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HomeMy WebLinkAboutRes1967-644 r ::~~:;~N~~= 'IC~c~~~11~1:!/ . v1~f;yt;P ~,t :11rt~):1 ~ WHEREAS, Andrew (Andy) Endresen and Emily Mary Bndresen h.ve ...del L' application to lease Lot 8 in Block 3 in the proposed Industri.l S~ division in the Municipal Small Boat Harbor area in 'the City of Seward to condUct a boat building and repair, marine supply and related ..~ vices business; and WBERBAS, Andrew (Andy) Endresen and Emily Mary Endresen declu. ~.t. they are prepared to commence construction of the facility duz:ing this sea.on, which would benefit the area by providing needed .ervice: and WIIERBAS, the .ttached form of lease offered by the City to the above named persons for such lease contains all of the provision. for the protection of 'the City in developing salutary, aotive use of the land that simdlar leases contain and which have been posted and published without adverse cOllll'Aent regarding the provision. of such le.... beineJ filed with the City; and WHBRBAS, the attached form of lease inc1qdes the additional provision for revision of the lease rental each five years based upon land value., and shall include an addendum setting forth the manner of determining ..id values, of which Page ls is a preliminary statement: ROlf, 'l'IIZRBPORE, BE IT RESOLVED that. the form of lease attached hereto, and made a part hereof, be and is hereby approved and the City MaftaCier and cit.y Clerk-Treasurer be and are hereby authorized and instructed to sign and deliver said lease for Lot. 8 in Block 3 of the pro~ed Industrial Subdivision in t.he Municipal small Boat Harbor area in The ~tty of seward, containing 25,740 square feet more or less to be used to conduct a boat building and repair, marine supplies and related services business for lease rental of 39 per square foot. per annua for . term of thirty years, said lease rental to be adjusted in accordance with the t.ems of the lea.e: that Section 1. (0) of said lea.e form receive the date of for filing of required plans.and BE IT FURTHER RESOLVED that Lessee is hereby notified that this approval of said lease shall be subject to: (1) easement for maintenance or re- construction of Lessor's water main located approximately as indicated on the preliminary plat of said subdivision and to be included in detail in the final plat: and (2) requirement that Lessee shall enter into a supplemental lease agreement which shall set forth the legal description , of the leased property in accordance with the final plat including all covenants incorporated therein, all as recorded in the Seward Recording District: and BE 1'1 PUJt!lttBR RBSOLVED that t.he requirements of Ordinance No. 315 per- taining to a public hearing be and are hereby waived for the afore.tat.ed 1'ea8008. This "solution shall be published by posting a copy thereof on the bulletin board at City Hall and publishing a brief statement of t.he purposes of said Resolution in a newspaper of general circul.tion in The city of Seward within a reasonable time: and shall become effective thirty (30) d.ys thereafter. P..sed/ and approved by q day of . Council of The City of Seward this , 1967. >[g:nner Vice Mayori Attests , ~ /~~~ / ~ 7' t~,/~Ck Beatrice B. Watt.. City Clerk-Trea8urer r INDUSTRIAL WIJIl'IIlUlUlI'" KAdc SITE LEASE OF tltixZi02-A To <ill /11-t2' ~ ~ UPLANDS lQv, 7Z~, ~<ff ~i~fJ~, THIS AGREEMENT made and entered into this ~ day of July , 1957, between The City of S~~rd, Alaska acting through its City Manager and City Clerk as authorized by RESOLUTION NO. enacted by the Common Council of The city of Seward, Alaska on the day of , 1967, hereinafter called the LESSOR, and ANDREW (ANDY)ENDRESEN or EMILY MARY ENDRESE~, d.b.a. E & A BOAT BUILDERS, of Seward. Alaska , hereinafter called the LESSEE. TO ALL WHO MAY DE CONCERNED HERE~JITH, \'J I T N E SSE T H : The LESSOR hereby leases to the LESSEE, and the LESSEE hires from the LESSOR, for the specific purpose of conducting a Boat / and related services Building & Repair and Marine SuPplYbusiness and for no other purpose those certain premises situated in The City of Seward, Borough of Kenai Peninsula, State of Alaska, more particularly described as follows, to-wit: Lot 8, Block 3, City of seward Industrial sub-division, consisting of 25,740 sq ft more or less of upland and the LESSEE is hereby granted the priviledge of egress and ingress of Lot 9, Block 3 of sub-division