation consistent with the terms set forth in Exhibit 2 attached hereto. r Section 2. The City Manager is hereby authorized and directed to execute a lease consistent with the terms described above and to perform such other actions as are necessary to carry out the purpose of this resolution. PASSED AND APPROVED SEWARD, ALASKA, this 14th CITY COUNCIL OF THE CITY OF J 1980. AYES: NOES: ABSENT: CAMPBELL, GILLESPIE, HUGLI, LEER, SORIANO AND SWARTZ NONE CRIPPS ATTEST: /' APPROVED AS TO FORM: '~7,,~/44~~~/ Ranald H. Jarrell City Attorney (City Seal) r" 1 2 3 4 5 6 7 8 9 10 11 12 ..I ..I 13 w 0:: 0:: 14 <( -, <ll"'O Oil) ..J"~ 15 " I: III .. " lU<(t~O) u C :J tI) 0) 16 _ m < - lLui.,:-JcD ~ 0:: III..... o 1IJ III ... 17 ~~~~~ .J3:~o- 18 o :r . ~ U Zl'lZ 0 .. t- 19 III Z <( 0:: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 i I II ( r r ( LEASE THIS AGREEMENT, made the~dJ day of L/) {/:U/i-{- ~l 1980, by and between the CITY OF SEWARD, a municipal .' corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as the "City", and NORTHERN STEVEDORING AND HANDLING CORPORATION, hereinafter referred to as "Lessee", WIT N E SSE T H: ---------- That in consideration of the mutual covenants herein contained, the parties hereby agree as follows: 1. PROPERTY DESCRIPTION. The City hereby leases to Lessee the following-described real property and improvements placed thereon prior to January 1, 1970, located in the City of Seward, Third Judicial District, State of Alaska: All of Tracts 3 and 4, City of Seward Waterfront Tracts, as shown on the survey of same prepared by Hewett V. Lounsbury and Associates, dated September 1, 1969, and presently filed with the City of Seward City Clerk. 2. TERM. The term of this lease is twenty (20) years, commencing with the first day of January, 1980, and extending to and including the last day of December, 1999. 3. RENT. Lessee will pay to the City a rent of TWENTY-FOUR THOUSAND DOLLARS ($24,000.00) per year. The rent shall be paid annually in advance, and shall be due not later than the 1st day of February for that year. Rent payments shall be made at the office of the City Clerk, City of Seward, or such other place as the City in writing may designate. 4. RENTAL ADJUSTMENT (a) The annual rental set forth in the preceding numbered paragraph shall be adjusted and become effective on each fifth anniversary date of this agreement. The adjusted -1- 1 2 3 4 5 6 7 8 9 10 11 12 .J 13 .J 1LI 0:: 0:: 14 <l: ., cll"O o "' ...Jot: 15 tIlJ:IaI<("IIt IlI<l:!:"lll UO::JUllll 16 _ III <I: - lLui.,:.Jo lL 0:: b1 C(,.... o 1LI III . N 17 ~~~~r: <l <l: III ~ g J=::.:o- 18 .25 Z"Z o <I: I- 19 l/) z <l: 0:: 20 0 21 22 23 24 25 26 27 28 29 30 31 32 r , ( annual rental shall be the annual rental amount for each of the five years following the effective date of that particular rental adjustment. (b) Not less than ninety (90) days before the anniversary date of the agreement at which time a rental adjustment is to be made City shall employ at its own expense an independent MIA certified appraiser to determine the fair rental value of the premises; such determination shall not take into account the capital improvements to the premises constructed by Lessee after January 1, 1970, but shall take into account only the premises exclusive of such improvements. (c) Not less than sixty (60) days before the effective date of a rental adjustment City shall notify Lessee of the amount of the rental adjustment and shall furnish Lessee a copy of the appraiser's written appraisal report. Failure of City to meet the deadline for engaging the appraiser and notifying Lessee of-the rental adjustment shall not prevent the rental adjustment from becoming effective on the prescribed anniversary date. (d) If Lessee does not object to the rental adjustment, that rental adjustment shall apply. If Lessee objects to the amount of the rental adjustment, it must give City written notice of objection on or before the effective date of the adjustment. Lessee shall then engage a second independent MIA certified appraiser at its own expense to make a second appraisal of the fair rental value of the premises. However, City shall have the right in its absolute discretion to disapprove of Lessee's selection of the second appraiser; Lessee shall not engage a second appraiser to which City has made written objection within ten (10) days after receipt of Lessee's notice of intent to engage such second appraiser. (e) Lessee's objection to the rental adjustment -2- r" 1 2 3 4 5 6 7 8 9 10 11 12 .J 13 .J III a: a: 14 <( ... ell ,,0 o OJ ..J"~ 15 ..:I:"'<t" "'<(~I<'" 00 Ul'" 16 - !D <t. ... iL cO ...J.o lLr:r:tce,... o III '" . N 17 ~~~~S <( 0:'" J;:.:o- 18 .0 i3 ZOiz o <t 19 ?