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HomeMy WebLinkAbout01252010 City Council Packet Seward City Council Agenda Packet ocSFW Is this place pretty in the winter or what? Taken December, 2009 January 25, 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska All-Ametica CM, CITY COUNCIL MEETING AGENDA _. d se 11111F Y. err 111' { Please silence all cellular phones and pagers during the meeting} a 4 January 25, 2010 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [Those who have signed in will be given the first opportunity to Vice Mayor speak Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards B. Borough Assembly Report Vanta Shafer C. City Manager's Report 'rlii,,, Council Member D. Chamber of Commerce Report Term Expires 2011 E. Other Reports, Announcements and Presentation Marianna Keil 1. Report by Robert Ruffner, Executive Director for the Kenai Council Member Watershed Forum, regarding the status of stimulus funds for creek Term Expires 2010 restoration in Seward. Linda Amberg 2. Report and Proposal on a Community -Wide Air Monitoring Council Member Program To Request The Division Of Air Quality Alaska Department Of Term Expires 2010 Environmental Conservation (DEC) Implement An Ambient Air Monitoring Program Within City Of Seward. Phillip Oates 3. GRETC (HB 182) Update by John Foutz . 3 City Manager 7. PUBLIC HEARINGS Jean Lewis A. Resolutions Requiring a Public Hearing City Clerk 1. Resolution 2010 -005., Amending The Port And Harbor Tariff Cheryl Brooking Subsection 200, "Assignments To A Permanent Slip From The Waiting City Attorney Lists," To Allow Permanent Slip Assignments January Through June Each Year P 4 Staw City of Seward, Alaska - Council Agenda January 25, 2010 2. Resolution 2010 -006, Authorizing The City Manager To Enter Into A New Lease With Godwin Glacier, LLC For Lot 4, Block 3, Seward Marine Industrial Subdivision, Plat 97 -27, Seward Recording District, Third Judicial District, State Of Alaska Pg 8 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions 1. Resolution 2010 -007, Supporting A Community -Wide Air Monitoring Program And Requesting The Division Of Air Quality Alaska Department Of Environmental Conservation (DEC) Implement An Ambient Air Monitoring Program Within City Of Seward . Pg 49 *2. Resolution 2010 -008, Supporting Formation Of A Statewide Invasive Species Advisory Council .Pg 68 *3. Resolution 2010-009., Accepting A Grant In The Amount Of $1,827.30 From The Alaska Highway Safety Office For 2010 Second Quarter ASTEP Driving Under The Influence (DUI) Enforcement Campaign And Appropriating Funds Pg 72 4. Resolution 2010 -010, Supporting The Alaska Railroad Corporation And Aurora Energy, LLC In Their Ongoing Efforts To Conduct Business In Seward And Protect The Environment While Abiding By State And Federal Environmental Laws And Regulations .. 77 B. Other New Business Items " *1. Non - Objection To The Liquor License Renewal for Three Bears Store Pg 80 2. Mayor appoints a council member to tally evaluations for the City Attorney and City Clerk and sets dates. 3. Discussion on ideas to celebrate Seward's Day, Monday, March 29, 2010. (Dunham) .Pg 87 4. Discussion of city land sale policy and procedures. (Shafer) .Pg 88 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. 1/8/10 Mayor letter to Obihiro re: Mural exchange Pg 98 B. 1/13/10 Vice -Mayor letter to Senator Murkowski Pg 99 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda January 25, 2010 Memorandum To: City of Seward, City Council CC: Phillip Oates, City Manager From: John Foutz, Electric Utility Manager Date: 1/20/2010 Re: Update on the GRETC Legislation For the past four weeks the joint utility task force has been meeting in Anchorage to finalize the Greater Railbelt Energy and Transmission Corporation (GRETC) legislative bill. In the legislature this bill is known as HB182. All six railbelt utilities and members from various state agencies attended the four meetings. The primary reasons for the meetings were establishing final language in HB182 that is acceptable to all six utilities and adding additional state requirements. A primary concern expressed by some utilities was the need for voluntary participation. The state wanted protection for financial obligations. At this time both criteria appear to be adequately addressed. The following additional concerns were articulated by the utilities: (1) the utilities should control the enterprise; (2) the RCA should not issue regulations to the corporation; (3) the decision to include additional utilities in the future should be left to the discretion of the utilities and not the state; and, (4) guidance for the corporation should be consistent with the Bradley Lake Project model. The state insisted that the following three provisions shall be included in the bill: (1) the new corporation will be the primary recipient for state funds; (2) the corporation will have the ability to collect funds to cover depreciation of future projects; and, (3) the corporation will be responsible for renewal of the interconnect and reliability standard. It appears possible that all utilities and the state will reach agreement on these revisions to HB182. The task force will meet on Thursday, January 21 and possibly again during the week of January 25. 3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE PORT AND HARBOR TARIFF SUBSECTION 200, "ASSIGNMENTS TO A PERMANENT SLIP FROM THE WAITING LISTS," TO ALLOW PERMANENT SLIP ASSIGNMENTS JANUARY THROUGH JUNE EACH YEAR WHEREAS, the City (Harbor Department) seeks to establish a fair and customer - friendly system for issuing permanent slips from the waiting lists; and WHEREAS, the current language in the Port & Harbor Tariff Regulations stipulates that permanent slip assignments are issued only during the month of January; and WHEREAS, it is not possible for harbor staff to issue permanent slip assignments from the waitlists during the month of January because of time requirements set forth in Seward City Code Article 7.10 for involuntary relinquishment and required notification to individuals that they are eligible for a slip; and WHEREAS, the proposed language would allow harbor staff a maximum of six months for permanent slips to be issued from the waiting lists, in the event an applicant fails to respond or denies the slip; and WHEREAS, this proposed change to the Port & Harbor Tariff Regulations would enable timely and efficient processing of the waitlists and would allow individuals to see advancement toward obtaining a slip. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Port and Harbor Tariff Regulations Subsection 200 is hereby amended to read as follows: "200 MOORAGE (b) Waiting List for Permanent Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned permanent slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 17 feet (accommodates vessel 12 to 21 feet) 23 feet (accommodates vessel 22 to 26 feet) 32 feet (accommodates vessel 27 to 36 feet) 4 City of Seward Resolution 2010 -005 Sirr Page 2 of 2 40 feet (accommodates vessel 37 to 44 feet) 50 feet (accommodates vessel 46 to 54 feet) 75 feet (accommodates vessel 55 to 90 feet) Assignments to a permanent slip from the waiting lists shall be made in January through June each year by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip." Section 2. This resolution shall take effect ten days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of January 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 5 Agenda Statement Meeting Date: January 25, 2010 of sett. To: Phillip Oates, City Manager From: Kari Anderson, Harbormaster 1 4Astf , Agenda Item: Amending the Port & Harbor Tariff Section 200: Assignments to a permanent slip from the waiting lists BACKGROUND & JUSTIFICATION: The Port & Harbor Tariff Regulations stipulate that "Assignments to a permanent slip from the waiting list shall be made in January each year by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip." It is not possible to issue these assignments during the month of January due to delays of current slip - holders returning their moorage contracts and payment by the December 31' deadline, the length of time required for involuntary relinquishment of a slip (minimum 20 days SCC §7.10.360), processing the transfer list, and the time requirements for notification of individuals that they are eligible for a slip (minimum 10 days SCC §7.10.320). The proposed language would revise the Port & Harbor Tariff Regulations to allow for permanent slip assignments to be made over a six month timeframe, from January through June each year. This would allow ample time to offer a slip to several individuals, in the event an applicant fails to respond or denies the slip. Processing the waitlist in a timely and efficient manner would allow for individuals on the waitlist to see their advancement toward obtaining a slip. Concerns have been raised by one member of the Port & Commerce Advisory Board regarding notification to individuals on the waitlist regarding this change. If this new language to the Port & Harbor Tariff Regulations is approved by council, the Harbor will notify all individuals on the waitlist of the timeframe extension for issuing slips, and will advertise this change in the harbor newsletter and through local yacht clubs. The Tariff change relating to the Small Boat Harbor would read as follows: (strike out = deletions; bold italics = additions) Subsection 200 MOORAGE (b) Waiting List for Permanent Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned permanent slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 17 feet (accommodates vessel 12 to 21 feet) 23 feet (accommodates vessel 22 to 26 feet) 32 feet (accommodates vessel 27 to 36 feet) 40 feet (accommodates vessel 37 to 44 feet) 50 feet (accommodates vessel 46 to 54 feet) 75 feet (accommodates vessel 55 to 90 feet) 6 Assignments to a permanent slip from the waiting lists shall be made in January through June each year by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. INTENT: To change language in Port and Harbor Tariff to allow assignments to a permanent slip from the waiting list to be made annually between January and June each year by the Harbormaster. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) Comprehensive Plan Economic Development, Small Boat Harbor Development: encourage the growth and development of an efficient, functional small boat harbor that meets Seward's commercial and recreational needs. Small Boat Harbor Management Plan Harbor Development, Management: vessel moorage slips are not tuming over for assignment as quickly as expected by the public FISCAL NOTE: This change should not represent a signific t change to the Seward Small Boat Harbor revenues. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2010- 006 this change to the 2010 Port and Harbor Tariff Regulations. 7 Sponsored by: Oates Ned CITY OF SEWARD, ALASKA RESOLUTION 2010 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH GODWIN GLACIER, LLC FOR LOT 4, BLOCK 3, SEWARD MARINE INDUSTRIAL SUBDIVISION, PLAT 97 -27, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of real property described as Lot 4, Block 3, Seward Marine Industrial Subdivision located in the City of Seward, Alaska; and WHEREAS, this is vacant land identified in the Municipal Lands Management Plan as available for lease in the Seward Marine Industrial Center (SMIC); and WHEREAS, pursuant to Seward City Code §7.05.120, this Lease is subject to Council approval; and WHEREAS, Godwin Glacier Tours, LLC desires to enter into a lease with the City in the form presented at this meeting; and Nod NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to execute a new lease with Godwin Glacier Tours, LLC in substantially the form as presented at this meeting. Section 2. This resolution shall take effect 30 days from the date and posting of adoption and the authorization herein shall expire if the new lease is not executed by all parties by March 30, 2010. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of January 2010. 8 COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2010 Through: Phillip Oates, City Manager 11 From: Kari Anderson, Harbormaster Agenda Item: Authorizing the City Manager to enter into a new lease with Godwin Glacier, LLC for Lot 4, Block 3 Seward Marine Industrial Center Subdivision BACKGROUND & JUSTIFICATION: On August 10, 2009 Resolution 2009 -075 approved a short term (120 -day) lease with Godwin Glacier Tours, LLC and the City of Seward until a long term lease could be generated by the City and approved by Seward City Council. This lease encompassed Lot 4, Block 3, Seward Marine Industrial Center Subdivision in the Seward Recording District and was valid through November 28, 2009. Seward City Code §7.05.410 authorizes the City manager to negotiate short -term leases of lengths that may not exceed 120 days in length. This timeframe should have been sufficient to negotiate a new lease between the City and Godwin Glacier Tours, LLC. Lease documents were emailed to Godwin Glacier Tours on September 17 25 October 8 th, 9th, 14 and again on November 5 Multiple teleconferences were arranged with the Community Development o►, Director and the Seward Harbormaster to negotiate the terms of the lease, and several of these teleconferences were never attended by a representative of Godwin Glacier Tours. The City of Seward made every effort to negotiate a long term lease in time for the October 26 City Council meeting. It was important to pass a resolution at this meeting, because there is a 30 day period after City Council passes a resolution before the resolution becomes effective and during which Council can change its mind ( §4.8 of the City Charter). Passing a lease at the October 26 council meeting would have made the long term lease valid before the short term lease expired, however this did not happen and Godwin Glacier Tours continues to store their equipment on City property without a valid lease. Godwin Glacier Tours has requested the lease land for the purpose of storing three (3) connexes containing marine and aviation equipment, and storing wheeled vehicles, all owned by lessee and used in lessee's business. Mobilization and demobilization of this equipment by helicopter form the lease site is not allowed in this lease and animals are not to be kept on the leased property. The lessee has agreed to utilize the SMIC North Dock for this purpose and must first obtain a Terminal Use Permit prior to commencing loading operations. The site plan attached as Exhibit A with the Lease documents shows the area will be used for storing three connexes and vehicle storage. Exhibits B and C address Waste Disposal and Environmental Regulation compliance plans. Exhibit D outlines the recommendations made by the Planning & Zoning Commission. The proposed lease is valid through December 31, 2011 with three (3) additional extensions of five (5) year periods each. 9 CONSISTENCY CHECKLIST: Yes (List Below) No Comprehensive Plan (2020) The proposed use of the property as a storage facility is reasonably inline with the recommendations of the Seward Comprehensive Plan. Under both the economic development and land use goals of the Comprehensive Plan, specific recommendations are made to continue efforts to develop the Seward Marine Industrial Center as a major industrial area of the community. Seward Marine Industrial Center Development Plan This plan encourages the focus on strengthening and enhancing the area as a center for marine and other compatible industries. The plan encourages the leasing of available lands for uses identified in the Land Uses Allowed Table. Where applicable, the resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Code Rules of Procedures. INTENT: To approve a long -term lease with Godwin Glacier Tours for Lot 4, Block 3, Seward Marine Industrial Center. ATTORNEY REVIEW: Yes FISCAL NOTE: The rent is Two Thousand Thirty Two Dollars ($2,032.00) annually, subject to fair market value increases every five years. Upon execution of the new lease, the rent will be subject to annual CPI increases each year in between. The last appraisal rate started on January 1, 2006 and will run through June 30, 2010. An additional $1,500.00 fee for attorney and staff time to develop and negotiate this lease must be paid prior to the execution of this lease. Approved by Finance Department ' v7.4.. 