for purposes of conducting said business. The LESSEE to have and to hold the same premises for a term of thirty (30) years, beginning on the ~ day of July 1967, and terminating as of midnight on the ~ day of July 19~. said lease agreement to b~ re-negotiated in regards to valuation and annual rental at the expiration of each five (5) year.period during the thirty ee Attachment Page 1 A. (3C, year period. And See Attachment Page 1 B. Annual rental to be paid in advance yearly to said LESSOR or to such other appointee as the LESSOR may from time to time in writing designate, or to the legal representative of the LESSOR, at such place as may be designated, on or before the day of , 1967, and each year thereafter. -1-1 I) I It 11 jJ i (G- IO~~/!J ;:J lj C-&,? vi.. '1 '~ ~&C~ OUr. ~ '7...tJ4. ,/ #~ 1- ~~ In) ..4kt.l to be paU La .A~ -,-. .. at.. y.. _ .. .... - n _ ....1.Mee .. ... 1r,.. 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( ." ,..)~ .." ' \. -. . .~ '. !: ... f; r\ ~- uII LAW OFFICES POI-l.OCK a JOSe:"HSON SUITE 2,3 325 H 8TREET A~CHORAGE.ALAaKA ... :.... . ~ '\I ____k'" INDUSTRIAL SITE LEASE OF UPLAN S WORDING FOR LEASE AGREE ADOPTED BY CITY COUNCIL ON JULY 24, 1967 The parties agree that the annual initial five (5) years of the lease term shall be $ 0.03 per square foot, and the parties further agree that at the expiration of the initial five (5) years of the term, the said annual rental shall be eight percent (8%) of the appraised valuation of said land comprising the premises, said appraised valuation to be determined at the expiration of each five (5) year period during the term of said lease and the rental to be recomputed in accordance with such valuation. Not less than sixty (60) days next preceding the expiration of each five-year period, the City shall notify the lessee of the valuation established by the City for the ensuing five-year period. In the event the appraisal established by the City of Seward is not agreed to by the Lessee, said Lessee shall notify the City of Seward of its nonconcurrence within ten (10) days of the date it receives notice of the City's valuation and shall within the same period place on deposit with the City of Seward a one-year rental amount based upon the City's valuation, to be retained by the City until an appraised valuation calculated in acoordance herewith has been satisfactorily established. In such event and under such circumstances, the lessee having notified the city of its nonconcurrence with the city's valuation, may employ an appraiser who is a member of the Society of Real Estate Appraisers or the American Institute of Real Estate Appraisers and request that the City secure the services of an appraiser with like qualifications (the expense of both appraisers to be borne by the Lessee) to determine the valuation of said land com- prising the premises, and said valuation shall be completed on TEL.E.-HONIES 277."" .71..... or before the expiration date of each five-year period. In the ~17' vent that the appraisers selected by the City and the Lessee Page 1 B of Page 1,lA, lB and lC \ ..... L....w OFFICES POLLOCK 8r: JOSEPHSON S\JITE2.3 :!2$ H STREII!:T ANCHORAGK,ALASKA TELISPHONlE8 271-8411 21&*.." ~17. ... ..., ........~,;j \olo --7.-=- - respectively are unable to agree upon a valuation of the land comprising the demised premises, they shall certify such fact to the city and the Lessee, and the city and the lessee shall jointly designate a third appraiser having like qualifications, and a decision of the majority of the appraisers so appointed shall be final and binding upon the parties. Cost of the third appraiser shall likewise be borne by the lessee. When the appraisers or a majority of them have established the appraised valuation of the land demised, the Lessee shall pay the City upon the latter's request, and in no event later than thirty (30) days following such request, the difference (if any) between the amount previously deposited based upon the City's appraisal and the amount required under the rental formula herein provided based upon the appraisers' valuation, if the latter shall be greater than the appraisal established by the city and with which the lessee did not concur. If, on the other hand, the appraised valuation of the land by the appraisers or a majority of them shall be less than the City's appraisal, then the City shall, upon the request of the lessee and in no event later than thirty