HomeMy WebLinkAboutRes1967-644
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WHEREAS, Andrew (Andy) Endresen and Emily Mary Bndresen h.ve ...del L'
application to lease Lot 8 in Block 3 in the proposed Industri.l S~
division in the Municipal Small Boat Harbor area in 'the City of Seward
to condUct a boat building and repair, marine supply and related ..~
vices business; and
WBERBAS, Andrew (Andy) Endresen and Emily Mary Endresen declu. ~.t.
they are prepared to commence construction of the facility duz:ing this
sea.on, which would benefit the area by providing needed .ervice: and
WIIERBAS, the .ttached form of lease offered by the City to the above
named persons for such lease contains all of the provision. for the
protection of 'the City in developing salutary, aotive use of the land
that simdlar leases contain and which have been posted and published
without adverse cOllll'Aent regarding the provision. of such le.... beineJ
filed with the City; and
WHBRBAS, the attached form of lease inc1qdes the additional provision
for revision of the lease rental each five years based upon land value.,
and shall include an addendum setting forth the manner of determining
..id values, of which Page ls is a preliminary statement:
ROlf, 'l'IIZRBPORE, BE IT RESOLVED that. the form of lease attached hereto,
and made a part hereof, be and is hereby approved and the City MaftaCier
and cit.y Clerk-Treasurer be and are hereby authorized and instructed to
sign and deliver said lease for Lot. 8 in Block 3 of the pro~ed
Industrial Subdivision in t.he Municipal small Boat Harbor area in The
~tty of seward, containing 25,740 square feet more or less to be used
to conduct a boat building and repair, marine supplies and related
services business for lease rental of 39 per square foot. per annua for
. term of thirty years, said lease rental to be adjusted in accordance
with the t.ems of the lea.e: that Section 1. (0) of said lea.e form receive
the date of for filing of required plans.and
BE IT FURTHER RESOLVED that Lessee is hereby notified that this approval
of said lease shall be subject to: (1) easement for maintenance or re-
construction of Lessor's water main located approximately as indicated
on the preliminary plat of said subdivision and to be included in detail
in the final plat: and (2) requirement that Lessee shall enter into a
supplemental lease agreement which shall set forth the legal description ,
of the leased property in accordance with the final plat including all
covenants incorporated therein, all as recorded in the Seward Recording
District: and
BE 1'1 PUJt!lttBR RBSOLVED that t.he requirements of Ordinance No. 315 per-
taining to a public hearing be and are hereby waived for the afore.tat.ed
1'ea8008.
This "solution shall be published by posting a copy thereof on the
bulletin board at City Hall and publishing a brief statement of t.he
purposes of said Resolution in a newspaper of general circul.tion in
The city of Seward within a reasonable time: and shall become effective
thirty (30) d.ys thereafter.
P..sed/ and approved by
q day of .
Council of The City of Seward this
, 1967.
>[g:nner
Vice Mayori
Attests
, ~ /~~~ / ~ 7' t~,/~Ck
Beatrice B. Watt..
City Clerk-Trea8urer
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INDUSTRIAL
WIJIl'IIlUlUlI'" KAdc SITE LEASE OF
tltixZi02-A To <ill
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UPLANDS lQv, 7Z~, ~<ff
~i~fJ~,
THIS AGREEMENT made and entered into this ~ day of
July
, 1957, between The City of S~~rd, Alaska acting
through its City Manager and City Clerk as authorized by RESOLUTION
NO. enacted by the Common Council of The city of Seward,
Alaska on the
day of
, 1967, hereinafter
called the LESSOR, and ANDREW (ANDY)ENDRESEN or EMILY MARY ENDRESE~,
d.b.a. E & A BOAT BUILDERS,
of Seward. Alaska , hereinafter called the LESSEE.
