HomeMy WebLinkAboutRes1987-074
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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING A LONG TERM LEASE OF A
SMALL BOAT HARBOR WATERFRONT SITE TO
RAY AND LESLIE SIMUTIS
WHEREAS, Ray and Leslie Simutis have submitted a
proposal to the city to lease a t5,000 square foot parcel
straddling Block 6, Oceanview Subdivision and Alaska
Tideland Survey 174, along the Small Boat Harbor waterfront
for development of a restaurant; and
WHEREAS, the city of
property for development of
waterfront boardwalk; and
Seward has previously leased
commercial businesses along the
WHEREAS, the Simutis proposal compliments the city
waterfront boardwalk development concept plan; and
WHEREAS, a recently appraised lease rate of $0.40 per
square foot per year was established for similar, adjacent
property leased to the U.S. Coast Guard;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The city manager is authorized to execute a
long term lease agreement, attached and incorporated herein
by reference, with Ray and Leslie Simutis for a !5,000
square foot parcel of Small Boat Harbor waterfront property
lying within Block 6, Oceanview Subdivision, and Alaska
Tidelands Survey 174.
Section 2. The appraisal rate of $0.40 per square foot
per year, established for the similar, adjacent Coast Guard
lease site, reflects a fair market lease rate for the
proposed lease; therefore, the public interest would not be
served by expending funds on a new appraisal.
Section 3. In as much as the proposed lease is compli-
mentary to the city overall objective of a commercial
waterfront boardwalk along the Small Boat Harbor shore, and
that a fair market lease rate is obtained, the public
interest would best be served by entering into the negoti-
ated lease referred to in Section 1, above.
Section 4. This resolution shall take effect thirty
(30) days following its adoption.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-074
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this ~ day of August , 19~
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
DUNHAM, GIESELER, HILTON, MEEHAN & NOLL
NONE
BOOHER
SIMUTIS
ATTEST:
(City Seal)
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
'7~ 11/ ~
Fred B. Arvidson
City Attorney
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GROUNl LEASE
BETWEEN
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eIrt OF SEWAm, AlASKA
AND
RAY AN) LESLIE SIMUTIS
CONTRACT NO. RE-060
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CIrt OF SEWARD, ALASKA
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'GROUND LEASE - SIMUTIS
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ARTICLE I. DEMISE (legal description)
ARTICLE II. CITY'S WARRANTY OF QUIET ENJOYMENT
ARTICLE III. LEASED LAND ACCEPTED "AS IS"
ARTICLE IV. USE OF LEASED LAND
1. Use
2. Assignment/Sublease
ARTICLE
V. LEASE TERM
1. Commencement and Expiration
2. Options and Extensions
3. Holdover
4. Surrender of Possession
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, , ARTICLE VI. RENT
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1. Due
2. Determination of Rental
3. Additional Rent and City's Right to Cure Lessee's Defaults
4. Late Payment Penalty
ARTICLE VII. TAXES AND ASSESSMENTS
1. Lessee to Pay Taxes
2. Lessee to Pay Assessments
3. Pro-ration of Taxes and Assessments
4. Contest
5. Lessee to Pay Utility Charges
ARTICLE VIII. CONSTRUCTION BY LESSEE
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1. Lessee's Right to Build - General Conditions
a. Cost of Construction
b. Kept Free of Liens
c. Contractor Bonding
d. Construction Diligence and Continuity
2. Lessee's Ownership of Trade Fixtures. Machinery and Equipment
3. Lessee's Right to Remove Improvements and Ownership Thereon
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CITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
. ARTICLE IX. LIENS
l. Prohibition of Liens on Fee or Leasehold Interest.
2. Removal of Liens by Lessee
3. Notice of Non-responsiblity
ARTICLE X. INDEMNITY
ARTICLE XI. INSURANCE AND RESTORATION
1. Liability Insurance
a. Limits
b. Determination of Adequacy
c. Cancellation Notice
d. Waive Rights of Subrogation
I' e. Forms
f. Change of Minimum Requirements
2. Fire and Extended Coverage Insurance
3. Blanket Insurance
4. Additional Named Insured; Rights of Mortgagees (Lenders)
5. Restoration of Buildings and Improvements
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" ARTICLE XII. CARE OF LEASED LAND, ACCESS OF THE CITY
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. , 1. Care of Leased Land
" 2. other Access Rights of the City
3. Avoidance of Prescriptive Rights
ARTICLE XIII. COMPLIANCE WITH LAWS
!' l. Compliance with Laws
2. Contest
ARTICLE XIV. EMINENT DOMAIN
l. Interest of Parties in Condemnation
2. Partial Taking - Continuation of Lease
ARTICLE XV. ARBITRATION
ARTICLE XVI. DEFAULT AND REMEDIES
1. Default and Termination
a. Rents
b. Covenants
c. Bankruptcy
d. Creditor Assignment
e. Insolvency
. f. Abandonment
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~ITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
2. Reletting
3. Damages
a. Equivalent Amount
b. Net Proceeds
4. Accumulation of Remedies
5. Appointment of Receiver
ARTICLE XVII. GENERAL PROVISIONS
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1. Estoppel Certificates
2. Conditions and Covenants
3. No Waiver of Breach
4. Time of the Essence
5. Computation of Time
6. Successors in Interest
7. Entire Agreement
8. Governing Law
9. Partial Invalidity
10. Relationship of Parties
11. Interpretation
a. Number and Gender
b. Mandatory and Permissive
c. Captions
12. Amendments
13. a. Delivery of Notices and Rent Method and Time
b. Payment of Rent Address
c. Notice to the City Address
d. Notices to Lessee
e. Change of Address
14. Broker's Commission
15. Attorneys' Fees
16. Records
17. Minerals
18. Good Faith
19. Election to Terminate by City
20. Election to Terminate by Lessee
a. Notice
b. Payments
c. Releasing City'S Fee from Encumbrances
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RECORDING, EXECUTION, COUNTERPARTS
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2.
3.
