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HomeMy WebLinkAboutRes1983-007 01/25/83 KM:lm . . . e e CITY OF SEWARD, ALASKA RESOLUTION NO. 2J-7 A RESOLUTION OF THE SEWARD CITY COUNCIL PROVIDING FOR THE DISPOSAL OF TRACT 2 OF THE SEWARD WATERFRONT TRACTS AND AUTHORIZING THE CITY MANAGER TO NEGOTIAT~ THE LEASE THEREON WHEREAS, the City of Seward is the owner of that certain real property located within the City of Seward known as Tract 2 of the Seward Waterfront Tracts, Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the City Council hereby finds that the property has not previously been dedicated to any public use or public purpose; and WHEREAS, for many years the City of Seward has been encouraging industrial business to locate in Seward in order to create employment op- portunities and stimulate the economy; and WHEREAS, the City has received a proposal by Mr. Albert Kawabe of Seward, Alaska to construct and operate a fish processing equipment repair and maintenance facility which is the type of business that will encourage and aid in the development of trade and commerce through Seward as well as aid in the development of the emerging bottomfish industry; and WHEREAS, the City Council hereby finds that it is not in the public interest to dispose of the property by means of public offering or sale and that it is in the public interest to dispose of such property by lease through negotiation with Mr. Albert Kawabe; and WHEREAS, under the terms of the lease the City is to receive at least fair market rental value of the property; and WHEREAS, pursuant to notice as required by the Seward City Code, public hearings on the proposed disposal and lease were held on December 13, 1982 and January 10, 1983; and WHEREAS, in accordance with Section 2-83 of the City Code, the City Attorney has endorsed the lease agreement; and WHEREAS, no adverse comments to the proposed lease have been received from the public and the City Council remains convinced that it is in the public's interest to lease certain lands to Mr. Albert Kawabe; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Alaska, that: . . . e - CITY OF SEWARD, ALASKA RESOLUTION NO. 83-7 Page 2 of 2 Section 1. In accordance with Section 12.3(b) of the City Charter this resolution shall be on file in the office of the City Clerk for thirty (30) days and shall be posted in accordance with Section 2-84 of the City Code. Section 2. Upon the expiration of thirty days as set forth in Section 1 above, this resolution shall become automatically effective and the City Manager is instructed to execute that certain lease agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, leasing the lands described therein to Mr. Albert Kawabe. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 31 day of January , 1983. c~. ALASKA . Gin 10na1d W. Cripps Mayor AYES: NOES: ABSENT: ABSTAIN: Meehan, O'Brien, Swartz, Wilson, Cripps None Gillespie, Burgess None ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, AK " %1 r?I~ Fred B. Arvidson City Attorney (City Seal) ~ ~.1 ~ \ ,; j " ~ ~ t' ,; ,) i , I- I , ~ -, f~ H\JGHES THORSN.ESS GANTZ POWELL'" BRUNI)IN ATTOl'llNcv. A.T l..o\W IOt.UT TMlRO AVEMU! ANCHORAGE. AI{ 991501 (9071214.1522 LEASE AGREEMENT This Agreement made and entered into this tU day of :fwHC , 19~, by and between the CITY Of SEWARD, a first class municipal corporation located in the Kenai Peninsula Borough, State of Alaska, heceinafter referred to as "City" and ALBERT KAWABE, hereinafter referred to as "LESSEE." WIT N E SSE T H: WHEREAS, City and Lessee are mutually interested in the development of marine related facilities along the waterfront of the City of Seward, Alaska; and WHEREAS, Lessee has demonstrated to City an intention to develop and build a fish processing equipment maintenance, repa ir, and sales facility to serve the people of Seward; and WHEREAS, The City has received a proposal from Lessee for development of City owned land; and WHEREAS, City, as expressed more fully in City Council Resolution~, 19~, has determined that Lessee's intentions and general development plans coincide with the public interest of the City and will provide increased tax revenues to the City and rental income; and WHEREAS, City and Lessee have reached agreement on the land City is to lease to Lessee, the general terms and conditions of such a lease. fOR AND IN CONSIDERATION OF THE RENTS, COVENANTS, AND CONDITIONS HEREIN CONTAINED, CITY AND LESSEE AGREE AS FOLLOWS: ARTICLE I. DEMISE. City leases to Lessee, and Lessee leases from the City that certain real property herein called "Leased Land," situated in Seward, Alaska, consisting of approxi- mately 0.95 acres, as shown on Exhibit "A" attached hereto and as more particularly described as follows: -1- .r '7':' 7 ..., ~s., , v .....j---r . . ~ .~ ,-1 ~ A ~:; ~ , '-' ,1 " ~~ I, " ti HUGHES THORSNESS GANTZ POWEI.l.4BffIJNarN ATTORNlI:YiI AT LAW SOl WUT THlllD "VtlIIlE ANCHORAGE. Ale 99501 u~on 214_1522 Tract 2, City of Seward Waterfront Tracts, excepting therefrom approximately the North thirty-five (35) feet of the East one hundred and twenty-five (125) feet thereof (more precisely shown on Exhibit "A" hereto). ARTICLE II. CITY'S WARRANTY OF QUIET ENJOYMENT. Lessee, upon paying the rent and other charges herein provided for and observing and keeping the covenants, conditions and terms of this Lease on Lessee's part to be kept or performed, shall peacefully and quietly enjoy possession of the Leased Land du~ing the term of this Lease without hindrance by, from or through City, subject, however, to any encumbrances created or caused by Lessee. ARTICLE II r. LEASED LAND ACCEPTED "AS IS." Lessee acknowledges that he has inspected the Leased Land and accepts the same "as is" and without reliance on any representations or warranties of City, or agents of City, as to the physical condi- tion thereof, except as expressly herein provided. Lessee at his sole cost and expense shall have the right to raze, tear down or remove any buildings, structures or improvements presently situ- ated on the Leased Land. All funds and proceeds, if any, obtained by Lessee from the disposition of such buildings, structures or improvements may be retained by Lessee. Lessee is aware of the easements as shown on the attached Exhibit "A" and agrees to lease the property subject thereto. ARTICLE IV. USE OF LEASED LAND. (al Lessee may use the Leased Land for the con- struction and operation of a fish processing equipment mainten- ance, repair, and sales facility. Lessee understands that construction and operation of such a facility is a major consid- eration for City's agreement to lease the Leased Land. Lessee agrees that he will not operate any other business on the Leased -2- .' (j ~ Ii: 4 ;I " "' ~ '.! ~ M ~j -I . '" " . ,. I:~ " " ti . HUGHES THOR$NESS GANTZ POWELL6BRUNDlN ATTORNEYS AT LAW 10' WEST