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HomeMy WebLinkAboutRes1994-037 . . . Sponsored by: lones CITY OF SEWARD, ALASKA RESOLUTION NO. 94-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, FINDING THAT THE AMENDMENT TO LEASE AS APPROVED BY RESOLUTION NO. 93-159 IS CRITICAL TO THE CONTINUATION OF SEWARD SHIP'S CHANDLERY AT THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, on November 22, 1993, the Council approved Resolution No. 93-159, approving an amendment to the lease with James T. Pruitt, dba Seward Ship's Chandlery, increasing the size of the Seward Ship's Drydock lease site at the Seward Marine Industrial Center; and WHEREAS, Section 2 of that resolution required that the lease expansion could take place only after the City Council found that the amendment to the lease was critical to the continued operation of Seward Ship's Chandlery at SMIC; and WHEREAS, the city retained Kumin Associates, Inc., and its subcontractor, Mikunda, Cottrell & Company, to perform the third party review; and WHEREAS, the review has been completed and has validated the necessity of the lease expansion to the continuation of the business at SMIC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Council finds that the lease amendment approved by Resolution No. 93-159, authorizing the expansion of the Seward Ship's Chandlery lease site, is critical to the continuation of Seward Ship's Chandlery at the Seward Marine Industrial Center. Section 2. The lease amendment approved by Resolution No. 93-159 shall take effect immediately upon adoption of this resolution. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th day of March, 1994. THE CITY OF SEWARD, ALASKA J;:; 'I ~ C" .a:t~ . \. ,. I -L-Ct ~ Dave W. Crane, Mayor AMENDMENT TO LEASE AGREEMENT . This Amendment to Lease Agreement (the "Amendment") dated as of August 1, 1993, between the City of Seward, Alaska (the "City"), whose address is P.O. Box 167, Seward, Alaska 99664, and James T. Pruitt d/b/a Seward Ship's Chandlery (the "Lessee"), whose address is P.O. Box 944, Seward, Alaska 99664. WHEREAS, City and Lessee entered into a Lease Agreement effective as of September 22,1988 (the "Lease"), a memorandum of which was recorded at Book 53, Page 255, Seward Recording District, Third Judicial District, State of Alaska, under which Lessee leased from City certain real property located in the City of Seward and delineated and described in Exhibit A hereto (the "Original Leased Land"); and WHEREAS, certain rights and obligations of City and Lessee under the Lease were determined by an Arbitrators' Decision and Order dated January 4, 1993 (the "Arbitrators' Decision"); and WHEREAS, Lessee desires to lease from City and City desires to lease to Lessee certain additional real property delineated and described in Exhibit A hereto (the "Additional Land") consisting of 126,350 square feet, more or less, adjacent to the Original Leased Land, for the rent set forth herein and under the terms and conditions of the Lease as interpreted by the Arbitrators' Decision. . NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: Section 1. Effective August 1, 1993, the "Leased Land" referred to in the Lease shall consist of the Original Leased Land plus the Additional Land. Exhibit A hereto shall replace the original Exhibit A to the Lease. The Additional Land shall be subject to survey and platting as provided in Sections 1.2 and 1.3 of the Lease, provided that the time for Lessee to conduct a survey of the Additional Land shall run from the effective date of this Amendment set forth in Section 5. Section 2. From August 1, 1993 through September 30, 1995, the annual rent for the Additional Land shall be $0.16 per square foot, resulting in a total annual rent for the Additional Land of $20,216.00. Thereafter, rent for the Additional Land shall