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HomeMy WebLinkAboutOrd1948-182r 1"' 7'N~T ".' - "*"''< .'\ H V);?__. _ ~ ~1'" '. T.'~ J oORDINANOIIO. 182 An .rdinanc. or the City of s....., to provide ror the operation r tb~ Seward lIarine Ways and Facilities and persuant te Ordinance H.. 118 pass.d by the Common Council and retified by the r.quired numb.r ot p.rsons at a special election, authorizing the purchase or the Marine Ways and ll'acllitiu ~'the sal. of re....nu. bonds se.ur.d by pledge or the rey.nu.s .r said utl1it*es and per.uAt to Ordinance No. 181 authorizing the issuanc. and sale or a.lotiabIe interest bearing revenue bondi, with interest b.arinl coupona and wherein the .aid revenue bonds have b.en ilsu.d and ..ld and the Marine Ways and Facilities have be.n purohased rrom the United States Government: Wh.r.as In accordance with s.ction 2383 Sub Section 20 Compiled Gaws of Alaska 1933 the Coamon Council do.. d.clar. that all pr.perty conv.yed by lea.. ror op.ration as set rorth is not required for municipal purposes and that such a lease agr....nt hall be advantag.ous to the City of Seward and that the co.plete ter.. or the lease are fixed and pre.cribed in compliance with said above ..ntloned section and Where,s all terms and conditions as set forth shall conrorm to Chapter 27 ses8ion LaW8 or Alaska 1946. Be it erdained by the Common Council of the Oity of S.ward that the rollowing lease terms 8S set forth as part or thi8 ordinance. Be it ordained by the Common 90uneil pf the Oity of S.ward, con- vi.ned tn special session that 8urfittent e.,rgency exists to re- quire immediate and summary action in connection with this matter s.t rorth in this ordinanc., the rules are hereby suspended and this ordinance shall become erfective rrom the date .r passase and approyal and be it rurther ordained that the Mayor or the City .r Seward, be ordered, directed and .mpower.d to sien allpapera r.quired by the U.S. Government in transferring the prop.rty to the City of Seward. And be it rurther erdained that the City Olerk of the Oity or S.ward is h.reby directed to publish thi8 ordinance by posting a true oopy thereor on the bulletin board of the City Hall, City or Seward, Alaska, for a pari.d or 10 days. P..sed and approved by the Coamon Council of the Oity or S.ward, aat. and approv.d by the Mayor this 1st day i t y.' l Z~;;~~~~~_.~.:~..~._~.,.~,.,. ;'., 1 i I..t-::~_ _.....,t." c '''' r- LEASE This lease, made and entered into this 1st day of March, 1948, by and between the Oity of Seward, Alaska, in accordance ... with the terms and provisions ef Ordinance no. ~ enacted by the Oommon Oouncil of the Oity Qf Seward, Alaska, on the 1st day of Karch, 1948, hereinafter called the Lessor, and Seward Fish & Cold Storage Co., an Al..kan Corporati09, hereinafter call the lessee, WITNESSETH: That the lessor for and in consideration of the rents, cove.. nants and agreements hereinafter mentioned, reserved ane conatined on behalf of the lessee to be kept, paid and performed, and the further covenants on the part of the lessee to establish, operate and expand one or more new industries which w11l benefit the civic welfare of the municipality as hereinafter set forth, does by these pre.ents grant and let unto the said lessee that certain property, situate in the Territory of Alaska, Third Division, Seward Recor... ing Precinct, more particularly described as follows: That certain piee. and parcel of property and facilities commonly known as the Seward Marine WaYs and ~cilities, as bounded and described in, "U.S. Survey Mat Noe 2830 Alaska" and designated on said me~as "Kerine Way<< Tract", a copy of said map being attachea hereto and made a part Shereof for description purposes, EXCEPTING all properties and facilities held for a public use, AND SPECIFIOALLY EXCEPTING all beach lines and facilities located north of the south Breakwater and constituting the small boat harbor", as shown on the aforementioned map, said property and facilities being held by lessor for a public use, and EXCEPTING the building designated on said attached map as power building", but provided that lessee shall have the use of as much of the said "power building" as is now oc. cupied by electric generating and distributing equipment, including the use of said electric generating and distributing equipment, for as long as ~aid equipment shall be housed in the said building by lessee, provided ,said equipment shall be used