- m Z <( 20 a: u 21 22 23 24 25 26 27 28 29 30 31 32 r ( and engagement of a second appraiser shall not postpone Lessee's obligation to pay the annual rental as described in City's notice of rental adjustment based on the first appraisal. City shall deposit into a separate trust account the amount of rental increase as fixed by the first appraisal until the question of rental adjustment is finally resolved. (f) If the second appraisal reflects a fair rental value which varies from the first appraisal by no more than ten percent (10%), then the rental adjustment as set forth in City's notice of rental adjustment shall be the adjusted rental for the 5-year period. However, if the second appraisal reflects a fair rental value which varies from the first appraisal by more than ten percent (10%), then the rental adjustment for the 5-year period shall be the numerical average of the two appraisals, which shall be determined by adding the two annual rental amounts from the two appraisals and dividing the sum thereof by the number two. 5. IMPROV~IENTS. (a) Any improvements to the property shall be removed by the Lessee, at Lessee's expense, at the time of the termination of this lease. However, upon request by Lessee, the City may allow such improvements to remain on the property at the termination of the lease, in which case all title and interest in such improvements shall pass to the City without obligating the City to compensate Lessee in any way for them. Any and all improvements to the property may be made without prior Council approval. (b) Prior to the issuance of a building permit for any improvements, Lessee shall furnish the City with a copy of a Contract Bond covering one hundred percent (100%) performance and one hundred percent (100%) payment of labor and materials, in which the City is named as co-insured, in such -3- r 1 2 3 4 5 6 7 8 9 10 11 12 -I 13 -I w 0: 0: 14 <t ... cll"O o III J" : 15 .. ~ ~ < .. III _ ~ m U C "Ill en 16 - .. m c:( -; II. Ul .= -' .. li. 0: III < f'oo Ow", . N 17 ~~~~S < <t"",en .J~l/O- 18 oJ: . _ U Z"z o < I- 19 Ul z <t 0: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 ,. I r form as is acceptable to the City, which will save the City free and harmless from and indemnify it against all claims for performance and/or labor or materials furnished in connection with the construction of improvements on the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. 6. UTILITIES, TAXES AND LICENSES. In addition to the rent, the Lessee shall pay before delinquency all charges levied against the property, including utility bills and special assessments for public improvements; all license and excise fees, and occupation taxes covering the business conducted on the premises; all taxes on property of the Lessee on the leased premises and any taxes on the leasehold interest created by this lease agreement; and suffer no lien or other encumbrance to attach to the property and remain thereon which might adversely affect the interest of the City. 7. LIENS. Lessee will not permit any mechanip 's, laborer's or materialmen's liens to stand against the leased premises or improvements for any labor or material furnished to Lessee or to Lessee's agents, contractors, or sublessees, in connection with work performed or claimed to have been performed on said premises or improvements by or at the direction or sufference of Lessee, provided, however, Lessee shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Lessee shall give to the City reasonable security as may be demanded .by the City to insure payment thereof and prevent any sale, foreclosure or forfeiture of the premises or improvements by reason of such non-payment. Such security need not exceed one and one-half times the amount of such lien or claimed lien. Such security may be accomplished by filing a lien release bond. On final determination of such lien or such -4- r~~ I 1 I 2 3 4 5 6 7 8 9 10 11 12 iJ 13 u ~ ~ 14 ,.., - i<ls~o 0" ~~:~ 15 t :ll 0'1 ~ III '" 16 ~~j~ f- <t " ~ . N 11 ~w_ ~f-~" m <t 0 '" '" ~ 0- 18 o J: gd ~ Z <t ~ 19 ~ 20 21 22 23 24 25 26 27 28 29 30 31 32 r r I ..