HomeMy WebLinkAboutRes1967-665
RESOLUTIC>>J NO. 665
BE IT RESOLVED that the Commercial site Lease of Uplands, which contains
all of the provisions of the City's approved standard form of lease agree-
ment for use in leasing sites in the Seward Municipal small Boat Harbor
Area, consisting of Pages 1, 2, 2a, 2b, 3 to lO inclusive and in addition
an unnumbered page titled, "Harbor Float Space Agreement, whereby The City
of Seward leases to Alaska Marine & Equipment, Inc. of Anchorage, Alaska
a parcel of land situated South of the Marina Subdivision, containing
20,589 square feet. the legal description of which is set forth within
the attached Lease Agreement, and also leases float space as set forth
below, be and is hereby approved and authorized, including all of the fol-
lowing specific requirements:
(1) The Lease Agreement shall be entered into as of the first day of
January, 1968.
(2) Term of Agreement shall be thirty (30) years commencing the first
day of January, 1968.
(3) Lease rental for the initial five year term, of the rental adjustment
provisions, shall be three cents (3~) per square foot per annum.
(4) Harbor ploat Space Agreement for use of the space on each side of
the Main Float between Floats A and B, in conjunction with the afore-
described lease, for the sum of $450.00 per annum.
(5) The approved use of said site is to conduct a marine sales and repair
operation.
(6) A permanent building for such operation shall be cClIlIIllenced within
ten (10) months of the date of the Ilqreement.
(7) Preliminary plans for said permanent buildin 9 shall be submitted
by April 1968.
The aforedescribed Agreement for Commrcial Site Lease of Uplands is
attached hereto and made a part hereof the same as if set forth in full
hereinJ and
BE IT FURTHER RESOLVED that the requirements of Ordinance NO. 315 pertain-
ing to a public hearing be and are hereby waived inasmuch as the provi-
sions of this standard form agreement have been before the public in con-
nection with other leases and there has been no adverse comment filed with
the City reqarding the provisions of such standard form lease.
This Resolution shall be published by posting a copy thereof on the bulle-
tin board at City Hall and publishing a brief statement of the purposes
of said Resolution in a newspaper of general circulation in The City of
Seward within a reasonable time: and shall become effective thirty (30)
days thereafter.
Passed and approved by the City C,ouncil of The C~ity of eward, this
day of NOVemb, er, 1967. LJ j ,- , /J
At~e t: 7' .t:L (,,1/ ' ~
_ _ --' -;/;,; /2 / r ~ ~' R. w. Kirkpat ick. Mayor
l3e~tr ce E. watts.City C er -Treasurer
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~RCIAL SITE LEASE OF UPL~S
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THIS AGItBBMBNT Qde and entered into thie /~/A?q
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<v/:;N{)A~Y
, 196i,' between The City of Seward, Alaska
acting through its City Manager and City Clerk as authQrize4 by
RESOLUTION NO.
enacted by the Common Council of The City Qf
day of 1(0 v'
, 1967, hereinafter
Seward, Alaska on the PZ 0
called the LESSOR, and
of
AncbQrage, Aluka
Alaska Mal'in. & Equt....t. 11\<:.
. h~tt.r ca_" the LBSSD.
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TO ALL WHO ~y . CQll'CBRllBD IIIU'flft, WIT BB sa B T B t
The LESSOR hereby leas.s to the LESSEE, and the LESSEE hires
frC* the LESSOR, for the specific purpose of conducting a ~~!ne..
sales and r~pair
business and for no other purpose
those certain premises situated in ~he City of Seward, Borough of
Kenai Peninsula, State of Alaska, more particularly described as
follows, to-witt
Beginning at a brass cap monument, established by Marina Subdivision
Survey, as recorded in Seward Recording District, March 17, lY67,
under plat no. 51, being situated at the intersection of the center-
lines of Fourth Avenue and the South Access Road, and run thence
S 890 59' 45" W, along the centerline of the South A~cess Road,
228.75 feet: thence S 030 21' W, 33.06 feet to the true point of
beginning: thence continuing S 030 21' W; 110.18 feet: thence
N 890 59' 45" E, 177.67 feet: thence N 200 29' 45" E, 36.30 feet:
thence along a curve to the left through a central angle of 070 26'
20", a radius of 217.00 feet for a distance of 28.17 feet: thence
along a curve to the 1e~t through a central angle of 1030 03' 40",
a radius of 40.00 feet for a distance of 71.95 feet: thence S 890
59' 45" W, 153.10 feet to the true point of beginning.
