HomeMy WebLinkAboutRes1965-444
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THE CITY OF SEWARD
RESOLUTION NO. 444
~1EREAS, plans for privately financed construction of a facility for
Halibut Producers Cooperative Association fish and seafood processing
plant collapsed in February of 1965: and
WHEREAS, the plant was needed for the May halibut season: and
WHEREAS, The City of Seward was desirous of re-establishing the seafood
processing industry destroyed by the March 27, 1964 earthquake: and
WHEREAS, Halibut Producers Cooperative Association had equipment on
order and scheduled to arrive in Seward for installation in the above
mentioned abandoned plant plans: and
WHEREAS, Halibut producers declared it could not finance construction
of its own facility and urgently requested The City of seward to replace
its facility: and
WHEREAS, an emergency existed in the shortness of time rema1n1ng in
which to construct such a facility for the 1965 season: and
WHEREAS, The City of Seward therefore determined to build said facility
for lease to Halibut Producers Cooperative Association: and
WHEREAS, an integral part of the agreement to construct such a facility
was the lease agreement containing provisions for amortization of the
City's costs for such construction: and
WHEREAS, a Lease Agreement between Halibut Producers Cooperative
Association and The City of Seward was approved and offered by The
Seward City Council by its Resolution No. 434 passed and approved on
March 23, 1965 under suspension of the rules: and
WHEREAS, numerous amendments and counter amendments to the specific
terms of that offer have been prepared in the interim period: and
WHEREAS, Halibut Producers cooperative Association has amended and
signed the attached Lease Of Shoreline and Lease of Improvements Thereon
with Option To Purchase Improvements Between The City of Seward, Alaska
and The Halibut Producers Cooperative Association dated June 15, 1965
and the attached License Agreement For Seward Municipal Small Boat
Harbor Dock between the same parties and dated June 15, 1965:
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 434 as passed and
approved on the 23rd day of March 1965 be and is hereby repealed: and
BE IT FURTHER RESOLVED that due to the above stated emergency conditions
the provisions of Ordinance No. 315 and Ordinance No. 349 relating to
leasing of City owned property except as below stated be and are hereby
waived for this one specific transaction: and
BE IT FURTHER RESOLVED That Lease of Shoreline and Lease of Improvements
Thereon With Option To Purchase Improvements Between The City of Seward,
Alaska and The Halibut Producers cooperative Association dated June 15,
1965 and containing the following modifications:
(1) Line 18, page 2 from "twenty" to "eighteen".
(2) Last 7 lines of Section I.e. deleted.
(3) The word "given" inserted third from last line Section l.f.,page 3.
(4) June 14, 1970 changed to "June 14, 1972" in Section ll.
(5) Section 16. added.
and License Agreement For Seward Municipal Small Boat Harbor Dock dated
June 15, 1965 between the same parties and for a portion of said dock,
each instrument attached hereto and made a part hereof the same as if
set forth in full herein, be and are hereby approved and authorized and
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RESOLUTION NO. 444
Continued
the City Manager and City Clerk are hereby instructed to execute and
deliver said instruments.
This Resolution shall be posted and published in accordance with
Ordinance No. 315 and shall be effective on the date of passage and
approval.
Passed and aZproved by the City Council of The City of Seward, Alaska,
on this , (.:1 day of March, 1966.
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Attest: R. W. Kirkp rick
Mayor
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Beatrice E. Watts
City Clerk-Treasurer
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LEASE OF SHCRELI;,E AIill LSc\SE OF r:.:r:::OVE1<!illI'TS THEREON
WITH OPl'ION 70 FURC:"AS2 IKPRCV:?!.:lli:TS
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THE CI~Y OF :::t;;Arill, AL~SY.A
AED
THE HALIBUT PRODUCmS COO?:::').TIV:O: ASSOCINrrON
This Agreement for the leasing of limit~d shoreline land, described
below, and for the lease of tbe itT9rOver;t:nts thereon, wi t.h ae option to
purchase the irr;provements only, ~~2 ent.er~d into and made effective as of the
15th day of June, 1965, by and bet'.leen che CITY OF SE\iARD I ALASKA, a municipaJ.
corporation, organized under and oper"tL'i: pursuant to the la'IS of the State
of Alaska, and more specifically executing this document under and by virtue
of the authority contained in Seward Ord.:.nance No. 315, enacted by the
Common Council of the City of SE:"~rd on 7th day o:r--July ,196L
and Seward Resolution No.~~ enacted by the CaGmon Council of the City of
Se'Ward on ~day of Majl;ch _, 196.Q.., said City r:ereinafter re-
ferred to as the "LESSOR " and -;he P..loLlDUT FRO:UuCEP,S COOPERA<I:IVE, a nonprofit
unincorporated cooperative association organized under the law'S of the State
of Washington, but du.ly licensed and o:pi:l'ati:lg in conformance with the laws o'
the State of Alaska, hereinafter calleii the "LESSEE".
