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HomeMy WebLinkAboutRes1994-078 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 94-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONSENTING TO THE ASSIGNMENT OF LEASE INTEREST OF LEASES RE67-038 AND RE75-010 FROM JURIS MINDENBERGS TO NATIONAL BANK OF ALASKA FOR SECURITY PURPOSES WHEREAS, Juris Mindenbergs has requested an assignment of his lease interest in Lots 3, 4 and 8, Block I, Marina Subdivision, to National Bank of Alaska for loan security purposes; and WHEREAS, this is standard practice and does not affect the city's first position as owner of the underlying property; and WHEREAS, there are two earlier similar assignments for security on file that will be cleared and replaced by this assignment; and WHEREAS, all tax accounts, utilities, lease payments and insurance coverage requirements of the affected leases are current; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Consent to Assignment for Security Purposes of lease interest in Lots 3, 4, and 8, Block I, Marina Subdivision, from Juris Mindenbergs to National Bank of Alaska is hereby APPROVED. Section 2. A copy of the consent agreement is attached and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of June, 1994. THE CITY OF SEWARD, ALASKA fJ~~ O~ Dave W. Crane, Mayor CORSEl'fT TO ASSIGNMEl'fT 0,. LEASJt FOR SECURITY PURPOSBS . The City of Seward, Lessor in an Agreement dated May 23, 1984, and recorded on July 24, 1984 by Memorandum of Leases, in Book 34, at Pages 434 & 438, covering the following described property: Parcell: Lots 3 and 4, Block 1, Marina SUbdivision, according to Plat No. 51, Seward Recording District, ThiJ'd Judicial District, State of Alaska, Parcel II: Lot 8, Bloc::k I, Madna Subdivision, accordiug to Plat No. 76-1, Seward RecoJ'ding District, Third Judicial District, State of Alaska. hy and through its hereby consents to the assignment of the right, title and interest of the Lessee in the above referenced agreements, for security purposes, to National Bank of Alaska. . This Consent is given by the City of Seward without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease(s) , and does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. Dated this day of ,1994 CITY OF SEWARD By: Its: . . STATE OF ALASKA ) )SB THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 1994, the , of the City of Seward, Alaska, being personally mown to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for the State of'Alaska My Commission Expires: CUI'ii'iL -RE . . . . , . .. ID:907-.i:63-2582 jiJN 01.-;'4 ':! .,:)15 I~O .UU'4 -- r.U4 COLLATERAL ASSIGNMENT OF BORROWER'S INTEREST AS TENANT IN GROUNDLEASE Juris Mindenbergs (BORROWER) is borrowing the sum of One Million, Onc Hundred Thousand and No/IOOth DOLlARS ($1,100,000.00) from the NATIONAL BANK OF ALASKA, a national banking association, with its principal offices in Anchorage, Alaska (Bank). Such loan is to be secured by a Deed of Trust, Security Agreement, Loan Agreement and related instruments relating to a building and related improvements situated upon a site in the general vicinity of Seward in , Alaska. NOW, THEREFORE, in consideration of the making of such $1,100,000.00 loan by Bank to Borrower, as evidenced by a Note dated of even date herewith, and as an inducement to Bank to make such $1,100,000.00 Joan, Borrower hereby grants, assigns transfers and sets over unto Bank as assignee, its successors and assigns, all of Borrower's inteTest(s) or dght(s) as Tenant in and to that certain Lease Agreement (Groundleasc) dated May 23, 1984, between City of Seward as Landlord and Juris Mindenbergs, as Tenant and recorded July 24, 1984, by Memorandums of Lease in Book 34 and at Pages 434 and 438 in the Seward, Recording District, covering real property morc particularly described as follows: Parcell: Lots 3 and 4, Block 1, Marina Subdivision, according to Plat No. 51, Seward Recording District, Third Judicial District, State of Alaska. Parcel II: Lot 8. Block 1, Marina Subdlvision, according to Plat No. 76'1, Seward Recording Dilitrict, Third Judicial Dilitrict, State of Alaska. and all renewals or extensions thereof, and all of Borrower's rights as Tenant !.hereunder. I. In accepting this assignment, the Bank assumes no liability for the perfonnance of any of the duties or obligations of the Borrower as Tenant under said groundlease. 2. From time to time as the Bank may require, Borrower will execute and deliver such further assignments, or other instruments as Bank may request, for better confirming or securing to Bank its rights under the above-described groundlease and any renewals or extensions thereof. 3. This transfer and ll8..'lignment is made as collateral security for the payment of the Note and the performance of a1l tenos, covenants and conditions of the Deed of Trust, Security Agreement, Loan Agreement and related instrument (Security Instruments) . BORROWER AGREES: . 1. The Borrower will not modify or in any way alter the terms of any such groundlease. . 2. At the Borrower's sole cost and expense, the Borrower will appear in and defend any action growing out of or in any maMer connected with the groundlease or the obligations or liabilities of the Tenant thereunder. 