HomeMy WebLinkAboutRes1990-117
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Sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 1
TO LEASE RE-060 FOR EXPANSION OF BOARDWALK
LEASE SITE NO. 7
WHEREAS, the city has leased land to Ray and Leslie Simutis
for the development and operation of a waterfront restaurant; and
WHEREAS, the lessees have requested an addition of 2,000
square feet, more or less, to their lease site for the purpose of
expanding their restaurant complex out over the harbor shoreline;
and
WHEREAS, the proposed expansion is in keeping with the city's
Small Boat Harbor development goals; and
WHEREAS, the city finds it to be in the public interest to
waive appraisal of the subject property;
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
Lease Amendment No. 1 (attached and incorporated herein by
reference) to RE-060.
Section 2. This resolution shall take effect thirty (30) days
after its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 24th day of September, 1990.
THE CITY OF SEWARD, ALASKA
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~ll~am C. Noll, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
NOLL, BURGESS, DUNHAM, HILTON, KRASNANSKY, MEEHAN
SIEMINSKI
NONE
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-117
ATTEST:
(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7~ I1.l ~
Fred B. Arvidson
City Attorney
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LBASB AXBIIDXBIIT
NOTICE IS HEREBY GIVEN That the Lease (recorded by Lease
Memorandum, Book 49, Page 196) between the CITY OF SEWARD, ALASKA,
a home rule municipal corporation, located within the Kenai
peninsula Borough, State of Alaska, herein called the LESSOR, and
RAY and LESLIE SIMUTIS, P.O. Box 1750, Seward, Alaska, herein
called the LESSEE, is hereby amended as follows:
DELETE ARTICLE I. DEMISE. on Page 5, and substitute in its stead
the following:
ARTICLE I. DEMISE. city leases to Lessee, and Lessee
leases from City that certain real property herein called "Leased
Land," situated in Seward, Alaska, consisting of approximately
7,500 square feet, as described in Exhibit "A" attached hereto and
incorporated by reference.
Between the first and second sentences of the first paragraph,
section 2., under ARTICLE VI.RENT., on Page 7, add the following.
....per square foot per year. "The rental rate determined bv
appraisal in 1990 shall apply for the period September 15. 1992
through June 30. 1995. Subseauent five (5) vear appraisal periods
shall beain Julv 1. 1995." Not less than ninety........
In all other respect the Lease is to remain unchanged and in
full force between the undersigned.
IN WITNESS WHEREOF, the parties hereto have respectively
signed this amendment on the day of , 1990.
LESSOR:
LESSEE:
BY:
DARRYL SCHAEFERMEYER
CITY MANAGER
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PAGE TWO
060 LEASE AMEND
ATTEST:
APPROVED AS TO FORM:
Perkins coie, Attorneys for the
City of Seward, Alaska
7..-4 ~~
Fred B. Arv dson
city Attorney
LINDA S. MURPHY, CMC/AEE
City Clerk
(City Seal)
STATE OF ALASKA )
) SSe
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on day of J' ~.~
1990, before me, the undersign ic in ~r the State
of Alaska, personally appeare ~, known
to me and to me known to be the 1 1V1dual(s) named 1n and who executed
the foregoing document, and he(they) acknowledged to me that he (they)
signed and sealed the same as his (their) free and voluntary act for
the uses and purposes therein set forth.
WITNESS my hand and notarial seal the day and year first
hereinabove written.
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CITY OF SEWARD, ALASKA
RESOLUTION NO.
LEGAL DESCRIPTION OP BOARDWALK LEASE BITE NO. 7
All that real property situate in the City of Seward, Kenai
Peninsula Borough, State of Alaska, being more particularly
described as follows:
COMXEHCING at the centerline monument located at the
intersection of South Harbor Access (South Harbor street) and
Fourth Avenue as shown on that certain plat of Marina
SUbdivision, recorded as Plat 76-1, Seward Recording District,
Seward, Alaska; THENCE along the centerline of Fourth Avenue as
shown on said plat, N 000 00' 15" W, 460.43 feet; THENCE at a
right angle to said centerline, N 890 59' 45" E, .00 feet to
the TRUE POINT OF BEGINNING; -
Complete after a. built confiraed
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tXHIBIT A SHEET 1
LEASE RE-060
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PLAT TO ACCOMPANY DESCRIPTION OF
BOARDWALK SITE 110. 7
City of Seward, Alaska Sept. 1987
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Box 228, Seward, Alaska 99664 -
439 5th Ave (Cor, 5th & MadIson)
Phone 907-224-3026
Job No, 1130-87