THI~ll""VEIlU[ ANCHORAGE. AI( 99501 (9071274_7522 Land without the consent of City, and City may withhold its con- sent if Lessee has not constructed and commenced operation of a substantial fish processing equipment maintenance, repair, and sales facility. Moreover, City may withhold its consent as to any proposed business or activity which, in City's sole discre- tion, is not desirable or compatible with the City's waterfront d!:"ea. (b) No assignment or sublease shall be permitted unless approved in writing by the City. Any sublease shall be expressly subject and subordinate to this lease and the rights of the City hereunder. The City may elect to not approve any proposed assignment or sublease which may serve to impair the continued operation of a fish processing equipment maintenance, repair, and sales facility on the Leased Land, or result in a business or activity which, in the City's sole discretion, is not desirable or compatible with the City's waterfront area. ARTICLE V. LEASE TERM. 1. Commencement and Expiration. The term of this Lease shall be five (5) years, commencing on :\UN Ii I I'IS!. , end i ng l"\M 31 I~S'2> I 2. Riqht to Extend. Lessee may extend the lease term for not more than five (5) further consecutive terms of five (5) years each upon the same terms and conditions as herein provided by giving the City notice in writing of intention to do so at any time, but in no event later than six (6) months prior to the expiration of the then current lease term. The option of Lessee to extend the lease term hereunder for the subsequent five-year periods shall be exercisable only if the option to extend the lease term for the immediately preceding five-year period has been exercised. 3. Holdover If Lessee shall hold over after the expi- ration of the lease term, such tenancy shall be from month to month on all the terms, covenants and conditions of this Lease. -3- and . ~, .' " ~ 'I " ~ Ii ~ ~: -. :1 . ,. f' f~ 11 i-~ HUGHES THORSNfS5 GANTZ POWELLaBRU NOIN "TTOANr1S "T LAW to, WUT TKII!JI AVE:IHlE: ANCHORAGE. All: 19501 (9071 Z74.7S22 4w Surrender of possessionw (a) Subject to the provisions of Article XI below with respect to restoration of buildings and improvements, upon expiration of the lease term, whether by lapse of time or otherwise, Lessee shall promptly and peacefully surrender the Leased Land. (b) Upon the expiration of the lease term or any sooner termination of this Lease, Lessee agrees to execute, acknowledge and deliver to City a proper instrument in writ- ing, releasing and quit-claiming to the City all right, title and interest of Lessee in and to the Leased Land and all improvements thereto not removed by Lessee as provided herein. ARTICLE VI. RENT. The rental for the Leased Land shall be determined and paid as follows: 1. Any and all annual rental due under this Lease shall be paid in advance upon commencement of this Lease in yearly installments on or before commencement of this tease and on or before January 1 of each succeeding year. 2. The rental shall be determined as follows: Not less than ninety (90) days after the beginning of this Lease and at least ninety (90) days prior to the expiration of every other lease year after City, at its own expense, shall employ an independent MAl certified appraiser to determine the fair market value rental of the Leased Land exclusive of Lessee's improvements at the highest and best use of the Leased Land and without consideration to Lessee's intended use of the land unless that use is coincidentally the highest and best use of the land. Within forty-five (45) days after receipt of any such appraisal, City shall provide Lessee a copy of the -4- . .' ': l '4 'J i' t, !:; " ~ ~ ~1 ~ j . ~ " '"l t' . HUGHES THOR$NESS GANTZ POWELLaBRUNDIN ATTORNEY_ AT LAW '0. WEST TIlIRII AV;:NlIE ANCHORAGE. AI( 91150 1 (9071 274.7JSH appraiseL's written appraisal report. If Lessee does not object in writing to that appraisal within ten (10) days, the stated rental rate determined by such appraisal shall apply for the next succeeding two lease years. The rental rate shall thus be adjusted every two lease years, commenc- ing with the lease year that begins on January, 1985, and every other year thereafter. If Lessee gives City written notice of objection to the appraised rental rate within ten (10) days of receipt of the appraisal conclusion, Lessee shall then engage a second independent MAl certified appraiser at his sole expense to make an appraisal of the fair market rental value of the Leased Land at its highest and best use exclusive of Lessee's improvements. Lessee shall furnish City a copy of the second appraisal report within ten (10) days of its receipt by Lessee. If the second appraisal reflects a fair market rental value which varies from the first appraisal by no more than twenty percent (20%), then the new rental rate shall be the average of the first and second appraisal con- c lus ions. If the second appraisal reflects a fair market value which varies from the first appraisal by more than twenty percent (20%), then, unless City and Lessee agree on a rate among themselves, the new rental rate shall be deter- mined in accordance with the arbitration provisions con- tained in Article XV. Lessee's objection to the rental rate and engage- ment of a second appraiser shall not postpone Lessee's obli- gation to pay the annual rental as described in City's notice of rental rate based on the first appraisal. Lessee shall pay City the amount of rental rate as fixed by the -5- ." " " 4 1 i ,I " ~ :J " ..' .! , ,- " f " 'I . )1 HUGHES THOR5NESS GANnPowELLIlBRUND1N ATTORNrvS AT f..AW !l0' WUTTlORDAYENUE ANCHORAGE. A" 99501 (90712.74.7522 ,-- first appraisal until the question of rental adjustment is finally resolved, at which time an appropriate adjustment will be made if needed. 3. Rental Deposit. simultaneously with the execution of this Lease, the Lessee has deposited with the City the sum of $1,093.00, receipt of which is hereby acknowledged by the City to be applied by the City against the rents due hereunder. 4. Additional Rent and City's Riqht to Cure Lessee's Defaults. All costs and expenses which Lessee assumes or agrees to pay pursuant to this Lease Or to any mortgage or other encum- brance upon the Leased Land or Lessee's leasehold interest shall at city's election be treated as additional rent and, in the event of nonpayment, City shall have all rights and remedies herein provided for in the case of nonpayment of rent or of a breach of condition. If Lessee shall default in making any pay- ment required to be made by Lessee, or shall default in perform- ing any term, covenant or condition of this Lease or of any such mortgage or other encumbrance on the part of Lessee to be per- formed which shall involve the expenditure of money by Lessee, City at City's option may, but shall not be obligated to, make such payment or, on behalf of Lessee, expend such sum as may be necessary to perform and fulfill such term, covenant or condi- tion, and any and all sums so expended by the City with interest thereon at the maximum rate under the laws of the State of Alaska from the date of such expenditure until repaid, shall be (and shall be deemed to be) additional rent and shall be repaid by Lessee to the City, on demand, but no such payment or expenditure by the City shall be deemed a waiver of Lessee's default nor shall it affect any other remedy of the City by reason of such default. -6- .