- claim for lien, Lessee will immediately pay any judgment rendered with all property costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. It is expressly agreed, however, that Lessee shall not be required to pay, discharge, or remove any tax (including penalties and interest), assessment, tax lien, forfeiture or other imposition or charge upon or against such premises, or any part thereof, or the improvements at any time situated thereon, so long as Lessee shall in good faith contest the same or the validity thereof by appropriate legal proceedings, and shall give to Lessor prompt notice in writing of such contest at least ten (10) days before any delinquency occurs, and said legal proceedings shall operate to prevent the collection of the tax, assessment, forfeiture, lien or imposition so contested, and/or the sale of said premises, or any part thereof, to satisfy the same, and that pending any such legal proceedings Lessor shall not have the right to pay, remove or discharge the tax, assessment, forfeiture, lien or imposition thereby contested, provided Lessee shall, prior to the date such tax or imposition is due and payable, have given such reasonable security as may be demanded from time to time by Lessor to insure such payments and prevent any sale or forfeiture of the lease premises by reason of such non-payment, not to exceed one and one-half times the amount of such tax, assessment, forfeiture or lien, and all penalties and interest thereon. In the event of any such contest, Lessee promises and agrees, within five (5) days after the final determination thereof adversely to Lessee, to fully pay and discharge the amounts involved in or affected by such contest, together with any penalties, fines, interest, costs and expenses that may have accrued thereon or that may result from any such action by -5- 1 2 3 4 5 6 7 8 9 10 11 12 ..J 13 ..J lJJ a: a: 14 et .., ca"O o Ul ..Jot: 15 ":Chi,,.. hlet!:,,"' uO:l",o> 16 _ .. en < -; 1Lt/).:-'''' "-a: hi"" o lJJ hi ." 17 ~~~~~ · et " 0: 0> .I;:~o- 18 oJ: . ~ u Z "z 0 " f- 19 t/) z et a: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 (' ..... Lessee. Any proceeding or proceedings for contesting the validity or amount of taxes, assessments, or other public charges, or to recover back any tax, assessment or other imposition paid by Lessee, may be brought by Lessee in the name of the City or in the name of Lessee, or both, as Lessee may deem advisable; however, if any such proceeding be brought by Lessee, Lessee shall indemnify and save harmless the City against any and all loss, cost or expense of any kind that may be imposed upon Lessor in connection therewith. 8. ASSUMPTION OF LIABILITY AND INDEMNITY. Lessee agrees that it will indemnify and save the City harmless from any and all liability, damage, expense, lawsuits, claims or judgments arising from injury to person or property on the leased premises, which arise out of the act, failure to act, or negligence of any person other than the City or its lawfully acting agent. Lessee agrees to assume the defense, and pay the costs thereof and any judgment which may be entered, of any action which may be brought" against the City because of Lessee's operation. 9. INSURANCE. Lessee agrees to maintain proper { -1-- leased property~ -(. liability insurance in (IV - Ll,e Fotlrt:h A-v'cnuc Doalt I regard to-both the with a reputable insurance company or companies satisfactory to the City, in the minimum limits of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) (per person) and THREE HUNDRED THOUSAND DOLLARS ($300,000.00) (per accident or occurrence) for bodily injury and death, and in the minimum limit of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for property damage, and thereafter in such increased amounts as the parties may from time to time mutually agree upon, to indemnify the City and Lessee against any such liability or expense. The City shall be named as one of the insured, and -6- r ;"..:w.'_'_';.4;,,",:.~~ .,'. .......,..... ...,"'-,:-""->......"'~._'M_.......___. ~'.>_""',,_ _..~_ 1 2 3 4 5 6 7 8 9 10 11 12 ...I 13 ...I W n: n: 14 <t ., ~~o o "' -I"t~ 15 CD J: 111 <( -: Iilc{t~m o 0 j lJ1 m 16 - UJ c:[ - lL_ en t-= ...I cD tL ~ W <( r-- Ow", . '" 17 ~~~~~ <t 0:'" J3:lI:O- 18 .0 i5 Z;;z o <: I- 19 Ul z <t 20 n: u 21 22 23 24 25 26 27 28 29 30 31 32 ._..>_.,.___~.._,.~,i.........,,;,,;;,~ ...',*,," ~"","':".'''',;.',;.'''''''~,,,,,-,,----......,...... ~~, _.,~ .:... \, \, shall be furnished with a copy of such policy or policies of insurance or appropriate certificate of such insurance and coverage. 