HomeMy WebLinkAboutRes1988-053
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING A SHORT TERM LEASE OF CITY
PROPERTY TO AKCON, INC., FOR THE STORAGE OF EQUIPMENT
WHEREAS, AKCON, Inc., contractor of the Lowell Canyon
Tunnel repairs, has completed its work and removed all
equipment except a D8 Dozer and numerous sections of corru-
gated pipe, but is unable to relocate this equipment because
of highway load limitations; and
WHEREAS, the City Code allows for the short term lease
of city property without benefit of public hearing; and
WHEREAS, the city property located in Lowell Canyon is
not needed for any other public purpose at this time;
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
enter into a short term lease agreement, not to exceed 120
days, with AKCON, Inc., for the storage of miscellaneous
equipment on city property in the Lowell Canyon area of USS
903.
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 ~ day of May , 19~.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
GIESELER, HILTON, MEEHAN, O'BRIEN & SIMUTIS
NONE
DUNHAM & NOLL
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-052
ATTEST:
(City Seal)
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
M IZI d-tn..l_
Fred B. Arvidson
City Attorney
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LEASE AGREEMENT
This Lease entered into on this ..1..L... day of ..,"Apr.n
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19..ae..", between the CITY OF SEWARD, the Lessor (hereinafter referred to as
"The City"), and AKCON, INC.. 3605 Arctic, Box 1520, Anchorage, AK 99503, the
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I Lessee.
!: The Lessee has examined the description of the real property and
Ii has inspected it, or has voluntarily decl ined to do so, and is satisfied
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I' with the description and condition of it. The Lessee is aware of the
I provisions of applicable laws, regulations, and ordinances, and fully
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i: understands its duties and obl igations under this Lease and the rights and
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remedies of the City.
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The City and the Lessee, in accordance with the provisions of this
Lease, agree as follows:
1. T.~~,1~~R~Q k~o~. The City agrees to lease to the Lessee, and
the Lessee agrees to lease from the City, the following real property (here-
inafter referred to as "the Leased Land") which is located in the state of
Alaska:
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+2,000
903 T
Canyon
square feet,
within Lowell
water tanks.
an unsurveyed portion of U.S.S.
Canyon, adjacent to the Lowell
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
2. mID. Commencing April 11, 1988, and continuing month t"
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;' month, not to exceed four (4) months, unless sooner terminated by either
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3.
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The Lessee shall pay the City the rent in advance,
without demand, at the rate of ONE HUNDRED TWENTY-FIVE and NO/I00 ($125.00)
DOLLARS per month.
The rent is payable at the City's address stated in
Paragraph 22(A) of this Lease.
4.
lJ~a Pf..l..a.oP.
A.
The Lessee may store one (1) D8 dozer and two (2) piles
of corrugated pipe, and must use and occupy the Leased Land in compliance
with all applicable laws, regulations, ordinances and orders promulgated, or
which may be promulgated, by a public authority,
including those of a
building or zoning authority and those relating to pollution and sanitatio'
control.
The Lessee shall properly locate himself and his improvements on
the Leased Land, and may not commit waste, whether amelio- rated or
otherwise. In addition to any laws, regulations, ordinances and orders, the
Lessee shall maintain the Leased Land and all improvements thereon in a
reasonably neat and clean condition, and shall take all prudent precautions
to prevent or suppress grass, brush, or forest fires, and to prevent erosion
or destruction of the Leased Land.
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I: purpose,
Ii suppl ies,
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B. The Lessee may not use the Leased Land for any other
other than storage and handl ing of construction equipment and
written
of
the
City.
permission
without
prior
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CITY OF SEWARD, ALASKA
': LEASE AGREEMENT - AKCON, INC.
B.
l...~s.s~~,~ .R1JJht..t.Q,..eJ.lUli, :- ,~~n~ri~l, C.omt1.tio.lJs. Lessee
shall not, at any time during the Lease term, erect, maintain, alter,
rebuild or replace building(s)
and other
remodel,
reconstruct,
improvement(s) on the Leased Land.
(1) The Leased Land shall at all times be kept free of
all mechanics' and materialsmen's liens.
C. 1.j\$.$~'~n"Qwn~r.$b.tIL ,Q,C Jradl'l .f1x:t.1,lrl'l$A M~cb.i.\l.eJ:Y.. il.nA
i ~~1~me~t. All trade fixtures, machinery and equipment of whatsoever nature
at any time constructed, placed or maintained upon any part of the Leased
I Land shall be and remain the property of Lessee or its tenants as their
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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
building or improvements resulting from such removal or replacement, and
such removal or replacement does not substantially and adversely affect the
normal functioning of the contemplated building.
