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HomeMy WebLinkAboutRes1979-001 r CITY OF SEWARD, ALASKA RESOLUTION NO. 79-1 A RESOLUTION PROVIDING FOR THE LEASE OF LOT 15, SEWARD INDUSTRIAL PARK TO SEWARD FISHERIES. , WHEREAS, the Seward City Council finds that the lease of !:Lot 15, Seward Industrial Park, from the City of Seward to Seward IFisheries is in the public interest, and that the public interest !will not be served by an appraisal of this property, and the offer- ling of this property for lease at public auction or by sealed bid. 'iThe reason for this is that the fish processing industry in the !ICity of Seward is to be encouraged, and the lease of this property ,ito Seward Fisheries will do just that. THEREFORE, THE CITY OF SEWARD RESOLVES, that the City 1 i;Manager is authorized and directed to negotiate the lease of Lot 15 i (in the Seward Industrial Park to Seward Fisheries at a rental of i i:not less than twelve (12) cents per square foot per year, the term~ ,'and conditions to be similar to those under which Seward Fisheries , '~as already leased property from the City and in such form as is !,satisfactory to the City Attorney. I , ;Seward, I , PASSED AND APPROVED by the City Council of the City of Alaska, this ~th day of January , 1979. j, '7 /) ;h . /(. 'L' / " ,r-----~. if /(;\ '1' ,l I . HAYO !' '" " " , " , i:AYES: CAMPBELL, HUGLI, POTTS, SORIANO AND SWARTZ " , liNOES: NONE !iABSENT: GILLESPIE AND LEER I ,. I " i ATTEST: I, I' /" '; "I 1.\ I - I I I liAPPROVED AS TO FORM: I:HUGHES, THORSNESS, GANTZ, 'I[POWELL & BRUNDIN, Attorneys Ifor the City o~.l2eward 1;/) //1(--,6 A -" /Jj !iBY ~rA/ /: ;/ftt/I' " " Ranald .. Jarrel ~. LEASE THIS AGREEMENT, made and entered into as of the day of , 1979, by and between the CITY OF SEWAR~a municipal corpor- ation, organized and existing under the laws of the State of Alaska, Ihereinafter called the "City", and SEWARD FISHERIES, a joint ventur Icomposed of Petersburg Fisheries, Inc. and Viking Seafoods Company, i (hereinafter called the "Lessee", 1 I I The City, for and in consideration of the rents to be paid and Icovenants to be performed by the Lessee, does hereby demise, rent land lease unto the Lessee the following real property located in I . Fhe Seward recording district, third Judicial district and more par- ~icularly described as follows: WITNESSETH: i 1 II Ii . ~ereinafter called the "Premises", together with, all and singular, It . the tenements, hereditament and appurtenances thereto belonging or Ii i~n anywise appertaining, for a term of twenty-five years and nine , onths beginning on the 1st day of January, 1979, and extending to PARCEL A Lot Fifteen (IS), Plat of Seward Industrial Park, a portion of U.S. Government Survey No. 241, Seward, Alaska, located in Section 3, Tract 1 South, Range 1 West, Seward Meridian, Alaska. ~nd including the last day of September, 2003. I j In consideration of the mutual covenants herein contained, the I ; 'arties hereby agree as follows: 1. RENT. Lessee will p?y to the City a ground rental for the remises of twelve (12) centsper square foot per year. The rent shall i :e paid annually in advance, and shall be due not later than the ~5th day of January for each January through December period. Rent ~or the last year shall be apportioned. Rent payments shall be made I' ~t the office of the City Clerk, City of Seward, or such other place i: ~s the City in writing may designate. ,I I I I I I, \' !: 2. RENTAL ADJUSTMENT. , I \ lin this lease, may further adjust the annual rental at five-year I. d . I~ntervals ur~ng the lease term in order to obtain the fair rental I \value to the City of the leased premises. However, the rental ad- !justment shall take effect at the same time as the rental adjustmen Ion Lots 13 and 14 of the Seward Industrial Park becomes effective !according to the lease agreement entered into by the parties hereto Ion October 1, 1973, which shall make the first rental adjustment i tioccur less than a full five years from the date hereof. .\ i , liof each interval of five years or more, the City shall give notice lIto the Lessee of the adjusted annual rental, the Lessee shall make l!its objection to the City in writing not less than thirty (30) ~days after receipt of this notice and shall request an appraisal Ii !;as to the fair rental value of the property. Failure to object l!timelY to I' (! i' l~alue shall be determined by a panel of three appraisers. The ! (a) The City, notwithstanding any other provisions (b) At least sixty (60) days prior to the expiratio the adjusted rental shall constitute a waiver of objection. (c) If objection is filed, then the fair rental' I :City shall select one appraiser, the Lessee shall select a second I FPpraiser, and these appraisers so selected shall select a third. i ~ll appraisers shall be certified by a reputable national associa- Ition, unless the parties mutually agree otherwise. I i I ishall not include any improvements placed on the premises by the I i 'Lessee or its predecessors in interest, but shall include all im- , 'provements placed on the premises by the City if not purchased or I rtherwise paid for by Lessee. Any appraisal of the premises shall :consider any limitation of use imposed under the terms of this I I ilease upon the Lessee, of any patent, deed, lease or grant from I ~he united States to the City or of any lease from the State of I I Alaska to the City. I (d) The determination of the fair rental value -2- ,. r~ -~~ -.., . -- '-.