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HomeMy WebLinkAboutRes1993-105 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE ASSIGNMENT OF LEASE OF LOT 6, BLOCK 1, MARINA SUBDIVISION, FROM MILOS NIKOLIC TO JOE K. KIM WHEREAS, Milos Nikolic, lessee of Lot 6, Block 1, Marina Subdivision, (RE84-040) has sold his business and lease interest to Joe K. Kim; and WHEREAS, both parties wish to have the lease agreement associated with this land parcel assigned from Mr. Nikolic to Mr. Kim; and WHEREAS, it has been determined that the proposed continued use of the land as a restaurant and office lese site is compatible with the zoning uses allowed in the Harbor Commercial District; and WHEREAS, it has been recommended that all of Mr. Nikolic's lease, utility and tax accounts associated with this lease site be brought current as a condition of the city's consent to the assignment of the lease to Mr. Kim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is hereby authorized to execute the Assignment of Lease Consent for Lot 6, Block 1, Marina Subdivision, from Milos Nikolic to Joe K. Kim, a copy of which is attached and incorporated herein by reference; provided, however, that all lease payments, utilities and tax accounts associated with the lease site have been brought current. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26th day oOuly, 1993. THE CITY OF SEWARD, ALASKA ~1iJ, L<.. ~. C "lAm Q j Dave W. Crane, Mayor . . . _ JOK_W q . d Recordinq PAGE..k) 5'6 District ASSIGNMENT OF LEASE THZS AGREEMENT, made and entered into between XZLOS NZKOLZC, of P.O. Box 1149 Seward, Alaska 99664 hereinafter called the ASSZGNOR and JOE K. KZX , of P.O. Box 649, Seward, Alaska 99664, hereinafter called the ASSIGNEE; WHEREAS, by lease dated May 23, 1984, and recorded by Lease Memorandum July 11, 1984, as Document No. 84-1231 in book 34, beginning at page 189, Seward Recording District, Third Judicial District, State of Alaska, made between the city of Seward and Howard B. Johnson, the premises described as Lot 6, Block 1, Marina Subdivision, city of Seward, Alaska, containing 8,357 square feet more or less, were leased to the Howard B. Johnson for thirty (30) years from the 15th day of June, 1971, and subject to the covenants, conditions and stipulations therein. WITNESSETH, by Assignment of Lease dated May 15, 1985 and recorded June 17, 1985 in book 39 beginning at page 133, said lease was assigned from Howard B. Johnson to Michael C. Norman subject to the original lease covenants, conditions and stipulations. WZTNESSETH, by Assignment of Lease dated January 9, 1990 and recorded January 10, 1990 in book 56 beginning at page 965, said lease was assigned from Michael C. Norman to Howard B. Johnson subject to the original lease covenants, conditions and stipulations. WITNESSETH, by Assignment of Lease dated January 9, 1990 and recorded March 19, 1991 in book 57 beginning at page 404, said lease was assigned from Howard B. Johnson to Milos Nikolic subject to the original lease covenants, conditions and stipulations. WZTNESSETH, by Lease Amendment No. 1 dated October 14, 1991 and recorded November 9, 1991 in .book 63 beginning at page 203, said lease term was extended through June 30, 2010 subject to completion of a building expansion. WITNESSETH, that in consideration for valuable consideration paid by the Assignee to the Assignor, receipt whereof is hereby acknowledged, the Assignor assigns to the Assignee the premises described in said lease, as amended, for the unexpired term of said lease, subject to the payment of rents and performances of the covenants, conditions and stipulations therein. Le.uc A...-llE-04O 1 . . . -\ BuOK ([ /--f '-eward Recording PAGE~ District The Assignee covenants during the continuance of said term to pay the rents reserved and to perform the covenants, conditions, and stipulations in said lease, as amended, to be performed by the Assignor and to keep indemnified the Assignor against all actions, claims, and demands whatsoever in respect to the said rents, covenants, conditions, and stipulations, or anything relating thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates indicated. :\:~w~\ MILOS NIKOLIC ' Date: (;, IV. L(3 ASSIGNEE: \ Date: 9' . ,..) CONSENT OF LESSOR TO ASSIGNMENT The City of Seward hereby consents to the above assignment, provided that the covenants, conditions and stipulations in the Lease as amended shall remain in full force. DATED this / ~l.1! day of :5EPTEVk (3 i ~ , 1993. THE CITY OF SEWARD, ALASKA M~ CITY MANAGER ATTEST: APPROVED AS TO FORM: WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT, Attorneys for the City of Seward, Alaska f1!4Z?'~Jn Tom Kllnkner, City Attorney Leue A..ipmcal RB-04O '. / ,/ 2 . . . _JOK~PAGE l[ (eei - - i Rt:cordin! District STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 10 day of Ju JJf: , 1993 before me, the undersigned, a Notary PUblic .in and for the State of Alaska, personally appeared~'Lo.s AhlpUC.. Jo~ K,M., known to me and to me known to be the lndi vidual flamed in and who executed the foregoing document, and he acknowledged to me that he signed and sealed 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. d ,'. .... . OJ ~, C;;'~:.;?/tfJ ~' .' ~< .~:>.:~.~:;.:.Z~\.:.... :. OF ALASKA ) ) ss. ) THIS IS TO C IFY that on this day of .;:;;",,'" .- ",,", 1993, before me, the dersigned, a Notary Public in and for-the State of Alaska, persona appeared , known to me and to me known to the individual named in and who executed the foregoing document, nd he acknowledged to me that he signed and sealed the same as his ee and voluntary act 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: Return to: 9 3- I I 8 7 ad ,00 c: L:.;' LYFll,[t[ ~ ~ E '.ai ,\ He HE CORO\t; G DiSTRICT 3EP 15 18 09 ~~ 1~c ,. rr-~ 'EQUESI"Utl~ ~L~ .\OORESS City of Seward P.O. Box 167 Seward, AK 99664 Leue Auic-t lUl4IO CITY OF SEWARD, ALASKA RESOLUTION NO. 93-105 . AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Darling, Krasnansky, Sieminski & Swartz None White None A TIEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~/~ City Attorney . (City Seal) .