Recording
Counterparts
Execution
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eITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
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This Lease Agreement made and entered into this ",..'" " ". day of
,~"u....,.".."......~,., . ,.,.' 19~, between the CITY OF SEWARD, a home rule
municipal corporation located in the Kenai Peninsula Borough, State of
Alaska, LESSOR, hereinafter referred to as "City", and RAY and LESLIE
SIMUTIS, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the City and Lessee are mutually interested in the devel-
opment of the Small Boat Harbor waterfront within the city of Seward,
Alaska; and
WHEREAS, Lessee has demonstrated to City an intention to develop a
waterfront restaurant to serve the people of Seward; and
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WHEREAS, City has determined that Lessee's intentions and general
development plans coincide with the public interest of the city and will
provide increased tax revenues and rental income to City;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE RENTS, COVENANTS,
AND CONDITIONS HEREIN CONTAINED, CITY AND LESSEE AGREE AS FOLLOWS:
M,TI.CI-E.!.,. . .,O,I;t-lI.$~. City leases to Lessee, and Lessee leases
from City that certain real property herein called "Leased Land," situated
in Seward, Alaska, consisting of approximately 5,000 square feet, as shown
on Exhibit "A" attached hereto and as more particularly described as
follows:
A :!:5,000-foot unsurveyed parcel covering a portion of
Block 6, Oceanview Subdivision and Alaska Tidelands Survey
174, within protracted Section 3, Township 1 South, Range
1 West, S.M., both recorded in the Seward Recording Dis-
trict, Third Judicial District, State of Alaska and more
precisely shown on Exhibit "A" attached hereto.
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I. hRJ!CI.f:...U. "...Crn!.LWARRANTY. .OF., auIET...~JOYMENT. Lessee, upon
I paying the rent and other charges herein provided for and observing and
keeping the covenants, conditions and terms of this Lease on Lessee's part
I to be kept or performed, shall peacefully and quietly enjoy possession of
II the Leased Land during the term of this Lease without hindrance by, from or
through City, subject. however, to any encumbrances created or caused by
Lessee.
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(l:ITY OF SEWARD, ALASKA
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~k~ln,~.. J,.!:A~j;o.. ~.A.NO..~C.Cf!:TED. ."~S .IS!,. Lessee acknowl edges
that he has inspected the Leased Land and accepts the same "as is" and
without reliance on any representations or warranties of City, or agents of
City, as to the physical condition thereof, except as expressly herein
provided. Lessee, at his sole cost and expense, shall have the right to
raze, tear down or remove any buildings, structures or improvements
presently situated on the Leased Land. All funds and proceeds, if any,
obtained by Lessee from the disposition of such buildings, structures or
improvements, may be retained by Lessee. Lessee is aware of the easements
as shown on the attached Exhibit "A" and agrees to lease the property
subject thereto.
ARUc;I..Ln'..., ...USE. .QF..J.~^SED.J..fflD.
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1. Lessee may use the Leased Land for the construction and
operation of a waterfront restaurant. Lessee understands that construction
and operation of such a facility is a major consideration for City's agree-
ment to lease the Leased Land. Lessee agrees that he will not operate any
other business on the Leased Land without the consent of City, and City may
withhold its consent if Lessee has not constructed and commenced operation
of a waterfront restaurant by September 1, 1988. Moreover, City may
withhold its consent as to any proposed business or activity which, in
City's sole discretion, is not desirable or compatible with the City's Small
Boat Harbor area.
2. No assignment or sublease shall be permitted, unless approved
in writing by the City. Any sublease shall be expressly subject and
subordinate to this lease and the rights of the City hereunder. The City
may elect to disapprove any proposed assignment or sublease which may
result in a business or activity whfch, in the City's sole discretion, is
undesirable and/or incompatible with the City's Small Boat Harbor area.
^BHCI..E.. Y.'h ,. J.EA,SI; U:.Rt<1.
1. C.ol1!l/lenc.erneJJt.~ndE~Jr<)tlQn. The term of this Lease shall be
thi rty (30) years, commencing the............... day of "' , ,. . , 1987,
and ending the ~ day of ....,. . " 2017, provided construc-
tion of plans, approved by City, has commenced prior to June 1, 1988.
2. O.p.tiQr.\S.. &f.l.d . .!:xtension:;. There are no renewal options
extending to Lessee under this Lease, but by inaction of the parties, the
Lease shall be deemed to continue from month to month. This Lease will not
terminate until notice in writing is given by either party to the other, not
later than six (6) months prior to the expiration of the Lease Term.
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i~ITY OF SEWARD, ALASKA
i$ROUND LEASE - SIMUTIS
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3. S\.LrXftP.d~r .QLP.o.s~~s::itQn.
(a) SUbject to the provisions of Article XI below with
i: respect to restoration of buildings and improvements, upon expiration of the
Lease Term, whether by lapse of time or otherwise, Lessee shall promptly and
peacefully surrender the Leased Land.
(b) Upon the expiration of the Lease term or any sooner
termination of this Lease, Lessee agrees to execute. acknowledge and deliver
to City a proper instrument in writing, releasing and quit-claiming to City
all right, title and interest of Lassee in and to the Leased Land and all
improvements thereto not removed by Lessee as provided herein.
^~U~l.;~. YJ..""" .REJf;(. The rental for the Leased Land shall be
determined and paid as follows:
1. Any and all rental due under this Lease shall be paid in
advance upon commencement of this Lease in quarterly installments on or
before commencement of this Lease and on or before January 1, April 1. July
1 and October 1 of each succeeding year.
2. The rental shall be determined as follows:
Beginning the day of, ._ .,~",' 19.......... and for the
succeeding five (5) years, the rental rate will be FORTY ($.40) CENTS per
square foot per year. Not less than ninety (90) days prior to the
expiration of every fifth lease year City, at its own expense, shall employ
an independent MAl certified appraiser to determine the fair market rental
value of the Leased Land, exclusive of Lessee's improvements, at the highest
and best use of the Leased Land and without consideration of Lessee's
intended use of the land, unless that use is coincidentally the highest and
best use of the Land.
Within forty-five (45) days after receipt of any such appraisal.
City shall provide Lessee a copy of the appraiser's written appraisal
report. If Lessee does not object in writing to that appraisal within ten
(10) days, the stated rental rate determined by such appraisal shall apply
for the next succeeding five lease years. The rental rate shall thus be
adjusted every five lease years.
If Lessee gives City written notice of objection to the appraised
rental rate within ten (10) days of receipt of the appraisal conclusion,
Lessee shall then engage a second independent MAl certified appraiser, at
his sole expense, to make an appraisal of the fair market rental value of
the leased Land at its highest and best use, exclusive of Lessee's
improvements. Lessee shall furnish City a copy of the second appraisal
report within ten (10) days of its receipt by Lessee.