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not destroy or damage existing vegetation, water or wildlife habitat beyond
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5.
B~.$~r.vqt.iQn .Qf. ,P\lbJ. j~<oA.~Ge.s?.
The Lessee agrees that it will
that damage necessitated by the Lessee's operations.
The Lessee agrees to
1 permit public access through the Leased Land as may be necessary.
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I 6. E.m;:.YllIbr~I:l.~!3. .oJ.t.tI.e.!..illlP,. During the term of this Lease, the
I Lessee may not encumber the City's title to the Leased Land, nor enter into
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i any lease, easement or other obl igation of the City's title without the
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
prior written approval of the City. Any such act, without the prior writtel
approval of the City, is void as against the City's title to the Leased
Land.
7. l\$.$.1.gnlll~Jl1; .Qi'ntn~ ,I,.,an~. The Lessee may not assign this Lease
sublet the Leased Land, and no assignment or subletting is effective
No assignment or subletting
\, without the prior written approval of the City.
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will be approved until the assigneee agrees to be subject to the provisions
of this LeClse in the same manner as the original Lessee.
An assignment or
subletting by the Lessee does not end the Lessee's obl igation to pay the
rent required for the full term of this lease.
8.
QE}.nl9..1..s:lL~,qrrM1t.Y ,Re..QArd:!JU1.CQndi:t toJl~.
The City makes no
warranty, express or impl ied, of environmental values of the Leased Land,
including,
without limitation, the soil conditions.
water drainage, or
natural or artificial hazards which mayor may not exist, the appropriate-
ness of the land classification, or the profitability or fitness of the land
for any use.
The City and the
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hgr:~.~IQ~r:!L tQ..T~r01$: ,oJ. .l..~~$t). I;>Q~1,lJl\ent:;.
Lessee agree that each of the provisions of this Lease, and any valid
amendments or attachments hereto, are merged and incorporated into this
Lease and are binding upon themselves and upon their respective successors.
The City and the Lessee further agree that this Lease is conditioned upon
I satisfactory performance by the City and the Lessee of all conditions
d contained in it.
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
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10.
P~YJll~IJ:L Qf ' T,a~e,s. ,imd ,A~$.~.!isroent~. The Lessee must pay all
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taxes and assessments accruing against the leased land during the term of
the Lease.
11. ~n~~ronQtJ.On,.Rf.I,..~A$.~.hqld..Qr Jrop.roveJl)~n.ts. If all or part
Ii of the Leased Land is taken by any authorized body or person vested with the
power of eminent domain, by negotiation, court action, or otherwise, the
following provisions control:
A. IaJ$1{l,g..9J,.:th~,,~n:ti.re ,P.i;lrc,Ql. If all of the Leased Land
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is taken by condemnation, the terms of the Lease and all rights of the
Lessee inunediately terminate. The City is entitled to all of the proceeds
attributable to the fair market value of the improvements placed on the
condemned parcel by the Lessee.
B.
J~ iJHl..o.f SVP_s.t~nti,~Lf'ilJ:':tQ:C Pim;;~l. If the tak ing is
of a substantial part of the Leased Land, the following rules apply:
(1) If the tak i ng by condemnat ion reduces the ground
I area of the Leased Land by at least thirty (30%) percent or materially
! affects the use of the land by the Lessee, the Lessee has the right to elect
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" to terminate or not to terminate the Lease by written notice to the City no
later than fifteen (15) days after the date of taking.
(2) If the Lessee elects to terminate, the provisions
; lin A. of this paragraph govern the condemned portion of the Leased Land and
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" the terms of the Lease govern disposal of the remainder of any improvements
made by the Lessee.
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
(3) If the Lessee elects not to terminate, the Leas
continues and the City is entitled to the full condemnation proceeds except
the portion attributable to the fair market value of the improvements placed
on the condemned portion of the Leased Land by the Lessee.
C. Iqt<,1ng.of.:t{l~l.lb~j;al):t;hJ. P~rt.,Qf .Parc;;.e]. If the taking
by condemnation reduces the ground area of the Leased Land by less than
thirty (30%) percent and the City determines that the taking is of such an
insubstantial portion that the Lessee's use of the land is not materially
, affected, the provisions of B.(3) of this paragraph will govern.
12. Y.illi~. E;x f ~j;.i I)g .B.1~tlt~. Th i s Lease f s entered into and made
subject to all val id existing rights, including easements, rights-of-way,
reservations, or other interests in the Leased Land, in exfstence on the
date the Lease is entered into.
13 . I(l~D~:t; j QJ\. The City mu st be acco rded reason ab 1 e access to
'! the leased land for the purposes of inspection to assure the faithful
performance of the provisions of the Lease and other lawful requirements.