4t-C--(-4/47(- 0 RECOMMENDATION: Council approve Resolution 2010- 006 authorizing the City Manager to enter into a new Lease with Godwin Glacier, LLC for Lot 4, Block 3, Seward Marine Industrial Center Subdivision. Nod 0 °r►- PERSONAL GUARANTEE To induce the City of Seward, P.O. Box 167, Seward, AK 99664 ( "City ") to enter into a Lease Agreement with Godwin Glacier Tours, LLC, P.O. Box 2711, Seward, AK 99664 ( "Lessee ") effective , 2010, the undersigned personally guarantees payment of all obligations of Lessee as described in the Lease Agreement. The Lease Agreement covers the following real property: Lot 4, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Plat No. 97 -27 recorded in the Seward Recording District, Third Judicial District, State of Alaska, containing approximately 13,521 square feet, more or less. I agree to provide the City with written notification of any changes in my address, and acknowledge that any notice required to be given by the City will be effective if mailed to the address shown below or such changed address on file with the City. My guarantee is absolute and unconditional. Upon default of Lessee under the Lease Agreement, I agree to immediately become liable for Lessee's obligations. The City need not seek performance, payment, and collection from Lessee before seeking payment from me. If more than one person guarantees payment, I agree to be jointly and severally liable with all other arantors for payment. Dated this I ( day of , 2010. Si ned in my individual capacity as guarantor: J. • es CR P.O. Box 2711 Seward, AK 99664 11 After Recording Return to: City of Seward Attention: Harbormaster Post Office Box 167 Seward, Alaska 99664 MEMORANDUM OF LEASE (AS 40.17.120) Pursuant to AS 40.17.120, the undersigned parties make this instrument describing a Lease Agreement pertaining to Leased Premises located in Seward, Alaska. THE PARTIES HERETO have entered into a Lease of the property described herein according to the terms as follows: LESSOR: City of Seward Post Office Box 167 Seward, Alaska 99664 LESSEE: Godwin Glacier Tours, LLC Post Office Box 2711 Seward, AK 99664 EFFECTIVE DATE: , 2010 TERM ENDING: December 31, 2011 Date of Lease Agreement: The Lease Agreement was dated as of , 2010. Description of Real Property Leased: Lot 4, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Plat No. 97 -27 recorded in the Seward Recording District, Third Judicial District, State of Alaska, containing approximately 13,521 square feet, more or less.. Memorandum of Lease Page 1 of 3 load 12 `11ry Commencement and Termination Dates: The effective lease term for the Lease Agreement is , 2010 through December 31, 2011. There is an option for three additional five -year term extensions. Statement of Conditions on Extension or Renewal of Lease: The Lease Agreement provides that the option to renew the lease may be exercised by Lessee, provided Lessee is not in default or breach of the terms of the lease at the time of exercise. An option must be exercised in writing by Lessee at least 90 days prior to the expiration of the lease or a prior extension of it, as the case may be. DATED at Seward, Alaska this day of 2010. CITY OF SEWARD GODWIN G ' IE : OURS, LLC A e, 4� Phillip Oates, City Manager J. Cork, Managing Member ATTESTED BY: Illaw Jean Lewis, CMC, City Clerk City of Seward Memorandum of Lease Page 2 of 3 13 Acknowledgments ` STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) This is to certify that on the day of , 2010, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Phillip Oates to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of The City of Seward, and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. NOTARY PUBLIC in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) This is to certify that on the IV" day of CtieN , 2010, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared James Cork to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of Godwin Glacier Tours, LLC and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. \ \ \Qlllfl / ll A iv + R� Z . NOTARY UBL C in and for Alaska ♦ --* My Commission Expires: On 1 \top or / d' //1111111 \ Memorandum of Lease Page 3 of 3 14 Ntw, LEASE AGREEMENT between CITY OF SEWARD, ALASKA and GODWIN GLACIER TOURS, LLC Effective Date: [ Niaw 15 TABLE OF CONTENTS ARTICLE 1- LEASED LAND 1 1.1 Description of Leased Land 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title 1 1.3 Reserved 2 1.4 Property Accepted 2 1.5 Permits 2 1.6 Platting 2 ARTICLE 2 - LEASE TERM 2 2.1 Lease Term 2 2.2 Lease Subject to Referendum 3 ARTICLE 3 - RENTAL RATE 3 3.1 Initial Rental Rate 3 3.2 Rental Adjustments 3 3.3 Procedure for Rental Adjustment 4 3.4 Effect of Late Appraisal by CITY 4 3.5 Appraisal by LESSEE 4 3.6 Effective Date of Adjusted Rental Rate 5 3.7 Interim Rental Adjustments 5 3.8 Late Payment Charge 6 ARTICLE 4 - USE OF LEASED LAND 6 4.1 Use of Leased Land 6 4.2 Obligations of LESSEE 6 4.3 Other Uses 7 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 7 5.1 No Utilities 7 5.2 Third -Party Improvements 8 5.3 Easements 9 ARTICLE 6 - CONSTRUCTION BY LESSEE 9 6.1 Improvements on Leased Land 9 6.2 City Review of Construction 10 ARTICLE 6 - RESERVED 11 ARTICLE 7 - RETURN OF LEASED LAND /SITE CONDITIONS 11 ARTICLE 8 - FORCE MAJEURE 11 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT 11 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE 12 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 14 11.1 Real Property Improvements 14 11.2 Buildings 14 11.3 Personal Property 14 ARTICLE 12 - ASSIGNMENT OR SUBLEASE 14 16 12.1 Assignment of Lease or Subleasing ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY 14 16 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY 16 ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements 16 15.2 Subrogation Rights Waived 16 ARTICLE 16 - CONDEMNATION 17 ARTICLE 17 - ARBITRATION 17 1 7.1 Arbitration 18 ARTICLE 18 - MAINTENANCE AND REPAIRS 19 19 18.1 Normal Maintenance 18.2 Safety Issues 19 18.3 Cost of Repairs 19 ARTICLE 19 - ENVIRONMENTAL CONCERNS 20 20 19.1 Hazardous Materials 19.2 Permits and Reporting 20 ARTICLE 20 - ESTOPPEL CERTIFICATES 22 23 ARTICLE 21 - CONDITIONS AND COVENANTS 23 ARTICLE 22 - NO WAIVER OF BREACH 23 ARTICLE 23 - TIME OF THE ESSENCE 23 ARTICLE 24 - COMPUTATION OF TIME 23 ARTICLE 25 - SUCCESSORS IN INTEREST 24 tiir• ARTICLE 26 - ENTIRE AGREEMENT 24 ARTICLE 27 - GOVERNING LAW 24 ARTICLE 28 - PARTIAL INVALIDITY 24 ARTICLE 29 - RELATIONSHIP OF PARTIES 24 ARTICLE 30 - INTERPRETATION 24 ARTICLE 31 - CAPTIONS 24 ARTICLE 32 - AMENDMENT 25 ARTICLE 33 - NOTICES 25 ARTICLE 34 - FIRE PROTECTION 25 EXHIBITS EXHIBIT A — SUBDIVISION PLAT DRAWING EXHIBIT B — WASTE DISPOSAL PLAN EXHIBIT C — ENVIRONMENTAL REGULATION COMPLIANCE PLAN EXHIBIT D — PLANNING AND ZONING COMMISSION RESOLUTION NO. 2009 -18 ll 17 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE ") is made by and between the CITY OF SEWARD (the "CITY "), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and GODWIN GLACIER TOURS, LLC (the "LESSEE "), whose mailing address is P.O. Box 2711, Seward AK 99664. WHEREAS, LESSEE has indicated its desire to lease the property known as Lot 4, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Plat No. 97 -27 recorded in the Seward Recording District, Third Judicial District, State of Alaska, containing approximately 13,521 square feet, more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 - LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 4, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Plat No. 97 -27 recorded in the Seward Recording District, Third Judicial District, State of Alaska, containing approximately 13,521 square feet, more or less (the "Leased Land "). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as ofthe date hereof, any reasonable restrictions imposed on the Leased Land as part of recording ofaplat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession ofthe Leased Land for the full term of this LEASE. 1 Ned 18 1.3 Reserved. 1.4 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents ofCITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary for its use ofthe Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefore an application for conditional use permits, zoning and re- zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms ofthis LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules or Slur procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps ofEngineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right -of -way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LES SEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. ARTICLE 2 - LEASE TERM 2.1 Lease Term. The term ofthis LEASE (the "Lease Term ") shall be in accordance with CITY's 2 Soar 19 m. authorization in Resolution No. 2010- (the "Resolution "). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date "). The Lease Term shall run for approximately two (2) years from the Effective Date, ending at midnight on December 31, 2011. LESSEE shall have the right to extend the term ofthis LEASE for three (3) additional five (5) year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and ninety (90) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision ofthis LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. 2.2 Lease Subject to Referendum. LESSEE understands and assumes the risk that under the Charter and Code of CITY this LEASE may be voided by referendum. LESSEE agrees that if the Resolution approving this LEASE is the subject of a referendum petition filed with the Clerk of CITY, LESSEE shall have no rights under this LEASE unless and until the Resolution is approved by the voters ofthe City of Seward, and LESSEE shall not be entitled to any damages or any other relief against CITY in the event the Resolution is not so approved. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2010, the annual rental rate for the Leased Land shall be set at $2,032.00. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one - quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2010, and on the same date every five years thereafter (each a "Rental Adjustment Date "). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value ") of the Leased Land at the highest and best use ofthe Leased Land. The highest and best use ofthe Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days 3 o 4. *tor before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value ofthe Leased Land shall constitute a final binding determination ofthe Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt ofthe appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20 %), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from CITY's ,, appraisal by more than twenty percent (20 %), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at anytime thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE'S appraiser's determination ofthe Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of 4 r 21 receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal ofthe Fair Market Rental Value as ofthe Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE'S appraisal by no more than twenty percent (20 %), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE'S appraisal by more than twenty percent (20 %), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LES SEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question ofobjection p to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2011 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date ") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967 =100 ( "CPI "), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 5 2 �tlrr 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for the purpose of storing three (3) connexes containing marine and aviation equipment, and storing wheeled vehicles, all owned by LESSEE and used in LESSEE'S business. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. Notwithstanding the above, any landscaping and graveling of parking areas and driveways on the Leased Land that has been approved in writing by the CITY shall be considered to be a better condition for purposes of Sal' this section 4.2(a). b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner which would inhibit the use of adjacent or other lands. d) LESSEE shall not operate any aircraft within 500 feet of the Leased Land. This restriction shall apply to both the ground distance from the Leased Land as well as the altitude above ground level over the Leased Land. LESSEE shall not allow any aircraft to be loaded or offloaded on the Leased Land, including the lifting or lowering of cargo from hovering helicopter. e) LESSEE shall not keep or allow animals on the Leased Land. f) Except for direct access to and from the Leased Land, LESSEE shall not use any portion of the land adjacent to the Leased Land for any purpose, including but not limited to parking, storage or disposal. 6 n3 g) With the exception ofthe three (3) connexes, LESSEE shall not erect, maintain, build or construct buildings and other improvements on the Leased Land unless the same has been preapproved by the CITY and is done in strict compliance with Article 6 herein. h) No connexes shall be placed or kept on the Leased Land without LESSEE being in compliance with all applicable zoning and permitting requirements including all CITY requirements applicable to temporary structures. i) LESSEE shall comply with the waste disposal plan attached hereto as Exhibit B. j) LESSEE shall comply with the environmental regulation compliance plan attached hereto as Exhibit C. k) The LESSEE shall ensure that the Leased Land shall at all times be kept free of mechanic's and materialmen's liens. 1) LESSEE shall not keep, park or store aircraft on the Leased Land. m) Except for property of a sublessee kept on a sublessee's portion ofthe Leased Land, LESSEE shall not permit property of third parties to be stored, parked or kept on the Leased Land. n) LESSEE shall utilize the Leased Land for storage purposes in accordance with Resolution No. 2009 -18 ofthe Seward Planning and Zoning Commission and Exhibit D hereto. o) Any changes to the site require prior CITY approval, through the City Manager. 4.3 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 No Utilities. LESSEE understands that there are no utilities, water or sewer available on the Leased Land. LESSEE agrees that utilities, water and sewer are not necessary for LESSEE's use of the Leased Land. If public utilities are necessary for a sublessee's use of a sublessee's portion of the Leased Land, LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public 7 24 ‘ utilities to the Leased Land sufficient for sublessee's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right -of -ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost ofconstructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs ofoversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price ofthe oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for �Urr construction or operation ofLESSEE's facilities on the Leased Land, it being the intent ofthe parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms ofthis LEASE covenants, conditions and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements "), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination ofthis LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. 8 5 c) At the expiration of the Lease Term (including any extended period) third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development o f the Leased Land and adjacent lands, it may be necessary, desirable or required that street, railroad, water, sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense ofthe party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build and /or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) Reserved. b) The cost of any construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. c) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. d) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. e) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE 9 9 6 rr shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. f) Any general contractor employed by LESSEE or its sublessees shall be appropriately bonded by use ofperformance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000.00), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest', a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). g) CITY may, as contemplated by Alaska Statutes, give notice ofnon - responsibility for any improvements constructed or effected by LESSEE on the Leased Land. h) LESSEE shall comply with all federal, state and local statutes and regulations with respect to such construction, including but not limited to all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise ofthese rights shall not imply any obligation to do so nor any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights -of -way, or setback requirements. LESSEE shall obtain the 'Affiliate means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a corporation subject to the Alaska Corporation Code. 10 �l usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND /SITE CONDITIONS Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non - abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake /tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing ofa petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, thepetitionor application by LESSEE to any tribunal for any receiver or any trustee for itself or for any 11 „8 substantial part ofits property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement or readjustment ofdebt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies ofthe City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government applicable to LESSEE's use ofthe Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its activities within the Leased Land or to keep the public rights of way clear. 