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C[TY OF SEWARD, ALASKA
4~OUND LEASE - SIMUTIS
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If the second appraisal reflects a fair market rental value which
varies from the first appraisal by no more than twenty (20%) percent, then
the new rental rate shall be the average of the first and second appraisal
'I conclusions. If the second appraisal reflects a fair market value which
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:! varies from the first appraisal by more than twenty (20%) percent, then,
unless City and Lessee agree on a rate among themselves, the new rental rate
i shall be determined in accordance with the arbitration provisions contained
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Lessee's objection to the rental rate and engagement of a second
appraiser shall not postpone Lessee's obligation to pay the annual rental as
described in City's notice of rental rate based on the first appraisal.
Lessee shall pay City the amount of rental rate as fixed by the first
appraisal until the question of rental adjustment is finally resolved, at
which time an appropriate adjustment will be made, if needed.
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3. MQ.i:~-1Qn.~:LR~Jrt; .an,d.J:;:lt.Y,~s,. Rillb.t" tQ.,Cu,t'~ 1.~~$.e~!s,J1M~)Jl:t~.
All costs and expenses which Lessee assumes or agrees to pay pursuant to
this Lease or to any mortgage or other encumbrance upon the Leased Land or
Lessee's leasehold interest shall, at City's election, be treated as
additional rent and. in the event of non-payment, City shall have all rights
and remedies herein provided for in the case of non-payment of rent or of a
breach of condition. If Lessee shall default in making any payment required
to be made by Lessee. or shall default in performing any term, covenant or
condition of this Lease or of any such mortgage or other encumbrance on the
part of Lessee to be performed which shall involve the expenditure of money
" by Lessee, City. at City's option, may, but shall not be obligated to, make
" such payment or, on behalf of Lessee. expend such sum as may be necessary to
perform and fulfill such term, covenant or condition, and any and all sums
i; so expended by City with interest thereon at the maximum rate under the laws
Ii of the State of Alaska from the date of such expenditure until repaid, shall
be (and shall be deemed to be) additional rent and shall be repaid by Lessee
to City, on demand, but no such payment or expenditure by City shall be
deemed a waiver of Lessee's default. nor shall it affect any other remedy of
City by reason of such default.
4. LAt.e.Pa~ment,P.~~Alty.. Rental payment due, but not received, by
the due date shall accrue interest at the rate of twelve (12%) percent per
annum until paid or the maximum permitted rate under Alaska law, whichever
is higher.
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hRTJ;CLl;.. V,U. ,.TAXiS, MlD..ASS~SSMj;;fll.TS.
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1. I..lilssae..:t;o.. .l:'aY..T~es;. Lessee agrees to pay prior to
delinquency and directly to the taxing authorities in which the Leased Land
is located all real property taxes (plus all personal property taxes on
personal property situate on the Leased Land and placed thereon by Lessee or
under Lessee's authority), sales taxes, or other business or use taxes
levied or assessed upon or against the Leased Land or any improvements
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~ITY OF SEWARD, ALASKA
~ROUND LEASE - SIMUTIS
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thereon or Lessee's business during the Lease Term. Lessee agrees to
indemni fy and hol d City harml ess from li ability for any other tax, charge,
or assessment of any kind or nature. Lessee shall, within sixty (60) days
after any such tax assessment or other charge constituting a lien on the
Leased Land becomes due and payable, produce and exhibit to City satisfac-
tory evidence of payment.
2. l.esS~~t_tQ.,.eql{, ~S,eliiSJilIUI:t~. Lessee, during the Lease Term,
agrees to pay directly to the public authorities charged with collection
thereof any and all assessments levied on the Leased Land for a part of or
all of the cost of any public work or improvement assessed according to
benefit found by the levying authority to accrue therefrom to the Leased
Land, including any charges for anti-pollution, environmental, ecological or
any other public purposes. If an option is given to pay such assessment(s)
in installments, Lessee may elect to pay the same in installments, and in
such case Lessee shall be liable only for such installments as shall accrue
during the Lease Term.
3. P..r.~rat:tonQ.f. T.~x.e.$.an.(LA~s~J'i$Jll.Elnt~. If Lessee's obl igation to
pay taxes or assessments commences or ends during a tax year, such
obligation shall be appropriately pro-rated, with City bearing the remaining
cost (or its pro-rata share) thereof.
4. CQnt~t. Lessee shall have the right to contest or review any
tax, assessment, levy, fee, water or sewer charges or rents, or any other
governmental charges which Lessee is obligated to pay. Such proceedings
shall, if instituted, be conducted promptly at Lessee's own expense and free
from all expense to City. Before instituting any such proceedings, Lessee
shall pay under protest such tax, assessment, levy, fee, water or sewer
rents or charges or any other governmental charges, or shall furnish to City
a surety company bond in a company acceptable to City, or other security
reasonably satisfactory to City, sufficient to cover the amount of the
contested item or items, with interest for the period which such proceedings
may be reasonably expected to take, and costs securing the payment of such
contested item or items and all interest and costs in connection therewith
when finally determined. Notwithstanding the furnishing of any such bond or
security, Lessee shall pay all such items at least twenty (20) days before
the time when the Leased Land or any part thereof might be forfeited. The
legal proceedings herein referred to shall include appropriate certiorari
proceedings and appeals from any orders and judgements therein, but all such
proceedings shall be begun as soon as reasonably possible after the
imposition or assessment of any contested items and shall be prosecuted to
final adjudication with reasonable dispatch. In the event of any reduction,
cancellation or discharge, Lessee shall pay the amount that shall be finally
levied or assessed against the Leased Land or adjudicated to be due and
payable and, if there shall be any refund payable by the governmental
authority with respect thereto, Lessee shall be entitled to receive and
retain the same, subject, however, to apportionment as provided in Paragraph
3 above during the first and last years of the Lease Term. City, at City's
option, may, but shall not be obl igated to, contest or review by legal
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CITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
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proceedings, or in such other manner as may be legal, and at City's own
expense any tax, assessment, levy, fee, water or sewer rents or charges, or
any other governmental charge aforementioned, which shall not be contested
or reviewed as aforesaid, and, unless Lessee shall promptly join in such
contest or review and pay all costs therein, City shall be entitled to
receive and retain any refund payable by the governmental authority with
respect thereof.