be subject to adjustment as provided in Section 5.2 of the Lease. Lessee has paid in advance six months' rent for the Additional Land in the amount of $10,108.00. Rent for the Additional Land for the period from February 1, 1994 through March 31, 1994 shall be due and payable January 1, 1994. Thereafter, rent for the Additional Land shall be payable at the same times as rent is payable for the Original Leased Land under Section 5.1 of the Lease. . AFF03830 . . . Section 3. Except as expressly provided herein, the leasing of the Additional Land shall be subject to all the terms and conditions of the Lease as interpreted by the Arbitrators' Decision. Except as expressly provided herein, all terms and conditions of the Lease as interpreted by the Arbitrators' Decision remain in full force and effect. Section 4. The Lease as interpreted by the Arbitrators' Decision and amended by this Amendment contains the entire agreement of the parties with respect to the matters covered by the Lease as so interpreted and amended, and no other agreement, statement or promise made by any party which is not contained in the Lease as so interpreted and amended shall be binding or valid. Section 5. This Amendment shall be effective 31 days after the passage and posting of Resolution No. 83m of the City approving this Amendment. CllY: LESSEE: CllY OF SEWARD, ALASKA JAMES T. PRUITT dba SEWARD SHIPS CHANDLERY lY~~ANAGER ~(2V~ MES T. PRUITT ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the City of Seward, Alaska ~ r Itt-- Thomas F. Klinkner City Attorney l . STATE OF ALASKA ) )ss. ) THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ~day of () J-D~ p'L,.. , 1993, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared JAMES T. PRUllT, known to me and to me known to be the individual named in and who executed the foregoing document, and he acknowledged to me that he signed the same as his free and voluntary act for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. V~~ ~. ,~uv\s---::> Notary Public in and for Alaska My Commission Expires: ~Ic STATE OF ALASKA ) )ss. ) . THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 1993, before me, the undersigned, a Notary Public in and for the S Alaska, personally appeared TYLER JONES, known to me to be the C' anager of the City of Seward, and known to me to be the individual ed in and who executed the foregoing document, and he acknowledg 0 me that is authorized to execute the foregoing document by authority gra him in the Charter and Code of Ordinances for said City and for the uses purposes therein set forth. my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: . AFF03830 EXH~B/T n \ , (' ,.... / (~ .., --7 , , - ,,:..:: )4:: I \l " '"" \...J tl1 TPO.f3. " 5.89.2547-1{( 3-25.00 j., ,.- -........... '--- - ~ \~ <::) SEWARD SN/~S DIl'YOOCk <::) '-J 'r::l .. .. LG'A3~ fI( '1ZJ 950 s.,n~ ~ . , .~ ~ . ~ ':l( J ..... -' , $.89 "2-5'47"W 325".00 ~ " 4ZS- ' 4 Z![ / pO.C. ~ Car. (/5.'< 165Ii-M.?;::t "f',,~ "'/~/L/_ ('0,,- f \ 35~9. 5(;. N. 50/".54 C. "I. ~ ~ ~ .... . S. 89 · 2" 47 - w. ..!:50.~_ _ _ --....\ (). 165 g. It; IS tkJ80.1/ 7 ~ ~ ~ ~ . ~ ~ "t:) '\:) '1 SCAla r;,/()o' .~ .~ ':t :'1 <;) ~ ~ . .s. Eo {'tV (/0$.1442' /'iT ",/of 1./!1.8.C ) /~.j!.I" AI. -z- ~()33."1 E. ""''-' /~ -/7. 6tJ OE~ 15_. ~ 14 f~ '88 c::~ r.hIJh. L. : c.;~~ V ^"",ESC~~wt\ AK- ct g (r{olf-- A 0 L GAL 0 SEWARD MARINE INDUSTRIAL PARK FJR SEWARD ShiP S CHANDLERY . ALASKA LMill SURVrn P:~,'mond M Bur?2SS RPlS.) 753-:) f\ ~28. JewerdJr: 996&4 ,'n g07-224-.'i026 . . ,,: ': ".'l' J,. !. : ~, '- CITY OF SEWARD, ALASKA RESOLUTION NO. 94-037 . AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski Anderson None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska -Q flt ,......, ~o...~~' ~lN\Q[)' i) QQ';~ Linda S. Murphy, CMC!AAE \ City Clerk . (City Seal) ~r~ City Attorney .