3. Should the Borrower fail to make any payment or to do any act as herein provided, then the Bank, but without obligation so to do, and without notice to or demand on the Borrower, and without releasing the Borrower from any obligation herein, may make or do the same, including specifically, without limiting its general powers, appearing in and defending any action purporting to affect the security hereof, or the rights or powers of the Bank, and performing any obligation of the Tenant contained in the groundlease, and in exercising any such powers, paying necessary costs and expenses, employing counsel, and incurring and paying reasonable attorney's fees; and the Borrower will pay immediately upon demand all sums expended by the Bank under the authority hereof, together with interest thereon at the rate specified in the Asswnption Agreement of even date herewith, and the same shall be added to !laid indebtedness and shall be secured hereby and by the Security Instruments. .. .' 4. After any default by the Borrower, in the payment of said indebtedness, or in the performance of any obligation of the Borrower hereunder, or in the Deed of Trust or any other instrument securing said indebtedness, the Bank, at its option, without notice, and without regard to the adequacy of security for the indebtedness hereby secured, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, may (but in no event shall be obligated to) take possession of the leased premises, and do any acts which the Bank deems proper to protect the security hereof until all indebtedness secured hereby is paid in full, 5. (a) The Borrower has not, except as herein expressly mentioned, executed any prior assignment of any of its rights as Tenant under lhe groundlease; (b) the Borrower ha.~ not done anything which might prevent the Bank from or limit the Bank in operating under any of the proVisions hereof; and (c) the subject ground lease is in fuIJ force and effect. . . 6. The Bank does not asmme, and shall not be obligaled to perform or discharge any obligation under the groundleasc, or under or by reason of this assignment, and the Borrower hereby agrees to indemnify the Bank against and hold it harmless from any and all liability, loss or damage which it mayor might incur under the groundlca8e, or under or by reason of this assignment, and of and from any and 1111 claims and demands whatsoever which may be asserted against it by reason of any alleged obligation or undertakings on its part to perform or discharge such liability, loss or damage under the groundlease, or under or by reason of this assignment, or in defense against any such claims or demands. The amount thereof, including costs, expenses and reasonable attorney's fees, together with interest thereon at the rate specified in the Assumption Agreement of even date herewith, shall be secured hereby and by the Deed of Trust and the assignor shall reimburse the assignee therefor immediately upon demand. " .. .. COMML-RE . ,: ... . .. . ID:907-263-2582 JUN 01'94 9:40 No.004 P.06 7. This assignment shall inure to the benefit of the successors and assigns of the Bank and be binding upon the legal representatives, heirs, devisee~, successors and assigns of the Borrower. IN WITNESS WHEREOF, the Borrower has duly executed the COu..ATERAL ASSIGNMENT this First day of June, J994. Juris Mlndenbergs dba The Breeze Inn X Juris Mindenbergs S'f ATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Juris Mindenbergs, to me known to be the person described in and who executed the within and foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as an Individual, of his free and voluntary act and deed for the useS and purposes therein mentioned. WITNESS my hand and Notarial Seal on the day and year in this certificate first above written. Notary Public in and for Alaska My Commission expires: I 1(1\..,1\..11 r,r . . . ::: :SC?'.-263-2582 JUN 01'94 9:37 No.004 P.U6 ACCEPTANCB Oll' ASSIGNMENT FOR SECURITY PURPOSES Assignee hereby accepts the foregoing assignment of lease for security purposes and agrees to abide by all of the terms and conditions of the lease agreement dated May 23. 1984. between the City of Seward. as Lessor and Juris Mindenbergs dba The Breeze Inn, as Lessee, in the records of the Seward Recording District, Third Judicial District, State of Alaska. PROVIDED. that Assignee shall have no affirmative duties or obligations under the lease unless Assignee takes possession of the leasehold to protect its security interest hereby obtained. ASSIGNEE: N.A.TIOlfAL DANK Oil' ALASKA. . By: Jim McCormack Its: Vice President STATE OF ALASKA ) )SS ) THIRD JUDICIAL DISTRICt THIS IS TO CERTIFY that on this _ day of June. 1994. before me, the undersigned. a Notary Public in and for the state of Alaska, duly commissioned and aworn, per50nally appeared Jim McCormack. Vice President of National Bank of Alaska, named as Assignee, and he acknowledged to me that he e"ecuted the same for and on behalf of said corporation and that he is fully authorized by said corporation 50 to do. Notary Public for Alaska My Commission Expires: CITY OF SEWARD, ALASKA RESOLUTION NO. 94-078 AYES: NOES: ABSENT: ABSTAIN: A TIEST: Anderson, Bencardino, Crane, Darling, Krasnansky, Sieminski None O'Brien None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~r~ City Attorney (City Seal)