~ "i ti ., 1 !J N ~l ., . _I. U '1 ~~ . ," HUGHES THORSNtsS GANnPoWELLaBRuNOIN ATTOIINn/j AT U.w 80. W!ST TII'RD I\.Vl~Ul ANCllORAGE. AK 99501 ('07) 274.711Z2. ARTICLE VII. TAXES AND ASSESSMENTS. 1. Lessee to Pay Taxes. Lessee agrees to pay prior to delinquency and directly to the taxing authorities in which the Leased Land is located all real property taxes (plus all personal property taxes on personalty situate on the Leased Land and placed thereon by Lessee or under Lessee's authority), sales taxes, or other business or use taxes levied or assessed upon or against the Leased Land or any improvements thereon or Lessee's business during the lease term. Lessee agrees to indemnify and hold City harmless from liability for any other tax, charge, or assessment of any kind or nature. Lessee shall, within sixty (60) days after any such tax assessment or other charge constituting a lien on the Leased Land shall become due and payable, produce and exhibit to City satisfactory evidence of payment. 2. Lessee to Pay Assessments. Lessee, during the lease term, agrees to pay directly to the public authorities charged with collection thereof any and all assessments levied on the Leased Land for a part of or all of the cost of any public work or improvement assessed according to benefit found by the levying authority to accrue therefrom to the Leased Land, including any charges for anti-pollution, environmental, ecological or any other public purposes. If an option is given to pay such assess- mentIs) in installments, Lessee may elect to pay the same in installments, and in such case Lessee shall be liable only for such installments as shall accrue during the lease term. 3. Proration of Taxes and Assessments. If Lessee's obligation to pay taxes or assessments commences or ends during a tax year, such obligation shall be appropriately prorated with City bearing the remaining cost (or its pro rate share) thereof. 4. Contest. Lessee shall have the right to contest or review any tax, assessment, levy, fee, water or sewer charges or -7- .: n 1I .' " .4 " , ,I " '!.-, H -; <, , . I': , t :1 I, . HUGHES THORSNESS GANnPoWELLaBRUNOIN ATTOIlNnS AT LAW 501 wtST THI!l.D AVEHUE ANCHORAGE. AIi: 9950 I (907) 274_7522 rents, or any other governmental charges which Lessee is obli- gated to pay. Such proceedings shall, if instituted, be conducted promptly at Lesseels own expense and free from all expense to City. Before instituting any such proceedings, Lessee shall pay under protest such tax, assessment, levy, fee, water or sewer rents or charges or any other governmental charges, or shall furnish to City a surety company bond in a company acceptable to City, or other security reasonably satisfactory to City, suffi- cient to cover the amount of the contested item or items with interest for the period which such proceedings may be reasonably expected to take and costs securing the payment of such contested item or items and all interest and costs in connection therewith when finally determined. Notwithstanding the furnishing of any such bond or security, Lessee shall pay all such items at least twenty (20) days before the time when the Leased Land or any part thereof might be forfeited. The legal proceedings herein referred to shall include appropriate certiorari proceedings and appeals from any orders and judgments therein, but all such proceedings shall be begun as soon as reasonably possible after the imposi- tion or assessment of any contested items and shall be prosecuted to final adjudication with reasonable dispatch. In the event of any reduction, cancellation or discharge, Lessee shall pay the amount that shall be finally levied or assessed against the Leased Land or adjudicated to be due and payable and, if there shall be any refund payable by the governmental authority with respect thereto, Lessee shall be entitled to receive and retain the same subject, however, to apportionment as provided in Para- graph 3 above during the first and last years of the lease term. City at City's option may, but shall not be obligated to, contest or review by legal proceedings or in such other manner as may be legal and at City.s own expense any tax, assessment, levy, fee, -8- .' ~ \' I J ~ j ~ " " j ,~ ~; ;- -' ,j ~~ " " " .: HUGHES Tl10ltSNESS GANTZ POWELLlI:BRUNDlN ATTORNltV. AT LAW JO'WESYTH1RDAViIl.UJ[ ANCHORAGE. AK 99!iOI (9071 a74.7!lZZ water or sewer rents or charges, or any other governmental charge aforementioned, which shall not be contested or reviewed as afo~esaid, and unless Lessee shall p~omptly join in such contest o~ ~eview and pay all costs the~ein. the City shall be entitled to ~eceive and ~etain any ~efund payable by the gove~nmental autho~ity with ~espect the~eof. 5. Lessee to Pay Utility Cha~ges. Lessee shall pay o~ cause to be paid all charges for water, heat, gas, electricity, sewers, and any and all other utilities used upon tne Leased Land throughout the lease term, including any connection fees. ARTICLE VIII. CONSTRUCTION BY LESSEE. 1. Lessee's Right to Build -- Gene~al Conditions. Lessee shall have the ~ight at any time and f~om time to time during the lease term to erect, maintain, alter, remodel, recon- st~uct, ~ebuild and ~eplace building(s) and othe~ improvement(s) on the Leased Land. subject to the following conditions: (a) The cost of any construction, reconstruction, demolition, or of any change, alteration or improvements, shall be bo~ne and paid fo~ by Lessee. (b) The Leased Land shall at all times be kept f~ee of mechanic's, materialments, and any other liens, as here- inafte~ mo~e specifically p~ovided. (c) Any building cont~acto~s employed by Lessee or its sublessees shall be app~op~iately bonded fo~ one hund~ed pe~cent of the cont~act amount(s) by use of pe~formance and labo~ and mate~ial payment bonds in the customa~y form when cost of the wo~k is ove~ SlO,OOO.OO. Copies of all such bonds shall be fu~nished to the City p~io~ to commencement of construction. (d) Lessee, upon commencement of permissible build- ing or const~uction activities on the Leased Land, shall -9- . ~ ).-~ ~ , ~ ~ I ,1 . s-:~ . HUGHES THORSNESS GANTZ POWELLIilBRUNt)IN ATTORNIrYS AT LAW eo. WUT THIRD O\VENUE ANCHORAGE. AK 9950 I (907) Z74.7522 continue such activities through to completion with dili- gence and continuity. 