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HomeMy WebLinkAboutRes1978-018 r 4/27/78 RHJ:jes CITY OF SEWARD, ALASKA RESOLUTION NO. 78-18 A RESOLUTION DISPOSING OF CITY-OWNED LAND BY LEASE TO THE NORTH PACIFIC RIM CORPORATION WHEREAS, the City of Seward, Alaska, is the owner of that certain real property described as follows: that certain structure commonly referred to as the "Old Alaska Railroad Carpenter Shop" located on Tract 2, City of Seward Waterfront Tracts, as shown on the survey of same prepared by Hewitt V. Lounsbury and Associates, dated September 1, 1969, and presently filed with the City of Seward, and WHEREAS, the City is committed to assisting in the development of an expanded youth recreation program for residents of the City, and WHEREAS, the City Council hereby determines that the above-described real property has not been previously dedicated to a public use or purpose, and WHEREAS, the City Council believes that the short term lease of the above-described property to the North Pacific Rim Corporation would greatly facilitate the development of such a program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Alaska, that the City of Seward, Alaska, hereby disposes of the above- described real property pursuant to the Lease Agreement attached hereto and incorporated herein by reference. AND, BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute said Lease Agreement. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 24th day of April, 1978. CITY OF SEWARD, ALASKA ,; AYES: NOES: ABSENT: CAMPBELL, GILLESPIE, HUGLI, LEER, MOTT AND VINCENT NONE POTTS I~--V------ I 4/14/78 RHJ: j es "''T LEA S E A G R E E MEN T THIS AGREEMENT is made this day of , 1978; by and between the City of Seward, Alaska, a municipal corporation, organized and existing under the laws of the State of Alaska, here- inafter referred to as "Lessor"; and North Pacific Rim, an Alaskan corporation, hereinafter referred to as "Lessee". WIT N E SSE T H WHEREAS, the Lessor is owner of that certain real propert~ described below, and WHEREAS, the Lessor has no immediate need for the said property, and WHEREAS, the Lessee desires to lease the property for an : indefinite period for the use as a youth center; NOW, THEREFORE, it is agreed as follows: 1. Demising Clause. The Lessor does hereby lease, let and rent to Lessee that certain real property described as follows: that certain structure commonly referred to as the "Old Alaska Railroad Carpenter Shop" located on Tract 2, City of Seward Water- front Tracts, as shown on the survey of same prepared by Hewitt V. Lounsbury and Associates, dated September 1, 1969, and presently filed with the City of Seward 2. Term. This lease shall be for two years, after which time the parties hereto may negotiate an extension. 3. Consideration, The rental shall be one dollar ($1.00) per year, payable in advance. 4. Utilities. Lessee shall pay all utilities in con- nection with the occupation of the premises including, but not limited to, heat, lighting, sewer, water and garbage collection costs. 5. Insurance. Lessee shall be required at all times from the date hereof to carry general public liability insurance on the said property which will provide insurance coverage against claims arising out of bodily injuries occurring on the premises to the extent of two hundred thousand dollars ($200,000) per claim and to carry standard fire insurance to protect against both damage to the demised premises and the surrounding structures arising from fire on the demised premises. Lessor shall in all events be named as a named insured on such policy or policies. Fire insurance proceeds arising from damage to the building shall, at the option of the Lessor, be applied to the repair or recon- struction of the demised premises or such other use as the Lessor shall, in its sole discretion, determine. 6. Permissible the demised premises any State or Federal law, or Activities. Lessee shall not conduct on activity which is in violation of City, which constitutes a public nuisance. , I i I ; I I I J 'I I, r i , ' il demised cal and demised 7. Fixtures. Any permanent improvements made to the premises including, but not limited to, heating, electri- plumbing systems shall become a permanent part of the premises upon installation. 8. Condition of Premises. Lessee shall return the de- mised premises to the Lessor in the same or similar condition to that existing at the commencement of this Agreement, subject to normal use and deterioration. 9. Major Repairs. Lessee shall not be responsible for , any major repairs to the structure or roof of the demised pre- ,mises. If the demised premises is destroyed in whole or in part, the Lessor shall have the right to terminate this Lease as of the date of such destruction. 10. Default. If the Lessee should fail to perform each and every condition of this Lease Agreement for a period of ten (10) days, Lessor shall have the right to terminate the lease ,immediately, re-enter and retake the premises without prior notice ! The failure of Lessor to terminate the Lease, re-enter and retake il the premises upon learning of the failure of the Lessee to perform : a particular condition of this Lease shall not be deemed as a i:waiver of Lessor's right so to terminate, re-enter and retake. " " CITY OF SEWARD, ALASKA Clarence E. Johnson City Manager ATTEST: JoAnne E. Shanley , City Clerk-Treasurer (City Seal) NORTH PACIFIC RIM " I, DeTenty Tabios Executive Director I :i (Seal) APPROVED AS TO FORM: i I,HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN iAttorneys for the City of Seward Ranald H. Jarrell I Resolution No. 78-18 Page Two ATTEST: /-1 ' c ') " i~I)'\!'j<J.j l ._'''.L\'ln ,Juf JoAnne E. Shanley ( City Clerk-Treasurer (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska ~if}~ Ranald H. arrel