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14. MJ.o.er.al:;i. Nothing in this Lease shall authorize the Lessee
to exercise any rights in regard to oil, oil rights, minerals, mineral
rights, natural gas rights, and/or other hydrocarbons that may be in or upon
the Lease Land.
15.
S.l,Ir.i~c~" .J3.elii~rxat.to.n:i.
Unless otherwise stated in this
Lease, the Lessee may not sell or remove for use elsewhere any of the
surface resources of the Leased Land, such as stone, gravel, sand, peat,
topsoil. timber, or any other material valuable for building or commercial
pu rposes.
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
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16.
~1l1,l1:;.tt;f.Qn.. QLR1ght~~ pr..JJ):t~.r.~st~. Any ri ght or interest
acquired during the term of this Lease, and accruing to the benefit of the
Leased Land, remains appurtenant to the land during that term and may not be
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severed or transferred from the land without the prior written consent of
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. the City. If this Lease is terminated or is forfeited, any such right or
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Ii interest reverts to the City.
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17.
1isI1YflX. .Ot.f14rn!.'l.aJ'ance. The City's receipt of rent or any
i' other sum of money from the Lessee does not waive any provision of this
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Lease.
The failure of the City to enforce any provision of this Lease does
not affect its right to enforce any other provision in the event of a
Any waiver of enforcement by
the City is val id only if it is in writing.
The City's receipt of rent or
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any other sum of money does not reinstate, continue, or extend this Lease
after any notice of termination which may have been given by the City.
18. ereach..a1HLR~l)'\e~1e~.
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:i breaches any provisions of this Lease or any valid amendments or attachment
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Time is of the essence in this Lease.
If the Lessee
thereto, and the breach is not remedied within fifteen <lS) days after
written notice of it's having been served on the Lessee by the City, the
Lessee is subject to any legal action that the City considers appropriate,
including the termination of this Lease. However, improvements now on the
Leased Land, or temporary improvements which may be placed on it during the
term of the Lease, may be removed from it during any time in which this
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
Lease is in breach, subject to the 1 imitations contained in pargraph 19
The City is not liable for any expenditures made by the Lessee in the event
of the termination of this Lease.
B. If this Lease is terminated by summary proceedings or in
any other manner, the City, after written notice to the Lessee, may
I immediately, or any time afterward, enter or reenter, take possession,
repossession, or dispossession; any such action by the City, whether taken
by summary proceedings or otherwise, does not release or discharge the
Lessee, either in whole or in part, from any monetary liability to the City
under this Lease.
19. QJ~R9,~.1:tj.on..Qf...~Jl!prpv.QIll(l.r)'t:;;. . ~!\d ..C.bAt;t~ llLaml. T ~rJll.1.n.at j o.ll.
A. The Lessee must, within fifteen (IS) days after the
termination of the Lease by the City or by operation of Law, remove al"
improvements and chattels located on the Leased Land if the removal will not
damage the land or seriously impair its redisposal, and if removal is
authorized in writing by the City.
After removal, the Lessee can
demonstrate undue hardship.
B. If any improvements or chattels of an appraised value of
more than TEN THOUSAND and NO/100 ($10,000) DOLLARS, as determined by the
City, are not removed from the Leased Land within the time allowed, they
may, upon thirty (30) days' written notice to the Lessee, be sold at public
auction under the direction of the City. The proceeds of sale will inure to
the Lessee who placed the improvements or chattels on the land, after
deduction for the beneift of the City of all money due and owing under this
" Lease and all expenses incurred in administering the termination and
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON. INC.
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conduction of the sale. If there are no other bidders at the sale, the City
may bid on the improvements or chattels, and the City will acquire all
rights, both legal and equitable, which any other purchaser could acquire
through a sale and purchase.
C. Any chattel or improvements which have a total appraised
value of $10,000 or less, as determined by the City, and which are
authorized for removal by the City but are not removed within the time
allowed. become the absolute prcperty cf the City upon the expiration of the
time allowed for removal.
20. ~..op~JIlnJ.t~..oL{;tty.. The Lessee shall indemnify and hold the
City harmless frcm all claims and demands for loss or damage, including
prcperty damage, perscnal injury, wrongful death, and wage or employment
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,. claims, arising cut cf cr in ccnnection with the use cr cccupancy cf the
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Leased Land by the Lessee cr his successors, cr at his invitation.
21. ~1,I.r.r,e1\deJ:,,QfJ."~s:I. Upcn the expiration or terminaticn of this
Lease, Lessee shall immediately leave the Leased Land.
22. No.uc~~.
A. All notices and other writings required or permitted
under this Lease must be made by certified mail, pcstage prepaid, to. the
parties at the fcllcwing addresses:
To. the City:
City Clerk
City of Seward
P. O. Bcx 167
Seward, AK 99664
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC.