2. Lessee's Ownership of Trade Fixtures, Machinery and Equipment. It is expressly understood and agreed that any and all trade fixtures, machinery and equipment of whatsoever nature at any time constructed, placed or maintained upon any part of the Leased Land by Lessee shall be and remain the property of Lessee or its tenants as their interests may appear and may be removed or replaced at any time during the lease term, provided Lessee or its tenants repair any and all damage to the Leased Land resulting from such removal or replacement. 3. Lessee's Riqht to Remove Improvements and Ownership Thereof. Lessee shall have the right to remove any buildings or improvements constructed or placed upon the Leased Land by Lessee, prior to the expiration of the Lease. Any buildings. or improvements not removed prior to expiration of the Lease shall become the property of City without the payment of any compensa- tion to Lessee. ARTICLE IX. LIENS. 1. Prohibition of Liens on Fee or Leasehold Interest. Lessee shall not suffer or permit any liens to be filed against the fee of the Leased Land nor against Lessee's leasehold inter- est in the Leased Land nor against any buildings or improvements on the Leased Land by reason of any work, labor, services or materials supplied or claimed to have been supplied to Lessee or anyone holding the Leased Land or any part thereof through or under Lessee~ 2. Removal of Liens by Lessee. If any lien shall be recorded against the Leased Land, or any improvements thereof, Lessee shall cause the same to be removedt or, in the alterna- tive, if Lessee in good faith desires to contest the same, Lessee -10- '1 ') ,~ !l J .'\ ~ " 11 ~ B ~~ ~; ,J . U t: . ..;:,j'\ . _,', H, ~ HUGHt5 THORSNESS GANTZ POWELL&BRUND'N ATTO!l:lNIltVS "T lJI,W eO'WUTTHIRI),t,VlMUl ANCHORAGE. AK 9&!lDI (9071274.752.1 shall be privileged to do so, but in such case Lessee hereby agrees to provide a surety bond from a surety licensed to do business in Alaska in a penal sum equal to one and one-half times the amount of the claim of lien, which bond shall guarantee the payment of the sum which the lien claimant has claimed, together with the lien claimant's reasonable cost of suit in the action. Lessee further agrees to indemnify, defend, and save the City harmless from all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure upon said lien, cause the same to be discharged and removed prior to the execu- tion of such judgment. 3. Notice of Non-Responsibility. The City may, as contemplated by Alaska Statutes 34.35.065 (as now enacted or hereinafter amended) give notice of non-responsibility for any irnp~ovements constructed or made by Lessee on the Leased Land. ARTICLE X. INDEMNITY. 1. Indemnity. Except for claims arising out of acts caused by the negligence of the City or its representatives, Lessee agrees to protect, indemnify, defend and save harmless the City from and against any and all liability arising from acts or omissions of any nature whatsoever of Lessee's officers, ser- vants, employees, contractors, tenants, agents or invitees causing injury to or death of persons or loss of or damage to property during the Lease Term, and from any expense incident to defense of and by the City therefrom. If any action or proceed- ing is brought against the City by reason of any such occur- rences, the City shall notify Lessee in writing of such action or proceeding, whereupon Lessee at Lessee's expense may elect to resist or defend such action or proceeding by counsel approved in writing by the City, such approval not to be withheld unreason- ably. -11- .'~ .' 'j ~ .1 , I :1 ~ a " ,l . " "j (: -' HUGHES THORSNESS GANT'ZPOW(lLItBRUNOIN "TTORNEYS "T LAW ,OtWUTTHIRlI A.Y~KUE ANCHORAGE, AK 99501 (90112.74.1522 .' ARTICLE XI. INSURANCE AND RESTORATION. 1. Liability Insurance. Lessee, during the Lease Term, shall carry at its expense public liability insurance covering the Leased Land in an amount of not less than $2,000,000 for injury or death to anyone person and $5,000,000 for injury and/or death to any number of persons in anyone accident, and $1,000,000 for property damage or destruction. The minimum requirements in this section may be increased from time to time by the City in accordance with customs and usage for comparable property in the Seward metropolitan area. 2. Fire and Extended CoveraQe Insurance. Lessee, during the Lease Term, shall keep all buildings and improvements insured at its expense against loss or damage by fire and such other risks as may be included in the customary form of broad form extended coverage (which may exclude earthquakes), in an amount, over and above any deductibles in the governing policies, of not less than the unpaid balance(s) due under any existing deed(s) of trust or mortgagees) encumbering the buildings or improvements or the City's fee. 3. Earthquake Insurance. (a) Lessee, during the Lease Term, shall keep all buildings and improvements insured at its expense against loss or damage by earthquake in an amount, over and above any deductibles in the governing policies, of not less than the unpaid balance(s) due under any existing deed(s) of trust or mortgage(s) encumbering the buildings or improve- ments or the City's fee. 4. Blanket Insurance. Lessee may provide any insur- ance required by this Lease in the form of a blanket policy, provided Lessee furnishes evidence satisfactory to the City indi- eating the coverage thereunder is at least equal to the coverage obtainable under a separate policy covering the Leased Land only. -12- . !" ~~ ~ 'I ~ A ., l~ ~ ,~ i, ,I . f; ~ f~ f .: HUGHES THORSNESS GANTZ POW.ELLaBRUf./DIN ATTORNI(YIl AT LAW 101 WUT THIRP AV[NU[ ANCHORAGE. Ale 99501 (907) 174.7521 5. Additional Named Insured; Rights of Mortgagees (Lenders); Waiver of Subroqation. All insurance policies required to be maintained by Lessee shall name Lessee and the City as the insureds, as thei~ respective interests may appear. All policies shall contain an agreement by the insurers that such policies shall not be cancelled without at least thirty days' prior written notice to the City, and certificates or copies of all such insurance policies shall be furnished to the City promptly after the issuance thereof. 