HomeMy WebLinkAboutRes1990-091
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, CONSENTING TO THE ASSIGNMENT
OF LEASE INTEREST OF DALE B. CLEMENS TO THE
ESTATE OF DALE B. CLEMENS
WHEREAS, Dale B. Clemens and Joan Clemens are the lessees of
city Lease RE-008 (Lot 2, Block 1, Marina Subdivision) and RE-009
(Lot 1, Block 1, Marina Subdivision); and
WHEREAS, Dale B. Clemens is now deceased, and Joan L. Clemens
has been appointed the Personal Representative of the Estate of
Dale B. Clemens;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The assignment of lease interest of Dale B. Clemens
in City Leases RE-008 and RE-009, copies of which are attached and
incorporated herein by reference, to the Estate of Dale B. Clemens
is hereby approved, and the City Manager is authorized to execute
said assignments on behalf of the city of Seward.
Section 2. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 13th day of August, 1990.
THE CITY OF SEWARD, ALASKA
CM-:;:t~~ C~
1-. am C. Noll, Mayor .
AYES:
NOES:
ABSENT:
ABSTAIN:
NOLL, BURGESS, DUNHAM, HILTON, MEEHAN, SIEMINSKI, SIMUTIS
NONE
NONE
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-091
ATTEST:
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(City Seal)
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APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7~ N! ~
Fred B. Arv~dson
City Attorney
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'.0. lOX '67
SEWARD, ALASkA 99664
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. Main Office (907) 224-3331
. Police (907) 224-3338
. Harbor (907) 224-3138
. fire (907) 224-3445
. Telecopier (907) 224-3H8
CITY OF SEWARD
ASSIGNMENT OF LEASE
RE-009 LOT 1 BLOCK 1 MARINA SUBDIVISION
WHEREAS, by lease dated June 1, 1968, and recorded in book 6,
beginning at page 40, Seward Recording District, Third Judicial
District, State of Alaska, made between the City of Seward and
Keith L. Knighten and Dorothy Knighten, the premises described as
Lot 1, Block 1, Marina Subdivision, City of Seward, Alaska,
containing 10,857 square feet more or less, were leased for thirty
(30) years from the 1st day of June, 1968, and subject to the
covenants, conditions and stipulations therein.
WHEREAS, by Assignment of Lea.e dated April 7, 1974 recorded
in Book 6 beginning at Page 52 Seward Recording District, Third
Judicial District, State of Alaska, said lease was assigned from
Keith L. Knighten and Dorothy Knighten to Dale B. Clemens and Joan
L. Clemens subject to the original lease covenants, conditions and
stipulations.
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WHEREAS, by Lease Agreement dated September 29, 1977 and
recorded in Book 14 at Page 975, said lease area was expanded to a
total of 12,425 SF in accordance with Plat 76-1, both recorded in
the Seward Recording District, Third Judicial District, state of
Alaska.
THIS AGREEMENT, made and entered into between DALI B.CLBKD8
AJII) JOB L. CLJDlD8, of P.O. BOX 1345, Seward, Alaska 99664
hereinafter called the AS8IGlfOR and JOB L. CLJDlD8 and HI 18TATI
OJ' DALI B. CLBllD8 of P.O. BOX 1345, Seward, Alaska 99664
hereinafter called the AS8IG".i
WITNESSETH, that in consideration for valuable consideration
paid by the A.signee to the Assignor, receipt whereof is hereby
acknowledged, the Assignor assigns to the Assignee the premises
described in said lease for the unexpired term of said lease,
SUbject to the payment of rents and performances of the covenants,
conditions and stipulations therein.
The Assignee covenants during the continuance of said term to
pay the rents reserved and to perform the covenants, conditions,
and stipulations in said lease to be performed by the Assignor and
to keep indemnified the Assignor against all actions, claims, and
demands whatsoever in respect to the said rents, covenants,
conditions, and stipulations, or anything relating thereto.
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PAGE TWO
RE-009 ASSIGN
IN WITNESS WHEREOF, the partie. hereto have set their hands
and seal. on the dat.. indicated.