to supply electric energy only for the premises herein leased. TO HAVE AND TO HOLD the same for a period of x.. ten,years commencing on the 1st day of MarCh, 1948, at and for the yearly rental of FIVE THOUSAND DOLLARS (#5,000.00) in current lawful money of the United States of America, payable as follows: SIX THOUSAND DOLLARS ($6,000.00) upon the execution of this agreement, FIVE THOUSAND DOLLARS $5)000.00) on t.. February 1) 1949, and FIVE THOUSAND DOLLARS ($5)000.00) on the first day of Pebruary of each and every succeeding year except the rental paya.nt due for the tenth year, which said payment shall be in the sum of FOUR THOUSAND DOLLARS ($4,000.00). Provided that the rental payments of FIVE THOUSAND DOLLARS 5,000.00) per year shall be applied as and from the date when lessor has placed le.see in possession of the said premises) provided further that if lessor has not placed lessee in possession of the said premises Kat within ninety (90) days from February 27, 19'8, lessee may at his option cancel this lease and receive a refund of all advance rentals paid except that there shall be de- ducted from said advance rentals paid by lessee the sum of TWO HUNDRED .t&JIII~&&i ($200.00) per month from February 27, 1948, to the date this lease is cancelled by le8see. And provided further that le.see shall carry fire insurance on the above described premises, commencing on the date that lessor becomes responsible for said ~.... premises in lieu of the responsibility now borne 2- r- BY LBSSORt,ONE APPOINTED BY LESSEE AND THE THIRD person appointed jointly by lessor and lessee. It is understood and agreed that in the event said lessee shall hold over at sufferance of lessor after the lease term has expir.d or terminated, said holding over shall be considered a tenancy from month to month only and not a re.ewal of this le8se. The lessee agrees that he will not at any time allow or permit any just lien or liens or other encumb.rances to be placed against the above-described property or any part thereof and that he will at all times hold the lessor harmless and the property exemp. from any expense or charges arising out of any alterations, repairs or improvements of the premises authorized or done pur- suant to l..ssee's request. The lessee further agrees that he will at his own cost at all times during said lease term or .. tenancy at sufferance, w.ll and suffictently repair and "It maintain and keep said premises and every part thereof in good repair, the expense of said repairs and maintenance to be borne by the said 1....., provided however the l.ssee shall not be liable for structural defects existing in said building and prOVided further that the cost of pre.ently needed repairs to the premises in order to place the same and equipment ther.on in usuable condition sh.ul be paid by lessee. In the event that the premises ... above described ahould be destroyed by fire or other casualty, the lessee or the less.r at their option may terminate this lease by giving thirty (30) days notice in writing. In the event the premises above des- cribed should be damaged b,y fire or other casualty so as to become unusable by leslee, the lessee and the lessor shall co- operate in rebuilding and replacing the damaged portions of said pre.i.es and equlpmant, the costs to be borne by lessor to the extent covered by insurance as hereinbefore provided, it being agreed by the lessor and the lessee that rental shall be sus- pended during the period said facilities are unusable by reason of said damage. Nothing in this c luau however shall be con- strued as to release from xta.xt liability either under this lease or otherwise in the event that the loss or damage to the premises shall be caused by the wilful act of lessee. The lessee agrees to carry fire inlurance on the above described premises in the amount of FORTY THOUSAND DOLLARS 40,000.00) during the entirety of this lease term 8S herein- after provided. The lessee covenants and agrees that he will not permit nor suffer any person or persons to use, exercise, carryon or follow in or upon the premises above-aescribed any common nuisance whatsoever and that during the term covered by this leas8, he will not ac conduct or allow to be conducted on the premi... above-described any business or occupation or activity whatso- ever that would jeopardize the fire insurance covering such prop.rty or premises or that would increase in any way the pre- miums to be paid on