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Home My WebLink AboutRes1997-017 r r r Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO, 97-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE EXTENSION OF LEASE NO. 67-038 (MINDENBERGS) THROUGH MAY 22, 2024 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE LEASE AGREEMENT WHEREAS, on March 11, 1996, the City Council approved Resolution No, 96-038 authorizing the termination of Lease No, 75-010 and amending Lease No, 67-038 to reflect the replat of three lots leased by the City to Juris Mindenbergs into a single lease parcel; and WHEREAS, the amendment terminating one lease and amending the other could not be recorded until approval and recording of the replat of the parcel by the Kenai Peninsula Borough; and WHEREAS, since approval of the amendment, the lessee has requested a 10-year lease extension in order to secure financing for expansion of the Breeze Inn; and WHEREAS, it is the desire ofthe City to include the lease extension date in the formerly approved lease amendment in order to avoid any unnecessary recording costs and confusion as to the status of the lease; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The term of City of Seward Lease No. 67-038 between the City of Seward and Juris Mindenbergs is hereby extended until May 22, 2024; this extension is hereby incorporated into Lease Amendment No.1 approved by the City Council on March 11, 1996; and Resolution No, 96- 033 is amended accordingly. Section 2. The City Manager is hereby authorized and instructed to execute Lease Amendment No.1, as revised, and to record same in the Office of the Seward Recording District. A copy of the revised amendment is attached and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council ofthe city of Seward, Alaska, this 27th day ofJanuary, 1997. CITY OF SEWARD, ALASKA RESOLUTION NO. 97-017 THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King None None None ATTEST: t't:eliUJ='''",~.", (~)~ ~e'a1r'- "',j.,., .,t'!~ ~~ "_ ......, .. ,: " . 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' ..'3 O;....~2~J~:,.:...\t , (- ,r LEASE TERMINATION (RE-75-010) and LEASE AMENDMENT NO. 1 (RE-67-038) BOOKm.PAGE~ Seward Recording Dil:hct mE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as "CITY", and JURIS MINDENBERGS, 4128 148th Ave., N.E., Redmond, Washington 98052, hereinafter referred to as "LESSEE", entered into lease agreements between them for two (2) parcels, known as Lots 3 and 4 (Lease 67-038) and Lot 8 (Lease 75-010), Block 1, Marina Subdivision, Seward, Alaska, respectively recorded by Lease Memorandum in Book 34, Page 438, and Book 34, Page 434, Seward Recording District, Third Judicial District, State of Alaska. CITY and LESSEE mutually agree that concurrently Lease 75-010 is terminated and Lease 67-038 is amended as follows: ITEM 1. ARTICLE I. DEMISE is deleted in its entirety and replaced with the following: ARTICLE I. LEASED LAND. CITY leases to LESSEE, and LESSEE leases from CITY that certain real property hereinafter called "Leased Land" situated in Seward, Alaska, consisting of approximately 1.146 acres, as shown on Exhibit AI, attached hereto, and more particularly described as Lot 3A, Block 1, Marina Subdivision, Seward, Alaska, which is a replat of Lots 3, 4, and 8, Block 1, Marina Subdivision, Plat No. 96-0024, recorded in the Seward Recording District, Third Judicial District, State of Alaska. ITEM 2. ARTICLE V. LEASE