HomeMy WebLinkAbout04112022 City Council Regular Meeting PacketSe -ward ON Council
Agenda Packet
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Monday, April 11, 2022
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
M-AmedcaC I
�® Please silence all cell phones darning the meeting
April 11, 2022 7:00 p.m. Council Chambers
Christy Terry
Mayor
Term Expires 2022
Sue McClure
Vice Mayor
Term Expires 2023
John Osenga
Council Member
Term Expires 2024
Liz DeMoss
Council Member
Term Expires 2023
Ristine Casagranda
Council Member
Term Expires 2022
Mike Calhoon
Council Member
Term Expires 2024
Randy Wells
Council Member
Term Expires 2022
Janette Bower
City Manager
Brenda Ballou
City Clerk
Brooks Chandler
City Attorney
City of Seward, Alaska
April 11, 2022
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
signed in will be given the first opportunity to speak. Time is limited to 3 minutes
per speaker and 36 minutes total time for this agenda item.]
5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
of Consent Agenda passes all routine items indicated by asterisk (*). Consent
Agenda items are not considered separately unless a council member so requests.
In the event of such a request, the item is returned to the Regular Agenda]
6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
A. Proclamations and Awards — None
B. City Manager Report
C. City Attorney Report.
...........................Pg. 4
..........................Pg. 24
D. Borough Assembly Report
E. Other Reports and Announcements
1. Quarterly report from the Port & Commerce Advisory
Board by Chair Brandii Holmdahl.
F. Presentations [Presentations are limited to ten minutes each, excluding
Q&A, and are limited to two per meeting unless increased by council.]
1. Greene Forensic Accounting presentation on the City's
forensic audit.
Council Agenda
Page I
1
7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all
speakers have spoken, a person may speak for a second time for no more than one (1) minute.]
A. Ordinances for Public Hearing and Enactment
1. Ordinance 2022-007, Amending Seward City Code Chapter 8.15.145 Allowing More
Flexible Use Within the Construction Site Camping Provision. This ordinance was
introduced on March 29, 2022 and is coming tonight for public hearing and
enactment................................................................................................................ Pg. 26
B. Resolutions Requiring Public Hearing
1. Resolution 2022-046, Authorizing the City Manager to Enter into a New 20 Year
Lease with 2 Five -Year Options to Extend with Pacific Resurrection Bay Seafoods
for Parcel 14823009 and Parcel 14823010 in the Seward Recording District, Third
Judicial District, State of Alaska, Consisting of Approximately Parcel A 19,756
Square Feet and Parcel B 33,572 Square Feet, More or Less.................................Pg.31
8. UNFINISHED BUSINESS
1. Resolution 2022-014, Approving The Historic Preservation Commission Priorities
From February 2022 To February 2023. This resolution was postponed on
February14, 2022............................................................................................. Pg.73
9. NEW BUSINESS
A. Resolutions
*1. Resolution 2022-051, Accepting And Appropriating American Rescue Plan Act
(ARPA) Federal Grant Funds SOA-DCCED (NEU) In The Amount Of $676,748.30
For The Purpose Of Investment In Water And Sewer Infrastructure ...................Pg. 81
*2. Resolution 2022-052, Authorizing The City Manager To Enter Into A 3 Year Sole
Source Agreement With T2 Systems To Provide Parking Enforcement & Permit
Management Software In An Amount Not To Exceed $31,297 And Appropriating
Funds....................................................................................................................Pg. 105
*3. Resolution 2022-053, Accepting And Appropriating The 2022 Volunteer Fire
Assistance (VFA) Grant In The Amount Of $4,765.80 And Authorizing The
Matching Funds Of$530.20...............................................................................Pg. 131
4. Resolution 2022-054, Utilizing Similar Boundaries Of The Downtown Historic
District To Establish A New Historic Business District (HBD) Zone...............Pg. 139
City of Seward, Alaska
April 11, 2022
Council Agenda
Page 2
`a
B. Other New Business Items
* 1. Approval of the March 29, 2022 City Council Special Meeting (91)
Minutes...................................................................................................................Pg. 149
10. INFORMATIONAL ITEMS AND REPORTS — None
It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5)
minutes per speaker.]
12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
13. EXECUTIVE SESSION
A. Go into executive session to discuss the status of negotiations for the purchase of
parcels 2405 and 2413 Seward Highway, per SCC 2.10.030 (b)(4).
14. ADJOURNMENT
City of Seward, Alaska
April 11, 2022
Council Agenda
Page 3
3
City of Seward
City Manager's Report
April 11, 2022
Mayor Terry and Council Members,
Nils Andreassen, AML Executive Director reports, "A lot of legislative work has been delayed by COVID this
week, with 10% or more of all staff and legislators testing positive. That's meant that House floor sessions
were canceled, where they had meant to take up the operating budget and there were a number of bills
that had been planned to be introduced or passed out. This coming week (April 11) may reflect a busy
schedule as everyone plays catch up".
I continue to monitor the bills at the state legislature. SB 218, approval of the railroad bonds, moved out of
the transportation committee and is referred to finance. HB 366, approval of the railroad bonds, also moved
out of the transportation committee and is referred to finance. I'm watching for the hearing dates and will
testify.
I'm currently in route to Washington DC to join Mayor Terry, Council Members Casagranda and Osenga for
meetings with our legislators and other delegates. I will have a fuller report during the April 11 meeting.
On April 11 and 12, I will attend the Alaska Federal Grants Symposium/Infrastructure, Grant Development,
and Workforce Planning Workshop at the Dena'ina Civic and Convention Center. I am planning to attend to
gain as much information as I can for funding for Seward.
City of Seward Personnel Transactions
Prepared by Tammy Nickell, City of Seward Human Resources Manager
Separations:
Deputy Harbor Master
Accounting Tech AP
New Hires:
Harbor Seasonal Part-time
Police Dispatcher
Campground Coordinator
Available Full Time Positions:
Finance Director
Police Dispatcher
Acct Tech II
Acct Tech III
Deputy Harbormaster
Accounting Tech AP
Department: Date of Separation:
Harbor 4/29/2022
Finance 4/5/2022
Department: Date of Hire:
Harbor 4/4/2022
Police 4/11/2022
SPRD 4/5/2022
Department: Position Status:
Finance
Advertising
Since
10/05/2021
Police
Advertising
Since
03/03/2022
Finance
Advertising
Since
03/24/2022
Finance
Advertising
Since
03/24/2022
Harbor
Advertising
Since
03/25/2022
Finance
Advertising
Since
03/31/2022
Available Seasonal Positions:
Campground & Park Maint Aide
Campground Attendant
Park Maintenance Worker
Parking Lot Attendant
Parking Operations Supervisor
Recreation Program Aide
Fire Dept Laborer
Harbor Seasonal Part-time
Harbor Seasonal Full-time
Library Aide
Department: Position Status:
SPRD
Advertising Since 3/3/2022
SPRD
Advertising Since 3/3/2022
SPRD
Advertising Since 3/3/2022
SPRD
Advertising Since 3/3/2022
SPRD
Advertising Since 3/3/2022
SPRD
Advertising Since 3/3/2022
Fire
Advertising Since 3/9/2022
Harbor
Advertising Since 3/11/2022
Harbor
Advertising Since 3/11/2022
Library
Advertising Since 3/11/2022
As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and
$30,000 have been approved by the City Manager since the last council meeting: none.
Thank you,
City of Seward
Department Activity Reports
Assistant City Manager
Stephen Sowell
➢ Work is continuing on the Hemlock Subdivision. Current work is taking place on
the following tasks: replat and rezone, developing the cost estimates, and
geotechnical investigation. The geotechnical report is scheduled to be available
in mid -April.
➢ The Assistant City Manager and Community Development Director met with the
project team at R&M Engineering on March 30t" to discuss various projects
underway, especially the SMIC Bench residential development project. The SMIC
Bench project feasibility study is currently underway. R&M Engineering has
determined the two locations for access roads (see the attached map). Cost
estimates for these access points are being generated and the City will be
pursuing grant opportunities to pay for these roads. Based upon the draft version
of the new tsunami map, these roads will be vital for emergency evacuation
routes as well.
➢ Work is beginning on the creation of the utility expansion master plan. This
project is scheduled to be completed by August 29t", 2022. This plan will provide
valuable information on where and how the City can expand utilities in a manner
that increases residential development. Once the master plan is completed, R&M
Engineering will provide City Council a presentation on the master plan.
➢ The Assistant City Manager and Community Development Director met with
Borough Representative Ecklund and KPB Planner Marcus Meuller on March 29t"
to discuss housing developments outside of City limits. This was a follow up
meeting to discuss specific parcels as well as continue advocating for action to
remedy and improve the housing crisis in Seward and surrounding areas.
n
Community Development Department
Jason Bickling
Director Notes:
Current Projects:
➢ Having discussions on possible land sale and residential development outside of city limits —
Kenai Peninsula Borough, Forest Service, Alaska DNR, Alaska Mental Health Trust, etc. Cindy
Ecklund has been very helpful in this process.
➢ Reviewing 1999 Seward Strategic Plan and contrasting it to 2020 Comprehensive Plan
➢ Working on Short Term Rental Regulation — drafting information discussion topic on the April
19 P&Z Worksession
➢ Municipal Land Inventory and Use Plan draft review. It is tentatively scheduled to go before
P&Z at the May 17t" Worksession
➢ GIS Plan for Community Development, Fire, Building, Public Works, Utility, and Parks and Rec.
➢ Continuing to work on the Fort Raymond Property Chugachmiut Replat as it goes through the
Borough platting process
➢ JLH Property Status: Waiting to hear back from ADEC on Final Plan
➢ Working on task order projects with R&M:
o Utility Development Priorities / Plans
o SMIC Bench Feasibility Study
o Hemlock Subdivision Replat and Rezone
o Fort Raymond Replat
Specific Planning Work:
➢ Ongoing: working with people in the community to answer questions about their property —
uses allowed, setbacks, processes, etc.
➢ Records Requests
➢ Business Licenses — many being reviewed (busy because of new year)
➢ Building Permits — 0 reviewed
➢ CUP Applications — 2 being prepped for April 5 PZ meeting, 1 being prepped for May 3
➢ Variance Applications — 0 prepped for PZ meeting
➢ Replat Applications — 1 being prepped for the May 3 PZ meeting
➢ DRP Applications — 0 application being prepped
s
Electric Department
Director Rob Montgomery
➢ Nash Road Right -of -Way Tree Clearing (Update) — AK Tree Service is
continuing its tree -trimming and clearing work along the Nash Road transmission
corridor in preparation for the future infrastructure replacement project. The Electric
Department will continue to meet with property owners, as needed, to answer
questions and address concerns.
➢ IBEW 1547 Contract Negotiations (Update) — Dates have been set for contract
negotiations: April 20 and April 22, with a follow-up meeting scheduled for April 27.
Additional meetings will be scheduled, if needed. The IBEW and the City have
exchanged opening letters outlining the respective items each wishes to discuss,
change or update. The City's contract with IBEW 1547 expires on June 30.
➢ Commercial Customer Classifications — Following an audit by the Finance
Department of all commercial electric accounts, it was found that 11 commercial
customers in the Small General Service class were incorrectly classified and should
have been in the Large General Service class. Commercial customer classifications are
determined specifically by the customer's peak usage, with the threshold being 25
kilowatts. I personally contacted the 11 customers and informed them that they would
be moved into the appropriate class for the May billing cycle. Following my discussions
with each of the customers, I made the decision to push back the effective date back
to September. This would give those just over the threshold an opportunity to reduce
their peak usage and remain in the Small General Service class. It would also give
those with higher peaks an opportunity to prepare for the increased costs associated
with the classification change. The audit of commercial accounts also found that five
customers were misclassified as Large General Service when they should be in Small
General Service.
➢ DOT Project MP 17-22.5 (Update) — Electric Department personnel continue to
work with the Alaska Department of Transportation in preparation for AKDOT's
highway improvement work between MP 17-22.5 of the Seward Highway. The City of
Seward will be relocating electric poles and lines to accommodate the highway project.
All costs incurred by the City for the project will be reimbursed through AKDOT.
9
CMR
Finance Department
Mission Statement:
To Provide the highest level of services responsive to our
community `s expectations and to enhance the quality of
life and economic vitality.
Annual Audit
Valuable Objectives:
Sully Jusino
Deputy Finance Director
Integrity, accountability and respect we built trust with all
stakeholders through responsible stewardship of public
resources.
4/18 — 4/22 Altman, Rogers & Co. will be in Seward performing our annual audit.
Forensic Audit
- Last meeting with Administration, Finance and Greene Forensic Accounting Solutions, LLC
regarding the forensic audit will be on 4/11/22.
- Staff is continue working on the audit findings account by account basis.
Carmen Jackson Firm
- Carmen Jackson LLC firm continued assisting the finance department in account reconciliation,
journal entry review, and analyzed job descriptions. Finance and Administration will start working with
the initial recommendations stablished by the firm regarding jobs descriptions.
- Finance staff continue working for audit preparation.
Ilf
Pr
Fire & Building Department
Fire Chief Clinton Crites
We can always use volunteers, if
you or someone you know is
interested in serving your
community, please give us acall at
224-3445 or stop by at one of our
trainings on Wednesday evenings
at 7:00pm.
Statistical Information;
Fire & Life Safety Inspections 2022 YTD: 110
with 99 violations noted.
Emergency Calls YTD: 66
New Building Permits Issued 2022: 9 with
a total valuation of $1,039,368
Demo Permits Issued YTD: 0
Seward Fire Department staffed a booth at the Health Fair April 9t", Staff distributed Education materials
on Emergency Preparedness, Tsunamis, Fire Prevention & Education, and other safety informational
items.
April 1st started the Alaska Wildfire Season, Please call 224-3445 for permits to use a burn barrel or burn
brush piles. Remember, safe burn practices must be followed in accordance with the wildland fire
protection laws as defined under AS 41.15 and 11 AAC 95.
Please see the flyer below for the Phoenix Chapter Fundraising Cruise May 28', all proceeds are
designated for your local Fire and EMS agencies to provide training on the Eastern side of the Peninsula.
BECOME A VOLUNTEER
FIREFIGHTER!
CALL NOW FOR MORE INFO : 907-224-3445
SEWARD FIRE DEPARTMENT www.sewardfim.com
The burn permit requirement helps minimize the number of human -caused wildfires in
Alaska by providing guidelines to permit holders related to the size of burn piles, what
materials may be burned and other safe burning requirements that reduce the chances of a
fire escaping. 11
Burn Barrel Specifications, Debris Pile Requirements, and Lawn Burning
BURN BARREL REQUIREMENTS
S i Gallon Barrel
• CirculaI.a.cr!rr.+ s}ot:ilcfrum_ingood
condition, w' ,',h no more th? , 55 gallon
capacity
• Metal mesh cover on top in good condition.
with mesh •.-p _nings no larger than 5f8"
• At leas:r-}rcc, c•venlyspaced3"square
holes covered with metal mesh along the
bottom
+ Situated on top of non -burnable materials
r6 r
feet
• At least 6 feet of ground cleared to mineral
soil extending to all sides of the barrel
• Stay with the barrel until completely out
and cold to the touch
Burn only untreated
wood. eaves, grass
clippcngs,cardbpard
ipping
and paper
Sufficient water to
I
immediately
Adult
extinguish fire and
with the
a tool close by
[I]
barrel at
when burning
all times
SMALL PILE BURNING REQUIREMENTS LAWN BURNING REQUIREMENTS
Pile Specifications
• OnIyONEpile burning ata,time
• Max ten foot diameter and four foot height
10 feet
+Aax srm•aan
10 10
felt flat
10 —
feet
• At least ]Ofeetofgroundcleared to
mineral sail extending to all sides of the pile
• Stay with the pile until completely out and
told to the touch
• Burn only untreated
wood, I eaves, grass
clippings, cardboard
and paper
Sufficient water to
immediately
extinguish fire and
toots close by when
At least one adult
biming
with the pi Ie at all
tlme5
Lawn Slaecificotions
• Cw1;3irYtai,iccI I a w n
• M,ix one acre and four Inches in height
I
i3 Z:141ncf
I
MAX height
* Maintain an S foot wet perimeter on the
ground around the burn at all times
Stay with the lawn until completely out and
cool to the touch
SuFfi[ierltw�r'nter to
irnmed a[e!y
eRIJn3Gi5h tireajid t„
taufs close ihe!1
Do not burn within 30' of structures and power lines
Adults a[ rll
t IIn C4 911111111
im
Ir
SATURDAY,
MAY 28o 2022
10MANNUAL
FIREFIGHTER / EMT
AUCTION CRUISE
Join the men and women of the
Phoenix Chapter of the
Alaska State Firefighters Association
for an auction and dinner cruise!
Seward, Bear Creek, Moose Paws, and Lowell Paint
residents - Support your local firefighters and EMTs
Stop by the Seward Fire Dept. or Ca
for tickets today
Cruise runs 6:30 — ' 0:00 j
Check -Err at Major Marine Tours c
'mail Boar Harbor at 5:45
Cruise & dinnerprovided
in part by the generosity
of MMT & their staff.
13
J 1Al L Ut ALA,)&A YKtJJ t«LLAJt
For Immediate Release: April 1, 2022
State Of Alaska Burn Permits Required
(Kenai Peninsula, AK) — Division of Forestry, Kenai -Kodiak Area Office, would like to
remind the public that state burn permits are required April 1st - August 31st. Burn
permits can be acquired online, at local fire departments, Division of Forestry Offices,
and various businesses across the peninsula.