days following such request refund to the lesee the difference between the amount previously deposited by the lessee and the amount required under the rental formula herein provided based upon the appraisers' valuation, if the latter shall be less than the appraisal established by the city, Erovided however that in no event shall the annual rental at any time during the term of this lease, or any continuance or renewal hereof, be less than $ 772.20 net to the Lessor. Page 1 C of Page 1, lA, 1B and 1C \ r The annual rental for the first year to be paid in advance upon signing this lease and receipt of which is hereby acknowledged. Annual rental of Seven Hundred Seventy Two and 20/100 - - Dollars to be paid for each of the following yearsJ on the ~ day of July , 1967 and on the 17thlay of JUly , 1968, 1969, 1970, and 1971. Annual rental of Dollars to be paid for each of the following years: on the day of . 1972, cmd on the _ day of , 1973, 1974, 1975, and 1976. Annual rental of Dollars to be paid for each of the following years: on the day of , 1977, and on the _ day of 1978, 1979, 1980, and 1981. Annual rental of Dollars to be paid for each of the following years on the day of , 1982, and on the _ day of 1983, 1984, 1985, and 1986. Annual rental of Dollars to be paid for each of the following years: on the day of , 1987, and on the day of , 1988, 1989, 1990, and 1991. Annual rental of Dollars to be paid for each of the following years: on the day of , 1992, and on the _ day of , 1993, 1994, 1995, and 1996. -2- P1 JfI1 yfrJ Yf3 It is further agreed by the LESSOR or by the LESSEE or mutually agreed between the parties as follows: 1. The LESSEE hereby cov~~ants as conditions necessary to the continuance of this lease the conditions set forth belows (a) That it will continue in end diligently pursue an Boat Building and Repair and Marine SUPpl3 and related operation as a """'~~R~Jllt services and will not conduct an operation in lieu thereof for any other purpose without the prior 'lnr.:'i tten approval of the Common Council of The City of Se"1::"sd, rzs:::re.: (b) That it will p?y the rents. taxes, assessments, insurance premiums, and all other sums when required to be paid, without delinquency: (c) That it \nll submit a plot plan and elevations of any proposed structures for Council approval prior to any construction to facilitate the LESSOR.S control of the development of the area in accordance with the over- all developmant plan for the area: (d) That it will conform to The City of Seward Building Code, and to all other laws, rules and regulations of any duly constituted governmental er.tity having jurisdiction, (e) That it has examined and knows the conditions of the said premises, ~~d it h~s received said premises in good order and condition without any exceptions: (f) That it will furnish the LESSOR with Certificates of Insurance (with stipulation thereon that the LESSOR will be given fifteen (15) days notice in writing of intent to cancel) evidencing liability coverage in the amount deemed adequate by the Seward City Manager, but (1) Not less th~l $50,000.00 of bodily injury liability coverage per individual and $100,000.00 per accide~t, no less than $25,000.00 of property -2\3 r damage liability coverage for claims for damages for personal injury, including death, and for property damage which may arise from the operation of the business to be conducted on the leased premises, or by the acts of the LESSEE, their employees, agents, servants, customers, or other licensees or invitees: (2) Workman's Compensation Insurance in accordance ,,,i th the laws of the state of Alaska or any applicable laws of the United state government. (g) That it will for itself, its principals, officers, employers, employees, associates, agents, representatives, successors, heirs or assigns, licensees or invitees, protect, defend, save harmless and indemnify the LESSOR, it.s officials, employees, and authorized representatives, against any loss, cost, damage, expense, judgement or liability of any kind whatsoever, from or by reason of or on account of or as a result of the activity of the LESSEE or its associates under the work contemplated to be performed by the LESSEE hereunder, including the per- formance of any labor or the furnishing of any material, or any claims for injury to persons or property or death to third parties or to employees of the LESSEE, or for any damage to any property