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HomeMy WebLinkAboutRes1993-152 . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE ASSIGNMENT OF LEASE OF SMALL BOAT HARBOR BOARDWALK LEASE SITE NO.3, WITHIN BLOCK 6, OCEANVIEW SUBDIVISION, FROM TRAILS NORTH, INC., TO CARL AND KIM HUGHES, DBA AURORA CHARTERS WHEREAS, Trails North, Inc., lessee of Small Boat Harbor Boardwalk Lease Site No.3, Block 6, Oceanview Subdivision, has sold its building and lease interest to Carl and Kim Hughes, dba Aurora Charters; and WHEREAS, both parties wish to have the lease agreement associated with this parcel assigned from Trails North, Inc., to Carl and Kim Hughes; and WHEREAS, it has been determined that the proposed continued use of the land as a charter boat office is compatible with the zoning uses allowed in the Harbor Commercial District; and WHEREAS, it has been recommended that all lease, utility and tax accounts associated with this lease site be brought current as a condition of the city's consent to this lease assignment; 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, a copy of which is attached and incorporated herein by reference, for Small Boat Harbor Boardwalk Lease Site No.3, Block 6, Oceanview Subdivision, from Trails North, Inc., to Carl and Kim Hughes. Section 2. Execution of the Assignment of Lease Consent on behalf of the city is contingent upon all lease payments, utilities and tax accounts associated with the lease site having been brought current. 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 25th day of October, 1993. . . . ~OOK '7(; PAGE Sf{ lo 5~ ~ DiIaIic& ASSIGNMENT OF LEASE TlUS AGREEHEB'r, made and entered into between TRA:ILS NORTH INC., of P.O. Box 1907, seward, Alaska 99664 hereinafter called the ASSIGNOR and CARL AND K:IK BUGHES DBA Aurora Charters of P.O. Box 241, Seward, Alaska 99664 hereinafter called the ASSIGNEE; WHEREAS, by lease dated April 28, 1986, and recorded by Lease Memorandum on July 2, 1986, in Book 43, beginning at Page 921, Seward Recording District, Third Judicial District, state of Alaska, made between the City of Seward and Trails North Inc., the premises described as Small Boat Harbor Boardwalk Lease site No.3, a portion of Block 6, Oceanview Subdivision, city of Seward, Alaska, containing 900 square feet more or less, were leased for 10 years from the 14th day of May, 1986, and subject to the covenants, conditions and stipulations therein. WITNESSE'1'B, that 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 for the unexpired term of said lease, subject to the payment of rents and performances of the covenants, conditions and stipulations therein. 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 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 WHBREO~, the parties hereto have set their hands and seals on the dates indicated. ASSIGNOR: TRAILS NORTH INC. ASSIGNEE: ~tdd~cLaI/~ ~y te: ;:J~ /!j;S-HJ / ' . . . _OOK 10 Seward Recording -nh ?S'2~ ~ 'I I - Dist..i.ct CONSENT OF LESSOR TO ASSIGNMENT The city of Seward hereby consents to the above assignment, provided that the covenants, conditions, stipulations in the Lease and all amendments thereto shall remain in full force. 16 day of NOli. DATED this , 1993. THE CITY OF SEWARD, ALASKA '~, iP~- T!L . ONE CITY MANAGER ATTEST: APPROVED AS TO FORM: WOHLFORTH, ARGETSINGER, JOHNSON AND BRECHT, Attorneys fo~tr~ BY: CITY ATTORNEY ,,, " <.Ci ty Seal).. . , . " STATE'lOP' >J.ASKA ) .' " . ~ \ ) ss . THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this J c.5 day of AJ c ~ , 1993, before me, the undersigned, a Notary Pub 'c in and for the State of Alaska, personally appeared \ ( i .;,.... known to me and to me known to be the lndlVl.dual named l.n and who executed the foregoing document, and he acknowledged to me that he signed and sealed the same as his free and voluntar~ act for the . uses and purposes therein set forth. <f. pr-L'::->icu..d... OrTY?}'.):::, fIOf-+-<'. I ill:..' WITNESS my hand and notarial seal the day and year first hereinabove written. ,) m...__ ,.~::--._- ?kh.cxl f:;t r:~SlYe Y'fLU' / Notary PubllC in and for Alaska My commission Expires: Leue .,4..a.iCn-' RE-OSO 2 . . . STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) . JOK~PAGE 5lB Seward Recording Diltric:c THIS IS TO CERTIFY that on this i ;:; day of N () J , 1993, before me, the undersigned, a N~ta~ Pub~ic i~ a~d for the State of Alaska, personally appeared (tp \. UILL\V'JU , known to me and to me known to be the indi v1dual nalUd 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 hereinabove written. STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) <._--._'--~----~--- . ~ _ ~ '~.1:."! - -. - -.,...- .~"::..E.:"'~' ~:' IS 'v ":"j\!~l!S!.'.' ....~t(.., July '~2.. ';;;4 , ......~..........-...................~..." ........._.....~.................-....-...-.........-............. THIS IS TO CERTIFY that on this ~S day of N r) J , 1993, before me, the undersigned, a N~~ary ~ublic in and for the State of Alaska, personally appeared \:S..: m L;' It'.....L:a..VUV , known to me and to me known to be the Individual nQed 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 hereinabO'v....WJ::i:t.ten..~--_n..... ~, ":"= '-'~.n ..,,; .1 ?'."': ~;". ...: l' .: r. ....;.; ~r.t't ....; i yo <-... : ~'.. J ... ....\-.....,.-"....~......._....-_........._...............,.............- Return to: City of Seward P.O. Box 167 Seward, Alaska 99664 Leue .4alc~- JlE.05I flili .J1- 1n and for Alaska Expires: 9 3-' 7 0 7 0 ~\lC C.~ 0,'~ILEL . '.'c,'" " f';"L~ORDING , ,. . - \... - ~JISTHICT ,JEC 15 3 5~~ 9:~ r. C'n, .-v-.~ 'Eo"r ., I I'ju-tLL0-\- ~ '" .J_~ ' .. ==cr ~DDRrS3 ~ . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-152 AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA fJn f f2 u.9. C Ao"i\L Dave W. Crane, Mayor Anderson, Bencardino, Crane, Krasnansky, O'Brien, Sieminski None Darling None A TIEST: (City Seal) APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~r~ City Attorney