Fire coupled with dead grasses and gusty winds create dangerous conditions for those
living in the wildland urban interface. Most wildland fires caused by debris burning are
due to insufficient fuel breaks, leaving the fire unattended, or not fully extinguishing the
fire. Follow burn permit requirements such as having hand tools and sufficient water on
scene. Monitor current and predicted weather conditions to be safe while debris
burning.
Burn permits are not required for campfires less than 3 feet in diameter being used for
cooking, warming, or signaling.
If you have questions on safe burning practices, contact Division of Forestry in Soldotna
at (907) 260-4200.
F33:°
STAY CONNECTED:
DNR Division of Forestry Burn Permits: https://dnr.alaska.gov/burn
DNR Newsroom: http://dnr.alaska.gov/commis/dnr newsroom.htm
DNR on Social Media: http://dnr.alaska.gov/commis/social media.htm
DNR Public Information Center: http://dnr.alaska.gov/commis/pic/
14
Harbor
Harbormaster Norm Regis
➢ The 330-ton Travelift is busy this week due to warming temperatures, we are currently placing
vessels into and out of the water.
➢ We are clearing snow/ice in the SMIC yard, with the warming weather the crew is trying to keep
the SMIC yard water flowing into the ditches.
➢ The water at SMIC has become an issue, the harbor crew is working to resolve the water ponds
under the boats, letting the owners know they need to keep a path shoveled for the water to
drain.
➢ The water throughout the harbor has been turned off, there are several locations that we will
have water on for the winter.
➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts
and public contact in the Seward Harbor office.
➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is starting to take
shape, just a few more items to deal with and we can lease out the property again.
➢ The harbor office is fully staffed.
➢ The harbor office is on its winter schedule and are open Monday through Saturday. The Sunday
harbor crew will check phone messages throughout the day and respond as necessary.
➢ Continuing to have meetings for the North East harbor launch ramp, last week the contractor has
disassembled the old launch ramp.
➢ Global Diving & Salvage, will start replacing the anodes in April 2022 they anticipate just about a
week and a half of work to complete the project.
➢ Harris Sand and Gravel has completed installing the new G, K and L-floats waiting on some
hardware to finish the project.
➢ We are continuing to work with Moffatt & Nicole on the design for the 5-ton crane on I -Dock.
➢ We are also working with PND Engineers on a wash -down pad located by the 50-ton travelift.
➢ The Port Infrastructure Development Program was released we are working with PND engineers
to write the grant for the wash -down pad.
➢ Matt Chase will be retiring on April 29t", please thank him for his service to the City of Seward.
W
City of Seward Personnel Transactions April 1, 2022
Prepared by Tammy Nickell, City of Seward Human Resources Officer
Separations:
Department:
Date of Separation:
Deputy Harbormaster
Harbor
04/29/2022
Accounting Tech AP
Finance
04/05/2022
New Hires:
Department:
Date of Hire:
Harbor Seasonal Part Time
Harbor
04/04/2022
Police Dispatcher
Police
04/11/2022
Campground Coordinator
SPRD
04/05/2022
Available Full Time Positions:
Department:
Position Status:
Finance Director
Finance
Advertising Since 10/05/2021
Police Dispatcher (1)
Police
Advertising Since 03/03/2022
Acct Tech II
Finance
Advertising Since 03/24/2022
Acct Tech III
Finance
Advertising Since 03/24/2022
Deputy Harbormaster
Harbor
Advertising Since 03/25/2022
Accounting Tech AP
Finance
Advertising Since 03/31/2022
Available Seasonal Positions:
Department:
Position Status:
Campground & Park Maint Aide
SPRD
Advertising Since 03/03/2022
Campground Attendant
SPRD
Advertising Since 03/03/2022
Park Maintenance Worker
SPRD
Advertising Since 03/03/2022
Parking Lot Attendant
SPRD
Advertising Since 03/03/2022
Parking Operations Supervisor
SPRD
Advertising Since 03/03/2022
Recreation Program Aide
SPRD
Advertising Since 03/03/2022
Fire Dept Laborer
Fire
Advertising Since 03/09/2022
Harbor Seasonal Full Time
Harbor
Advertising Since 03/11/2022
Library Aide Seasonal
Library
Advertising Since 03/11/2022
Ur1
Seward Community Library & Museum
Bailey Sayler
MUSEUM WINDOW DISPLAY
Naval Radio Station
The Seward Naval Radio Station is featured in the Windows of History display. Learn
about the radio station that was built near the head of Resurrection Bay in 1917, caught
fire in 1935 and was subsequently abandoned. View pictures of the radio station from
the late 1910's when it was at its best and pictures from 1935 when it burned down.
Also, on display are recent photographs depicting the last building succumbing to
Mother Nature.
March Artifact of the Month
Photos of General Davis and General Rousseau
The March Artifact of the Month is a pair of photos of General Jefferson C. Davis and
General Lovell H. Rousseau who played key roles in the transfer of Alaska from Russia
to the USA. Gen. Davis was the first commander of the Department of Alaska, as Alaska
was called before it became the Territory of Alaska (1912) and then the State of Alaska
(1959). Gen. Rousseau was assigned to duty in Alaska in March of 1867, just two days
before the Alaska Purchase Treaty was signed, and was present at the transfer
ceremony in October of the same year.
April Game Night and Library Open House
The Library will be hosting an Open House and Game Night, April 9 from 3-5 p.m. The
Library will have Jeopardy, Giant connect 4, life size Jenga, and other board games. We
also will be show casing the new computers that were paid for by the Institute of Museum
and Library Services. Come join the library for a night of family fun.
Tot -Time
Every Tuesdays and Thursday, the Library and Bloom, work together to bring arts n
crafts, story time, and play time for our younger crowd.
Discovery Kits
We have new Discovery Kits out for the public to use. New kits include Montessori letters
and numbers, Zoo -Phonics, Anatomy, cells, Time, Planets, Aquatic Discovery, and many
more.
For the month of February, we served 5282 patrons.
Library hours
Tuesday — Friday 9 a.m. — 6 p.m.
Saturdays 9 a.m. — 5 p.m.
NVA
Museum Hours
Friday — Saturday 1 p.m. — 5 p.m.
We are currently taking passport appointments for new passports. The library does not
do renewals. Please call 907-224-4082 to make an appointment.
18
Parks & Recreation
Tyler Florence
Subscribe to the Parks & Rec Newsletter:
https://tinyurl.com/sewardparksnewsletter
• Advertising for summer seasonal positions.
• Hired Campground Coordinator starting April 5.
• A department rep will be attending the Double Scoop Ice Cream event on May
12 to promote seasonal job opportunities.
• Maintenance crew continues prepping equipment and facilities for the summer
season.
• Deployed smart trash bins.
• Upgrading restroom facilities with automatic sinks, toilets, and more.
• The gardening services RFP closed on April 1. No proposals were received.
• Completed transition to all electric lawncare equipment.
Campgrounds
Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot
today: https://www.cityofseward.us/departments/parks-recreation/camp rounds
YTD Campspot Bookinas as of 04/01/22
Period
Site
Nights
Revenue
Completed Bookings
46
$ 690
Advance Bookings
7285
$ 344,830
Total:
1 71331
$ 345,520
Sports & Recreation
AVTEC Gym
Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student
Services Center) through a facility use agreement with the school. Visit RecDesk for
details.
Register for programs and reserve facilities:
https://seward.recdesk.com/Community/Home
iK
View program details:
https://www.cityofseward.us/departments/parks-recreation/sports-recreation
Program Name
Date
Total
AVTEC usage
March
355
Urbach Youth Basketball
Aril
60+
Open Archery
March 29
5
Ongoing Programs
• Competitive Volleyball League — Championship Wednesday, April 6
• Tot Time — Friday, 10:30 — 12:00pm
• Adult Basketball — Thursday 6-8pm
• Open Volleyball — Friday 6-8pm
• Rock Wall — Saturday through April 3-5pm
• Urbach Youth Basketball — Saturdays in April 9:00 — 1:00pm
Upcoming Programs
April 16 — Seward Kite Festival, Marathon Campground
April 21-22 — Earth Day Art Contest for ages K-12
May 7 — Super Saturday Community Cleanup/ Bike Rodeo
May 14 - Pink Cheeks
May 22 — Exit Glacier 5/10k
`11
Public Works Department
Doug Schoessler
➢ Public Works Department
➢ Streets and Snow Removal:
With the warmer weather, snow and ice will be clear of the roadways shortly. Soon we will
be using sweepers to clean up sand and debris on the roads around town.
➢ Wastewater and Lagoon overview study:
This study is complete. The third -party study was presented by R & M Engineering at the
October 25 Council Meeting. Recommendations are as follows:
1. Using a multi -function portable probe, perform summertime DO, pH and temperature
measurement profiles in grid pattern from both lagoons during a period of non -rainy
conditions and at least 3 days after a significant rain or high user population event.
For items 1 & 2, testing is scheduled for June 2022
2. During the same effort, from at least four separate locations in each lagoon aeration
zone (front and back zones of both basins), collect composite samples of BOD, TSS,
carbonaceous BOD (CBOD), soluble carbonaceous BOD (SCBOD), ammonia, total
Kjeldahl nitrogen (TKN), alkalinity, nitrites nitrates
3. Consider the eventual supplementing or replacement of the existing coarse bubble
aeration system with a fine -bubble aeration system. We met with R&M on March 215t
to decide on a ,elan forward. We were able to fine tune their ideas with them and will
meet again when they get final costs so we can ,proceed.
4. Consider replacing the existing blowers with new, more -efficient units having a higher
aeration output to increase the capacity of the existing aeration system for improved
treatment of greater -than -average conditions. The fine bubble aeration will add a
separate suitable blower. R&M will then continue for pricing on replacing the large
system blowers.
5. Consider modifying the influent and effluent header piping to provide additional inlets
and outlets serving each basin. Per engineering update 3/25/2022: "If it's determined
to provide worthwhile benefit, this work could be accomplished the next time the
lagoon is dewatered. From past performance, it is apparent that the lagoon would
provide sufficient treatment without this improvement, as the large size of the lagoon
and the use of the coarse -bubble aeration produces a lot of residence time. This
concept should be regarded as an enhancement and not an imperative improvement."
`AI
6. Continue implementing a regular sludge removal program. Scheduled for 2025/2026.
Consider the procurement of a floating dredge unit to reduce the need for dewatering
the lagoon basins for this effort. Per engineering update 3/25/2022: "I'm still
researching this with folks in the wastewater lagoon industry (still awaiting some
inputs), but I'm concluding that the City would probably be better off contracting out
the sludge removal work, rather than doing this work themselves. For the size and
depth of Seward's lagoon, a considerable degree of equipment and temporary set-up
would be needed to do this work, and it would not appear to be good use of the City's
resources to invest in this equipment for use on an occasional basis (say every 5 to 10
years)".
7. The use of sodium nitrate could continue to be used by the City as a relatively quick
and temporary measure for addressing odors. This method does not appear to be a
good permanent solution for proactively mitigating or preventing odors. Agreed, when
the above aeration improvements are approved and installed, this use will be reduced.
➢ Level 1 & 2 Soil investigations at the Public Works Facility on 6t" Ave.:
CITY OF SEWARD SHOP SEWARD, ALASKA
-Council Approved the Geotechnical task for R&M to do this work. They anticipate being
able to drill the soil borings in mid to late March.
-*Update: This total price will drop since we recently determined the pit drain
in the shop is fully sealed concrete with an oil/water separator design under
the floor grate. This identified area will not have a clean up or further
mitigation,
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CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP
Attorneys At Law
Suite 302
911 West Eighth Avenue
Anchorage, Alaska 99501
Telephone: (907) 272-8401
Facsimile: (907) 274-3698
bcf@bcfaklaw.com
April 5, 2022
Seward City Council
City of Seward
PO Box 167
Seward, AK 99664
Re: Status Report
Dear City Council:
This is our status report covering activity on legal matters worked on during March.
General Matters
We advised on an issue relating to platting of utility easements on the property sold to
Chugachmiut. We advised on the process for handling a business license appeal. We advised on
procurement matters, including review of an RFP for gardening services. We reviewed an
encroachment permit. We reviewed and commented on potential changes to zoning code
definitions. We reviewed and advised on public records requests. We reviewed an agreement
with ACOE for the Lowell Creek project. We worked on recodification of Title 12 and Title 9
(building and fire codes). We reviewed and advised on aspects of the forensic audit. We
continued to advise on potential enforcement actions to be taken against properties that are not in
compliance with fire code and business license requirements. We advised on an employee
campground issue. We advised on signage for city parking lots.
Electric Utility:
We reviewed and commented on an opinion letter for issuance of bonds. We advised on
a utility easement.
24
Seward City Council
April 5, 2022
Page 2
Personnel:
We advised the police department on a personnel matter.
Public Safety:
Port:
We advised on police use of social media.
We continued to advise regarding the City's approval of a sublease.
You can expect to receive our next status report by May 4.
Very truly yours,
CHANDLER, FALCONER, MUNSON &
CACCIOLA, LLP
Brooks Chandler
`4
Ordinance 2022-007
Documents:
• Agenda Statement
• Resolution 2022-007
`0
City Council Agenda Statement
Meeting Date: March 29, 2022
To: City Council
Through: Janette Bower, City Manager
From: Jason Bickling, Community Development
Agenda Item: Ordinance 2022-007: Amending Seward City Code 8.15.145 Allowing More
Flexible Use Within the Construction Camp Site Provision
Background and justification:
The current housing shortage creates a catch 22 with construction crews that are looking to build
more housing. Also, many potential construction sites in zoning districts have zero lot lines and don't
have room for the crews to stay on site. These modifications would allow crews to stay on other
sites or designated sites for those construction projects.
The language has been amended as follows:
• Subsection A has been amended to reference the language in Title 15.
• Subsection B has been amended to strike reference to a mobile home. A mobile will not be
allowed for use for temporary living or work space.
• Subsection B.2. allows another designated site to be used when the construction site does
not have adequate space or when it interferes with construction operations.
• Subsection B.4. requires the submission of an application for the use.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.2.1, 3.3.1
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
X Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Finance Signature: t (�' )tf
27
Attorney Review✓ I I Administration Recommendation
RYes
X Not applicable
XeAdopt Resolution
Other:
28
Sponsored by: Bower
Introduction: March 29, 2022
Public Hearing: April 11, 2022
Enactment: April 11, 2022
CITY OF SEWARD, ALASKA
ORDINANCE 2022-007
An Ordinance of the Seward City Council, Amending Seward City Code
Chapter 8.15.145 Allowing More Flexibile Use Within the Construction Site
Camping Provision
WHEREAS, Seward has a significant housing shortage; and we need places for workers
to help solve the housing shortage; and
WHEREAS, this shortage impacts the ability for developers to build to help solve that
housing shortage; and
WHEREAS, this code modification would give more flexibility for worksite camping than
is currently allowable.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Section 8.15.145 is hereby amended to read as follows (new
language is in bolded italics and underlined and deleted language is stricken):
8.15.145 - Recreational vehicles and mobile homes outside of Municipal Campgrounds,
Camper Parks and Mobile Home Parks.
A. Camping unit length. A camping unit not to exceed forty-five feet in length, may be stored on
a private lot in all zoning districts, as referenced in Title IS rso,.f;, 1 15. , n qq6
B. Recreational vehicle use during construction proiect. Off For a construction project, awe
home of recreational vehicle may be used for temporary living or work space:
1. At the project site;
2. At another desig-nated site when the construction site does not have adequate space or
when it interferes with construction operations;
3. Not to exceed length of project_
4. if An application for this use is shall be submitted by the owner or manager of the
project, site or property and is approved by atAhi a r*e' city manager or designee.
C. Sales lot. In a mobile home, or recreational vehicle sales lot, one mobile home or recreational
vehicle, may be used as an office for sales lot business only.
Section 2. This ordinance shall take effect ten (10) upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the
1 lth day of April 2022.
29
CITY OF SEWARD, ALASKA
ORDINANCE 2022-007
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
30
Resolution 2022-046
Documents:
• Agenda Statement
• Resolution 2022-046
• Attachments:
o Estoppel Certificate
o Lease — Pacific Resurrection Bay Seafoods Inc.
o Parcel 14823009 and 14823010
M
City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2022-046: Authorizing the City Manager to Enter into a New 20
Year Lease with 2 Five -Year Options to Extend with Pacific Resurrection Bay
Seafoods for Parcel 14823009 and Parcel 14823010 in the Seward Recording
District, Third Judicial District, State of Alaska, Consisting of Approximately
Parcel A 19,756 Square Feet and Parcel B 33,572 Square Feet, More or Less
Background and justification:
The Seward City Council approved the initial lease for Seward Marine Services, on October 23,1991,
for a thirty-year term with no options to extend. The initial lease was for Parcel A 19,756 square feet
and Parcel B 33,572 square feet more or less; with an amendment by Estoppel Certificate dated
March 6, 2006, as evidenced by an Assignment and Assumption of Lease recorded July 1, 1996.
Lease (91-70) expired on September 30, 2021. Pacific Resurrection Bay Seafoods Inc. has requested
a new thirty-year ground lease.
The City Manager and administration has negotiated a new 20-year lease with two five-year
extensions, the new lease also incorporates standard lease language which has been added to all
City leases since the original Seward Marine Services lease was approved thirty years ago (i.e. lease
appraisals; annual CPI rental adjustments, etc.).