10. REMOVAL OF IMPROVEMENTS. The parties agree that any above-ground installations or improvements now existing or hereafter placed on the leased premises by Lessee shall be and remain the property of Lessee, and that upon the termination of this lease for any cause the Lessee shall have the right to remove any such surface installations or improvements at any time prior to ninety (90) days after such termination; PROVIDED, HOWEVER, that after removal of any such installations or equipment, the City may require that the Lessee return the premises to its condition before such installation or improvements; PROVIDED, FURTHER, that if such above-ground installations or improvements shall not be removed on or before the expiration of. said 90-day period, the City, at its option, may either retain the said installations and improvements, or may remove, sell or destroy the same at the expense of the Lessee, and the Lessee hereby agrees to pay the reasonable net expense so incurred by the City. All underground installations shall remain the property of the City upon termination of this lease for any cause; PROVIDED, HOWEVER, that the Lessee, with the prior written consent of the City, may sell any and all of the installations and improvements belonging or constructed by the Lessee, to any assignee or sublessee to whom this lease may be assigned or sublet in accordance with the provisions of paragraph 3 above, and paragraph 17, following; PROVIDED, FURTHER, that no such sale and assignment or sublease shall be allowed for the purpose of curing or obviating any willful breach of lease covenants by said Lessee, -7- r 1 2 3 4 5 6 7 8 9 10 11 12 .J 13 .J W n: n: 14 <l: ., cll"O a"' .J.g: 15 fD :I: ld <c v w <l: t: l< (ll U C :J en en 16 _ .. CD <(-; IL Ul ~ .Jel> lL a: 1&1 <( f"- a w w . N 17 ~~~~~ .( <( III 0:: en .J~~o- 18 .2 G z..z 0 <C f- 19 Ul z <l: n: 20 U 21 22 23 24 25 26 27 28 29 30 31 32 l \. nor shall any such sale and assignment or sublease operate to extend the termination date of this lease or any extension thereof as hereinafter set forth. 11. TERMINATION - RIGHTS OF MORTGAGE. If Lessee at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity, or before any administrative tribunal, which have or might have the effect of preventing Lessee from complying with the terms of this lease) shall (a) fail to make payment of any installment of rent or of any other sum herein specified to be paid by Lessee, or (b) fail to observe or perform any of Lessee's other covenants, agreements or obligations hereunder, and if any such default shall not be cured as to (a) within sixty (60) days after such failure to make payment, or within fifteen (15) days after notice thereof, whichever is less, or as to (b) within sixty (60) days after the City shall have given to Lessee written notice specifying such default or defaults, Lessee shall not have commenced to cure such default and proceed diligently to cure the same, or if Lessee, finally and without further possibility of appeal or review: a. If adjudicated a bankrupt or insolvent, or b. has a receiver appointed for all or substantially all of its business or assets on the ground of Lessee's insolvency, or c. has a trustee appointed for it after a petition has been filed for Lessee's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose, or if Lessee shall make an assignment for the benefit of its creditors, then in any such event, the City shall have the right to its election, then or at any time thereafter, while such default or defaults shall continue, to give Lessee notice of the City's intention to terminate this letting and all -8- r~'- 1 2 3 4 5 6 7 8 9 10 11 12 .J 13 .J I1J n:: n:: 14 <( ., ctl~O 0'" -IV~ 15 (J1 I: IIJ "it Iw<(!:~m ! U 0 ::l III Ol 16 - _ to <C ";' ~tI)~_JC. b. 0:: w ct: r-. OlJJl&Jw~ 17 ~ ~ ~ n 0( <( lD ll: Ol J3="O- 18 o :r . ~ u Z"Z 0 '" ~ 19 tI) z <( n:: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 r /~. Lessee's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this letter and all rights granted Lessee hereunder shall come to an end as fully as if such date were the year of the whole term hereinabove specified, and Lessee here covenants peaceably and quietly to yield up and surrender to the City said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Lessor such instrument or instruments as shall be required by Lessor, as will properly evidence termination of Lessee's rights hereunder or its interest therein. In the event of termination of this letting as in this paragraph provided, the City shall have the right to repossess the leased premises and such structures, buildings, improvements and equipment, either without process of law or through any form of suit or proceedings~ as well as the right to sue for such termination, including damages arising out of any breach on the part of Lessee. The City shall also have the right