5. Less~e,tQ..I?a.Y, W:t111,ty,Ctw:Q.elil. Lessee shall payor cause to
be paid all charges for water, heat, gas, electricity, sewers, and any and
all other util ities used upon the Leased Land throughout the Lease Term,
including any connection fees.
~RUCJ.l:. "v:r.UA. .QOt-:lSTRUCnO,t;l 6'( J..f~Sf~.
1. LeM.lill'l!$...,R1,gb'l:..., tR__.6.U.tJ.c;j:'"-.G~(\'l;!J:~1.",Q9,1')d:tt,tQn~. Lessee shall
have the right at any time and from time to time during the Lease Term to
erect, maintain, alter, remodel, reconstruct, rebuild and replace
buildingCs) and other improvement(s) on the Leased Land, subject to the
following conditions:
demolition,
paid for by
(a) The cost of any construction, reconstruction,
or of any change, alteration or improvements, shall be borne and
Lessee.
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(b) The Leased Land shall, at all times, be kept free of
materialmen's and any other 1 iens, as hereinafter more
provided.
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mechanic's,
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(c) Any building contractors employed by Lessee or its
sub-lessees shall be appropriately bonded for one hundred (100%) percent of
the contract amountCs) by use of performance and labor and material payment
bonds in the customary form when cost of the work is over $10,000.00.
Copies of all such bonds shall be furnished to City prior to commencement of
construction.
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(d) Lessee, upon commencement of permissible building or
construction activities on the Leased Land, shall continue such activities
through to completion with diligence and continuity.
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2. l.!'ls.s~e~A .o.wne.r~h1RoJ,.T.rqAedFJ~t\ln!h,Mi,l.c;tl1n~r.Y.lulQ EQuJpm~lJt.
It is expressl y understood and agreed that any and all trade fixtures,
machinery and equipment of whatsoever nature at any time constructed, placed
or maintained upon any part of the Leased Land by Lessee shall be and remain
the property of Lessee or its tenants as their interests may appear and may
be removed or replaced at any time during the lease term, provided Lessee or
its tenants repair any and all damage to the Leased Land resulting from such
removal or replacement.
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CITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
3. L~s:l~~.!~..fU~,:l;...:l;.o",.Rell19.v~. JIJWJ:Qv.~~nts .ij.nQ,. OlYn~r.sIt1p,.Il:ter.~Qf..
Lessee shall have the right to remove any buildings or improvements
constructed or placed upon the Leased Land by Lessee, prior to the
expiration of the Lease. Any buildings or improvements not removed prior to
expiration of the Lease shall become the property of City without the
payment of any compensation to Lessee.
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1. E'.r.MtbJj;j,Ql:l...-.9t,.L..i.e.l)~,Qn ..fe~.., Qf l.Q.~:;,eholJj. 1nt.er~s:t. Lessee
shall not suffer or permit any 1 iens to be filed against the fee of the
Leased Land, nor against Lessee's leasehold interest in the Leased Land, nor
against any buildings or improvements on the Leased Land by reason of any
work. labor, services or materials supplied or claimed to have been supplied
to Lessee or anyone holding the Leased Land or any part thereof through or
under Lessee.
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2. R~JtlQY.~L.Q.L.\"j~J\s t>j' L~~s.e~. If any lien shall be recorded
against the Leased Land, or any improvements thereof, Lessee shall cause the
same to be removed, or, in the alternative, if Lessee in good faith desires
to contest the same, Lessee shall be privileged to do so. but in such case
Lessee hereby agrees to provide a surety bond, from a surety licensed to do
business in Alaska, in a penal sum equal to one and one-half times the
amount of the claim of lien, which bond shall guarantee the payment of the
:'i sum which the lien claimant has claimed, together with the lien claimant's
reasonable cost of suit in the action. Lessee further agrees to indemnify.
i, defend, and save City harmless from all 1 iability for damages occasioned
,: thereby and shall, in the event of a judgement of foreclosure upon said
lien, cause the same to be discharged and removed prior to the execution of
such judgement.
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3. NQt:lc~...Q:L .~.Qn,:,.r~S.DQns:l/;l11. itY.. City may, as contemplated by
Alaska Statutes 34.35.065 (as now enacted or hereinafter amended) give
notice of non-responsibility for any improvements constructed or made by
Lessee on the Leased Land.
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68IlClE..X.4<, ...",.U:JD.EMtilJ1.. Except for claims arising out of acts
caused by the negligence of City or its representatives, Lessee agrees to
protect, indemnify, defend and save harmless City from and against any and
all liabil ity arising from acts or omissions of any nature whatsoever of
Lessee's officers, servants, employees, contractors, tenants, agents or
invitees causing injury to or death of persons, or loss of or damage to
property during the Lease Term, and from any expense incident to defense of
and by City therefrom. If any action or proceeding is brought against City
by reason of any such occurrences, City shall notify Lessee in writing of
such action or proceeding, whereupon Lessee, at Lessee's expense, may elect
to resist or defend such action or proceeding by counsel approved in writing
by City, such approval not to be withheld unreasonably.
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nITY OF SEWARD, ALASKA
~ROUND LEASE - SIMUTIS
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A.BUJ;tLJU..., ., ;U~,$IJMNC~. ~ND. ,RESJQMII ON.
1. l...tAb..1.1i.ty., .In:lVrAnC~. This Lease will not become effective
until such time as the City of Seward has received the following:
A. A pol icy or policies of insurance with the following
coverage limits:
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General Liability (Environment
Impairment Liability) .................
$ 300,000
2)
Workmen's Compensation ................
STATUTORY
B. A determination by the City of Seward's Insurance Broker
that the insurance offered by the Lessee is of such type
and has such provisions as will permit it to serve as
the underlying coverage for any City Excess Pol icy and
an acknowledgement from that Broker that the City Excess
Policy or policies will be in effect during the term of
the Lease. NOTE TO LESSEE: This means that a Binder
for insurance is NOT sufficient to obtain this permit.
You wil need to coordinate your insurance coverages with
the City's broker.
C.
All insurance policies shall provide for thirty (30)
days' notice of cancellation and/or material change to
be sent to the City. All insurance policies shall
contain the following or equivalent clauses:
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1) The City, its officers, emp 1 oyees and agents are
added as additional insureds as respects operations
of the named insured performed under the terms of
this Lease with the City.
