HomeMy WebLinkAboutRes1993-152
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE ASSIGNMENT OF
LEASE OF SMALL BOAT HARBOR BOARDWALK LEASE SITE
NO.3, WITHIN BLOCK 6, OCEANVIEW SUBDIVISION,
FROM TRAILS NORTH, INC., TO CARL AND KIM HUGHES,
DBA AURORA CHARTERS
WHEREAS, Trails North, Inc., lessee of Small Boat Harbor Boardwalk Lease Site
No.3, Block 6, Oceanview Subdivision, has sold its building and lease interest to Carl and
Kim Hughes, dba Aurora Charters; and
WHEREAS, both parties wish to have the lease agreement associated with this
parcel assigned from Trails North, Inc., to Carl and Kim Hughes; and
WHEREAS, it has been determined that the proposed continued use of the land
as a charter boat office is compatible with the zoning uses allowed in the Harbor
Commercial District; and
WHEREAS, it has been recommended that all lease, utility and tax accounts
associated with this lease site be brought current as a condition of the city's consent to
this lease assignment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to execute the Assignment of
Lease Consent, a copy of which is attached and incorporated herein by reference, for
Small Boat Harbor Boardwalk Lease Site No.3, Block 6, Oceanview Subdivision, from
Trails North, Inc., to Carl and Kim Hughes.
Section 2. Execution of the Assignment of Lease Consent on behalf of the city is
contingent upon all lease payments, utilities and tax accounts associated with the lease
site having been brought current.
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
25th day of October, 1993.
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~OOK '7(; PAGE Sf{ lo
5~ ~ DiIaIic&
ASSIGNMENT OF LEASE
TlUS AGREEHEB'r, made and entered into between TRA:ILS NORTH
INC., of P.O. Box 1907, seward, Alaska 99664 hereinafter called
the ASSIGNOR and CARL AND K:IK BUGHES DBA Aurora Charters of P.O.
Box 241, Seward, Alaska 99664 hereinafter called the ASSIGNEE;
WHEREAS, by lease dated April 28, 1986, and recorded by Lease
Memorandum on July 2, 1986, in Book 43, beginning at Page 921,
Seward Recording District, Third Judicial District, state of
Alaska, made between the City of Seward and Trails North Inc., the
premises described as Small Boat Harbor Boardwalk Lease site No.3,
a portion of Block 6, Oceanview Subdivision, city of Seward,
Alaska, containing 900 square feet more or less, were leased for 10
years from the 14th day of May, 1986, and subject to the covenants,
conditions and stipulations therein.
WITNESSE'1'B, that for valuable consideration paid by the
Assignee to the Assignor, receipt whereof is hereby acknowledged,
the Assignor assigns to the Assignee the premises described in said
lease for the unexpired term of said lease, subject to the payment
of rents and performances of the covenants, conditions and
stipulations therein.
The Assignee covenants during the continuance of said term to
pay the rents reserved and to perform the covenants, conditions,
and stipulations in said lease to be performed by the Assignor and
to keep indemnified the Assignor against all actions, claims, and
demands whatsoever in respect to the said rents, covenants,
conditions, and stipulations, or anything relating thereto.
IN WITNESS WHBREO~, the parties hereto have set their hands
and seals on the dates indicated.
ASSIGNOR: TRAILS NORTH INC.
ASSIGNEE:
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~y te: ;:J~ /!j;S-HJ
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_OOK 10
Seward Recording
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Dist..i.ct
CONSENT OF LESSOR TO ASSIGNMENT
The city of Seward hereby consents to the above assignment,
provided that the covenants, conditions, stipulations in the Lease
and all amendments thereto shall remain in full force.
16 day of NOli.
DATED this
, 1993.
THE CITY OF SEWARD, ALASKA
'~, iP~-
T!L . ONE
CITY MANAGER
ATTEST:
APPROVED AS TO FORM:
WOHLFORTH, ARGETSINGER, JOHNSON
AND BRECHT, Attorneys
fo~tr~
BY:
CITY ATTORNEY
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<.Ci ty Seal)..
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STATE'lOP' >J.ASKA )
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THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this J c.5 day of AJ c ~ ,
1993, before me, the undersigned, a Notary Pub 'c in and for the
State of Alaska, personally appeared \ ( i .;,.... known
to me and to me known to be the lndlVl.dual named l.n and who
executed the foregoing document, and he acknowledged to me that he
signed and sealed the same as his free and voluntar~ act for the .
uses and purposes therein set forth. <f. pr-L'::->icu..d... OrTY?}'.):::, fIOf-+-<'. I ill:..'
WITNESS my hand and notarial seal the day and year first
hereinabove written. ,)
m...__ ,.~::--._- ?kh.cxl f:;t r:~SlYe Y'fLU' /
Notary PubllC in and for Alaska
My commission Expires:
Leue .,4..a.iCn-' RE-OSO
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STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
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Seward Recording Diltric:c
THIS IS TO CERTIFY that on this i ;:; day of N () J ,
1993, before me, the undersigned, a N~ta~ Pub~ic i~ a~d for the
State of Alaska, personally appeared (tp \. UILL\V'JU , known
to me and to me known to be the indi v1dual nalUd in and who
executed the foregoing document, and he acknowledged to me that he
signed and sealed the same as his free and voluntary act for the
uses and purposes therein set forth.
WITNESS my hand and
hereinabove written.
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
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THIS IS TO CERTIFY that on this ~S day of N r) J ,
1993, before me, the undersigned, a N~~ary ~ublic in and for the
State of Alaska, personally appeared \:S..: m L;' It'.....L:a..VUV , known
to me and to me known to be the Individual nQed in and who
executed the foregoing document, and he acknowledged to me that he
signed and sealed the same as his free and voluntary act for the
uses and purposes therein set forth.
WITNESS my hand and notarial seal the day and year first
hereinabO'v....WJ::i:t.ten..~--_n..... ~,
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Return to:
City of Seward
P.O. Box 167
Seward, Alaska 99664
Leue .4alc~- JlE.05I
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1n and for Alaska
Expires:
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-152
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY OF SEWARD, ALASKA
fJn f f2 u.9. C Ao"i\L
Dave W. Crane, Mayor
Anderson, Bencardino, Crane, Krasnansky, O'Brien, Sieminski
None
Darling
None
A TIEST:
(City Seal)
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
~r~
City Attorney