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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING THE ASSIGNMENT OF LEASE
INTEREST IN BOARDWALK LEASE SITE NO. 2
WHEREAS, W. Wood and Marlene Cole, lessees of Boardwalk site
No.2, have sold their leasehold improvements to Richard and Linda
Worobel: and
WHEREAS, both parties now request that the lease be assigned
to the new owners: and
WHEREAS, the proposed T-Shirt/Gift Shop business was located
in the adjacent rental site last season, and this use continues to
be an authorized use in the Harbor Commercial District:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
section 1. The Assignment of Boardwalk Lease site No. 2 from
W. Wood and Marlene Cole to Richard and Linda Worobel, a copy of
which is attached and incorporated herein by reference, is hereby
approved.
section 2. 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 March, 1991.
THE CITY OF SEWARD, ALASKA
C' r;> ,I/V!
/(L\'~L --.4 - 1':. c-4L~
David L. Hilton, Mayor
AYES:
Burgess, Dunham, Hilton, Krasnansky, Meehan, Sieminski
and Simutis
None
None
None
NOES:
ABSENT:
ABSTAIN:
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-031
ATTEST:
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(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7~J it! a1.-'--
Fred B. Arvidson
city Attorney
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B00K~PAGE~
Seward Recording District
ASSIGNMENT OF LEASE
THIS AGREEMENT is made and entered into between W. WOOD AND
MARLENE COLE, of P.O. Box 1929, Kenai, Alaska 99611 hereinafter
called the ASSIGNOR and RICHARD A. AND LINDA J. WOROBEL of P.O. Box
2072. Seward, Alaska 99664 hereinafter called the ASSIGNEE.
WHEREAS, a lease, dated May 14, 1986, and recorded by Lease
Memorandum May 22, 1986, in Book 93, beginning at Page 930, Seward
Recording District, Third Judicial District, state of Alaska, was
made between the City of Seward and J.B. Bennison, for the premises
described as Small Boat Harbor Boardwalk Lease site No. 2 within
Block 6, Oceanview Subdivision, city of Seward, Alaska, containing
900 square feet more or less, for 10 years from the 12th day of
June, 1985, and subject to the covenants, conditions and
stipulations therein.
WHEREAS, by Assignment of Lease dated June 24, 1987 and
recorded August 26, 1987, in Book 48 beginning at Page 256, said
lease was assigned from J.B. Bennison to Jeanne Maddocks subject to
the original lease covenants, conditions and stipulations; and
WHEREAS, by Assignment of Lease dated September 1, 1987, and
recorded October 8, 1987 in Book 48 beginning at Page 924, said
lease was assigned from Jeanne Maddocks to Marv F. and Linda L.
Mardock, subject to the original lease covenants, conditions and
stipulations; and
WHEREAS, by Assignment of Lease dated May 1, 1989, and
recorded May 17, 1989 in Book 54 beginning at Page 576, said lease
was assigned from Marv F. and Linda L. Mardock to W. Wood and
Marlene Cole, subject to the original lease covenants, conditions
and stipulations as amended; and
WITNESSETH, that in consideration 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.
NOW THEREFORE, 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.
RECEIVED
J U l 2 3 199J.
, ,~ l,..-ir 'Ht:
l...j: ,.j ,-
ell'! CLERK
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PAGE TWO
RE-048 ASSIGN
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,....rJ Recording District
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the dates indicated.
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Marlene Cole
Date:
:5""-3 - '71
ASSIGNEE:
.f.A2J. {' , ~l ){-]. (( Jc><-. ~_#'
ichard A. Worobel
~:V(A Q, t~~'IJJ
. a J. W6'robel
Date:
"i- 3- C; !
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.
nfAl
g day of
DATED this
ATTEST:
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(City ,Seal)
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(y) AY
, 1991.
THE CITY OF SEWARD, ALASKA
0)11
APPROVED AS TO FORM:
PERKINS COlE, Attorneys
for the City of Seward
~N~
FRED B. ARVIDSON
CITY ATTORNEY
RECEIVED
MAY 0 8 1991
Ol-FICE OF THE
CllY CLERK
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PAGE THREE
RE-048 ASSIGN
STATE OF
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THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this '3,.J day of JI.1I't101 ,
1991, before me, the undersigned, a Notary Public in and for the
State of .\L.~~A , personally appeared IA{ WOOb ~ MlU1lhl~ {,oIb ,
known to me and to me known to be the indiv1dual named 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.
, ~ ;" ,,;
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". 'I., WITNESS
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:h~i'.e'inaboV{t!~+ i tten.
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hand and notarial seal the day and year first
Notary Public
My Commission
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STATE OF ALASKA )
) SSe
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ,,?/"' day of /J-pn / ,
1991, before me, the undersigned, a Notary Public in and for the
State of Alaska, personally appearedKt( 1/(1/':/ if Lt1c/1i Uh,;LbeJ , 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 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
hereinabove written.
(.\
, (.v...Ka
in and for Alaska
Expires:
Return to:
City of Seward
P.O. Box 167
Seward, Alaska 99664
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