2) It is agreed that any insurance maintained by the
City shall apply in excess of, and not contribute
to, insurance provided by this policy.
D. All of the required insurance policies shall provide
that the insurers waive their rights to subrogation
aga inst the City and the Lessee and thei r respective
officers, servants, agents or employees. Lessee further
agrees to waive, and agrees to have its insurers waive,
any rights of subrogation with respect to deductibles
under such policies and with respect to damage to
equipment, including the loss of use thereof, whether
insured or not.
E. The general liability endorsement, and Workers'
Compensation/Employer's Liabil ity Endorsement shall be
in substantially the form available from the City.
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I ITY OF SEWARD, ALASKA
gROUND LEASE - SIMUTIS
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E. The minimum requirements in this section may be
increased from time to time by City in accordance with
customs and usage for comparable property in the Seward
metropolitan area.
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2. E.1.t(t.,an.d.Ex.teJlcte,d"CJ)y,er;AQ.e.JJHi\lntt<;.~. Lessee, during the Lease
Term, shall keep all buildings and improvements insured, at his expense,
against loss or damage by fire and such other risks as may be included in
the customary form of broad form extended coverage (which may exclude
earthquakes), in an amount, over and above any deductibles in the governing
policies, of not less than the unpaid balance(s} due under any existing
deed(s} of trust or mortgage(s} encumbering the buildings or improvements or
City's fees.
3. alA\'IJsl'l:t..r.ll~lU:'j:lllce. Lessee may provide any insurance required
by this Lease in the form of a blanket policy, provided Lessee furnishes
evidence satisfactory to City, indicating the coverage thereunder is at
least equal to the coverage obtainable under a separate policy covering the
Leased Land only.
4. MdittOJl.Al,." NaIIle.Q...Ins~.r.e.dJ. . R'ght$. ,Qf., MO.~i)g~e.S n.eoQ.e.r.sl;
~A1~~~.~t.~ubr~~tjQn. All insurance policies required to be maintained by
Lessee shall name Lessee and City as the insureds, as their respective
interests may appear. All policies shall contain an agreement by the
insurers that such policies shall not be cancelled without at least thirty
days' prior written notice to City, and certificates or copies of all such
insurance policies shall be furnished to City promptly after the issuance
thereof.
5. B~S:tl:U:~'UQn Qt.~l.l.n~t1nQ.s. 41'\d. IJt\l~r.Qv6rol'lnt,5. In the event of
damage to or destruction of any of the buildings or improvements situated on
the Leased Land, then from the insurance proceeds payable to Lessee, Lessee
shall, within ninety (90) days after payment of the insurance proceeds,
commence restoration of the buildings and improvements to their condition
prior to such damage, provided, however, Lessee's obligation to restore will
be limited to the insurance proceeds available to Lessee. All such
insurance proceeds shall be deposited and held in trust with such bank
having offices in Seward and/or Anchorage, Alaska, as Lessee may designate,
or with Lessee's mortgagee of the damaged property, and shall be made
available to Lessee for its use in restoration or repair, as the case may
be, of any damage or destruction to the buildings and improvements on the
Leased Land. The proceeds of insurance shall be paid out by such trustee or
mortgagee from time to time on certification, by the person having
supervision of the work, that the amount certified is being applied to the
payment of the reasonable cost of such work.
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pITY OF SEWARD, ALASKA
~ROUND LEASE - SIMUTIS
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^RrlCJ.E J$U.. ".QA~.QF,.I,.,f^Sf{l.M\NR,. ACC~S.S_. Qf ..CI.TX.
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1. ~r.~~.,QJ"J~MR~...J..(l.f)!1. Lessee, at his own cost and expense,
shall keep the entire Leased Land and all buildings and improvements which
at any time may be situated thereon in good, clean and tidy condition and
repair during the Lease Term.
2. Qthel'..a<;J::.e;.$..s...B.ta.b:t$.QLr;;tt~. City and its agents or represen-
tatives shall have the right to enter into and upon the Leased Land during
reasonable hours for the purpose of inspecting the Leased Land and all
buildings and improvements thereon.
3. i\VQ.tdA.nc.e.,.,J;!f: ..P.r:~s.c;r.fj),1;i'l~. R.1gttts.. Lessee shall take such
action as may be necessary to preserve City's title and ownership of the
Leased Land free and clear of any public or private rights-of-way, easements
or other interests acquired by prescriptive use or otherwise than as
permitted under this Lease, including, but not limited to, the posting of
thoroughfares, walkways and parking areas so as to preserve the right of
private ownership therein and prevent any adverse rights thereto accruing
through prescriptive use or otherwise than as permitted hereunder.
i\RT.lCI...E l<Ul..,. CQ~r..Je.NCE..l1lnU..N'/S.
1. CQmg;U..mc.f;l..w1:t;l:d.aws. Lessee shall comply with all applicable
laws, ordinances and regulations of duly constituted public authorities now
or hereafter in any manner affecting the Leased Land or any buidings,
structures or improvements situated thereon, whether or not any such laws,
ordinances or regulations which may be hereafter enacted involve a change of
pol icy on the part of the governmental body enacting the same. Lessee
further agrees it will not permit any unlawful occupation, business or trade
to be conducted on said premises or any use to be made thereof contrary to
any law, ordinance or regulation as aforesaid with respect thereto.
2. Co..n:t~$j;. Lessee may, by appropriate proceedings conducted at
Lessee's own expense, contest in good faith the validity or enforcement of
any 1 aw, ordinance or regul ation, provided Lessee dil igentl y pursues such
contest to a final determination by a court. department or governmental
authority or body having jurisdiction thereof; provided that, if City may
become liable in any manner for damages, penalties, fines or costs by reason
of Lessee's failure to comply with any such law, ordinance or regulation
during Lessee's contest thereof, then, as a condition precedent to the
commencement and continuation of such proceedings. Lessee shall furnish City
such bond with corporate surety as City shall reasonably request to save
harmless and indemnify City against liability for any such damages,
penalties, fines or costs. At the option of City, it may, at its expense,
contest the validity or enforcement of any such law, ordinance or
regulation.
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CITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
hRTlCJ.f.. nY...~ ,.ooNENLO.oMA1N.