the fire insurance coverlng sald property. The lesse. hereby agrees not to conduct any unlawful busine.s or businesses nor xi permit the same to be conducted on the said premises and further agrees to comply with all the laws of the United States of America, Territory of Alaska and Oity of Seward in connection with the said business to be carr'ed on in kl the said premises. It is agreed that the lessee shall pay for and be liable for ell utilities inclUding water, lights, power, telephone and otherwise consumed on or furnished to the said premises. The lessor or his agent shall have the right at all reasonable times during the term of this leese to enter upon the said pre- mises for the purpose of inspecting same. In the event that the lessee shall abandon this lease or in the event that the lessee shell breach any covenant h_reinthenandinthatevent, all rentals paid in advance to the .~sor% 4- r by the lessee may be retained by the lessor as liquidated damages and 8S addition&l rent for the use of the premises and all addition. to equipment and improvements installed on the said premises by lessee shall be retained by the lessor as liquidated damages and as additional rent for the use of the premises, anything herein to the contrary notwithstanding. The parties hereto agree that should lessee desire to continue the use of the buildings located on the above..described premises and designated in "U.S. Survey Map No. 2830 Alaska" as "ice storage build" ing" and "carpenter shop building" after a period of three years after 188se. shall have obtained possession of the soble-described premiees, lessee shall pay to lessor for the use of each of said buildings a yearly rental of SIX HUNDRED DOLLAR8 ($.00.00), payable on February 1 of each year of this leas term. Should lessee not desire to use either or both of said designated buildings after a period of three years after lessee shall have obtained possession of the above-des- cribed premises, said buildings shall revert to lessor and be no longer within the terms of this lessee The lessee hereby expressly waives any and all notices required by law to bring an action in foacible entry and d.tainer, ejectment or otherwise to recover possession of the premises including all notices to quit; and in the event that it is necessBry for the lessor to bring an action in law on in equity to recover possession of said pr..isBs, the le.see agrees to pay the costs of said ..tion and a reasonable attorney&s fee to be fixed by the Oourt should the lessor prevail in said action. The lessor hereby covenants that it will not impose any un- reasonable tax on lessee's business during the term of this leas8. Th. le.see agrees to conduct on the said premises a general relrigeration business in accordance with good business practice and to the best of his ability conduct the same continuously during the term of this l.ase, barring strikes and acts of God, and such other business or businesses as econ6.mic conditions prevailing in the area should warrant, and further agrees to make availalbe to the fishing fleet and other enterprises in the area the facilities hereby leased to the end that the fishing industry may be revived and other industries in the Seward area promoted and encouraged by the 8vsilablity of said relrigeration and cold storege and ~rine Ways facilities and the economy of the area benefi tted. The lessee agrees to make available to all~.rsons the facilities of the ~arine Ways and to assess only reasonable charges therefor and fur~r agrees that the terms of this lease insofar as same .pply to said Marine Ways shall not apply in the event that the United States Gov- ernment or any branch, bureau, or department thereof should desire to improve said Karine Ways upon terms and conditions agreeable to lessor and lessee. The said lessor agre.. Bnd covenants that the said lessee paying said rents in the manner aforesaid and performing the other covenants, terms andconditions of this lease on the part of said lessee to be kept and performed may and shall have the right *t all times during the terms of this lease to quietly and peaceably hold, possess, use and occupy and enjoy said lease premises and all improvements which may fr~ time to time be placed thereon by virtue of this lease except as hereinafter provided. The lessee hereby agrees to carry public liability insurance covering accidents and in- juries of all types to ell persons on the said premises, occuring