The current lease payment is $8,400; this would be reduced according to the amount of lease
credits applied, it could also change with the 2022 yearly CPI or upon the new appraisal in 2025.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: p 23/ 3.5.1.1 Encourage the growth and development of an efficient, functional
boat harbor that meets Seward's commercial and recreational needs
Strategic Plan: Page 6/ Attract New Industry - Develop an aggressive marketing campaign
which highlights the
diverse resources and quality of life that make Seward a great place
to live and establish a business or industry
Other: N/A
Certification of Funds
Total amount of funds listed in this legislation: $ 8,400
This legislation (✓):
X Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
ri
Kea
Funds are (✓):
Budgeted Line item(s):
x Not budgeted
Not applicable
11000- 2000-5000
unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC
X Boat Harbor Parking
Motor Pool Other
Unassigned Fund Balance*:
Available Unrestricted Cash Balance*
Electric Wastewater
Water Healthcare
*unaudited numbers
Finance Signature: <;► )1kV AID
Attorney Review,/ Administration Recommendation
X Yes X Adopt Resolution
Not applicable Other:
33
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-046
A Resolution of the City Council of the City of Seward, Alaska, Authorizing the
City Manager to Enter into a New 20 Year Lease with 2 Five -Year Options to
Extend with Pacific Resurrection Bay Seafoods for Parcel 14823009 and Parcel
14823010 in the Seward Recording District, Third Judicial District, State of
Alaska, Consisting of Approximately Parcel A 19,756 Square Feet and Parcel B
33,572 Square Feet, More or Less
WHEREAS, Pacific Resurrection Bay Seafoods Inc. have been a large part of the Seward
community for a long time; and
WHEREAS, the City of Seward and Pacific Resurrection Bay Seafoods Inc., entered into
Lease No 91-07 on September 6, 1991, which the lease has been transferred through an estoppel
certificate; and
WHEREAS, the current lease expired on September 30, 2021; and
WHEREAS, Pacific Resurrection Bay Seafoods Inc. have submitted a request to renew the
ground lease with the City of Seward; and
WHEREAS, the City Manager and administration has negotiated a new 20-year lease with 2
five-year extensions with Pacific Resurrection Bay Seafoods Inc. which will, among other things,
incorporate standard lease language for City leases which represent substantive changes to the lease
language as compared to the lease initially approved in 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The City Council hereby approves a new lease for Portion of ATS 174 (Parcel
A & B), between the City of Seward and Pacific Resurrection Bay Seafoods Inc., expiring March
29, 2042 with two 5-year options to extend, in substantial form as attached hereto.
Section 2. The City Manager is authorized to execute a new lease with Pacific
Resurrection Bay Seafoods Inc.
Section 3. This resolution shall take effect 30 days after its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 1 lth
day of April 2022.
34
CITY OF SEWARD, ALASKA
RESOLUTION 2022-046
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou
City Clerk
THE CITY OF SEWARD ALASKA
Christy Terry, Mayor
W
ESTOPPEL CERTIFICATE
This Estoppel Certificate is entered into this � � of /1,+ACH , 2006, by the City of Seward.
RECITALS:
A. The City of Seward ("City"), as landlord, and Seward Marine Services, Inc. ("Original Tenant"), as
tenant, entered into that certain Lease Agreement ("Original Lease") dated September 6, 1991 for certain premises
more particularly described therein ("Premises"). The Original Lease was evidenced by a Memorandum of Lease,
dated October 25, 1991, and a subsequent Lease Memorandum Amendment, dated January 30, 1992. The Original
Lease was amended by that certain Second Amendment to Lease, dated October 1, 1995. (Collectively, the foregoing
shall be referred to as the "Lease".)
B. Original Tenant assigned its interest in the Lease to Wards Cove Packing Company, an Alaska
corporation, pursuant to that certain Assignment of Lease, dated November 1995. Wards Cove Packing Company
subsequently assigned its interest to 2-3, LLC, an Alaska limited liability company, pursuant to that certain Assignment
and Assumption of Lease Agreement, dated February 23, 2003. (2-3, LLC has since changed its corporate name to
Resurrection Bay Seafoods, LLC ("RBS")).
C. As of the date hereof, RBS is the valid and legal tenant under the Lease.
D. RBS and Pacific Resurrection Bay, Inc., an Alaska corporation ("Pacific"), have entered, or will
enter, into a Purchase and Sale Agreement, whereby RBS will sell to Pacific the Resurrection Bay Seafoods plant. As
part of the sale of the Resurrection Bay Seafoods plant, RBS intends to assign its interest in the Lease to Pacific.
Consent by the City to this assignment is not required under the Lease, unless RBS desires to be released from liability
under the Lease which RBS has not elected to do.
E. Pacific requests this estoppel certificate as a condition of its purchase of the Resurrection Bay
Seafoods plant.
NOW THEREFORE, the City certifies as follows:
1. Lease. The Lease, a copy of which is attached hereto as Exhibit A. is a true, correct and complete agreement
between City and RBS with respect to the Premises. The Lease has not been modified or amended, orally or in
writing, except pursuant to amendments attached hereto as part of Exhibit A. No agreement or obligation of any kind
with respect to the Premises exists between the City, as landlord, and RBS, as tenant, under the Lease except for the
Lease attached hereto.
2. Expiration of Term. The term of the Lease expires on, unless terminated earlier as provided in the Lease (such
as tenant default), September 30, 2021.
3. Rent. Rent is based on the fair market rental value of the Premises, adjusted every five (5) years under the
procedure set forth in Article 3.3. The last fair market rental adjustment appraisal dated April 12, 2005 did not require
a change in the current rate which became effective January 1, 2006, and the next fair market rental adjustment will
occur in July, 2010. The current annual rent is $3,200.00.
4. Prepaid rent or securily deposit. RBS has not prepaid any rent or made a security deposit except as
specifically set forth in the Lease.
(00392403.DOC;2)
91
5. No defaults. The Lease is in effect and there is no existing monetary default on the part of City or RBS and to
the City's knowledge, there is no non -monetary default, claimed default or failure of any performance required by
either City or RBS or any outstanding non- monetary obligations of City or RBS due under the Lease.
(00392403.DOC,2)
CITY OF SEWARD
By: (1 3
Clark Corbridge, City bafmager
ATTESTED BY:
Al`
J ewis, CM , Ci Ckrk
Cit of Seward,,4•,, arRT
�,a • CJ ;w `L.� �•,•
,3
• w. y
v; o : t�Yy�1� ;
-�iu •� • L „
r'.
37
12:2 T:67 p. m. 03-23-2022 1 'I 19072243723
03l2712022 11: 29 19072243799 F'ESLIF'ECTIUhJBA',' SEAFD PAGE 01135
CITE RF-VISIONS DATED 3/29/2022.
AMENDED AND RESTATED
LEASE AGREEMENT
between
CITY OF SEWARD, ALASRA
aDd
Pacific Res t-ection Bay Seafoods.
Effective Date, r A
38
03/23/2022
11:39
19072243723
RESUuECTIONBAY SEiWD PAGE 02/35
TABLE OF CONTENTS
ARTICLE I~LEASED DAND__,'
�,} ----`^'^'~---~--'--``-^^'---'^~ }
Land
1-3 [bmmvant '—'-------'~'~----------^'---'--'-'/
���������� ��I�n
1'3 ''^~'",°� ^ ___.,__�,^_.____.,_,,__,__2
1,4 - ~����,`'--''—'---'---'--^--''----'---------'-----'-----2
_'_......... .............................. '--~----- �
l-5 -
L6-----------^------'---'~''--�
l�7 ' ~ -----'—'-~--'2
.'--'---~--'--
,�n�andmmxvt arm!J�asuaAnmmntof Lease -----'-
��C8�K�LE 2- TERM.. ,.^-_ -.,-.---'----~'^^--------``'-'—�
11
ARTICLE 3-RENTAL�ATE .........
--'.'-'~'~^^'--)
3.1 /u8fa{R^vvalj�aAr--_'. '-'-''-'-`^-'----`'~'-`'-3
3^2 Rwmtl ---'-----'~-----`'~-'----.---'-------'-'-.-3
3.3 ' �'-''----`^'~----~--'--^~~-----`--... -^ 4
�mpm�� --'-^'
~ ' `~~�'--------�-'--'---� 4
3'4 /�3c�o�[ ---'''~`'----'`
_~_'-,_uur 6w(��]� '- '
-``------~ '^-------- 4
3.5 bvjC1SSI��_--__-..-,.--____-''-'---~------''~''-'----''
3J5 I�z�� /�wmbnJ��' -'`'-----'-----''---'-'-4
_ ~'_"-___ -,'------~ 5
3.7 jnbmn��Rerm#/'4—...-.... ____ .........................
Rent Jq�w��r1����� ----�
' ��~- ~^nr^�/°"=» -~' «»c«�r Booxmmou��not
defined.
- ' '
3.9 Late ~, Payment --_~- ----....... ........... 6
ARTICLE 4-USIE 0FLEASED LAND ................. .----,~. ----^~~'--'~~-'--
4,] Use Io��.'- ---^^-`~-'--`'--^'-''»
4�� ' - ----------'--'-----'- 6
4-8 Uae ofPublic Docks and Pori Facilities., 7
M11
03/23/2022 11:39 19072243723 RESURECTIONBAY SEoFD PAGE 03/35
}}.2 Personal Property, .......... .............. ........... _---.'............................................. l5
ARTICLE 12- OR SUBLEASE
........ _.............................................. --.'-'l�
l21 . A*sGp«me«tqyLwase orSnb/earng............ _-............... --_--...... ..................
l�
12'2 Axsigmmwmxo/Lwa,�*jbr Security ....... .......... _-.--,.~,~'.,..,--.-..........
}5
......
}23 �o
'�a^��n"�n^ Affiliate ...... ......................... --.................... -'^.........
.......... ...... ..l6
13.4 Assignment or Encumbrance 8vCity- .......... ...... ---- ^._.-.......... -^-^.............
l6
ARTICLE 13~LMEE"S DUDV TO DEFENDIINDEMNIFY ..........
I6
..... _........ ..............
ARTICLE 14~CIWIS DUTY To ._--_...... -.-'.......... ...... ----l7
ARTICLE15~INSURANCE ...... .... ..... `-....... --...^-.............................
l7
..........................
15'1 Minimum Insurance Requirements..... -..^^.-.--...... ............. ................... _-_l7
15,2 SubrogationflightsWahvmd........... ....... ........... .................................
............. _l8
15.3 Resbonztiom ofBuildings and ts.`'~.......... ................
IS
.-.-_..........
ARTICLE16~ --_.-.,-....................................
........ '_---....-.lg
ARTICLE 17 - ARBITRATION
....................... .................... ............ .....................................
2V
17.1 Arbitration ..... -....... -........... -^.,-.......... -'-.---'`__---.^.---',-_-..20
ARTICLE 10~ MAINTENANCE AND REPAIRS ... ---- ............ ............ ............. .-----------
2l
18.1 .-_---....--.-_----.^^.-----.--..^.--__---,Z1
18.2 Safety
-Issues ............................ .'_......... -... '............ .......... ........... ........... ......
2l
10~3 Cost............................................... .--................
~.............. .,-22
ARTICLE 19- ENVIRONMENTAL CONCERNS__ ------ '~,-............... .......
ZZ
19.1 Hazardous Materials .......... ----------------------------- ---- .................. --............ ........
22
l92 Permits and Reporting .................... _,~............ ------------ '------- -'..-'_.......
24
ARTICLE 20-ESTOPPEL CERTIFICATES ....... --.--..............................
------25
ARTICLE 21- CONDITIONS AND COVENANTS ... ....................... ^...................... '~...... ...
25
ARTICLE 22-NNO WAIVER OF BREACH ---------- ----------------------------- ------ ---- ....... ........
25
ARTICLE 23-1OEdE0F THE ESSENCE. .............. .^...................
25
-.......... ....................
ARTICLE 24- COMPUTATION OF TIM.......................
25
-.......... -^'.........................
ARTICLE 25- SUCCESSORS ININTEREST .... _........ .... .... __..... ,......... -...... '.... _
26
ARTICLE 26-ENDME AGREEAWNT ............................ _'-..............................................
Z6
ARTICLE 27- GOVERNING LAW ............. ....... .... ... ...... —.~.'....................... ..............
26
ARTICLE 28-PARTIAL __-..--.-'----'---'_-
......
ARTICLE 29- RELATIONSMP OF PARTIES ....... ......... ...........
26
...... ............. '.................
ARTICLE 30 - INTERPRETATION ........................... --- --............... ............ _-.......... ......
26
ARTICLE31~CAPTIONS _--,...... _..................................................................................
-26
ARTICLE32 ~AdVoxunDMmNT.-_-
... --- ......................................................... ...... ........... -27
ARTICLE33-NOTICES
.......... _--,----...... --........ .... .----..... --------------------------
27
ii
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AWNDED AND RESTATED LEASEAGREEMENT
TIUS A NIlED AND RESTATED LEASE ACxRVK 4 X-N1r (tire "LEASE") is made
by and between the CITY" OF SEWARD (the "CITY"), a municipal corporation located in. the
Kenai Peninsula Borough, State of Alaska, whose wailing address is P.O. Box 167, Seward,
Alaska 99664 and Seward Pacific Resurrection Bay Seafoods Inc. (thQ "LESSEE"), an Alaska
corporation whose mailing address is P.O. Box 1710 Seward, AID 99664.
Y4r1 EREA.S, LESSEE is currently occupying the Leased Land (as dofixaed in Section 1.1
below pursuant to various leases and most remitly pursuant to that ccrtaun Ground Lease
(Contract No. 91-07), dated September 6, 1991, as aniended by Estoppel certificate dated March
6, 2006, as evidenced by a Assigament aztd .Asstimpt.ion of Lease .recorded July 1, 19%, in BOOIC
82 at Page 92, Seward Recording Distdct, Third Judicial District, State of Alaska (collectively, the
"ORIGINAL LEASE") and desires to continue to lease the Leased Umd; and
WHEREAS, the City Council of CITY has determined that a ContinuQd< lease of the Leased
Land (as defined below) to LESSEE for the purposes described herein, would be in the public
interest; and
WHEREAS, pursuant to this LEASE, CITY and LESSEE desire to amend and restate the
ORIGINAL LEASE in its entirety; and
WHEREAS, neither CITY nor LESSEE intends that anythiikg in. this LEASE shalt be
construed as a novation of the ORIGINAL LEASE, and this LEASE shall not affect a novation of
the QRIGINAL LEASE; and
WHEREAS, it is the intent of this LEASE to transfu frown CITY to LESSEE the entire
burden of compliance with environmental regulation$ or coutrots with respect to LESSEE's
operations on the Leased Land.
NOW THEREFORE, for and in consideration of the mutual promiscs and covenants
hereinaffi�r contained, the parties hereto agree as follows;
ARTICLE I LEASED LAND
1.1 Description of Leased Land, The Leased Land is located in the City of Seward., Alaska -
The .Leased Land is described as follows.
Portion of ATS 1 `7'4(Parcel A. & B), Seward Xeco;rding District, Third Judicial District,
State of Alaska, consisting of approximately Parcel A 19,756sq ft and Parcel B 33,572sq
ft, mare or less (thc "Leased Land') (Tax Parcel ID 14823009 and Parcel B ID 14823010)-
The Leased Land is also depicted on the attached Exhibit A, and B, which is
inoorporated herein by rc£ezemce.
to
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0.=sl23:'2 2 2 11: 39 1907 4:??23 R°ESURECTIOP BAY SEAFD PAGE
1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the
date hereof, any appurtenant easements or rights of way, and any reasonable restrictions
unposed on the Leased Land as part of recording of a plat 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 far the full term of this LRAS&
1.3 Property Acce-pted "As -is. " LESSEE acknowledges that it has inspected the Leased Land
and accepts the same "as -is" and without reliance on aw expressed or implied
representations Or warranties of C" (other than the representations in Section 1.2
heroot), or agents of CITY, as to the actual physical condition. or oharacteristics thereof
and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto,
1,4 Permits. LESSEE, at its sole cost, sliall obtain all permits necessary to the construction
and operation of its facilities on the, Leased .Land, CITY may from time to tine, upon
request of LESSEE, execute such documents, petitions, applications, and authorizations as
may he necessary, as the underlying fee owner, to file with an agency or public body
responsible therefor an application for conditional use permits, zoning and re -zoning,
tentative and fittal tract approval, or precise plan approval that may be required for the
lawfW constructxosa and operation of the facilities of LESSEE pez'rt'ritted on the Leased Land
by the terms of this LEASE. However, nothing in this Section shall be construed as
requiring CITE" to support or approve any such application or permit requests, if the
agency or public body responsible to approve or grant such application oT pertait request
is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward
procedures, the same as any other applicant making similar requests of the City of Seward,
according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of
the City of Seward. NrtWng in this Section imposes any dirty or responsibility on CITY
to assist LESSEE in obtaining any other pits or approvals, including without limitation
those required by the U.S. Army Cops of Engineers (e.g., wetland fill permits), the
Environmental Protection Agency (e.g,, Clean Air Act permits), the Alaska Deparonetit of
Public Facilities and Transportation (e.g,, i ight-of-way permits), the Alaska Department of
Fish and Came, and the Alaska Department of Envirwm icatal Conservatiou.
1.5 Platting. If LESSEE requests a replat of the Leased Land, CITY shall assist LESSEE in
the preparation and filing ofthe replat, and LESSEE shal]! reirnbrirse CITY for OTY's casts
in assisting with the preparation and filing of the replat. In the event CITY elects to replat.
LESSEE agrees to sign the plat and any other documents necessary to complete the platting
or replatting of any area including all or a portion. of the Leased Land. LESSEE shall
accept reasonable restrictions, easements, or plat .notes as .may be rewired by CITY or
other governmental authorities as a corditior�. to filing the plat of the Leased Land or the
plat of CITY -awned real property adjacent to the :Leased Land.