6. Restoration of Buildinqs and Improvements. In the event of damage to or destruction of any of the buildings or improvements situated on the Leased Land, then from the insurance proceeds payable to Lessee, Lessee shall within ninety (90) days after payment of the insurance proceeds commence restoration of the buildings and improvements to their condition prior to such damage, provided, however, Lessee's Obligation to restore will be limited to the insurance proceeds available to Lessee. All such insurance proceeds shall be deposited and held in trust with such bank having offices in Seward and/or Anchorage, Alaska, as Lessee may designate or with Lessee's mortgagee of the damaged property, and shall be made available to Lessee for its use in restoration or repair, as the case may be, of any damage or destruction to the buildings and improvements on the Leased Land. The proceeds of insurance shall be paid out by such trustee or mortgagee from time to time on certification of the person having supervision of the work that the amount certified is being applied to the pay- rnent of the reasonable cost of such work. ARTICLE XII. CARE OF LEASED LAND, ACCESS OF THE CITY. 1. Care of Leased Land. Lessee at its own cost and expense shall keep the entire Leased Land and all buildings and improvements which at any time may be situated thereon in good, clean and tidy condition and repair during the Lease Term. -13- . 'i J ~ " .;i '. r; c' ~ ~ ;" " . . I. t t; .. " . HUGHES THORSNESS GANTZ POWELL.' BlI.u NDIN Jl,TTOI'Ufl!Yl!I AT LAW 50,WUllHI/tDAVflll.lf ANCHORAGE. AI( 9950 I (901) l74.1!!1U 2. Other Access Riqhts of the City. The City and its agents or representatives shall have the right to enter into and upon the Leased Land during reasonable hours for the purpose of inspecting the Leased Land and all buildings and improvements thereon. 3. Avoidance of Prescriptive Riqhts. Lessee shall take such action as may be necessary to preserve the City's title and ownership of the Leased Land free and clear of any public or private rights of way, easements or other inte~ests acquired by prescriptive use or otherwise than as permitted under this tease, including but not limited to the posting of thoroughfares, walk- ways and parking areas so as to preserve the right of private ownership therein and prevent any adverse rights thereto accruing through prescriptive use or otherwise than as permitted here- under. ARTICLE XIII. COMPLIANCE WITH LAWS. 1. Compliance with Laws. Lessee shall comply with all applicable laws, ordinances and regulations of duly constituted public authorities now or hereafter in any manner affecting the Leased Land or any buildings, structures or improvements situate thereon, whether or not any such laws, ordinances or regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee further agrees it will not permit any unlawful occupation, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto. 2. Contest. Lessee may by appropriate proceedings conducted at Lesseels own expense, contest in good faith the validity or enforcement of any law, ordinance or regulation, -14- .~ t~ 1; , ~: ~ ~ 1 'i , ;1 " '1 ~ 1 ~; .1 i . I. I' 1;;' f o l~ ~-1 ...' , ..';" HUGHES TIolORSNESS GANTZPOWElLilIBRUNOIN ATTORNEYS AT LAw 501 WUT THIRD AVEIlUE ANCHORAGE, AK 991501 (9071274.752.2, provided Lessee diligently pursues such contest to a final deter- mination by a court, department or governmental authority or body having jurisdiction thereof; provided that if the City may become liable in any manner Eor damages, penalties, fines or costs by reason of Lessee's failure to comply with any such law, ordinance or regulation during Lessee's contest thereof, then, as a condi- tion precedent to the commencement and continuation of such pro- ceedings, Lessee shall furnish the City such bond with corporate surety as the City shall reasonably request to save harmless and indemnify the City against liability for any such damages, pen- alties, fines or costs. At the option of the City, it may at its expense contest the validity or enforcement of any such law, ordinance or regulation. ARTICLE XIV. EMINENT DOMAIN. 1. Interest of Parties in Condemnation. In the event the Leased Land or any part thereof shall be taken for public purposes by condemnation as a result of any action or proceeding in eminent domain, or shall be transferred in lieu of condem- nation to any authority entitled to exercise the power of eminent domain, the interests of the City and Lessee in the award of consideration for such transfer and the effect of the taking or transfer upon this Lease shall be as provided by law. In the event the extent of the taking makes impractica- ble the continued operation of the fish processing equipment maintenance, repair, and sales facility, upon written notifica- tion by Lessee this lease and all of the right, title and inter- est thereunder of Lessee shall cease on the date title to such Land so taken or transferred vests in the condemning authority. 2. Partial Taking--Continuation of Lease. (al Effect on Continuation of Lease. In the event the taking or transfer of a part of the Leased Land leaves -15- .., Il ~ )\} j ~ j ~; " ~ 3 ~J , . ,: " " t~ :~_,: ~':l HUGHES THORSNESS GAN.TZ POwELLaBRuNolN ATTORNIltYS AT LAW ,O,WUTTHIRDAVEtlUl; ANCHORAGE. Ate: US01 (901)2U.752.2 the remainder of the Leased Land in such location and in such form, shape or size, or so accessible as to be effec- tively and practicably usable in the opinion of the Lessee and the City for the purpose of operation thereon of Lessee's business, this Lease shall terminate and end as to the portion of the Leased Land so taken or transferred as of the date title to such portion vests in the condemning authority and the condemning authority enters into posses- sian but shall continue in full force and effect as to the portion of the Leased Land not so taken or transferred. ARTICLE XV. ARBITRATION. Any controversy or claim arising out of or relating to this Lease, or the breach thereof, shall be settled by arbitra- tion in accordance with the Uniform Arbitration Act of Alaska, and judgment upon the award may be entered in any court having jurisdiction thereof. Any arbitration proceedings hereunder shall be held before a panel of three arbitrators in the City of Seward, Alaska, or with the consent of both parties in Anchorage, Alaska. ARTICLE XVI. DEFAULT AND REMEDIES. 1. Default and Termination. (a) If the rent or any other charge shall be in arrears for a period of thirty (30) days, or (bl If Lessee fails to take reasonable steps to keep and perform any of the covenants or conditions of this Lease within thirty (30) days after written notice of default, or (c) If Lessee files a voluntary petition in bank- ruptcy or for reorganization under the bankruptcy laws or is adjudged a bankrupt by a court of competent jur- isdiction, or -16- . . . !l ~ t: ,1 ~ "i ;i " ~~ ~ iJ :'1 ., ., ~J HUGHES THORSNl;;SS GANnPOWELL,BRUNOIN ATtORNItYS AT Ul.W $01 WEST T1tlRD "'lIlNUE ANCHORAGE. AI( 19501 (807) 274-7!122 (d) If Lessee makes an assignment for the benefit ot its creditors, or (e) If a receiver is appointed by a court of com- patent jurisdiction Eor Lessee's business and it be established in the receivership proceedings that Lessee is insolvent, or (f) If the leasehold interest hereunder is aban- doned by Lessee, then City may at City's option at once without further notice to Lessee or any other person, terminate this Lease. Upon terrnina- ticn of this Lease as aforesaid, or at the expiration of this Lease and upon the termination of said Lease by its terms, ~essee shall at once surrender possession of the Leased Land to the City and remove all Lessee's effects therefrom and may remove all "Lessee's buildings and other improvements, and Lessee shall have no further rights hereunder or with respect to the Leased Land. If such possession be not immediately surrendered, the City may forthwith enter into and upon and repossess the Leased Land and expel Lessee or those claiming under Lessee without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and in such event Lessee expressly waives the service of notice of any intention so to terminate this Lease or to retake the Leased Land and waives service of any demand for payment of rent or for possession and for any and every other notice or demand prescribed by any law and hereby waives any claim for damages by reason of such repossession. 