w~EAS, the perties hereto are desirous of reconstructing a sea-
food processing facility on the shore of Rcsllrrection Bay in the city of
Seward, to replace the facilities that were jestroyed by the great Alaskan
earthquake of March 27, 1964; and
~IEREAS, the LESSOR desires cO lease limited shoreline land, and
to assist LESSEE in the acquisition of u~c~uate facilit.ies for seafood pro-
cessing by constructing seidproccssing :~cilities and leasing che same to
the LESSEE, "ith an option to the I.SSSEE 'vo purchase said improve!'lents onl~';
to the end that a vital industry will "gain operate within and e~loy
citizens of the city of Se~ard; and
W'rlEREAS, the LESSEE desires to lea3e limited shoreline land, a~d tq
lease the improvements tllereon, with an ol'tion to purchase the imp:'ovements
only, as seafood processing plant facilities, for the purpose of engaging in
the seafood processing industry in the city of Seward; now, therefore
TO ALL WHO r.!AY BE CONCERNED P'..EP.?,VI~llJ VI I T K E SSE T Ii:
The LESSOR hereby leases to the LI::JS::E, and the LESSEE hires fro:!:
the LESSOR, for the specific PUlvose of co~c~cting a seafood processing
operation, and tor no other purpose, thos~ certain premises situated ~n the
city of Se'Ward, Borough of Kenai, State of Alaska, more particularly des-
cribed as tOllo.s, to-wit:
Beginning at the !'II. corner of the ;,:unicipal SmDll Boat
Harbor Dock, located 0,1 the !wr'1;t~""8terly shores of
ResUl'rection Ba:t ,vi thin t::-:.e boul<,5.:oric:o of ti:':e ci 1;,/ of
Seward, 'Where soid dock joinE anti iL.l\:.el'sccts the si....ore-
line, thence No:r~h for" ,l.i~tance of 'c,:enty feet (20'),
thence West for a iiistanc,,' of ,,;ienty :feet (20') to the
true point of beginning; -CI!C:TICe i;o:.'th for a distance of
one hundred s!:.d t\H~nty-(;:.~~}r~ ff:2'!.; (128'); thenc2. \-lest
for a distance of one l:U,.dl.":::l lnG f'lve feet (105');
thence South fc~' a dis'c~"lC8 of' O:.'~ hur,dred sr.d t,ien-:;y-
eight feet (128'); tllence E~2" :'(;:" a distance cf one
hundred and five feet (105') to .~!1C true point of
beginning; co~risiDg appr0xi~utely 13,440 square feet;
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to(;cthe.r \Vi th a. ;ieYil~/ conE ~:!'uct';d .::teel :sutler-t~....p~;
insulated build!.ng situs ...cd. '~;i.ei'eo:1) :-r.eaeuring 5C" by
108', 83 wel..J.. [~S ell 3nd sin:;t.,':ar t":0 other t'sr..j7",:~Dt:i,
heredi tarr.ents and cppi.l.rter.:;~,ces thcc'ellnte belonginc or
in anJ~ise appertaining.
'Ihe term of this lease s:-'81: 'be fo~' ~~wenty-five (25) O'eerS, C00-
n:encing on the 15th day of June,. 1;>6;;. and tzrdnating as of n;i~nig'l'" on th"
14th day of June, 1990, subject, !'.c',:evey, to the pro'licions of tt.2 optio" :0
extend hereinafter stated. 'I':1C 3cr.ui":1 rentGl to be paid l)y tne L~::;:C:E "to
the LESSOR, or to such oU,,,,::- :;;~j:;ci:ltl:e as the L~S;:;OH may from tilre to ti::,~
in iYri ting designate, or to the legal r8P:rese~',.ative of the LESSOR, a"c such
place as may be designate~, sball be as follower
The annual rent~;l fOl" t1j6 1'i:.:'[ ": 8'2vcr~. (7) J'eers of -ctis }.e~-: ~ '; ~ or
until such time as the tot"l reent J;:.J.id equaJ.s the sum 0:: ;v:'9,426.68,' ;;".,11
be the su:;; of Seven ThousunCi 1'..'0 llt:ndl'e:i Do:.:;'8r:: (:)7,200.00), ll<ly~,b:'e in
advance in ITionthly instaJ.ln,ents o i.' Six Hu;^,:'ired Dollars ($600.00) :per I~Gn-"L,
laVlful m~~~11'Uni teJ 5tc;tes (of ;\r~;erl,c::;,; ::3:'.d annual rental :';UT~':G the
renaining ~) yecrs c~ the tsrm of this lease, or any further term
under the p on 'to extend refe::-..ej to below, shall be the SUI~ of Siz 'Ihou-
sand Dollars ($6,000.00) per yc~r,yayable in cavence in !ronchly in2~sll~ents
af Five Hundred Dollars (4)500.v~~') :per ::;on';G'h. In the e~/(:nt the L:2S2KE c.-:'~~Ci:;;3
its option to purchase the ilJ';provec:'er.ts :.ccated on the above-described }:rcr.;i.E~S
in accordance VIi th the terlDs and conQi t.i.o:!S set fo:::-tb below under C?~iOr; TO '
FIBCHASE IJ.\PROVEMENTS, the,} and in SUC:l c',ent tl:e said an;l'J.r.l rent shall be
reduced to the sum of One Dollar ($1.00) "')er year for the remaining tel',," of
this lease or any extension thereof.