1.6 Development of Li aced Land LESSEE shall continue to operate a fish processing
facility, and other rises necessary and incidental to the foregoing, through the term of this
LEASE. LESSEE understands that construction and operations of its marine related
business is a major consideration for the CITY's agreement to lease the Leased Land to
2
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LESSEE. LESSEE dill not operate any other unrelated business on the Leased Laud
without the consent of the CITY,
a) Cam'' may withhold its consent as to any proposed business or activity which, in
CITY's sale discretion, is not desirable or compatible with the CITY's operation of
the City of Seward,
b) In accordance with the provisions of Articlo 12, no assignment Or sublease shall be
permitted, unless approved in vqititg by Cam'", Any sublease shall be expressly
subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY
maY elect to not approve any proposed assignment or sublease that might resith in a
business or activity that, in the CITY's sale, discretion, is undesirable and/or
incompatible with the CITY's Comprehensive Plan-
1.7 Anaendrnent and Restatement of ft-inai Lease. To accommodate, LESSEE'S existinS
fiwancing, this LEASE amends and restates in its entirety the ORIGINAL LEASE. This
LEASE does not evidence a termination of LESSEE's leasehold interest in, zror a re -leasing
of, the LEASED LAND. Such leasehold interest of the LESSEE in and to the Leased Land
pursuant to the ORIGINAL LEASE shall be continuing in all respects, as amended and
restated by this LEASE. The parties do not intend for this LEASE to be a novation of the
ORIGINAL LEASE, and this LEASE shall not affect a novation of the ORIGINAL
LEASE.
ARTTCLE 2 - LEASE TERM
The term of this LEASE (the ",ease Term") shall be in accordance Mth CITY's
authorization in Resolution No. 2022- (tire "Resolution"). The Lease Term shall commence
on the; date this LEASE is signed. by CITY and that date shall be the effective date of this LEASE
(the "Effective Date"). The Lease Term shall turf for approximately 20 years from the Effective
Data, ending at rnidniglxt on March 29, 2042_ LESSEE shall have the right to extend the fern of
this LEASE for 2 additianal 5-year periods, provided that:
a) LESSEE exercises its option to extend at least one hundred and eighty (180) days
prior to the expiration of the their current lease ten-n;
b) LESS>rE is riot in default under any term or pmNi.s on of this LEASE,
c) LESSEE shall exercise its options to extend by sending* written notice >1 accordance
With the provisions of Article 33 of this LEASE.
ARTICLE 3 - RENTAL RATE
3.1 Initial Rental .Rate. Commencing on the Effective late of this LEASE through June 30,
2022, the annual rental rate for the Leased Laird shall be set at $9;400- Rent shall be
payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance
of the current quarter) and thereafter on or before the 20th day of the month beginning each
calendar quarter: 3anuary 20, April 20, July 20 and October 20. The amount of each
3
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19072243723
RE 1JFEGTI0K3A`1' SEAFD PAGE 07r'35
quarterly payment shall be ou.e-quarter of the annual rental rate as initially established or
later adjusted under this Article 3.
12 Rental Adjustruents. 'Tbe annual rental payment shall be adjusted on July 1, 2022, acid on.
the same date every five years thereafter (each. a "Rental Adjustment Date"). Th.o adjusted
amnuai rental payment to be paid under the terms of this Lease shall be the appraised fair
market recital value (the "Fait- Market Rental Value") of the Leased Land at the highest and
best use of the Leased La.ad. The highest and best use of the Leased Land shall be
Bete fined without regard to LESSEE's intended or actual use of the Leased Land witless
that use is coi.ncideutally the highest and nest use of the Leased Ladd. C=shall complete
such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety
(90) days before each Rental Adjustiueiit.Date.
3.3 PrOcedUre for Rental Adjustment_ To adjust the rent as of atiy successive Mental
Adjustment Date, MY shall, at its Own expense, retain an independent State of Alaska
certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair
Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive Of
improvements placed thereon by LESSEE at any time but inclusive of all improvements
made by CITY (including those Made by CITY -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 detennin.ation of Fair Market R=tal Value of the
Leased Land shall constitute a final binding determination of the Fair Market Re;u.tal Value
and the adjusted annual rental rate until the next Rental Adjtistwont Date, unless LESSEE
objects to CITY's appraiser's determination of the Fair Market 'Rental Value. in that case,
LESSEE shall give written notice to CITY of -its objection within thirty (30) days of receipt
of the appraiser's report, and LESSEE shall then engage ari independent Mate of Alaska
certified MAT appraiser (Member, Appraisal Institute) at LESSEE's expense to make art
appraisal of the Fair Market Rental VS1ue- in accordance with this Article 3.
If LESSEE's appraisal determines a Fair Market Rental Value that varies from that
determined by CITY`s appraisal by no more than twenty percent (20%), then the adjusted
rental rate shall be the average of the rental rates determined by the two appraisals. If
LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's
appraisal by more than twenty pere~ent (20%), then, finless CITY and LESSEE agree on a
rate themselves, the adjusted annual rental rate of the Leased Laud shall be determined in
accordance with the arbitrati.ori provisions contained in Article 19 of this LEASE.
3.4 I flea ajLaie ,4ppraisal by CIS If #or any reason, CITY does not complete; the appraisal
or deliver a copy afthe appraisal report to LESSEE ninety (90) days before the Rental
Adjustment Date, CITY Wray proceed to complete the appraisal or deliver a copy of the
appraisal report to LESSEE at anytime thereafter. Ilowever, y snolx adjusted annual
rental rate shall not be effective until the quarterly payment due date immediately following
the date CITY delivers the appraisal report to LESSEE.
3-S Appraisal by LESS' T. 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
4
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03 2,1-:1, 2022 11:29 13072243 23 PF-SURECTIFINBA" _LEWD PAGE 08135
LESSEE by the Rental Adjustment late, LESSEE may engage an indeplmdent Mate of
Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to
make an appraisal under the terms of this Aricle 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 LESSErs appraiser's determination of the Fair
Market .Rental Value, CITY shall give written notice to LESSEE of its abjection wi.thin,
thirty (30) days of receipt of the appraiser's report, and OT'Y shall then engage an
,dependent State of Alaska certified MAJ appraiser (Member, Appraisal Institute) at
Cny's expense to naake an appraisal of fhice Fait Market Rental Value as of the Rental
Adjustment Date and in accordance with this Article 3. If the CrTY's appraisal clet>errniries
a 1<air Market Rental Value that varies from that determined by LESSEE's appraisal by no
more than. twenty percent (20%), them the adjusted rental rate shall be the average of the
rectal rates determined by the iwo appraisals. If the CITY's appraisal determines a Fair
Market Rental Valve that varies from LES3SEE's appraisal by more than twenty percent
(20%), then, unless CITY and :LESSEE agree on a rate thmselves, the adjusted annual
rental rate of the Leased Land shall be determined in accordance with the arbitration
provisions contained in Article 19 of this LEASE.
3.6 Effective .Date ofAdjusted Rental Rate, The adjusted annual rental rate established by this
Article 3 shall apply as of the Rental Adjusb.-neat Date if CITY provided a copy of the
appraisal report to LESSEE no later thart ninety (90) days before the Rental Adjustment
Date. If the adjusted annual rental rate is based on. CITY's late appraisal or late delivery of
the appraisal repot to LESSEE, the adjusted rental rate shall be effective beginning with
the quarterly rental payment due date immediately following the date the CITY delivers
the appraisal report to LESSEE. Notwithstauding the above, the exercise by either QTY
or LESSEE of the objection procedure relating to rental adjustment described in this Article
3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY.
LESSEE shall pay the amount of rent as established or adjusted by CITY until the questiozr
of objection to the rental rate is finally resolved. At such time the objection to tine rental
rate is resolved, an apprppriate credit or adjustment shall be made retroactive to the date
the new rental rate was established by C= or in cases where CITY failed to obtain an
appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment hate.
3.7 Int8rim Rental Adjustments. For each year in the period betwom. each Rental AcJugtment
Date, excepting the Rental Adjustment Dates, the azmpal rental payinerit shall be increased
beginning July 1, 2022 and on July l of every year thereafter (each au "Inwrim Rental
Adjustment Date") iA an amount that reflects the increase, if any, in the cost of living for
the previous year as stated in the Consumer Price Index, .All Urban Consumers, Anchorage,
Alaska Area, All Items 1967=100 ("CI'I"), as published by the Urulted States Depart eat
of Labor, Bureau of Labor Statistics for the most recent period published irwnediately prior
to the Interim Rental Adjustment :pate, in no event shall the rent be; less than the previous
year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised
or other index as most nearly approximates the CPI for the .relevant p4 ;rlod, and nmke,
whatever adjustment in its application as may be necessary, in the CITY's sole discretion,
12:21,07 p.m. 03-21,-2022. 9 1 19072243773
03/23/2022 11:39 15072243723 RESURECTIOhaBA`,` SEAFE, PACE 09/35
to accomplished as nearly the saute result as if the CP1 bad not been revised or ceased to
be published.
3.8 Late Paymenr Charge_ Rerxtal payments z1.0t received by the due date shall bear interest
until paid at a rate of 10.5% per annum, or the maximum rate permitted under ,Alaska law,
whichever is Iess, plus a flat monthly late fee of $2.50, or such amomt as may he
established from tij]xe to time by CITY ordinance or resolution and relating to late fees for
CITY leases generally,
ARTICLE 4 - USE OF LEASED LAN❑
4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land
by LESSEE has been, determined by the City Council of CITY to be iti the public interest.
LESSEE may use the Leased Land for fish processing, and other marine oriented business,
4.2 ObligatiOns of LESSEE. LESSEE may use the Leased Land only in accordance urith
Wlieable My zoning code provisions and provided the following conditions axe met:
a) The Leased Land is to be completely cleaned- and restored to its original condition,
that is, the condition existing prior to tbi4 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 Lazed except as permitted in Article 19 of this LEASE.
c) LESSEE shall not use the Leased Laid in any manner or construct any facilities
thereon which would i4ibit the use of adjacent or other lands,
d) LESSEE shall, operate a fish processing, cold storage, and other rn; ..iae oriented
business on the Leased Land_
e) Any changes to this site require prior CITY approval, through the City Manager
43 7Vo Preferential Rights to US8 Public Facilities. This LEASE does not grant to LESSEE
any exclusive rigltts to use any public port facilities constrtncted or operated by CITE.
LESSEE will, be subject to any tarns, procedures, rules, and regulations of CITY
concerning the use of such facilities as they may now exist or from time to time be
amended, ar)d LESSEE sball not be entitled to guy exclusive use.
4.4 Adequacy of Public Facilities_ CITE' makes no representations or wanuties as to the
fitness of any paz-ticular part or the, whole of CITY's public facilities for the uses intended
by LESSEE, and LESSEE has impeded those facilities and has satisfied itself ftt the
facilities arc sufficient for the intended uses by LESSEE. CITY makes no representations
Or warranties of any nature vn ith respect to the corru ercial. practicability or accaracy of an.y
Worniation provided by CITY.
6
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03t 231 0 2 I1:39 19072 43?23 FU3URECTIOHBA`V SFAFD PAGE 10135
4.5 Tariffs and Other Sen iee .Fees, MY shall have the right to x,,aake axrxexadm mts to .its
tariffi, regulations, and ,scheduled fees froin time to tiw , even if those adjustments $halt
cost LESSEE more For its operadoixs ox use of publio facilities, and. CITE' is free to do sc,
provided only that it does trot impose any greater burden. or higher rate upon LESSEE than
upon any other similar user of the paabli.c facilities.
4.6 Time for Payment of Uzilities and Taxcs. LESSEE will pay for utilities and taxes related
to operations an the Leased. Land and LESSEE's interest in this LEASE and improvements
thereozu, if any, before such obligations became delinquent; provided that LESSEE may is
good faith and before such delinquency, contest any such barge or assessment.
4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and
additional tenants for space, including those who would be in competition with LESSEE
or who might be interested in leasing the Leased Land should this LEASE be terminated
for any reason.
4.8 Use of Public .Docks and Fort Facilities. public docks are subject to port and harbor rules
and regulations as adopted by City Council.,
4.9 Adequacy of Public Facilities. The City inakcs no representations or 'warranties as to arty
particular part or the whole of CITY's public facilities with respect to their fitness for the
uses intended by LESSEE. Tea. particular, LESSEE has had an. opportunity to review
MY's keceai: issance Studies for repair and upgrade of the Lowell Canyon Diversion
Tunnel project. CITY wakes no representations or warranties of any kind with respect to
the preset adequacy of the Lowell Canyon. Diversion. Tuzxael facilities including the spill-
way and otitfall located near the Leased Land, nor does CITY kerby undertake any special
obli.gati«.ns to repair, replace ox refurbish that facility in order to provide flood and disaster
protection for LES SEE's operations farom and near the Leased Land_ LESSEE has
examiued the plants and specifications of those facilities and has satisfied itself that the
capacities of the facilities are sufficient for the intended uses of Leased Land by LESSEE.
4.10 .Risk of Adjacent F&Jlifies Including Lowell Canyon Diversion Tunnel, Access Road and
E(mements, Lessee will not use the land in any maimer or construct any facilities thereon
Which would inhibit the us of adjacent or other lands including the existing Lowell Canyon
Diversion Tunnel, the existing Lowell point access road and easements (including the
sewage line to the Seward sewage lagoon).
If any operations or Construction by LESSEE might adversely affect the safety of
nearby public lands and facilities or pose a risk to the public health or safety, CITY may
engage an independent ea&er:nng consultant who shall f ni ish to C'.IT'Y' a Comprehensive
survey and report for the purpose of establishing whether the work by a LESSEE poses an
unreasonable risk to the public, and if that survey discloses an unreasonable risk then
LESSEE shall pay the costs of the survey anal the immediately take whatever remedial
steps are reported as necessary to eliminate that risk or reduce it to an acceptable level,
If LESSEE disputes the CITY's selection of an engineer, the it shall promptly, a[ad
within. 10 days of such selection provide CITY -M.th the naives of tree independent
engineering consultants and CITY may utilize any one of the three listed by the LESSEE,
7
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A-2 231202,2 11:39 19072243723 PESURECTIONSAY !-;EAFD PACE 11135
or ill the altermltive, CITY may submit the names of two additional engiuoem. The. parties
then shall promptly meet and mutually agree on an acceptable engineer. If they are unable
to agree within five, days of the date LESSEE has submitted its list, then both parties shall
promptly and confidentially rank their choice of eaagimeets in the same manner as that
utiliZed by the American Arbitration, Association to select a single arbitrator. The, engineer
with the lowers composite score ((i.e., most preferred or least objectionable) shall be the
engineer.
ARTICLE 5 - UTILITIES AND NIGHTS OF ACCESS
5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of
Public utilities to tlae Leased Land required for LESSEE's intended operations. In so doing,
LESSEE shall comply with all CITY regulations and requirernents, and the tariffs of the
affected utilities, with respect to the constructiork of those utilities. CITY agrees to
cooperate and assist the LESSEE, through cowultation and review, in. LESSEE's planning
and engineering of those improvements. All utilities will be located and sized in
accordaraoe to CITY's Master Plan for the area leased.. All such construction shall be in
compliance witb all applicable building, mechanical and fire codes. >~Uti,lities constructed
by the LESSEE within_ the public rights -of -way or within public utility easements will
normally be accepted and rnahitained by CITY or utility companies and may be used to
serve other rustornors of CITY''s without Payment of fees orreimbursement: of constructio:n.
cost to the LESSEE. However, this does not preclude several lessees from agreeing to
share the cost of co tructing a utility to serve their facilities. CITY or other utility
company may detennine that it would be to their benefit to oversize the utility or install
special fittings or equipment in order to serve other existing or future users. The additional
direct costs of such oversi&g shall be borne by CTFY or other utility company, Such costs
shall be limited to the supplier's cost of the additional. fittings, equipmenC direct labor, and
equipment costs to complete the installation.. The costs of oversi_Ting pipe or electxicaal
conduit shall be Iixnited to the difference between the supplier's price to provide the size
required to serve LESSEE's facility and the price of the oversized material required by
CITY or utility company.
LESSEE shall not be entitled to airy refund, rebate, or payments from CITY for any rent,
investment, or costs incurred by LESSEE with respect to any required permits for
constructioa or operation of LESSEE's facilities on the.Leased Land, it being the intent of
the parties that the ride of obtaining required permits be solely a risk undertaken by
LESSEE.
5.2 Third -Party ,Improvements. At the request of LESSEE, CITY shall, from titre to time,
execute and deliver, or join in execuition and delivery of, such documents as are
appropriate, necessary, or required to impose upon the Lased band W accordance with the
terms of this LEASE covenants, conditions, and restrictions providing for the granting of
uses of the Leased Land, or any part theteof, the establishment of party galls, the
establj,s;h aeut of mutual and reciprocal parking rights or rights of ingress or egress, or other
like matters (herein called "third -party irnproverhents"), all of which are for the purpose of
48
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03/23/2022 11:39 19072247,723 RESLIRECTIOHE"Y SEAEL? PAGE 12I35
the orderly development of the Leased .Land as a commercial unit subject, however to the
that:
a) All such matters shall be limited to the Lease Term and shall terminate upon
termination of this LEASE for whateverreason.
b) Any such matters of a permanent natme, extending beyond the Lease Terra shall not
be gratated without the prior writton approval of CAS.''. In any of the foregoiug
instances referred to in this Section, CITY shall be without expense therefor, and
the cost and expense thereof shall be bonne solely by LESSEE.
c) At the expiration of the Lease Term (including any extended period) third -party
improvements on the Leased Land other than tirade fixtures and equipment shall
become the property of CITY without the payment of any coripensation to
LESSEE.
