HomeMy WebLinkAboutRes1986-079
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sptltored by:
Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 86-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE ASSIGNMENT OF LEASE
OF CITY PROPERTY FROM HOMES UNLIMITED, INC., TO
HAROLD W. JOHNSON
WHEREAS, Homes Unlimited, Inc., is the lessor of a
portion of City-owned property described as an unsurveyed
portion of Block 8, Oceanview Subdivision (site of the
former Park Service Headquarters) located at 1215 Fourth
Avenue, Seward, Alaska; and
WHEREAS, Harold W. Johnson, sole owner of Homes Unlim-
ited, Inc., has requested that this lease be assigned from
his corporation to himself personally; and
WHEREAS, all terms and conditions of the original lease
will continue in force;
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 a "Consent of Lessor to Assignment" of City Lease
No. RE-013, from Homes Unlimited, Inc., to Harold W.
Johnson, a copy of which is attached and incorporated herein
by reference.
Section 2. This resolution shall take effect immedi-
ately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this 25th day of August
19 86
THE CITY OF SEWARD, ALASKA
C-~
GIESELER, MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
BOOHER, GIESELER, GILLESPIE, HILTON & SIMUTIS
NONE
MEEHAN & SCHOLL
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 86-79
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
(City
1NAl. rrI ~
Fred B. Arvidson
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ASSIGNMENT OF LEASE
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THIS AGREEMENT, made and entered into between HOMES
UNLIMITED, INC., PO Box 70543, Seattle, Washington, 98107-
0543, hereinafter called the ASSIGNOR, and HAROLD W. JOHNSON,
4420 14th Avenue N.~'i'., PO Box 70543, Seattle, Washington,
98107-0543, hereinafter called the ASSIGNEE;
WHEREAS, by lease dated January 1, 1968, and recorded in
Book 46-R, beginning at Page 275, Seward Recording District,
Third Judicial District, State of Alaska, made between the
City of Seward and Alaska Marine and Equipment, Inc., as an
unsurveyed portion of Block 8, Oceanview Subdivision, City of
Seward, Alaska, containing 20,589 square feet more or less,
was leased to Alaska Marine and Equipment, Inc., for thirty
(30) years from January 1, 1968, and subject to the cove-
nants, conditions and stipulations therein contained; and
WHEREAS, by Assignment of Lease dated October 19, 1971,
Alaska Marine and Equipment, Inc., assigned all of its right,
title and interest in said lease to Homes Unlimited, Inc.;
WITNESSETH, that in consideration of the sum of ONE AND
NO /1 0 OTHS DOLLARS ($1. 00) AND OTHER VALUABLE CONS IDERATION
paid by the Assignee 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 con-
tained.
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ASSIGNMENT OF LEASE - HOMES UNLIMITED TO JOHNSON
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 Assignors and to keep indemnified the Assignor against
all actions, claims and demands whatsoever in respect to the
said rents,
conditions and stipulations, or
covenants,
anything relating thereto.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the dates indicated below.
ASSIGNOR:
ASSIGNEE
HOMES UNLIMITED, INC.
By: Harold W. Johnson
President
Harold W. Johnson
DATE:
DATE:
STATE OF
ss.
On this day of , 19 , before me,
the undersigned, a Notary Public in and for said State,
personally appeared ,
known to me to be the individual who executed the foregoing
instrument, and who acknowledged to me that he executed the
same of his free and voluntary act and deed, with full
authority so to do and with full knowledge of its contents,
for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year written above.
NOTARY PUBLIC
My Commission expires
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ASSIGNMENT OF LEASE - HOMES UNLIMITED TO JOHNSON
STATE OF
ss.
On this day of , 19 , before
me, the undersigned Notary Public in and for said State,
personally appeared , known to me
to be the individual who executed the foregoing instrument
and who acknowledged to me that he executed the same as his
free and voluntary act and deed, with full authority so to do
and with full knowledge of its contents, for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year written above.
NOTARY PUBLIC
My Commission Expires ____
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CONSENT OF LESSOR TO ASSIGNMENT
THE CITY OF SEWARD, ALASKA, hereby consents to the above
assignment, provided that the covenant in the Lease against
Assignment shall remain in full force.
, 19
day of
DATED this
CITY OF SEWARD, ALASKA
By:
RONALD A. GARZINI
CITY MANAGER
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
On this day of , 19 , before
me, the undersigned Notary Public in and for said State,
personally appeared RONALD A. GARZINI, City Manager of the
City of Seward, Alaska, known to me to be the individual who
executed the foregoing instrument on behalf of the City of
Seward and who acknowledged to me that he executed the same
as his free and voluntary act and deed, with full authority
to so do and with full knowledge of its contents, for the
uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year written above.
NOTARY PUBLIC
My Commission Expires