9.7 Failure of LESSEE to maintain a valid City business license or to timely pay City taxes for a period of sixty (60) days after written notice specifying such failure. 9.8 Permitting or allowing any affiliate ofLESSEE (as defined by AS 10.06.990(2)) to do any act which would be considered a default of this LEASE if done by LESSEE. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that maybe given to CITY by statute, common law or otherwise: 10.1 CITY may distrain for rent due any ofLESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 12 2 9 45.29.601 -.628) with respect to sale ofproperty shall be a commercially reasonable disposal. 10.2 CITY may re -enter the Leased Land and take possession thereof and, except for anypersonal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LES SEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service ofnotice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term ofthis LEASE. The CITY may offset any such amount actually recovered by CITY for rent earned on the Leased land for the remaining term of the LEASE minus damages as described in sections 10.3(c), (e) and (f). e) Recover all damages incurred by CITY by reason of LESSEE's default or breach including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting including costs of necessary renovation and alteration of the premises, reasonable attorney's fees and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed on the Leased Land and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except 13 insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11- TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. If any improvements are constructed by LESSEE on the Leased Land or on easements to or from the same, such as utilities, landscaping, graveling, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, such improvements shall become the property of CITY upon termination ofthis LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Buildings. LESSEE shall have the right to remove any buildings, warehouses or structures constructed or placed upon the Leased Land by LESSEE, prior to the expiration of this LEASE. Any buildings, warehouses or structures not removed prior to the expiration ofthis LEASE shall become the property of CITY, provided however, that CITY may require LESSEE to remove any buildings, warehouses or structures designated by CITY and without cost to CITY. 11.3 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and 14 Sow- 31 financial capability of LESSEE. Therefore, LESSEE shall not assign this LEASE. LESSEE may sublease a portion of the Leased Land or buildings or improvements located thereon only with CITY's prior written consent, which consent shall be granted if a) The use ofthe Leased Land by the proposed sublessee is compatible with the use of adjacent lands; b) The proposed use is a permitted use under the then existing zoning regulations and comprehensive land use plan; c) LESSEE has made a written request to sublease a portion of the Leased Land or buildings or improvements located thereon and provided CITY with a copy of the sublease agreement. The sublease agreement shall not provide for a lease amount that is greater than 2% ofthe amount that the LESSEE pays the CITY pursuant to Article 3 for that portion of the Leased Land subject to the sublease, calculated on a pro rata basis. The sublease agreement shall state that it is subject to and subordinate to this LEASE and any amendments thereto; d) The sublessee shall agree to defend, indemnify and hold harmless the CITY, its officials, employees, and agents, from any and all liability or claims for damages, including personal injuries, death and property damage arising out ofor resulting from sublessee's use ofthe Leased Land by themselves, their agents, contractors, guests or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors; e) LESSEE's full faith and credit shall remain obligated under this LEASE as though the sublease had not taken place; f) The sublessee assumes and agrees in writing to pay and perform all ofthe obligations of LESSEE hereunder including, without limitation, Article 19 - Environmental Concerns; and g) The sublessee has a credit - worthiness demonstrated to be equal to or better than LESSEE and has operating experience suitable to manage any facilities located on the Leased Land. ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors or the 15 3 2 �Irr public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement ofthe Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Sow Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term ofthis LEASE and any extensions hereof a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use ofthe Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and /or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY 16 33 shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers and others working on behalfof CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence ofthe CITY, its elected or appointed officials, employees or volunteers or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers and others working on behalf of CITY) during the time of LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 16 - CONDEMNATION If all or any part ofthe Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all ofthe Leased Land is condemned for public use, LESSEE shall make agood faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such 17 34 Slow notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than Fifty Thousand Dollars and No /100s ($50,000) (exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than Fifty Thousand Dollars and No /100s ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than Fifty Thousand Dollars and No /100s ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c) Written notice of requests for arbitration of disputes maybe served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long -term commercial real 18 property transactions. Each party shall be provided with a copy o f the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request ofthe other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 - MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land in as good condition as received or constructed by LESSEE, subject to normal, non - abusive use. CITY, at CITY's sole option and expense, may perform maintenance and preventative work on the Leased Land in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by grading, filling or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing ofany deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety ofLESSEE's operation such that the surrounding land and facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well- versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and 19 3 s ‘f1br urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefore. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. ARTICLE 19 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwith- standing, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting fromthe use, keeping, storage or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Land, the only exception being 20 3 �1 petroleum products that are in fact being used for the operation of wheeled vehicles during the duration of the time they are on the Leased Land. (i.e. engine crankcase motor oil, gasoline or diesel in a gas tank of a truck, etc.) ii) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body ofwater, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use or enjoyment of the Leased Land or any other area or personal property. iii) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal ofHazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material or any use of the Leased Land; and /or iv) Any violation of, or non - compliance with, any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur prior to or during the term of this LEASE; and (2) arise in whole or in part from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in 21 NIS 38 interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. The term Hazardous Material also includes animal waste, human waste, and contaminated water. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. 22 Nord b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies, of all reports between LESSEE and any state, federal or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, ifthere has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof); and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. NNW ARTICLE 22 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. 23 Nod 40 ' ARTICLE 25 - SUCCESSORS IN INTEREST Each and all ofthe terms, covenants and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed and enforced in accordance with the laws ofthe State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or ofpartnership or ofjoint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions ofthe articles, paragraphs and subparagraphs ofthis LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or 24 41 aid in the interpretation, construction or meaning of the provisions of this LEASE. ARTICLE 32 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES All notices, demands or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Godwin Glacier Tours, LLC P.O. Box 2711 Seward, AK 99664 Attention: James Cork Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire detection and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. 25 42 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD ► I DW ' GLAC 1 R TOURS, LLC Phillip Oates, City Manager James ► ork, Mana - ember Date: ; Date: \ 0 &I ATTEST: Jean Lewis, CMC City Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT likof The foregoing instrument was acknowledged before me this day of , 2009, by Phillip Oates, City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this I nay of _ 1 ;{2009, by James Cork who executed the foregoing document on behalf f Godwin Glacier Tours, LLC as the Managing Member of the limited liability company. c �' � k OTA i Notary Public in and for Alaska �Pj, ZZ My Commission Expires: 5"1/ 1 • " 3AVBLIG r ,,��4 26 f orAuPP4t `mow 'Viii 1 11' 1 ' 4 3 i EX�F18 , - r A 1 E _... • •- = �x t - ` ,.I • o L 1, • •,y 4%41, x.'` r` i +,•n , •K. . . Goo b rittQ EgS $ mo :: '.n.,: -MI.. r, y r,-R.? T. a s MAP r ` +' l•A ) � ,, �i• 4.R�. � j� + I �'. RM _ !N w "Ur S U es4 ;-- ...at- I »nail w2ar Maw • 1 rR+R I �� •.... e 04+00.[000 0......+00.4.•1 0 >1 tilt Ili((:ATE otja 11.0 • . _ fa ..r, a...._.r iYR� ♦ .: G and JF�ICA ZION ‘s s .\ .e ► ---' — -- 9 y . p ��r.. 11.19 ,� Xi mrR� K .�, MR•P•, � •. ® � ., _ 1 Jellison Ave. M � ... M lo...R.... rx...11. 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I ; vJJ v �w. ` .uen rp.M.ww w siM a.a - a^ s . •• arrw•r.aan) RwWr•r.•wa —• '......� - Ma . - ... /M me' N. iw ��1111 II��pp77�� S 1 9 f S 20 .w. «..r. . .,..Mar J OU °J �J 1 C� D C (n,�'(in' • . • KIV FILL 14 97 - n.... a.x 1 l.11? r.... w, 1 'Cr - Fourth of Judy Creek Subdivision Seward Marine industrial Center LECIVD• Q. 0.•001 1e0e ... a.: M` Me r s s r4 ..m. ' w w` + iiiV'. s wr dr O - Y r .•a 0000.. .R [.p am f... R.. w e ..RN w.R. /a (°i °° "' ^ ' 6 w r ar. •0r .rs«u4 s.M.. 000+• Monet ...0. • SA Neer Osavi ... a WY ••••• w ~ .....A ?LA APPROVAL, ty4VE"IR'S f.ER• If r.. C pw. M N • aaa AA' ra Mr*, ., .. w.wr .u.RU..crxra mlmwt f i )% R .ra.. I r.+... MS* 1. wr sow. r o '14-1' cart: . Ar .r mrus or C r 14 7 b .114 a •m I a, email .Pe... w 0:0001 0:0001 A . INTEGRITY ` . SURVEYS (r :sa+R .RMM eM-.•lw 1 /41/e w So AN MUarn M i.Wl MR — .. 1 4..".... M... WW1 Irmr.le WORK �'"' 1/ ar w t •••• ` M f• ��.- ar J�III .144. ..'. r. .M.a w.r -OM E 1 .,y •372/ .. P. w M- ��� •1 w a w r " .. ' • rae IMMO er � wnm H . u a"iZ. amen w`rae9eb M.¢� ra sw �.Y i y .......` a a .u. • .&. 120 *MD o AI .a aw ware ar Gag., 10•7 a e a. W... wme eR.sa w•-r .m +care r' - WO ■ MO In r•n 08 ..n.•.•.. a.w.M . 5rd 9? —a7 r fir.► Exhibit B Waste Disposal Plan Godwin Glacier Tours for Leased Land at Seward Marine Industrial Center The Godwin GIacier Tours, LLC plan for any waste brought off the glacier is as follows: Any waste brought off the glacier will be stored in metal barrels. A state - licensed entity (approved by state authorities including but not limited to the Alaska Department of Environmental Compliance) will be standing by to pump the barrels for proper disposal. All barrels are sealed when they come off the Glacier. Godwin Glacier Tours will hire Rent -A -Can to come down from Anchorage and pump the barrels. We have a standing Saturday 1:00 pm appointment for disposal. The barrels are pumped at the Seward Airport, but not into the City of Seward Wastewater (sewer) treatment system. Each barrel is pumped dry, washed out, and sealed for storage at the end of the season. Any waste which has leaked or contaminated the ground will be immediately cleaned up. Any deceased domesticated animals (such as sled dogs) which are brought off the glacier will be properly disposed of, and will be immediately removed from City of Seward property. All Federal, State, and City of Seward environmental laws and regulations will be Slur adhered to with this plan. rr 4 5 Exhibit C Environmental Regulation Compliance Plan Godwin Glacier Tours for Leased Land at Seward Marine Industrial Center Jim Cork will hire Seward Auto Tech to inspect and winterized all vehicles parked or stored at the proposed SMIC site. All batteries are removed and stored for the winter in a warm garage. All fluids are drain completely or replaced with environmentally friendly products. Godwin Glacier Tours does not store gas, diesel or oil at the SMIC site. The fuel tanks are pumped dry by Shoreside Petroleum. The fuel pump and handles are drained and storage wrapped in absorbent pads and wrapped in plastic to prevent and water going in or oil product dripping out. Godwin Glacier Tours will keep oil absorbent pads and other clean up spill materials on site. All Federal, State, and City of Seward environmental laws and regulations will be adhered to with this plan. Nod 46 Sponsored by: Administration CiTY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009 -18 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF' THE CITY OF SEWARD, ALASKA, PROVIDING RECOMMENDATIONS TO COUNCIL ON THE REQUEST BY GODWIN GLACIER TOURS, LLC TO LEASE A PARCEL IN THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, Paul Carter on behalf of Godwin Glacier Tours, LLC submitted a proposal to lease 2,000 square feet of land in the Seward Marine Industrial Center in order to store marine and aviation equipment; and WHEREAS, there is vacant land identified in the Municipal Lands Management Plan as available for lease in the Seward Marine industrial Center (SMIC); and WHEREAS, pursuant to the City's Lease Policies and Procedures established by Resolution 1994 -101, this proposal is bclore the Commission for review and written recommendations, including any special lease conditions the Commission determines to be in the public interest; and WHEREAS, the proposal along with written Planning Commission and staff comments and recommendations shall be submitted to the City Council; and WHEREAS, the lease request is consistent with the Comprehensive Plan, Municipal Lands Management Plan and the Seward Marine Industrial Center Plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section I. The Commission has reviewed the submitted proposal and makes the following recommendations: a) The Godwin Glacier Tours, LLC is encouraged to lease entire .3 acre Lot 5, Block 3, Forth of July Creek Subdivision. If the entire parcel is not leased, then the Proposer shall be required to replat the property, and the lease shall not take effect until after the final plat is recorded. b) Godwin Glacier Tours, LLC shall submit a waste disposal plan. The plan must be approved by administration prior to waste being placed on the site. c) Godwin Glacier Tours, LLC shall submit a compliance plan for the applicable environmental laws. This plan must be approved by administration. d) Godwin Glacier Tours, LLC shall comply with all Seward City Code requirements. e) Godwin Glacier Tours, LI,C shall obtain a Terminal Use Permit for all helicopter operations. 47 Seward Planning and Zoning Commission Resolution 2008 -20 `' Page 2 of 2 I) Any additional staff comments and recommendations shall be considered during the M.. negotiation process. g) The lease payments shall be negotiated at the Fair Market Rental Value of the parcel. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of July 2009. THE CITY OF SEWARD Sandie Roach', Chair AYES: Ecklund, McClure, Morgan, Roach', Stauffer NOES: None ABSENT: Heinrich ABSTAIN: None VACANT: One ATTEST: can Lewis, CMC •. City Clerk (City Seal) • owls tet sen .. t • SEAL • s • ....... s -11 .asstigis s 04 -.tad 48 •► Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING A COMMUNITY -WIDE AIR MONITORING PROGRAM AND REQUESTING THE DIVISION OF AIR QUALITY ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) IMPLEMENT AN AMBIENT AIR MONITORING PROGRAM WITHIN CITY OF SEWARD WHEREAS, course particulate matter (PM10) is less than 10 micrometers in diameter and is primarily experienced in Alaska as airborne dust; and WHEREAS, it is important to establish a scientific measurement of our community's air quality, specifically in regards to particulate (airborne dust) matter; and WHEREAS, the City of Seward is interested in obtaining a minimum one year's worth of data using the Federal Reference Method for collection, laboratory analysis and reporting in y accordance with the U.S. Environmental Protection Agency requirements; and WHEREAS, information collected through the monitoring program can be used in a variety of decision - making arenas to protect public health and welfare; and WHEREAS, the monitoring network will consist of an anticipated three monitoring sites equipped with mechanical samplers located within the populated areas around the small boat harbor, the downtown commercial district and a residential area north of the harbor; and WHEREAS, DEC will commit to assisting the City with the technical support for the monitoring effort including: loan of sampling equipment and parts, providing operator training with the Federal Reference Method for sampler operation and data collection procedures, providing sample supplies (filters, shipping envelopes and charts), conducting the gravimetric analysis in the Juneau weighing laboratory, calculating and reporting sample results, a DEC specialist would travel to Seward to perform monthly QC flow checks and another DEC specialist would travel to Seward quarterly to perform independent QA audits and DEC is willing to participate in a public meeting to discuss the monitoring program; and WHEREAS, the City will commit to providing site logistics support for the monitoring program, including: acquisition of the monitoring sites, power to each sampling site, year round safe site access and adequate security to protect the equipment and dedicated site operators to facilitate sample collection, recordkeeping and shipping. 49 CITY OF SEWARD, ALASKA RESOLUTION 2010 -007 Nod NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council supports a community -wide PM10 air monitoring system to assess the City's air quality. Section 2. The City Council requests the Division of Air Quality Alaska Department of Environmental Conservation implement an ambient air monitoring program for coarse particulates within the City of Seward. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of January, 2010. THE CITY OF SEWARD, ALASKA Nord Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Nal 50 COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2010 Through: Phillip Oates, City Manager ci ° C ," �'a From: Christy Terry, Community Development Director q�i►St�p' Agenda Item: ADEC Air Monitoring Program BACKGROUND & JUSTIFICATION: The Division ofAir Quality Alaska Department of Environmental Conservation (DEC) and the City Administration conducted an initial air monitoring meeting in August to discuss a potential community -wide monitoring system to assess the City's air quality for coarse particulates. At that time, DEC provided an overview of their program and scouted potential locations and evaluated site characteristics for air monitor sampling locations. It is important to establish a scientific measurement of our community's air quality, specifically in regards to PM10 coarse particulate matter (airborne dust) to evaluate potential impact to the public health and welfare. Currently, Seward only has anecdotal accounts for air quality conditions. In order to develop scientific information, the City of Seward, with assistance from DEC, is interested in obtaining a minimum one year's worth of data using the Federal Reference Method for collection, laboratory analysis and reporting in accordance with the U.S. Environmental Protection Agency requirements. Based on their visit to Seward, DEC is proposing a monitoring network consisting of three monitoring sites equipped with mechanical samplers located within the populated areas around the small boat harbor, the downtown commercial district and a residential area north of the harbor. Based on DEC recommendations the City of Seward would be responsible for site preparation and acquisition. Specific sites suggested include: • Small Boat Harbor: Harbormaster Building, but preferably the lift station near the breakwater • Downtown: Fire Hall, Library or City Hall • Residential Area north of the Harbor: top of Elementary School or open area north of school buildings DEC has agreed to provide technical assistance and support to the City of Seward for the monitoring effort to include: loan of the required sampling equipment and parts, providing operator training with the Federal Reference Method for sampler operation and data collection procedures, providing sample supplies (filters, shipping envelopes and charts), conducting the gravimetric analysis in the Juneau weighing laboratory, calculating and reporting sample results, a DEC specialist will travel to Seward to perform monthly QC flow checks and another DEC specialist would travel to Seward quarterly to perform independent QA audits. DEC will also conduct a work session with Council prior to this regular meeting. Council could also request additional public meetings once the program is approved and prior to implementation. 51 The City's commitment and support for their role in the project providing site logistics support for the monitoring program would include: acquisition of the monitoring sites, power to each sampling site, year round safe site access and adequate security to protect the equipment and dedicated site operators to facilitate sample collection, recordkeeping and shipping. INTENT: Obtain Council support for a community -wide air monitoring system to assess the City's air quality and request an ambient air monitoring program within the City of Seward. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies. FISCAL NOTE: The on -going costs to the monitoring program will include: personnel costs and time associated with sample collection and recordkeeping; postage to ship the air monitoring filters to Juneau for testing; power to each sampling site; and maintaining year round safe site access and security to protect the equipment. Initial onetime costs could include acquisition and providing electrical service to each sampling site. Once these costs have a fully identified value, Administration will return to Council with an appropriation request. Additionally, if as a result of the data collected during the monitoring, the City is found to be in violation of the Clean Air Act air quality requirements, then the City could have costs associated with measures and controls identified in a subsequent "attainment" plan or a MOA with the EPA for a pollution reduction plan. The extent of these costs is unknown. Approved by Finance Department: / . /o► `. ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2010 - 001 supporting a community -wide air monitoring program and requesting the Division of Air Quality Alaska Department of Environmental Conservation (DEC) implement an ambient air monitoring program within the City of Seward. Air Quality - Particulate Matter Background Information Page 1 of 3 .,e A Co mm is s i oner Divisions /Contacts Public Notices Regulations Statutes Press Releases DEC Home [ � find r l n.r1yl on (y1 if t r Air Non -Point and Mobile e Sources - State of A aska DEC > Au >ANPMS > Paiiicu!ale Matter Particulate Matter Particulate Matter - Background Information Qwck Links -., According to the Environmental Protection Agency (EPA), Particulate Matter (PM) is a 7e r "mixture of extremely small particles and liquid droplets." Air quality professionals pay attention to particulate matter because these very small particles ANPMS Contacts can cause health problems when inhaled. Specifically particles less than 10 micrometers in Air Pollution in Alaska diameter can pass the nose and throat and enter the lungs. A micrometer is one millionth of a Affected Communities meter. Carbon Monoxide Size is important to understand because the EPA classifies e Indoor Air Quality .. particulate matter as two types based on size. Alaska has problems with both types of particulate matter. Particulate Matter Open Burning a Coarse Particulate Matter (PM10) is less than 10 rnicrometers in diameter. It primarily PM Non - attainment Docs comes from road dust, agriculture dust. river beds, construction sites, mining PM Background operations, and similar activities. Most people in Alaska experience PM10 as dust. PM Health Impacts a Fine Particulate Matter (PM2.5) is less than 2.5 micrometers in diameter. PM2.5 is a PM Planning Process product of combustion, primarily caused by burning fuels. Examples of PM2.5 sources PM Funding Mechanisms include power plants, vehicles, wood burning stoves, and wildiand fires. PM2.5 and Fairbanks PM10 and Rural Alaska v; PM10 Dust Control Options tit,.: „. Dust Brochure Wildland Fire / Smoke ( T A single human hair i Woodstove Information 1 approximately 70 micrometers or ¢ seven of the largest PM10 Volcanic Ashfall particles in diameter. A single Regional Haze a :r y human hair is almost 30 times Air Toxics Iv r ; s 4 y a larger than the largest fine r Projects and Reports i ,•',..;:::..,,,, � particle, PM2.5. Programs Conformity r„v e a Diesel Engine Retrofit Alaska Diesel Strategy Air pollution standards are given as a mass of material in a volume of air: micrograms per Vehicle Emissions (I /M) cubic meter (l;g /m3). A rnicrogram is one millionth of a gram. A paper clip weighs about a grans. Imagine chopping the paperclip into a million equally sized pieces. One of those pieces would weigh about a microgram. A cubic meter (approximately 39" X 39" X 39 ") describes a volume of air that is about the size of a washing machine. if you place one of the million of Interest .0.-.:;•: me pieces of the paper clip in the space occupied by the washing machine, you would have 1 pg /m3. NEW PARTICULATE MATTER REGULATIONS Air Monitoring Air Non -Point and Mobile The EPA recently updated the national standards for Particulate Matter. For PM10, the EPA Sources retained the current 24 hour PM10 standard of 150 pg /m3 and eliminated the annual PM10 Air Permits standard. The EPA increased the stringency of the PM2.5 standard by lowering the previous 24 hour standard of 65 pg /m3 to 35 pgirn3. EPA left the annual PM2.5 standard of 15 pg /m3 in place. Read the state's comments on EPA's proposed particulate matter rules: a transmittal letter to EPA 53 http://www.dec.state.ak.us/air/anpms/pm/pm_bckg;rd.htm 1/11/2010 Air Quality - Particulate Matter Background Information Page 2 of 3 • comments to EPA IMPLICATIONS FOR ALASKA Dust has long been a problem for rural Alaska. As populations grow and mechanized travel becomes more prevalent the amount of dust seems to be increasing. Over the past six years, several Alaskan villages initiated PM10 monitoring programs. Since EPA retained the 24 hour PM10 standard, Alaskans have a standard to compare against the monitoring results. it appears a number of villages are in violation of the PM10 standard. Historically, Eagle River and Juneau have violated Clean Air Act air quality requirements for Particulate Matter (PM10). Neither area continues to violate the PM10 standard. The Department, together with EPA and the City and Borough of Juneau, are currently in the process of changing Juneau's PM10 planning status from "nonattainment" to "maintenance ". The draft maintenance documents are available for review: • Juneau's Mendenhall Valley Proposed PM10 Limited Maintenance Plan, Public Review Draft. DECO8 (396 kb) • Amendments to State Air Quality Control Plan, Vol. III: appendices to Vol. II, Section III.D.3 (4.88 MB) • Draft Mendenhall Valley Emission Inventory and Appendices, JAN06, (733 kb) This document is contained within the above amendment document. PM2.5 also is a problem. Until EPA revised the standard, Alaska had been in compliance with the PM2,5 standard. PM2.5 monitoring shows the Fairbanks North Star Borough (FNSB) exceeding the more stringent revised PM2,5 standard; the FNSB will be in "nonattainment." A "Nonattainment Area" is any area that does not meet (or that contributes to ambient air quality in a nearby area that does not rneet) the national primary or secondary ambient air quality standard for the pollutant - particulate matter in this instance. CONTROLLING PARTICULATE MATTER Violations of air quality standards mean the state government and impacted communities must work together to formulate a plan to reduce particulate emissions. PM10 - The state may recommend EPA designate areas violating the PM10 standard as "nonattainment." If EPA agrees, a process of planning and ruternaking begins for transportation related problems; these areas gain access to federal highway funds dedicated to air quality improvement. A second option might be for state and impacted communities to sign a "Memorandum of Agreement" with EPA for a pollution reduction plan. A Memorandum OF Agreement (MCA) avoids the stigma of being in "nonattainment" and provides some flexibility and timeliness in formulating a pollutant reduction plan, but does not allow special access to the air quality transportation funds. PM2.5 - With the new PM2.5 standard, the EPA expects and is looking for states to designate communities in violation of the standard as nonattainment areas. The state may recommend designating the Fairbanks North Star Borough as a nonattainment area for PM2.5, What does "nonattainment" status mean? The state may recommend either a community or a region as a PM non - attainment area. Exactly how the state will group or classify portions of Alaska is still being discussed. If the state submits an area as 'nonattainment" for PM. the EPA has 18 months to approve or disapprove the request. The state begins forming plans to reduce PM levels. This is done in close cooperation with local and regional governments as pollution controls are generally enacted at a local level. If EPA approves the state's request for designating an area as "nonattainment," the state has 18 months to submit an "attainment" plan which includes all the controls and programs agreed to by the state and local governments. Two 18 month periods means it can take 3 years from submittal of the state recommendation to when controls are put into place. The state and local governments then have five years to bring nonattainment areas into attainment. Next Steps 54 http://vvww.dec.state.ak.us/air/anpms/prn/pm_bckgrd.htm 1/11/2010 Air Quality - ParticuIate Matter Background Information Page 3 of 3 The state is in the early stages of planning a strategy to comply with EPA's new PM rules. The state will work with communities to determine the most effective controls. At This point, the state does not know how the areas will be designated, or what the controls might he. As the state works with communities and is given permission from communities to publicize information on PM levels and control strategies, the state will post updates on this website. Links EPA recommended Particulate Matter Resources: http: l /oaspub .epa.gov /webimore /aboutepa.ebt4 ?search = 12,1,903 EPA Particulate Matter Research: http://www.epa.gov/airscience/quick- finder/pm-research.htm State of A!aska rnyAlaska DEC Staff Directory Webmaster Comrnissioner's Office Divisions/Contacts Press Releases Pudic Notices !Regulations �S http: / /www.dec.state.ak.us /air /anpms/pm/pm_bckgrd.htrn 1/11/2010 fir/ Dust & Potential Health Risks lf . ve- -, „-A. r: ? . r t Dust may cause health problems in the .r � d yr- y � P u3..� r rt-4 � of t s- c.�a`,��,3 J p I€� 4 �4 4t villages. Dust aggravates existing heart LiAl �= A i : t` .,' " and lung disease and can damage lung 4.0'00:q.— � TM+ J 4 ' l l' t +c] 3 i : t1� ,z : - ,4 c 3. t u t -. t�s$�t�'. ! r<.u - ! .n .. , :.,_ z a r.,�; " _.:: t " �: .. $ k Children, seniors, and people with asthma ' -' ; , s � 4 and other respiratory or heart conditions -: , .� 0 ���. are more susceptible to health problems z� }� / 9 1 � ' t : 2 tiom breathing in dust. �� :,� { r t , Dust is a nuisance as well It can settle on � i ,')' a r ,, r 1. $ r � the surfaces in your home affecting your T ; f . `" . s; food and sensitive belongings, like your TIC .,{ computer. Outside it can settle on your x x1 f P o-.; t 4 i 2- � am '""•,, �f , ?1; 1 ' i 1 . fish drying racks. r id tft a n Gt :• 1 .,r `r�'J -. x _ ,x, X - ' i . W has been blowing dust off glaciers 1 r . V— 41 '' A -* �? r k � � g 4. , £ } . r ri e we throw dust back into the air with our . x #4� , , 4 1 7 , 1 1 -)11 *; four- wheelers, cars, and trucks. With 4 , ' * � ? x ' 24 ? fir F increased use of these vehicles in recent #>t :if, tr fb '3 r. 5 . years, the Department of Environmental r T `r `m: Conservation is receiving more dust ° -' , - ' _; c omplaints. I-. L , y r � L. : � '' •, � #, ADEC has equipment designed to measure '�� A °' K , - � f or dust particles less than one -tenth the diameter of your hair. Using these ADEC bas equ p31aent designed to meanae . measurements it can be determined if dust kw that Particles Tess levels exceed health standards. If you than the the aiam believe your village or community has a OFioui Mk. Using, esO. ea entif dust problem and would like more canbedeterniiedif there isasigrtifI ant information, contact the DEC. health risk: Tfgnu believe Yom` village ac`. rom]minity has a dustprobieni and would like n,o einrornIationcontaet »Ft: www.dec.state.ak.us /air /anptns 56 4111 1111111/ �: :z . $ ,, , My Community Has A Dust Problem • . x ,4 „ t ; ° Is visibility Poor due to an increase in dust particulates? ' �at,t 4, Has there been an increase in complaints surounding air [c4fil iaa`Fi itiMn. - t. Et, �.