---..-- I " I I I (e) The costs of such an appraisal shall be borne lequally by the parties hereto, but in the event that the appraisal i lequals or exceeds the adjusted fair rental value as determined by I h . it e C1ty, the Lessee shall bear the full cost of the appraisal. (f) The Lessee shall pay to the City the adjusted I I lannual rental as determined by the City until such time as the ap- .lpra.isal and amount of annual rentals to be adjusted is finally de- I, . !termined between the parties. I (g) The fair rental value as deterMined by a major- lity of the appraisers shall be binding on both parties, except the I :annual , , , jibe less " l:above . I' 3 j" . rental in respect of each parcel during any term shall not than the respective rents specified in paragraph one (1) USE OF PREMISES. The Lessee shall: r " ii 'purposes, (a) Use the leased premises for marine oriented and non-marine oriented purposes consistent with its ma- lirine oriented business. i (b) Keep the entire premises and the improvements i ,thereon , I in a neat and orderly condition and in good repair at all I I the City Manager or his authorized representative) , h d d" f 'd . I 1nspect t e use an con 1tlon 0 sal premlses :times, and permit ! ! Ito enter upon and i ;at all reasonable times during ordinary business hours. , I ! (c) Refrain, at all times, from obstructing or foul- , I ling I . !t10n I iany I the grid of the Small Boat Harbor, and will clean such obstruc- or fouling, if any, at Lessee's expense and pay the City for damages suffered thereby. (d) Construct on the premises at its own expense a i I ~acility capable of processing the harvest of the "bottom fishing" I (industry. The plans for such facility shall be submitted to the I 10' ~ity Council not later than January 31, 1909i construction shall l!comP1Y with plans approved by the City Council. Construction shall I~e completed within two years after the date on which the City Coun- ~il approves such plans. II 0' Ii Ii -3- 4. IHPROVEMENTS. (a) Prior to.the issuance of a building permit for any improvements, Lessee shall furnish the City with a copy of a ,contract Bond covering one hundred percent (100%) performance and lone hundred percent (100%) payment of labor and materials, in which jthe City is named as co-insured, in such form as is acceptable to Ithe City, which will save the City free and harmless from and indem-I rifY it against all claims for performance and/or labor or materials lfurnished in connection with the construction of improvements on thel ~e.sed premises. and the cost of defending against such cloims, in- I :C1Udi~g reasonable attorneys' fees. I I (b) That any aboveground installations, fixtures ,I..or ~mprovement s . t' h ft 1 d t hId -L now eX1S 1ng or ereo. er p ace on e ease pre-. I! llkises by Lessee shall be and remain the property of Lessee, and !that upon the termination of this lease for any cause the Lessee ~hall have the right to remove any such surface installations, fix- Ill. . . . :tures or ~mpr~vements ~t any t1me prlor to nlnety j:suCh termlnatlon; provlded, however, further that .j l:ground installations, fixtures or improvem(mts shall not be removed lion or before the expiration of said 90-day period, the City at l.ts , ; i I (90) days after I if any such abov(.,., j , , :option may either retain the said instcl11ations, fixtures and im- i I rrovements, orrnay remove, sell or destroy the same at the expense ~f the Lessee, and the Lessee hereby agrees to pay the reasonable i ! t:net expense so incurred by the City. 1\11 under9round installai.: ions , :shall remain the property of the City upon termination of this I 11ease for any causej provided, hO\-lever, that the Lessee, with the I ~rior written consent of the City, may sell any and all of the in- I istallations, fixtures and improvement s b('longing to or constructed 'by the Lessee, to any assignee or sublessee to whom this lease may I I I !,be assigned or sublet; provided, further, that no such sale ond ; iassignment or sublease shall be allowed for the purpose of curing orl i ~obviating any willful breach of lease covenants by said Lessee, nor I :shall any such sale and assignnent or sublease operate to extend the I Itermination date of this lease or any extension thereof. i I' Ii Ii , -4- ec) At the present time, it is contemplated that \Lessee may not construct a dock over the grid of the Small Boat I ( ,Harbor, but that Lessee may construct a wharf abutting on the lease !premises. Any such proposed structure must be specifically approve [bY the City and all other governmental and regulatory agencies 'whose approval is required by law. Any wharf or facility construct led pursuant to this paragraph shall not be removable by Lessee, but I i Ishall remain attached to the land at the termination of the lease. I I t ! i jthe Lessee shall pay before delinquency all charges levied against lithe property, including utility bills and special a.ssessments for lipublic improvements; all licenseanCl. excise fees, and occupation I I! ~taxes on property of \' ron the II ::fer I, Ii . 'maln 5. UTILITIES, TAXES AND LICENSES. In addition to the rent, taxes I I I I Ii I ~ 6. LIENS. Lessee will not permit any mechanics', laborers' I Ii Ii i~r materialmen's liens to stand against the leased premises or im- , ~ ' !,provements for any labor 'or ma_terial furnished to Lessee or to Les- lsee's agents. contractors, or sublessees, in connection with work I !:performed or claimed to have been performed on said premises or im- ! I!provements by or at the direction or sufferance of Lessee; provided,! I I 'however, Lessee shall have the right to contest the validity or i 'amount of any such lien or claimed lien. i , I test, Lessee shall give-to the City reasona.ble security as may be i ldemanded by the City to insure payment thereof and prevent any sale, I , 'foreclosure or forfeiture of the premises or improvements by reason I I 'of such non-payment. I l:times the amount of such lien or claimed lien. - Such security may , libe accomplished by filing a lien release bond. On final deterr.-.ina- I:tion of such lien or such claim for lien, Lessee will ir:unediately !pay any judgment rendered with all proper costs and charges and I, I' Hshall have such lien released or judgment satisfied at Lessee's own' " i' !expense. I, Ii the Lessee on the leased premises and any leasehold interest created by this lease agreementi and suf- no lien or ptner encumbrance to attach to the property and re- thereon which might adversely affect the interest of the City. In the event of such con-- Such security need not exceed one and one-half -5- r~ .1 It is expressly agreed, however, that Lessee shall not be re- jquireq to pay, discharge, or remove any tax (including penalties land interest), assessment, tax lien, forfeiture or other imposition I I lor charge upon or against such premises, or any part thereof, or i lthe improvements at any tiMe situated thereon, so long as Lessee lshall in good faith contest the same or the validity thereof by ap- I jpropriate legal proceedings, and shall give to the City prompt no- I I 'tice in writing of such contest at least ten (10) days before any I !delinquency occurs, and said legal proceedings shall operate to Ii j'vent the collection of the tax, assessment, forfeiture, lien or ~osition so contested, and/or the sale of said premises, or any ! :thereof, to sa.tisfy the same, and that pending any such legal pro~ I pre-' i r im- : , I part I ! :ceedings the City shall not have the right to pay, remove or dis- I: !icharge the tax, assessment, forfeiture I lien or imposition thereby I:contested, provided Lessee shall, prior to the date such ta.x or im- ~Position is due and payable, have given such reasonable security as I~ay be demanded from time to time by the City to insure such pay- I:ments and prevent any sale or forfei tur0' of the> lease pn~mi 50'S by I, ~reason of non-payment, not to exceed one and one-half times the , , , iamount ! fal ties of such tax, assessment, forfeiture or lien, and all pen- i :see promises and agrees, within five I :termination I thereof adversely to Lessee, f I In tIp event of any such contest, 1,,'5'-': I ! I lo fully pay and. discharqe i (S) days after the final de- and interest thereon. the amounts involved in or affected by such contests, together with ! any penalties, fines, interest, costs and expenses that may have !accrued thereon or that may result from any such action by Lessee. I I . I I Any proceeding or proceedings for contesting the validity or J ! I;amount of taxes, assessments, or other public charges, or to recove~ Pback any tax, assessment or other jmpositi.on paid by Lessee, may be' I: . .. h f I ibroUght by Lessee in the name of the C1ty or 111 t e name O. Lessee, I ior both, as Lessee may deem advisable; however, if any such proceed-. ling b.