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06262017 City Council Packet
Seward City Council Agenda Packet Photo by Dan Butts June 26, 2017 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA �-- �. 1 1� I I r {Please silence all cellular phones during the meeting} June 26, 2017 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2017 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor [Those who have signed in will be given the first opportunity to Term Expires 2018 speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2018 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, David Squires the item is returned to the Regular Agenda] Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2017 A. Proclamations and Awards Sue McClure Council Member B. Chamber of Commerce Report Term Expires 2017 C. City Manager Report...........................................................Pg. 3 D. City Attorney Report........................................................Pg. 8.5 Deborah Altermatt E. Other Reports and Presentations Council Member Term Expires 2017 1. Report on 2016 Audit Results by BDO, USA LLP. Erik Slater 2. Providence Seward Mountain Haven presentation by Joe Council Member Fong. Term Expires 2018 7. PUBLIC HEARINGS James Hunt City Manager A. Resolutions Requiring Public Hearing Johanna Kinney 1. Resolution 2017-036, Authorizing The City Manager To Enter City Clerk Into A New Lease With Ray And Janina Simutis For Lot 3, Block 6, Seward Small Boat Harbor Subdivision, City Of Will Earnhart Seward. Alaska And Recorded As Plat No 2000-19, In The City Attorney Seward Recording District, Third Judicial District, State Of Alaska......................................................................................... Pg. 9 City of Seward, Alaska Council Agenda June 26, 2017 Page I 8. 9. 10. UNFINISHED BUSINESS — None NEW BUSINESS A. Resolutions 1. Resolution 2017-037, Adopting The 2017 Historic Preservation Commission Priorities. pg. 44 B. Other New Business Items 1. Approval of the June 12, 2017 Regular City Council Meeting Minutes...............Pg. 50 2. Recommend appointment of Cindy Ecklund to the Kenai Peninsula Borough Planning Commission, with a term expiring July, 2020.......................................................Pg 54 *3. ems. (pulled by Clerk will be on the July 24, 2017 agenda) 4. Transfer of Chinook's Liquor License 94617 from Aqua Pesca, LLC dba Chinooks Waterfront to Fam Alaska, Inc dba Chinooks Waterfront and Restaurant Designation Permit Application for Chinooks Waterfront.........................................................Pg. 57 11. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. On -going City Project and Goal List................................................................... Pg. 82 B. April financial reports for Providence Seward Medical and Care Center and the City ofSeward.............................................................................................................. Pg. 83 12. COUNCIL COMMENTS 13. CITIZEN COMMENTS 14. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 15. ADJOURNMENT City of Seward, Alaska Council Agenda June 26, 2017 Page 2 CITY OF SEWARD P.O. Box 167 Seward, AK 99664 MANAGER'S REPORT June 2, 2017 thru June 16, 2017 Jim Hunt, City Manager Telephone (907) 224-4047 Facsimile (907) 224-4038 The following purchase orders for between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: 6/6 Construction Machinery 6/14 Sitelines Park & Playground 6/15 HD Supply Water Works 6/15 Financial Engineering Co 6/15 AK Map Co ADMINISTRATION Public Works $11,673.49 Circle Unit 106 Campgrounds $34,420.90 Picnic Tables City Hall Annex $12,726.50 Water Valve Boxes Electric $14,820 Electrical Rate Study Electric $13,782 GIS Support • Briefing on alternatives for Lowell Creek Flood Diversion Teleconference • Meeting with Joe Fong to discuss Seward Mountain Haven census • Weekly radio interviews and pop ins • Meeting with property developer • R & M teleconference • Weekly SMIC teleconference HARBOR • We had meetings with Hamilton Construction and R&M for the Breakwater project on 6/15/17 and 6/22/17. • Base and core rock are complete, the entire footprint of the breakwater is in place, and they are continuing to place primary A and B rock. • A few more barges are needed to finish the breakwater. • The Harbor is at 55% on slip renewals for the July through December tenant moorage. • The boat lift schedules for both sides of the bay are continuing. • The harbor now has Wi-Fi throughout the harbor. • Asking Could Council to please announce to the public that people are not allowed to fish off of the Travelift dock or the North Dock while construction is ongoing. It is a liability issue in an industrial zone. LIBRARY • The Resurrection Bay Historical Society volunteers open the Museum each Sunday through the summer from 1-5pm. They also show the Movie@2, the Iditarod National Historic Trail: A History. We thank Dennis and Aleta McClain and Keith and Jackie Campbell for the gift of their time! • Deputy City Clerk Brenda Ballou photographed the Obihiro objects that has been entrusted to our care by the City Clerk's office, for further research and provenance gathering for a Temporary Obihiro, Japan - Sister City museum exhibit coming later this summer. • Archival intern Courtney Berge had her welcome reception on June 14th, where she shared with 22 attendants what she's accomplished and learned about the Brown & Hawkins archival collection since 3 starting on June 2" d. She will continue to work on this and a few other archival projects until the beginning of August. We appreciate her expertise in archives and the work she is doing to help us. • Stevens Puppets presented a beautiful marionette rendition of The Sleeping Beauty on June 13' for 66 attendants. Many people expressed their love for this program and that they look forward to it as a highlight of their summer. It was announced next year's show will be the Wizard of Oz, so we'll do our best to bring this program to Seward next summer. Thank you to the Seward Community Library Association and the Hotel Seward for sponsoring this program! • The Seward Community Library Association was awarded a Sward Community Foundation Mini Grant for $650 to enhance our Summer Reading Program Lego Club. Creative additions to the Lego collection, Duplo bricks for young children and organizational resources were purchased, with the Library Association chipping in an additional $109 for the enhancements. Many thanks to both the Library Association and the Seward Community Foundation for their support! • It's still not too late! Children in preschool through 5th grade can still join the fun and register for the Summer Reading Program. Teens from 6th grade to high school may also continue to participate in the Teen Reading Raffle for a weekly drawing as well as a grand prize drawing of a $200 Amazon gift card. Participants at the Lego and Movie programs will enter into an additional drawing to be held at the Closing Party on August 5th. • We thank our Garden Fairies, who have been busy at work cleaning, weeding and fixing up our beautiful garden. There are benches to sit and enjoy the garden, mural and views. Something is sure to be in bloom, so don't miss out on this gem of a garden. • Director Kingsland was a guest on the SAKtown Talk show with Mike Insalaco on Seward's Public Radio on June 16th to talk about the Seward Community Library & Museum. We still have much to share about what we do and why our community members should care, so we'll be back to talk some more. Listen for regular Library Museum updates on Radio KBIH 91.7FM. PARKS AND RECREATION • Parking is busy selling permits, writing notices and ticketing offenders • Working on continued lot clean up in Center Lot and Shoreside Lot • Permit parking only on the east end if the the SHU (South Harbor Uplands) • ALPAR has an amazing crew of litter pickers. Lots of bags of trash, but having fun while working! • TYC- 50 kids went to the AK Zoo; then 50 were gold panning this week. • What an awesome staff of summer camp counselors with a perfect mix of fun and experience. • Gardening is going well at Seward Mountain Haven 11 • Teen Rec-room- is working on a few `service to community' projects including Woodlawn cemetery • Parks & Campgrounds- Busy Waterfront Park Ongoing work in the Cemeteries to prepare for the annual Solstice cemetery tour • We have been promised price quotes from vendor regarding the Little League backstop. No action yet. • Gardens are going in and they look fantastic, we would like to say thanks to the awesome gardening crew again this summer. • Volunteer Campgrounds Host annual `same page' meeting • Sports & Rec- British Soccer Camp is a "go" and started Monday, June 19th • We are excited to announce a new Bear Bell Run sponsor, Seward Real Estate Company. We'd like to thank the Seward Journal for the great coverage • 10 softball teams play on Tuesday night. Wonderful, family -friendly atmosphere at Jon Perry and Citizens' Fields. • Work on the upcoming Subway TriHarderThon Saturday July 22"d. The Anchorage Band `Nothin' But Trouble' will sing and play at the finish line for a community `partyharderthon' for all ages. FINANCE • The Finance Department has been working with the State agencies involved in managing the lease of space in City Hall. The State has notified us that they are likely to vacate the space currently occupied by the Office of Children's Services and Fish and Game. We expect to know for sure by the end of June. If those two agencies vacate their office space, the only agency other than the City in City Hall will be the State Courts. • We are awaiting information from the US Air Force regarding their lease of the old Air Force rec camp site, and hoping to be able to see the clean-up of that property by the end of July. It may take a little longer, but we have seen some forward progress toward that end. • We are awaiting final approval of a new proposed lease with the US Army on the Army Rec Camp lease. The current lease expires June 30 and we cannot execute the new lease prior to that date due to the 30-day effectiveness clause for new leases. However, there are material changes to the new lease (including escalation of the lease rate from the current 25% of fair market rental value up to 100% of fair market rental value; the addition of the CPI lease rate escalator to be consistent with more recent City lease amendments; addition of utility easements on the leased property; and other standard lease language) which are requiring a lengthier US Army legal review. We expect to bring forward a new proposed lease in July, for a 10-year lease with two options to extend for additional 10-year periods upon Council approval. • Finance staff participated in the mock on -site HRSA review of the Seward Community Health Center, answering questions about the HRSA grant, accounting, internal controls, etc. The actual on -site review will take place the week of August 7th and the City, as the grantee, will take part in the CHC survey. ELECTRIC DEPARTMENT • The boring by the lagoon is expected to start on Monday, June 19th. A setback for the contractor pushed the start back from Friday. • The Bradley Lake Project Management committee is considering an option presented by the Alaska Energy Authority to increase the amount of water in Bradley Lake by diverting Battle Creek. The project would add approximately 37,000 mWh of additional energy per year, which is estimated to be worth approximately $4.6M annually to Railbelt customers. Seward would be responsible for 1% of the cost of construction, which is estimated to be around $62M. • The Electric Department would like to wish the best to Isaac Osborn. Isaac was working for the City's electric department as an intern this summer when he was offered an incredible opportunity working for an engineering firm in Anchorage designing Civil engineering projects until he goes back to school this fall at University of Alaska Fairbanks as a sophomore. • The Electric Department hosted an AVTEC class to tour the generation facility on June 7th. The experience seemed to be very interesting to the students as they got to ask questions, see the generator and control room buildings, and witnessed our operators start up one of the generators. PUBLIC WORKS • The Public Works Department has all positions filled, and all hands are busy. Please bear with us and remember how nice it will be to have new pavement instead of potholes. Thanks in advance for your patience. • The water crew is working hard to replace water main valves on Jefferson and Fourth. Expect detours and road closures. They are also working on 6th Ave north of Madison to replace old galvanized lines. This needed to be done prior to the new paving. • KNIK Construction and the State of Alaska are busy working on the handicap ramps on most intersections downtown. They are also doing prep work for paving on several streets. The plan is to start with 1st Ave and work eastward thru downtown. • Among the many seasonal shop maintenance efforts we are also thinking about snow season and the equipment condition. The sand truck that broke down last season is prepped and ready to go for major transmission case repairs. We need to be diligent in getting winter equipment fixes done long before the season to avoid delays in services. 