� io2ti oa quality or respiratory issues? 7 ,1 x �4 I $. eg ; �' , Are vehicles raising dust on dry days? 5 11 , - .. tot, i 0 k4 .. i t 1,, i t What can you do? araa �9 1. When you are driving on an unpaved road, drive t; slowly - especially when operating an ATV. � 1 �P0.064ma4440s . 2, When hauling dirt, cover your load to prevent i:n n t a,vd 7 d ,I1 rot;�eAA �a , g Y p fim6t ennEsanapifanhq 4 ", spills. lii3OP V. fie ,t ro . 3. Present concerns to your local community and tribal s Mi.iii/lh54listp W }b a s'i councils. Ask the council to contact the DEC to let EPd Mla,a&a rima ,, rokw601 , 1 � n3 �t0#: us know of the problems. gym'°" r i ". " 4. If conditions are dusty try to limit your exposure ^w'SPakd a: �,� �� by staying indoors or away from dusty areas. p .dwa�si��r I w cai r 57 Dust Control llo funding Road dust and can others be may contro be ed able in a to number be put of in ways. place through Some local contr efforts. ls require md that Co make munities sense shoul locally. work with governmental agencies to develop controls �z.� r , � F '��' Control Method Advantages Disadvantages , r r a �{' I�. mss' ( 7, 3 ` �° . � W ater Inexpensive and Dries out fast, needs frequent = �.� 7 `" g enerall y available, application. Excess application jj p makes road or trail muddy. _! t Ih.Mplgl . E'kdRt+e D�ya eb'ardit eeatk �` ` `�°�' '"""" °P° °'°r "" Dust suppressants Can h elp forma May be expensive to ship ;:. aoohiva r . e'"° "°`I . mixe with wat suc Ion er lastin seal su lie A liciation ma p .; " 9 9 PP PP Y c A.�a), .€ a ; CaKt.spfamglaa.e; rtadd abrka"OF " as salt. over r oad or trail. require special equipment. :,,, m6".d.rld� s.s.I si e gaPaw 7asMp.ap01 . s o tt vf,;1 tel"4 ft May Impact VegetatlOn and a :;#4.7f..-.-'-''..4 .fb n '. ryne{ee water quality. 6eVl%ell f o� , �, • Speed limits and Can be implemented Difficult to enforce. No effect Aa +►e,.<u�a rnso�„i. "uh.f limis on mechanized locally with a with wind. 9 ydiedd a ,�dy a te pe;r gY.elaL'dg ,D1ulreidlee{ fh a:rad @a.hnn fas.ms"resE :- . , — . "are f �. e ,, travel. t resolution. Gets sped �l ttrii: • lg # IfJFi 6, k,':el ` community Involved bm�'hK+lb.a" . _ 7 '.. N meu6bewdirov.! .1 5 F 13sga i n solving p. caT AMLKhiaa�eh a I i 6 iaNlan :e t Rerouting traffic away Can be implemented Depends on ography. May a + Iframa" c b�'ma "" d. ,. �.p .ar, from groups like elder locally with a not be possible i.ioitfo".0' Fa: ko ll yx ldro ' _ v '^ ,114.ti. 0 . i d"n. IwN bti homes and schools. resolution. community. Gets o 34- 1 , t' $r L e c { " involved cal+ 4� emt+h6K IS iiii4 J Tt : ;' in solving problem. ,,,� .{ 1 "flsle e►lhadr Fmd3' g remCeR g p su i- oc:Ve Aby!"1 f 4 t vaP ,inmy,o rar ., . Paving. �� ,„I, g. ore perma Expensive Requires a great . surd r4Sa {,�A other M meth than de al of effort. May not be .,,,,,...:::::„.,...„...„,i,,):::. yn.t. * i ' '' ;.. Good surfa for with effective in areas where -' driving. unpaved roads ved or trails merge oN pT' lfis �x T ;,� �* pa rands. 58 ,, Overview of PM 10 Hi Volume Samplers f i t :' ,.., y� f v i'uZ.+lZ kJ - L /.k r rc - s DNS #—xs . ( .,1 r yr* -. r ' » T fF xl it 0 rya +� ';'fa � �� t a� '4+t d a . • q ._ Y � ' s yiJ r rJ . ,Y c e: tf , i r # sk .�.' T Y s ''iF aEr 1 y j t Y 5 . - 1 `r"`J Ar _ s _ KO $ } 4 Jsf x � f 1 � t s~ )' . ; ^o, `nliRRCZt { �i� i l : � +4 5 J ., 7 i ! , F . 1 �1. rk -. ,.. )� n 5 N .. F f eJ k . ' : t 4. 1, _ ., ;. 4 1g x " 1 7 f tt 4 3 j S J j J s �F. p ar��� , . . 41 .. r ' sy '� -�„�� * - y . � W S J (�� nr � _ G � � sr .� t*�. ,r'�`�' �. �� ,� ,�� • !W r r 4 r d '.m�f 9 �'r t' M _'" $ ! • '' +`% r 3' G : y y. k M a ; $ e i. ��, r,r f � r r r r f J� I.cJ� y . �;. ,' y - r ? � f^ * a f`!r F t f + ;, a S - r'a, t r yfi a- 4 .: t ". � J k �.t a �� ,v-1� r , saY�� � t p t � x r rs' tL"a - �t fc'�r"- C [[' es,,J\t '. . ,,+ ., 5£y F, :� 3 r, _.�' z , is r r I Y "'�rY �.�� v"tC' � d J r .� S. h .Af '' } * Y Ft 'd ap,!`` a r� 13 i r fi'''t 1 ✓.rr„ x �y ft "`W Jn,. � u �, 1 59 Nod The first item inside the body is the mass flow controller (MFC). This device is used to control the speed of the motor to produce a consistent airflow through the filter during sampling. There is an elapsed timer, which is used to record the duration of time elapsed on the sampler during operation. 'The chart recorder is used to verify that the motor has operated correctly for the entire sample period. The manual timer is used to automatically turn the sampler on and off during a scheduled sample and it also can manually turn the sampler on and off when changing filters. (Figure t) AYY jj m0 F �Z r . `6 5 ' n ,.TM -S £ : � g ; . - ' .. ' J�ax r t ''' � ` / � �:. °rry""f `' ,- }7 Yom _ �` t c f F t j r r o -�` u r r s r r .: r �iJx Fc,',V°t 1t - ✓ S�.L Y'S 1 _� y Y J: ..l . i ce f _ . e '� r ep, E ;) �FM r � „Y . r3 > * !-' h4x.7yr r� 5 s f x " Y S' . ' - 4- '4ad�d , y � 4Eli"�7� 2 .. s t I `^' -�� S tis ' °rT '�.< f,N. +Nd ,. i r - ,.t . 4YxL'.. z ?:; _ d .7 J'F ".. i 'l l�`7K r r F „, s L b 1 'NS - ' }q -. . 'i J�'k�* . uJ ' 1 --S fi7 C .c' ?f' y . / r' y i ,y V :F /t' ystiki ='' f 44.4. ¢ r t u � �v ''/ 1 Ft3cT ,r i i 's4 ws 1 j �, } :s 5 r * ,}��' s e , =„: i ! ' . . j y x d ;&,- S. $ r �' R . '; r is y s { "der ,..'".!--,,,41.4".. `7'� � y : 5t r _ 'y i1.) �. ;:- a s ..? s � y �, : i� w - h -rm ,-,. ,o' m v� r $ r b, r'i. n r 4 1 j G .h r K i r r j r 5 i, ' � s f ' _ / - `� r • S1,. � -. a 6 w i 4 ; .4 .,,A ' . 'f ' err r fir s . i ' ' ' r ", 4 r. i' i 4 tr` ' 5 + ; �a r P :' r g . y r ' 3 4 ' 8m '1- f` � 4 r a f �r Figure 1 2 60 . Field preparation Some preparat must be made before going into the field. On the back of the Dickson recorder chart the following information needs to be recorded: Site, Filter #, Run Day, and Run time. On the left side write Pre, Date, MFC, on the right side of the chart write Post, Date, MFC, (Figure 2) u =-;ate 49 s . ' - % _ j . �� W ,t.' . ,'e �,' ms , ',' a + . "' rF qtr , '9, - - A, i-� ; -4- ., M & v & ....., ,:„.„...,,, ,..___.,..„ ..„,„.„,,,„ ¢ . ''�' nka y, fr.- �. 7 x f x ' ...5' "� : - g* - r � '. i , ,ter ) e P _ r al Slaw i ' r, I�,�r( ma -xr a a' � - ,yP ,, : J '� '� ., 4 V,4 {''y 61 3 . ', g ,,,,,v: . �. ,,,,. , I � e ' �$i s �. �` , r �' i , - -f.'3 0 Pr' 5 . ,,, _ e .. y • >, 4. .ti p, Y Figure 1 Place the filter cassette on a table with a clean surface. Open the filter cassette by removing the two thumbscrews on the sides of the cassette. Separate the top half from the bottom half. (Figure 3 & 4) Carefully remove a clean filter from the box of new filters, taking care not to damage the filter. (Note: Latex gloves should be worn while handling the filter. If gloves are not available hands must be clean and dry.) Record the filter number (stamped on the filter) onto the back of the recorder chart and the log sheet. 61 3 • Filter cassette loading Y i5 h h 'ti:y r i § - '� yrra., F : S c c + .r r 'S -FU" ��l,cfik k . _ ,•,,,,,,,••:.::s + .' k �`' r l ? lt. 1C � dr .4 s .`.'. .�'"� ".,... ; j ,,,,,,.,w i, ; r ^. �`v�y 'r 4' r r , .Y,. r x r'�` r- i 1k0 .�` ig "' f N F .1i,. � r ; -' ii�R s .err 4f �'tl y: . 5 ,x' id °"' � 7'Vi s'd 'tdF i Y .l ms s ' , -aim uE gi- ' F i � -' �7 4:W.44 - 2�,ZZ� x i*P - Z c C W`a • ,. •s' ,.,Ae F t ' t ,, ,: �. � ' , k P " `l5 `s'" w t 4 x' tt g r` '$ 'Y `fi t X • } r �,t� x:Y F .v . i r >$ ,y [,>;,yx` 1 s.c' 5M-,F" r '3Y= ,` i � ' 3 a� 4 *'1: F .nPS.2' t ti ,� 4 �` - �" ": ✓P - .: } S 4 �' ;f : I -u J �T.4, SW a*� F, �kx 8z! ,,- +: k � j : . y ,� "� ,+ ,."..i� • N t r f -t 4` , ' '"� vi.� f yr • H ' i r , - 1 ' , e " r , p * ` 1T . l Zn i a.�- a •r r r t c g . { .{ l'�.r 3 ,� 1 a " � ^ �' e �. z ,t 7 - r r" t' .�. rrlt .Y w 'Y 'f*' n3r -: '�d t.r. '#s"" . Y,,rt $ � -{ apt r yr ^.�'t� "tw.n''� • d r �.��. �_ -# r s ']., t • xr ;. -5 r. xx7f x :. -:: I ra q . rap•+ h; w^ 2.v F ' ,, F ,VAt:: CS` R: j S �""5 . � 1 ,��,4,�y..�° fl �.�✓ 'Y•+°: �7 A 't it �"S "� 7 r'.... {� f�T``q, �' ,4..1 • 6N, g y � ., 3 *' ' AG K : g s t E • W 4k .-f ,, � > Y : -, a �, � 1 ��, ro� �' ���1���Fr �,�'?� � � 3s,, � ,� � t � �` ' �,IF ` �; � �`�"� '� i ��t sM r fr +` o , . , �- . iT* ,� r � , rte" �3x', } a r 4r��k :�� r • . r ,,o- y k �,S, AY ., _ , �.,. , k $4., ' , SKY« .___ a s ,' �'° 6 ¢ 4 ' i- 10.!, 1 ‘.12,W?) s � m i; sn c} . . $ 'T t„ or A , 4 "-N a a . mss � I ' G r a 4 i �n r } t 4 s w l c. o fw { = + a ti � s p l ' r '-'" '� -f • .. .:€� - „ F r ..', 1. �r ,.. o . Vii{!.' : t , -v , ? "�,2. e..v 4ii- rr� -'"es. . - ,a �N. .- '7,-,1-.-:;,z4..:;-.R. ✓ s -� 4• ` .: ,,, D � .S '' re s '. .+ 'r "r T1 t t x or: u� z 'G r F'k,• ::. .. • x t .. } ,w. v"ka'z : 1 _, �k g ,s " , z ��' d " yf • 3. . P J ,.,. ' p $ 4 Y.: r, r fi t+ Figure 2 sod J 1 • r t rr. r tiy l u nr } f 3 c� ,',:rn r: r4+y.5 3 / k"ic _ ”' , ,i :4 3' 7 :L` ?ri 1. r 3 ..1 , r: r r �# 0 r x ``-�, 1 r a ; �� 01, { §} :.y �v+ q, p i s . : 1 1 1 r , � • l r " `1 � , > rt �F . K i r .I _ 0 0 0 �rf - • - { z �cP t t •4 xAa ,,,::,..,..,-,;/, h. 1 ,,: , ', , ',;:,4 j .. 4 ,r ?5 j . Y � P.,,,,,5:1,..!?::,, � 1 1 °s f 9 1.k.,"0 : ! jii�. Std /.�{ � r r ',4'�� r f' F T:r .n•.. ^'. ° , a"T'vL `r r p Y _ S ` . . f R 3 ! S Y 1. €'ri, .! - {� r F C rs /. 1 d • C ^, k �,. Figure 3 Place the filter w the stamped number f ace down onto the filter cassette en. Make sure that filter covers the entire screen. Carefully place the top half of the filter scre cassette over the bottom half and reattach the thumbscrews. Before going to the field, fill out the 4 64. site name and run date on both the recorder chart and log sheet. Then take the filter cassette, chart and log sheet to the site where they are to be installed. Undo the four latches on both sides of the body and open the head, place filter cassette inside of the sampler on the wire screen. (Figure 5) Secure filter with the four thumbscrews (finger tighten, don't over tighten thumbscrews) attached to the inside of the sampler. PM 10 filter installed r � .„. F �4 .ems r r . 6S+G g 1 _ *- Z - 31" ,¢,fc .-._$ ' •°+Y '"'dfi } u > l �r fi rl vf Nive-::- ',. • ."Y l m iA .G. fAI 1'tla.1N 3'YFf 1 Y h ..,!.::.. i'.. . - -,.pia :: fi- '.° i # . 7 , 75 ii 7 - r ,'.z F� T �'`k -� :^ac F _ � '�` �ti9� ' h $. %:v -- r'''; 7 45 3 '. ., � } . � - � " . ,, f ..,a�: �;71 i � � t. ti N ' x d L �, i t Figure 4 Remove the filter cover, close the head, and latch the four latches. Open the door on the body, and also on the Mass Flow Controller (MFC). Manually turn on the timer by sliding the switch to the left (Figure 6 ) and allow 5 to ten minutes for sampler to warm up and stabilize so that you can read a constant reading on the Mass Flow Controller . Take a reading by looking at the needle straight on eye .level. If the reading is made while looking down on the MFC or at an angle, the reading will not be correct. After the reading is taken, and set to the set point (Figure 8) turn the motor off. After the initial setup of the timer nothing will have to be changed unless the sampler some how loses power. 5 63 Manual timer/ Recorder Chart it S , 1 �e f fi o . -,,,, � } } te a,.^- "- -' .,• w 4 � .,a.,x „ 7 '� \ hrnli ' S F { 1 l yk I� koPY ik. 5-- +' L e S ; •: : r I �' rc ew : , y ti r1 04 - ds¢ - l � We"; . �1"U r o - { - " do o nar ., -:a .r r ` m o- ^� '� ,, .L'S "A rty ? l i af, hr �v Q4 u L � e,, '�q t .f 3 : ' v +] - 1 - " ¢� .'.--:::',1r.7:4.4:' -, "ma c • _F I5 C i . 1, - J -N 'A' '1'-.X: ., :liA9L.:**--' - '..: 's'fiariz. --': `.:?_, .-,..•_".-.,,..„-:.:, !:'.., 1 Ml J Figure 5 Nilld rcpt M �Ail"y . C (4r . _ v C s* ±- f Yv ¢ �'i* -.- m �2 v im , — ,3g '�; N '� � r �_ t 14 7. 4 ,�# t 4 . 1 „ # f � s ¢ �-� f. ��� a� f <i - �`�'r °a'`T. , ,:,:_,..7,.,,,,..t.,. 4.,i F. - fib r ..y,_,,-,....,. f ' , Q .,.,t,;.„(e',hlrit . - Figure 6 aria r Record the number from the MFC on the back of the recorder chart (Figure 9) on the left side in the PRE column. Also record the date the filter was installed in the sampler in the same column. Then record the filter installation date and .MFC reading on the log Sheet. Install the char with the graph side out in the chart recorder reset the elapsed timer to all zeros by turning the wheel on the timer, close the doors on the chart recorder, b day Tinier (manual timer), and body of the sampler. The sampler is now ready to sample. Mass Flow Controller (:VIFC) And Set Screw �? t � ' -I- .At.;',. - ' '''''.4itt.M'._.;;-, '''-- ' ' - :',:.'",,,' 4 T -- ".r■ 4'. R1 r '1 3 - ' 5 . � , , t a t �$ ■ 2 J7 h l l' , '' '.. '''' ' ' '''' '''' '' ' '''-' ' ' ' - 4 ', ...--4/111,t,,L.....-, - -14 t. F j -,^'" rs <-" a t it f y K Q 7 .od- , JF F ° i s • ` ?Y d' I ` / t ' . y ���s �' ; r ,;i t �k x6 1 t ems„ u r y GIs '.4"�,, i i fi $ 4 i' ', C r . b ✓ s! ��k fi t, C / � 3 �k.'s.. H 1 'i v av y,� S � � , 2 S F t Se i7t E i u u A I �S' a' -�' a y - J : .6�' - 7 Y rr t i r; 1^S "' ., a F 3 ' u� _A:. - : J am` rxp�7y*a >t kpr.fxF r as r � u 9 S i i5 .i. r p ' c{ r t ., :As` f r n w ig J c �x �'� r�� � .-k r s r r� E v e, � . ii; 3 a , 1' -�i�^ r•`x = r °' -, i4 , n '%4� k r t �/' C mo . r � � ' �k 5 t4�sY< 1� ar : r � '? Y ! r j ��c i t F. sx, t , - �K+- '�� " _ '' ? t Ir rF h F " Figure 8 b tilie 65 Post Sampling Filter Handling • , + Grp 4 � �{{ ',,i..,, � 5 , '? a ' i >' ^+e 8 ." ',�,�` '� ` M T emu? A 3 r/. i y °s ��r-7 --, � • n ' , - - - . :.- 3 - - 1. L ,,- ` a� s r " fi 23 ' s ir° n A - �' " �>~ , p� A7. cs ' ' 5F ' 1 e 1.A , f a y 1 ` � a te ' - „ a r, 3 �s:? J Y GS A , �� ,,e,„ 4 ` k f� w : „ . Y ' �r _, ik� , F - ; a r ,FTC d , ;` 1',-- + r § , '�° Nod t 4,-4-% w Figure 9 After the sampler has collected its sample and it is time to download the filter data, re- start the sampler allowing ample time for warm up. Take a final reading of the MFC and record the value in the post MFC final flow. Then turn the sampler off and remove the filter cassette. Once the sampler cassette has been removed from the machine take it back to the office where the used filter will be removed and a new filter will be loaded. First clean the surface of the table that is being used with an alcohol type wipe. Then fold a standard piece of paper in half lengthwise. To remove the sampled filter, open the cassette and carefully remove the filter. (Note: on occasion the filter may stick tot the cassette. Take care not to tear the filter this w invalidate the filter .If the filter is torn or cracked make a note of it in the comment column of the log sheet so that the Lab will know what occurred in the field). Quartz filters are very brittle and fragile. Fold filter in a old file jacket so to crease in the middle (Figure10 &11) after the :filter has been insert the open end of the filter to the outside of the paper that was :folded earlier. Make sure that the filter number matches with the filter jacket then store the filter in a protected area such as a drawer. Load a new filter in the cassette as described above. 