TO ALL WHO MAY DE CONCERNED HERE~JITH, \'J I T N E SSE T H :
The LESSOR hereby leases to the LESSEE, and the LESSEE hires
from the LESSOR, for the specific purpose of conducting a Boat
/ and related services
Building & Repair and Marine SuPplYbusiness and for no other purpose
those certain premises situated in The City of Seward, Borough
of Kenai Peninsula, State of Alaska, more particularly described
as follows, to-wit:
Lot 8, Block 3, City of seward Industrial sub-division,
consisting of 25,740 sq ft more or less of upland and the
LESSEE is hereby granted the priviledge of egress and ingress
of Lot 9, Block 3 of sub-division for purposes of conducting
said business.
The LESSEE to have and to hold the same premises for a term
of
thirty
(30) years, beginning on the ~ day of
July
1967, and terminating as of midnight on the ~ day of
July
19~. said lease agreement to b~ re-negotiated in regards to
valuation and annual rental at the expiration of each five (5)
year.period during the thirty
ee Attachment Page 1 A.
(3C, year period.
And See Attachment Page 1 B.
Annual rental to be paid in advance yearly to said LESSOR
or to such other appointee as the LESSOR may from time to time
in writing designate, or to the legal representative of the
LESSOR, at such place as may be designated, on or before the
day of
, 1967, and each year thereafter.
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LAW OFFICES
POI-l.OCK a JOSe:"HSON
SUITE 2,3
325 H 8TREET
A~CHORAGE.ALAaKA
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INDUSTRIAL SITE LEASE OF UPLAN S
WORDING FOR LEASE AGREE
ADOPTED BY CITY COUNCIL ON JULY 24, 1967
The parties agree that the annual
initial five (5) years of the lease term shall be $ 0.03
per square foot, and the parties further agree that at the
expiration of the initial five (5) years of the term, the
said annual rental shall be eight percent (8%) of the appraised
valuation of said land comprising the premises, said appraised
valuation to be determined at the expiration of each five (5)
year period during the term of said lease and the rental to be
recomputed in accordance with such valuation.
Not less than sixty (60) days next preceding the
expiration of each five-year period, the City shall notify the
lessee of the valuation established by the City for the
ensuing five-year period. In the event the appraisal established
by the City of Seward is not agreed to by the Lessee, said
Lessee shall notify the City of Seward of its nonconcurrence
within ten (10) days of the date it receives notice of the
City's valuation and shall within the same period place on
deposit with the City of Seward a one-year rental amount
based upon the City's valuation, to be retained by the City
until an appraised valuation calculated in acoordance herewith
has been satisfactorily established. In such event and under
such circumstances, the lessee having notified the city of its
nonconcurrence with the city's valuation, may employ an
appraiser who is a member of the Society of Real Estate
Appraisers or the American Institute of Real Estate Appraisers
and request that the City secure the services of an appraiser
with like qualifications (the expense of both appraisers to be
borne by the Lessee) to determine the valuation of said land com-
prising the premises, and said valuation shall be completed on
TEL.E.-HONIES
277."" .71..... or before the expiration date of each five-year period. In the
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vent that the appraisers selected by the City and the Lessee
Page 1 B of Page 1,lA, lB and lC
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L....w OFFICES
POLLOCK 8r: JOSEPHSON
S\JITE2.3
:!2$ H STREII!:T
ANCHORAGK,ALASKA
TELISPHONlE8
271-8411 21&*.."
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respectively are unable to agree upon a valuation of the land
comprising the demised premises, they shall certify such fact
to the city and the Lessee, and the city and the lessee
shall jointly designate a third appraiser having like
qualifications, and a decision of the majority of the
appraisers so appointed shall be final and binding upon the
parties. Cost of the third appraiser shall likewise be borne
by the lessee.
When the appraisers or a majority of them have
established the appraised valuation of the land demised, the
Lessee shall pay the City upon the latter's request, and in
no event later than thirty (30) days following such request,
the difference (if any) between the amount previously
deposited based upon the City's appraisal and the amount
required under the rental formula herein provided based
upon the appraisers' valuation, if the latter shall be
greater than the appraisal established by the city and with
which the lessee did not concur. If, on the other hand, the
appraised valuation of the land by the appraisers or a
majority of them shall be less than the City's appraisal,
then the City shall, upon the request of the lessee and in
no event later than thirty days following such request refund
to the lesee the difference between the amount previously
deposited by the lessee and the amount required under the rental
formula herein provided based upon the appraisers' valuation,
if the latter shall be less than the appraisal established by the
city, Erovided however that in no event shall the annual rental
at any time during the term of this lease, or any continuance or
renewal hereof, be less than $ 772.20
net to the Lessor.
