HomeMy WebLinkAboutRes1978-018
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4/27/78
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 78-18
A RESOLUTION DISPOSING OF CITY-OWNED LAND
BY LEASE TO THE NORTH PACIFIC RIM CORPORATION
WHEREAS, the City of Seward, Alaska, is the owner of that certain
real property described as follows:
that certain structure commonly referred to as the
"Old Alaska Railroad Carpenter Shop" located on
Tract 2, City of Seward Waterfront Tracts, as shown
on the survey of same prepared by Hewitt V.
Lounsbury and Associates, dated September 1, 1969,
and presently filed with the City of Seward, and
WHEREAS, the City is committed to assisting in the development of
an expanded youth recreation program for residents of the City, and
WHEREAS, the City Council hereby determines that the above-described
real property has not been previously dedicated to a public use or purpose, and
WHEREAS, the City Council believes that the short term lease of
the above-described property to the North Pacific Rim Corporation would greatly
facilitate the development of such a program;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Seward, Alaska, that the City of Seward, Alaska, hereby disposes of the above-
described real property pursuant to the Lease Agreement attached hereto and
incorporated herein by reference.
AND, BE IT FURTHER RESOLVED that the City Manager is hereby authorized
and directed to execute said Lease Agreement.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 24th day of April, 1978.
CITY OF SEWARD, ALASKA
,;
AYES:
NOES:
ABSENT:
CAMPBELL, GILLESPIE, HUGLI, LEER, MOTT AND VINCENT
NONE
POTTS
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I 4/14/78
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"''T
LEA S E
A G R E E MEN T
THIS AGREEMENT is made this day of , 1978;
by and between the City of Seward, Alaska, a municipal corporation,
organized and existing under the laws of the State of Alaska, here-
inafter referred to as "Lessor"; and North Pacific Rim, an Alaskan
corporation, hereinafter referred to as "Lessee".
WIT N E SSE T H
WHEREAS, the Lessor is owner of that certain real propert~
described below, and
WHEREAS, the Lessor has no immediate need for the said
property, and
WHEREAS, the Lessee desires to lease the property for an
: indefinite period for the use as a youth center;
NOW, THEREFORE, it is agreed as follows:
1. Demising Clause. The Lessor does hereby lease, let
and rent to Lessee that certain real property described as follows:
that certain structure commonly
referred to as the "Old Alaska
Railroad Carpenter Shop" located
on Tract 2, City of Seward Water-
front Tracts, as shown on the survey
of same prepared by Hewitt V.
Lounsbury and Associates, dated
September 1, 1969, and presently
filed with the City of Seward
2. Term. This lease shall be for two years, after which
time the parties hereto may negotiate an extension.
3. Consideration, The rental shall be one dollar ($1.00)
per year, payable in advance.
4. Utilities. Lessee shall pay all utilities in con-
nection with the occupation of the premises including, but not
limited to, heat, lighting, sewer, water and garbage collection
costs.
5. Insurance. Lessee shall be required at all times
from the date hereof to carry general public liability insurance
on the said property which will provide insurance coverage against
claims arising out of bodily injuries occurring on the premises to
the extent of two hundred thousand dollars ($200,000) per claim
and to carry standard fire insurance to protect against both
damage to the demised premises and the surrounding structures
arising from fire on the demised premises. Lessor shall in all
events be named as a named insured on such policy or policies.
Fire insurance proceeds arising from damage to the building shall,
at the option of the Lessor, be applied to the repair or recon-
struction of the demised premises or such other use as the Lessor
shall, in its sole discretion, determine.
6. Permissible
the demised premises any
State or Federal law, or
Activities. Lessee shall not conduct on
activity which is in violation of City,
which constitutes a public nuisance.
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7. Fixtures. Any permanent improvements made to the
premises including, but not limited to, heating, electri-
plumbing systems shall become a permanent part of the
premises upon installation.
8. Condition of Premises. Lessee shall return the de-
mised premises to the Lessor in the same or similar condition to
that existing at the commencement of this Agreement, subject to
normal use and deterioration.
9. Major Repairs. Lessee shall not be responsible for
, any major repairs to the structure or roof of the demised pre-
,mises. If the demised premises is destroyed in whole or in part,
the Lessor shall have the right to terminate this Lease as of the
date of such destruction.
10. Default. If the Lessee should fail to perform each
and every condition of this Lease Agreement for a period of ten
(10) days, Lessor shall have the right to terminate the lease
,immediately, re-enter and retake the premises without prior notice
! The failure of Lessor to terminate the Lease, re-enter and retake
il the premises upon learning of the failure of the Lessee to perform
: a particular condition of this Lease shall not be deemed as a
i:waiver of Lessor's right so to terminate, re-enter and retake.
"
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CITY OF SEWARD, ALASKA
Clarence E. Johnson
City Manager
ATTEST:
JoAnne E. Shanley
, City Clerk-Treasurer
(City Seal)
NORTH PACIFIC RIM
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DeTenty Tabios
Executive Director
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(Seal)
APPROVED AS TO FORM:
i
I,HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN
iAttorneys for the City of Seward
Ranald H. Jarrell
I
Resolution No. 78-18
Page Two
ATTEST:
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JoAnne E. Shanley (
City Clerk-Treasurer
(City Seal)
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
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Ranald H. arrel