It is further agreed by c~e LESSeR or by the LESSEE or ~J.tually
agreed bet~een the parties as follows:
1. The LESSEE hereby c0venar;ts as condi t.ions ne:essary to the
continuance of this lease a.15 ~i! conci tiG~'lG su'osec;uent pc::-taining to the se1;::;
of the irr.provements on the above-descri1;ej:;)rc,~ises u;:der ti:.e Option to Pur-
chase set forth beloVl:
a. That it will conti;l'.J.e in ':n:d diligently pursue an operation
as a seafood proct)ssor, and ~rill <:ot conduct an operation i:1 lieu
thereof for any other }:LU:")C;~e ,;1 tr:.out the prior 1~ri "C.ten approval
of the Common Council 0:' "01:e Ci -::y of Seward, LESSO:l;
b. That it will pay the rents, tahcs, assessments, insurance
premiums, and all other SUIT,S 1~hen required to be paid, without
delinquency;
c.That it will conform to the City of SewarC Building Cede,
and to all other laws, ru1es, and regula'tions of any duly
constituted governme!ltal entity Lavir:/S j;lI'isdiction;
d. That it has examinea and known the condition of the said
premises, and .it has received sail Fremises in good order and
condition, without any exceptions;
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e. That it Vlill, at its O\J~ exrense, from time to tir..e, and, at
all times necessary d1xrir.g "be tern of this leese, well and
sufficiently repair, uphold, support, sustain, maintain, and
repair the premises and appurtenances and all things connected
ther~lith, including all bui1dines and structures which now or she
hereafter be constructd or rr~de ap~~"enant to said premises, and
all equipment thereof, incl1.1.6.ir.r; but not limited to all plumbi::g,
iYirin~, gas, steam &nd electrical e:~:"ipment, fi:,tures or i'ittL'lGs
t"~ereof' tlR8. tilat :1 t 'JiU, &1: i t~ g"[.,Jll ~XF9lHZ9.. fp~m tit:~ ~o +i~'6,
IUle.e I~8.)uele 8.16. :"1.~13t'_d,,-:'u'tif: 61" ':'lj...h e4111}llnen'i (e9t fila1J elase
.8i~" aAer8.8tl1r ails 8:rfia181..e~ 'a'i le8.8~ e~tl61 115 ~he ~.&. it!;iual
~u&Jment, asa at l,aet a~ffi~1~~t fOI ~len e~rEn~ ~e_~ie~
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f. That it will, as further rent for the pre~ises hereby
leased, carry tire and extended insurance coverage on the leased
premises during the entire term of this lease in an amount equal to
at least Fifty Thousand Dollars ($50,000.00) or the remaining
amount of purchase, due and owing, should the LESSEE exercise the
Option to Purchase the improverr.ents, as provided herein, said insur nee
coverage to be written by a reliable insurance company or companies
authorized to do business in the State of Alaska; said policies to
be written in the name of aud for the benefit of the LESSOR and the
LESSEE, as their respective interests may appear; with further re--
quirement that the LESSEE furnish the LESSOR wi th Cert1fiC~e f
Insurance (with stipulation thereon that the LESSOR will b tf~
(15) days' notice of intent to cancel) evidencing coverage n ~;l/
above-iDdicated amount; I .
g. That it will furnish the LESSOR with Certificates of Insurance
(With stipulation thereon that the LESSOR will be given fifteen
(15) days' notice of intent to cancel) evidencing liability
coverage in the amount deemed ad~quate by the Seward City Manager,
but
(1) Not less than $100,000.00 of bodily injury liability
coverage per individual and $300,000.00 per accident, no
less than $25,000.00 of property damage liability coverage,
for claims for da~~ges for personal injury, including death,
and for property damage, which may arise from the operation
of the business to be conducted on the leased premises, or by .
the acts of the LESSEE, its employees, agents, servants, cus-
tomers, or other licensees or inviteesi
(2) Workmen's compensation insurance in accordance with
the laws of the State of Alaska or any applicable laws of the
United States Governoent.
h. That it will for itself, its principals, officers, employers,
employees, associates, agents, representatives, successors, heirs
_ a.ssi,gtls, licensees or invi tees, protect, defend, save harmless and
indemnify the LESSOR, its officials, employees, and authorized
representatives, ageinGt any loss, cost, dallJage, expense, jUdgmentr
or liability of any ki~d '\lha tsccver, from or by reason or on accou.
or as a result of the activity of the LESSEE or its associates und
the work contemplated to be perfor~ed by the LESSEE hereunder, in--
eluding the perforoance of any labor or thelllrnishing of any
material, or any claims for injury to persons or property or death
to third parties or to e11Ployees of the LESSEE or the LESSOR, or
for any damage ,to any property or claims of liens of workmen and
materialmen of or for LZSSEE, or for any other reason whatsoever,
including acts. of omissioY"" r,;:?nl~i:"G directly or indirectly from
the perfornance of work by tha LESSiE in the processing of se~food
as contemplated by this Cl.cGucent;
i. That it will not assien this lease, nor let or underlet
the 'Whole or any part of tLe said premises 'Without the prior writtcfl
consent of the LESSORi tha".; it .ill not occupy or use the said
premises, nor permit the ss,,,e to be occupied or used, for any othe
kind of business than the ~rocessing of seafood;
j. Tha tit will conform 'With all requireu:ents of police, fire
safety or other la'llS, Tlues or regulations of any government agenc'
having jurisdiction over the premises or operation of the business
of the LESSEE; and that it will not permit any unlawful or pro-
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hibited activity on sa~d premises;
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k. That it \/ill pay all ;r...:miciF'l, boroug.'1, state, ,,::d federa:l. I,
taxes ',1hich !:lay be asse~st:d by <.ry ::9:;:!'ol'ric,te t.lx::.ng authori t..
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8Gc.inst inventory,- stock, €.'~~:":~"~):'.ie!:':', fIxtures, ~i;:pro-/er,ents) :.nccc'(.I.,
or other'vise, \lhcther 'Hl. t:J.i~1 ,:,r O~l s~~.id J.ea3ed p:....e:n:;.ses) 8.3 t11v I
same shall becor:le due; and s1-13.13. l:."..:;'i::-w'ise nake ti::Jel:l fJJ1:,ent o~..
any legal asses.::n:cnts ar:5i ::st t[j~ pro:per'.;y;
1. That it will pay the cost of heat, water, gas, electricity,
garbage and refu~e collection, Ge',';age} or any other utility servin,
said leaseQ premises, for which a utility charge is assessed;
J:l. That it will at all times ::eep the premises neat end clean;
and in a sanitary condition;
n. That it 'li11 811ml the I2SGCR or the agent of the LESSOR fr;;e
access to said :premises at all reusonr.ble tir.:es for the purpose of
inspection;
o. That it will not ~ake any alterations, additions or improve-
ments in said leased pre~ises without the prior written consent of
the LESSOR; and that it will agree that all alterations} additions,
and improvements which shall be !'lade chall be at the sole cost aWl
expense of the LESSEE, slid .shall become the property of the LESSOE
and remain in nr.d be sur::er.dert:c 1,1 t:, the premises as part the:-eof
at the termination of this le~se, without disturbance, molcstatiun
or injur,y, subject} however, to the provisions of the Option to
Purchase, hereinafter provided. The provisions of this clause do
not apply to the quasi-perma-aent installation of any and all trade
fixtures, equiprr.ent, and other items placed or installed by LESSEE
in the leased building, whica ~ay be removed at the expiration or
sooner termination of t;,is le6.~e, provided that LESSEE shall repair
any damage occasioned by such re~.,(;val.