Containing 0.473 acres, more or less - 20,589 sq. ft.
The LESSEE to have and to hold the same premises for a term of
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terminating as of midnight on the Ll!sr
day of V;;~IV/?.e t- __, - J
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day of j)b~Ct:Plf3ef., J~\
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lease agreement to be re-negotiated in regards to valuation
period dur~'
(@v) years, beginning on the6..e~T
and annual rental at the expiration of each five (5) year
inq the ~/L r'l
(a,) year period.
~~h Annual rental
'::{1..f such other appointee
to be paid in advance yearly to said LESSOR or to
as the LESSOR may from time to time in writing
duignate, or to the legal representative of the LESSOR, .1: such place
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a. may be I;!esignated, ,on or before the L/j., r
,day ofPt.-C_-CR78cA:,:
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19~, and each year thereafter. The annual rental for the first year
to be paid in advance upon signing this lease and receipt of which
is t ,J
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hereby acknowledged.
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Annual rental of ~ if. h.h- ~~ < \'~ <-<~-4-b..---11 C2~ ~<h::""-~,,--,-----,---
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Dollars to be paid for each of the following years, on the l.,i?sr
day of Yt::.'C E'm/}i7./c" , 1968 and on the L.4.::.r
lJ 19'1'-" /<171 /912-
1961, 1%9, J:9fl)- and 19Ti.
day of 2>eC.E/I'II3EA J-~;-~~
t' _ ,,(l/}-/I'
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Annual rental of
Dollars to be paid for each of the following years, on the
<,
day of
, 1972, and 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
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1993, 1994, 1995 and 1996.
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BARJ9R FLOAT SPACE AGItEBMEIIT
Ala.ka Marine & Equipment, Inc., of Anchoraq., Ala.ka is
hereby granted the privilege of renting float .pace in the Seward
Municipal Boat Harbor for use in conjunction with their Marine
Sale. and ..pair operation establi.hed in the Marina Sub-division
of seward, Alaak..
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ploat IIOOrlDg .pac.. ahall be daat 1Ip&C. on eaoh dele ot
the MaiD ploat betwe.n Ploat. A ..a B an4 .hall b.
rented 011 . y.arly rental ba.i. startinqQtuvUA.K. y
'\~ 196', with yearly rental of c:/~ L-ed4" ufrl )),~i
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" '\ ($ if~i) ~ ) Dollars per year payable in advance.
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Length of time this float space will be rented to Alaska
Marine and Bquipment, Inc., shall be the same length of time in
which space in the Marina Sub-division is leased to Ala.ka Marine
& Equipment, Inc., and shall be under the same general terms and
condition. except that providing yearly rental is not paid in
advance a 10% penalty shall be added the same as other moorinq
space within the Small Boat Harbor and should yearly rental not
be paid within thirty (30) days after same become due and payable
the City shall not be obligated in any manner to reserve said
mooring spaces and may rent such space on a first come basis.
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ALASKA f'IlAAIf'/E f:lND
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Space Designation plat
WORDING P'OR LEASE AGREEMENT
The parties agree that the annual rental for the initial five
(5) years of the lease term shall be $---:_' -1 1--
and the parties further agree that at the expiration of the initial
per square foot,
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
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rental to be recomputed in accordance with such valuation. " ~('/
Not less than sixty (60) days next preceding the expiration o~ \\\~y
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each five-year period, the City shall notify the lessee of the valua- \~t\
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tion established by the City for the ensuing five-year period.
the event the appraisal established by the City of Seward is not
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agreed to by the Lessee, said Lessee shall notify the City of Seward
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of its nonconcurrence within ten (10) days of the date it receives
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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 accordance herewith has been
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established. In such event and under such circumstances, the lessee
having notified the city of its nonconcurrence with the city's
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valuation, may employ and 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
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to be borne by the Lessee) to determine the valuation of said land
comprising the premises, and said valuation shall be completed on or
before the expiration date of each five-year period. In the event
that the appraisers selected by the City and the Lessee respectively
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are unable to agree upon a valuation of the land comprising the
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demised premises, they shall certify such fact to the City and the
Lessee, and the city and the lessee shall jointly designate a third
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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 ba.edupon the City's appraisal and the
amount required under the rental formula herein provided ba.ed 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 lessee 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, ~ovided 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 les8 than
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1-, 7 ;,.,(",., ,
net to the Lessor.
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