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HomeMy WebLinkAboutRes1977-049 r= 11/10/77 RHJ:lb CITY OF SEWARD, ALASKA RESOLUTION NO. 77-49 A RESOLUTION PERMITTING AMENDMENT OF LEASES OF LOTS 11, 12, 13 & 14 OF THE SEWARD INDUSTRIAL PARK WHEREAS, City of Seward, Alaska, did lease Lot 10 of the Seward Industrial Park to Seward Fisheries (a joint venture composed of Petersburg Fisheries, Inc., and Viking Seafood Company, herein called "Seward Fisheries") or its predecessor in interest by City Council Resolution #769 adopted on the 10th day of November, 1969, and WHEREAS, in later rezoning and replating the area, the former Lot 10 was added to and made a part of Lot 11 of the Seward Industrial Park, and WHEREAS, the City of Seward, Alaska, did lease Lot 12 of the Seward Industrial Park to Seward Fisheries or its predecessor in interest by City Council Resolutions #754 and 755 adopted on the 25th day of August 1969, and WHEREAS, the City of Seward did lease Lots 13 and 14 of the Seward Industrial Park to Seward Fisheries or its predecessor in interest by Ordinance #397 adopted the 14th day of January, 1974, and WHEREAS, the leases presently covering Lots 11, 12, 13 & 14 of the Seward Industrial Park allows assignment by Seward Fisheries of its lease hold interest to a lender only for the purpose of securing a loan for construction of facilities on the lease premises, and WHEREAS, Seward Fisheries has arranged for a loan for operating purposes not connected with construction on the lease premises and will be required by the lender to assign the said leases to secure that loan, and WHEREAS, the City Council has no objection to this particular form of assignment NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: the Leases on Lots 11, 12, 13 & 14 of the Seward Industrial Park be amended by adding to end of the second paragraph of Section 9 thereof the following terms: The lessee may assign the lease to secure other loans not connected with such con- struction when the City Council by resolution consents to such assignment for a particular loan. The City further agrees to be bound by and observe all notice provisions of paragraph 9 (a), (b) and (c) with respect to lenders for whom such assignments are approved by City Council resolution. r ~ 1 BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY EXERCISE ITS POWER TO CONSENT TO THE ASSIGNMENT BY SEWARD FISHERIES OF ITS INTEREST IN LEASES COVERING LOTS 11, 12, 13 & 14 of Seward Industrial Park to Seattle-First National Bank for security on loans presently negotiated with said bank in the amount not to exceed nine million dollars ($9,000,000). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 14th day of November ,1977. CITY OF AYES: CAMPBELL, GILLESPIE, HUGLI, LEER, MOTT, POTTS AND VINCENT NOES: NONE ABSENT: NONE ATTEST: APPROVED AS TO FORM: ~L~ J Anne E. Shanley City Clerk-Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward ;e~ ~?l[#dl Rana1d H. Jarr 1 (City Seal)