1. InUr.~~i .Q.cr.Ar:t.~..1n"C.Qnd.~IlJMt.jQfl. In the event the Leased
Land or any part thereof shall be taken for public purposes by condemnation
as a result of any action or proceeding in eminent domain, or shall be
transferred in 1 ieu of condemnation to any authority entitled to exercise
the power of eminent domain, the interests of City and Lessee in the award
, of consideration for such transfer and the effect of the taking or transfer
upon this Lease shall be as provided by law.
In the event the extent of the taking makes impracticable the
continued operation of the restaurant facility. upon written notification by
Lessee, this Lease and all of the right, title and interest thereunder of
Lessee shall cease on the date title to such Land so taken or transferred
vests in the condemning authority.
2. eitr.tJa:t ~1~J:(I~::-GRnt.ttllJ.At1l:W, .o:L L~p~~, In the event the
taking or transfer of a part of the Leased Land leaves the remainder of the
Leased Land in such location and in such form, shape or size, or so
accessible as to be effectively and practicably usable in the opinion of the
Lessee and City for the purpose of operation thereon of Lessee's business,
this Lease shall terminate and end as to the portion of the Leased Land so
taken or transferred as of the date title to such portion vests in the
condemning authority and the condemning authority enters into possession,
but shall continue in full force and effect as to the portion of the Leased
Land not so taken or transferred.
~Ukl..~...XYh., AAaHRh..UON. Any controversy or claim arising out
of or relating to this Lease, or the breach thereof, shall be settled by
arbitration in accordance with the Uniform Arbitration Act of Alaska, and
judgement upon the award may be entered in any court having jurisdiction
thereof. Any arbitration proceedings hereunder shall be held before a panel
of three arbitrators in the City of Seward, Alaska, or with the consent of
both parties in Anchorage, Alaska.
ARUOJ.E.J<YI.." .oS; .A.lJlLJ.\ND . R~~Ie S.
1. ~f.au.Jt .al)~T~rro:ll).q1;iQll.
(a) If the rent or any other charge shall be in arrears for
a period of thirty (30) days; or
(b) If Lessee fails to take reasonable steps to keep and
perform any of the covenants or conditions of this Lease within thirty (30)
days after written notice of default; or
(c)
for reorganization
court of competent
If Lessee files a voluntary
under the bankruptcy laws, or
jurisdiction; or
petition in bankruptcy, or
is adjudged a bankrupt by a
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ITY OF SEWARD, ALASKA
ROUND LEASE - SIMUTIS
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(d) If Lessee makes an assignment for the benefit of its
creditors; or
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(e) If a receiver is appointed by a court of competent
jurisdiction for Lessee's business and it be established in the receivership
proceedings that Lessee is insolvent; or
(f) If the leasehold interest hereunder is abandoned by
Lessee, then City may. at City'S option, at once, without further notice to
Lessee or any other person. terminate this Lease. Upon termination of this
Lease as aforesaid, or at the expiration of this Lease and upon the termina-
tion of said Lease by its terms. Lessee shall at once surrender possession
of the Leased Land to City and remove all Lessee's effects therefrom, and
may remove all Lessee's buildings and other improvements, and Lessee shall
have no further rights hereunder or with respect to the Leased Land. If
such possession be not immediatley surrendered, City may forthwith enter
into and upon and repossess the Leased Land and expel Lessee, or those
claiming under Lessee, without being deemed guilty in any manner of trespass
and without prejudice to any remedies which might otherwise be used for
I arrears of rent or preceding breach of covenant, and in such event Lessee
. expressly waives the service of notice of any intention so to terminate this
I Lease or to retake the Leased Land and waives service of any demand for
I: payment of rent, or for possession, and for any and every other notice or
il demand prescribed by any law, and hereby waives any claim for damages by
i: reason of such repossession.
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2. ael~tting. At any time, or from time to time, after any such
expiration or termination, City may relet the Leased Land, or any part
thereof. and any unleased buildings and improvements, for such term or terms
(which may be greater or less than the period which would otherwise
have constituted the balance of the term of this Lease) and on such
conditions (which may include concessions or free rents) as City may, in its
discretion, determine and may collect and receive the rents therefor. City
shall in no way be responsible or liable for any failure to relet the Leased
Land, or any part thereof. or for any failure to collect any rent due upon
any such reletting.
3. QaJIlAQ.Eil::;'. No such expiration or termination of this Lease
shall relieve Lessee of his liability and obligations under this Lease, and
such liability and obligations shall survive any such expiration or
termination. In the event of any expiration or termination. whether or not
the Leased Land, or any part thereof. shall have been relet. Lessee shall
pay to City the net rent and all other charges required to be paid by Lessee
up to the time of such expiration or termination of this Lease. and
thereafter Lessee, until the end of what would have been the term of this
Lease in the absence of such expiration or termination, shall be liable to
City for, and shall pay to City. as and for liquidated and agreed curreent
damages for Lessee's default,
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ITY OF SEWARD, ALASKA
ROUND LEASE - SIMUTIS
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II (b) the net proceeds received by City from leasing or
I relettin9 the Leased Land and improvements thereon after deducting all of
i City's expenses in connection with such leasing and reletting, including,
I without 1 imitation, all repossession costs, brokerage commissions, legal
I expenses, reasonable attorney fees, alteration costs. and expenses of
i preparation for such reletting.
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(a) the equivalent of the amount of the rent and charges
which would be payable under this Lease by Lessee if this Lease were still
in effect, less
Lessee shall pay such current damages (herein called "deficiency") to City
monthly, and City shall be entitled to recover from Lessee each monthly
deficiency as the same shall arise. At any time after any such expiration or
termination, whether or not City shall have collected any monthly
deficiencies as aforesaid, City shall be entitled to recover from Lessee,
and Lessee shall pay to City. on demand, as and for 1 iquidated and agreed
final damages for Lessee's default, an amount equal to the difference
between all rent reserved hereunder for the unexpired portion of the Lease
Term and the then-fair-and-reasonable net rental value to City of the Leased
Land for the same period. In the computation of such damages, the
difference between an installment of rent becoming due hereunder after the
date of termination and the fair and reasonable rental value to City of the
Leased Land for the period for which such installment was payable shall be
discounted to the date of termination at the rate of six (6%) percent per
annum. If the Leased Land, or any part thereof, be leased or relet by City
for the unexpired portion of the Lease Term, or any part thereof, before
presentation of proof of such liquidated damages to any court, commission or
tribunal, the amount of rent reserved upon such leasing or reletting shall
be prima facie evidence of the fair and reasonable rental value for the part
I,; or the whole of the premises so leased or relet during the term of the
leasing or reletting. Nothing herein contained shall limit or prejudice the
right of City to prove and obtain as liquidated damages by reason of such
termination an amount equal to the maximum allowed by any statute or rule of
law in effect at the time when, and governing the proceedings in which such
damages are to be proved, whether or not such amount be greater, equal to.
or less than the amount of the difference referred to above.