Page 1 C of Page 1, lA, 1B and 1C
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The annual rental for the first year to be paid in advance upon
signing this lease and receipt of which is hereby acknowledged.
Annual rental of
Seven Hundred Seventy Two and 20/100 - -
Dollars to be paid for each of the following yearsJ on the ~
day of
July
, 1967 and on the
17thlay of
JUly
,
1968, 1969, 1970, and 1971.
Annual rental of
Dollars to be paid for each of the following years: on the
day of
. 1972, cmd on the _ day of
,
1973, 1974, 1975, and 1976.
Annual rental of
Dollars to be paid for each of the following years: on the
day of
, 1977, and on the _ day of
1978, 1979, 1980, and 1981.
Annual rental of
Dollars to be paid for each of the following years on the
day of
, 1982, and on the _ day of
1983, 1984, 1985, and 1986.
Annual rental of
Dollars to be paid for each of the following years: on the
day of
, 1987, and on the
day of
,
1988, 1989, 1990, and 1991.
Annual rental of
Dollars to be paid for each of the following years: on the
day of
, 1992, and on the _ day of
,
1993, 1994, 1995, and 1996.
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P1 JfI1 yfrJ Yf3
It is further agreed by the LESSOR or by the LESSEE or mutually
agreed between the parties as follows:
1. The LESSEE hereby cov~~ants as conditions necessary to
the continuance of this lease the conditions set forth belows
(a) That it will continue in end diligently pursue an
Boat Building and Repair and Marine SUPpl3 and related
operation as a """'~~R~Jllt services and will
not conduct an operation in lieu thereof for any other
purpose without the prior 'lnr.:'i tten approval of the Common
Council of The City of Se"1::"sd, rzs:::re.:
(b) That it will p?y the rents. taxes, assessments,
insurance premiums, and all other sums when required
to be paid, without delinquency:
(c) That it \nll submit a plot plan and elevations of
any proposed structures for Council approval prior to
any construction to facilitate the LESSOR.S control of
the development of the area in accordance with the over-
all developmant plan for the area:
(d) That it will conform to The City of Seward Building
Code, and to all other laws, rules and regulations of any
duly constituted governmental er.tity having jurisdiction,
(e) That it has examined and knows the conditions of the
said premises, ~~d it h~s received said premises in good
order and condition without any exceptions:
(f) That it will furnish the LESSOR with Certificates
of Insurance (with stipulation thereon that the LESSOR
will be given fifteen (15) days notice in writing of
intent to cancel) evidencing liability coverage in the
amount deemed adequate by the Seward City Manager, but
(1) Not less th~l $50,000.00 of bodily injury
liability coverage per individual and $100,000.00
per accide~t, no less than $25,000.00 of property
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damage liability coverage for claims for damages
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, their
employees, agents, servants, customers, or other
licensees or invitees:
(2) Workman's Compensation Insurance in accordance
,,,i th the laws of the state of Alaska or any
applicable laws of the United state government.