2. The LESSEE re-allegcs '~hat it )}'L inspected the leased prel1;i"e~
at the inception of this lease and 1>?ITSnt:3 th"t same was conveyed pUl';:;uant t
the terms of this document in good condition at ~he tiQC of its inicial oc~
cupancy, and tberefore further covenants a~d 2grees that the LESSOR shall not
be liable for damage, either to person or property} sustained by the LESSEE
or otherG on the property at the indulgency of the LESSEE caused by any deiec
in the leased premises at the-inception OT tee lease or occurring thereafter'l
or due to the other improve~ents thereon cc~~ng into a state of disrepair,
or caused by reason c:::: the burstin,; CO 1later, gas, se1;er or steam pipes. I
3. That the LESS:E covenants 'coat l.n the event it sbiill violate; I
refuse, or omit to perfor'm a:1Y of ~;he CO',2!!2nts or conditions herein containe(j;
o. r in case the said leased p);"cm1ses s}--~a::"l be vacant, abandoned or deserted b:>~11 t!':c
LESSEE, the LESSOR or any other per'son or p2rsor.s by its orde!', !',ay re-<onter
'the same, either by force or other,:i.3e, witr:cut being liable to any procecu-
tion therefor; end} in such event, the L:SS::r; further covenan'~s that tte I
LESSOR may elect ei t;1 er to termir1a.t,e. -:;'1e te1'm of this lease or !'ene",lal therec ,
or r::ay relet the said premises at cn~' tir.;e as t:,e agent of the LESSEE or
o~her~ise} for whatever rent it 2L811 obtain, a~plying such ren~ first to the
:9aJ'~ent of such expen~1 as "~he LESSOR r:l.o,~; be I)ut to in re-ente:cing ana. rz-
, letting} and then to the paynent of ~.Le rent due hereunder z:nd U:e ful:fillll:en";
of the LESSEE I S covenants: the:"'e;)i1:E'~~ l)3.yinC ever to t1:e LESSEE the co. lS::lc e ,
if any; and, further in such eyent, t~::" LESSi:;;'8 covenants tlm"c in the eVt;r.t
of a deficiency, the LESSEE shall re~ain lia~le therefor.
4. In consideration Of the pr~~ises, the LESSOR tere~y covenants
and "agrees with the LESSEE as follo~s:
a.
the
has
That at the time of :~$ exec~tion of this docuwent, it iB
sole o,mer in fee sin-ole of the premises tereby de!:lised, al:d
the full right to lease the sa~e for the term aforesaid ena
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under the condition contained b~rein (it is expressly cmderstocd
betlleen the parties t.hat the above covenant of the LESSOR cor:sti-
tutes a 'Warrar:ty by it, and in the event it does not "nave the ii tle
and rights aforesaid, in teat eYe~t only this lease shall beco~e
voidable at the option of the LESSEE, and no rent under such option
would be due for the remainder of the term aforesaid);
b. That it will put the LESSEE in actual possession of the
demised premises at the beGinning of the term aforesaid, and on
payment of the rent and perfor~ance of the covenunts herein by the
LESSEE, it shall be authorized to peaceably and quietly have, told
and enjoy the derr.ised premises for the term and subject to the
conditions her~n.
c. That it hereby grants to the LESSEE the right to erect an
engine room building on the leased premises, separate and apart
from the Butler-type building erected by the LESSOR. All alter-
atio~, additions, or impro'Te;r,~nts to the leased premises made by
the LESSEE, with the :per:nissicn of tile LESSOR, shall be !ll3de at
the sole cost and ex-pense of the i.::SSEE.
d. The LESSOR sholl not ur-xeaso~ebly with~old its consent to
an assignment or subletting ot the leased premises by the USSEE.
5. The parties do hereby agree that if the whole or any part' of
the leased premises shaJ.l be condemned or taken by the city, borough, state
or federal government, or any other duly constituted governuental authority
with the power of eminent domain, regardless of purpose, then the term o~
this lease shall cease on the part so taken from the day possession of that
part shall be required by the governnental authority,and the rent shall be
paid up to that day; thereafter, in the event that sufficient portion of the
demised premises,shall have been acquired by the goverr~ental authority to
render further performance by the LESSEE under this document impractical, or
'difficult, the LESSEE shall have the right either to cancel this lease
and declare the same null and void, or to continue in possession of the
remainder of the premises Under the term herein provided; except that the
rent shall be reduced in proportion to the value that the leased premises
taken bears to the whole, as deternined by the condemnation proceedings
(subject to the exercise of the Option to Purchase as hereinafter provided,
all damages awarded for such taking for auY public purpose shall belong to
and be the property of the LESSOR, whether such damage shall be awarded as
compensation for diminution in value of the leasehold, or of the fee of the
premises herein leased, or o~ the im9roveocnts thereon).
6. The parties covenant and agree that should the premises be
destroyed by fire or other casualty covered by the terms of the insurcnce
contemplated herein to be carried by the LESSEE, then and in that event the
LESSQR covenants and agrees to reb~ilt, or restore) the said leased premises
,to a like condition as that whic~ exis~ed prior to their destruction, to the
extent that the insurance proceeds are available for this purpose, and that
during the tine of such repair or restoration, the rent prOVided for herein
shall abate if the premises are totally unsuitable for the purpose intended
and are not occupied in whole or in part by the T~~SEE; however, on conclusic
of the rebuilding, the rent shall at once become due and payable in full
again in accordance with the provisions of this document; it is further
understood and a~eed between the parties that the period of such time re-
o qui red for the rep~ir~~"Pestoration of the premises co~tewplated herein
shall not toll or lapse the running of the term of this lease or any
renewal t~reof.