2. Reletting. At any time or from time to time after any such expiration or termination, the City may relet the Leased Land, or any part thereof, and any unleased buildings and improvements, for such term or terms (which may be greater or -17- . ~ .~ ,1 , ~ ~ A .., ~; 'I -t . " ", " i, '1 i t .' HUGHES THORSNESS GANTZ POWELLaBRUNDIN "'TTOFlN~. AT LAW 501 WE$T TlU It II AVENUE ANCHORAGE. Ale. 99!S01 (907) 27.4.7522 ..........", less than the period which would otherwise have constituted the balance of the term of this Leaase) and on such conditions (which may include concessions or free rents) as the City, in its dis- cretion, may determine and may collect and receive the rents therefor. The City shall in no way be responsible or liable for any failure to relet the Leased land, or any part thereof, or for any failure to collect any rent due upon any such reletting. 3. No such expiration or termination of this Damages. Lease shall relieve Lessee of its liability and obligations under this Lease, and such liability and obligations shall survive any such expiration or termination. In the event of any such expi- ration or termination, whether or not the Leased Land, or any part thereof, shall have been relet, Lessee shall pay to the City the net rent and all other charges required to be paid by Lessee up to the time of such expiration or termination of this Lease, and thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration or termina- tion, shall be liable to the City for, and shall pay to the City, as and for liquidated and agreed current damages for Lessee's default, (a) the equivalent of the amount of the rent and charges which would be payable under this Lease by Lessee if this Lease were still in effect, less (b) the net proceeds received by the City from leasing or reletting the Leased Land and improvements there- on after deducting all of City's expenses in connection with such leasing and reletting, including, without limitation, all repossession costs, brokerage commissions, legal ex- penses, reasonable attorneys' fees, alteration costs, and expenses of preparation for such reletting. -18- . ,. J i fi ~ ~ ~~ t; ';I I ., . I' i! 1 .' ~ ~! '. HUGHES THORSNESS GANTZ POWELL.! BRUNOIN ATTORNEYS AT LAW 50IWUTTHIRI),lVENUI ANCHORAGE. AK ,g!j;OI (90ll Z14.7IlS2Z Lessee shall pay such current damages (herein called "defi- ciency") to the Ci ty monthly, and the City shall be entitled to recover from Lessee each monthly deficiency as the same shall arise. At any time after any such expiration or termination, whether or not the City shall have collected any monthly defi- ciencies as aforesaid, the City shall be entitled to recove~ from Lessee, and Lessee shall pay to the City, on demand, as and for liquidated and agreed final damages for Lessee's default, an amount equal to the difference between all rent reserved here- under for the unexpired portion of the Lease Term and the then fair and reasonable net rental value to the City of the Leased Land for the same period. In the computation of such damages, the difference between an installment of rent becoming due here- under after the date of termination and the fair and reasonable rental value to the City of the Leased Land for the period for which such installment was payable shall be discounted to the date of termination at the rate of six percent per annum. If the Leased Land, or any part thereof, be leased or relet by the City for the unexpired portion of the Lease Term, or any part thereof, before presentation of proof of such liquidated damages to any court, commission or tribunal, the amount of rent reserved upon such leasing or reletting shall be prima facie evidence of the fair and reasonable rental value for the part or the whole of the premises so leased or relet during the term of the leasing or reletting. Nothing herein contained shall limit or prejudice the right of the City to prove and obtain as liquidated damages by reason of such termination an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which such damages are to be proved, whether or not such amount be greater, equal to, or less than, the amount of the difference referred to above. -19- ~ '1 ! HUGHES THQRSNE55 GANTZ POWELLaBRUND1N ATTOI'lNkYS AT l...AW ,O'WUTTHIIl.DA.\f'UlU ANCHORAGE. AI( 995()1 (907) 174.1521 4. Accumulation of Remedies. Each right and remedy of the City provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exer- cise by the City of anyone or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the City of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 5. Appointment of Receiver. Upon the commencement of any suit or action by the City against Lessee pursuant to any remedy available to the City upon Lessee's default hereunder or at any time thereafter and during the pendency of such suit or action, any court of competent jurisdiction upon the application of the City may at once and without notice to Lessee, its succes- sors or assigns, or any person or persons or tenant or tenants or mortgagee or person claiming any security interest through Lessee, appoint a receiver to collect the rents and profits arising out of the Leased Land, the buildings and improvements thereon and the subleases pertaining thereto and apply such rents and profits to the payment and satisfaction of Lessee's obliga- tions under this Lease, including without limitation the payment of the rent due the City hereunder, first deducting all proper charges and expenses attending the execution of such trusts, and to have any balance remaining held by such receiver for disposi- tion in accordance with any judgment Or decree entered therein or as may be from time to time directed by said court. ARTICLE XVII. GENERAL PROVISIONS. 