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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AMENDMENT NO.2 TO THE LEASE AGREE-
MENT BETWEEN ROBERT H. FERGUSON AND THE CITY
WHEREAS, in 1994, the City Council approved a lease of property located in the northeast
comer of the small boat harbor area to Robert H. Ferguson; and
WHEREAS, Mr. Ferguson has requested an expansion of his lease site to include an
additional adjacent parcel measuring 15 feet x 40 feet; and
WHEREAS, it is in the public interest to allow Mr. Ferguson to expand his lease site to
accommodate refrigeration units for his business;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Lease Amendment No.2 to City Lease No. 94-086, expanding the lease site from
1800 square feet to 2400 square feet, is hereby approved.
Section 2. A copy of this 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 of the city of Seward, Alaska, this 14th
day of April, 1997.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
None
None
None
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-049
ATTEST:
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L' as.M
City Clerk
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LEASE AMENDMENT NO.2
(RE-94-086)
THE 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 ROBERT H. FERGUSON, III, PO Box 1149, Seward,
Alaska 99664, hereinafter referred to as "LESSEE", hereby agree that the lease agreement between them is amended as
follows:
ITEM 1, ARTICLE I. LEASED LAND is amended to define the Leased Land as a parcel of approximately
2,400 square feet, more or less, described in that land description in Exhibit A of the Lease, and as modified by Lease
Amendment No. I, dated November 8, 1994, recorded in Book 75, at Page 38, in the Seward Recording District, and
further modified as follows:
A parcel of property located within the NWI/4 of Section 3, Township I South, Range I West, Seward
Meridian, Alaska, more particularly described as:
Commencing at the southwest corner of Lot 4 of Marina Subdivision - Block 2, Plat No. 89-10 Seward
Recording District; thence North along the west property line of said paTcel 145.57 fl. to the TRUE
POINT OF BEGINNING; thence S89035' W 40,00 ft. along the north side of the existing pier to a point;
thence North 60.00 ft. to a point; thence N89035' E 40,00 ft. to a point on the west property line of Lot 4;
thence South along the west property line 60.00 ft. to the TRUE POINT OF BEGINNING, containing
2,400 S.F. more or less.
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Within ninety (90) days from the effective date of this Lease Amendment No.2, LESSEE, at its sole cost, will
cause an as-built survey of the Leased Land to be performed by a land surveyor registered in the State of Alaska, A copy
of the survey of the Leased Land shall be attached to this Lease as Exhibit B and shall be incorporated herein by reference.
The description of the Leased Land in Exhibit B shall supersede the description in the above-referenced Lease Amendment,
dated November 8, 1994, and shall be considered the correct description of the Leased Land for all purposes under this
Lease.
In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties.
IN WITNESS WHEREOF, the parties hereto have executed this document, and it is effective this _ day of
,1997.
LESSOR:
LESSEE:
CITY OF SEWARD, ALASKA
Ronald A. Garzini, City Manager
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SUBMITIED BY:
-
A TIEST:
Linda Murphy, City Clerk
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LEASE AMENDMENT NO.2 (94-086)
Page I
STATE OF ALASKA )
) ss.
THIRD JUDIOAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 1997, before me, the undersigned, a Notary
Public in and for the State of Alaska, personally appeared Ronald A, Garzini, 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.
NOTARY PUBLIC IN AND FOR ALASKA
My Commission Expires:
STATE OF ALASKA )
) ss,
THIRD JUDIOAL DISTRICT )
THIS IS TO CERTIFY that on this~ay ofM~1997, before me, the undersigned, a Notary Public in
and for the State of Alaska, personally appeared Robert H. Ferguson, III, known to me and to me known to be the
individual named in and who executed the foregoing document, and they acknowledged to me that they were authorized to
execute the foregoing document for the uses and purposes therein set forth,
WITNESS my hand and notarial seal the day and year first he e' above written.
-llJkuw
Return to:
City of Seward
PO Box 167
Seward, AK 99664
OTARY PU IC AND ri/I/LASKA
My Commission Expires: / 1
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LEASE AMENDMENT NO.2 (94-086)
Page 2