HomeMy WebLinkAbout01102022 City Council LAYDOWN - Res 22-001 Lease Extension AgreementGcOI,
LEASE EXTENSION AMENDMENT
(RE-06-008)
THE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized
and existing under the laws of the State of Alaska, hereinafter referred to as "CITY," whose
address is PO Box 167, Seward, Alaska 99664 and Vertical Air LLC., P.O. Box 2032 Seward,
Alaska 99664, hereby agree that the lease agreement 06-008, dated February 24,2006, as
amended, for Lot 513, Block 1, Seward Small Boat Harbor Subdivision, City of Seward, Alaska
and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State
of Alaska is hereby amended as follows:
ARTICLE 2. LEASE TERM and OPTIONS TO EXTEND
The term of this lease shall be extended for sixteen (16) years and shall terminate on
February 24, 2052.
LESSEE shall have the right to extend the term of this LEASE for Two additional Five
year (5) year periods, provided that:
a) LESSEE exercises its option to extend at least one hundred and eighty (180) days
prior to the expiration of the then current lease term;
b) LESSEE is not in default under any term or provision of this LEASE; and
c) LESSEE shall exercise its options to extend by sending written notice in
accordance with the provisions of Article 37 of this LEASE.
ARTICLE 4.1 USE OF LEASED LAND
LESSEE shall continue to operate a retail shop throughout the term of the lease, and failure to do
so constitutes a condition of default.
In all other respects, the Lease is to remain unchanged and in full force between the undersigned
parties.
ARTICLE 5.4 LIMITED ACCESS EASEMENT
The City reserves a limited easement across the West fifteen (15) feet of the lease land, for
limited use of and by the City for emergency and utility access, and for access by other shop
owners or lessees of parcels on Block 1, Marina Subdivision and Seward Small Boat Harbor
Subdivision for the limited purposes of emergency use, deliveries and owners/employee parking.
LESSEE agrees to keep this easement clear of obstructions, but LESSEE assumes no
responsibility for snow removal.
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LESSOR:
CITY OF SEWARD
Janette Bower, City Manager
Date:
ATTEST:
Brenda Ballou, City Clerk
(City Seal)
STATE OF ALASKA }
) ss.
THIRD JUDICIAL DISTRICT }
LESSEE:
Linda Chichester, Member
THIS IS TO CERTIFY that on this day of , 2022, before
me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Janette
Bower, known to me and to me known to be the City Manager for the City of Seward, Alaska,
and authorized to execute documents on its behalf, and is the individual named in and who
executed the foregoing document on behalf of the City of Seward for the uses and purposes
therein set forth.
WITNESS my hand and notarial seal the day and year first hereinabove written.
NOTARY PUBLIC IN AND FOR ALASKA
My Commission Expires:
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STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ) �� day of C"LG�ir 2021, personally appeared
before me the undersigned, a Notary Public in and for the State of Alaska, to me known to be
Member Cliff Krug theindividual that executed the foregoing instrument and acknowledged to me
the said instrument to be the free and voluntary act and deed, for the uses and purposes therein
mentioned of the Limited Liability Company and on oath stated that he is authorized to execute
said instrument on behalf of the Limited Liability Company.
WITNESS my hand and notarial seal the day and year first hereinabove written.
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STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this o< `f day 2021, personally appeared
beforeme the undersigned, a Notary Public in and for the State of Alaska, to me known to be
Member, Linda Chichester the individual that executed the foregoing instrument and
acknowledged to me the said instrument to be the free and voluntary act and deed, for the uses
and purposes therein mentioned ofthe Limited Liability Company and on oath stated that he is
authorized to execute said instrument on behalf of the Limited Liability Company .
WITNESS my hand and notarial seal the day and year first hereinabove written.
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