(g) That it will for itself, its principals, officers,
employers, employees, associates, agents, representatives,
successors, heirs or assigns, licensees or invitees,
protect, defend, save harmless and indemnify the LESSOR,
it.s officials, employees, and authorized representatives,
against any loss, cost, damage, expense, judgement or
liability of any kind whatsoever, from or by reason of
or on account of or as a result of the activity of the
LESSEE or its associates under the work contemplated to
be performed by the LESSEE hereunder, including the per-
formance of any labor or the furnishing of any material,
or any claims for injury to persons or property or death
to third parties or to employees of the LESSEE, or for
any damage to any property or claims of liens of work-
men and materialmen of or for LESSEE, or for any other
reason whatsoever, including acts of omission, result.ing
directly or indirectly from the performance of work by
boat building and repair and marine
a ~&ZX~ supply and relate(
the LESSEE in operating
services business
as contemplated by this
document:
(h) That it will not assign this lease, nor let or under-
let the "mole or any part of the said premises without
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the prior written consent of the LESSOR: that it will
not occupy or use the said premises, nor permit the same
to be occupied or used, for any other kind of business
boat building and repair and marine supply and re-
than a ~~~ lated services business;
(i) That it will conform with all requiremr~nts of police,
fire safety, or other laws. rules or regulations of any
government agency having jurisdiction over the premises
or operation of the business of the LESSEE: and that
it will not permit any unlawful or prohibited activity
on said premises:
(j) That it will pay all municipal, borough. state, and
federal taxes which may be assessed by any appropriate
taxing authority against inventory, stock, equipment,
fixtures, improvements, income, or otherwise, whether
within or on said leased premises, as t.he same shall
become due: and shall likewise make timely payments
of any le<Jal assessments against the property:
(k) That it will pay the cost of heat, water, gas,
electricity, garbage and refuse collection, sewage,
or any other utility serving said leased premises,
for Which a utility is assessed:
(1) That it will at all times keep the premises neat
and clean, and in a sanitary condition:
(m) That it will allow the LESSOR or the agent of the
LESSOR free access to said premises at all reasonable
times for the purpose of inspection:
(n)
That
it will proceed wit.h due diligence to construct
boat building and repair and marine
building for ~~xsesZKBxaRk supply and related
a permanent
servies
business on said premises wit.hin ten (10) months of
the date first \~itten or this lease shall be null and
void:
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r--------------- _____~___m_____
.
(0) That it will ~ubmit to the city Manager preliminary
boat building and repair and marine
plans for a P&KmaHeRkxeafeXaEXXesEaHB&Kkx supply and related
services business
by
as evidence of compliance
with Section 1 (n).
'PRe l.BfS:OEB cCve:Plan:t3 t:l.a't ttpOI~ cou,pl~L~()l.l or lln:::
any temporary. buildings
entirely
premises
at its
event of
or inability
of the LESSEE to
improve-
ments from
indicated, the
LESSOR may
to be the expense of the
LESSEE,
e LESSEE confesses judgement cost that
therewith, including a reasonable a
3. That t.he LESSEE covenants that in the event it shall
violate, refuse, or omit to perform any of the covenants
or conditions herein contained, or in case the said leased
premises shall be vacant, abandoned, or deserted by the
LESSEE, the LESSOR or any other person or persons by its
order, may re-enter the same, either by force or otherwise,
without baing liable to any prosection therefore: and,
in such event, the LESSEE further covenants that the LESSOR
may elect either to terminate the term of this lease or
renewal thereof, or may relet the said premises at any time
as the agent of the LESSEE or otherwise, for whatever rent
it shall obtain, applying such rent first to the payment of
such expenses as the LESSOR may be put to in re-entering
and re-letting, and then to the payment of the rent due
hereunder and the fulfillment of the LESSEE'S covenants,
thereafter paying over to the LESSEE the balance, if any:
and, further in such event, the LESSEE covenants that in
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in the event of a deficiency, the LESSEE shall remain liable
therefore~ except that violation of Section 1 (n) shall cause
this lease to be null and void:
4. That the LESSEE covenants that in the event this Agreement
is terminated by LESSOR under the covenants of Section 3 and
Sectiong of this Agreement, that any permanent improvements
and appurtenances, and all and singular the tenements, here-
ditaments and appurtenances thereunto belonging or in anywise
appertaining, shall become the property of the LESSOR to
peaceably and quietly have, hold, and enjoy:
5. I,IEJ:\'S AND CLAIMS: LESSEE ag ees to save LESSORS harmless
from any claims, causes of act.ion, or mechanics' or material-
men.s liens arising out of the use and occupancy of the demised
premises by LESSEE, and LESSEE specifically agrees to suffer
no lien to be placed on the premises by virtue thereof, or
by reason or any alterations or repairs ordered or contracted
for by LESSEE, during the term t.hereof~
6. In consideration of the premises, the LESSOR hereby
covenants and agrees with the LESSEE as follows:
(a) That at the time of the ex~cution of this document,
it is the sole owner in fee simple of the premises hereby
demised, and has the full right to lease the same for
the term aforesaid and under the condition contained
herein (it is expressly understood between the parties
that the above covenant of the LESSOR constitutes a
warranty by it, and in the event it does not have the
title and rights aforesaid, in that event only this
lease shall become voidable at the option of the LESSEE,
and no rent under such option would be due for the
remainder of the term aforesaid):
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(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 performance
of the covenants herein by the LESSEE, it shall be
authorized to peaceably and quietly have, hold, and
enjoy the demised premises for the term and subject
to the conditions herein~
(c) The LESSOR shall not unreasonably withhold its
consent to an assignment or subletting of the leased
premises by the LESSEE ~
business
the
shall conform
7. The covenants, .oondi tions, stipulations and aqreements
contained herein are interdependent, and are binding upon
the legal representatives, successors-in-interest or assigns
of the parties.