53 F&Mlncnts. In order to provide for the orderly development of the Leased Land and
adjacent lands, it may be necessary, desirable, or required that street, rai.l.road, water, sewer,
drainage, gas, power line, and other easements and dedications and similar rights be
granted or dedicated over or within parrions of the Leased Land. As additional
consideration for this LEASE, CITY acid LESSEE each shall, at the request of the other,
join with each other iu executiug and delivering such documents from time to time and
ttuoulghoaut the Lease Term as may be appropriate, necessary, or required by the several
governmental agencies (including the City of Seward), public utilities, and other users or
tenants of C,IT'Y' land for the purpose of granting such, easements and dedications; pTovided,
however, that such easements and dedications and similar rights do .riot unreasonably
interfere with LESSE,E's operations. The costs of locadug or relocating any public
easements or restrictions of record including any relocation ofpublic road, railroad, utility,
or other easements shall be at the sole cost and pensc of the pasty requestia 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 easer-nents or rights of access granted to LESSEE by CITY
need not be exclusive to LESSEE_
5.4 Delay iyz Perfomance_ hR the event either LESSEE or CITY is delayed from pet1brmance
of y of its obligations under this Lease, due to acts of Cod, coen- ics of the LFrtited States
of America, war, blookage, insurrection, epidemic, fires, floods, explosions,
o-wthquakesftsunami, the time period wherein such gerfOITM ace is to occur shall be
extended by that amount of time necessary to compensate for the delay.
ARTICLE 6 - CONSTRUCTION BY LES$E+E
6.1 Improvements on Leased Land, LESSEE shall. have the right to erect, maintain, alter,
remodel, recomtaruct, rebuild, ]wild, and/or replace buildings and other improvements ou
the Leased Land, subject to the following conditi.on.s:
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a) The cost of any construction, reconstruction, demolition, or of any changes,
alterations, or improvelnents, shall be borne and paid for by LESSEE.
b) The Leased Land shall at all times be kept free of mechanic's atnd tnaterialmen'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 6-ur vey) for the Leased Land
prior to commencement of construction.
d) LESSEE is solely responsible for resurveying and locating improvements on the
Leased rand in ssach malauer riot to violate building setback requirements or
encroach into iights-of ways or ea~serneuts. On completion of any improvements,
LESSEE shall provide CITY a copy of an as -built survey depicting the
improvements as completed can the Leased Land,
e) Any general contractor employed by LESSEE shall be appropriately bonded by use
of performance and labor and material payment boiids in the customary form when
cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000).
Copies of all such bonds dual). be fished to CITY prior to comniencemew of
construction. If the cost of the work is less than FIM THOUSAND -DOLLARS
($50,000), ,LESSEE shall provide CITY, if no performance and labor and material
bonds are provided by LESSEE, any necomary asstuances or guaraaatees that the
contemplated work will be performed by the general contractor or by LESSEE_ In
the event that LESSEE elects to construct the facility %rith its own personnel and
egWpment, or the persorolel and egtdpment of any corporation or pexsozi that is an
"affiliate" of LESSEE as such tem is defined in AS 10.06.990(2) or Alaska limited
liability company in which LESSEE. maiutaim, a substantial membership interest, a
performance bond shall be required when the cost ofth4e work is equal to or exceeds'
FIFTY THOUSAND DOLLARS ($50,000).
f) CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility
for any improvements constructed or effected by LESSEE on the Leased Laud.
g) LESSEE shall comply with all federal, state, anal local statutes and regcilati.ozrs -,zTitlt
respect to such constmetion, including, but not limited to, all applicable building,
mechanical, and fire codes.
6.2 City .Review of Construcdon. CrN shall have the right to review initial plans, including
those supplied to CITY under Sectiou 6,1 hereof, and any future changes or additions to
LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the
cor imencerttent of construction. CITE' shall have the right to comment upon that design
and to require LESSEE to make reasonable changes so as to avoid interfe rencc with public
operations, but the exercise of these rights shall not imply a- y obligation to do so nor any
obligation to do so in a particular way. LESSEE shall construct the facility in accordance
with final design specifications approved by CITY. CFTY's representatives may monitor
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the work and shall have access to the site at all reasonable times. LESSEE shall be solely
responsible for completing all improvements according to LES EE's plans azkd
specifications and shall bear all risk, responsibility, and liability for properly surveying the
Leased Land before construction and to place all improvements on the Leased Land
without encroaching upon any land, easements, rights -of -way, or setback requirements.
LESSEE shall obtain the usual and customaryper'forman.ce guarantees from its contractors_;
akid CITY shall be named as au additional insured.
ARTICLE 7 - RIETURN OF LEASED LANW81TE CONDITIONS
7.1 Return of Leased band in Original Condition. Subject to the provisions of Article 11,1
herein, upon ten ination of this LEASE for any reason, LESSEE shall return the Leased Land to
CITY in the same condition as at the commencement this LEASE, subject to normal, non -abusive
use. The Leased Land shall be free of all Hazardous Materials and eantaMiAatioR arising out of or
resulting from or occurring during LESSEE`s operations or use of the Leased Land during this
LEASL.
ARTICLE S -)FORCE MAd'EuRE
In the event either LESSEE or CITY Is delaved from performance of any of its obligations
under this LEASE due to acts of nat ire, acts of the errernies of the United States of .Ame6ca.
sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquakeftsurk=i, civil
disturW ce, or war, the time pmiod wherein such performance is to occur shah be extended by
that amount of time necessary to compensate for the delay.
ARTICLE 9 m LESSEE`S ACTS OlF DEFAULT
.Eacb of the following shall be a "LESSEE Act of Default" under this LEASE and the tez'aias
„acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more
of'the following events:
9.1 Failure by LES SEE to .pay promptly when due, and in no event later than twenty (20) days
from the due date thereof, the rent required to be paid under this LEASE,
9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE for a period, of thirty (30)
days after written notice specifying such failure, requesting that it be remedied, and stating
That it is a notice, of default, has been given to LESSEE by CITY; provided, however, that
if ,said default is such that it cannot be corrected within tlke applicable period, it shall not
constitute an act of default if co1Tective action is instituted by LESSEE within the
applicable period and diligently pursued until the default is corrected.
9.3 Failure by LESSEE to observe, fulfill, or perform any covenants, conditions, or agreements
on its part to be observed or performed under this LEASE, other Haan payment of rent ar
compliance with Section 4.1, for a period of thirty (30) days after writts i notice specifyiri
such failure, requesting that it be remedied, and stating that it is a notice of default, has
been givers to LESSEE by CITY, provided, however, that if said default is such that it
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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 snaking by LESSEE ofaa assigrlxuent for the benefit of creditors, the filing of petition
in bankruptcy by LESSEE, the adjudication of LESSEN as insolvent or ba.txkmpt, the
petition or application by LESSEE to any tribunalfor any receiver or any trustee for itself
or for any substantial part of its property, or the comwcacement of any proceeding relating
to LESSEE under any bankrupwy, insolvency, reorganization, arrati.90ment, or
readjustruent of debt law or statute or similar law or statute of any judsdicti.on, whether
now or hereafter in effect which shall remain un-dismissed for a period of six (6) months
from the date of cornmencement thereof
9.5 Violation by LESSEE of any laws or regulations of the limited Mates, or of the State of
Alaska., or arty conditions of any permits issued by agencies af- the City of Seward, the
k enai Peninsula Borough, the State of Alaska, or of the United Mates Government
applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such
agencies, for a period of sixty (60) days after written notice specifying such lzolation Hass
been given by the agency charged with the enforcement of such laMrs, regulations, or
permits to LESSEE; provided, however, if such violation be such that it caruaot 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 pursiaed until the
violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through,
appropriate judicial or administrative channels, the time period specified herein shall not
commence until such proceedings are finally deterinined provided such proceedings are
diligently pursued; provided, however, that any such oxtensior> of time shall not be
effective if the effect of the interim adrninistrative or judicial action is to cause a stoppage,
intetniption, or threat to the activities of any person or entity other than those of LESSEE,
9.6 Failure of LESSEE to maintain its operations within the Leased Laud or to keep the public
rights of way clean for a period of thirty (30) days after written notice specifying such
failure, requesting that it bee remedied, atd stating that it is a notice of default, has beezi
given to LESSEE by CITY; provided, however, that if said default is such that it coot be
corrected within the applicable period, it shall not constitute an act of default if corrective
action is instituted by LESSEE withbi the applicable period and diligently pursued until
the default is corrected.
ARTICLE 10 - RYMEDIES FOR DEFAULT BY LESSEE
Whenever an act of default by LESSEE shall have occurred, acid any applicable period for
giving notice and any opportunity to cure shall have expired, CITY s;bA have the folio% ng
rights and remedies all in addition to anyrights aud remedies that may be given to MY by statute,
ccrmmm law, or otherwise:
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10.1 CITY may distrain for rent due any of L1 SSEE's personal property which comes iu.to
CITY's possession. This remedy shall include the right of CITY to dispose of personal
property distrained in any commercially reasonable rzra.nrter. It shall be conclusively
presumed tb.at conxpliance with the procedures set forth xn the Alaska CTztifOrM Cotmnercial
Code (AS 45.20.601-.628) with respect to sale of property shall be 'a commercially
reasQzaabte disposal. Notwithstanding the foregoing, CITY agrees that its rights set forth in
this Section 10.1 shall bo jimior to the rights granted to any Lender (as defined in Section
12.2) under a Security kasmmient (as defined iti Section 1u.2.), and CITY's consent is not
required for a Lender to enter upon the LEASED LAID and assemble, have appraised,
display, sever, remove, maintain, prepare for sale or lease, advertise, inspect, repaiz•, lease,
transfer and/or sell (at public auction or private sale), take. possession of, or othezwise
enforce such Lender's security interest in LESSEE's personal property or other assets
located on the Leas
0d Land in which such Lender holds a secun ity interest.
10.2 clay inay re-enter the Leased Land and take possessi= thereof and, except for any
persoraal property of LESSEE which CITY has waived its right to distrain under Section
10.1 above, remove. all personal property of LESSEE from the Leased Land. Such personal
property may be stored in place or may be Temoved and stored in a public warehouse or
elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all
of wbi.ch: LESSEE expressly waives.
10.3 Tn addition to the above;, CITY may.
a.) Declare this LEASE terminated,
b) Collect any and all rents due or to become dice from subtenants or other occupants
of the Leased Lamm;
c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable
attorney's fees and all other expenses incurred by CTTY by reason of the breach or
default by LESSEE;
d) Recover an amount to be due immediately on breach equal to the unpaid rent for
the entire remaining term of this LEASE.
e) Recover all damages incurred by CITY by reason of LESSEE`s defaidt or breach,
in.cluzding, but not limited to, the cost of recovering possession of't1le Leased Land,
expenses of reletting, including costs of necessary renovation artd alteration of the
premises, reasonable attorneys fees, and any real estate commissions actually paid.
fj Remove or require the removal of any improvements constructed without CITY
approval (when stach approval is required under this LEASE) or constructed
contrary to site development plans approved by CITY and recover all. costs and
expense ineruTed by CITY to remove violating improverndnts.
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10.4 If LESSEE does not immediately Surrender possession of the Leased Land after
terruhiation. by CITY and upon demand by CITY, CITY may Forthwith enter into and upon
and repossess the Leased L-nkd. and expel LESSEE without being deemed g ffly in any
mam)er of trespass and wi,tbout prejudice to any remedies which might otheiwise be used
for arrears of rout or breach of covenant.
IM No expiration or terminationof this LEASE shall expire Or terminate any liability or
obligation to perfonu of LES EE's which arose prior to the termination or expiation
except insofar as otherwise agreed to in this LEASE.
10.6 Each right and remedy of CITY provided for its this LEASE shall be cumulative and shall
he in addition to every ether right or remedy provided, for in this LEASE or now or hereafter
existing at law or in equity or by statute or otherwise, and the exercise or beginning of the
exercise by CITY of any one or more of the .nights andremedies provided for in this LEASE
or now or hereafter existing at law or in equity or by statute or 0tixerMse shall not preclude
the simultaneatls or- .later exercise by CITY of any or all other rights or remedies provided
for in this TEASE or now or thereafter existing at law, or in equity or by statute or
otherwise.
1 U_7 No delay or omission to exercise any right or power aecrai.ng followi.ag an .act of default
shall irnptftir any such right or PuWP-r or shall be construed to be, a waiver thereof, but auy
such right and power may be exercised from time to time and as often as may be deemed
expedi(-,nt,
10.8 Notw tbstanding any other provision. of this .Article X, if this LEASE is rejected in a
bankruptcy or'i.Usvlvency proceeding or terminated due to L•ESSEE's breach of Section. 9.4
above, upon. Lender's written request made not More than forty (40) days after this LEASE
is rejected, CITY will enter into a r)ew lease of the Premises Mth the nominate of such
Lender for the remainder of the term of this LEASE, at the same rent and under the same
terms and conditions set Forth in tb.z LEASE. All sums due and owing to CITY under this
LEASE shall be paid at the time of execution. of'the new lease.
ARTICLE I I - MLE TO IMPROVEM&NTS INSTALLED)BY LESSEE
11.1 .Real Property .Cnzprovements, All iMPTQvements constructed. by LESSEE or its
predecessors on the Leased Land or on easements to or from the same, such as buildings.,
warehouses, conveyor systems, ditches, sewer fines, water lines, dikes or berms and similair
WapMvements, are the property of LESSEE and shall be removed by LESSEE at the
termination of this LEASE. for any reason. All such irnpirovements that are not removed
by LESSEE. prior to the tenrninatioa of this LEASE shall become the ,property of CITY
upon tennination of this LEASE for any reason; provided, however, that CITY may require
LESSEE t4 remove any improvements desiA4iated by CITY and without cost to CITY by
giving notice to LESSEE of such requirement not more than 10 days after termination of
this LEASE and sooner if possible. LESSEE shall .have a period not to exceed three
hundred sixty-five (365) days after LEASE termination or L.F.,SSEE's receipt of such notice
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(whichever is Later) in which to remove such itmproverraews, and LESSEE shall pay recut
during such time, and shall coat alas to pay public utility bills until it has completed the
reinoval obligations described in this Section :11,1.
11.2 Personal Properly. Any other provisions of this LEASE to the contrary rtotwMstanding,
LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly
remove, in no event later than ninety (90) days from the termination of the LEASE, trade
fixtures and equipment from the Leased Land provided that LESSEE shall repair any
damages to the Leased Land caused by such removal..
ARTICLE 12 - A,SSIGNIVIIENT OR SUBLEASE
12.1 Assignment of Lease or "Subleasing. The parties recoil- ize 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 approvitzg Resolution. The :rights and duties created by the LEASE are personal to
LESSEE and CITY has granted the. LEASE in reliance upon the business character and
financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this
LEASE without CITY's prior written consent, 43 CIT Y's sole discretion.
1.2.2 Assignwent of Lease for Securio, Notwithstanding Section 12.1 above, LESSEE may
assign, encumber, ox mortgage its interest in; this LEASE or izrrpxovements on the Leased
Land, by deed of trust or otb.er security instrument (the "Security Instrument"), to (i) the
State of Alaska to secure the LESSEE's tax Qbligations, and (ii) one or more entities
engaged in the bminess of loaning money for LVSSEE's developmeO of or operations on
the Leased Land (each beneficiary natned in such Security Instrument refeued to
hereinafter as the "Linder"). CITY's consent is not required for any Security Instrument
as described herein, or any loan documents related to the sarrie (or any amendment,
modification, restatement, supplement, renewal or substitution thereof), but upon a
Lender's request, CITY shall execute a consent to the Security Instr.ect or include
consent language in an estoppel certificate provided to MY pursuant to Article XX of
this LEASE. If requested by a Lender, CITY shall furnish such Lender, at the address
provided to MY by Lender in writing, with notice of any default or breach of LESSEE
under this LEASE. Lender shall have the right (without being required to do so and without
thereby assuming the obligations of LESSEE under this LEASE) to make good such default
or breach within thirty (30) days after receipt of Stich written notice specifying such. breach.
Notwithstandiagg the provisions of Article 10 above, no "LESSEE Act of Default" shall
exist until expiration of thirty (30) days after such notice is furnished. to .Lender; provided,
a) If Lender, with respect to any default or breach other than a failure to make any
required paymcnt of rent or other mortey, shall undertake within thirty (30) days
after notice to ctire the default or breach and shall diligently and in good faith
proceed to do so, CITY may not terminate this LEASE or Telet the Leased Land
unle, s Lender fails tocure the default or breach within a reasonable period of time
thereafter; and
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b) If the default for which notice is given is a breach, of Section 9.3, CITY -;.M11 not
exercise any of the remedies afforded to it under Article 10 above so long as
LESSEE or Lender remains in possession of the Leased Laird and satisfies
LESSEE's obligations un.dcr the terms of this LEASE.
This LEASE shall. not be terminated upora foreclosure or otirer assertion by Lender of its
security interest as long as all obligations of LESSEE under tb_e terms of this LEASE
continue to he performed. Any assignee, purchaser at a foreclosure sale, or transferee
shall agree to assume this LEASE and be bound by each and every term of tlxis LEASE_
No amendrneul, modification or terrrtixtation of this LEASE prior to its expiration date shall
be e&ctive at any time that the Security Iustcameaat remains effective, unless, Lender shall
have given it!� pxxor written consent thereto, whieb conseDt small not unreascrxaably be
withheld, If at anytime the leasehold interest under- this} LEASE and the fee estate in the
Leased Land ante commonly held., such estates shall renxain separate and distinct estates and
shall not merge without the consent of Lender.
12.3 Auig-nmcwl to rljfiliute. Notwithstanding Section 12.1 above, LESSEE may assign this
LEASE to an affiliate of LESSEE or of its parent company (as the term "affiliate" is defined
by AS 10.06.990(2)) or to an Alaska limited liability company in which LESSEE or its
parent company maintain-, a substantial membership interest; provided, however, that
LESSEE's full faith and credit shall remain obligated M&T dais LEASE as though the
assigu ent had not taken place.