2 Kenai Peninsula Borough Seward/Bear Creek Flood Service Area a 302 Railway Ave, Suite 123, P.O. Box 1554 Seward, Alaska 99664 (907) 224-3340 (Fax) 224-5197 www.kpb.us/service-areas/sbcfsa Memorandum TO: City of Seward Council Members &t Administration THRU: Randy Stauffer, Service Area Board Acting Char FROM: Stephanie Presley, Service Area Coordinator DATE: June 13, 2017 SUBJECT: Seward/ Bear Creek Flood Service Area &r City of Seward Partnership Projects Greetings from the Seward/ Bear Creek Flood Service Area (SBCFSA) board and staff. Please find below an update on recent SBCFSA activities, including cooperative mitigation projects with the City of Seward. a. Since 2010, the service area has been working with the U.S. Army Corps of Engineers to complete a Section 205 Flood Risk Management project at the top of Salmon Creek. The project team has finalized design specifications and drawings for a 1,675 foot long armored revetment to replace the gravel embankment. Alaska State Department of Natural Resources has issued an entry authorization for easements for an access road to the project site and a recreational parking area at the end of Romack Court in the Bear Lake neighborhood. With assistance from State grants, SBCFSA has funded over $1.4 million for the feasibility study, design, and implementation phases of this $4 million project. The contract is expected to be awarded July 31st with construction to begin in September of this year. b. Metco has completed bedload removal from Lost Creek in the Old Mill subdivision and an armored finger dike between the confluence of Lost and Grouse Creeks. Over 6,000 cubic yards of material was removed upstream and downstream of the Forest Road Bridge and taken to an upland location on Timber Lane Drive. The service area appropriated $30,000 from fund balance for the project and the Kenai Peninsula Borough (KPB) Roads service area provided $6,000 for work in the bridge right-of-way. c. CIC, Inc. completed restoration of the Box Canyon Creek water diversion structure eroded in fall of 2016. With cooperation from CIRI for access to the project site, SBCFSA funded $9,000 to rebuild the 1,400 foot long gravel embankment that protects the Exit Glacier neighborhood. d. The service area currently has a request for quotes out to contractors for the restoration of the 1,200 foot long embankment on Salmon Creek, north of Clear Creek. This gravel berm, 7 built during the 2012 flood event, diverts waters to the east, away from the confluence of Clear Creek. High water events these last few years have eroded the embankment and the awarded contractor will rebuild it to previous conditions before mid July. e. The service area has received a five-year land use permit from the Alaska State Department of Natural Resources (DNR) for channel and embankment maintenance on Sawmill Creek, upstream from the Nash Road Bridge. A project will go out for bid mid - June to push streambed material from the center of the creek to clear the channel and repair gravel berms breached last fall. The SBCFSA board has also begun work on a site specific mitigation plan for sediment management on Sawmill Creek. Once a plan is approved by the DNR Commissioner, the service area would be able to maintain the upstream channel on a regular basis and would be the first in Alaska to utilize State statute 38.05.872 to mitigate excess bedload for flood control without State material fees. f. The City of Seward received a $50,000 grant from the KPB, funded by the SBCFSA board, to assist with the Coastal Erosion Rip Rap project completed by Hamilton Construction in 2016. This erosion control project on 400 feet of shoreline will protect the water front walkway, Branson Pavilion and Community Skate Park. g. Last April, in cooperation with the City Public Works department, the SBCFSA funded $4,250 to clean out a culvert under Second Avenue which caused flooding of the Two Lakes trailhead and threatened the neighboring property. SBCFSA will work with the City in fiscal year 2018 to replace this aging culvert. h. In 2015, the service area contracted with Alaska Map Company and worked with the KPB Geographic Information System team to correct the discrepancy between parcels and imagery on Lowell Point and the Seward Marine Industrial Center. Having correct parcel information assists with floodplain regulation, determining properties within a special flood hazard area, and the presentation of maps for public meetings. i. The Dairy Hill Drainage Improvement project was completed in 2014 with funding and resources from the City, $350,000 from the Hazard Mitigation Grant Program, and $176,000 from the service area. This site was severely damaged in the flood of 2009, and completion of the project alleviated the washout of roads, culverts and potential private property damages during heavy rainfalls. j. Long-time SBCFSA Chairman Bill Williamson recently resigned his seat on the service area board. His service to our community these last 15 years has been greatly appreciated and his leadership will be missed. Board seats D and F are now vacant. Interested residents of the service area can submit an application to the KPB annex office in Sea View Plaza and would be appointed until the election in October. l `0 tvofo 'A. — - — Birch Horton Bittner & Cherot a professional corporation June 23, 2017 Mayor and Members of the City Council City of Seward P. O. Box 167 Seward, AK 99664 William A. Earnhart Respond to Anchorage Office T 907.263.7285 • F 907.276.3680 wearnhart@bhb.com RE: City Attorney Report for the Period May 6, 2017 through June 22, 2017 Dear Mayor and City Council: The following summarizes our activities as City Attorney during the period May 6, 2017 through June 22, 2017.- 1 . General Matters: The City Attorney's office provided advice and worked on various matters including records issues; contract provisions and leases; and prosecuting infractions. Significant matters included the KNIK paving contract and the Lowell Tunnel Project Management Agreement. 2. Litigation: In the Orion litigation all briefing is complete. There will only be oral argument if requested by the court. We hope to have a positive decision from the Court within twelve months. The Reinke personal injury lawsuit was tendered and accepted by Seward's insurer, AML/JIA and is being defended by insurance counsel with Holland & Knight, LLP. 3. Electric Utility: We continue advising and participating in negotiations to protect the City's interests regarding the Bradley Lake agreements. There are some upcoming deadlines that will hopefully bring this matter to a conclusion. The total number of ours billed by the firm on general matters was 31.9. Please contact me if you have any questions or desire further information on any of the matters discussed above. Sincerely, BIRCH HORTON BITTNER & CHEROT William A. Earn a� WAE:alk/cc: Jim Hunt, City Manager 1127 West Seventh Ave., Anchorage, AK 99501-3301 I 1156 15th St. NW, Ste. 1020, Washington, DC 20005-1754 T 907.276.1550 • 800,478,1550 • F 907.276.3680 I T 202.659.5800 • F 202.659.1027 507486\1002\00616589 8.5 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH RAY AND JANINA SIMUTIS FOR LOT 3, BLOCK 6, SEWARD SMALL BOAT HARBOR SUBDIVISION, CITY OF SEWARD. ALASKA AND RECORDED AS PLAT NO 2000-19, IN THE SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is owner of real property described as Lot 3, Block 6 Seward Small Boat Harbor Subdivision; and WHEREAS, this land has been leased to Ray Simutis since 1987; and WHEREAS, Ray's restaurant has been serving fisheiman, locals and tourists for over 30 years; and WHEREAS, the current lease will expire on September 24, 2017, and has no renewal options; and WHEREAS, Mr. Simutis and his daughter would like to enter into a new 30 year lease prior to the expiration of the current lease; and WHEREAS, Ray's restaurant has maintained a positive presence in Seward; has been in compliance with the terms of the current lease, and the lease request is consistent with the Comprehensive Plan and the Seward Boat Harbor Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Council has determined that the essential terms and conditions of the proposed lease with Ray and Janina Simutis for the real property described as Lot 3, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No 2000-19, in the Seward Recording District, Third Judicial District, State of Alaska are in the public's interest. Section 2. The City Manager is authorized to execute a new lease with Ray and Janina Simutis in substantially the form as presented at this meeting. Section 3. This resolution shall take effect 30 days from the date and posting of adoption. OIL,YZ:ifi[1I1YAT0111.1111 s-M 0 CITY OF SEWARD, ALASKA RESOLUTION 2017-036 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26`h day of June, 2017. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, MMC City Clerk (City Seal) 611M,YZ:ifi[1I1YAT0111.1111 s-M THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 10 Meeting Date: To: Through: From: Agenda Item: Agenda Statement June 12, 2017 City Council City Manager Jim Hunt Harbormaster Norm Regis Ray Simutis and Janina Simutis new Lease for Lot 3, Block 6 Seward Small Boat Harbor Subdivision, City of Seward, Alaska BACKGROUND & JUSTIFICATION: Ray Simutis has owned and operated Ray's restaurant since 1987 on leased City land. The current 30 year lease expires on September 23`d 2017 and has no renewal options. Ray Simutis and his daughter Janina Simutis would like to enter into a new lease for 30 years. The land will continue to be used as a waterfront restaurant located in the Seward Boat Harbor.. Ray Simutis and Janina Simutis: a) Shall also comply with all Seward City Code requirements b) Has not been in default on the previous lease. INTENT: To approve a long-term lease between the City of Seward and Ray and Janina Simutis for Lot 3, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-1.9 in the Seward Recording District, Third Judicial District, State of Alaska. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): T Create a thriving port of 1. Seward through harbor improvements, infrastructure expansion, and X im lementation of management plans age 23). Strategic Plan (document source here): Attract New Industry: 2 Develop an aggressive marketing campaign which highlights the diverse X resources, and quality of life that make Seward a great place to live and establish a business or industry. (Page 5) 3. Other (list): 11 FISCAL NOTE: The annual lease amount is $20,000.00 plus tax. This property was appraised in 2015. The lease rate is based on 8% of the fair market value. The property will be re -appraised in 2020 and the rent will be adjusted accordingly. Between appraisals, the rent will be adjusted each year according to the Consumer Price Index (CPI). Approved by Finance Department:Ni K ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2017- 036 authorizing the City Manager to enter into a Lease with Ray and Janina Simutis for Lot 3, Block 6, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska. 12 27 April, 2017 Request to Lease City of Seward Property from Ray Simutis and Simutis I would like to renew my 30 year lease for Lot 3, Block 6, Seward Small Boat Harbor Subdivision, Seward, Alaska (Rays Restaurant) Size of parcel is 8,607 square feet more or less The current rent is $20,000.00 plus tax. The rent is subject to annual CPI adjustment and re- appraisal in 2020. 1 will be responsible for any additional surveying work necessary. I will submit any plans to modify the property to the City for review and approval. I plaza to maintain a waterfront restaurant, upon completion of the new lease. X Ray Simutis X az_ _ ,_ ( — -, Sim s 13 LEASE AGREEMENT between CITY OF SEWARD, ALASKA =4 Ray & Janina Simutis Effective Date- [ 9 20171 14 TABLE OF CONTENTS ARTICLE I - LEASED LAND ... ..... ----------------------------------- -..... --- ...... '...... ........ ........ _..l ll Description of Leased Land .................................. ......................................... ....... l 1.2 Covenant ofQuiet Enjoyment; Warranty mfTitle ... ....... -_---_--_-.......... ._l 1'3 Property.4ccepted ................ --- ...... -.-......... --- ...... ..... ......... --- ........ .~.l 1.4 Permits ........... ....................... --....... .... .......................................... .................. 2 1-5 --........... ...... ........ ......................................... ...... -............ ........ ......... 2 1.6 .... ... ... ... ... ... ... ... _... ... ... .... 2 ARTICLE2~LPASEtVRM- ....... --'-__..__.......... ...................... --.................................. 3 2.1 Lease Term. ... ............. ......................................................... _.... ........ _`........... '_3 ARTICLE 3-RENTAL RATD�....................... ............................ ^... ,........ .~_______....... 3 3.1 InwaiRen«m/Rate ......... _--.,~.--.'-------------- _... -...... ............................... 3 3.2 Rental ....... ________........... .......... ................................ .............. 3 3-3 PmptedYnre0x"Rww$a/ ........................................................... .............. 3 3A Effect of Lae Apprabwl b*C=.................................................. -...... '..... -_.... .4 3'5 Appraisal by LESSEE ..... ..... ....... .._-.._---._'-.,,_.___-_...................... 4 3.6 Effective Date qfA4usred Rmmnul Rate --_---------- --...-._--_'--....... ... 4 3.7 InAm'hm.Rmm$al Aqjustments --~_-'--._.------__.---_.._._---_---_-_--.5 3.9 Late.................................................. ....... -.-.............. ..... .--- 5 ARTICLE 4-USE OFLEASED LAND .................. .-.---_-----_....... ............................ 5 4lUse of Leased Lanf_....... _............. ........... ............................................................ 5 4.2 Obligations of LESSEE ............................................... .... _...... -... --------------------- 5 4.3 No Preferential Rights &mUse Public Facilities. _...... -............ ....................... .-... 6 4.4 Adequacy qfPubfic faci0ties'_---........... -'... -.--'...... .................................. 6 4^5 Tariffs and Other Service Fees ... ....... ....................................................... ............ 6 4A 7imefor Payment ofUtilities and Taxes. ..... _...................................................... 6 43 Other Uses .... ,... --..-........ ---- ......... ..... ...................................................... .6 ARTICLE 5- UTILITIES AND RIGHTS OF ACCESS..~. ................. ... ..... -'...... ........... 6 5.1 udlihos........ --- ....... ........ ----'_-_.-_.-...... ............................................... 6 5.2 '_.'-__--........... _........................... ....... ...... -_..... .7 5.3 Euxemnevts--.................. ............ ............ ...................... ............. ........................... 0 ARTICLE 6- CONSTRUCTION BYLESSEE ......... ........ ....... -'----_......... ,,~—...... 8 6AImprovements onLeased laod-_.... ........... .............. ............. ............. ....... _0 61 City Review ofConstruction --.~----'--------------------------9 ARTICLE 7- RETURN OFLEASED LANDDMTE ------------- ............. _....... 9 7.1 Return ofLeased land in Original Condition ... ........ -.......................................... 9 ARTICLE 8- FORCE MA3E0RE........... ....... ........................ ...... ...................................... 9 ARTICLE 9-LESSEE'S ACTS OFDEFAULT'-....... ...... ........ ............. ............................ 10 ARTICLE 10~REMEDIES FOR DEFAULT BYLESSEE ---_--_-_..................... I1 ARTKCLE&D -TITLE TO IMPROVEMENTS UNSTALLE0»UBY LESSEE ........... ........ ... l2 Il,I Real..... .... -'....... ............... ........................................ l2 ARTICLE 12 - ASSIGNMENT OR SUBLEASE., 12 ..................... ................ .12.1 Assignment ofLease or Subleasing ........ ................... ....,................... 13 ____ ........, 12.2 Assignment of Leasefor Security......... ...... .................... ....... .......................-.. 1.3 12.3 Assi nmem to Affiliate ..................................._......................--------........................... 13 ARTICLE 13 - LESSEE'S DUTY TO DIEFENDANDEMNIFY ......................................... ARTICLE 14 - CITY'S DUTY TO DEFENWINDEMNIFY.................................................. 14 ARTICLE15 INSURANCE ......................................... y..................................,..........._..._ .. 14 15.1 Mirrrrrxum Insurance Regmirements............................ ......... ..,......... 14 ............. ...... 15.2 Subrogation Righis Waived .... ....--- ..... ....... ....... ......... ......................................... ... 15 ARTICLE t - CONDEMNATION ..... .......................... ..,..-.......................................... ........... 15 ARTICLE 17 - ARBITRATION ...................................... ._....... .............................................. 16 IT1 Arbitration-- ...I-- ................ ...................... ,......................... e.................... 1 ARTICLE 1S - MAINTENANCE AND REPA►.IRS........................................................... 18,1 Normal Maintenance .......... ........ ........................ ,................. ---- .................... ... 17 18.2 Safety Issues.,..........................4.............................................. 17 ....... .............. __ 18.3 Cast ofRepairs ............................ . . ..................... .............................. .............. 17 ARTICLE 1 - ENVIRONMENTAL CONCERNS ......................3 ,.,., 19.1 hazard us lValerials!............................................,_.,----..,.................................. 18 19.2 Permits and R lxirtang....................................................................................... 20 ARTICLE 20 - ESTOPPEL CF.RTIFICATE........................................................................ 20 ARTICLE 21 - CONDITIONS AND +CI}VENAST........................................ ARTICLE 22 - NO WAIVER OF BREACH., ...................... .................... ......................... ....., 21 ARTICLE 23 - TIME OF THE ESSENCE ............................................... ............................ 21 ARTICLE 24 - COMPUTATION OF TIME ........................................ ARTICLE 25 - SUCCESSORS IN INTEREST....................................................................... 21 ARTICLE 26 - ENTIRE AGREEMENT ................................................................ 21 ............. ARTICLE, 27 - GOVERNING LAW..................................................................................... 22 ARTICLE 28 - PARTIAL INVALIDITY...... ...... ................... 22 . ..................... -- ..................... ARTICLE 29 - RELATIONSHIP OF PARTIES .................................... ............................ 22 ARTICLE 30 - INTERPRETATION.... ................................................. 22 - ... ......... ......... .......... ARTICLE31 CAPTIONS ............ ..... ........... ............... .............................. ...— .............. ......... ARTICLE 32 -AMENDMENT 22 .... ........................................................................ .............22 ARTICLE33 NOTICES--, .........................................................,.................................22 ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SP4'TIC .........---- ... ,......... 23 EXHIBIT A It 16 LEASE AGREEMENT THIS LEASE AGREEMENT (the ":LEASE") is made by and between the CITY OF SEWAlRD (the "CITY"), amunicipal corporation located in the Kenai Peninsula. Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and Ray Simutis and Janina Simutis (the "LESSEE"), whose mailing address is P.O. Box 1750, Seward, Alaska 99664, WHEREAS. LESSEE has indicated its desire to lease the property known as Lot 3, Block 6 Seward. Small Boat Harbor Subdivision, City cifSeward, Alaska, asshown on Plat2000-19, Seward Recording District, Third Judicial [district, State ofAlaska`, consisting ofapproximately 8,607 square feet, more or less; .and WHEREAS. EAS. 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 controlswith respect to LESSEE's operations can the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE I LEASED LAND 1.1 Descr,ptian qfLe6wedl and, The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as foIlows, Lot 3. Block 6 S"-ard Small Boat Harbor Subdivision, City of Seward, Alaska, as shown on Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 8,607 ware 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 aj- uiei Enjoyment- Warranty my erffifie. 'Subject to the encumbrances as of the date hereof, any reasonable restrictions unposed 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 of the Leased Land for the lull terra of this LEASE.. 1.3 ProperryAccepted "As -is. " LESSEE acknowledges that it has inspected the lre-asec1 Land .and .accepts the same "as -is" and without reliance can any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereon, orae-ents of CITY, as to the actual ,physical condition or characteristics thereof and the legal description or depiction of the [,eased Land in Section L I or Exhibit A hereto. 17 1.4 Permits. LESSEE, at its sale cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may frorn time to tirne, 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 priblic body responsible therefor an application for conditional use permits, zoning and re -zoning, tentative and final tract approval, or preci5e 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 of this LEA I 1 Io ever, -nothing in this Section shall be construed as requiring; CITY to support or approve any such application or pmrdt requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Snvard 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, a vrding to the Charter, ordinances, resolutions, or any regulation, rules, or pmeedures 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 Carps of Engineers (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 -war permits), the Alaska Department of Fish- and Game, and the Alaska. Department of Environmental Conservation. 1.5 Platting. If LESSEE requests a replat of the Leased .1..arnd, CITY shall assist LESSEE 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. In the event C[TY elects to replat, L ESSI aE agrees to sign the plat and any other documents necessary to complete the platting or replattinig of any area in-cluding all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be t prnired by CITY or other governmental authorities as a condition to filing the plat of the Leased L nd or the pIat ref CITY-ovvned real property adjacent to the Leased Land. 1.6 Development of Leased Land LESSEE shall cosine to operate a waterfront restaurant .and uses necessary and incidental thereto, through the term of the lease_ 1:f lS EE understands that cmstruction and operations of its vMerfrornt restaurant is a major consideration for the CITY's agreement to lease the Leaped Land to LESSEE. LESSEE shall not operate any other unrelated lousiness can the Leased Land without the consent of the MY. a) CITY may Mthhold its consent as to any proposed bu.sines;s or activity which, in CITY's sole discretion, is not desirable- or compatible with the CITY's operation of the Seward Boat Harbor. b) In acQordannce with the provisions of Article 12, no assignment or sublease shall be pemaitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of'the C.l`1'Y hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a IN business or activity that, in the CITY's sole discretion, is Undesirable and/or incompatible with the CITY's Seward Boat Harbor. ARTICLE 2 - LEASE TERM Lease 1�rrrr. The term cif this LEASE (the "Lease Term") shall be in accordance with C[TY's authorization in Resolution No. 2017- . (the "Resolution"). The Lease Terra shall mm coence on the date this LEASE is signed by CITY and that date shall be the effective date Of t13is LFASE (the "Effective Date"). The Luse Term shall run for approximately 30 years r-rorn the Effective Date, ending at midnight can September 30, 2047. ARTICLE 3 - RENTAL RATE. 3.1 Initial Remul Rate. Commencing on the Effective Date of this LEASE through June 30, 2047, the annual rental rate for the Leased Land shall be set at 20,000.0& Rent shall be payable quarterly in advance upon the Effective late ofthis Lie (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 payniera shall be arse -quarter of the annual rental rage as initially established or later adjusted under this Article 3. 32 Rental Adjustments. The annual rental payment shad be adjusted on duly 1, 2020, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted arnrival rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Farr Market Dental Value") of the Leased [and at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Landunless that use is coincidentally the highest and bast 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 before each Rental Adjustment Date. 3.3 Procedureffir Rental Adjustment To adjust the rent as of any successive RerrW Adjustment Date, CITY shall, at its awn expense, retain an independent State of Alaska certified MAI appraiser (Members Appraisal Institute), who shall detenrune the "Fair darker Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inciusive ofall improvernimts 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 detemr i.natiou of Fair Market Rental Value ofthe Leased Land shall constitute a final binding, determimiion of the 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 Dental ''value. In that case, LESSEE shall give written notice to CITY of its objection within thirty f 30) {days of receipt Of the appraiiser's report. and LESSEE shall Mien engagean independent State ofAIwkac ified MAI appraiser(Mcrnbcr.A.ppraisal Institute) 3 19 at LESSEE's expense to make an appraisal of the Fair Market Nmtal 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 LE S S'EE's .appraisal determines a Fair [Market Rental Value that varies frorn ClTY's appraisal by more than twenty ,percent (20%), them, Mess CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Lea_-sed Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE, 3,A Effect off ate Appraisal by CITY. If, for any reason, CITY does not complete the apprai-al or deliver a copy of the appraisal report to LESSEE; ninety (90) days before the Dental Adjustment Tate, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment clue date immediately Following the date CITY delivers the appraisal report to LESSEE. 15 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 expen 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 pate of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAl appraiser (Member, Appraisal Institute) at CM's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3_ if the ITY'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 he the average of the rental rates determined by the two appraisals. If'the CITY's,appraisal determines a Fair Market Rent Value that varies from LESSEE's appraisal by more than twenty percent('201/.)), then., unless CITY and LESSEE agree can a rate themselves, the adjusted annual rental rate of the Leased Land shall be detemiin+ed in accordance with the arbitration ,provisions contained in Article 19 of this LEASE. 3.6 Effective Dale of Ad ustedRental 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 nu laterthan ninety (0) clays beforethe Rental Adjustment pate. If the adjusted annual rental rate is based on CIT'Y's late appraisal or late delivery of the appraisal report to LESSEE, the aldjitsted rental rate shall be effective beginning with the quarterly rental payment due date ininediately following the date the CITY delivers the 20 appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment describer) in this Article 3 shall not postpone LESSEFs 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 of objection to the rental rate is finally resolved. At such time the abjection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established byCITY or in cases where tr1`l`'Y failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment fate. 3.7 Interim Kemal Ad usiments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment fates, the annual rental payment shall be increased beginning July 1, 2018 and on July 1 of every year thereafter (each on "Interim Dental Adjustment matte") in an amount that reflects the increase, if any, in the cost of living for the previousyear as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CP ), as published by the LJnited States Depwirnent of Labor, Bureau -of Labor Statistics for the most recent period published immediately prier to the Interim Rental Adjustment hate. in no event shall the rent be. less thann the previous vicar. If the CPI is revised or :;cases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CP'1 for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sale discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall hear interest until paid at a rate of 10.5% per annual, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of$ .50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CIT'Y leases generally. ARTICLE 4 - USE OF LEASED LAND 4A Use cisf 0a-57ed'1-and: CITY has limited land available for lease. Use ofthe Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE. may use the Leased Lard for a waterf ant restaurant. 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 prier to this LEASE or in better condition upon termination of this LEASE,. 