8. It is understood and agreed by the parties hereto that
neither party shall have the right to terminate this lease
for the default of the others unless such default remains
uncured for thirty (30) days after notice in writing to
the oeler party, specifying the nature of the default~
provided, however, that if because of circumstances beyond
the control of the LESSOR it cannot cure a default on its
part within such time, and such default does not interfere
with the use, occupancy, and quiet enjoyment of the leased
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premises by the LESSEE, then the LESSOR shall have a
reasonable additional time within which to cure such default:
9. It is understood tnd agreed by the parties hereto that
the covenants, conditions, stipulations and terms of this
document shall inure to the benefit of and be binding upon
not only the principals, but their assigns, or successors-
in-interest.
10. This instrument contains the entire agreement between
the parties, and no statements or inducements shall be
valid or binding if made by either party hereto, which
are not contained in a duly executed rider to this document.
Accordingly, this contract may not be enlarged, modified,
or altered except in writing duly executed by the parties
with like formality.
IN W~TNESS t~REOF, the parties hereto have executed this
document by and through their duly authorized officials as of
the
day of
, 1967.
TUE CITY OF SEt-lARD, LESSOR
By:
Kester L. Dotts
City Uanager
By:
Beatrice E. Watts
City Clerk-Treasurer
ACI<Not'JLEDGEr.mN'l'
S'1'1.TE OF ALASKA )
) SSe
THIlU) JUDICIAL DISTRICT )
On this day of , 1967, before me,
the undersigned, a Notary Public in and for the said state, per-
sonally appeared Kester L. Dotts and Beatrice E. Watts, respectively
City l.ianager and City Clerk-Treasurer of The City of Seward, knO\ffi
to me to be the identical individuals who executed the foregoing
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instrument and they acknowledged to me that ';,hey executed the sa'tle
as their free and voluntary act and deed, with full authority so
to do and with full knowledge of its contents, for the uses and
purposes therin p,",ntioned.
IN WITNESS ~mEREOF, I have hereunto set my hand and affixed my
official seal the day and year written above.
Notary Public, my commission
expires
LESSEE:
E & A BOAT BUILDERS
By:
(Owner) Andrew (Andy) Endresen
By:
(Owner)
Emily Mary Endr4sen
ACIG10l'JLEDGEHENT
STATE O~" ALASKA )
) SSe
THIRD JUDICIAL DISTRICT )
On this
undersigned,
appeared
respectively
day of , 1967, before me, the
a Notary Public in and for the said State, personally
~f
, knO\~ to me to be the identical individual_
who executed the foregoing instrument and __he_ acknowledged to
me that __he_ executed the same as free voluntary act and
deed, with full knowledge of its contents, for the uses and pur-
poses therein mentioned.
IN WITNESS ~rrD7,REOF, I have hereunto set my hand and affixed my
official seal the day and year written above.
Notary Public, my commission
expires
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