II
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7. In the event the leased premises are damaged or destroyed by
act of God or other casual t:>r not covered by the insurance required to be
ma~ptained by the LESSEE under the provisions of this agreement, the LESSOR
s~a1l be under no obligation to repair or restore the leased premises, but
sr.all give written notice to the LESSEE within thirty (30) days after the
happening of any such event advising the LESSEE whether or not the LESSeR
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has elected to repair or restore t,:e le::cEo y~';)r:ises. Ifc;'1e LESSeR clee'".:
to repair or restore the lE::;.seci ~l"e::):..,=:e~~, i t s~..i.;)ll procee5. to 3ccol:li:;list
the work with due diligence. ~f ~:'.c: LE3.3CtR t21::'c~c;J not to l"el)uir or rest~.r~
the leased premises or fails to ,:s:,-,-e \ci t,'cen (lotice of this election to ;',~';p'
LESSEE within the said thirtY-day ycriJC:;;:-,is J.2JSe shall Gutorr.aticr,lly
te::-r.:inate as of the end of the [wid t;'i~.t:/-d~j' ~c2riod, alC:i 011 ri,}1ts and
obligations hereunder shall ceaJc. ]i'or t;:e ~)'J~:i od of time from the occw'renc
of any such damage or destruction to t~e aate the leased pre~ises are repaire'
or re~tored, or to the termination of tee les3e in the event LESSOR does not
repair or restore the leased pre;;;ises, the r:onthly rental s;lall be abated,
provided that the prerr.ises are totally UDusable and Wloccupied by the LESSEE.
OFrIO:Li TO EXlrs.~'J) LE..A.BE
8. In conSideration of t;~e pre::-,:!.ses, the LESSeR hereby grants to
the LESSEE the exclusive right and option to renew or extend this lease for
a further term of five (5) years corr.:nencing at '~he expiration of the or.ig:inal
term, subject to the serne terms and conditions as provided for'herein; pro-
vided, however, that notice of the exercise of such option shall be given by
the LESSEE to the LESSOR at least sixty (60) days prior to the expiration of
the original term of this lease, which notice ffiUst be in writing. Thereafter
the LESSEE shall have a further option to aGain renew or extend this lease
for a second additional terI: of five (5) ye,,::,s, comnlencing at the expiration
of the first extended term, again subject to the same terES and conditions
as provided for herein, the notice of the exercise of such option also to
be given by the LESSEE to the LESSOR at lcust sixty (60) days prior to t;:e
ell:piration of the first extension of the te.c-tl, .Thich notice must be in
writing. It is agreed by the parties hcreco that time is of the essence in
giving the said written notice of election ~o exercise the option to renpw,
and that failure of the LESSEE to give UI,1ro'},y notice shall be deerr.ed b;y the
LKqSOR an election not to renew C~. to e::te;:B. the term of this lease. In tr,e
event the LESSEE shall hold-ev~r sa~d ter~ or renewal terrr., without the re-
quired notice of election to renew, with the consent, expressed or i~lied,
of the LESSOR, said holdine-over shall be construed to be a tenancy only fror:
month to month and none other.
I
9. The covenants, conditions, stipulations and agreements containJE.~l
herein are interdependent, and are oinding upon the legal representatives,
successors-in-interest or assigns of the parties.
10. It is understood and agreed by the parties aereto that neithe
party shall have the right to terninate this lease for the default of the
other unlesn such default remains uncured for thirty (30) days atter notice
in writing to the other party, specifying the nature of tile default;pro-
vided, however, that if beca~se of circur.stuwces beyond the cOwtrol of the
LESSOR it cannot cure a de~ault on its part within such tirr.e, and such de-
fault does not interfere with the use, c:cupancy and quiet enjo~ent of the
leased. premises by the LESSEE, then t;:e LESSen shall have a reasonable
additional time within which to cure such ~ef&ult.
OPl'ION TO FL'RCP.ASE II,;:PEOVE:.fSl1'I'S :BY LESSEE
11; It is further mutually acreed by and between the LESSOR and
the LESSEE that if the LESSEE shdll cave duJv' and punctually fulfilled all
of the provisions, agreements, covenu~ts, and conditions of this lease, in-
cluding the prOVisions of this paragraph hereinafter set forth, the LESSOR,
on receipt of written notice from the LESSEE on or before Ju.~e 14, 1971
stating that the LESSEE eKpects to purchase "he buildings, structures, '7.
appurtenances and other improvements no'; on the leased premises, the L < 'S
will convey to the LESSEE the ilqlroVelcents situated thereon, subject to the
following conditions:
a. The payment to the LESSOR by the LESSEE of the purchase price
of said improvements in the amount of FORTY-HIKE THOUSAND FOUR b'U1'.1)RED
~-SIX DOLLARS and Sixty-eight cents ($49,426.68) in lawful money of the
United States.
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b. .The LESSCB s21.311 ere 5.:!. t to:\::>:.~Cl t~:e ,purchase 'n:-i.c:z o~~
$49,426,68 all sums :paid by t:.(;: L~:,3E:::: ::;:; a,:~,'c.al rental pr:.or to the
giving 01' notice by the LEBSi:;: c1' ::'"oS e:,,:'.;io:1 'vo pu;.'chasc said ir,yro'lCt,€.n't;.