1. Estoppel Certificates. Either party shall at any time and from time to time, upon not less than thirty days' prior -20- . ~.1 ,~ :T " ;\ ., , '1 ~ ~ t~ ", , . .;.!. ~ l: t-i . HUGHES THORSNESS GANTZ POW.Eua8RllNDIN ATTORNEYS AT L.AW SOl WUIIHIRDAVlNlJ1 A.NCHORAGE. AX: 995001 {g07l174.7522 written req ues t by the othe r party, execute, acknowledge, and deli ver to such party, or to its designee, a statement in writing cert ifying that this Lease is unamended and in full force and ef fect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed defaul.t, stating the nature and extent thereof); and stating the dates to which the rent and other charges have been pa id in advance. It is expressly under- stood and agreed that any such statement delivered pursuant to this section may be relied upon by any prospective assignee or tenant of the Leasehold Estate, or estates, or Lessee or any prospective purchaser of the estate of the City, or any Lender or prospective assignee of any lender on the security of the Leased Land or the fee estate, or any part thereof, and any third pe rson. 2. Conditions and Covenants. All the provisions of this Lease shall be deemed as running with the land, and shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 3. No Waiver of Breach. No failure by either the City or Lessee to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Lease, but each and every covenant, condi- tion, agreement and term of this Lease shall continue in full force and effect with respect to any other then existing or sub- sequent breach. -21- . . . , " 4 ., 1 ; i i! "! ~ 1 ...; <> I ! , ~ " ~ t~ , .f HUGHES THORSNESS GANTZ POWELLaBIl\.lNDIN ATTOIIINI['fS AT l.AW 10. WEST THIPlD AVlNlI1 ANCHORAGE. AI( 99501 (907) 274.7522 4. Time of Essence. Time is of the essence of this Lease and oE each provision. 5. Computation of Time. The time in which any act provided by this Lease is to be done is computed by excluding the first day and including the last, unless the last day is a Satur- day. Sunday or a holiday, and then it is also excluded. The term "holiday" shall mean all holidays as defined by the statutes of Alaska. 6. Successors in Interest. Each and all of the cove~ nants, conditions and restrictions in this Lease shall inure to the benefit of and shall be binding upon the successors in inter- est of Lessor and the authorized assignees, transferees, tenants, licensees and other successors-in-interest of Lessee. 7. Entire Aqreement. This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease, and no other agreement, statement or promise made by any pa rty. or to any employee, of f icer or agent of any party, which is not contained in this Lease shall be binding or valid. 8. Governing Law. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. 9. Partial Invalidity. If any term, covenant, condi- tion or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 10. Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and Lessee; .and neither the method of computation of rent -22- . " h 11 ~ ~ t ,; :1 t . ~. ,. HUGHES THOFtSNESS GANnPOWELLIS:BRUNOIN AnORNI!YS AT UW 501 WESl TI1IRD "VENIJE ANCHORAGE. AIt 99501 (gon 214_7522: nor any other provisions contained in this Lease nor any acts of the parties, shall be deemed to create any relationship between the City and Lessee other than the relationship of lessor and lessee. 11. Interpretation. The language in all parts of this Lease shall in all cases be simply construed according to its fair meaning and not strictly for or against the City or Lessee. Both parties have had the assistance and advice of counsel in drafting this Lease and any particular provision shall not be construed against a party by reason of that party's attorney having drafted the provision. Unless otherwise provided in this Lease, or unless the context otherwise requires, the following rules of construction shall apply to this Lease: (a) Number and Gender. In this Lease, the neuter gender includes the masculine and the feminine, and the singular number includes the plural; the word "person'l includes corporation, partnership, firm or association wherever the context so requires. (b) Mandatory and Permissive. "Shall," I'will" and 'Iagrees" are mandatory; "may" is permissive. (c) Captions. Captions of the Articles, Sections and subsections of this Lease are for convenience and refer- ence only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the inter- pretation, construction or meaning of the provisions of this Lease. 12. Amendment. This Lease is not subject to amendment except in writing executed by all parties hereto. 13 (a). Delivery of Notices and Rent--Method and Time. All notices, demands or requests from one party to another shall be delivered in person or be sent by mail, certified or regis- tered, postage prepaid, to the addresses stated in this Section, -23- . :.! ,! ,~ ~, ~ ~ l:: ,; ./ i '! . i ,- f, ? " , t~ HUGHES THORSNESS GANTZ POWELl.aBRUND1N "TTQRNnS AT t.AW 50'~UlnlllIP""'EI'IUt ANCHORAGE. AK 99501 (907) Z14.7!!1Z2 and shall be deemed to have been given at the time of delivery or making. 13 (b). Payment of Rent. All rents and other sums payable by Lessee to the City shall be by check, payable to the City, delivered in person or mailed to the City at the following address: City Clerk City of Seward Box 167 Seward, AK 99664 and shall be deemed to have been paid when received at such address. l3(c). Notices to the City. All notices, demands and requests tram Lessee to the City shall be given to the City at: City Clerk City of Seward Box 167 Seward, AK 99664 and to such other persons at such additional addresses as the City may specify, but not exceeding four in the aggregate. l3(d). Notices to Lessee. All notices, demands or requests tram the City to Lessee shall be given to Lessee at: Albert Kawabe Box 67 Seward, AK 99664 13(e). Chanqe of Address. Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Section. 14. Broker's Commission. Each of the parties repre- sents and warrants that there are no claims for broker's commis- sians or finder's fees in connection with the execution of this Lease. 15. Attorneys' Fees. If either party hereto institutes any suit, action or arbitration proceeding to collect the rent reserved or to enforce any covenant or agreement hereof or to -24- .' ~~ ~ .'" .1 ~ ~ '. :'i .! . Ii f: ~; " " d . " ',~ HUGHES THORSNESS GANTZ POWELLaBRUNDIN ATTORNEYS AT l..AW ~OIn WESTTHllItl"'V!NU~ ANCHORAGE. AI( 9950 I (907) 214.7522 obtain any of the remedies herein provided, the prevailing party shall be entitled to such sum of money as the court or the arbi- tration board may adjudge reasonable as costs and attorneys' fees in such suit, action or arbitration proceeding, including any appeal taken by either party in such suit, action or arbitration proceeding. 