12.4 Assignment or Encumbrance by CITY. CITY agrees that, so long as aray Security
Instrument retrains outstaxiding, the CITY shall not encumbex its interest in the Leased
Land or under the LEASE in any respect without theprior written consent of'the LESSEE's
Lender. If any deed of trust or similar instrument encambers the CITY's interest in the
Leased Land (a "CITY Deed ofTrnst") and is senior in priority to this LEASE, the CITY"
agrees to obtain: (i) a noD-disturbaacc; agreement in form reasonably satisfactory to Lender
pursuant to which the heueficiarynamed in such MY reed of Trust agrees not to disturb
the possession of LESSEE or Lender and their successors and assigns so long as LESSEE
and Lender and their successors and assigns comply with thyiq LEASE.
ARTICLE 13 M LESSEE'S DI]'LY TO DEFEWINDEWaFY
LESSEE shall defend, inde=ify, anal hold harmless CITY, Ats officials, employees, agents,
and contractors from any and all liability or alairns for damages, including personal injuries,
environmental damage, death and property damage arising out of or resulting from LESSEE's use
of the LeaW Land or the use of tho Leased Laird. by LESSEE's sub lessees, assignees, agents,
contractor% or thepublic, except for damages arising from the sole negli-gcnce or willful acts or
omissions of CITY, its officials, employees, agents, or cottractors. If any action or proceeding is
brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly
in writing of such action or proceeding,
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ARTICLE 14 - CI'l Y S D1r7'1<''Y' TO DEFEND4NDEMMr Y
CITY shall defmd, indemnify and hold LESSEE barmless from any and all liability ter
claims for darnages, including personal injuries, death, and p operty damage arising frQm the sole
negligence or v illful acts or omissions of CITY, its officials, employees, agents, or contractors.
ARTICLE 15-11,NSUlttANCE
15.1 Minimum 1'hsuranee Requirements. Prior to comrireacement of the Lease Term o.r
LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maigtairt, at
LESSEE's sole cost andexpense, the following insurauce:
a} Commercial General Liability Insurance Policy insuring tlae Leased Premises and
LESSEE's use thereof, with a minimum limit of Two Million Dollars
($2,000,000) on account of bodily injuries or death or property damage for each
occurrence and a minin urn limit Two Millio.0 Dollars ($2,000,000) annual
general aggregate (such limits way be satisfied through a combination ofprimaty
and umbrella/eacess liability insurance). The foregoing policy(ies) shall name
CITE' and, upon request, LESSEE's lender, as additional insureds under
USSEE's insurance policy(ics);
b) Special Form Cause of Loss (excluding earthquake and flood) Property Insurance
Policy, including extended coverage endozgemeuts juswing all of Lessee's
improvements (including LESSEE's stock -in -trade, trade fixtures, furniture,
fimiishings, special equipment, floor and wall coverings, and allother items of
Personal property of LESSEE located on or within LESSEE'S improvements with
such coverage to be in an amount equal to one hundred percent (1000K) of the
replacement cast thereof. The foregoing policy shall name CITY and LESSEE's
lender, if any, as loss payee under LESSEE's insurance policy -with regard to the:
permanem leasehold improvements on the Leased Land.
c) Workers' compensation and United States Longshore and Harbor worker's
insurance covering Tenant's employees at the Leased P'remi�cs as required by
Alaska law;
d) Commercial automobile Iiability insurance for hired, ov l ►edfregistered under
LESSEE's name and non-owntd vehicle-, including contractual liability with p
single limit of liability not less than One Million and 001100 Dollars
($1,000,000.00) per accident for bodily injury and property damage combined or
such other amounts as CITY may reasonably request. The foregoing policy shall
name CITE'' -wd, upon. request, LESSEE's lender, as additional insureds udder
Tenant's insmance policy.
The minimum a'r rums and types of insurance provided by LESSEE Shall be subject to
revision at the sole discretion of CITY ba aocordance with standard insurance practices, in
order to provide continuously throughout the torn of this LEASE and any extensions
hereof, a level of protection consonant with good business practice and accepted standards
17
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0 12?J2022 11:39 1907224372 RE�-IURECTIDHBM EEAFD PAGE 21135
in the industry. Such factors as changes its the type of or extent of use of the Lease Laud,
increases in the cost of living, inflationary pressures, and other considerations, shall be
utilized in assessing whether the mitimunn insurance requirements should be increased.
CITY shall notify LESSEE of any required increase in insurance coverage. Provisions of
insurance policies required under this Section 15,1 will not be materially altered by
LESSEE during the term of this LEASE, and LESSEE will provide C1TY with proof of
insurance upon request.
All such policies shall be written by insurance companies legally authorized or lacettsed to
do business in the State of 1ltaska and acceptable to CITY (Best's Rating W- or better) -
CITY shall be listed as an additional insured under all insurance policies- LESSEE §hail
furnish CITY, on forms approved by CITY, certificates evi.denriag that it has procured the
insurance required herein prior to the occupancy of the Leased Land or operatioT) by
LESSEE. Insurance policy deductibles shall be consonant with good business practice and
accepted staadards in the LESSEE's induatry, Notbiug herein contained shall prevent
LESSEE or CITY from placing and maintaining at CITY'§ or LESSEE's own individual
cost and expease, 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 OcCUITenCe
and shall not limit LESSEE's duty to defend and indemnify CITE' for olaiuxus related to this
LEASE or the Leased Land.
15.2 , ubrogalian Rights Waived To the t xteat pernpitted by law, LESSEE hereby releases
CITY; its elected and appointed officials, employees and volunteers, and others working
on behalf of CITY from any and all liability or responsibility to LESSEE or anyone
claiming througb or under LESSEE by way of subrogation or otherwise, for any loss of
any kind (including damage, to property caused by fire or any other casualty), even if such
loss shall have been caused by the fault or negligence of the CITY, its elected or appointed
officials, employees or volunteers, or others working on behalf of the, CITY. This provision
shall be applicable and iti fidt force and effect only with, respect to loss or damage occurring
during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use
prior to the Effective Date of this LEASE), and LESSEE agrees its policies of insurance
will not contain any clause, provision or endorsement that limits LESSEE'§ light to recover
under such policy if an additional insured has obtained a waiver of subrogation.
15.3 Restoration of .buildingr and Improvements. In the event of damage to, or destruction of,
any of the buildings or improvczmc ruts situated on the Leased Lend, and to the extent that
LESSEE is entitled to any insurance proceeds resulting; therefrom, such proceeds skull be
paid. to LESSEE's Lender, to be used to restore the LESSEE's improvements in accordance
with the Security Instrument. In the event LESSEE does not have a Lender, .then the
ir>sumace proceeds shall be payable to Lessee, and Le;ssce shall either:
a) Within Dinety (90) days after payment of the insurance proceeds, commence
restoration of the buildings and improvements to their corxdition prior to such
damage, provided, however, that Lessee's obligation to restore will be limited to
the insurance proceeds available to Lessee; or
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_1_, 231'2022 11:39 19n722437'23 RESUREC,TIOPdE:-'r SEAFD PAGE 22I35
b) Apply such insurance proceeds fast to the cost of removal of the damaged or
destroyed buildings, including any debris or otlaet' nuis"ce occasioned by the
damage or destruction, and restore the Leased Land to a grade and coudit:ioh
similar to its grade a -ad condition prior to tlac construction of the buildings or
improvements thereon. Insurance proceeds remaining after the removal of
dam.ag;;d or destroyed buildings and other improvements, and restoration of the
Leased Land to grade and condition satisfactory to the City may be applied to any
indebtedness owed by Lessee to any lender named as beaef"iciazy und(-r ariv De&,
of Trust recorded against the Lessee's interest, in order of'priority of recordation.
c) Regardless of whether Lessee elects to proceed under a) or b), above, all
insiirattce proceeds shall be deposited and held in trust with a bank having offices
in Seward and/or Anchorage, Alaska, as Lessee may designate, or with Lessee's
mortgagee named in a Deed of Trust granting such mortgagee a beneficial interest
in the damaged property, and shall be made available to Lessee f'or its use in
either restoring or repairer any damaged or destroyed buildings or improvements
on the Leased Land, or removing the damaged or destroyed buildings or
improvements nd restoring the Leased Land to a grade and condition of
reasonabit satisfaction to the City. The proceeds of imsuraace shall be paid out by
such bank or wortgagee from time to time, on certifications, by the person having
supervision of the wort-, that the amount certified is being applied to the payment
of the reasonable costs of such work. Sbould the Lessee elect not to restore and
repair damaged buildings and improvements on the Leased Land, all insurance
proceeds remaining after removal of damaged and destroyed buildings and
improvements, and restoration of the Leased Land, may be applied to any
indebtedness by Lessee to any lender named as beneficiary under any Deed of
Trust recorded against the Lessee's interest, in order of priority of recordation,
after receipt of written satisfaction from the City of the restoration of the Leased
Land.
In the event Lessee elects riot to restore and repair when substantial damage or destruction
has occurred to the buildings and improvements, this Lease shall terminate, and all Lessee's
obligations hereunder shall expire, upon the date that the City certified ill writing its
satisfaction with the restoration of the Leased Land.
ARTICLE iG - CONDEMNATION
if all or any part of the Leased Land is condemned for a public use by any governinent
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 inenr;red by or done to them
respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any
award made to the other by the condemning authority provided, that in the event of a single award.
to CITY wl_rich includes specific damages for loss of LESSEE's leasehold interest, CITY shall
transmit to LESSEE the amount of such specifio darnages so found, if any or to LESSEE's Lender
if required by a Security Iristrumcnt_
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0?112312C122 11: 39 19072243 723 RESURECTIONBA''r' SEAFD PA"GiE 23;-" 35
If part but not all of the Leased Laud is condemned. £or public use, LESSEE shall ,name a
good faith deterininatio as to whether or not the tal-ang of the part of the Leased Land desigtaated
for condemnation will prevent it from contiMing to operate on the Teased Land If L SEE
determines in good faith that the condemning of such part of tine Leased Land will prevent it from,
continuing to operate on the Teased Land, LES SF-E inay notify CITY in writing to Us effect, and
this LEASE shall then be ternrivated for all purposes effective fifteen (is) days from the date
LESSEE sends such notice to CITY, or at such, other later date as LESSEE shall ,, 'r, fy in its
notice, and such termination. shall be treated ita the same manner as a termination at the expiration,
of the terra of this LEASE. LESSEE shall, as a condition precedent to such teriniriation, remove
all encumbrances, debts, and hens to which the Leased Land is subject. If at the tim..e of such
partial taking for public use, LESSEE determines that such partial taking will not prevent it from
eontini ing to operate, then LESSEE aztd CITY" shall negotiate an equitable anal partial abatement
of the rent beginning to be effective on the actual date when LESSEE is effectively prevouted from
utilizing the condemned land.
ARTICILE 17 - ARBITRATION
17.1 Arbitration,
a) Disputes between the parties with respect to the peifolInance of this LEASE that
cannot be resolved by the parties, may be submitted to an iaadependent arbitrator for
a settlement pursuant to the provisioias of then ,Alaska Uniform Arbitration Act
(AS 09,43.010 et, seq.), as it now exists or may hereafter be amended frmn tame to
time, and judgment on the award may be entered in any Superior Court in the State
of Alaska. Either party may submit to the other party a request for arbitration aiad
the party recelving a request shall have twenty (20) days to consent, i.ia. 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. 'fhe costs and expenses of
arbitrmtioa shall lie shaxed equally by the parties, and each party shall bear its own
attorney's fees and casts.
b) Arbitration procedures shall be applicable ottly to contract, negligence, and similar
claims arising from or related to this LEASE, and shall not be used to resolve or
determine any claim based upon fraud, intentional misrepresentation, nor any claim
based on conduct that is a felony crime in the State of Alaska.
c) Arbitration of any dispute or claim shall be deterrn:ixied by a single arbitrator
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 shall be a person who (a) has not less than five (S) years legal
experience in the State of Alaska prior to appointment; and (b) sucb legal
experience Mi cludes substantial experience with loi3g-term oommercial real
property transactions. Each party shall be provided with a copy of the list and shall
be afforded a maximum of ten (10) workiyag days to become famitiar with the
qualifications of the prospective arbitrators. The arbitrator shall be selected by each.
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party, commencing with the, party dernanding the arbitration, sung one name
fxom the list until only a single Rame remains.
d) Arbitration hearings shall be conducted in Anchorage, Alaska or such otheer location
as the parties may agree. Each party shall produce at the request of the other party,
at least thirty (3.0) days in advance of such hearing, (i) the names, addresses, phone
utunbers, anal email addresses for all witnesses who may testify at the heaTi g; and
(h) all documents to be submitted at the bearing and such other d.ocum6uu as are
relevant to the issues or likely to lead to relevant information.
e) In deciding the claim or dispute, the arbitrator shall f 11 w applicable Alaslra lar,tr,
and the written decision shall be supported by substantial evidence in the record_
1~ailure to apply Alaska law, or entry of a decision that is not based on substantial
evidence in, the record, shad be additional grounds for modifying or vacating an
arbitration decision.
ARTICLE 18 - MALT* TENAN'CE AND REPAIRS
18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof,
if any, LESSEE shall, at LESSEE's sole cost, .risk and expense, maintain the Leased. Land,
including any improvements placed thereon by LESSEE, in as good condition as received
or constructed by LESSEE, subject to nor=l, noti-abusive use.. CITY, at CI'Z Y''s sole
option and expense, may, prior to the commmoement of construction by LESSEE, perform
inaintenance and preventative work on the Leased Land, exclusive of improvements placed
thereon by LESSEE, in order to prevent erasion, mitigate dainage to plants and animals, or
prepare the Leased Land for eventual development by LESSEE or others by grading,
filling, or contouring the Leased Land. ,Any such work per£onted by CITY shall be at
CITY's sole expense and risk iudess LESSEE ag�ees, in advance and in w6ting, to share
such expense and risk. LESSEE shall niaintaixt in fjxst class condition at all times all fire,
pollution, and ohrer protective equipment, if any are placed on Leased Land.
18.2 Safety Issues_ CITY may notify LESSEE in W iting of any deficiencies in the performance
of LESSEE's maintenance responsibilities as they relate to public health or safety and
LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in
writing of its proposed schedule for performance of any work necessary to airs such
deficiencies.
Jf such deficiencies relate to the safety of LESSEE's operation such that the surroanding
land and pool fscilities are exposed to risk, unnecessary potential. b.azards, or a ris1C toe
public interest (as distinguished from a business risk), or if'CITY is not satisfied with the.
proposed acba -dule of repairs either because of`the delays therein or the scope of the repairs,
then CITY may engage an independent engineering consultant well -versed and
experienced who shall hunislt. to CITY a comprehensive survey and report for tha , purpose
of establishing both the need and urgency to pe:r#orm such maintenance work. As soon as
practicable following receipt of said engineer's determinations and recoxm'nendations, if
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the report rewires repair then LESSEE shall pay the cost of the report and perform such
work in accordance therewith at LESSEE's cost, risk, and expense.
1$.3 Cast of Repairs. Should LESSEE dispute the necessity of any maintenance work as 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
arbitrator it shalt frilly comply with the maintenance requests. If an arbitration award
should ultimately ftud that the repairs were not necessary, then LESSEE may wither deduct
from future rental payments the .cost of such repairs or be reimbursed therefor. 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 citrons of Seward is 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 slAQuld any facility require updating
or improvement by reason of a change in LESSEE's use of the I_,eased Land or operations
therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or
reirnburse CITY for such work at the option of CITY.
ARTTC U 19 - FN'MONM)GNTAL CONCERNS
19-1 Hazardous Materials.
a) condition of Site. LESSEE has had full oppolumity to examiuo the site for the
presence of any Hazardous Material and accepts the site in "as is" condition.
LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to
executioTi of this LEASE.
b) Release Qf CDT, .Any other provision of this LEASE to the contrary
notwithstanding, LESSEE releases CITY from any and all claims, demands,
penalties, fines, judgttamts, liabilities, settlements, damages, costs, or expenses
(including, without limitatoot), attorney's fees, court casts, litigation expenses, and
consultant and expert fees) arising prior to, dtuiu& and aftez- the, terra of this
LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous
Material on the Leased Land. by LESSEE or its predecessors in interest, or arising
out of or resulting from LESSEE's operations at the Leased Land or the operations
of its predecessors in interest at the Leased Land except for those claims arising out
Of CITY's sole negligence or intentional misconduct, This release includes, without
limitation, any and all costs incurred due to any investigation of the Leased Land
or any cleanup, removal, or restoration mandated by a federal, st�ft, or local agency
or political subdivision or bylaw or regulation.
c) Use of ffazFardbus!Ylatericals on the &te_
i) LESSEE shall not cause or permit any Hazardous Material to be brought
upon, kept, or used ip or about the Leased- Lnod except for sash Ha7,ardous
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Material as is necessary to conduct LESSEE's authorized use of the Leased
Land.