from any reason during the term of this lease, in an amount not less than TEN THOUSAND DOLLARS ($10,000.00). The lessee is hereby given the privilege of using the docks and wharves located on the above-described premises insofar as the use of 88me may be necessary to the conduct of lesse.'s business, such use to be consistent with the use requirements of other public vessels desiring to use the said wharf. It is hereby agreed that the use of said wharves and/or doaks by the United States Govennment vessels shall be in accordance with the provisions of the deed or title by the United States Government to the Oity of Seward with respect to the use of said wharves end/or docks by government vessels, provided however, that in the event ~he 6- r- United States Government sheuld choose to take over the wharves and/or docks or premises to such extent as to seriously hamper or interfere with lessee's business, lessee may at his option terminate this lease by giving sixty (60) days notice in writing. The lessee at all times during the period of this lease term when said premises or any part thereof are being repaired or altered 1in say mann.r whatsoever and particularly at all times when persons are employed in connection with any repair, alteration or improvements or when materials are purchaaed to be used in connection with said premiaes, to keep posted in not less than three conspicuous places on the said premises notices to the effect that lessor is not respon- sible for labor or mat.tials used or furnished in or about the premises, nor liable for da..ges or injuries to persons by reason of accidents occurring thereon. No intent, express or tmplied, by le8sor to any breech of any of l.....'s covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding breach of the same cov..ant or agreement or any other covenant or agreem.nt herein. Th. lesss. shall have the option of renewing this lease for an additional period of ten (10) years upon the same terms end con- ditions as herein contained, provided that written notice of lessee's intention to exercise thi~ option to renew shall be given to lessor at least on. (I) year prior to the expiration of the term of this leau. The provisions of this lease shall extend to and include the heirs! executor8.~.admini8trators and assigns of the parties hereto. N WITNESS wtlEREOF the parties have set their hands and seals the day and year in this instrument first written. SEWARD FISH AND 0 OLD STORAGE COMPANY BY TOM: B. REILLY PRESrDNET CITY OF SEWARD BY o. P. KEATING MAYOR WITNESSES: OSOAR V. DAHL RICHARD O. SBLLERS liD UNITED STATES OF AMERICA) TERRITORY OF ALASKA ) 88 THIS IS TO CERTIFY that on this 1 day of MarCh, 1948 before m. appeared To.. B. Reilly to me personally known, who, being duly sworn, did say that he is the President of Seward Fish end Cold Storage 00" and that 8aid instrument was signed and sealed in behalf of said cor- poration by authority of its board of directors, and said President acknowledged said instrument to be the free act end deed of said corporation. IN WITNESS WHEREOFi, I have hereunto set my hand and officlel seal the day and yeer first in this certificate writteh. UNITEB STATES OF AMERICA) TERRIDTORY OF ALASKA)SS THIS IS TO OERTIFY that on this 1 day Karch, 1948, before me app.ared Clarence p. Iteating, to me personally known, wh., being duly sworn, did say that he is Kayor of the City of Seward, Alaska, and that said instrument was signed on behalf of said Oity and said Olarence P. Keating acknowledged said instrument ~o be the free act and deed of sa id city.. ThOS. E. Hnwell Notary Public in and for Alaska Ky commission expires: April 25, 1950. i6- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate written. Thos. E Huwell Notary ~ubIie in and for Alaska My commission expires: April 21, 1950 I I I Be it further ordained by the Oommon Oouncil of the City of Seward, Alaska, that in co.pli.nce with this ordinance that the 6~000.00 down payment as tendered by the S.war~ Fiah and Cold StorageCompanyshallbeplacedinescrowintheUnionBankofAnchorage,Alaska and that in compliance thereunto that $200.00 per month shall be paid to the City of Seward, for intereat payment to the Bond Holders until such ti.. as possession is tendered to the SewardPiahandOoldStora,e Company, o-.plying with terms as set forth in this ordinance. PaBsed andlpproved after suspension of rules this 1st day of March, 1948 App roved Athat y/~1ty Clerk. 1 7. I