c. This agrecrce:r:t. for the T::1~:=:3:~)' 0: title to ::.~iil i:':.:)l.,)\1e~J(;r.~ S
to the L",QC"'E "pon the I'~"-'en'" 0" ~),-c --.....'..~l".'e n.~1ce of "1'.9 J'00~-(':1 ""E'" I
..........i:l.u, '"" )\J,J..1 V J. v... !.:...I.......'~_,c...... ....._ 'I' :""t"C-. J...J Lo-.....L__
l',,!':ain executory end subject to the ccr:ci':::c;1s ,r,foseg,uer.t thdt the :U:S'=:':::IJ
continue in and diligently !'ursue an 0/,::'" '_::011 as a seai'cod rrocesse,r, :""Li ~,.:
other, and in the event ~ES21..~ no 2.v~~~3~;;~.. .~~ :l~ji::~.':;:"';c in the busi:-::eGs as a SE::~- I
food procecsor en the abo'\~e-dezc!'i'~t:~ 2)._':.;L":'!..:CS aUX'il-~ the ter~1 of this leaf:2:~
ti tle to said improverr;ente {not ir.i.cl1.>..li:~8'. tra']~ fi:::tures, el' othc"J.'} :pe::-SGnal2..r~'V
placed thereon by the LESSi3) :oha1: au';c,:.~ ~ic111:r revetrt to tl'le I2.SSm ar:ii
all suns paid to LESSOR, either 08 rcct or ~s pert of the ~U1'chase ~rice,
shall be retained by the LESSOR UG prepaid rent and liquidated da~ag8s. I
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d. In the event tho.t tb; LJ:SS'2S e:re::-cises this oution to 'Curchsse I'
said improver:ents, the annu::;.l rent.<:.l c:O '_:\e rern:::.ining port::'on oi' the prem~ses
shall be the s~ of One Dollar (~l.CC) T0r year, payable in adva~ce c_ tae I
. time of the exercise of the optior. tv r;'\~'c:1r;.:.e, as ::::et forth above.
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FIRST RIC'J;~ CPO :;:::i:./'Ul,CLi'.BE BY LESSOR
12. In the e"ent the ('2tion to j)\J.rchase i3 C?xercieed by the LESSEE
and such sale is consll.'!II:cted, z.r~d t~4~(: L=.3:~:'::S Eiubscquently dcter!!:incs to re-
sell the building and other ::'mpro'l,,~,;r,:.!ts :;;:'.aced on the lease5. prel~ises, then
the LES3EE hereby grants to the LI:::;.sr;.~ t:;.;: ('gtion to rc!,ur~c.ase t::t: suld
buildings '1nd ir.::;;rove;;:ents at :) ;,:ur(.;hnse :;:rice agreed upon bet;/een t:,c pa:::ti
t&.king into cor..sideration tr.le dc:}}reci[:.tic.~1 of the building~ and 1!~)rove:.-:ents
for the years of t::.eir existence. I'1 tl:c e',"ent tce negotiations on .the :;:ur'-
chase price results in an inab~litJ c.r' t;'.e r-arties to agree, then each party
sh~ll select Ii qualifi~d appraise:::, c~o in turn will select a tDird person,
tne three to constitute a. bo=d (.;: m:b:. trc; '~ion fo:' the plll'})ose o~ arbi-
trating and deterr.:ining the value C::' 'cllc irpr0yer.;er.ts tl-.en si tuc.ted on the
leased premises. The L ,,"SGR and "che !. !E;S,,"; hereby c"venant to be bOU:ld by
the appr&isal as detenim:o. by t:1e DCO~'C: cf arbi'Lration so selectec.; a"d
each covenants to J?[.;Y' any fee ch::c.:eJ l,y t::e apPl'ai::::er selected by t:le:;:
l"es:pcctively, and each to :;~y Ol1.J-,.~.::'f o~' ;;cy fee charged by the tl:iro.
a:9praiser.
13, In the event the option to PU1'c!::::se is exercised by tbe LESS'-
and such sale is cODSu,-nri,ated, and ",.CI':l L:;:;SS,~:2 does not choose to sell the
bu.ildings and other improv~lT.ents to ';;,.G l.:r.:SGC~: dU1'ing the t"'l'm 01' this
lease, or any exte~~sion th~j;.'eof; ~(~cn, tte r:S:SEE cove-r.ants that it "ill
'cause said ic:croven;ents to 'oc en"_ircl~' re~ov':;d frotl the premises at its 0,;0
cost ":'iithin thirty (30) days ',~ex-:-, fc~:-c,~,'~::'.:~C the tel"':nir:.8.ticn of tee ba.3ic
lease, 01" any extension thereof. I!l .I:.:!~e e'r~'nt of toe l"ciusal or ir..;a,"':Jility
of the LES3EE to remove the builC:inG:~ ~nJ ot-her i~rove:::E::1ts from the
.:premises, 'When and as above ir:cli::::o.tc^:, the LZ3S0R !Lay cause the same to be
re!Coved at the expense of tt.) LE6S:2:.s, c.:..a the LESSBE confesses jUo.crl-?ut for
any costs aszociated thercwit~, incl~aing a reasonable attorney's fee.
14. It is uDderstoc'::' and a,jI"eccl by the partie::: hereto that the
covenants, conai tions, s ti:;ula'tior,s and t€:.r;,~:; 01' this docur:ent shall ir.ure
to the benefit of and be binding u?on not only the 9rinci!,als, but their
assigns or successors-i~-inter€st.
15. This instrument contains the entire agree~ent bet~een the
parties, and no statelJeJ;lts or ino.ucCi:1ents ::::hall be valid or binding if ::;ede
by ei tl:el' :party hereto, 'Which are nut cGntained in a duly e:,ecu1;ed ric.er 'to
this docu~ent. Accordingly, this cor.tr3ct May not be enlarged, IT.cdified or
altered except in writing duly executeQ by the parties 'With like forrr.ality.
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?l 16. Lu... ehall hay. the right to terlllinat. this Leue llpon
, !iYiDg 60 day. prior written notice to Le..or .hould te....'. risht t.~___ .
Wle the Northwest corner of the Mllnicipal S_l1 Boat Harbor Dock be CP
terainated by te..or.
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I~ ~1J:'I':'r.8.sS ~'1}~E.':t!.!~C~7': the 1>i.~r.L::'I~s tc:ceto hG,7e exectd;ed t:J.is
by and through their d;;.2.y auth0~'J..~~:} oi'::'i.:isLJ as of the 15to. de:,' of
1965.