> brought by Lessee. Lessee sholl indemnify and save the City I I;harmless against any ilnd all loss, cost or expense of any kind that I' I rmay be imposed upon the City in connection therewith. I , -6- r I , I I I I I 7. ASSUMPTION OF LIABILITY AND INDEr1NITY. Lessee agrees that I lit will indemnify and save the City harmless from any and all lia- lbility, damage, expense, lawsuits, claims or judgments arising from I t iinjury to person or property on the lease premises which arise out I 'of the act, failure to act, or negligence of any person other than the ,City or its lawfully acting agent. Lessee agrees to assume the I 'ldefense, and pay the costs thereof and any judgment which may be ,entered, of any action which may be brought against the City becaus I IOf Lessee's operation., I 8. INSURANCE. Lessee agrees to maintain proper liability in Isurance in regard to the leased property and its operations thereon I !:with a reputable insurance company or companies satisfactory to the ,I ! [City, in the minimum limits of 1 ,I Ii ($ 2 0 0 , 000 . 00) li($500,000.00) I. , TWO HUNDP~D THOUSAND DOLLARS (per person) and FIVE HUNDRED THOUSAtm DOLLARS (per accident or occurrence) for bodily injury death, land in the minimum limit of ONE HUNDRED THOUSA1~D DOLLARS , , 11($100,000.00) for property damage, and thereafter in such increased iamounts as the parties may from time to time mutually agree upon, jto indemnity the City and Lessee against any such liability or ex- i , ipense. The City shall be named as one of the insureds, and shall ~be furnished with a copy of such policy or policies of insurance or ! iappropriate certificate of such insurance and coverage. I , : 9. TERMINATION - RIGHT OF MORTGAGEE. If Lessee at any time !during the term of this lease (and regardless of the pendency of an i , lbankruptcy, reorganization, receivership, insolvency or other pro- IlceedingS, in law, in equity, or before any administrative tribunal, I I :which have or might have the effect of preventing Lessee from com- jPlYing with the terms of this lease) shall (a) fail to make paymentJ lof any installment of rent or of any other sum herein specified to , I :bepaid by Lessee, or (b) fail to observe or perform any of Lessee' !other covenants, agreements or obligations hereunder, and if any !SUCh default shall not be cured as to (a) within sixty (60) days !after such failure to make payment, or within fifteen (15) days I I !after notice thereof, whichever is less, or as to (b) within sixty I I I , il -7- I. Ii r 1(60) days after the City shall have given to Lessee written notice, IspeCifYing such default or defaults, Lessee shall not have commence,; Ito cure such default and proceed diligently to cure the same, or if i ILessee, finally and without further possibility of appeal or review;' I a. Is adjudicated a bankrupt or insolvent~ or I Ii II Ii II I i I . f lor ~ Lessee shall make an assignment for the benefit of its credi- II litors, then in any such event the City shall have the right at its I !election, then or at any time thereafter, and while such default or b. has a receiver appointed for all or substantially all of its business or assets on the ground of Lessee's insolvency, or c. has a trustee appointed for it after a petition has been filed for Lessee's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose. , " ~defaults shall continue, to give Lessee notice of the City's inten- I:tion to terminate this lease and all Lessee's rights hereunder, on I' t da date specified in such notice, which date shall not be less than II - 'ilt en (10) ~a~s a~ter the date of giving of such notice, and on the i:date spec~f~ed ~n such notice, the term of this letting and all I: ~rights granted Lessee hereunder shall come to an end as fully as if ~SUCh date were the year of the whole term hereinabove specified, rand Lessee here covenants peaceably and quietly to yield up and ~surrender to the City said leased promises and all structures, !buildingS, improvements and equipmeni located thereon, and to exe~ i lcute and deliver to the City such instrument or instruments as ! :shall be required by it as will properly evidence termination of I fLessee's rights hereunder or its interest therein. In the event I I :of termination , i i jshall have the of this lease as prov.ided in this paragraph, the City' right to repossess the leased premises and such I I :structures, buildings, improvements and equipment either without I , ~rocess of law or through any form of suit or proceedings, as well I las the right to sue for and recover all rents and other sums accrue, iup to the time of such termination, including damages arising out of i I ,:any breach on the part of Lessee. The City shall also have the' i Ii i Ii ,i i: -8- r~ I , i I I Iright without