16. Records. Lessee shall at all times keep or cause to be kept prope~ books of reco~d and account in which full, true and correct entries will be made of all dealings or transactions of or in relation to the Leased Land; Lessee will at any and all times upon the w~itten request of the City permit it or its agents or audito~s for that purpose duly authorized to inspect the books, accounts, papers, documents and memorandums of Lessee, and to take from its books, accounts, papers, documents and memo- randums such extracts as may be deemed expedient. 17. Minerals. Nothing in this Lease shall authorize Lessee to exercise any rights in regard to oil, oil rights, min- erals, mineral rights, natural gas, natural gas rights, and/or other hydrocarbons by whatsoever name that may be within or under the Leased Land. The City reserves the right to whipstock or directionally drill and mine from land other than the Leased Land oil or gas wells, tunnels and shafts into, through or across the subsurface of the Leased Land, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to disturb the use of the surface or to drill or mine through the upper 500 feet of the subsurface of the Leased Land. 18. Good Faith. The terms of this Lease impose an obligation of good faith on the City and Lessee in the perform- ance and enforcement thereof. -25- . ~ ~~ J !i I )c, ~ ~ ti ~ .. ~j i . -~ ;1 . '.". ~ HUGHES THORSNESS GANTZ POWELLaBRUNOIN ATTORNEYS AT lJ,W SOil WUT TlHRD AvutUE ANCHORAGE. AI( 995Q I (9071274.7522 19. E:lection to Terminate by City. Lessee, as partial consideration for this Lease, expressly undertakes (1) to report in writing to the Seward City Council not later than January I, 1984 as to the status of planning, financing, and construction of Lessee's fish processing equipment maintenance, repair and sales facility, (2) to begin construction of such a facility at Lessee's sole expense not later than July 1, 1985, and (3) to complete construction of such a facility not later than June 15, 1987. The "facility. must include building space of not less than 4,000 square feet and require the expenditure of not less "^ 00 $ ICIt1 000 - in construct ion and construct ion-rela ted than costs. If Lessee fails to timely meet any of these requirements, the City may, by giving written notice to Lessee, elect to ter- minate this Lease. All further rights, duties and Obligations hereunder shall cease upon receipt by Lessee of sucb notice. 20. Elections to Terminate by Lessee. If an earthquake occurs during the term hereof, making the construction, finan- cing, maintenance or operation of an improvement(s), building(s) or other structure(s) on the Leased Land impractical or impermis- sible, then in such event, provided the Lessee be in good stand- iog hereunder, the Lessee may, in its uncontrolled discretion, elect to terminate this Lease upon: (i) giving written notice to the City: and (ii) making payment to the City of a sum equal to fifty percent (50%) of the rents payable to the City for the twelve calendar months immediately preceding the notice under (i): and (iii) satisfying or otherwise releasing the City's fee from any encumbrance(s) created as the result of Lessee's actions. All further rights, duties and obligations hereunder shall cease upon receipt by the City of such notice of election to terminate and the fulfilling of conditions (ii) and (iii). -26- n ~ .' '.: J 1 '; ~ " " ~ ~ :1 -:1 . ;i .'~ '{'.;/ft}~\\~ ','",1 , ; ~ " ~ " HUGHES THORSNESS GANTZ POWELLaBRUNOIN ATTORNEYS AT !..AVo' '0' W!$T TIjIRD AYENUE ANCHORAGE, AI( 9950\ (907) Z74.7!lZZ 21. with respect to the portion of Tract 2, City of Seward waterfront tracts not included in the Leased Land (com- prising roughly the N.30' of the E.llS' of Tract 2, as shown on Exhibit "A" hereto, the City agrees to permit Lessee, so long as this lease be in effect, to have a right of first refusal on any lease or other disposition of said portion of Tract 2. ARTICLE XXIV. RECORDING, EXECUTION, COUNTERPARTS. 1. Recordinq. The parties may, concurrently with the execution of this Lease, execute, acknowledge and record a merno- randum of lease. Following recording, the memorandum lease shall be attached to this Lease. 2. Counterparts. This Lease has been executed by the parties in two counterparts, each of which shall be deemed to be an original. 3. Execution. This Lease has been executed by the parties on the day and year first above written. LESSOR: By CITY OF SEWARD C~ LESSEE: ()I,~/t p /~C~ ( \ HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN By~/~ Fred B. Arvidson -27- . . . t} ~ ~i q " , .,! STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ~ day 00,'" , 19~. before me, the undersigned. a Notary Public in and for the State of A ska, duly ommissioned and sworn as such, person- ally appeared ....,,u, , City Manager of Seward. Alaska, known 0 me and to me known to be the person who executed the foregoing instrument on behalf of the City of Seward, and who acknowledged that he signed the same freely and voluntarily for the uses and purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year first hereinabove written. -i'+- STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~ day of~ 19~, before me, the undersigned, a Notary Public in and for the State of Ala~~, d~ c~missioned and sworn as such, person- ally appeared _'--k, ~~~known to me and to me known to be the perso who executed the foregoing instrument, and who acknowledged that he signed the same freely and voluntarily for the uses and purposes therein contained. WITNESS WHEREOF, I have hereunto set my hand and first hereinabove written. HUGHES r/olORSNESS GANTZ POWElLaBRUN01N ATTORNEYS AT LAW <<.:l'WUTTHIRDAVEIlIl! ANCHORAGE, AK 991501 (9071274.7521 -28- - ---- - ~----- . '1ee/1 Cenle1' b~eplio" 4,/J' Sq. FI. i . \, /2~.OO' \ { S.Z<.'.33'50"e, \ , 2o',",,~"'~' ><",,' 1 : f; /, J~ N. 6J'2(,'IO"C. /13.16' \ . _ _ _ _ _ _/ _,I- _ -"""" _~ - - - - - --=-=:- 1 1._---: . . . _--''C'''' ., /' . ' 4"" ,.' ______ . ----c;; l' )"""d ~,,"". oJ - - - -i - -." :;!7,1..' . I' 2~ " . . _ _ _ _ _ __ _ <.",Ii" ,ow"' I~" \' ,~ - - - - - - - - - '1 - -' \ .~ " " ~ / \ ' \'g, Sc~Lt /150' t Ko,.ob< Leos' \ .-Id; 1\ 1 / 38,985 S9'F/.~ n-\ ~ f . I' I' "- )..-' h""""J)Jf \ ~ '() / e~;"f;"'1 ttltllel' li"e \ \ ~ ,.. 1 ' ., . ~ ' I \ "l . . 2D -"", \' \ ~ ~" \ ~ RAllWA'I A"e. 2(;,8.40' 4./5'5(//.3" , R' /,4,05, /.,37.0' ..-: No r;3'2,'/o.t. /43.40 ' - /' t-J,(;3"Z,'/0"e, .t9$. ,5' e - ~' A'C,_. - ",.. ::: ~:: '. ~" (,:; ;". .:TJI ....~,; .,;,..(.~., .~., -. ~..~H "', ,:; ,.,' i '0. '.',- . . ~ :I- .;. ",. .~, ../.,,0' "" (,' <.1 J . ,J~ "" "~ ' ' ", ." .; .' '" " ,","" , . ,', '. "" I' II. ~ .,',;'.~'" " --. :..' J. j" '0.' ;..........1......... ~:\ ~,I . ~)l/ f;U;~' .~.,,~ .... .,. il~". " . ,,,__ : 0: 'f .,\\ , . l\(l.mo"d 1.'. ~ l<;'.. . '? ~t V' . .' 'I,." '''. ',1/:,3 S .: ;:',~ 'I, .. " .' ,;. ::- <1..' . ".., ." :;. ,~, \ ' ,~. ...~' " ""~'l..~;. EKHISIT A OF rR~C1' 2 OF Ct1'Y OF Sf.W~RD IIIA1f.1lFIlDN1' rR~C1':; ~4""J1GP /Ji ALASKA LAND ,SuI1VIYS .... 41,,419 5"') "" S"",,HD, A', 99,,4 I'J/. 907- 224- 30tt. Jc6 NC. 100-83 ------------------------. -