Any Hazardous Material permitted on the Leased Land as provided iin this
paxagraph, and all containers therefor, shall be used, Dept, stored, and
disposed of in a manner that complies with all Environmental Laws or other
laws or regulations applicable to such Raza:rdaus Material.
iii) LESSEE shall not discharge, loaf or emit, or permit to be discharged,
leaked, or emitted, any material into the atmosphere, grotmd; ground water,
sewer system, or any body of water, if such material (as reasonably
determined by the City, or any govemniental authority) does or may, pollute
or contaminate the same, or may adversely affect the (a) health, welfare, or
safety of persons, whether located on the Leased Land or elsewhere; or (b)
condition, use, or enjoyment of the Leased Land or any other area or
personal property.
iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses
related to the, use, storage, mid 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
oz potential violation of the pmv-isions of this subparagraph.
d) Indemnification of COT. Any tither provision of this LEASE to the contrary
notwithstanding, LESSEE shall defend, mderaaziify, and hold CJ Y harmloss from
and against any claims, demands, penalties, fines, judgments, liabilities,
settlements, damages, costs, or expenses (including, without limitation, attorney,
consultant acid expert fees, court costa, and litigation expenses) of whatever kind or
nature, known or unlaiown, contingent or otherwise, arising out of or in any way
related to.
i) The presence, disposal, release, oz threatened release ofany such Hazardous
Material which is on or from the Leased Land, soil, water, gromid water,
vegetation., buildings, personal property, persons, animals, or otherwise;
ii) Any personal injury (including wrottgM death) or property damage (real or
personal) arising ont of or related to such Hazardous Material or any use of
the Leased. Land;
iii) Any lawsuit brought or threatened, settlement reached, or governineut order
relating to such Hazardous Material or any use of the Leased Land; and/or
iv) Any violation of any laws applicable thercto; pwvidtd, however, that this
Section 19.1(d) shall apply only if the acts giving rise to the claims,
demands, penalties, fines, judgments, liabilities, settlements, damages,
costs, or expenses (l) occur prior to or during the term of this LEASE; and
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03123l2022 11: 39 19672-4 '723 RESUREi-:TI0ABA'r' SEAFD PAGE �?' 35
(2) arise, in whole or ixi part, from the use of, operations on, or ac$iviti.es on
the Lease(i Land by LESSEE or LESSEE's predecessors in interest,
employees, agents, invitees, contractors, subcontractors, authorized
representatives, subtenants, or any other persons. The provisions cif this
subparagraph shall be in addition to any other obligation$ and liabilities
LESSEE may have to CITY at law or equity and shall suuvive, the
transactions contemplated hereixx axed shall survive the tennination of this
LEASE.
e) Operator, For all purposes, LESSEE shall be deemed the operatoir. of any facility
on the Leased Laud.
f) Hazardous Material ,Defined, As used in this LEASE, Hazardous Material is $ny
substance which is toxic, ignitable, reactive, or corrosiye or which is regulated by
any Environmental Lave. Hazardous Material includes airy and all material or
substances which are defined as itr;dustrial waste, hazardous waste, extremely
,hazardous waste, or a hazardous substance under any Environmental Law.
Notwithstanding any statutory petrolcum exclusion, for the pwWses of this
LEASE; the team Hazardous Material ircludes, wi#hout limitation, petToleuxzt,
including crude oil or axxy fraction thereof, petroleum soaked absorbent material,
and other petroleum wastes.
g) Environmental LawDe-fined. As used in this LEASE, Environmental Laws include
any alxd all. local, state; and federal ordinances, statutes, and regulations, as mote )D
force or as may be amended from time to time, relating to the protection. of human,
liealt.h and the environment, as well as any judgrxrwents, orders, injunctions, awards,
decrees, covenants, conditions, or other restdctions or standards relating to same,
Environmental. Laws itrncludc, by way of example and not as a limitation of the
generality of the forcgoWS, Alaska Statutes Title 46, the Resource Cor)servation
and Recovery Act of 1976, the Compn hensive Environmental Response,
Compensation and Liability Act of 1980, the Glean Water Acts and the, Superfund
Amendments and Realitborization; Act of 1986.
19.2 Permits and Reporting.
a) Pei7n is Required by Other Governmental Agencle�s. LESSEE shall obtain all
Permits or approvals required by any applicable law or regulation, Copies of all
such pnits 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
gmr,-ni Trent or agency required by any pezuait or Environmental Law, including
reports of airy spill or discharge of Hazardous Material_ The CITY, thtough the
City Manager, may order LESSEE to immediately cease any operations or activities
ora the Leased Land if the 8ime is being carried out without necessary permits, in
violation. of the terms of any permit or Environmental Later, or coatra:y to this
LEAS?.
24
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03123d 2022 11: 99 1907224372:-' RE-jURECT IOhdBAV SEAFI} PAGE 23/ 35
b) Correspondence with and .Reports to Environmental Agencies. LESSEE shall
immediately (the sarrae or the next business day) provide CITY with copies of all
correspondence and notice, including copies of all reports between LESSEE and
any state, federal, or local government. or agency regulating Hazardous Material
which relates to LESSEE'a operations on or use of the Leased Land.
ARTICLE 20 - ESTOPPEL CERTIT'ICA.TES
Either party -,full at any time and from► time to time upon not less than ten (10) days' prior
written. request by the other party, execute, aokmowledge, and deliver to such party, or to its
designee, a statement in writing certifying that this LEASE is un-amended and ja full force and
effect (or, if there bas been any ameridmottt thereof, that the same is in fill force and effect as
amended and stating the amendment or amendrue:nts), tbat: there are no defaults existing (or, if
there is any claimed default, stating the nature and extent thereof), and that there are no defaults
existing (or, if there is any claimed default, stating the nature and extent thereof), and that there
are no offsets, cl.airns or countcrclairns by or in. favor of CITY against LESSEE under this LEASE
(or describing all such offsets, claims and counterclaims), the remaining term of this LEASE and
any extensions beroo, all encumbrances pxaated. by CITY, stating the dates to which the rent and
other charges have been paid in advance, and include such other provisions as a prospective
assignee cif the LESSEE's interest in this LEASE or a prospective leasehold mortgagee would
reasonably request..
ARTICLE 21 - CONDITIONS AND COVENANTS
All the prom sions of this LEASP, sb,all be construed to be "conditions" as well as
%ovenant%'* as though the words specifically cxpressinS or imparting covCnantS and conditions
were used in each separate provision.
ARTICLE 22 - NO WAJWR OF BREACH
No failure by either CITY or LESSEE to insist upon the strict performance by the other of
any term, covenant, or condition of this LEASE or to exercise any right or remedy consequent
upon a hreaclr thereof shall constitute a waiver of airy such breach or of such terms, covenants, or
conditions_ No waiver of any breach shall affect or alter this LEASE, but each and every term,
covenant, and condition of this LEASE shall continue in full force ;acid effect with respect to any
other than an existing or subsequent breach.
ARTICLE 23 - TIME OF THE ESSENCE
Time is of the essence of this LEASE and of each provision.
ARTICLE 24 - COMPUTATION OF TIME
The time in which any act provided by this LFA.SE is to be, done by shall be computed by
excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday,
and then it is also excluded.
25
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ARTICLE 25 - SUCCESSORS IN, INTEREST
Each and all of the terms, covenants, and conditions in this LEASE shall inure to the bQneht
of and shall be binding upon the successors in interest of CITE'" and LESSEE.
ARTICLE 26 - ENTIRE AGREEMENT
This LEASE contains the entire agreement of the parries with respect to the matters covered
by this LEASE, and no other agreement, statement, or promise made by any party which is not
eontained in this LEASE shall be binding or valid.
ARTICLE 27 - GGITERNING LAW
This LEASE shall be governed by, construed, and enforced in accordance with the laws of
the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Codo
of Ordinances of CITY in effect on the date of this LEASE., and as they may be hereafter amended,
including, without limitation, Chapter 7.05 of the Seward City Code_
ARTICLE 28 - PARTIAL INVALIDITY
If any provision of this LEASE is held by a court of competent jurii3diction to be; invalid,
void, or unenforceable, the remainder of the provisions shall re -main in full force and effect and
shall in no way be affected, impaired, or invalidated_
ARTICLE 29 - RELATIONSHIP OF PARTIES
Nothing contained in this LEASE shall be deemed or construed by the parties or by any
third person to create the relationship of principal and agent or of partnorsbip or of joint venture
or of any association between CITY and LESSEE; and neither the method of computation of rent,
nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to
create any relationship between CTTV and LESSEE othertharz the relationship of lessee "d lessor-.
ARTICLE 30 - INTERPRETATION
The language in all parts of this LEASE shall in all cases be simply constmed according to
its fair meaning and not for or against CITY or LESSEE as both M-Y and LESSEE have had the
opportunity to seek assistance of counsel in drafting and reviewing this LEASE.
ARTICLE 31- CAPTIONS
Captions of the articles, paragraphs, and subparagraphs of this Lb,A.SE 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 iuterpretatioa, con.straction, or meaning of the provisions of this LEASE.
26
12:21:(4 p.m. 03-23-2022 30 1 1907224372A
03I2312022 11:39 19072243723 RESURECTIONEAY c�EAFD PAGE 30I35
A11MCLE 32 - AMENDMENT
This LEASE ais not subject to amendmeat except in writing executed by Both parties hereto.
ARTICLE 33 - NOTICE
All notices, dckmmds, or requests froze oue party to another shall be delivered in: person or
be sent by mail, certified or.registered, postage prepaid, to the addresses stated in this Article and
to such other persfansd addresses as either party may designate. Notice by mail. shall be deemed
to have been given st the time of mailing -
.All jotices, dom.arads, and requests froth LESSEE to CITY sltal.l. be given to CITY at the
follo«i11g address:
City Manager
CITY OF SEWARD
PO Box 167
Seward, Alaska 99664
All notices, demands or requests from CITY to LESSEE shall he given to LESSEE at the
following address.
Seward )?acific Resurrection Bay Seafoods It7c
PO BOX 1710
Seward, AK 99664
Each party shall have the right, from time to time, to desiggiate a different address by notice
given in conformity with. this Article.
ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND
LESSEE shall at its sale cost, risk and expense provide fire detection and protection to its
operations on the Leased Land and fire prevenUmi. to industry swidards for risks to adjacent
facilities such that those risks are minimized. LESSEE shall contbive to provide and maintain
industry accepted standards of fire protection, sucb. tat the City of Seward's ISO rati.rag is not
degraded by reason of LESSEE'S operation. The parties agree that with the rapid exp='�ion of
technology it the field of fire prevention and control LE SEE's obligations ber=nder,nay vary
during the term of this LEASE and C= may submit LESSEUs compliance wit its obligation
hereunder to arbitration not more frequently than once each five years.
27
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03/ 23/ 2022 11: 39 19072243723 RESURECTIMBA"I` SEAFLi PACE -,1 i' 35
IN WITNESS NMEI EOF, the parties hereto have set their hamds anfl seals the dates
herein set forth.
CITY:
By:
Janette Bower, City Manager
Date:
ATTEST:
Brenda Ballou
City Clerk
STATE OF ALASKA
3s_
THIRD JICIAL DISTRICT
LESSEE:
CITY OF SEWARD
Seward Pacific 'Resurrection Say
S eafaads-tno,
By -
David Brind zxager
Dated'
The fazegoinb instrumt-nt was acknowledged before me this ---._... day of
_..__, 2022, by Janette Bower, City Manager of the City of Seward, Alaska, on behalfof �e City.
1.4
STATE OFF WASH i W&T? JJ
C..ou&T. -s Op Ssjo H.o" )C"N
THIRD J[ DfCIA.L DISTRICT )
Notary Public in and for Alaska
My co=..dssion Expires: '
28
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F,-1:='''L.3/2022 11:39 13072243723 RESUREGTIONBA",' SEAFD F,�GE '32/35
Q,fs
7 e foregoing instrument was aQk-nowledged. before the this 2 day of
_._
1 : 612, by David Biindte; General Manager, wlxo oxecuted the foregoing document
on behalf of Joicle Seafoods, Inc., a corporation, and affirmed suet act to be the free and
voluntary act of such coTporation For the uses and purposes mentioned in the= instrument.
C.aacicitASH for VI`ri?
Uy Commission ExpiresQ2IW LP 1G:
+F 1
NO
�IIIIIIIIS01`N
29
69
`r
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Geographic Information
144 North Binkley Street, Soldotna, Alaska 99669
Parcel 14823009 and 14823010
Legend
• Mileposts
City Limits
-- Highways
Major Roads
Roads
Town Medium Volume
Town Low/Seasonal, Other
Proposed
Parcels
Boundary
Footprint
Image
. Red: Red
❑ Green: Green
. Blue: Blue
Boundary
Footprint
Image
. Red: Red
❑ Green: Green
. Blue: Blue
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not
be accurate, current, or otherwise reliable. It is not to be used for navigation. Notes
Type any notes here.
DATE PRINTED: 3/16/2022
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Exhibit A Parcel #14823009
Legend
•
Mileposts
City Limits
—
Highways
—
Major Roads
Roads
— Town Medium Volume
— Town Low/Seasonal, Other
Proposed
Parcels
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. Green: Green
. Blue: Blue
Boundary
Footprint
Image
. Red: Red
. Green: Green
. Blue: Blue
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not
be accurate, current, or otherwise reliable. It is not to be used for navigation. Notes
Type any notes here.
DATE PRINTED: 3/16/2022
71
=r
Geographic Information
144 North Binkley `street, Soldotna, Alaska 99669
M
WMI
Exhibit 6 Parcel #14823010
Legend
•
Mileposts
City Limits
—
Highways
—
Major Roads
Roads
— Town Medium Volume
— Town Low/Seasonal, Other
Proposed
Parcels
❑
Boundary
[]
Footprint
Image
. Red: Red
. Green: Green
. Blue: Blue
Boundary
Footprint
Image
. Red: Red
. Green: Green
. Blue: Blue
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not
be accurate, current, or otherwise reliable. It is not to be used for navigation. Notes
Type any notes here.
DATE PRINTED: 3/16/2022
r`a
Resolution 2022-014
Documents:
• Agenda Statement
• Resolution 2022-014
• Attachments:
o Requested Amendments
o Seward City Code
73
City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
From: Historic Preservation Commission
Agenda Item: Resolution 2022-014: Approving the Historic Preservation Commissions
Priorities from February 2022- February 2023
Background and justification:
Annually, the Historic Preservation Commission establishes their priorities and presents them to the
city council.
At their February 10, 2022 meeting, the Historic Preservation Commission approved Resolution
2021-002 recommending City Council approval of their Priorities from February 2022 through
February 2023.
The intent of this resolution is for council to adopt the Historic Preservation Commission Priorities for
February 2022 through February 2023. The board would like to work with council on achieving these
goals.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: The Historic Preservation Commission's priorities work towards achieving
the aoals listed in the Seward Comprehensive Plan.
Strategic Plan: The Historic Preservation Commission's priorities share the same vision
elements for History and "Sense of Community" noted in Strategic plan.
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Water Healthcare
Motor Pool Other No Fiscal mpact
74
Unassigned Fund Balance*: $ *unaudited numbers
Available Unrestricted Cash Balance*: $
Finance Signature:
Attorney Review✓ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
NO
Sponsored by: Historic Preservation Commission
Postponed: February 14, 2022
CITY OF SEWARD, ALASKA
RESOLUTION 2022-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE HISTORIC PRESERVATION
COMMISSION PRIORITIES FROM FEBRUARY 2022 TO FEBRUARY
2023
WHEREAS, the Historic Preservation Commission's (HP) responsibilities in Seward City
Code are:
2.30.425 - Powers and duties.
(a) It shall be the responsibility of the historic preservation commission to:
(1) Develop a local historic plan that will include provisions for identification, protection
and interpretation of the area's significant resources. Such a plan is to be compatible with the
Alaska Historic Preservation Plan and to produce information compatible with and for the Alaska
Heritage Resources Survey.
(2) Survey and inventory community historic architectural and archaeological resources
within the community.
(3) Review and comment to the state historic preservation officer on all proposed
National Register nominations for properties within the community area.
(4) Act in an advisory role to other officials and departments of local government
regarding the identification and protection of local historic and archaeological resources.
(5) Work toward the continuing education of citizens regarding local historic
preservation and community history.
(6) Support the enforcement of the Alaska Historic Preservation Act, AS 41.35.
(7) Review local projects and recommendations about the effect on properties identified
in the local historic preservation inventory.
WHEREAS, at the December 9, 2021 and January 13, 2022 meetings, the Historic
Preservation Commission reviewed and updated their priorities and goals for 2022; and
WHEREAS, with the passage of HP Resolution 2021-001 on January 28, 2022, the
Historic Preservation Commission requests council approval of their 2022 priorities from
February 2022 to February 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby approves the following list of Priorities
and Goals for the Historic Preservation Commission from February 2022 through
W-11
CITY OF SEWARD, ALASKA
RESOLUTION 2022-014
February 2023:
REPORTING
• Quarterly reports to council
• Annual Certified Local Government (CLG) grant report to the State Historic
Preservation Office (February)
PUBLIC OUTREACH
• Coordinate efforts with Planning and Zoning regarding the identification and
protection of local historic and archaeological resources.
• Enhance understanding of the economic benefits of Heritage Tourism.
• Celebrate National Historic Preservation Month in May by proclamation.
• Award the Annual Seward Historic Preservation Award in May.
• Maintain the Seward Historic Preservation Commission online presence.
SEWARD HISTORIC STRUCTURES & SITES
• Review local projects and recommendations about the effect on properties
identified in the local historic preservation inventory.
• Update, review, and submit the Seward Inventory of Historic Sites to the Offices
of History and Archaeology according to the guidelines for the Alaska Heritage
Resources Survey, with annual review.
• Promote and continue to nominate structures and sites to Seward Local Register.
• Support the historic Hoben Park by assisting with planters and working towards
restoring its historic character.
• Engender the preservation and use of the Jesse Lee Home properties for Park use.
• Track and monitor the progress of the Fort Raymond Subdivision.
• Identify the Most Endangered Historic Properties in Seward.
SEWARD HISTORIC PRESERVATION PLAN
• Promulgate economic incentives, historical preservation and education.
• Develop historic preservation initiatives and projects.
• Advance the Historic Business District.