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City Clerl;-Treasurer
U?:ITED S~ATES OF i\1ZRICA
S'l\4t~E CF ii.USI{A
THIRD ~u~ICIAL DISTRICT
SEi'IA.'iD RECOR1lIi;G PRECIl(CT
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THIS IS TO CErt:lI:?:l t.b:.t 0:: 'C,L.:: -22- d<:y of Ml:ll"l"n , 1>56,
before r.:le" t":1e unoCl.sigr..E;j; a ~'~(,"~,::r~.' :':>-'.i.tli:: .'c.:l 1:'1:) .:or AluH~:8.) cx;":'y cc-:"-
f:?issioned ana. n"\110rn us s'.l'..~l:; r<.,r~~~L8.~;..:./ ,,":.;?c-:rr...:-..; F:\l:J) J. ~.JA1.2Z [;r~cl E2J.rJ:'.ICZ
E. ~'l.ATTS, kno'Vrn to me ~o te tbe Ci.ty :":.-:~~~ ~E:j:,~ :::.r~c. City Clel:1::-Trcasu.:....ci: oJ.'
the City of Seward, Alas:':s, " res?(; ;.G::' v..::1:/, ~:.~~: Gc1cil ac~:.nc\;lledGed. to r:.8 -::lnt
the foregoing instrurr,ent -"w.s e;~'::c~J:~-::.:d b-.;" ti.~c:~: i~l their oi"i'iciol co~""o"~'s.te
r:".lnic1pal capaci1;ies, lJnd tbe.t cae;, (;'::~cutce. t:,e ::'oregoing instrumen-;;
:pursuant to the authorization of t::e Ccr-::,..cn Cour,cil of the City of Se;.~~,rd,
ACsl~a, that sai~le 'Was exec.J.ted ac t~~e :.:"r~e a:-:J volu...'1t.ory c.ct ar_~ deed Df'
the nunicipal corporation for the Uc.C3 an~ purpcses therein ~cnticncd, and
each on ooth stated themselves to be au'~Lc~'ized by said rr.uniciptcl cOl"pcretio
to exec-llte tile foregoing instru17,cnt, a::c. tr_at tile seal affi:r.ed hereto is the
corporate seal of said rr.unici9&lity.
III 1-.11'::IUSS W't.:E.'{SOl, I :,. '1,~ :OcoTc':;:nto set my hand and affixed my
Notarial seal the day and year he~einabc'le written.
~~ #'~".f-l-l..
;iotor:i :?ublic i and for Alaska
,.;y cor,,::;ission expires: 2/28/68
Hi\E~lj':.' ?RODUCERS COOPERATIVE
(SEAL)
By:
"
Pl'esident
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AT~EST :
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AHr~
Uj./ITED S'l'ATES OF AHL"EI~
[':rATE OF HASHIHGTO:i 55:
ICIl\'G CGU'li1'Y
THIS IS TO CE.'iTIF~ tl:c,t Q!l thi[; It~a'J of ~ ,196~,
before me, the undersigned, a i~c,tc.:':'Y PUblic i:'1. and for the Cour.:s:,r of King,
State of 1N3Shir..gton, dulJ" CQ\.;::1:'::::jionei :"Oa ;;~"";01..n as such ~ personGll~f op-
pes red ~h',c) .()Gt)/I.~t.- Rr.d :i).G. ~t!'~h'If.e/)r
l:~lo'.Jn to !:Ie to be the Prf,;'si8.e..t rn:d nt;r;;~:'Gry ~cespectively of ~he r.hLI3u'':
PRODUCLRS CCOPERATP1E, anu each 8c::;',c'dlc:ic:;;j tLat the fo:ce[oing inst~1',;0:lt
was execut(:d by tl:e~j in their oi''::''icl.~~l c;()~Gclrat~ ccp,-:ci-ties: ec:c:'1 eXf~cut~;c~
t~e foregoing instrunent pursuGut to ~uthoriz~tiou of the governing bOdJ" of :
the said cooperative, and each on oath st~~ed theDselves to be authoriz~d bYI
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saia cooperative to execute the i'cr2:;cilJq ir:;rt:cu~,E::lt, and that the seal
affixed hereto is the officiul ':;881 of' Geld ccoI)e:;'~.'ltive.
Ilr vlITNESS 'IIl.t:J1EOF 1 I hey", nC:c'€::.!nto set rr.y ha4;l and affixed r:y
Not;:riaJ. seal the day and YC<lr he:::-eir:above 1::;.'itt(::n.
IioLry i'u;;lic 84d for K~ g COU.,'""y
S'cf..te o'.Z' ~'ra:::!~ir:gton
J.:y C01::mission expires: ~ IIJ,I"" P
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LICENSE AGREEMENT POR SEWARD MUNICIPAL SMALL BOAT HARBOR DOCK t( V ()" "
r; ~'"'Wi:
This Agreement, made and entered into this 15th day of June, ,(
1965, by and between the CITY OF SEWARD, ALASKA, a municipal corporation
organized under and operating pursuant to the laws of the state of
Alaska, and more specifically executing this document under and by
virtue of the authority contained in Seward Ordinance No. 315,
enacted by the Common Council of the City of Seward on the 7thday of
.T1l1~r , 1962, and Seward Resolution No. }I}IJ~ enacted by the
Common Council of the City of Seward on the ~ day of March , 1966,
.aid City hereinafter referred to as the "LICENSOR", and the HALIBUT
PRODUCERS COOPERATIVE, a nonprofit unincorporated cooperative associa-
tion organized under the laws of the State of Washington, but duly
licensed and operating in conformance with the laws of the state of
Alaska, hereinafter called "LICENSEE".