4. l\cCYlTlu.ht.ism.."ot)~~ll\lllpjes. Each right and remedy of City
provided for in this Lease shall be cumulative and shall be in addition to
every other right or remedy provided for in this Lease, or now or hereafter
existing at law, or in equity or by statute or otherwise, and the exercise
or beginning of the exercise by City of anyone or more of the rights or
remedies provided for in this Lease, or now or hereafter existing at law or
in equity or by statute or otherwise, shall not preclude the simultaneous or
later exercise by City of any or all other rights or remedies provided for
in this Lease or now or hereafter existing at law or in equity or by statute
or otherwise.
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pITY OF SEWARD, ALASKA
~ROUND LEASE - SIMUTIS
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5. ~~introAnt~Qt.~c~i~~r. Upon the commencement of any suit or
action by City against Lessee, pursuant to any remedy available to City upon
Lessee's default hereunder, or at any time hereafter and during the pendency
i: of such suit or action, any court of competent jurisdiction, upon the
:1 application of City, may at once and without notice to Lessee, its successors
or assigns. or any person or persons, or tenant or tenants, or mortageee or
i person claiming any security interest through Lessee, appoint a receiver to
I collect the rents and profits arising out of the Leased Land, the buildings
I and improvements thereon and the subleases pertaining thereto and apply such
Ii rents and profits to the payment and satisfaction of Lessee's obligations
under this Lease, including, without limitation, the payment of the rent due
City hereunder, first deducting all proper charges and expenses attending
the execution of such trusts, and to have any balance remaining held by such
receiver for disposition in accordance with any judgement or decree entered
therein, or as may be from time to time directed by said court.
M,UCl..E;.X\"u,... GfNEMl....P.RQY.l$1 O~S.
1. Es1;qtlD~l..C.e.r.:t:.1fj<;A1:.e? Either party shall, at any time and
from time to time, upon not less than thirty (30) days' prior written
request by the other party, execute, acknowledge, and deliver to such party,
or to its designee, a statement in writing certifying that this Lease is
unamended and in full force and effect (or, if there has been any amendment
thereof, that the same is in full force and effect as amended and stating
the amendment or amendments), that there are no defaults existing (or, if
, there is any claimed default, stating the nature and extent thereof), and
stating the dates to which the rent and other charges have been paid in
advance. It Is expressly understood and agreed that any such statement
'I de'ive",d P"",","t to thi, ,actio. m.y be ",11ed "POO by ,"y p,o,pacti,"
I assigneee or tenant of the Leasehold Estate, or estates, or Lessee or any
, prospective purchaser of the estate of City. or any lender or prospective
I assigneee of any lender on the security of the Leased Land or the fee
I estate, or any part thereof, and any third person.
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2. Q.OlJ.dtt.io1Js,.ilnd..C.Qxe.Qj!Ot:;. All the provisions of this Lease
shall be deemed as running with the Land, and shall be construed to be
II "conditions" as well as "covenants," as though the words specifically
I expressing or imparting covenants and conditions were used in each separate
I provision.
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3. NO..ltiltv~r_QJ..6.react1. No failure by either City or Lessee to
insist upon the strict performance by the other of any covenant, agreement,
term or condition of this Lease or to exercise any right or remedy conse-
quent upon a breach thereof, shall constitute a waiver of any such breach or
of such covenant, agreement, term or condition. No waiver of any breach
shall affect or alter this Lease, but each and every covenant, condition,
agreement and term of this Lease shall continue in full force and effect
with respect to any other then-existing or subsequent breach.
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~ITY OF SEWARD, ALASKA
~ROUND LEASE - SIMUTIS
4. I1~.,.(),L~~.$,~tI.~~. Time is of the essence of this Lease and of
each provision.
s. c.QtlItl.l,/t<<t.tQJl,,,~;rLI'J(lJ:t. The time in which any act provided by
;, this Lease is to be done is computed by excluding the first day and
" including the last, unless the last day is a Saturday, Sunday or a holiday,
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Ii defined by the statutes of Alaska.
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5. S>>~S,Qr.s,. .jJL,IJlt~r.lil.$:t. Each and all of the covenants,
conditions and restrictions in this Lease shall inure to the benefit of, and
shall be binding upon, the successors in interest of City and the authorized
assignees, transferees, tenants, licensees and other successors-in-interest
of Lessee.
7. Entir~..Aar.~~t. This Lease contains the entire agreement of
the parties with respect to the matters covered by this Lease, and no other
agreement, statement or promise made by any party, or to any employee,
officer, or agent of any party, which is not contained in this Lease shall be
binding or valid.
8. ~o.".~r.l):ll,1g_I,.,,~)i(. This Lease shall be governed by, construed and
enforced in accordance with the laws of the State of Alaska.
9. wt:l.41."IrlVA11sl1.t:i. If any term, covenant, condition or
provision of this Lease is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions shall remain
in full force and effect and shall in no way be affected, impaired or
invalidated.
10. R~l~.:t;.tQn~.I):lD; .of..'p'~d;t~:;. Nothing contained in this Lease
i: shall be deemed or construed by the parties, or by any thi rd person, to
:: create the rel ationship of principal and agent or of partnership or of joint
venture or of any association between City and Lessee; and neither the
I, method of computation of rent nor any other provisions contained in this
:: Lease nor any acts of the parties, shall be deemed to create any relation-
ship between City and Lessee, other than the relationship of lessor and
lessee.
11. In~rpr.~~~iQn. The language in all parts of this Lease shall
in all cases be simply construed according to its fair meaning, and not
strictly for or against City or Lessee. Unless otherwise provided in this
Lease, or unless the context otherwise requires, the following rules of
construction shall apply to this Lease:
(a) NlUI\bar..iHlq._,G~naer.. In this Lease, the neuter gender
includes the masculine and the feminine, and the singular number includes
the plural; the word "person" includes corporation, partnership, firm or
association wherever the context so requires.