or claims of liens of work- men and materialmen of or for LESSEE, or for any other reason whatsoever, including acts of omission, result.ing directly or indirectly from the performance of work by boat building and repair and marine a ~&ZX~ supply and relate( the LESSEE in operating services business as contemplated by this document: (h) That it will not assign this lease, nor let or under- let the "mole or any part of the said premises without -3- the prior written consent of the LESSOR: that it will not occupy or use the said premises, nor permit the same to be occupied or used, for any other kind of business boat building and repair and marine supply and re- than a ~~~ lated services business; (i) That it will conform with all requiremr~nts of police, fire safety, or other laws. rules or regulations of any government agency having jurisdiction over the premises or operation of the business of the LESSEE: and that it will not permit any unlawful or prohibited activity on said premises: (j) That it will pay all municipal, borough. state, and federal taxes which may be assessed by any appropriate taxing authority against inventory, stock, equipment, fixtures, improvements, income, or otherwise, whether within or on said leased premises, as t.he same shall become due: and shall likewise make timely payments of any le<Jal assessments against the property: (k) That it will pay the cost of heat, water, gas, electricity, garbage and refuse collection, sewage, or any other utility serving said leased premises, for Which a utility is assessed: (1) That it will at all times keep the premises neat and clean, and in a sanitary condition: (m) That it will allow the LESSOR or the agent of the LESSOR free access to said premises at all reasonable times for the purpose of inspection: (n) That it will proceed wit.h due diligence to construct boat building and repair and marine building for ~~xsesZKBxaRk supply and related a permanent servies business on said premises wit.hin ten (10) months of the date first \~itten or this lease shall be null and void: -4- r--------------- _____~___m_____ . (0) That it will ~ubmit to the city Manager preliminary boat building and repair and marine plans for a P&KmaHeRkxeafeXaEXXesEaHB&Kkx supply and related services business by as evidence of compliance with Section 1 (n). 'PRe l.BfS:OEB cCve:Plan:t3 t:l.a't ttpOI~ cou,pl~L~()l.l or lln::: any temporary. buildings entirely premises at its event of or inability of the LESSEE to improve- ments from indicated, the LESSOR may to be the expense of the LESSEE, e LESSEE confesses judgement cost that therewith, including a reasonable a 3. That t.he LESSEE covenants that in the event it shall violate, refuse, or omit to perform any of the covenants or conditions herein contained, or in case the said leased premises shall be vacant, abandoned, or deserted by the LESSEE, the LESSOR or any other person or persons by its order, may re-enter the same, either by force or otherwise, without baing liable to any prosection therefore: and, in such event, the LESSEE further covenants that the LESSOR may elect either to terminate the term of this lease or renewal thereof, or may relet the said premises at any time as the agent of the LESSEE or otherwise, for whatever rent it shall obtain, applying such rent first to the payment of such expenses as the LESSOR may be put to in re-entering and re-letting, and then to the payment of the rent due hereunder and the fulfillment of the LESSEE'S covenants, thereafter paying over to the LESSEE the balance, if any: and, further in such event, the LESSEE covenants that in -5- / in the event of a deficiency, the LESSEE shall remain liable therefore~ except that violation of Section 1 (n) shall cause this lease to be null and void: 4. That the LESSEE covenants that in the event this Agreement is terminated by LESSOR under the covenants of Section 3 and Sectiong of this Agreement, that any permanent improvements and appurtenances, and all and singular the tenements, here- ditaments and appurtenances thereunto belonging or in anywise appertaining, shall become the property of the LESSOR to peaceably and quietly have, hold, and enjoy: 5. I,IEJ:\'S AND CLAIMS: LESSEE ag ees to save LESSORS harmless from any claims, causes of act.ion, or mechanics' or material- men.s liens arising out of the use and occupancy of the demised premises by LESSEE, and LESSEE specifically agrees to suffer no lien