without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. For the purpose of interim or permanent financing of the construction of improvements upon the leased premises and for no other purpose, Lessee shall have the right to encumber by mortgage, deed of trust or other appropriate instrument, Lessee's interest in the leased premises and in and to this lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in Lessor's interest in or title to the lease premises. If Lessee shall mortgage this leasehold in accordance with the foregoing provisions, Lessor agrees that so long as -9- r__ 1 2 3 4 5 6 7 8 9 10 11 12 .J .J 13 W II: II: 14 <l: .., cll"O o Ul ...J.g: 15 I)~~<('" Id _ ~ 0) u C :J en en 16 _ . en < -; ... III ~ .J co II. n:: l&J c(.... OWl>! . N 17 ~!:i~~~ <(<l:Ul~g .J?;:to- 18 oJ: ;i-v .. Z o <( I- 19 III z <l: II: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 _..,,--- "'_.............,---~-~~.........~""'--_.---_........ ( any such leasehold mortgage shall remain unsatisfied of record, and written notice of such leasehold mortgage is given to Lessor, the following provisions shall apply: (a) Except as provided in (b) hereof, there shall be no cancellation, surrender, acceptance of surrender, or modification of this lease, nor a merger of the fee and leaseholder estates, without the prior consent in writing of the leaseholder mortgagee; (b) The City shall, upon serving upon Lessee any notices of default, or any other notice under the provisions of or with respect to this Lease, simultaneously serve a copy of such notice upon the, holder of such leaseholder mortgage and no notice of such default shall be deemed to have been duly given unless and until a copy thereof has been so served upon the leasehold mortgagee. The leasehold mortgagee shall thereupon have ten (10) days more time than is given to Lessee to remedy or cause to be remedied the defaults complained of, and Lessor shall accept such performance by or at the instigation of such leasehold mortgagee as if the same had been done by Lessee; (c) Anything herein contained notwithstanding, while such leasehold mortgage remains unsatisfied of record, if any event or events of default shall occur, which under any provision of the lease shall ~ntitle the City to terminate this lease, and if before the expiration of ten (10) days of the date of service of said termination notice, such leasehold mortgagee shall have paid to the City all rent and additional rent and other payments herein provided for, and then in default, and shall have complied or shall engage in the work of complying with all of the other requirements of the lease, if any, which are then in default, then in such event the City shall not be entitled to terminate this lease and any notice of termination theretofore given shall be void and of no effect. -10- ~-----C:="'"-.,. 1 2 3 4 5 6 7 8 9 10 11 12 .J .J 13 L1J 0:: 0:: 14 ct -. 4l"O o Ul ..J'f~ 15 i ~1 'J: 111 <( 'It I'" ct t '" '" 10 0 ~ !Jl '" 16 1_ . U) < "'; IlL (J)": -I tD "'o::",<r- o L1J '" .... 17 I~ ~ ~ ~ ~ ,~ ct In '" '" ,.I ::: ~ 0 ~ 18 . ~ D Z"z o < .... 19 1Il z ct 0: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 \ 12. CONDEMNATION. In the event the lease premises or any part thereof, shall be condemned and taken for a public or a quasi-public use, then upon payment of any award of compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances regardless of any technical rule of law. If Lessor and Lessee are unable to agree within thirty (30) days after such an award has been paid into court upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 13. SUBSIDENCE. That the City will not be responsible for any washout, subsidence, avulsion, settling or reliction to the leased premises, not for any injury caused thereby to the property of the Lessee or any sublessee,or that of any other person. The City is not obligated to replace, refill or improve any part of the leased premises during Lessee's occupancy, in the event of such washout, subsidence, avulsion, settling or reliction. 14. NOTICES,. That all notices hereunder may be delivered or mailed, if mailed, they shall be sent by certified or registered mail to the following respective addresses: To City: City Manager City of Seward Post Office Box Seward, Alaska 337 99664 To Lessee: Northern Stevedoring & Handling Corporation Post Office Box 497 Seward, Alaska, 99664 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed, and the postmark affixed by the United States Post -11- r 1 2 3 4 5 6 7 8 9 10 11 12 .J 13 .J w 0:: 0:: 14 ~ ... cll"'O o It! ..J't~ 15 II) 1: laI <C ~ .. ~!: >l (ll o C :> It! (ll 16 _ . Gl <( "; lLm.,:..JfD b. 0::.. <(.