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. 5 21 c) LESSEE shall not use the Leased. Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate a waterfront restaurant business on the Leased Lard. e) Any changes to this site require prior CITY approval, through the City Manager_ 4.3 No Prq feren ial Eights to Use Public Facilities. This LEASE dues not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY, LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such faciiiti+es as they may now exist or from tirne to time be. arneinded, and LESSEE shall not be entitled to any exclusive use,. 4A Adequac of Public Facilities. CITY makes no representations orwarranties asto the fitness of any particular part or the whale of {CITY''s public facilities for the uti s intended by LESSEE, and LESSEE has inspectedthose facilities and hassatisfted itselfthatthe facilities are sufficient for the intended rises by LESSEE. CITY snakes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4,5 Teri, ffi and 01herService Fees. CITY shall have the right to make amendments to its tariff'sl regulations, and scheduled fees from time to time, even if those a€fjustrnents shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any water burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, ifany, before such obligations become delinquent; provided that LESSEE may, in good faith and Mare such delinquency, contest any such charge or assessment. 4.7 Other Uses, This LEAST: shall not preclude the CITY from actively seeking other and additional tenants for space, including these who would be in competition with LESSEE or who might be interested in lea ing the Leased Land should this LEASE be terminated for any rein. 4.8 Use of Puhi'ic Docks and Parr Facilities_ Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's :sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with ail CITY regulations and requirements, and the tariffs of the affected utilities, with mspect to the construction of those utilities. CITY ag e to cooperate 6 22 and assist the LESSEE, through consultation and review, in LESSEE.'s planning and engineering ofthose improvements. All utilities will be located and sized in accordance to MY's Master Man for the area leased. A►]I 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 casements will normally be accepted and maintained by ary 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 prmlude several lessees from agreeing to share the cost ofconstmeting a utility to serge their facilities_ CITY or other utility company may detern ine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve Esther existing or future users. The additional direct costs ofsuch 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 of oversizing 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 of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund. rebate, or ;payments frorn CFTC}` for any refit, investment, or casts incurred by LESSEE with respect to any required permits for construction or operation ofLE.SS.EE's facilities on the Leased Land, it toeing the intent of the 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 tirne to time, execute and deliver, or join in execution and delivery of, such doc:urncnts as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this 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 ingrem or egress. or other like matters (herein called "third -party improvements"), all of which are for the purpose of the orderly developixicrtt 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 ol'this LEASE. for whatever reason. bj Any such matters of a per-ruanent. nature extending; beyond the Lease Term shall not be granted without the prior written approval of CITY, In any of the foregoing; instances referre-i to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. 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 ofany cort pensatiori to LESSEE. 7 23 53 Easements. In order to provide for the orderly development of the Leased Lard 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 Lamed Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each ether in executing and delivering such documents from time to time and ftoughout the L. se Term as rnay be appropriate, neces -, or rewired by the several goverrunental agencies (including the Cite 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 L.ESSEE's operations. The costs of Icscating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or rather eas, ments, shall be at the sole cast and expense of the party requcsting 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 SEE 6.1 Improvements on Leased Luau! LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuff i d. build, and/of replace buildings and other improverrrersts on the Leased Land, subject to the following conditions: a) The cast of any construction, reconstruction, dernolition, or of any charges, alterations., or improvements, shall be bowie and paid for by LESSEE. b) the Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based can a recent survey) for the Lewd Land prior to commencement of construction. J C .I -S"T I.: is solely responsible for resurveying and locating, improvements on the Leased Land in such niarrner not to violate bui [ding wtback requirements or ericivach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. e j Any general contractor employed by LESSEE shal I be appropriately bonded by use of performance and labor and material payment bonds in thecustomary 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 cast of the work is less than FIFTY THOUSAND DOLLARS ( 50,0DO), LESSEE shall provide CITE', if no performance and labor and material bands are provided by LESSEE, any necessar- y assurances or guarantms than the 8 24 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 peTson that is an "affiliate" of LESSEE as such terra is defined in AS 10.06.990(2) or AIaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cast of the work is equai to or exceeds I=IFTY THOUSAND DOLLARS ($50,O ), CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility for any improvements constructed or effected by LESSEE on the Leased Lurid. g) LESSEE shall �cornply with all federal, state, and Iocal statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. &2 C'r'ty Review gfConsiuction. 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 LESSEIE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of on.Mruction, 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 of these rights shall net imply any obligation to do so nor any obligation to do so in a particular way, LESSEE E 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 as I improvements according to L ESSEE's plans and specifications and shall bear all risk, responsibility, and liability for property surveying the Leased Land before.consftetion and to place all improvernentson the Lead Land without encroaching upon any land, easements, rights, -of -way. or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be reamed as are additional insured. ARTICLE 7- RETURN OF LEASED LAND/SCE CONDITIONS 7.1 Return of Leased Larne in Original Cori 11on. 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 sarne condition as at the commencement this LEASE, subject to normal, non -abusive use. The Leased Land shall be firee 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 - lF' ORCE llvlf.AJEURE In the event either LESSEE Or CITY is delayed from performance of any of its obligations under this LEASE clue to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic. fire, food, explosion, earthquakeltsunami, civil 9 25 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, ARTiIl LE 9 - LESSEE'S ACT$ 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; .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 cornply with Section 4.1 of this LEASE. 9.:3 Failure by LESSEE to observe, fulfi Il or perform any covenants, conditions, or agreements on its part to be observed or perlormcd. 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 he remedied, and stating that it is a notice cif 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 of apetition in bankruptcy by LESSEE, the adjudication ofLESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial pan of its property; or the. commencement of'any proctWing relating, to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt 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 commeacement thereof. .5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska., or any conditions of any pen -nits issued by agencies of the City ofSeward, the Kenai Peninsula Borough, the Stale of Alaska, or of the United Stag Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations ofsruch agencies* for a period ofsixt (6D) days afterwritten notice specifying such violation has been givers by the agency charged vaith the enforcement of such laws, regulations, or permits to LESSEE; provided, however, if such violation he such that it cannot be corrected wri thin the applicable period, it shalt not constitute an act of default if corrective action is nstituted 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 corn mence until such proceedings are final ly deterrnined provided such proccedings are diligently pursued; provided, however. that any such extension of time shall not he effective ifthe effect of the interim administrative or 10 26 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 mai n.tain its operations within the Leased Land or to 'keep the public rights of way clear. 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 may be given to CITE' by statute common law, or otherwise: 10.1 CITY may distrain for rent due any ofLE SEE"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 remona4ble manner. It, shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Cade (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove al l personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stared in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, a]I of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Col lest any and all rents clue or to become due fi-orn subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated 4r not, reasonable attorneys fees and all other expenses incurred by CITE` by reason of the breach or default by LESSEE; d) Recover an amount to be dine immediately on breach equal to the unpaid rent for the entire remaini rig term of this LEASE, e) Recover :all damages incurred by CITY by reason of L:E SEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including casts of necessary renovation and alteration of the premises., reasonable attorneys fees; and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITYr approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred. by CITY to remove violating .improvements. 10A If LESSEE does not immediately surrender possession of the Lead Land after termination by CITY and upon demand by CITY, CITY may forth"ith enter into and upon and repossess the Leased Land and expel L1 *SSEE without being deemed guilty in any manner of trespass and writhout 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 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 ti-iis 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 %r in this LEASE or now or hereafter existing at laver or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all otherrights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 1 U.7 No delay or ornission 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 1 I - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements- ;All improvements constructed by LESSEE or its predecessors on the Leased Land or can sements to or from the same, such as buildings, "wehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason} provided, however, that CITY may rewire LESSEE to remove any improvements designated by CITY and without cost to CITY. [1.2 Personal Propry. 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 (0) days from the termination of the LEASE, trade fixtures and oquiprnent from the Leased Land provided that LESSEE shall repair any damages to the Leased Lund caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12 28 12.1 Assignmem o ' Lease or Sublea.vi rg, Thu 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 char€scter and firian,cialcapabilily ofLESS EE.7berefore,LESSEE shall notassignorsublea this LEASE without CIT'Y's prier written consent, in C ITY's sole discretion- 112 Assignment of Luse for Security. Noturithstanding *Section 12.1 abolvc, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvement on the Leased Land, by deed of trust or other security instrument, to an institutional tender(" ender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address prrovided to CITY by Leader in writing,, %%ith notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to dog so and without thereby assuming the obligations of LESSEE under this LEASE) to mare good such default or breach within. thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LEASE-E Act of Default" shall exist until expiration of thirty (30) days alter such notice is furnished to L-nder; T voided, a} if Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Lea. i Land unless Lender fails to cure. the default or breach within a reasonable period of time thereafter; and b) if the default for which notice is given is a breach of Section'9.3, CITY shall not exercise anyof the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE.. Upon foreclosure or other assertion of its security interest, lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of'this LEASE. 