to be placed on the premises by virtue thereof, or by reason or any alterations or repairs ordered or contracted for by LESSEE, during the term t.hereof~ 6. In consideration of the premises, the LESSOR hereby covenants and agrees with the LESSEE as follows: (a) That at the time of the ex~cution of this document, it is the sole owner in fee simple of the premises hereby demised, and has the full right to lease the same for the term aforesaid and under the condition contained herein (it is expressly understood between the parties that the above covenant of the LESSOR constitutes a warranty by it, and in the event it does not have the title and rights aforesaid, in that event only this lease shall become voidable at the option of the LESSEE, and no rent under such option would be due for the remainder of the term aforesaid): -6- (b) That it will put the LESSEE in actual possession of the demised premises at the beginning of the term aforesaid, and on payment of the rent and performance of the covenants herein by the LESSEE, it shall be authorized to peaceably and quietly have, hold, and enjoy the demised premises for the term and subject to the conditions herein~ (c) The LESSOR shall not unreasonably withhold its consent to an assignment or subletting of the leased premises by the LESSEE ~ business the shall conform 7. The covenants, .oondi tions, stipulations and aqreements contained herein are interdependent, and are binding upon the legal representatives, successors-in-interest or assigns of the parties. 8. It is understood and agreed by the parties hereto that neither party shall have the right to terminate this lease for the default of the others unless such default remains uncured for thirty (30) days after notice in writing to the oeler party, specifying the nature of the default~ provided, however, that if because of circumstances beyond the control of the LESSOR it cannot cure a default on its part within such time, and such default does not interfere with the use, occupancy, and quiet enjoyment of the leased -7- premises by the LESSEE, then the LESSOR shall have a reasonable additional time within which to cure such default: 9. It is understood tnd agreed by the parties hereto that the covenants, conditions, stipulations and terms of this document shall inure to the benefit of and be binding upon not only the principals, but their assigns, or successors- in-interest. 10. This instrument contains the entire agreement between the parties, and no statements or inducements shall be valid or binding if made by either party hereto, which are not contained in a duly executed rider to this document. Accordingly, this contract may not be enlarged, modified, or altered except in writing duly executed by the parties with like formality. IN W~TNESS t~REOF, the parties hereto have executed this document by and through their duly authorized officials as of the day of , 1967. TUE CITY OF SEt-lARD, LESSOR By: Kester L. Dotts City Uanager By: Beatrice E. Watts City Clerk-Treasurer ACI<Not'JLEDGEr.mN'l' S'1'1.TE OF ALASKA ) ) SSe THIlU) JUDICIAL DISTRICT ) On this day of , 1967, before me, the undersigned, a Notary Public in and for the said state, per- sonally appeared Kester L. Dotts and Beatrice E. Watts, respectively City l.ianager and City Clerk-Treasurer of The City of Seward, knO\ffi to me to be the identical individuals who executed the foregoing -8- r instrument and they acknowledged to me that ';,hey executed the sa'tle as their free and voluntary act and deed, with full authority so to do and with full knowledge of its contents, for the uses and purposes therin p,",ntioned. IN WITNESS ~mEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. Notary Public, my commission expires LESSEE: E & A BOAT BUILDERS By: (Owner) Andrew (Andy) Endresen By: (Owner) Emily Mary Endr4sen ACIG10l'JLEDGEHENT STATE O~" ALASKA ) ) SSe THIRD JUDICIAL DISTRICT ) On this undersigned, appeared respectively day of , 1967, before me, the a Notary Public in and for the said State, personally ~f , knO\~ to me to be the identical individual_ who executed the foregoing instrument and __he_ acknowledged to me that __he_ executed the same as free voluntary act and deed, with full knowledge of its contents, for the uses and pur- poses therein mentioned. IN WITNESS ~rrD7,REOF, I have hereunto set my hand and affixed my official seal the day and year written above. Notary Public, my commission expires -9-