- Ow.. . N 17 ~~E~~ '" (ll .J~lI:O- 18 o :r . - u Z"Z o <( I- 19 UI z ~ 0:: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 I ,.' Office shall be conclusive evidence of the date of mailing. 15. CITY'S RIGHT OF ENTRY. The City reserves the right to enter upon any portion of the property subject to this lease, during reasonable hours, for any purpose. 16. CITY'S REMEDIES. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given in this lease or available under the law. 17. SUBLEASE AND ASSIGNMENT. The Lessee may sublet or grant license for use of portions of the property for marine-oriented purposes without approval of the City. The lease may not be assigned without prior written approval of the City Council, but such written approval shall not be unreasonably withheld. 18. OPTIONS AND EXTENSIONS. There are no renewal options extending tQ Lessee under this lease, but by inaction of the parties, the lease shall be deemed to continue from year to year. This lease will not terminate until notice in writing is given by either party to the other, not later than six months prior to the expiration of the lease term or any yearly extension thereof. 19. MODIFICATION OF EARLIER LEASE. This agreement modifies the agreement dated June 11, 1970. The terms of the June 11, 1970 agreement may be used as an aid in interpreting this agreement and determining its purposes. To the extent that this agreement or any part of it is invalid, the corresponding agreement of June 11, 1970, or part thereof, shall remain the agreement of the parties. 20. SUCCESSION OF INTEREST. This lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns as fully and to the -12- r"" 1 2 3 4 5 6 7 8 9 10 11 12 ..J 13 ..J III D: D: 14 <l: ., ell ,,0 0" ..J"~ 15 w J: '" '" " '" <l: t '" 01 00 :J <II 01 16 - . a) 0:( ";' tL U) - -I co b. D: ~ '" " o III '" . '" 17 ~~~~~ ;:~o- 18 .0 a I Z OJ z o '" I- 19 III Z <l: 20 D: u 21 22 23 24 25 26 27 28 29 30 31 32 ,r' " same extent as though specifically mentioned in such instance, and that all covenants, stipulations and agreements in this' lease shall extend to and be binding upon any assignee or sublessee of the Lessee. IN WITNESS WHEREOF, the parties hereto have executed this document by their duly authorized officials on the day hereinabove first mentioned. NORTHERN STE6EDORING AND HANDL~t 'O~PORAT\ON By rtJ L~ y,c-.r Presi ent By ~~_A?I rlQ~J..,^-{Jf Ranald H. Jarrell, - City Attorney STATE OF ALASKA ) ) SSe THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ,...:} 1:iJ:. day of \=\L(..L\\- , 1980, before me, the undersigned, a Notary Public~in and for the State of Alaska duly commissioned and sworn as such, personally appeared r~IO,(",MZ t:: \\t',h'1S;"r-- . and '-.\..:k\'Ir<L f-. .,".:'\0'.\<1'1 to me known to be the C1ty Manager and City Clerk, respec- tively. of the City of Seward, Alaska, and they acknowledge to me that the foregoing instrument was executed by them in their official corporate municipal capacities, and that each executed the same pursuant to the authorization of the common Council of the City of Seward, Alaska, that the same was executed as the free and voluntary act and deed of the municipal corporation for the uses and purposes therein mentioned, and each on oath stated themselves to be authorized by said municipal corporation to execute the foregoing instrument, and that the seal affixed hereto is the corporate seal of said municipality. , . . / I WITNESS my hand and notarial seal the day and year first above written. -13- ! 1 2 3 4 5 6 7 8 9 10 11 12 ..J 13 ..J W a: a: 14 <( ..., ell 1'0 o on -I.,:: 15 .. ~ ~..: " III _ ~ C) uO:l,"Gl 16 - .. In c( -; k.lIlt=.JCD k.a:",..:r- Ow", . N 17 ~~t~~ 0: Gl .J:=xo- 18 .25 Zl'l;Z o ..: f- 19 III Z <( a: 20 u 21 22 23 24 25 26 27 28 29 30 31 32 _.w__"'_ __"_~__''''''''-- ....__,_.___ _.._~._.. .___._._ "_ _ ~..~__ . '- \.. STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) ';\1 Si- THIS IS TO CERTIFY that on this C:::-' - day of \-\-lL\Yl5,\ - , before me, the undersigned, a Notary Public in and fot the State of Alaska duly commissioned and sworn as such, personally appeared CeLl", :s.v\",,(',I~-{r',______ and , to me known to be the/Pt.esident -and \..-~l of NORTHERN STEVEDORING AND HANDLING CORPORATION, and the~ acknowledged to me that fhe~ signed the same on behalf of said corporation, authorized to do so, and that said instrument was signed freely and voluntarily for the uses and purposes therein stated. WITNESS my hand and notarial seal the day and year first above written. -14-