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HomeMy WebLinkAboutRes1991-031 . . . sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE ASSIGNMENT OF LEASE INTEREST IN BOARDWALK LEASE SITE NO. 2 WHEREAS, W. Wood and Marlene Cole, lessees of Boardwalk site No.2, have sold their leasehold improvements to Richard and Linda Worobel: and WHEREAS, both parties now request that the lease be assigned to the new owners: and WHEREAS, the proposed T-Shirt/Gift Shop business was located in the adjacent rental site last season, and this use continues to be an authorized use in the Harbor Commercial District: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: section 1. The Assignment of Boardwalk Lease site No. 2 from W. Wood and Marlene Cole to Richard and Linda Worobel, a copy of which is attached and incorporated herein by reference, is hereby approved. 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 25th day of March, 1991. THE CITY OF SEWARD, ALASKA C' r;> ,I/V! /(L\'~L --.4 - 1':. c-4L~ David L. Hilton, Mayor AYES: Burgess, Dunham, Hilton, Krasnansky, Meehan, Sieminski and Simutis None None None NOES: ABSENT: ABSTAIN: -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-031 ATTEST: . . (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~J it! a1.-'-- Fred B. Arvidson city Attorney -2- . . . ( ( -':2.?/f B00K~PAGE~ Seward Recording District ASSIGNMENT OF LEASE THIS AGREEMENT is made and entered into between W. WOOD AND MARLENE COLE, of P.O. Box 1929, Kenai, Alaska 99611 hereinafter called the ASSIGNOR and RICHARD A. AND LINDA J. WOROBEL of P.O. Box 2072. Seward, Alaska 99664 hereinafter called the ASSIGNEE. WHEREAS, a lease, dated May 14, 1986, and recorded by Lease Memorandum May 22, 1986, in Book 93, beginning at Page 930, Seward Recording District, Third Judicial District, state of Alaska, was made between the City of Seward and J.B. Bennison, for the premises described as Small Boat Harbor Boardwalk Lease site No. 2 within Block 6, Oceanview Subdivision, city of Seward, Alaska, containing 900 square feet more or less, for 10 years from the 12th day of June, 1985, and subject to the covenants, conditions and stipulations therein. WHEREAS, by Assignment of Lease dated June 24, 1987 and recorded August 26, 1987, in Book 48 beginning at Page 256, said lease was assigned from J.B. Bennison to Jeanne Maddocks subject to the original lease covenants, conditions and stipulations; and WHEREAS, by Assignment of Lease dated September 1, 1987, and recorded October 8, 1987 in Book 48 beginning at Page 924, said lease was assigned from Jeanne Maddocks to Marv F. and Linda L. Mardock, subject to the original lease covenants, conditions and stipulations; and WHEREAS, by Assignment of Lease dated May 1, 1989, and recorded May 17, 1989 in Book 54 beginning at Page 576, said lease was assigned from Marv F. and Linda L. Mardock to W. Wood and Marlene Cole, subject to the original lease covenants, conditions and stipulations as amended; and 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 for the unexpired term of said lease, subject to the payment of rents and performances of the covenants, conditions and stipulations therein. NOW THEREFORE, 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. RECEIVED J U l 2 3 199J. , ,~ l,..-ir 'Ht: l...j: ,.j ,- ell'! CLERK . . . PAGE TWO RE-048 ASSIGN ( E()OK ~ { PAGE '-:~S?;l::; ,....rJ Recording District IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates indicated. ~~-' Marlene Cole Date: :5""-3 - '71 ASSIGNEE: .f.A2J. {' , ~l ){-]. (( Jc><-. ~_#' ichard A. Worobel ~:V(A Q, t~~'IJJ . a J. W6'robel Date: "i- 3- C; ! 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. nfAl g day of DATED this ATTEST: " , .. , llf \'}\..\f ' ... . .,/ 1 .. ' (City ,Seal) . \ \, (y) AY , 1991. THE CITY OF SEWARD, ALASKA 0)11 APPROVED AS TO FORM: PERKINS COlE, Attorneys for the City of Seward ~N~ FRED B. ARVIDSON CITY ATTORNEY RECEIVED MAY 0 8 1991 Ol-FICE OF THE CllY CLERK . . . ( (,,). ,,"~~(Qt=>]AGE33lD d -~ ~ -,;" ,~ ';-'\":'"+~ct ,,\ewar t\-(.::.,,-OdL1Eb lU.........H PAGE THREE RE-048 ASSIGN STATE OF o.~~ ) ) SSe ) THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this '3,.J day of JI.1I't101 , 1991, before me, the undersigned, a Notary Public in and for the State of .\L.~~A , personally appeared IA{ WOOb ~ MlU1lhl~ {,oIb , known to me and to me known to be the indiv1dual named 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. , ~ ;" ,,; ~ ~ ", , ". 'I., WITNESS -"'. .","0 "'>'" my :h~i'.e'inaboV{t!~+ i tten. '. -J . '!l"iilPy.... ~ {J: ...~ } ~ --"\ ,;-\'::1 L; t/ >.'" ..;~~."- .;' ~ ""; .,,,,,,.,,,,0"'-.""'.'" hand and notarial seal the day and year first Notary Public My Commission l' STATE OF ALASKA ) ) SSe THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ,,?/"' day of /J-pn / , 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appearedKt( 1/(1/':/ if Lt1c/1i Uh,;LbeJ , 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 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. (.\ , (.v...Ka in and for Alaska Expires: Return to: City of Seward P.O. Box 167 Seward, Alaska 99664 9 \- 0 h ] 4 __ ~\.oo Gr-~I -.- - l<~'_~ ~!r~..!~ ,\ Tf. Ii, D fi E COR 0 I N G .' ;\ STi-{ICT ':/,...'\ ""'--- ".<!:' ,,- '.' o '. J.' h" "II , ...;>\:" J.. ~... }~~~"'.~'_',.. "~>.If\ f / ,"- ~. fA /1' ;:.;~i ;: '. -....... ! . , "~JIr:> ,. '.~' ItofjU'"" ~~,l 9 47 ~H :; i ( .'