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Home My WebLink AboutRes1993-160 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONCURRING WITH THE KENAI PENINSULA BOROUGH PLANNING COMMISSION DECISION TO VACATE A PORTION OF VAN BUREN STREET WHEREAS, on November 8, 1993, the Kenai Peninsula Borough Planning Commission approved the vacation of that portion of Van Buren Street between Lot 19, Block 11, and Lot 1, Block 3, Laubner Addition, as requested by petitioners Judy Goreson and Diane Carlson; and WHEREAS, this action was taken by the borough planning commission in accordance with recommendations received from the city administration and the city planning commission; and WHEREAS, consent of the City Council is required before the requested vacation can be finalized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council consents to the vacation of that portion of Van Buren Street between Lot 19, Block 11, and Lot 1, Block 3, Laubner Addition, as requested by petitioners Judy Goreson and Diane Carlson. Section 2. A copy of this resolution shall be forwarded to the Kenai Peninsula Borough Planning Director. 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 22nd day of November, 1993. THE CITY OF SEWARD, ALASKA . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-160 AYES: NOES: ABSENT: ABSTAIN: A TrEST: Anderson, Bencardino, Darling, Krasnansky, O'Brien & Sieminski None Crane None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~.r~ (City Seal) City Attorney EXH/BIT /9 f , ('" r"_ ~ (~ .. 1 --, , , L'''' .- , \) l.. / \ -' '-.I r.....)~ _ , ~ T I?O.E. S.89'.G547~rv. 325.00 YJ ,- -...... ,,- -- - -I- \~ <::l 5eWARlJ SN/.f'S O/filYDOCk <::l ~ " .. t G'A34 ~ 9ZJ 9$0 ~ n -: ~ . .~ ~ . ~ ~ ) -. --' , S'.8902,il7-W. 32~. iJo' ~ " .,z s- ' 4ZS- I pO.C. ~ Car. (/.1.<( /6~/i4&i'i't.... --- ~I'ioo.- ..-/.,./",,,", ("0,-' f \ 35~9. 5C. N. 50/~. 54 C. . "l \) ~ ~ '- S. d9..G? 47" w: -Y5a.~___-.....\ ~ \(I /859./t;. ~80.47 ~ ~ . ~ ~ I~ .~ ~ ."l l;) I:) 'i ~ . ~ . ~ ':l ~ '1 SCAl. c r;jtJO' \ S. t:. ,"0' (/.s.J~2' /iT ~(.)( I./.'I ,8.C I /&<11./0 AI. -z- 5033.~1 E. A:h~ /0 -17- 8e! DE~ 15_. ~ 14 r~ '8B c.~ FI "IJb' L. : C;tt{~ U "'mc~~\ A~ q g ldDtf-- A 0 L GAL 0 SEWARD MARINE INDUSTRIAL PARK FOR SEW ArlO SH I PS CHANDLERY 'I. ALASKA LAND SURVffi P;r,mond H 8ur~ RPlS 3753-5 P"x 228. ~.....erG.t-r: 9%6'1 rn 907-22'\-3026 1 '.-: ~ " ,-,r- (,[ ~\',.L,!: : :- J. I. 't 1':'" ,-;.::: STATEOFA~SKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~day of OdvIP..vL..-, 1993, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared JAMES T. PRUITT, known to me and to me known to be the individual named in and who executed the foregoing document, and he acknowledged to me that he signed 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 hereinabove written. ~~c.:..o.- ~ ,~~ Notary Public in and for Alaska My Commission Expires: ~(o STATEOFA~SKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of ,1993, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared TYLER JONES, known to me to be the City Manager of the City of Seward, and known to me to be the individual named in and who executed the foregoing document, and he acknowledged to me that is authorized to execute the foregoing document by authority granted him in the Charter and Code of Ordinances for said City and for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: AFF03830 . . I. Section 3. Except as expressly provided herein, the leasing of the Additional Land shall be subject to all the terms and conditions of the Lease as interpreted by the Arbitrators' Decision. Except as expressly provided herein, all terms and conditions of the Lease as interpreted by the Arbitrators' Decision remain in full force and effect. Section 4. The Lease as interpreted by the Arbitrators' Decision and amended by this Amendment contains the entire agreement of the parties with respect to the matters covered by the Lease as so interpreted and amended, and no other agreement, statement or promise made by any party which is not contained in the Lease as so interpreted and amended shall be binding or valid. Section 5. This Amendment shall be effective 31 days after the passage and posting of Resolution No. 93-t11 of the City approving this Amendment. CITY: LESSEE: CITY OF SEWARD, ALASKA JAMES T. PRUITT dba SEWARD SHIPS CHANDLERY ~-wCJ~ MES T. PRUITT TYLER JONES, CITY MANAGER ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the City of Seward, Alaska ~f~ Thomas F. Klinkner City Attorney Linda S. Murphy, CMC/AAE City Clerk [City Seal] AFF03830 AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement (the "Amendment") dated as of August 1, 1993, between the City of Seward, Alaska (the "City"), whose address is P.O. Box 167, Seward, Alaska 99664, and James T. Pruitt d/b/a Seward Ship's Chandlery (the "Lessee"), whose address is P.O. Box 944, Seward, Alaska 99664. WHEREAS, City and Lessee entered into a Lease Agreement effective as of September 22, 1988 (the "Lease"), a memorandum of which was recorded at Book 53, Page 255, Seward Recording District, Third Judicial District, State of Alaska, under which Lessee leased from City certain real property located in the City of Seward and delineated and described in Exhibit A hereto (the "Original Leased Land"); and WHEREAS, certain rights and obligations of City and Lessee under the Lease were determined by an Arbitrators' Decision and Order dated January 4, 1993 (the "Arbitrators' Decision"); and WHEREAS, Lessee desires to lease from City and City desires to lease to Lessee certain additional real property delineated and described in Exhibit A hereto (the "Additional Land") consisting of 126,350 square feet, more or less, adjacent to the Original Leased Land, for the rent set forth herein and under the terms and conditions of the Lease as interpreted by the Arbitrators' Decision. NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: Section 1. Effective August 1, 1993, the "Leased Land" referred to in the Lease shall consist of the Original Leased Land plus the Additional Land. Exhibit A hereto shall replace the original Exhibit A to the Lease. The Additional Land shall be subject to survey and platting as provided in Sections 1.2 and 1.3 of the Lease, provided that the time for Lessee to conduct a survey of the Additional Land shall run from the effective date of this Amendment set forth in Section 5. Section 2. From August 1, 1993 through September 30, 1995, the annual rent for the Additional Land shall be $0.16 per square foot, resulting in a total annual rent for the Additional Land of $20,216.00. Thereafter, rent for the Additional Land shall be subject to adjustment as provided in Section 5.2 of the Lease. Lessee has paid in advance six months' rent for the Additional Land in the amount of $10,108.00. Rent for the Additional Land for the period from February 1, 1994 through March 31, 1994 shall be due and payable January 1, 1994. Thereafter, rent for the Additional Land shall be payable at the same times as rent is payable for the Original Leased Land under Section 5.1 of the Lease. AFF03830