resuming possession of the premises or terminating I I Ithis lease, to sue for and recover all rents and other sums, includ I ling damages, at any time and from time to time accruing hereunder. I ! For the purpose of interim or permanent financing of the con- i . f' ;struct~on 0 ~mprovements upon the leased premises and for no other i Ipurpose, Lessee shall have the right, without further consent of Ithe City, to encumber by mortgage, deed of trust or other appro- !priate instrument, Lessee's interest in the leased premises and in ! land to this lease, provided such encumbrance pertains only to such i lleasehold interest and does not pertain to or create any interest in I I ithe City's interest in or title to the leased premises. i If Lessee shall mortgage this leasehold in accordance with the I ~foregoing provisions, the City agrees that so long as any such leasehold mortgage shall remain unsatisfied of record, and written I,notice of such leasehold mortgage is given to the city, the follm.,- I,ing provisions shall apply: r (a) Except as provided in (b) hereof, there shall be no can- Icellation, surrender, acceptance of surrender, or modification of ~ . ,this lease, nor a merger of the fee and leasehold estates, without I ;the prior consent in writing of the leasehold mortgagee; I (b) The City shall, upon serving upon Lessee any notice of ~default, or any other notice under the provisions of or with re- I I ispect to this lease, simultaneously serve a copy of such notice upon I I :the holder of such leasehold mortgage and no notice of such default :shall be deemed to have been duly given unless and until a copy , i ;thereof has been so served upon the leasehold mortgagee. :is given to Lessee i :complained of, and I to remedy or cause to be remedied the defaults The lease, I I I I [hold mortgagee shall thereupon have ten (10) days more time than I the City shall accept such performance by or at I the instigation of such leasehold mortgagee as if the same had been done by Lessee; (c) Anything herein contained notwithstanding, while such i 'leasehold mortgage remains unsatisfied of record, if cn event or I' i j: I! r -9- r I I, i , ,!events of default shall occur, which under any provision of this I !lease shall entitle the City to terminate this lease, and if before' I .ithe expiration of ten (10) days of the date of service of said ter- ~mination notice, such leasehold mortgagee shall have paid to the !!City all rent and additional rent ane. other payments herein pro- [Ivided for, and then in default, and shall have complied or shall :engage in the work of complying with all of the other requirements I I lof this lease, if any, which are then in default, then in such event! ithe City shall not be entitled to terminate this lease and any no- l II I :tice of termination theretofore given shall be void and of no effect. , I i i 10. QUIET POSSESSION. Provided Lessee is not in default here-, , ! that Lessee shall have peaceful and quiet en- I i ! peace-: f I i I I , I \ , ,:under, City covenants " .. boyment of the leased premises without hindrance on the part of the ; :' ICi ty , i i'ful " I ill. CONDEMNATION. In the event I jpart thereof, shall be'condemned I' :public use, then upon payment of I .. l' . i,from such condemnation, there shall be such divic;]on of th~' pro- I' :,ceeds, such abC'ltement .in rent payable during the term or any ext ,'n- i "sion of the term hereof, and such other adjust.r1ents as the parties I' Imay agree upon as being just ana equitahle under all the circum- fstances regardless of any technical rule of law. If the City and Lessee are unable to agree within thirty (30) days after such an , I :award has been paid into Court upon ,'ihat divicd Ui', annual abate- and that the City will warrant. and defend Lessee in the and quiet enjoyment of the leased premises. the leased premises, or any and taken for a public or a quasi- any aWdrd or COlll]hmsation arising ment in rent, and other adjustments are just and equitable, the , Ildispute shall be determined by arbitration. 12. SUBSIDENCE. The City will not be responsible for any ,: I'washout, subsidence, avulsion, settling or reliction to the leased I' I~remises, nor for any injury caused thereby to the property of the I " ~Lessee or any sublessee, or that of any other person. The City lis not obligated to replace, refill or improve any part of the ~leased premises during Lessee's occupancy, in the event of such I: !washout, subsidence, avulsion, settling or relict'ion , I' -10- ,,""- I I I I I IIf i 'the I I I I i i I 13. NOTICES. All notices hereunder may be delivered or maile mailed, they shall be sent by certified or registered mail to following respective addresses: To City: City Manager City of Seward Post Office Box Seward, Alaska. 