ASSIGNOR:
ASSIGNEE:
DALE B. CLEMENS, by JOAN L. CLEMENS
personal representative of the
Estate of Dale Byrd Clemens
Date:
ESTATE OF DALE BYRD CLEMENS
by JOAN L. CLEMENS, personal
representative
Date:
JOAN L. ('''LEMENS
JOAN L. CLEMENS
Date:
Date:
CONSENT OF LESSOR TO ASSIGNMENT
The City of Seward hereby consents to the above assignment,
provided that the covenants, conditions, stipUlations in the Lease
and all amena-ents thereto shall remain in full force.
DATED this
day of
, 1990.
THE CITY OF SEWARD, ALASKA
DARRYL SCHAEFERMEYER
CITY MANAGER
'.0. 101167
SEWARD. ALASKA '19664
.
. Main Office (907) 224-3331
. Police (907) 224-3338
. Harbor (907) 224-3138
. Fire (907) 224-3445
. Telecopier (907) 224-3248
CITY OF SEWARD
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ASSIGNMENT OF LEASE
RE-008 LOT 2 BLOCK 1 MARINA SUBDIVISION
WHEREAS, by lease dated February 10, 1969 and recorded in book
47R, beqinninq at paqe 357, Seward Recordinq District, Third
Judicial District, State of Alaska, made between the City of Seward
and Emory G. Sample and Frieda o. Sample, the premises described
as Lot 2, Block 1, Marina Subdivision, City of Seward, Alaska,
containinq 11,600 square feet more or less, were leased for thirty
(30) years from the 1st day of June, 1968, and subject to the
covenants, conditions and stipulations therein.
WHEREAS, by Assiqnment of Lease dated May 8, 1972 and recorded
in Book 52R beqinninq at paqe 170 Seward Recordinq District, Third
Judicial District, State of Alaska, said lease was assigned from
Emory G. Sample and Freda O. Sample to Daniel A. Smith and Ruth M.
Smith subject to the oriqina1 lease covenants, conditions and
stipulation..
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WHEREAS, by Assiqnment of Lease dated September 1, 1979 and
recorded in Book 19 beqinninq at paqe 310 Seward Recordinq
District, Third Judicial District, State of Alaska, said lease was
assiqned from Daniel A. Smith and Ruth M. Smith to Pete Mineo
subject to the oriqinal lease covenants, conditions and
stipulations.
WHEREAS, by Assiqnment of Lease dated May 7, 1980 and
previously unrecorded, said lease was assigned from Pete Mineo to
Dale and Joan Cle.ens, husband and wife, and Mark Cle.ens subject
to the oriqinal lease covenants, condition. and stipulations.
THIS AGREEMENT, made and entered into between DAL. B.CLDD8,
JOAII L. CL..... UD IIUJt CL....., of P.O. BOX 1345, Seward, Alaska
99664 hereinafter called the AI.IGMOa and JOAII L. CL....., MARK
CL..... aDd '1'Im UTAT. O. DAL. B. CL..... of P.O. BOX 1345,
Seward, Alaska 99664 hereinafter called the AI.IG...;
WITNESSETH, that in consideration for valuable consideration
paid by the Assiqnee to the Assiqnor, receipt whereof is hereby
acknowledqed, the Assignor assigns to the Assignee the pre.ises
described in said lease for the unexpired term of said lease,
subject to the payment of rents and performance. of the covenants,
conditions and stipulations therein.
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PAGE TWO
RE-008 ASSIGN
The Assignee covenants during the continuance of said term to
pay the rents reserved and to perform the covenants, conditions,
and stipulations in said lease to be performed by the Assignor and
to keep indemnified the Assignor against all actions, claims, and
demands whatsoever in respect to the said rents, covenants,
conditions, and stipulations, or anything relating thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the dates indicated.
ASSIGNOR:
ASSIGNEE:
ESTATE OF DALE BYRD CLEMENS
by JOAN L. CLEMENS,
personal representative
DALE B. CLEMENS, by JOAN L. CLEMENS
personal representative of the
Estate of Dale Byrd Clemens
Date:
Date:
JOAN L. CLEMENS
JOAN L. CLEMENS
Date:
Date:
MARK CLEMENS
MARK CLEMENS
Date:
Date:
CONSENT OF LESSOR TO ASSIGNMENT
The City of Seward hereby consents to the above assignment,
provided that the covenant., condition., stipulations in the Lease
and all ..endaent. thereto shall re..in in full force.
DATED thia
day of
, 1990.
THE CITY OF SEWARD, ALASKA
DARRYL SCHAEFERMEYER
CITY MANAGER