WHEREAS, the parties hereto have entered into a lease of
limited shoreline land, adjacent to the Seward Municipal small Boat
Barbor dock, to assist the Licensee in the acquisition of adequate faci-
lities for seafood processing; and
WHEREAS, the parties agree that it is essential that the
LICEBSEE initially have access to the municipal small boat harbor dock
adjacent to its leased premises, now, therefore
'1'0 ALL WHO MAY BE CONCERNED HEREWITH, WIT N E SSE T HI
In consideration of the mutual covenants hereafter stated,
the parties hereto agree as followsl
The LICENSOR hereby grants to the LICENSEE a license to
occupy and use, subject to all of the terms and conditions hereinafter
stated, the following described premisesl
Beginning at the NW corner of the Municipal Small Boat
Harbor Dock, located on the northwesterly shore of
Resurrection Bay within the boundaries of the city of
Seward, where said dock joins and intersects the shore-
line, the true point of beginning; thence South for a
distance of one hundred and fifty feet (150'); thence
East for a distance of seventeen feet (17'); thence
North for a distance of one hundred and fifty feet
(150'), thence West for a distance of seventeen feet
(17') to the true point of beginning, comprising
approximately 2,550 square feet;
together with a newly constructed platform on the
westerly side of the above-described portion of the
Municipal small Boat Harbor Dock, measuring twenty
feet (20') by thirty feet (30'), upon which there is
presently located an ice house placed there by the
LICENSEE.
The above-described premises may be occupied and used by the
LICENSEE solely for the purpose of unloading fish from veasels, and
LICBRSEE shall be entitled to install an ice machine, a hoist, and a
grading table on said dock to be utilized by the LICENSEE in the unload-
ing and processing of fiah, and for any other incidental purpose or use
in connection with the LICENSEE'S business as a seafood processor.
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'!'he premi.e. may be occupied and used by tbe LleuSD solely
for the speoific purpose of conducting a s..food proce.sing operation,
and for none other, for the period beginning on June 15, 1965 and
ending on January 1, 1967. LICENSEE shall have the option to renew
this license for periods of one year, provided LICENSEB notifies
LICENSOR within thirty (30) days from the expiration date, or any
renewal thereof, of its election to renew for an additional one (1)
year period. Said notice shall be submitted to the Common Council of
the Ci.;ty of Seward for appropriate action.
All such installation placed upon the above-described portion
of Municipal Small Boat Harbor Dock shall be and remain the property of
the LICENSEE and may be removed therefrom by the LICENSEE at any time.
The construction, operation, maintenance, renewal, and re-
moval of said installation shall be accomplished by the LICENSEE at
its sole cost and expense, and in such a manner as will at all times
enable the LICENSOR and members of the general public and those other-
wise entitled to the use of the Municipal Small Boat Harbor Dock to use
the surface of the remaining portion of the dock area.
The LICENSOR shall not be liable for damages to property or
injuries to persons, including death, arising from the construction,
operation, maintenanoe removal, or activity of the LICENSEE, its prin-
cipals, officers, employers, employees, associates, agents, represen-
tatives, successors, heirs or assigns, licensees or invitees, and the
LICENSEE does hereby agree to protect, defend, save harmless and indem-
nify the LICENSOR, its officials, employees, and authorized representa-
tives against any 108s, cost, damage, expense, judgment or liability
of any kind whatsoever, from or by reason or on account or as a result
of the activity of the LICENSEE.
The LICENSEE hereby covenants and agrees that on or before
the termination of this license, it will remove said installation and
other appurtenances connected therewith from the premises of the LICBN-
SOR and restore said premises to the condition existing at the time
of entering upon the eame under this license, reasonable ordinary wear
and tear and damage by the element., or by circumstance. over which
the LICENSEE has no control excepted.
IN WITNESS WHEREOF, the partie. hereto have executed thi.
document by and through their duly authorized officials a. of the 15th
day of June, 1965.
CI'l'Y OF SEWARD
By. '!:: .tJ:f.~
City Manager
(Seal)
Byz
~~.~7~-
Beatrice E. W~tts
City Clerk-Treasurer
UNITED STATES OF AMERICA )
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
SEWARD REACORDING PRECINIn)
8S.
THIS IS TO CEI\TIFY that on the ...22-. day of V~r<,l;)
,
- 2 -
1966, before ae, the undeZ'aiqned, . Notary Public in and for Alaska,
duly coam1a.ioned and aworna. such, peraonally appeared FRBI) J. WALTZ
and BEA'l'RICE E. WA'I"l'S, known t.o me t.o be the Ci t.y Manager and City
Clerk-Treasurer of the City of Seward, Alaska, respect.ive1y, and each
acknowledged to me that the foregoing instrument was executed by them
in their official corporate municipal capacities, and that each exe-
cuted the same purauant to the authorization of the Common Council of
the City of Seward, Alaska, that 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.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed
my Notarial seal the day and year hereinabove written.
~~;./- ~~u~
Notary Public in and for Alaska
My commission expiresl 2!2e!6e
HALIBUT PRODUCERS COOPERATIVE
By.
President,
~~
By I ,?(j:?'f?~_..i4-
Ih<rSecretary
UNITED STATES OF AMERICA
STATE OF WASBDI'GTCIW
KDIG COUIITY
)
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)
THIS IS TO CERTIFY that on this It 'I:! day of ~
1966, before me, the undersigned, a Botary Public in and for the
county of King, State of washington, duly COllll11illlsioned and sworn a.
such perso ally appeared ~H ~ VFjUI t..t.. and
,JJ . known to me to be the President
e ~ tary respectively of the HALIBUT PRODUCERS COOPERATIVE. and
each acknowledged that the foregoing instrument was executed by th_
in their official corporate capacities, each executed the foregoing
instrument pursuant to authorization of the governing body of the said
cooperative, and each on oath~ated themselves to be authorized by
said cooperative to execute the foregoing instrument, and that the
seal affixed hereto is the official seal of said cooperative.
,
IN WIT1IBSS WHEREOF, I have hereunto
my Notarial seal the day and year hereinabove
and affixed
Notary Pub 1c
County, State
My commission
in and fo King
of Wa.hing~bn
expires I ~ ~ (f (ff