337 99664 To Lessee: c/o Petersburg Fisheries, Inc. Post Office Box 747 Petersburg, Alaska 99833 I i , lor to such other respective addresses as either party hereto may I !hereafter from time to time designate in writing. Notices sent by , , ;mail shall be deemed to have been given when properly mailed, and ~the postmark affixed by the United States Post Office shall be con- 'I I, l'clusive evidence of the date of mailing. ,. " " i: ! l: I~f ingress and egress to and from the leased premises for the pur- 14. RESERVATION OF RIGHT-OF-WAY. The City reserves the right I, I i'pose of constructing and maintaining existing utilities and utili- [ties which may be installed at Lessee's request. Ii II I' ,:served to the City is intended to be exclusive of any other rem~~dy Itherein or by la\\1 provided, but each shall be cumulative and shall ~be in addition to every other remedy given in this lease or avail- 11 il lable under law. i 16. ASSIGNMENT OR SUBLEASING. I 15. CITY'S REMEDIES. No remedy herein conferred upon or re- i I I I I . . d d . 11 Except as prov1 e 1n paragrap , I :9 hereini the Lessee shall not assign this lease nor sublet any in- I I , iterest in the premises or any part hereof hereinbefore described, I . . inor permit the occupancy of any part thereof by any other person, I i ;without the prior written consent of Ii [that any violation of this covenant the City, and the Lessee agrees will, at the option of the City,! , :work an immediate forfeiture of the lease. Business arrangements i I ;with independent contractors in allied businesses which Lessee i iallows to operate as an adjunct to its marine-oriented business, or ;storage of boats, shall not constitute a subletting under the terms i , !:of this paragraph. 11 , II I -11- IU 17. EXTENT OF RIGHTS, RESERVATIONS OR COVENANTS. The granting I lof this lease does not in and of itself carry with it any rights, ! ireservations or covenants regarding the use of dock facilities of !the City which are now in existence or will, during the term of this I ilease, be constructed or put into use. I ! i , I !binding upon the parties hereto and their respective successors and !assigns as fully and to the same extent as though specifically men- !tioned in each instance, and that all covenants, stipulations and , I I lagreements in this lease I ,I ~assignee or sublessee of the lessee. I: IN WITNESS WHEREOF, the part ies hereto have executed this rby their duly authorized officials RS of the day and year first \; labove-written. I i I I r' !: i: Ii I' I , 18. BENEFIT. This lease shall inure to the benefit of and be shall extend to and be binding upon any By C;:--E. -Johnson, City Mana.ger I I I Lease I I I I I' I I , CITY OF SEH1\HD I:. !Attest: I " i: I City Clerk i , ! ;Approved as to form: ! I! ! City Attorney SE\'lAHD .,~"ISHE~IES" a ~oint venture! BY: PLfERSBURG FISHERIES, INC., its managing agent 13y_ JUDICIAL DISTRICT ) ) ss. ) STATE I: Tl!I RD OF ALASKA , I I 'rHIS IS TO CER'i'IFY that on the day of , 1975,. , --- I :before me, the undersigned, a Notary Public in and for AlaskR, duly ; commissioned ?nd sworn as such, persona~ly i).pp"an~c1 C. E. d<:hnson I~known to me and known to me to be the Clty Manager of the Clty of :Sewarc1, Alaska, and acknowledged to me that the foregoing instru- Ument was executed by him in his official municip~l c~pacitYr and I (that he executed the same pursuant to the authorlzat1on of the Com- I ,1 -12- , , , I limon Council of the City of Seward, Alaska, that same was executed l:as the free and voluntary act and deed of the municipal corporation I ifor the uses and purposes therein mentioned, and o~ oath stated I ,:himself to be authorized by the municipal corporation to execute Ithe foregoing instrument. Ii r IN WITNESS WHEREOF, I have hereunto set my hand and affixed l:my Notarial Seal the day and year hereinabove written. I I, 11 1\ Notary Public in and for Alaska My Commission Expires: Ii l; ,STATE OF WASHINGTON >) I 5S. j:COUNTY OF KING > t I I THIS IS TO CERTIFY that on this day of , 197~, 'before me, the undersigned, a Notary Public in and for the State of 1 : Washington, duly commissioned and sworn as such, this day personally :appeared , the Vice President of ! ;Petersburg Fisheries, Inc., and acknowledged that he executed the . :same on behalf of said corporation as the free and voluntary act land deed of said corporation for and in behalf of the joint venture :of Seward Fisheries by authority of the Agreement of Joint Venture :for the use and purposes therein set forth. I IN WITNESS WHEREOF, I have hereunto set my hand and c.ffixed 'my Notarial Seal the day and year hereinabove ~ritten. I' , L Notary Public in and for the State of Washington, residing in Seattle. ; i I i; I: r I I r r I i: i: I' I: I' I " Ii I. i i' i' -13-