123 Assignrr ew to Affiliate. Notuithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that terra is defined by AS 10.06,990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership ingest;. provided, however, that LESSE;E's full faith and credit shall remain obligated under this LEASE as though. the assignment had not taken place. ARTICLE 13 - LESSEVS DUTY TO D FET+1DANDEMl"+dIFY 13 29 LESSEE; shall defend, indemnify, arc€i hold harmless CITY, its officials, ernployees,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 LES E's sublessees, assignee:, agents, contractors, or the public, except for damages arising from the sale negligence or willful acts or € missions of CITY, its officials, employees, agents, or contractors. If any action or pro din,g ys brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - C11TV'S DUTY TO DEFENDIINDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability orclaims for damages. including personal injuries, death, and property damage arising from the sole negligCnce Or willful acts or omissions of CITY, its offieWs, employees, agents, or contractors, ARTICLE 15 - INSURANCE 1 S.1 Minimum Insurance. Requirements. Prior to commencement ofthe LeaLse Term or LES SEE'S occupancy of the Leased Land. LESSEE shall proewe 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 MULLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage. or destruction. Coverage under such policies of insurance shall include collapse and underground property damage ht ards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($ ,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability insurance "ith limits of liability cif not les,,; than ONE MILLION DOLLARS ( I,000,000) per occ.urfenc:e 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 topes of insurance provided by LESSEE shall be subject to revision at the sole discretion of a Y in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards fn the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cast of living, inflationary pressures+ and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increasied. CITY shall notify LESSEE ofAany required increase in insurance coverage. 14 30 All insurance policies shall provide for thirty (30) days' notice of cancellation andlor material clime to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies small be written by insurance companies legally authorized or licensed to do business in the State of AJasl a and acceptable to CITY (Best's Rating 1 + or better). CITY shall be listed as an additional insured udder all insurance policies. LESSEE shall furnish CITY, on Dorms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Lamed 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 rndemtity CITY for claims related to this LEASE. or the Leased Land. 15.2 Subrogation Rights Waived. veal LESSEE agrees that its policies of insurance will include a waiver of subrogation clause or endorsernent releasing CITY, its elected and appointed offieials, employees and volunteers, and others working on behalf ofCITY tom any and all liability or responsibility to LESSEE, oranyone claiming through or under LESSEE by way ofsubrogation-or othemi se, for any loss of any kind (including damage to property caused by Fire or any other casualty), even if such lass shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees orvolunteers, or others working on behalf of the CITY, This provision shall Ire applicable and in full force and effect with respect to loss or damage occun-ing 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 ofinsurance shall contain a clause orendorsement to the c#Toct 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, andothers working on 'behalf of CITY) during the time of LESSEE's occupancy or use. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Laud is condemned for a public use by any goven ntent 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 ofthe taking. Neither LL:SS F: liar 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 CITE' which includes specific damages for loss of LESSEE's leasehold interest, CITY ,shall transmit to LESSEE the arnount of such specific damages so found, if any. If part but not all of the Lessen Land is condemned for public use, LESSEE. shall snake a good 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 cor dernning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in -w ting to this effect, and this LEASE 15 31 shall then be terminated for all purposes effective fifes (l 5) days from the date LESSEE sends such 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 expirafi an 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 taping will not prevent it from ceritinuing 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 +efrectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitratron, a) Disputes betwwn the parties with respect to the performance of this LEASE that cannot be resolved by the parties, may be submitted to an independent arbitrator fora settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09A3.300 et. sue.), as it now exists or may hereafter be amended from tune to time, andjudgrnent on the award may kre entered in any Superior Court in the State of Alaska. Either party may submit to the other pane a request for arbitration and the party receiving a request shall have twenty (20) days to consent, in writing, to the use of arbitration to resolve the dispute, Failure of either party to consent will preclude the use of arbitration for that dispute, The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and co: , h) 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 hased on conduct that is a felony crime in the State of Alaska.. c) Arbitration. Many dispute or claim shall he determined by a single arbit or selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shalI be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (bb) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum often (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 of the other party, at IT* 32 least thirty (30) drys in advance of such hearing, (i) the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents. as are relevant to the issues or likely to lead to relevant infonnation. e) In deciding the claim or dispute, the arbitrator shalk folIow applicable Alaska iaw, 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 REPAIi l , l Normal Mainlenance, During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sale cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, 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, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased .Land, exclusive of improvements placed (heron by LESS F"I, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by UESSEE. or others 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 adyanu and in writing, to share such expense and risk. LESSEE. shall maintain in first class condition at all times all Lire, pollution, and ether protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may noti fy LESSEE in writing of any deficiencies in the performance of LESSEPs 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 of LES EE'soperation such that the surrounding land and part facilities are exposed to risk, unmecessary potential hazards,, or aG risk to the public interest (as distinguished from a business risk). or if CITY is not satisfied with the proposed scho,dule of repairs either because of the delays therein or the scope ofthe repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall fumish to CITY a comprehensive survey and report for the purpose of establishing bath the need and 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 shal l pay the dust of the report and perform such work in a rdance therewith at LESSEE's cost, risk, and expense. 18.3 Fort ref Repairs. Should LESSEE dispute the necessity of any maintenance work a% being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration provided, however, that pending the decision of the 17 33 arbitrator it shall fully cornply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct fi~om lbture rental payments the cant of such repairs or be reimbursed tberefor. 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 662M of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require Updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom. LESSEE shall either construct such improvements at LESSEE's own cost or reirnhurse C[TY for such work at the option of C.ITY. 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 sale cost, to conduct a baseline soils test ,prior to execution of this LEASE. b) Release o CITY. Any other provision of this LEASE to the contrary notwithstanding.. 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 casts, litigation expenses, and consultant and expert fees) arising prior to, daring, and after the terra of this LEASE, and resulting from the use. keeping, storage, or disposal of Hazudous 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 limitatiorL any and all costs incurred drae to any investigation of the Lased 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 1 ateriads 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 except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Levi Land. Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored. and 34 disposed of in a manner that complies with all Environmenta.I Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak', or emit, or pemflt to be discharged, leaked, or emitted, any material into the atmosphere, ground, giound water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, ppo l lute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Lanai or elsewhere; or (b) condition, use, or enjoyment of the Leased band or any other area or personal property. iv) LESSEE hereby agrees that it shall be filly liable for all costs and expenses related to the use, storage, and disposal of Hazardous 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) Inder nijileation cif CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and held CITY harmless frorn and against any claims, demands,, penalties, fines, judgments, liabilities., settlements, damages, costs, or expenses (including, without Iimitation, attomey, consultant and expert fees, court costs, and litigation expenses) of whatever kind or nature, knmw� 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 I lazarrdous Material which is on; or from the Leased Land, sail, water, ground eater, vegetation, buildings, personal property, persons, animals, or atlte ise, iil 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 rrached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19,1(d) steal l apply on] y if the acts giving rise to the claims, demands, penalties, finest judgements, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the terra of this LEASE; and () arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEF*s predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenams, or any other persons. The previsions of this subparagr h shall be in addition to any other obligations and liabilities LESSEE may have to C ITY at law or 19 35 equity and shall survive the transactions contemplated herein and shall Survive the termination of this LEASE. e} Operator. For all purposes, LFS EE 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 orwh ch is regulated by any, Environmental Lawn. 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. g) Environmental Law Defined. As used in this LEASE, Environmental. Laws include any and all local, state, and federal ordir antes, tatutM and regulations, as now in force or as may be amended from time to time, relating to the protection of human healtlh and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Lawns include, by way of example and not as a limitation of the generality ofthe foregoing, Alaska Statutes Title 46, the Resource Conservation and Recover y 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 GovernmentulA encrer. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies ofali such prumiu, 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 Materiel. 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 terrns of any permit or Environmental Law; or contrary to this LEASE, b) Corre-sPondence 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 ali 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 - EST01"I"EL CERTIFICATES 20 36 Either party shall at any time and frorn 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 farce and effect (or, if there has been any amendment thereof, that the same is in fill farce and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any clairned default, stating the nature and extent thereot), and stating the dates to which the rent and ether 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 specifical ly expressing or imparting coveraants and conditions were used in each separate provision. 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 conditi on of this LEASE or to exert i se any right or rernedy consequent upon a breach thereof, ,shall constitute a waiver of any such breach or of such terms, covenants, or condidons. No waiver of any breach shall affect or alter this LEASE, but each and every terra, covenant, and condition of this LEASE sbali 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 arty act provided by this LEASE is to be done by shall be compacted by excluding the first day and including the last, unless the last days is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS 1N INTEREST Each and all of the terms, venants, and conditions in this LEASE shall inure to the benefit of and shall tw, hindirtg upon the successors in interest of CITY and LESSEE. ARTICLE 2 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the n3atters 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. 21 37 ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance %Nrith the laws of the 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 I. LASE, and as they may be hereafter amended, includin& 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 rernainder 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 deeneed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the rnahod 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. leer. ARTICLE 30 - I N TE RPRETAT [ON 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 Lek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles, paragraphs, and subparaphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or 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 k)[h parties hereto. ARTICLE 33 - NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be seat 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. 22 W All notices. demands, and requcsts front LESSEE to CITY shall be -miven to CITY at the following address: City Mmager CITY OF SEWARD Pt] Box 167 Seward, Alaska 99664 All notices, demands or requests fYom CITY to LESSEE shall be given to .LESSEE at the folio%ing address-, Ray and Janina Simutis V. . Box 1750 Seward, Alaska 99664 Each party shall have the right, thorn time to lime, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND LESSEE. shall at its sole cost, risk and expense provide fire detection and protection to its operations can the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are mirdmized. 