To. Lessee:
AKCON, INC.
360S Arctic
Box 1S20
Anchorage, AK 99S03
B. Any notice cr demand which must be given cr made by the
City or the Lessee in writing is ccmplete when sent by United States
certified mail to. the address sho.wn in the Lease, or to any other address
that the parties may designate in writing. A copy of any notice must be
forwarded by the City to the holder of any security interest in the Leased
Land who has properly recorded its interest in the Lease with the City.
23.
lntQQr.9:tJ.O'o. ..M~ '. M,<ul. i.f i.c.irl;1.QJl.
This Lease, including all
documents which by reference are incorporated herein ar made a part hereaf,
cantains the entire agreement between the parties. This Lease may nat be
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modified ar amended except by a dacument signed by bath parties to. this
I Lease. Any amendment ar modificatian which is nat in writing and signed by
bath parties is af no. legal effect.
24.
S~~.rAb.uit~. Q.f...C.1Al,I~~~".o;f J.eilS~.
If a pravisian af this
Lease is adjudged to. be invalid, that judgement daes nat affect the validity
af any ather pravisian af this Lease, nar daes it canstitute any cause af
actian in favar af either party as against the ather.
!~v~~e$~Qr~ .P.efioe~.
In this Lease, "successcr" means any
25.
heirs, assigns and sublessees and other successars-in-interest.
26.
Q.QM:trl,ls;j; i.Qn.
Wards in the singular number include the
! plural number; words in the plural number include the singular number.
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON. INC.
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27.
~liad.1.l1,gs. The headings af the numbered paragraphs in this
Lease shall nat be considered as canstruing any pravisian in this Lease.
28.
ae.fftr.eml.~\ll.
It is understaad that this short-term lease,
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" issued in accardance with Sec. 2-9S af the Seward City Cade, is dane so
ii withaut benefit af a public hearing. This Lease may be suspended during the
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:1 first thirty (30) days after passage af the enacting resalutian if a
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" sufficient referendary petitian is filed in accardance with Sec. 4.8 af the
City Charter.
BY SIGNING THIS LEASE, The CITY OF SEWARD, as Lessar, and AKCON,
INC" as Lessee, agree to. be baund by its pravisians as set aut above,
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LESSOR:
CITY OF SEWARD, ALASKA
LESSEE: . I
II K (!.o f'-..I
1(b.I:JMJ[ Cel~S:rRI:JCTIatf, INC.
DARRyL..SCHAEFE.RMEyER.... . .,
INTERIM CITY MANAGER
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ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attarneys for the
City af Seward, Alaska
Li~d~"S~' M;;~.Phy;..C.fty..Ci'~.rk... ...
i' (City Seal)
F~ed>B~ A;v1dsan, City Att~rney
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CITY OF SEWARD, ALASKA
LEASE AGREEMENT - AKCON, INC,
STATE OF ALASKA
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THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that, an the.............. day af._ ..".. . .... ,
1988, before me, the undersigned, a Natary Public in and far the State of
Alaska, duly cammissianed and swarn as such, persanally appeared DARRYL
SCHAEFERMEYER, knawn to. me and to. me knawn to be the Interim City Manager of
the City af Seward, Alaska, and acknawledged to. me that the faregaing
instrument was executed by him in his afficial carparate municipal capacity,
and that he executed the same pursuant to. the autharizaticn of the City
Cauncil af the City af Seward, Al aska; that the same was executed as the
free and valuntary act and deed af the municipal carparate seal af said
municipality.
IN WITNESS WHEREOF, I have hereunto. set my hand and affixed my
Natarial Seal the day and year hereinabove written,
! I N~t~~y 'Pub 1 ic f~~ 'Stat~' ~f' A 1 ~sk~
My Cammissian expires: ,ow." _.
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
IN WITNESS WHEREOF, I have hereunto set my hand and seal an the
day and year first hereinabave written,
THIS IS TO CERTIFY that an this '" .. day af ... .., ,
1988, befare me, the undersigned, a Notary Publ ic in and far the State of
,! Alaska, duly cammissianed and swarn as such, persanally appeared ... '... , ,-
:! _.... ............ w......-d.M ... .... ... .. 1 awful agent far AKCON, INC., knawn to.
me and to. me knawn to. be the persan who. executed the faregaing instrument
;, far and an behalf af AKCON. INC., and who. acknowledged that he signed the
same freely and valuntarily far the uses and purposes therein contained.
N~t~ry"p'ubl'i~ in ~~d"fcr' A'i~ska"
My Commi ss i on Exp ires.. ."
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