TERM, Section 1 entitled Commencement and Exviration, is amended to read as 'follows: "The term of this Lease shall be from May 23, 1984 through May 22, 2024," ITEM 3. ARTICLE VI. RENT, Section I is deleted and replaced with the following: L Rental Rate, From January I, 1996 through June 30, 2000, the annual rental rate shall be $23,360.00, after which date the rental rate shall be subject to adjustment pursuant to Section 2 of this Article, Rents shall be payable in advance on or before the twentieth day of the first month of each quarter; i,e., January 20, April 20, July 20, and October 20. ITEM 4, ARTICLE VI.. RENT, Section 2, Line 2 is amended as follows: Beginning July 1,2000, and thereafter, ' . ," In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties. c:n IN WITNESS WHEREOF, the parties hereto have executed this document, and it is effective this 3i..-J-day of UAMl'r' 1997, LESSOR: LESSEE: CITY OF SEWARD, ALASKA of !:>t.~ JURIS MINDENBERGS i i / t/ LEASE TERMINATION (75-010) AND AMENDMENT NO 1(67-038) p.,ge 1 (' .r SUBM1'ITED BY: BOOK~ PAGP8bn C:"\V"'''c:! no>~....,.,':,,() L"";'i~' u.... ~ .;.\.""...."..\,i...t.....c ........._'-, l~TIEST: ~..~ 'n . ",~ . ." ~: :../' (.~ ...4~:-.: ' .~ j" /~city Seal) ., '. t,: ~ : I~ ;:tJ:.~ : :.~ .. = ~ .., " :) . .1 ... U T_"'_ '.,~ IfJ ":~."-c,. ""t"/"o ,. ',.' '. .~II ..... . ~ ..' 'l/~ . ..." ~ ',~ ... . I"'. '. '"'r" ": '''''.. "'_" t <;':;.':~1;;;::ffi; t:>F~~-Si(A ) ~...~'t '.-./r'- /' ...~. t~,:;'''"~l~\' ) ss. THIRO"iUDIOAL DISTRICT ) :?/s:L 7- THIS IS TO CERTIFY that on this,::::",,- day of 199;' before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared nald A. rzini, known to me and to me known to be the city manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. ~~:Z;SR~~..;,:;~~::x~ ~~ OFFIC:Al SEAL ' l~: ~ STATE OF ALASKA ~ ~' YVcTTi: G. WELSH ~ ~, NOTARY PUflUC ~ ~L~~...,",,,,,,,,,,~, :4J1Jii Pu~li~ in and ,for Alaska / '7/(11/ ColDlDlSSlon ExpIreS: -r 2.... '1' .!S << I STATE OF ALASKA ) ) 88. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this (~day o~99.1, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared JURIS M~RGS, known to me and to me known to be the individual named in and who executed the above and 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 he ' above written. \\\\\1111//111 \\ J HIt. 11// ~ . . . .. ()~~ ~. . '~/ ~rlJ~.. OTA ...~~ =cr:~ -9..L'~:=' =c(. -e_ .)>= :=.1:0...0 . z::: ~~. UBL \o.._og ~ 'V^-.. . . ' ~ ~ 1::- . . . .. ~ ///1 OF A,\..r 1111/1111\\\\\\ . Return to: City of Seward PO Box 167 Seward, AK 99664 UASE lERMINA nON (75-010) AND AMENDMENT NO, I (67-038) Page 2 , >- 11 r <9 '-< r a 0::: ~I l.L1 U) ~ I Exhibit , MARINA CDIVISION, llEPLAT OF LOTS 3, 4, C B, BLOCK ~OOICf3IiPAGE8E SeWard RecOrdi.'!g DL?t.i, Lot 5 N 89059 , 100.00 - ~ It) '0 '"' b 0 0 Irl Q Cl) Lot 7 0 z N 89059'45"E 0 I fo!:.m~ !.9t .!in!. - - 0 94.47' - d - - CD I I '"' i I w I I ! It) -~ 3'A I.~ BLOCK 1 0 LOT 0 I 1- 0 1.146oc 0 0 I L- en ... I r~ I 15 I - 100,00 - I I , I S89059'45"W I 20' Walkway I I I Lot 2 I W I -0 -U) ~ _ 0 -0 I c= <0 0 Q) l"') IE ..-i 0 Q) 0 I~ en Q) I - I r I I ' , 14.00 I 5' I 5890594 W . >- I.'!: I:; Lot 1 I '-2 I I 6=93027'S8" I <:Jo. R=20.00: I ! ~ T=21,2S , I , '6',j' 80.00 I . II '45"E 661 66' w > <:! Q) (() N N l"') :r: l- ce: ::> o LL w l"') _v /'-. N o If) 2 i .-'0.......,_ . \ l. -...._ __. 58905945 W ~ . ' ~ ) -.-------- --.---- . - . .. .. ---- ~..._..u.............~ 1.1::; "':..~ ...:,~..-.- .""1::__ _.' __"