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 oftechnology in the field of fire prevention and control LESSE,E's obligations hereunder may vary dw i.ng the team of this LEASE and CITY may submit LES EE's compliance vith its obligation hemunder to arbitration not more frequently than once each five years. 23 39 IN WITNESSWHEREOF, the parties hereto have set their hands and seals the dates heroin :set forth. CITY: CITY OF SEWARD Jiro Hunt, City Manager Bate:. ATTEST: Johanna Kinney, C:C City Clerk STATE OF ALAS A j ss. THIRD JUDICIAL DISTRICT LESSEE: Rgy's Rest ant r Ray Siam ' The foregoing instrument was acknowledged before me this day of 2017, by Jim Hunt, City Manager of the City of Seward, Alaska., on behalf of the City. Notary Public in ,and for Alaska My Commission Expires: 24 iff STATE OF ALASKA } s, THIRD JUDICTAL DISTRICT � The foregoing; i rrstrurnent was acknowledged Mbre me this -&—%y off 2017, by Ray and Janina Simutis whn executed the foregoing document on behalf of for the Uses and irurpmes therein set forth. —r ,�� v -;� --� d . — Notary PubQ in and for Alaska My Commission Expires. &W , Jr � 25 41 r,r NORTH HARBOR 4 t � - O L AM s Lot 3, Block 6 L87-060 Lease Renewal Small Boat Harbor Replat N Drawn By: dglenZ ` > 0 40 80 160 Feet Due to different data sources property lines and aerial # magery do not overlay correctly. Map is to be used for Mapping Assistance by Alaska Map Company, LLC rientation and reference purposes only. 42 I i 0 I?W l"j, 00'0 6 S 605 � z ' ' � �s s SS in 'C .00 oo mid wt A s.el.zs6es ,yz 1, 16-ca 3,es.c£.eeH I wcso, Fi 10 3 £ ♦9S L 3-9H_� I ;so) x Z9Z M.ZZ �S,605 f)�t rol £ "9 9.6851 o1M7 F,Ol ml 1I h sF sc �i I- o Sp I f) I �19 .6e tt o� S)� i .os s a„u.osea I DD Sf •"�.Ho I � I I I I 3 S 650.'o8N I I I I I�i i i I G I 3 I I i oll it I_ IE 3sb iW sc He i I I t i Ii r m i I I F it 1 2 It I yI I� i i I E P l I o cF[I p I Q ui� Iwi I I i I 1 of I ,DfEt I %Cb i � I i .BOTH 3.S4,6S 08N m o i i i i 38' H I Ot f8 So 0�68N I 0 "DO 3 60.6H IR N$ b6ZSl 3.9S,tL.B@5 ,- 8 s a � � 2 s H12j0 N g�aS o gi�m i„ ' gl Z; I ac �v ocE== w ;US a - ;E_ L x'c5o o &£ab 9 94lDIW'1',' .7�t>llC�G9[$5; I .,tlil®�:.a3714�:JQ i I. .IZ-561 n Gs i a m ' i Om IS i Ic W �I m' M1 I wi 1 2 rvi In- 3 � fw 608 J CZ6QC S C5.685 @ �� [2680f 3S40S 6HM1'] �s �aa�Ax urhos �� Q IV N ;f H'9 7d1' VS '7S zoglvH''41�oN �ms ca asz msa.es.6as �'nI tdcfi _F I nai� I�w o i J Paz i j el wl I� l t f ) 7 % 1 m cJF m I } Q z P 6a E E E.n £ £ sr �� dE Eg a £ E 4 0 s 4 E $ aE W $ � Sponsored by: Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2017-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE 2017 HISTORIC PRESERVATION COMMISSION PRIORITIES WHEREAS, the Historic Preservation Commission wishes to assist the City Council with the ongoing responsibilities it holds as a Certified Local Government (CLG), which requires provision for recognition of the historically significant activities, structures and the people who helped build Seward; and WHEREAS, it is the responsibility of the Historic Preservation Commission to assist with the continuing education of citizens regarding local historic preservation and community history; and WHEREAS, it is also the responsibility of the Historic Preservation Commission to assist with the preservation of Seward's local history; and WHEREAS, the Commission has continuously received Certified Local Government grants for historic preservation activities; and WHEREAS, the Commission provides recognition each year to an outstanding contributor to Seward's history by awarding the annual Historic Preservation Award; and WHEREAS, the Commission continues to revise the Historic Preservation Plan; and WHEREAS, in order for the Commission to continue to provide this level of service to the community and assistance to the Council, a long range plan for activities is necessary; and WHEREAS, the City Council and the Historic Preservation Commission met to discuss and revise the Historic Preservation Commission Priority List at the March 26, 2017 joint work session; and WHEREAS, on May 17, 2017 the Historic Preservation Commission passed Resolution 2017-002, their 2017 Priorities List; and WHEREAS, the Historic Preservation Commission recommends the City Council adopt the 2017 Priorities List. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: CITY OF SEWARD, ALASKA RESOLUTION 2017-037 Section 1. The following List of Priorities is hereby adopted. Public Outreach • Coordination with Planning and Zoning- At least once a year, the Historic Preservation Commission would like to meet with and coordinate activities and/or projects with the Planning and Zoning Commission (1) • Historic Preservation Web Presence - Continual updating and work on website to reflect Seward's Historical Resources (2) • National Historic Preservation Month- Continue to participate and plan celebrations for the recognition of H.P. Month. The scope of the activities will vary from year to year (1) a. The month of May is Historic Preservation Month • Seward Annual Historic Preservation Award (1) a. The Historic Preservation award may be given in May b. Announce to the public the nominations the commission believes deserve to be a recipient of the award. Nominations should be received by April. c. Update City plaque as appropriate in timely manner (1). • Local Historic Plants and Tree (2) a. Inventory of Local Historic Plants and Trees b. Request Nominations from the Public. • The First Friday Fireside Historical Lecture Series- (2) a. Bi-yearly work session to brainstorm program ideas • Cemetery Information Project (2) a. Update Cemetery/Obituary Information on Seward Historic Preservation website and Past Perfect Database in collaboration with Resurrection Bay Historical Society. Historic Structures & Sites (1) • Continue to update the Seward Inventory of Historic Sites • Continue to nominate structures, site's and vessels to Seward Local Register • Monitor the Historical Jesse Lee Home Project • The Commission continues to support Historical Hoben Park's restoration and is willing to assist with planting the planters. • Participate in city administration and community dialog concerning the preservation of the Historical Site — Fort Raymond Historic Preservation Plan • Seward Historic Preservation Plan- M a. Promote economic incentives; historical preservation and education; enhance M CITY OF SEWARD, ALASKA RESOLUTION 2017-037 understanding of economic heritage tourism. b. Promote historic solutions as enumerated in the 2017 Historic Preservation Plan. Other Commission Tasks • *Establish and maintain a basic working inventory of cultural resources in the local area, compatible with the Alaska Heritage Resources Survey and annually provide new data to the Offices of History and Archaeology. (t) • *Survey and inventory community historic architectural and archaeological resources within the community. (t) • Set priorities for CLG grant applications. a. Schedule annual work session to discuss future grant applications * Required by City Code (1) = HIGH PRIORITY (2) = ONGOING Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of June, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, MMC City Clerk (City Seal) Council Agenda Statement Meeting Date: June 26, 2017 To: City Council Through: Jim Hunt, City Manager From: Historic Preservation Commission Agenda Item: A Resolution of the City Council of the City of Seward, Alaska, Adopting the 2017 Historic Preservation Commission Priorities. BACKGROUND & JUSTIFICATION: Historic Preservation Commission (HPQ meets annually with the City Council in a Joint Work Session to review and update their Priorities. During a joint work session on March 26, 2017, the Commission and Council reviewed and updated the Historic Preservation Commission Priorities. At the May 17, 2017 meeting, Historic Preservation Commission approved Resolution 2017-002 recommending Council adoption of the 2017 Historic Preservation Commission Priorities. INTENT: Adopt the 2017 Historic Preservation Priorities List CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan 3.9.1.2 Encourage the recognition, rehabilitation 1. and preservation of, prehistoric and historic sites, transportation routes, x trails, buildings, and artifacts. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-11 x History and Sense of Community pg. 13 3. Other (list): FISCAL NOTE: The City will have no costs associated with the approval of the Historic Preservation Priorities List. Approved by Finance Department: J64zz�:. ATTORNEY REVIEW: Yes No N/A X RECOMMENDATION: Approve Resolution 2017-037, Adopting the 2017 Historic Preservation Commission Priorities. Sponsored by: Seward Historic Preservation Commission CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2017-002 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA, REQUESTING COUNCIL ADOPT THE 2017 COMMISSION PRIORITIES. WHEREAS, the Seward Historic Preservation Commission wishes to assist the City Council with the ongoing responsibilities it holds as a Certified Local Government (CLG), which requires provision for recognition of the historically significant activities, structures and the people who helped build Seward; and WHEREAS, it is the responsibility of the Seward Historic Preservation Commission to assist with the continuing education of citizens regarding local historic preservation and community history; and WHEREAS, it is also the responsibility of the Seward Historic Preservation Commission to assist with the preservation of Seward's local history; and WHEREAS, the Commission has continuously received Certified Local Government grants for historic preservation activities; and WHEREAS, the Commission provides recognition each year to an outstanding contributor to Seward's history by awarding the annual Seward Historic Preservation Award; and WHEREAS, in order for the Commission to continue to provide this level of service to the community and assistance to the Council, a long range plan for activities is necessary; and WHEREAS, the Council and the Seward Historic Preservation Commission met to discuss and revise the 2017 Priority List at the March 6, 2017 joint work session; and WHEREAS, the revised Priority List is attached for approval; and NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation Commission that: Section 1. The 2017 Priorities for the Seward Historic Preservation Commission is hereby recommended to the City Council for approval. Section 2. This resolution shall take effect immediately upon enactment. PASSED AND APPROVED by the Seward Historic Preservation Commission of the City of Seward, Alaska, this 17`h day of May 2017. EM SEWARD HISTORIC PRESERVATION COMMISSION RESOLUTION 2017-002 THE CITY OF SEWARD, ALASKA Linda Lasota, Chair AYES: Lasota, Kurtz, Erickson, French, Hepworth, Woelkers NOES: None ABSENT: None ABSTAIN: None ATTEST: None J hanna Kinn ity Clerk (City Seal) 1 1 1 m City of Seward, Alaska City Council Minutes June 12, 2017 Volume 40, Page CALL TO ORDER The June 12, 2017 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Deborah Altermatt comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Will Earnhart, City Attorney Absent — Squires, Slater Ristine Casagranda Sue McClure CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil requested Resolutions 2017-032, 033, and 035 be placed on the consent agenda. Keil added scheduling a work session on housing to the agenda under Other New Business Items. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of May 22, 2017 Regular City Council Meeting Minutes and the May 30, 2017 Special City Council Meeting Minutes. Non -Objection to the Premises Change for Liquor License for Taco Dan's LLC d/b/a Gulf of Alaska Food Court #4915. 50 City of Seward, Alaska City Council Minutes June 12, 2017 Volume 40, Page Resolution 2017-032, Accepting The 2017 Volunteer Fire Assistance Grant (VFA) In The Amount Of $6,367.46 And Authorizing The Matching Funds Of $2,000.00 And Appropriating Funds. Resolution 2017-033, Authorizing The City Manager To Approve Ferrara Fire Apparatus Inc. To Present Training On Operations And Maintenance Of Our 2001 Ferrara Igniter Quint And Hire UL Services For Annual Ladder Inspection/Testing For An Amount Of $10,215.00 From The Motor Pool Fund, And Appropriating Funds. Resolution 2017-035, Authorizing Replacement Of The Roof Of The Seward Animal Shelter, In An Amount Not To Exceed $6,851.00, And Appropriating Funds. Appointing Tanguy Libbrecht to the Seward Historic Preservation Commission with a term expiring in May, 2020. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Seward Parks and Recreation Adelmann Appreciation Award to Eli Davis, Tia Miranda, and Sullivan Hauze. Recognizing Spring Creek Correctional Center's Employee of the Year, Deb Barmer. Borough Assembly Report. Kenn Carpenter said the Assembly passed their budget on June 6, 2017. They budgeted $49 million for the school district. They failed two proposals on personal and property tax as well as a non -prepared food tax. They also made cuts to some non - departmental budgets, as well as cut one million dollars from the HVAC/fire alarm project for the borough's administrative building to help put toward the school budget and other areas. City Manager Report. Jim Hunt said no purchase orders between $10,000 and $50,000 were authorized by him since last council meeting. He noted Knik Construction had signed the contract that council was considering tonight. He listed the many race events coming to Seward in the next few months. Assistant City Manager Ron Long said the city was preparing for the possibility of the state failing to pull together a budget at the end of this month, and what it could mean for the city. The most potentially impacted areas would be the operation of the jail and the AVTEC gym. Altermatt asked about some of the unregistered nightly lodging research being conducted. After tonight's work session on housing, she hoped staff could also be researching the zoning of these rentals to ensure they were in the right zones. Bardarson thanked Public Works for being proactive for getting equipment ready for the winter season. McClure thanked Public Works for the condition of Lowell Point Road. McClure also thanked Parks and Recreation for their quick response to her question regarding the repair of the 51 City of Seward, Alaska City Council Minutes June 12, 2017 Volume 40, Page lagoon boardwalk. City Attorney Report. Will Earnhart was not present and would be reporting at the next meeting. Other Reports, Announcements and Presentations — None PUBLIC HEARINGS — None UNFINISHED BUSINESS — None NEW BUSINESS Resolution 2017-034, Authorizing The City Manager To Enter Into A Contract With Knik Construction For Additional Road Improvements And Paving Utilizing The 2017 Road Bonds To Finance The Planning, Design And Construction Of The Road Improvement Projects In The Amount Of $3,000,000, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2017-034 Public Works Director Doug Schoessler said this was the final financial installment for the community paving project. He noted the city portion of the paving project contract would continue regardless of a government shutdown. Knik Construction was looking to get the whole project done this year. Motion Passed Is Unanimous VA Other New Business Items —None INFORMATIONAL ITEMS AND REPORTS On going City Project and Goal List. Letter to the National Park System regarding deferred maintenance needs in America's National Park System. (Bardarson) Letter to United States Army Corps of Engineers in support ofLowell Canyon Tunnel Operation and Maintenance Authority. (Bardarson) City Clerk Procedural Memo on the Consent Agenda and Unanimous Consent. COUNCIL COMMENTS Casagranda said the community garden organized by citizens was in full swing at the University of Alaska Fairbanks' KM Rae Building and encouraged the community to check it out. 52 City of Seward, Alaska City Council Minutes June 12, 2017 Volume 40, Page McClure was happy to see a new roof for the animal shelter. She encouraged the public to come to the annual Solstice Cemetery Tour on June 21, 2017. Keil thanked Tanguy Libbrecht for volunteering for the Seward Historic Preservation Commission. She also thanked everyone who attended the housing work session tonight and for their participation. Bardarson thanked the citizens for coming to the housing work session as well. She also thanked Construction Machinery Magazine, who featured Resurrection Bay and the breakwater project at SMIC in their latest issue. CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Hunt congratulated Soldotna's Allie Ostrander for her recent win at this year's NCAA Track and Field Championships. Hunt stated he had received many compliments and thanks for the condition of the waterfront campgrounds. ADJOURNMENT The meeting was adjourned at 7:37 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk 4alk". x Mayor (City Seal) 53 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 a Tall -free within the Borough: 1-800-478-4441 PHONE: (907) 714-2150 • FAX: (907) 714-2377 www.mayor@kpb.us MIKE NAVARRE BOROUGH MAYOR May 9, 2017 The Honorable MayorJean Bardarson PO Box 167 410 Adams St. Seward, AK 99664 Dear Mayor Bardarson: Ms. Cindy Ecklund has represented the City of Seward on the Kenai Peninsula Borough Planning Commission since July, 2014. Ms. Ecklund's term expires on July 31, 2017. in accordance with AS 29.40.020, appointments to the Kenai Peninsula Borough Planning Commission are made by the Borough Mayor. Commission members from a home rule or first class city shall be selected by the Borough Mayor from a list of recommendations made by the City Council. I would appreciate a list of recommended candidates, which may include Ms. Ecklund to fill the vacancy for this position. Candidates must be qualified voters of the Kenai Peninsula Borough who reside within the City of Seward. It would be most helpful if I could receive your council approved suggestions by July 3, 2017. Assembly confirmation of appointments to the Kenai Peninsula Borough Planning Commission are tentatively scheduled for July 18, 2017 assembly meeting. Thank you for your time and attention with this request. I look forward to receiving your list of candidates for this service. Sincerely, h' Mike Navarre Mayor cc: Planning Commission Chair KPB Planning Department Seward City Clerk — via email 54 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF VACANCY The Seward City Council is seeking citizens interested in filling the Seward seat on the Borough Planning Commission. Interested parties may submit a letter of interest to the city clerk by 5:00 p.m. on Monday, June 19, 2017. At their regular meeting on June 26, 2017 beginning at 7:00 p.m., the Seward City Council will select applicants to recommend to the Kenai Peninsula Borough Mayor. Candidates must be qualified voters of the borough, who reside within the City of Seward. POSTED: Seward Phoenix Log on Thursday, May 25 and June 1 & 8, 2017. City Hall Bulletin Board U.S. Post Office Harbormaster's Office 0 Johanna Kinney From: Brenda Ballou Sent: Thursday, June 15, 2017 1:41 PM To: Johanna Kinney Subject: FW: KPB Planning Commission -----Original Message ----- From: Cindy Ecklund [mailto:ecklundc@gmail.com] Sent: Thursday, June 15, 2017 11:54 AM To: Brenda Ballou Subject: KPB Planning Commission Hi Brenda, I would be honored to serve another term on the KPB Planning Commission . Thank you, Cindy L. Ecklund B EG I N-ANTISPAM-VOTING-LINKS NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Teach Canit if this mail (ID 01Tx7S4gk) is spam: Spam: http://canit.cityofseward.net:8080/canit/b.php?i=0lTx7S4gk&m=39ac3c3e6552&c=s Fraud/Phish: http://canit.cityofseward.net:8080/canit/b.php?i=0lTx7S4gk&m=39ac3c3e6552&c=p Not Spam: http://canit.cityofseward.net:8080/canit/b.php?i=0lTx7S4gk&m=39ac3c3e6552&c=n Forget vote: http://canit.cityofseward.net:8080/canit/b.php?i=0lTx7S4gk&m=39ac3c3e6552&c=f EN D-ANTISPAM-VOTING-LINKS 56 AGENDA STATEMENT Meeting Date: June 26, 2017 From: Johanna Kinney, City Clerk Agenda Item: Transfer of liquor license of Chinooks Waterfront from Aqua Pesca to Fam Alaska Inc. and to the application for a Restaurant Designation Permit Endorsement for the Liquor License for Chinooks Waterfront 44617 BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the following applications of Liquor License #4617 for Chinooks Waterfront: • Transfer of Liquor License from Aqua Pesca to Fam Alaska Inc. • Application for a Restaurant Designation Permit Endorsement The City of Seward Police Department, Fire Department, Utilities Department have no objections to the liquor license transfer and endorsement for this business. At their meeting on June 20, 2017, the Kenai Peninsula Borough Assembly removed their objection to the transfer of license due to unpaid taxes from the agenda due to Chapter 7 bankruptcy. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license applications, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the transfer of liquor license from Aqua Pesca to Fam Alaska, Inc. and the application for a Restaurant Designation Permit Endorsement for Chinooks Waterfront, 44617. 57 MEMORANDUM Date: May 25, 2017 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance for a Restaurant Designation Permit Endorsement for the Liquor License for Chinooks Waterfront #4617 The following business has applied for a new endorsement on an existing liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Licensee: Type of License: License Number: Physical Address: Chinooks Waterfront Fam Alaska Inc. Beverage Dispensary 4617 1404 Fourth Avenue Department SSjtatus�I�nitialsy, Finance/Leases Finance/Utilities Police Chief Fire Chief Q /940 2 war- Zv/3- *A Restaurant Designation Permit is an endorsement to the establishment that designates the establishment as a bona fide restaurant for the purpose of employing 16-20 year olds, allowing 16-20 year olds to enter the premises for the purpose of dining only. W Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 Phone: 9U /.169.U35U Alaska Aicoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application What is this form? A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304,715 - 3 AAC 304.795 as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010{cl or AS O416.049 Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 3 AAC 304 305, 3 AAC 304.725, and 3 AAC 304.745, as applicable, are met. A detailed floor plan of the proposed designated and undesignated areas of the licensed business and a menu or expected menu listing the meals to be offered to patrons must accompany this form. Applicants should review AS O4,16.049 - AS O4.16.052 and 3 AAC 304J15 - 3 AAC 304.795. All fields of this form must be completed. The required $50 permit fee may be made by credit card, check, or money order. Section 1 - Establishment Information Fntpr infnrmatinn for lirpncprl actahlishmpnt Licensee: Z -/L C License Type:/, l 9A )I License Number: / Doing Business As: Premises Address: State: /K ZIP: L City: Contact Name: �/ Contact Phone: _ /U,Y Section 2 - Type of designation Requested This application is for the request of designation as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049, and for the request of the following designation(s) (check all that apply): Dining after standard closing hours: AS O4.16.010(c) � ODining by persons 16 - 20 years of age: AS O4.16.049(a)(2) Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS f:4-110(a)'(3) FEmployment for persons 16 or 17 years of age: AS O4.16.049(c) NOTE: Under AS O4.16.049(d), this permit is not required to employ a person 18 - 20 years of age. [Form AB-031 (rev 10/10/2016) Page 1 of 5 59 �p"pytlaw' dr'41VorALI � Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 Phone. 9U 1.10-0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Section 3 - Additional Information tter all hours that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate am/pm: Yes No Are any forms of entertainment offered or available within the licensed business or on the proposed designated portions of the premises? El 1Z If "Yes', describe the entertainment offered or available: Food and beverage service offered or anticipated is: 9 table service F-1 buffet service counter service If "other", describe the manner of food and beverage service offered or anticipated: i 1tf f1Mi1L tir'� , ANA Yes No Is an owner, manager, or assistant manager 21 years of age or older always present on the premises during �Q business hours? 1Z Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the third page of this form. Yes No I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the third page of this form that meet the requirements of this form. [Form AB-031 (rev 10/10/2016) Page 2 of 5 60 Anchorage, AK 99501 f Alaska Alcoholic Beverage Control Board Phone: 907.269.0350 �'�>Fo.► Form AB-03: Restaurant Designation Permit Application Section 4 - Detailed Floor Plan Provide a detailed floor plan that meets the requirements listed in Form AB-01 and clearly indicates the proposed designated and undesignated areas of the licensed business for purposes of this permit application. this form. [Farm AS-0jq (rev 06/24/2016) Page 2 of 2 fo " #j O U 61 3-NU YV / MVw IY61 "LC .- Anchorage. AK 99501 - s Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Section 4 - Detailed Floor Man Provide a detailed Floor plan that meets the requirements listed in Form AB-01 and clearly indicates the proposed designated and undesignated areas of the licensed business for purposes of this permit application. rO( 14A MCC,Irl 12- aZ7�,A (Form AB-0 (rev 06/24/2016) w,�4 b�ar- F � door 0 v C G C Z-►�,�,�I Page 2 of 2 62 Alcohol and Marijuana Control Office `�,►a. 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 r Phone. 901.269.0350 Alaska Alcoholic Beverage Control Board ''•�eorn.a'� Form AB-03: Restaurant Designation Permit Application Section 5 - Certifications and Approvals Read each line below, and then sign your initials in the box to the right of each statement: Initials I have included with this form a detailed floor plan of the proposed designated and undesignated areas of the licensed business for purposes of this application. I understand that this diagram is different than my licensed premises diagram. I have included with this form a menu, or an expected menu, listing the meals to be offered to patrons. N I certify that the license for which I am requesting designation is either a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license. �`� f{✓ I declare under penalty of perjury that this form, including all attachments and accompanying schedules and statements, is true, correct, and complete. J gnature of licensee Si a ure No ry Public 1y-1<1 Notary Public in and for the State ofi Z Printed name of licensee // My commission expires: ®4 411,- "' Austin Jolley Notary Pubiie ' Mohave County, Arizona ubscribed and sworn to before me this 7 day of 20 14 y Comm. Explres 4-14-2020 Local Government Review (to be completed by an appropriate local government official): Approved Disapproved 17 Signature of local government official Date Printed name of local government official Title [Form A13-03] (rev 10/10/2016) Page 4 of S 63 Alcohol and Marijuana Control Office br►n A w. 550 w 7`� Avenue, Suite 1600 { Anchorage, AK 99501 li% ' Phone: 9(}7.269.03S0 Alaska ,Alcoholic Beverage Control Board °r•► e.