Loading...
HomeMy WebLinkAboutRes1986-079 . . . . sptltored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 86-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE ASSIGNMENT OF LEASE OF CITY PROPERTY FROM HOMES UNLIMITED, INC., TO HAROLD W. JOHNSON WHEREAS, Homes Unlimited, Inc., is the lessor of a portion of City-owned property described as an unsurveyed portion of Block 8, Oceanview Subdivision (site of the former Park Service Headquarters) located at 1215 Fourth Avenue, Seward, Alaska; and WHEREAS, Harold W. Johnson, sole owner of Homes Unlim- ited, Inc., has requested that this lease be assigned from his corporation to himself personally; and WHEREAS, all terms and conditions of the original lease will continue in force; 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 a "Consent of Lessor to Assignment" of City Lease No. RE-013, from Homes Unlimited, Inc., to Harold W. Johnson, a copy of which is attached and incorporated herein by reference. Section 2. This resolution shall take effect immedi- ately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25th day of August 19 86 THE CITY OF SEWARD, ALASKA C-~ GIESELER, MAYOR AYES: NOES: ABSENT: ABSTAIN: BOOHER, GIESELER, GILLESPIE, HILTON & SIMUTIS NONE MEEHAN & SCHOLL NONE -1- . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 86-79 ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK (City 1NAl. rrI ~ Fred B. Arvidson -2- . . . ASSIGNMENT OF LEASE . THIS AGREEMENT, made and entered into between HOMES UNLIMITED, INC., PO Box 70543, Seattle, Washington, 98107- 0543, hereinafter called the ASSIGNOR, and HAROLD W. JOHNSON, 4420 14th Avenue N.~'i'., PO Box 70543, Seattle, Washington, 98107-0543, hereinafter called the ASSIGNEE; WHEREAS, by lease dated January 1, 1968, and recorded in Book 46-R, beginning at Page 275, Seward Recording District, Third Judicial District, State of Alaska, made between the City of Seward and Alaska Marine and Equipment, Inc., as an unsurveyed portion of Block 8, Oceanview Subdivision, City of Seward, Alaska, containing 20,589 square feet more or less, was leased to Alaska Marine and Equipment, Inc., for thirty (30) years from January 1, 1968, and subject to the cove- nants, conditions and stipulations therein contained; and WHEREAS, by Assignment of Lease dated October 19, 1971, Alaska Marine and Equipment, Inc., assigned all of its right, title and interest in said lease to Homes Unlimited, Inc.; WITNESSETH, that in consideration of the sum of ONE AND NO /1 0 OTHS DOLLARS ($1. 00) AND OTHER VALUABLE CONS IDERATION 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 con- tained. . -1- . . . . . ASSIGNMENT OF LEASE - HOMES UNLIMITED TO JOHNSON 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 Assignors and to keep indemnified the Assignor against all actions, claims and demands whatsoever in respect to the said rents, conditions and stipulations, or covenants, anything relating thereto. IN WITNESS WHEREOF, the parties have set their hands and seals on the dates indicated below. ASSIGNOR: ASSIGNEE HOMES UNLIMITED, INC. By: Harold W. Johnson President Harold W. Johnson DATE: DATE: STATE OF ss. On this day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the individual who executed the foregoing instrument, and who acknowledged to me that he executed the same of his free and voluntary act and deed, with full authority so to do and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. NOTARY PUBLIC My Commission expires -2- . . . . . ASSIGNMENT OF LEASE - HOMES UNLIMITED TO JOHNSON STATE OF ss. On this day of , 19 , before me, the undersigned Notary Public in and for said State, personally appeared , known to me to be the individual who executed the foregoing instrument and who acknowledged to me that he executed the same as his free and voluntary act and deed, with full authority so to do and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. NOTARY PUBLIC My Commission Expires ____ -3- . . . . . CONSENT OF LESSOR TO ASSIGNMENT THE CITY OF SEWARD, ALASKA, hereby consents to the above assignment, provided that the covenant in the Lease against Assignment shall remain in full force. , 19 day of DATED this CITY OF SEWARD, ALASKA By: RONALD A. GARZINI CITY MANAGER STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT On this day of , 19 , before me, the undersigned Notary Public in and for said State, personally appeared RONALD A. GARZINI, City Manager of the City of Seward, Alaska, known to me to be the individual who executed the foregoing instrument on behalf of the City of Seward and who acknowledged to me that he executed the same as his free and voluntary act and deed, with full authority to so do and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. NOTARY PUBLIC My Commission Expires