8 F ilter f ®idle s re 1 arat 9n �E�v�•�es t L j ��. n / S ! b t Figure '1 Q • • x - Figure 11 67 Council Agenda Statement Meeting Date: January 25, 2010 e -t °F st kq From: Phillip Oates, City Manager `41 4 eAS0P Agenda Item: Support for State -wide Invasive Species Advisory Council BACKGROUND & JUSTIFICATION: Invasive species have proven worldwide to be a threat to natural resources and economies, competing with native species, crops, degrading fish and wildlife habitat and decreasing property values. Plants, animals, fish and invertebrates introduced into an environment devoid of their natural predators can irreversibly destroy an ecosystem, including local ecosystems such as Resurrection Bay thereby impacting the natural environment and economy essential to the health and well being of the community of Seward. Alaska has a unique opportunity to be proactive and work collaboratively to reduce the introduction of new species and manage efforts related to species that have already entered the state. To date Alaska suffers the effects of invasive Atlantic salmon, pike, reed canary grass, Japanese knotweed, Canadian thistle, orange hawkweed, spotted knapweed and garlic mustard to name a few. Alaska is not isolated, receiving significant amounts of air, sea and land traffic, all potential vectors for transporting invasive species. Worldwide estimated annual costs attributable to destruction of resources and ecosystems services by invasive species and costs to prevent spread of and mitigate damages by invasive species are estimated at $1.4 trillion. Alaska must do all it can to prevent the introduction of invasive species and have the ability to respond rapidly. The creation of a State -wide advisory council to manage invasive species when they are in small incipient populations is the most cost effective way to prevent damage to resources and the economy and improve response to these increasingly occurring situations Dedicated citizens and agency experts including staff of the Alaska SeaLife Center, UA- Seward Marine Center, and Kenai Fjords National Park have started this work and are beginning to affect change however overarching policy directives are needed from the Governor's office. Other states have established Invasive Species Councils to provide affected stakeholders a cooperative, comprehensive and integrated means of communicating, prioritizing action, planning and coordinating efforts toward prevention and management of invasive species. States with invasive species councils are likely to be more successful in securing federal funding, and will likely coordinate more effectively with Federal Partners on this problem The coordinated approach of a statewide advisory council will serve many essential functions in advancing invasive species management including compatibility of collected data, enhanced education and outreach associated with invasive species, identifying shared priorities and avoiding duplication of efforts. NftrOi JAN -11 -2010 13:40 From: To:9190722484B0 P.2'4 CITY OF SEWARD, ALASKA kow RESOLUTION 2010 -008 WHEREAS, a statewide council coordinating with federal partners will bring success to minimizing the impacts of invasive species in Alaska; and WHEREAS, funding spent on a council will pay dividends in the significant amount of money not spent on managing weeds, pests and aquatic invaders; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Seward City Council supports the formation of a state -wide advisory council within the Governor's Office to advise the Governor, other policy makers and management in the development of a strategic plan implemented to prevent and control invasive species by coordinating efforts, prioritizing actions, streamlining management of associated challenges, identifying information gaps and implementing early detection and rapid response plans. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of January, 2010. *tor THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk .., (City Seal) 69 Council Agenda Statement Meeting Date: January 25, 2010 of sett, From: Phillip Oates, City Manager '`•,;`� Agenda Item: Support for State -wide Invasive Species Advisory Council BACKGROUND & JUSTIFICATION: Invasive species have proven worldwide to be a threat to natural resources and economies, competing with native species, crops, degrading fish and wildlife habitat and decreasing property values. Plants, animals, fish and invertebrates introduced into an environment devoid of their natural predators can irreversibly destroy an ecosystem, including local ecosystems such as Resurrection Bay thereby impacting the natural environment and economy essential to the health and well being of the community of Seward. Alaska has a unique opportunity to be proactive and work collaboratively to reduce the introduction of new species and manage efforts related to species that have already entered the state. To date Alaska suffers the effects of invasive Atlantic salmon, pike, reed canary grass, Japanese knotweed, Canadian thistle, orange hawkweed, spotted knapweed and garlic mustard to name a few. Alaska is not isolated, receiving significant amounts of air, sea and land traffic, all potential vectors for transporting invasive species. Worldwide estimated annual costs attributable to destruction of resources and ecosystems services by invasive species and costs to prevent spread of and mitigate damages by invasive species are estimated at $1.4 trillion. Alaska must do all it can to prevent the introduction of invasive species and have the ability to respond rapidly. The creation of a State -wide advisory council to manage invasive species when they are in small incipient populations is the most cost effective way to prevent damage to resources and the economy and improve response to these increasingly occurring situations Dedicated citizens and agency experts including staff of the Alaska SeaLife Center, UA- Seward Marine Center, and Kenai Fjords National Park have started this work and are beginning to affect change however overarching policy directives are needed from the Governor's office. Other states have established Invasive Species Councils to provide affected stakeholders a cooperative, comprehensive and integrated means of communicating, prioritizing action, planning and coordinating efforts toward prevention and management of invasive species. States with invasive species councils are likely to be more successful in securing federal funding, and will likely coordinate more effectively with Federal Partners on this problem The coordinated approach of a statewide advisory council will serve many essential functions in advancing invasive species management including compatibility of collected data, enhanced education and outreach associated with invasive species, identifying shared priorities and avoiding duplication of efforts. 7 0 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $1,827.30 FROM THE ALASKA HIGHWAY SAFETY OFFICE FOR 2010 SECOND QUARTER ASTEP DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS WHEREAS, the Seward Police Department has been awarded a Program Coordination Grant from the Alaska Highway Safety Office, in the amount of $1,827.30; and WHEREAS, the City is not required to provide any cash or in kind match; and WHEREAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Seward Police Department for the enforcement of DUI violations during January, February and March of 2010; and WHEREAS, these funds will be of essential assistance to the Seward Police Department in the enforcement of DUI violations. 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 accept the 2010 ASTEP DUI Enforcement, Alaska Highway Safety Office grant in the amount of $1,827.30and enter into a grant agreement. Section 2. Funding in the amount of $1,827.30 is accepted to grant revenue account no. 101 - 0000 - 4680 -0200 and appropriated to the police department's overtime account, no. 101 -1210- 5020. Section 3. This resolution shall take effect immediately upon its adoption. r.r 7 2 The advisory council should include representatives of the Department ofFish and Game, Department of Natural Resources, Department of Transportation and Public Facilities, Department of Environmental Conservation, Department of Health and Social Services as well as the Department of Commerce, Community and Economic Development in addition to a 9 member appointed body representing soil and water conservation districts, a conservation organization, commercial agriculture, commercial horticulture and landscaping, commercial fishing, commercial shipping, University agriculture research and outreach, a Native corporation and a public member. CONSISTENT WITH COMPREHENSIVE PLAN: Yes ATTORNEY REVIEW: No FISCAL NOTE: Lne. ,, . Approved by Finance Department RECOMMENDATION: Council approves Resolution 2010- 0upporting the creation ofa state - wide advisory council within the Governor's Office to advise the Governor, other policy makers and management in the development of a strategic plan implemented to prevent and control invasive species by coordinating efforts, prioritizing actions, streamlining management of associated challenges, identifying information gaps and implementing early detection and rapid response plans. 7 i JAN -11 -2010 13:40 From: To:919072248460 P.2/4 Stalc of Alaska L Department of Transportation and Public Facilities 1112 Channel Dr PO Box 1 12500 / Notice to Proceed Juneau AK 99R11-2500 p. 91)7 -465 -2446 \. f: 907 -4($- 41110 dot. ala ska.gov /highwaysafel y Grantee Name and Address: Seward Police Department ASTEP DUI Enforcement Lt. Louis Tiner You may proceed with the activities for the Categories and specific Tasks enumerated below in the Funding Summary. Any activities beyond the written scope and /or any costs above the price estimate In our Agreement require prior AHSO approval and a Project Revision. Actual cost underrun of the Contract Amount for any Category shall not routinely accumulate for other Categories. AHSO reserves the right to retain or reallocate any remaining funds resulting from such cost underruns. This NTP Is cumulative and It supersedes all prior NTPs for this Agreement. The AIISO Administrator for this NTP is: Cindy Cashen Issued far Contract Age per A00 &PF Policy 001. 1.0 by Accepted for the Grantee by Signature ate Signature Date NOM' Cindy Cashen Name:: Lt. Louis Tiner FUNDING SUMMARY Total Amount Approved for this Total Amount NTP Authorized Tasks Authorized to Date As authorized in the Program Coordination Grant from October 1, 2009 to March $ 1,827 30 31, 2010. $ 3,854.60 Vehicle usage is included at $8..00 per hour as referenced in the Program Coordination Grant. • AHSO use only collocation Code Program Code Account Code NW*: 2 24462053 57870 77436 Grant #: 154AL 10 -01 -01 hedger Code Project Number aN t Project End Date: 09/30/2010 30170582 80518 prr n I Pr emml (( �lon ct g\yr k t CO Signature Date Signature Date Program Control Agent — Name: Kathy Budke Accounting Technician Name Tanaya Senders-Rouge' i4 COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2010 of sets, Through: Phillip Oates, City Manager u From: Tom Clemons, Chief of Police 41 140 -P Agenda Item: Alaska Highway Safety Grant (ASTEP DUI `10 Second Quarter Enforcement) BACKGROUND & JUSTIFICATION: The Alaska Highway Safety Office, AHSO, has requested that the City of Seward continue to participate in the Alaska Strategic Traffic Enforcement Partnership, ASTEP, DUI Overtime Enforcement campaign by providing overtime saturation patrols. During selected holidays, the blitz campaign, and assigned weekends, the Seward Police Department will conduct high- visibility DUI enforcement patrols. AHSO has awarded a grant in the amount of $1,827.30 for January, February and March 2010. This program is a 100% grant funded project, with no local matching funds required. The terms of the grant and the grant budget are attached. INTENT: The intent of this grant is to save lives by arresting and punishing alcohol and drug impaired drivers and maintain current public perceptions of DUI enforcement issues. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: No FISCAL NOTE: There is no local funding required to match these grant funds. The additional cost to the City will be in the form of potentially higher retirement benefits in the future, since retirement benefits are based on highest annual salary. However, given the small magnitude of the grant and multiple officers providing enforcement, the impact is considered nominal. Approved by Finance Department: y ✓ � RECOMMENDATION: „r City Council approve Resolution 2010- UOj , accepting a grant from the Alaska Highway Safety Office in the amount of $1,827.30, and appropriating funds. 7 3 JAN -11 -2010 13:40 From: To:919072242480 P.3'4 State of Alaska • Department of Transportation and Public Facilities 1�,,, • . i Alf i .; P.O. Box 112500; Rm #200 S' Juneau AK 99801 i Ph: 907 - 465 -2446 Fx: 907-465-4030 www.dot.alaska.govlhighwaysafety Program Coordination Grant Program Area Project Coordinator Federal Funding Year: Impaired Driving 2010 Project Title:: Project Number Alaska Strategic Traffic Enforcement Partnership DUI Overtime 154AL 10 -01 -01 Enforcement Grant Purpose /Objectives In order to reduce deaths and injuries caused by impaired drivers and to increase compliance with Alaska's primary seat belt law, the Seward Police Department will conduct high - visibility seat belt and DUI enforcement as detailed in the Alaska Strategic Enforcement Partnership Enforcement Plan submitted to the Alaska Highway Safety Office in April 2006. The Seward Police Department agrees to participate in the following enforcement blitzes from October 1, 2009 through September 30, 2010. I Required DUI Enforcement: to include the major Holidays Stow Month -by -Month Breakdown (Refer to enforcement plan for detail of seat belt and DUI enforcement times): Month Hours — DUI Enforcement Monthly Budget January 10 hrs DUI $ 549.10 Februa 10 hrs DUI $ 549.10 March 10 hrs DUI $ 549.10 Vehicle Usage $6.00 per hour $ 180.00 Actual cost of overtime to include benefits is not to exceed the following amount: $1,827.30 including vehicle usage. To receive reimbursement for personnel services the department must provide overtime sheets, the overtime hourly rates including benefits for each officer along with the activity sheets showing total hours being submitted for reimbursement.. 7 5 JAN -11 -2010 13:40 From: To:919072248480 P.4'4 Budget Summary: BUDGET CATEGORY BUDGET AMOUNT (100) Personal Services _ $ 1847.30 (200) Travel B Per Diem Project 0 154AL 10 .01 41 (300) Vehicle Usage $ 180.00 CC _ 24482053 (400) Commodities __ LC 30170582 (500) Equipment PJ 80519 _ PGM Code 57870 TOTAL $ 1,827.30 RSA # Signed: Grantee's Project Director Date • • P A ' 1///// 0 Governor's Z y Safety Representative Date (r, Sponsored by: Mayor Dunham CITY OF SEWARD, ALASKA RESOLUTION 2010 -010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE ALASKA RAILROAD CORPORATION AND AURORA ENERGY, LLC IN THEIR ONGOING EFFORTS TO CONDUCT BUSINESS IN SEWARD AND PROTECT THE ENVIRONMENT WHILE ABIDING BY STATE AND FEDERAL ENVIRONMENTAL LAWS AND REGULATIONS WHEREAS, the Seward Coal Loading Facility was originally built in 1984 as an economic development project of the State of Alaska with the support of Usibelli Coal Mine and the City of Seward, by a loan from the Alaska Industrial Development and Export Authority(AIDEA); and WHEREAS, this facility allows Alaskan coal to be exported by ship to international markets; and WHEREAS, at the urging from the Seward community and Senator Ted Stevens, the Alaska Railroad received a federal grant to purchase the Seward coal loading facility from Hyundai and AIDEA in 2003, thus preserving the export coal business in Alaska; and WHEREAS, the City recognizes the vital importance of the coal loading facility and the Alaska Railroad for viability and existence of Seward, and to the entire state of Alaska; and WHEREAS, the Alaska Railroad Corporation and Aurora Energy Services, LLC were recently sued by the Trustees for Alaska on behalf of the Alaska Community Action on Toxics and Alaska Chapter of the Sierra Club under the Federal Water Pollution Control Act on December 28, 2009; and WHEREAS, last year was a record year and saw the greatest shipment of coal from Seward in the history of the facility; and WHEREAS, Alaska' s low sulphur coal is in increasing demand throughout the international market, in large part because Alaska's coal can be mixed with other coal to reduce the environmental impacts; and WHEREAS, the Seward City Council and the community take public health concerns seriously and support all mitigation efforts in environmental stewardship; and WHEREAS, the City is not aware of any facts to support allegations of medical harm caused by the activities at the Seward coal- loading facility; and WHEREAS, the Alaska Railroad Corporation and Aurora Energy Services, LLC have spent 7 7 approximately $1 million dollars on safety, operational and environmental improvements which are significant environmental upgrades, and have been proactive and conscientious in meeting EPA and ADEC regulations and permit requirements; and WHEREAS, we are advised that in the short time since Aurora Energy Services, LLC has taken over operation of the facility, it has implemented a Standard Operating Procedure for Dust Control, a Storm Water Pollution Prevention Plan, updated the Spill Prevention Containment and Countermeasures Plan, and is in compliance with the new Multisector General Permit; and WHEREAS, since taking over the Seward coal loading facility, the Alaska Railroad Corporation and Aurora Energy Services, LLC have demonstrated a heightened commitment to environmental stewardship, have made extensive capital and operational improvements, improved environmental safeguards and have shown a conscientious willingness for public outreach, and WHEREAS, Alaska Railroad Corporation and Aurora Energy LLC are also in the process of resolving two past notices of violations regarding air quality that are unrelated to the Clean Water Act allegations in the new lawsuit; and WHEREAS, the City of Seward wants to make it known that statements made by a few individuals to the effect that coal dust has been blanketing the town for years and putting the citizens of Seward at medical risk are absolutely false and these individuals do not speak for the residents of Seward; and WHEREAS, as representatives of the citizens of Seward, the City wishes to show its support Nod to the Alaska Railroad Corporation and Aurora Energy LLC in the defense of this lawsuit and the ongoing efforts toward safety and environmental stewardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The above recitals are incorporated herein by references as findings of the City. Section 2. The Seward City Council is satisfied with the efforts made by the Alaska Railroad Corporation and Aurora Energy LLC in their ongoing efforts to protect the environment and meet the requirements of state and federal environmental laws and regulations related to the Seward Coal Loading Facility. Section 3. The City Manager and the City Attorney are authorized to provide administrative and legal support to the defendants in the litigation filed by Alaska Community Action on Toxics and the Sierra Club to encourage ongoing business opportunities in Seward, in compliance with environmental and other regulations. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25 day of „,1' January, 2010 . 'i 8 Agenda Statement Meeting Date: January 25, 2010 1 p F SF 9, To: Mayor Dunham, City Council Members :r a From: Jean Lewis, City Clerk 14-50 Agenda Item: Supporting the Alaska Railroad Corporation and Aurora Energy LLC BACKGROUND & JUSTIFICATION: A lawsuit has been filed against the Alaska Railroad Corporation and Aurora Energy LLC by the Trustees for Alaska on behalf of the Alaska Community Action on Toxics and the Alaska Chapter of the Sierra Club, for alleged violations of the Clean Water Act. The Alaska Railroad Corporation and Aurora Energy LLC own and operate the Seward Coal Loading Facility, which is of vital economic importance to the City of Seward and the State of Alaska. The City of Seward wants to make it known that statements made by a few individuals in the media, to the effect that "coal dust has been blanketing the town for years and putting the citizens of Seward at medical risk" were absolutely false and that these individuals did not speak for all residents of Seward. The City Council wishes to support the Alaska Railroad Corporation and Aurora Energy LLC in defense of this lawsuit and publicly support their ongoing efforts toward safety and environmental stewardship, and authorize the City Manager and City Attorney to provide administrative and legal support where needed. The City Council also is satisfied with these company's efforts in protecting „... the environment and meeting requirements of state and federal environmental laws and regulations related to the Seward Coal Loading Facility. INTENT: To support the Alaska Railroad Corporation and Aurora Energy LLC against this lawsuit and dispel false reporting. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Not applicable FISCAL NOTE: Without knowing the level of support to be provided, the magnitude of this financially to the City is unknown. The resolution as written does indicate "administrative and legal support.” Keep in mind any legal support provided will cost the city money and could possibly be substantial depending on the level of support. Approved by Finance Department: A . , n _ ATTORNEY REVIEW: Yes RECOMMENDATION: Approve Resolution 2010 -010, supporting the Alaska Railroad Corporation and Aurora Energy LLC in their ongoing efforts to conduct business in Seward and protect the environment while abiding by state and federal environmental laws and regulations. 7 9 AGENDA STATEMENT It Meeting Date: January 25, 2010 1 pF sF 9 1, W 174, From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Non - objection to the Liquor License renewal MASK• ' for Three Bears BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license renewal application for Three Bears. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. NIS RECOMMENDATION: Approval of the Package Store Liquor License renewal application for Three Bears. Niird MEMORANDUM ' -t of sett' q Date: January 25, 2010 :CVO To: Michelle Endresen, Finance — Leases �cASKP Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk P Subj: Verifying Compliance for the renewal application of liquor license for Three Bears. The following business has applied for a renewal of their package store liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials r Three Bears #3909 Package Store Finance/Leases Finance/Utilities Police Chief Fire Chief �! ' 8 1 KENAI PENINSULA BOROUGH FM_ 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441, Ext 2160 EMAIL: assemblyclerk@borough .kenai.ak.us :,� ,..•+ '! JOHNI BLANKENSHIP, CM( BOROUGH CLERK January 11, 2010 Ms. Dawn Holland- Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 RE: Application for Renewal of Liquor License Business Name Three Bears License Type ▪ Package Store License No. • 3909 Dear Ms. Williams: We are in receipt of the above referenced application for renewal of liquor license. The Kenai Peninsula Borough Finance Department has reviewed the renewal application and has determined the applicant to be in compliance; having no unpaid or delinquent taxes. Therefore, the Kenai Peninsula Borough has no objection to the continued operation of this establishment in Seward, Alaska. Sincerely, • Johni Blankenship CMC Borough Clerk JB /mlt cc: Applicant City of Seward KPB Finance Department File 82 Page 1 of 1 Johanna Dollerhide From: Jean Lewis Sent: Thursday, January 07, 2010 2:23 PM To: Johanna Dollerhide Subject: FW: Liquor License Renewal Notice Attachments: KPB Renewal Notice 1- 7- 10.doc From: Lambert, Christine C (DPS) [ mailto :christine.Iambert ©alaska.gov] Sent: Thursday, January 07, 2010 12:03 PM To: Jo Johnson; kachemak ©xyz.net; Freas, Carol (GOV sponsored); Jean Lewis; smorgan ©borough.kenai.ak.us Cc: Holland - Williams, Dawn R (DPS) Subject: Liquor License Renewal Notice I attach notice for all renewal applications processed within the last two weeks by me within the Kenai Peninsula Borough. If I can be of further assistance, please let me know. Thank you. Ohri ,ting C. Lambgrt Liegn8Q eXamin¢r `'1 E Board rr (907) 269 -0356 phone (907) 272 -9412 fax 83 1/7/2010 HOMER Type: Beverage Dispensary Lic #: 98 DBA Name: The Alibi Premise Address: 453 E Pioneer Ave. Owner: Alibi, Inc. Mailing Address: 57605 East End Rd. Type: Beverage Dispensary Lic #: 1252 DBA Name: Duggan's Waterfront Bar Premise Address: 120 W Bunnel Ave. Owner: William F. Duggan II & Noreen O'Brien -Duggan Mailing Address: 120 W Bunnel Ave. Type: Club Lic #: 367 DBA Name: BPO Elks Lodge #2127 Premise Address: 215 W Jenny Way Owner: BPO Elks Lodge #2127 Mailing Address: 215 W Jenny Way KACHEMAK Type: Beverage Dispensary - Duplicate Lic #: 4813 DBA Name: Wasabi's Fusion Premise Address: 59217 East End Road. Owner: Flying Fish LLC. Mailing Address: 57605 East End Road, Homer 99603 KENAI Type: Beverage Dispensary Lic #: 204 DBA Name: George's Casino Bar Premise Address: 505 Main St. Owner: G & P Inc Mailing Address: PO Box 2917, Kenai 99611 84 Type: Recreational Site Lic #: 3209 DBA Name: Alaskalanes Premise Address: 10639 Spur Hwy. Owner: Alaskalanes Inc Mailing Address: Po Box 1509, Kenai 99611 SEWARD Type: Package Store Lic #: 3909 DBA Name: Three Bears Premise Address: 1711 Old Seward Hwy. Owner: Three Bears Alaska Inc Mailing Address: 445 N Pittman Rd., Ste B, Wasilla 99654 OUTSIDE CITY LIMITS Type: Package Store Lic #: 2720 DBA Name: Lost Lake Market & Liquor Premise Address: 33508 Lincoln Street .• Owner: David & Lynn Hettick Mailing Address: 33508 Lincoln Ave., Seward 99664 Type: Beverage Dispensary - Tourism Lic #: 3002 DBA Name: Eagle Crest Dining Room & Lounge Premise Address: Bean Creek Road Owner: Alaska Hotel Properties LLC Mailing Address: 800 Fifth Ave., Ste 2600, Seattle WA 98104 -3176 We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.1 1.480 is included. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in 85 accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Nod 86 (Information from the Internet) Seward's Day in United States luick Facts Seward's Day is a state holiday in Alaska, in the United States, on the last Monday of March. Seward's Day 2010 Monday, March 29, 2010 Seward's Day 2011 Monday, March 28, 2011 Seward's Day is a holiday in Alaska, the United States, to commemorate the US purchase of Alaska from Russia in 1867. This state holiday is annually held on the last Monday of March. It should not be confused with Alaska Day. What do people do? Many Alaskans have a day off work or school on Seward's Day. Celebrations are held in places such as Anchorage, Seward and Sitka. Events and activities may include: Special history programs about Alaska. Storytelling events for people of all ages. Historical slideshow shows about Alaska's history. Schools may provide educational activities, such as essays, reports and class discussions about William Seward's life and achievements in relation Alaska's history, prior to the Seward's Day public holiday. r „'ublic life Seward's Day is a public holiday in Alaska so government offices, schools and many businesses are closed. Those intending on travelling by public transport on this day will need to check the public transport schedules for any changes ahead of time. If Seward's Day falls on a Saturday it is observed on the Friday before. If it falls on a Sunday it is observed the following Monday. Background Seward's Day commemorates when the United States bought Alaska from Russia for about $7.2 million in 1867. William Henry Seward, who was Secretary of State at the time, signed the treaty with Russia on March 30, 1867. Many people thought that the price was outrageously high and called the action "Seward's folly" or "Seward's icebox" after he arranged the transaction. Many Americans believed that there was nothing in the vast wasteland that would interest them. The Russians suffered great losses when they owned the land and the cost of maintaining a remote outpost was great so they sold the land to the United States. Doubters' opinions changed in 1897 when gold was discovered along the Klondike River, drawing many fortune seekers to the area. Alaska's natural resources paid back the initial investment many times over. Its natural gas, coal and oil reserves, in addition to its seafood and lumber industries, eventually proved to be more valuable than its gold. Seward died in New York in 1872 and did not live to see his foresight commemorated as a legal holiday in Alaska. Symbols !emorials and landmarks dedicated to William Seward are found in Alaska and other parts of the United States. N example, Seward Park is found in Seattle, Washington. The city of Seward is also named after William Seward. It is located on the Kenai Peninsula at the head of Resurrection Bay and was founded in 1903 as a supply base to construct a railway to the Yukon Valley. A popular fire that represents William Henry Seward is perched on top of a pole in Ketchikan, Alaska. 8' / Memorandum P of SE A Date: January 25, 2010 4 _1;;'� To: Mayor Dunham, Council - bers 4 LASKP From: Jean Lewis, City ClerK O Subj: A Discussion on City Land Sale Policies and Procedures Council Member Shafer called and asked to have a discussion on city land sale policies and procedures. Ms. Shafer is interested in what policies are in place now, and if they may need to be revised. In Council's mailbox is an 11 x 17 map which did not fit well in the council packet. This is a small version of the city's ownership map. Please bring this back with you for the council meeting and discussion. Have also attached the city's lease policies and procedures that were adopted in 1994. Even though this talks about leases instead of sales, I thought you may like to use it as a guide. This does show the procedure for nominating public lands for lease that may be pertinent. If during the discussion it is decided a high priority, the council could ask for a work session where key city personnel and their expertise could be brought in to answer questions or assist with a draft policy? A thought. - -Jean 88 Sponsored by: Jones i411 CITY OF SEWARD, ALASKA RESOLUTION NO. 94-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A POLICY FOR NOMINATING PUBLIC PROPERTY FOR DISPOSAL WHEREAS, the city regularly receives unsolicited proposals to lease city land; and WHEREAS, the city has no written policy regarding the identification and nomination of public lands for disposal; and WHEREAS, it is in the public interest to adopt such policies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. City of Seward Lease Policies and Procedures, a copy of which is attached and incorporated herein by reference, is hereby ADOPTED. Skov Section 2. All prior resolutions in conflict herewith are hereby RESCINDED. 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 8th day of August, 1994. THE CITY OF SEWARD, ALASKA &CIA- i�. 0 Dave W. Crane, Mayor AYES: Anderson, Bencardino, Crane, Krasnansky and Sieminski NOES: Darling ABSENT: O'Brien ABSTAIN: None 89 CITY OF SEWARD, ALASKA RESOLUTION NO. 94 -101 ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska a 4 X/ . S. rph • , CM / City Attorney City Clerk (City Seal) Nuird City of Seward, Alaska w Lease Policies and Procedures PROCEDURES FOR NOMINATING PUBLIC LANDS FOR LEASE The following procedures have been adopted by the Seward City Council.to allow the public to nominate city owned lands not otherwise designated as available for lease development: - A. Any person may make written nomination to the City Council for the city to dispose of public lands without divulging specific development ideas or purposes. B. If requested by the City Council, city staff will research and prepare a report on titles, covenants, deeds, zoning, land use planning, other land restrictions, and any planned public uses associated with the nominated lands. C. The Planning and Zoning Commission will review and make a recommen- dation to the City Council regarding the pros and cons of disposing of the nominated parcel. D. The City Council will hold a public hearing on the disposal of the nominated property and, by resolution, will make a determination as to whether or not to dispose of the nominated lands. If the City Council finds that it is in the public interest to dispose of the nominated lands, the resolution shall specify the method of disposal, i.e., lease, sale, negotiation, bid, or request for proposals. E. . If the City Council finds it in the public interest to lease the nominated land, the City Manager shall proceed with the disposal process following polices and procedures outlined in the City Code and this resolution. LEASE PROPOSAL POLICIES AND PROCEDURES The following procedures have been adopted by the Seward City Council to guide prospective lessees and the city administration in handling proposals on city -owned lands designated for lease disposal A. The prospective Lessee shall submit to the City Manager a written development plan, including a conceptual site plan, building elevation drawings, a construction schedule, and proof of project financing. B. The lease development proposal shall be submitted to the Planning and Zoning Commission at their next regular meeting, for review and written recommen- City of Seward, Alaska 2 0 Resolution No. 94 -101 Attachment A Page 1 dations, including any special lease conditions the Commission determines to be in the _ public interest. Nod C. The proposal along with written Planning Commission and staff comments and recommendations shall be submitted to the City Council, at the next regularly scheduled meeting, subject to agenda deadlines. D. Not later than 30 days following presentation to Council, the City Council shall determine whether it is in the public interest to proceed with lease negotiations. E. Upon directing the administration to proceed with the lease - negotiations, the prospective Lessee shall, within 30 calendar days, deposit with the city a cash performance bond in an amount not less than one -half the first year's lease payment as estimated by the city administration. 1.. If the prospective Lessee does not diligently pursue lease negotiations within 60 days of the date that the Council consents to the commencement of said negotiations, the entire performance bond shall be retained by the city as liquidating damages. 