�,�r Form AB-03: Restaurant Designation Permit Application AMCO Enforcement Review: Signature of AMCO Enforcement Supervisor Enforcement Recommendations: Printed name of AMCO Enforcement Supervisor AMCO Director Review: Approved Disapproved Signature of AMCO Director Date Limitations: [Form A"31 (rev 10/1012016) Printed name of AMCO Director Page 5 of 5 E WOki" LIKE A CAPTAIN PLAY LIKE A PIRATE SEWARD ALASKA SMALL BOAT HARBOR 907-224-2207 Home Brunch Lunch Dinner Drinks Eater's Btog About Chinooks Contact Dinner Menu Startcr,; S.Ikldti t111d SOLIDS SWEET AND SPICY CALAMARI SOUP OF THE DAY alaskaO iaaamaii. lightly Uieodecl -,vilh Marla fresh daily -Please ask your server CUC n+ntier relish and crushed pPdrtn[S SS clip / powl $16 HALIBUT SALAD BUTTERMILK FRIED CHICKEN mixed greens. saurced mushrooms, twsted wriky [hipotle Sdike, g01g0n70la yuinoa. toasted aimonda Parmesan herb ,rumbles. gorgonzola dressing vrnagrette S14 St2 CHINOOKS POUTINE GRILLED BEEF CHOP SALAD french fries.cheese curds. peppercorn Mired greens, marinated Plank %leak. gravy gargonzola dressing. fingerling S8 potatoes, tomatoes and crispy onions S18 Add Duck confit SS DUCK COMFIT SALAD (GF) DUCK FAT FINGERLING POTATOES (GF) du[ k comfit, warm sherry wnagretle, fingerling potatoes pan seared in duck roasted beets. queso fresco, kale and fat. rosemary anal i brussel sprouts. perdm, dried S' cranberries 521 ALASKQN HALIBUT CHEEKS b,own tnttrer basil sauce. toasted pine HOUSE SALAD mitt. fkarmPsan. Crispy kale FrPsh mixf-fl gowns, tomataPs, S16 cucumbers, cranberries, croutons and HOUSE SMOKED SABLEFISH DIP choice of our homemade dressings (limelcilantro vinaigrette. with artichokes and served with house bread gorc}onrota. lemon feta vrnagrette or $I� herb vrnargrettel LAMB BURG-INIS 56/11 1 lamb Sliders with rosemary aioli, caramelized onions, and smoked mozzarella i rj,PF F t r 4 C s i I till j $16 i SAC: i Sd SWEET POT4 [ Q''Y1�r �r X Sa IIdxvidIt-, REUBEN ROYAL (VEGETARIAN) mushrooms eQgplam with pastrami spire. co amelr, ed onions, melts swiss_ Ihausand Wand +,.h dressing. on Rye bread 514 JUAREZ BURGER grilled scallions. Idlapenos. pickled unions, pepperyack cheese. citrus crerna S15 CHEESE BURGER waur ChWe or cheddar. pepmr lack or aorgonmip S14 BASIC BURGER +eetuee, tomato, —.n, rriayo 513 CHINOOKS BURGER Caramelized onons, bacon, parmesan Crisp d spiced ketchup 51 t, HALIBUT BLT Pan roasted halibut, haws), lelluce. tomatoes. and red onion jam 518 PORM CARNITAS .aband Ulack bean fn+ree. time-cilantio slasv, pickled onions, smoky sauce 514 Daily Specials Here s an exaMple of what we do for specials We'll be posting new sptx ials on here so Check pack soon! FRENCH FRIES S4 PAN ROASTED HALIBUT Si5 HOUSE SMOKED SCALLOPS S12 KING CRAB FULL POUND $37 KING CRAB 1.5 POUNDS S4i l`litrecs CHICKEN CORDON BLEV chicken breast stuffed with prosciutto and swiss, blue cheese bechamel sauce parmesart nsonn. broccotwn 523 PECAN CRUSTED COD green curry cocunut sauce. sweet potato puree, seasonal vegetables $23 STEAMED ALASKAN KING CRAB (CF) Servesi wilt) seasonal vegetables and brown nce S45 1 pound / $ 5 8 15 pounds FILET MIGNON (GF) Sol ttilbe Cheese larragon butter port deml glaceo6e oil poarhed vdmaru fmgerbng potatoes, woctoism, $45 PISTACHIO DILL CRUSTED HALIBUT (GF) So; pan sealers. broccounn %now crab tocito, oalsalmi[ reiluctlon 536 FISH & CHIPS Ate and herb battered fish. rionlemade tartar sauce $25 Halibut VEGETABLE MAC & CHEESE Monterey lack, cheddar. inushroam,, onions. Spinach, Season@ vegetables 517 SMOKED SCALLOP MAC & CHEESE House -smoked scallops will) monterey lack, cheddar, mushrooms. onions. spinach and pancena 524 Home Menu Drinks Eater's Bloo About Contact A aWle created by aren&w Rvan Design. 67 MEMORANDUM Date: May 25, 2017 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk �J�D RE: Verifying Compliance For The Application Of Transfer Of Liquor License The following business has applied for a transfer of a liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Chinooks Waterfront Type of License: Beverage Dispensary License Number: 4617 Previous Owner: Aqua Pesca New Owner: Fam Alaska Inc. Department Status Initials Finance/Leases Q61 �Y)641 4n fro 51 Finance/Utilities a !Be— 5` z.3— N. Police Chief oK Fire Chief F S iF-�'�d'' THE STATE "ALASKA litV I.ItN01, 1,ILL `VALkI A May 25, 2017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@cityofseward.net 'kinne cit ofseward.net Cc: aoanne borough. kenai.ak.us iblankenshi boron h.kenai,ak.us krinp@boroueh.kenai.ak.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 west 7" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Beverage Dispensary License Number: 1 4617 Licensee: Fam Alaska Inc. Doing Business As: Chinook Waterfront ❑ New Application LEI Transfer of Ownership Application Cl Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4,11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS O4.11.491 — AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11,420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Jedediah Smith, Local Government Specialist amco.localpovernmentonly2alaska,gov 69 Z What is this form? Alcohol and Marijuana Control Office 550 W 7e6 Avenue, Suite 1600 Anchorage„ AK 99S01 Phone:907.269,0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4,11.260, AS O4.11.280, AS O4.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's main office, along with all other required forms and documents, before any license application will be considered complete. Section 1 - Transferor Information Enter information for the current licensee and licensed establishment - Licensee: A 1, License #: - Statutory Reference: License Type: JL Doing Business As: Premises Address - City: ell State: LIP: Local Governing Body: rA Transfer Type; 11 Regular transfer Transfer with security interest Involuntary retransfer MARIJU0.4k '+ -All rsr a, A,,.r, % OFFICE USE ONLY Complete Date: Transaction k: .2,--I ( o ! L(J Board Meeting Date: ixense Years: 2016-17 Issue Coate: SRE: Shilo [Form AB-011 (rev 10/10/2016) Page I of 7 70 Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Ce4►, Anchorage, AK 99501 . 1 Phone.907.269.0350 f`1 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 2 - Transferee Information Enter information for the new applicant and/or location seeking to be licensed. Licensee: Doing Business As: Premises Address: q o if (_I Trr City: l L r State: y ZIP: / Community Council: iry t Mailing Address: ,6 7 YL City: l' State:ZIP: C A J W I li�_ /__ Z_ �e Designated Licensee: .� Contact Phone: P . _ c _ �, �, Business Phone: �, 2 eV 9/ Contact Email: + !n/ Yes No Seasonal License? ® E If "Yes", write your six-month operating period: Section 3 - Premises Information Premises to be licensed is: L& an existing facility 17 a new building a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package ors' a ap Cants only: What Is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in your answer. What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? Include the unit of measurement in vour answer. (Form AB-011 (rev 10/10/2016) Page 2 of 7 71 Alcohol and Marijuana Control Office 550 W 7t' Avenue, Suite 1600 Anchorage, Alt g9501 Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 4 - Sole proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section 5. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: ® applicant F affiliate Name: Address; City: State: ZIP: This individual is an: F applicant F affiliate Name: Address: City: State: FIP: Section 5 Entity Ownership Information This section must be completed by any entity, including a corporation, limited liability company (LI-Q, partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretory, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each genera! partner. Entity Official: Title(s): px"/� Phone: % Owned:Address: j 3 City: e, State: f` ZIP: [FormAB-01] (rev 10/10/2016) l Pagg3of7 ALCL)HOL MAittJUANAI�uf lTfi l CIF. CI ' 72 Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: ,r Title(s): Tf _ Phone: v `%- �I:L % Owned: Address: City: u State: ZIP: t fiU Entity Official: Phone: , % Owned: Title(s): Address: State: ZIP. City: Entity Official: Title(s): Phone: % Owned: Address: City: I State: ZIP: This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of Alaska. DOC Entity W ��i -7 AK Formed Date; .� Home Registered Agent: _ fir' _ f 4 `.. Agent's Phone: - U _ C _ 03 3 - Agent's Mailing Address: 4�� City: State: ZIP: [ Residency of Agent: A Yes No Is your corporation or LLC's registered agent an individual resident of the state of Alaska? [Form AM11(rev 10/10/2016) Page4of7 I kLCO"OL MAArji,n'-- �E rJ� r\l tom_ 73 Alcohol and Marijuana Control Office 550 W 7'R Avenue, Suite 1600 Anchorage, AK 99501 Phone: 907.269.0350 iAlaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 6 - other Licenses Ownership and financial Interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which Section 7 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? VN I4 "Vac" Ai.,I— Nka .— -4 —4 ♦L.e 4 1,;,-,..ak.._:_..a:...... I 41COHOl. k (Form AB-01) (rev 10/10/20161 Page 5 of 7 74 Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, fof the controlling interest of the current licensee to be represented. I declare under penalty of penury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. r �W ature of transferor Printed name of transferor Subscribed and sworn to before me this day of �t'h4.�,+ y 20 11 A11q`gfly Upham Signature of Notary Public '�lC,nr,• PttGfFc iiAOhavg CRourtty, Arlxone my comm. Notary Public in and for the State of x t IC.'%ICN ` My commission expires:. -2 f 2f A ! Z(,% Signature of transferor Printed name of transferor Subscribed and sworn to before me this day of 20 [Form A"I] (rev 10/10/2016) Notary Public in and for the State of Signature of Notary Public My commission expires'. Page 6of7 ALt tiMUl MAHUk1AMA l.(Il�TRLK OFFICE ST TE Of ill►IS+IA 75 Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 - Transferee Certifications Phone: 90 /.269.0350 Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS 04 11.260) and affiliates have been listed on this application. r- certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds 1 for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. As an applicant for a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. r MO`ture 6f transfOrree 11 _ � C?,c•'-� �� f.t.�c�"�• �71% Printed name r• � Subscribed and sworn to before me this 1 day of b1 1, L -C "I 20--U, Art" LWon Signature of Notary Public Notary Public Moruays County. /4r6=A My Comm. 02-20 Notary Public in and for the State of `% 170 n';\ ! My commission expires: L ! ;?C ( / [Form AB-01] (rev 10/10/2016) Page 7 of 7 76 S'�►r4�xw�. What is this forth? Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 htt )S �* w cOmnit trP 41,1401 KnV1W0b,1,-rrn1-0 Phone: 907.269.0350 A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS O4.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form is not required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO"s main office before any license application will be considered complete, Yes No I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second ❑ page of this form. Section 1 - Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: k License Number: ` r License Type: Doing Business As: hL 4 Premises Address: City: state: It ZIP: iForm AB-021 (rev 06/24/2016) age 1 cif 2 77 w ray o� a✓• Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 htia, 1'1*wdV a n,I,, 1, il.r.�a.gpIV 6VI,I F, Phone: 907.169.0350 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Section 2 -- Detailed Premises Diagram Clearly indicate the boundaries of the premises and the ,proposed licensed area within that property. Clearly indicate the interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and outline in red the perimeter of the areas designated for alcohol storage, service, consumption, and manufacturing. Include dimensions, cross - streets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meet the requirements of this form. M�.iN F Ioor m Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board s'Tcr.. Form AS-02: Premises Diagram Section 2 - Detailed Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and outline in red the perimeter of the areas designated for alcohol storage, service, consumption, and manufacturing. include dimensions, cross - streets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meet the requirements of this form. 79 i Go gie feet i 500 meters sj 100 4LCOthfUL dNriAfitsAm LDIOTHj I L WiLi 'FOF LAqX4 A a 1. The marijuana establishment shall conduct their operation consistent with the site plan submitted to the Kenai Peninsula Borough. 2. There shall be no parking in borough rights -of -way generated by the marijuana establishment. 3. The marijuana establishment shall remain current in all Kenai Peninsula Borough tax obligations consistent with KPB 7.30.020(A). (Referred to Finance Committee) b. WITHDRAWN FROM AGENDA Request for Formal Assembly Objection to the Liquor License Transfer of Ownership Due to Unpaid Taxes; Aqua Pesca, LLC dba Chinooks Waterfront (Referred to Finance Committee) [Clerk's Note: Assembly removed objection from the agenda due to Chapter 7 bankruptcy.] *c. Confirming Appointments to the Eastern Peninsula Highway Emergency Service Area Board (Mayor) ................................ LAYDOWN Applicant Seat Term Expires Michelle Stewart A October 2018 Russel Stewart, Jr. B October 2019 Sean Carrington C October 2019 James Hunt D October 2020 Curt Jacobsen E October 2020 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. July 18, 2017 Regular Assembly Meeting 6:00 PM Borough Assembly Chambers, Soldotna, Alaska R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on July 18, 2017, at 6:00 P.M. in the Assembly Chambers, Soldotna, Alaska. June 20, 2017 01 Page 4 of 5 MEMORANDUM TO: City Council FROM: Johanna Kinney, City Clerk DATE: May 22, 2017 RE: City projects and goals - REVISED The following list of City Council projects and goals was reviewed and discussed at the March 20, 2017 City Council Work Session, and revised as follows: 1. New ADA accessible parking location on west side of City Hall 1— construction underway as of 612017 2. Set location for Satellite Fire Station and Public Works Building 4. Discussion on Air Force Rec Camp Site 4 & Ha -b 6. Saltwater Heat Pump Project 7. Energy Efficiency of City Hall 8. Ground Transportation for Ambulance Services 9. Animal Shelter Improvements 4 — councilpassed a resolution 217312017 10. City Hall Elevator 4 — council passed a resolution 612412017 11. Research elected/appointed official tele-conferencing possibilities for meetings s 12. Refine Exeentiye Session Pr-o .,.a....es s _ work session held on May 8, 2017, Clerk prepared memo in May 22, 2017packet 13. Update the KPB Tsunami Warning message to include specific reference to the local radio station (91.7/106.1) 14. Incentivize family entertainment -type businesses to come to Seward 4 15. Affordable Housing (including Summer Worker Housing) 1 — work sessions held May 22, 2017, June 12, 2017 16. Develop South Harbor Uplands — council supported PACAB recommendations, set building height limit 17. Seward Community Health Center Expansion 18. Building Maintenance Z 19. 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