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~ITY OF SEWARD, ALASKA
'$ROUND LEASE - SIMUTIS
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(e). !:alAOg!L~LM.d.r.:e,$~. Each party shall have the right, from
time to time, to designate a different address by notice given in conformity
with this Section.
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14. SJ:Q/$.~!.:L,CQmm'lild.QP. Each of the parties represents and
warrants that there are no claims for brokers' commissions or finders' fees
in connection with the execution of this Lease.
15. h't.'W.r.:IW.Y~!:E.~~. If either party hereto institutes any suit,
action or arbitration proceeding to collect the rent reserved, or to enforce
any covenant or agreement hereof, or to obtain any of the remedies herein
provided, the prevailing party shall be entitled to such sum of money as the
court or the arbitration board may adjudge reasonable as costs and attorney
fees in such suit, action or arbitration proceeding, including any appeal
taken by either party in such suit, action or arbitration proceeding.
16. !i\;l.cQrJ!s. Lessee shall, at all times, keep or cause to be
kept proper books of record and account in which full, true and correct
entries will be made of all dealings or transactions of, or in relation to,
the Leased Land.
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17. r~ttn:f;)r{l~. Nothing in this Lease shall authorize Lessee to
exercise any rights in regard to oil, oil rights, minerals, mineral rights,
natural gas, natural gas rights, and/or other hydrocarbons by whatsoever
name that may be within or under the Leased Land. City reserves the right
to whipstock, or directionally drill, and mine from land other than the
Leased Land oil or gas wells, tunnels and shafts into, through or across the
subsurface of the Leased Land, and to bottom such whipstocked or
directionally drilled wells, tunnels and shafts under and beneath or beyond
the exterior limits thereof, and to redrill, retunnel, equip, maintain,
repair, deepen and operate any such wells or mines, without, however, the
right to disturb the use of the surface or to drill or mine through the
upper 500 feet of the subsurface of the Leased Land.
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18. aQQ~.F~jth. The terms of this Lease impose an obligation of
good faith on City and Lessee in the performance and enforcement thereof.
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19. Ue..c:l;tQn~tp.I~rm.tn4te, p.Y"QU:i. Lessee, as partial considera-
tion for this Lease, expressly undertakes to complete construction of such a
facility not later than September 1, 1988. If Lessee fails to timely meet
any of these requirements, City may, by giving written notice to Lessee,
elect to terminate this Lease. All further rights, duties and obligations
hereunder shall cease upon receipt by Lessee of such notice.
20. ~l..es:;tip.{l q.:t9...Ie.t'/Qf.n..at.e. .bY., L.I;l~S.fil~. If an earthquake occurs
during the term hereof, making the construction, financing, maintenance or
operation of an improvement(s), building(s) or other structure(s) on the
Leased Land impractical or impermissible, then in such event, provided the
Lessee be in good standing hereunder, Lessee may, in his uncontrolled
discretion, elect to terminate this Lease upon:
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~ROUND LEASE - SIMUTIS
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(a) giving written notice to City; and
(b) making payment to City of a sum equal to fifty (50%)
percent of the rents payable to City for the twelve calendar months
immediately preceding the notice under (a); and
(c) satisfying or otherwise releasing City's fee from any
encumbrance(s) created as the result of Lessee's actions.
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All further rights, duties and obligaitons hereunder shall cease upon
receipt by City of such notice of election to terminate and the fulfilling
conditions (b) and (c).
~RUaf...E~ x..VIU.."R~J~QRD r.~I. ~GUT.lQ~. ,C,Q\.It.cr~F.lPA~IS.
1. ReS:;Qt'I:Ung. The parties may, concurrently with the execution
of this Lease, execute, acknowledge and record a memorandum of lease.
Following recording, the memorandum lease shall be attached to this Lease.
2. ~Q~~~rP~rt~. This Lease has been executed by the parties in
i two counterparts, each of which shall be deemed to be an original.
3. ~C~i~. This Lease has been executed by the parties on the
day and year first above written.
LESSOR:
CITY OF SEWARD, ALASKA
LESSEE:
RAy'SIMur'is" "
. .. .... . , ~ ., ., ., ..
RONALO"A. GARi'iNi; 'City"M~.ri~g'~;
LE'SL I'E s'IMuiI S' . ,
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ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
Li'~ci~" S: 'M~';ph'y~"ci'ty C'i~;:k'''''''''
...' "7~N~..".. ., "
Fred B. Arvidson, City Attorney
(City Seal)
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OITY OF SEWARD, ALASKA
QROUND LEASE - SIMUTIS
STATE OF ALASKA
THIRD JUDIeIAL DISTRICT
ss.
THIS IS TO CERTIFY That, on the ~ day of u.'...,", '., .. ".... , , .,
1986, before me, the undersigned, a Notary Public in and for the state of
Alaska, duly commissioned and sworn as such, personally appeared . ... '" ..
;".m.;.~...;~..,...;'....~"_.,,,.,,' known to me and to me known to be the. "." "..,
City Manager of the city of Seward, Alaska, and acknowledged to me that the
foregoing instrument was executed as a free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and year hereinabove written.
NOTARy"PUI3L'ICFOR"STATE"OFALASKA .
My Commission Expires:,... "... , '
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY That on this ~ day of ,... '". ....... "...,
1986, before me, the undersigned, a Notary Public in and for the state of
Alaska, duly commissioned and sworn as such, personally appeared , ''''"
~.hW,"", '......_..".......~,.., .....w.................. '" '.'.. ....'...... .' known to me and to me
known to be the person(s) who executed the foregoing instrument, and who
acknowledged that (t)he(y) signed the same freely and voluntarily for the
uses and purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the
day and year first hereinabove written.
NOTARY PUBLIC FOR STATE OFALASKA"'
My Commission Expires:. .. . .,.
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CITY OF SEWARD, ALASKA
GROUND LEASE - SIMUTIS
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EXHIBIT WAft
ACTUAL LOT LAYOUT WITH METES AND BOUNDS DESCRIPTION HAS YET TO BE LAID OUT
AT THE TIME COUNCIL PACKETS WERE PUT TOGETHER
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