2.. If the city and the prospective Lessee reach an impasse and are unable to come to terms on a lease agreement, the performance bond shall be returned to the prospective Lessee after deducting lease document preparation costs incurred by the city. Such costs shall include, but not be limited to, appraisals, attorney and actual staff costs, advertising and other incidental expenses. F. If the city and the prospective Lessee reach an agreement on lease terms, the lease documents shall be signed by the prospective Lessee, approved as to form by -- the City Attorney and forwarded to the City Clerk. Once the Clerk receives the properly signed lease agreement, a public hearing will be advertised and held in accordance with . provisions of the Seward City Code, and the lease agreement will be presented to the City Council for action. - . . G. If the proposed lease is approved by the City Council, the resolution approving the lease and the lease agreement shall be posted for thirty days as required by the City Code. Barring the filing of a sufficient referendum petition to set aside the lease, the lease shall then become effective 30 days after passage and posting. Once the lease agreement becomes effective, the city shall deduct from the performance bond all lease preparation costs incurred by the city, including but not limited to appraisals, attorney and staff time, advertising and other incidental costs. The remainder of the performance bond, if any, shall be credited towards the rents due, and the Lessee shall be billed in accordance with the city's quarterly lease billing cycle. • City of Seward, Alaska Resolution No. 94 -101 Attachment A 91 Page 2 H. In the event the City Council fails to approve the lease agreement within 60 days of the date the negotiated lease agreement is first presented to the City Council, the total cash performance bond shall be returned to the prospective Lessee. I. The City Council may waive any or all of these requirements as it deems necessary to ensure successful completion of the lease negotiations. LEASE ADMINISTRATION POLICIES AND PROCEDURES The following procedures have been adopted by the Seward City Council to guide . lessees and the city in the fair conduct of business associated with lease administration: • A. Fees set by resolution of the City Council will be assessed to cover administrative time, copying costs, phone calls, postage, legal notices and other costs associated with processing all lease assignments, amendments, and sublet consent actions requested by lessees. Additionally, lessee will pay all recording fees and will reimburse the city of city attorney time in connection with the requested action or actions. B. Lease assignments and sublet consent requests will be reviewed, processed and approved as administrative functions subject to: 1. All taxes (real, personal and sales), utilities, lease payments, assess ments, licenses and insurance must be current. *lbw 2. All appropriate fees must be paid in advance. 3. City sublet approval will not be required for individual tenant space rentals in buildings designed with separate retail and office spaces. 4. Following evaluation and administrative determination, the city may - require a personal guarantee by lessees requesting assignments to corporations which are . principally owned by lessee and created for tax and liability purposes. 5. Each sublessee must provide proof of insurance in accordance with the principal lease, naming the city as an insured party. 6. The city must be provided a copy of any sublet agreements, including lease amounts, so that the city may forward this information to city appraisers for future fair market value determinations. Copies of the sublet agreements, including lease amounts, will be provided to the City Council at the next regular Council meeting. C. Amendments to leases that change the essential terms and conditions (lease rate, term, land area, or development conditions) may be approved only by resolution of the City Council. Such requested amendments will be scheduled for Council action only after the following terms have been met: • L City of Seward, Alaska Resolution No. 94 -101 Attachment A r , o Page 3 1. All taxes (real, personal and sales), utilities, lease payments, assess ments, licenses and required insurance must be current; 2. All appropriate fees must be paid in advance; and 3. The lessee's signature(s) must be in place on all required documents. • • • • City of Seward, Alaska Resolution No. 94 -101 Attachment A C `� Page 4 V hat's the Procedure? for NEW LEASES Necessary, Procedure Documents - New Lease 1. INITIALLY, when someone expresses interest in leasing a Resolution 94 -101, City particular parcel of city -owned land, ask the individual to put his/her request or proposal IN WRITING and forward it to Lease Procedures the city manager with a copy to the Harbor. Request as (Attachment A - much detail as possible, such as proposed land use, size of site needed, building plans and construction schedules. Give SMIC Lease Sites proposer a copy of the City's lease procedures Attachment (Attachment A - 2 ) A - I). If they are interested in SMIC, give them a SMIC • lease site map (Attachment A -2). Examples: 2. PLANNING AND ZONING COMMISSION. When the Marrs 97 -101; City receives the written proposal, it needs to be forwarded to the Planning and Zoning Commission for their Boardwalk leases 97- Memo to P & Z consideration and comment. If the city manager has not 102/107 (Attachment B) already done so, send the proposal to P &Z with a MEMO • through the community development director (see sample as Attachment B) for its next scheduled meeting. Wait for P &Z's report and /or suggestions. 3. CITY COUNCIL'S GO- AHEAD. After the concept is reviewed by P &Z, the proposal should be forwarded (as Agenda Statement amended, if necessary) to the City Council with an (Attachment C) AGENDA STATEMENT (dated for its next scheduled meeting - see sample as Attachment C) through the city manager. Council will be asked to authorize administration to proceed with negotiations on the proposal. • 4. PERFORMANCE BOND. After Council authorizes the city administration to proceed with negotiations, determine Letter to lessee re whether this proposer needs to deposit a performance bond. performance bond (Most do, but the city has waived this requirement on rare (Attachment D) occasions when the proposer is already an established lessee in good standing.) The performance bond equals one -half of the first year's rent and must be deposited within 30 days of notification. Calculate an estimated initial annual tease rate by using the proposer's estimated lease site dimensions and the latest appraised rental value on the site. (For example, 100' x 200' = 20,000 sq. ft. x .10 /sq. ft. = $2,000 per annum • x 1/2 = performance bond.) Write a certified LETTER to proposer regarding depositing the performance bond If no deposit made, (Attachment D) within thirty days of letter. Calendar the due p date for thirty days from date of letter and notify the Finance write a letter to lessee to Department. (Deposit of bond could be received at the close matter Harbor, noted, and forwarded on to the Finance Department.) (Attachment E) If the proposer, however, does not deposit the bond within the prescribed time period, write a follow -up letter closing the matter (Attachment E)_ 94 • Lease Procedures, continued. Page 2 Necessary Procedure Documents 5_ NEGOTIATIONS AND DOCUMENT PREPARATION. Once the performance bond is received, negotiations with prospective lessee can begin. If necessary, set up office appointment with lessee to discuss details of lease. Set up CALENDAR (Attachment F) for lease timeline. First, Land Lease Schedule determine target city council meeting date. (Allow at least (calendar) four weeks from current date.) Then, date and back -date the (Attachment F) balance of the calendar around the council meeting date, all the way through the effective date of the lease Be sure to _ allow enough time to draft the lease have the lessee (and/or attorney) review the draft and make amendments, prepare it in final form and get it back to the lessee for signatures (Step 7 below) before having to submit it to the clerk's office by the deadline. Gather information to draft the lease document (Lease /Lease.frm). You will need: (a) lessee's legal name (names, if more than one individual) and mailing address; if lessee is a corporation, get the narne exactly as it should Lease Document appear (with all punctuation and abbreviations) and see Step (Attachment G) 6 below for further instructions; (b) size and description of lease site; (c) lease term and calculated effective /termination dates; (d) rental rate based on latest appraised value; (c) use of lease site and planned construction date(s); (f) name of signer, if a corporation; and any other pertinent information that affects the terms and conditions of the lease. 6. CORPORATIONS. If lessee is a corporation, it needs to provide three other documents prior to approval by the City: (a) a "certificate of compliance ", obtained from the Alaska Certificate of Incumbency Division of Corporations, stating that the corporation is m (Attachment f) good standing (AK Division of Corporation's phone number is 907 - 465 -2530) (see sample as Attachment II); (b) a "certificate of incumbency" from the corperation identifying the person signing the lease document and authorizing him /her to act on behalf of the corporation; and (c) a Corporate resolution resolution of the corporation evidencing that the corporation (Attachment 1) approves the transaction and that names the signer (sec sample as Attachment I). These documents may take some time to obtain so be sure to inform the proposer of this requirement in plenty of time. Lease Memorandum 7. GETTING LEASE DOCUMENT SIGNED_ When all ( Attachment J) negotiations are complete, prepare lease (2 copies) in its final form, as well as a lease memorandum (see sample as Attachment J), and forward to lessee for signature(s) and Cover letter with leases notarization. Typically, the harbormaster signs off on the lease before n goes to the lessee for signatures. Once again, to sign allow sufficient time for signing and mailing in order to meet (Attachment IC) the clerk's deadline. (Sample cover letter as Attachment K.) Br 95 Lase Procedures, continued. Lge 4111ir' Necessary Procedure Documents a. Lease document $. HAN IN DOCUMENTS. ON OR BEFORE (2 signed originals) ESTABLISHED DEADLINE (noon oonMon ay wo weeks b. Lease memorandum before target council meeting date), prepare (1 signed original) documents shown at left (see samples as Attachments G, 1. L, c. Notice of pubic hearing M and, if needed, N) and submit to clerk's office. Check (1 signed original) - with clerk's office, if necessary, to ensure that notice is (Attachment L) properly published. (Failure to give proper notice inay_dela Y d. Agenda statetnent the entire timeline!) During the public notice period, the (Attachment M) lease remains in the clerk's office for review by the public. e. Draft resolution There is no further action on the matter necessary nt a at (if needed) City Council reviews and, hopefully, approves (Attachment N) their next meeting. 9. REFEREN PERIOD. On the DAY AFTER Council approves the lease, the 30 -day referendum period begins with the posting of the corresponding resolution, which MUST be posted at city hall, post office and harbor. This should be clone by the clerk's office: However, it's a good idea to check with them to verify that it was done. Failure to post the resolution could affect the effective date of the lease. Near the end of the referendum period: e a check for the a. Contact the lessees to; (1) g recording fee (lease memorandum only) made payable to the Alaska Department of Revenue (schedule of Recorder's fees as Attachment 0); and (2) remind the lessee of their need to provide proof of insurance referencing the lease site and naming the City as an additional insured (insurance requirements as Attachment P). Lease Data Sheet b. Fill our a Lease Data Sheet and forward to Kint itt (Attachment Q) Finance for billing (Attachment Q). 11. AFTER THE EFFECTIVE DATE. If no public action is taken during the referendum period, the lease becomes effective as scheduled. The clerk's office will: (a) route the lease (2 originals) and lease memorandum to the city manager for his signature, notarization and clerk's attest; (b) set up the lease file (red folder) and issue it a lease number according to the established filing procedures; and (e) return all to the Harbor. 12. RECORDING THE LEASE. When the lease file come back to the Harbor, record the lease memorandum (only -- not the whole lease) with the recorder's office, obtaining a conformed copy of the document. Then, forward one copy of the fully signed lease document to the lessee along with a copy of the recorded lease memorandum for lessee's file. (1t' Nor you wish, send a cover letter, a sample is attached as Attachment R.) Retain one original and a copy of the recorded lease memo in City's file. 6 Lease Procedures, continued. Page 4 Necessary ••' D Procedure Documents 13. FUTURE DATES. Be sure to calendar any important dates in the lease and set up ticklers to ensure that any stipulations of the lease are followed through (i.e., survey of site, construction dates, insurance, etc.) • 9 City of Seward, Alaska of set City of Seward 1963 1965 2005 u` to P.O. Box 167 hiltil ° 4 Seward Alaska 99664 -0167 AII•America City 4tA_ SrP Main Office (907) 224 -4050 1 1 1libe Facsimile (907) 224 -4038 January 8, 2010 Honorable Mayor Toshifumi Sunagawa Obihiro City Hall Nishi 5, Minami 7 -1 Obihiro -Shi, Hokkaido Japan 080 -8670 Dear Honorable Mayor Toshifumi Sunagawa; I wish to take this opportunity to wish you and the City of Obihiro a very prosperous and happy new year. We have never met personally, but our cities share 39 years of friendship through our very successful exchange programs. As you are aware, Seward celebrated the 100 anniversary of its founding in 2003. Our year -long centennial celebration included the visit of your delegation to Seward. Sewardites in turn have been fortunate in having attended celebrations in Obihiro. We are looking forward to many more visits between the citizens of your city and ours. Considering that both cities have events to commemorate once more: Obihiro's 130 birthday in 2013, voila., and the 100 anniversary of Seward's incorporation as a city in 2012, this would seem to be an ideal time to work together again to foster our friendship. I have been asked to contact your office about the possibility of sharing a mural project to enhance our exchange program. You may have noticed some of our murals when you were here in 2003. They were done by the Seward Mural Society. They can be viewed on their website: www.sewardmuralsociety.com. The local project has been successful and the State of Alaska has named Seward the "Mural Capital of Alaska." A mural exchange between our two cities would involve designs acceptable to both. The murals could be attached to buildings, or be free - standing and include public participation. This would involve a considerable amount of coordination between our cities for a two -year period. Artists from both cities would be involved in the design and painting. The Mural Society and the Seward International Friendship Association, as well as the City of Seward support such a project. I am sure the murals would be very popular with the public. The artists and our communities could take personal pride in the finished product. Please consider this proposal and let us know your thoughts on such an exchange of artistic talent. If this is something that can be agreed upon we can begin to work out the logistics between us. I look forward to hearing from you and again thank you for your friendship. Sincerely, -, ,, � 2%'fj - �V� lard E. Dunham, Mayor City of Seward ,g CITY OF SEWARD • Main Office (907) 224 -4050 P.O. BOX 167 yof Sfw • Police (907) 224 -3338 . X90 • Harbor (907) 224 -3138 SEWARD, ALASKA 9966401 67 -+ = • Fire (907) 224 -3445 4 w> • City Clerk (907) 224 -4046 • Community Development (907) 224 -4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 January 13, 2010 The Honorable Lisa Murkowski United States Senate 709 Hart Bldg. Washington, D.C. 20510 -0202 Dear Senator Murkowski: I am writing to lend my support for the four City of Seward projects submitted by Mayor Willard Dunham in a letter to you dated January 7, 2010. I am a current Council Member and Vice Mayor for the City. The City of Seward requested funding for the following projects; (1) an investigation of alternatives to the existing Lowell Creek Flood Diversion System; (2) waterfront improvements in downtown Seward; (3) improvements in roads, sidewalks and drainage systems within the city limits; and (4) expansion of the hospital to add a new primary health clinic. These projects were discussed by the City Council in open public session. I strongly vvrid support this list of Seward's federal priorities and urge you to seek funding for them in the Fiscal Year 2011 process. Sincerely, p ea"..) Jean Bardarson, Vice Mayor City of Seward Nord o January 2010 January 2010 February 2010 S M T W T. F S S M T W T F S 1 2 :1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14`15 16 `` 14 15 16 17 18 19 20 17 18 19 20 2122 23 2122 23.24' 25' 26 27 24 31 25 26 27 28 '29 30 28 Monday Tuesday Wednesday Thursday Friday -JanUa; 2010 Aiaw =Yaari Day (Offices Close 4'. 5 6_ 7 8 7 :3Opm „ P&Z Meeting 12a00pm PACAB Meeting 11 12 13 =,14 15 6:OOpm'CC WS 11-30am �I 7:OOpm City Council Meeting 18 19 20 21 22 6,3Opm g 6:3000 Historic 9.00am_Social Security Preservation Rep Meeting _ 25 '- - 26 , - ” 27" 2$ 29 Tc Op(II City Council Meeting Nanci Richey 1 1 f 0 1/20/2010 3:48 PM 201 0 February 2010 March 2O1fl February 201 S M T W T- F S S MT WT F S 1 2 3 4 5 6 - - 1 2 3 4 5 6 7 8 '9 10 11 12 13 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ' 14 :1"5 16 17 18 19 20 21 22 23 24 25 26 27 21 22 23 24 25 26 27 28 28 29 30 31 Monday Tuesday Wednesday Thursday Friday 51 February 1 2 3' 4 7 :30pm -P &Z Meeting .°-` 8; 9 10 11 12 7 OOpm City Council 11:3Oam' • Meeting 15 17 18 1 = ',„;r-�� , - ��3,,A a�e'', 6:30pm r r .3 „p h 7 ;: 12:OOpm PACAB Work 9:OOam Social Security Session Rep 6:30pm Historic Preservation ),________4 Meeting i 1/ i ..„■111111111PPAIIIIMIlkh, 22 23 24 25 2E 7:OOpm City Council Meeting loot Nanci Richey 2 1 6 1 2 1 / 0/2010 3:48 PM