OTHER COMMISSION TASKS
• Generate ideas, set priorities, and submit an application for consideration, and take
action on CLG grant opportunities that stimulate knowledge of local history,
77
CITY OF SEWARD, ALASKA
RESOLUTION 2022-014
heritage tourism and cultural awareness.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth
day of April, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
78
Resolution 2022-014
Requested Amendments
Primary Amendment #1
First bullet under Seward Historic Structures & Sites:
• review Provide research about local projects and Feeeaffieedatiens a rgadr in
the effect on properties identified in the local historic preservation inventory.
Primary Amendment #2
Second bullet under Seward Historic Structures & Sites:
• Update, review, and submit the Seward Inventory of Historic Sites to the Offices of History
and Archaeology according to the guidelines for the Alaska Heritage Resources Survey,
with annual review.
Primary Amendment #3
Fifth bullet under Seward Historic Structures & Sites:
• EiggendeProvide research regardingthe preservation and use of the Jesse Lee Home
properties for Park use.
Primary Amendment #4
Sixth bullet under Seward Historic Structures & Sites:
Primary Amendment #5
First bullet under Seward Historic Preservation Plan:
• , Pr vi historical preservation and education.
Primary Amendment #6
Third bullet under Seward Historic Preservation Plan:
r1:1
SEWARD CITY CODE
Title 2, Article 4 - Historic Preservation Commission
2.30.425 - Powers and duties.
(a) It shall be the responsibility of the historic preservation commission to:
(1) Develop a local historic plan that will include provisions for identification,
protection and interpretation of the area's significant resources. Such a
plan is to be compatible with the Alaska Historic Preservation Plan and to
produce information compatible with and for the Alaska Heritage
Resources Survey.
(2) Survey and inventory community historic architectural and archaeological
resources within the community.
(3) Review and comment to the state historic preservation officer on al
proposed National Register nominations for properties within the
community area.
(4) Act in an advisory role to other officials and departments of local
government regarding the identification and protection of local historic
and archaeological resources.
(5) Work toward the continuing education of citizens regarding local historic
preservation and community history.
(6) Support the enforcement of the Alaska Historic Preservation Act, AS
41.35.
(7) Review local projects and recommendations about the effect on
properties identified in the local historic preservation inventory.
(b) The commission shall have no authority to expend or commit city funds
without first obtaining approval by and any necessary appropriations from
the city council.
(Ord. 94-04)
80
Resolution 2022-051
Documents:
• Agenda Statement
• Resolution 2022-051
• ARPA Seward Redistribution Amendment
• Seward Executed ARPA NEU Agreement
• Resolution 2021-141
81
City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
From: Janette Bower
Agenda Item: Resolution 2022-051: Accepting and Appropriating American Rescue Plan Act
(ARPA) Federal Grant Funds SOA-DCCED (NEU) in the Amount of
$676,748.30 for the Purpose of Investment in Water and Sewer
Infrastructure
Background and justification:
As part of the American Rescue Plan Act (ARPA), the Coronavirus State Fiscal Recovery Fund and
the Local Fiscal Recovery Fund were established to provide support to State, local, and Tribal
governments in responding to the impacts of COVID-19. The State of Alaska received these federal
funds and appropriated $676,748.30 to the City of Seward. Of the eligible uses of these funds,
Administration has identified investment in water and sewer infrastructure as the most appropriate
use.
The funds will be split evenly between the Water and Wastewater Enterprise Funds and placed in
their own capital project funds. Once specific infrastructure projects have been identified,
Administration will bring a resolution to Council for approval and appropriation.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.7.1.4 Continue to Upgrade and Expand Utilities
Strategic Plan: Page 9 Promote Residential and Commercial Development
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 676,748.30
This legislation (✓):
x Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
x Not budgeted
Not applicable
676,748.30
1800-0000-5921-0080
Finance Signature:
Attorney Review,/ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
82
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-051
A Resolution of the City Council of the City of Seward, Alaska, Accepting and
Appropriating American Rescue Plan Act (ARPA) Federal Grant Funds SOA-
DCCED (NEU) in the Amount of $676,748.30 for the Purpose of Investment
in Water and Sewer Infrastructure
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act
of 2021; and
WHEREAS, Resolution 2021-141 accepting the Coronavirus Local Recovery Fund for
Non -Entitlement Unit of Local Government ("CLFRF-NEU') from the Alaska Department of
Commerce, Community and Economic Development to offset significant revenue loss due to the
COVID-19 public health emergency; and
WHEREAS, $350 billion was appropriated for state, local, territorial, and tribal
governments to respond to the COVID-19 emergency; and
WHEREAS, the US Treasury is allowing these funds to replace lost public sector
revenue; and
WHEREAS, the intent of this program is to provide support to State, territorial, local,
and Tribal governments in responding to the economic and public health impacts of COVID-
19 and in their efforts to contain impacts on their communities, residents, and businesses; and
WHEREAS, the State of Alaska received these funds and notified the City of Seward
on June 17, 2021, the City had been allocated funds through ARPA for non -entitlement units
of local government, as distributed through the State of Alaska; and
WHEREAS, investment in water and sewer infrastructure is an eligible use of these
funds as outlined by the U.S. Department of the Treasury; and
WHEREAS, the City of Seward Water and Wastewater Funds have infrastructure needs
as well as expansion opportunities; and
WHEREAS, the grant funds will be split evenly between the Water and Wastewater
Funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. Funding in the amount of $338,374.15 is hereby accepted and appropriated
83
CITY OF SEWARD, ALASKA
RESOLUTION 2022-051
in the Water Enterprise Fund as Federal Grant Revenue account no. 1700-0000-5921-0080
Section 2. Funding in the amount of $338,374.15 is hereby accepted and appropriated
in the Wastewater Enterprise Fund as Federal Grant Revenue account no. 1800-0000-5921-
0080.
Section 3. This resolution is effective upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth
day of April 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
84
AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF)
AMENDMENT
Department of Commerce, Community, and Economic Development
Division of Community and Regional Affairs
Non -Units of General Local Government:
NEU Recipient Number
Local Gov't Name
City of Seward
AK0122
CFDA:
EIN Number
DUNS Number
Vendor Number:
Appropriation Unit:
21.027
92-6000086
603559931
COS84266
085601269
Budget Amendment # 1
EFFECTIVE THE DATE SHOWN ABOVE THIS GRANT IS HEREBY AMENDED AS FOLLOWS:
1. To finalize the Non -Entitlement Units of General Local Government (NEU) funding for the first
tranche of funds, the funds from the unresponsive municipalities and municipalities that declined
funding are redistributed.
2. This Coronavirus Local Fiscal Recovery Fund distribution is increased by $1,815.59 for a total CLFRF of
$676,748.30 as reflected below:
CLFRF to NEU
Redistributed CLFRF
TOTAL CLFRF Amount:
ARPA Funds
$674,932.71
$1,815.59
$676,748.30
3. The city's first tranche of redistributed funds will be half of the redistributed allocation identified
above.
4. The city agrees to US Department of Treasury's reporting requirements, which must include the
combined funding received under the program including ARPA, NEU, and Coronavirus Local Fiscal
Recovery Funds.
ALL OTHER TERMS AND CONDITIONS OF THE GRANT AGREEMENT REMAIN IN
FULL FORCE AND EFFECT.
Grantee I Department
Signature Signature Printed Name and Title Printed Name and Title
Not Required Pauletta Bourne, Grants Administrator III
Date Date 2/25/2022
Page
1
85
DEPARTMENT COMMERCE,
OF COMMUNITY, AND ECONOMIC
DEVELOPMENT
DIVISION OF COMMUNITY AND REGIONAL AFFAIRS
Coronavirus Local Fiscal Recovery Fund Agreement
°F aLAs�`
NEL` Recipient #
EIN
Vendor #
Amount of Federal Funds CFDA
AK0122
92-6000086
COS84266
$674 932.71 21.027
GAE
Appropriation Unit
Period of Performance
Project Tide
085601269
December 31, 2024
Coronavirus Local Fiscal Recovery Fund
Non -Entitlement Unit of Local Government (NEU)
Department Contact Person
Local Gov t Name DUNS #
Name
City of Seward 037996634
Kimberly Phillips
Street/PO Box
Title
PO Box 167
Grants Administrator II
City/State/lip
Street/PO Box
Seward, AK 99664
455 3rd Avenue, Ste 140
Authorized Representative Name & Title
CityState/Zip
Janette Bower, City Manager
Fairbanks, AK 99701-3110
Phone Email
Phone Final
(907) 224-4046 jbowerC,1ci1y fseward.net
(907) 451-2718 DCRA.ARPAIa alaska. ov
Contact Person (f any) Name & Title
Janette Bower, City Manager
Phone Email
(907) 224-4046 Ibowert�q c4_ofseward.net
AGREEMENT
This Coronavirus Local Fiscal Recovery fund Agreement ("Agreement") is between the Alaska Department of
Commerce, Community, and Economic Development, Division of Community and Regional Affairs (hereinafter
"Department") and the City of Seward (hereinafter "NEU" j. The Department and NEL? agree:
I. Purpose. The purpose of this Agreement is to establish terms whereby the Department will distribute funds
to NEt' in accordance with the American Rescue Plan Act of 2021 and L'.S. Department of Treasury
Interim Final Rule 31 CFR Part 35 and to establish related obligations of the parties.
H. Contract. The Agreement consists of this page, Appendices referenced herein, and any duly executed
amendments to this Agreement.
Appendix A: Award Terms and Conditions Agreement
Appendix B: NEL? Financial Institution Information
Appendix C: Agreed Terms
Appendix D: Assurances of Compliance with Title 171 of the Civil Rights Act of 1964
Appendix E: Total NEtl Budget Certificate
Non -Entitlement Unit of Local Government
Department
NEU Signa
2L_If�
DCCE
S' tur
J��
& (A/r�t
,jL
Printed Name qC d Title of Authorized Representative
Printed Name and Tide
anette Bower City Manager
Pauletta Bourne Grants Administrator III
Date P
Date i .
Rev. 07'01 ? 1 Coronavirus Local Fiscal Recovery Fund Agreement
86
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and
CITY OF SEWARD
410 ADAMS ST. - PO BOX 167
SEWARD, AK 99664-0167
address: I DUNS Number: 037996634
Taxpayer Identification Number:
• .1111'.
Assistance Listing Number: 21.027
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Recipient:
Auth 'zed Representative:
Title: CITY MANAGER
Date signed: 7/28/21
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid control number assigned by OMB.
87
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
S. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass -through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
88
9. Comiliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
89
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.G. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other
applicable laws, Treasury's implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section 603(e)
of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
4
90
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company -owned,
rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Appendix B
NEU Financial Institution Information
The Department will distribute NEUs Award in accordance with the instructions provided by NEU
in this Appendix B.
For purposes of receiving its Award, NEU directs the Department to issue payments as follows
(initial only one):
Initials Payment Direction
Issue all payments to NEU using financial information currently on file with the
State of Alaska. The Department may rely on existing financial information for NEU
within the state's systems to issue all payments associated with this Agreement. The
Authorized Representative for NEU hereby certifies that the financial information
for NEU on file with the State of Alaska is accurate and up-to-date;
Issue all payments to NEU via check to the address provided by NEU on page 1 of
the Agreement; or
Issue all payments to NEU in accordance with the attached Electronic Payment
Agreement.
NhU Additional Instructions
NEU hereby agrees to the terms of this Appendix B.
NEU Name:
CITY OF SEWARD
ff
Si re of Authorized Representative
CITY MANAGER
Title:
7/28/2021
Date:
Coronavirus Local Fiscal Recovery Fund Agreement CFDA #21.027
F*X
Appendix C
Agreed Terms
The Department and NEU agree as follows:
1. Department's Role
The Department is required to allocate and distribute the Local Fiscal Recovery Fund payment
received from the U.S. Department of the Treasury ("Treasury") to NEU in accordance with sections
602 and 603 of the Social Security Act, Treasury's regulations implementing that section, and guidance
issued by Treasury regarding the foregoing.
2. NEU is prime recipient.
NEU is the prime recipient of the Coronavirus State and Local Fiscal Recovery Fund Award (the
"Award") issued to NEU and is independently responsible for compliance with the Coronavirus Local
Fiscal Recovery Fund Award Terms and Conditions (Appendix A). NEU is not a subrecipient.
3. Mandatory Information and Documentation
The Department may not initiate payment of an Award until receipt of the following information
and documentation from NEU:
(a) Completed and signed Agreement (which provides the local government's name;
EIN/TIN; DUNS number; address, Entity's Taxpayer Identification Number; DUNS
number; address; Authorized representative name, title, and email, etc.);
(b) NEU's financial institution information (e.g., routing and account number, financial
institution name and contact information; see Appendix B);
(c) Total NEU budget (see Appendix E);
(d) Executed Award Terms and Conditions Agreement (as provided by Treasury; see
Appendix A); and,
(e) Executed "Assurances of compliance with Title VI of the Civil Rights Act of 1964" (as
provided by Treasury; see Appendix D).
Once an NEU has submitted the mandatory information and documentation, the Department will
process the initial Award distribution.
4. NEU Recipient Number
The Department will assign each NEU a unique "NEU Recipient Number." This number will begin
with the two -letter abbreviation for Alaska followed by four numeric digits (e.g. AK0012). NEUs
should retain the NEU Recipient Number as an identifying number for the lifecycle of the program,
including for reporting purposes.
Coronavirus Local Fiscal Recovery Fund Agreement- Appendix C Agreed Terms CFDA# 21.027 Page I of 3
93
5. Award Allocation; "75 percent cap"; Return of Funds
The Department is required to allocate and distribute NEU's Award payment in accordance with a
formula whereby the award issued is proportional to the population of the NEU in comparison to the
total population of all NEUs in the State. However, the total Award distributed may not exceed the
amount equal to 75 percent of NEU's "most recent budget" as of January 27, 2020. Treasury defines
"most recent budget" to mean an NEU's total annual budget, including both operating and capital
expenditure budgets, in effect as of January 27, 2020. The Department may refer to the "most recent
budget" as the NEU's total annual budget or reference budget.
The Department will use the documentation provided in response to Appendix E to determine
whether the "75 percent cap" applies to an NEU's Award. If an NEU's total allocation is found to be
more than 75 percent of the NEU's reference budget, the Department must return the amount of the
allocation in excess of the NEU's reference budget to Treasury.
The Department will adopt a uniform standard consistent with Treasury's guidance in order to
implement these requirements and will provide technical assistance to NEUs as needed.
6. Payment Tranches; Distribution Deadlines and Extensions
Treasury will make payments from the Local Fiscal Recovery Fund for distribution to NEUs in two
tranches. The Department has 30 days to distribute these funds to NEUs, unless the Department
receives an extension of the deadline from Treasury.
The Department will issue initial distributions from the First Tranche to each NEU upon receipt of
all Mandatory Information and Documentation.
For any NEU that is unresponsive (i.e. the NEU has neither requested funding nor declined
allocation), the Department may issue a subsequent distribution of the funds that had been allocated
to such non -responsive NEUs among the NEUs that have requested funding.
Treasury will distribute the Second tranche no earlier than 12 months after the date on which the First
Tranche payment is paid to the State of Alaska.
7. Compliance with Federal Regulations; Cooperation by NEU
The Department is required to confirm that the NEU is not excluded or disqualified in compliance
with 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19, among other
requirements. NEU agrees to cooperate with the Department's reasonable requests in order for the
Department to carry out its role in facilitating Award distributions in accordance with federal
guidelines.
8. Declined Awards
If the Department receives notification from an NEU that it would like to decline its funding
allocation and transfer funds to the State under Section 603(c)(4) of the Act, Treasury will consider
this action as a cancellation of the award on the part of the eligible NEU and a modification of the
award to the State of Alaska. To decline an Award, the NEU must provide a signed notice to the
Coronavirus Local Fiscal Recovery Fund Agreement- Appendix C Agreed Terms CFDA# 21.027 Page 2 of 3
94
Department. The Department must then transmit the notice to Treasury as part of its interim report
due August 31, 2021 (or as part of a subsequent report, if applicable).
If the NEU does not provide such notice, it will remain legally obligated under the award with respect
to accounting for the uses of the funds and the reporting on such uses. Treasury has indicated that it
will provide a standard notice form that will be required for this use; however, the standard notice is
unavailable as of July 1, 2021. In the interim, NEUs are instructed to utilize the Department's prepared
form, which is available upon request.
9. No Additional Conditions or Requirements
The Department may not impose additional conditions or requirements on distributions to NEUs,
beyond those permitted by American Rescue Plan Act, the Interim Final Rule, and Treasury's
guidance. For example, the Department may not impose stricter limitations than permitted by statute
or Treasury regulations or guidance on an NEU's use of funds based on the NEU's proposed spending
plan or other policies. The Department may not offset any debt owed by the NEU against the NEU's
distribution or provide funding on a reimbursement basis.
10. Reporting
As prime recipients of the Award, NEUs are required to report to Treasury on the use of funds on
the forms and by the dates provided by the United States Department of the Treasury. The
Department will provide NEUs with the reporting guidance provided by Treasury, which is
forthcoming.
The Department shall keep records and submit information on allocations and distributions to NEUs
with the State of Alaska's periodic reports to Treasury.
11. Controlling Documents; New & Revised Treasury Guidance
In the event of inconsistency between these Agreed Terms and either the (a) Award Terms and
Conditions (Appendix A), or (b) the American Rescue Plan Act, Interim Rule, and guidance
documents issued by Treasury, as amended from time to time (collectively "Controlling Documents"),
the requirements of the Controlling Documents shall supersede any requirement provided herein.
Should Treasury issue any new or revised guidance documents after the effective date of this
Agreement, the Department will adjust its procedures as needed to comply with the new or revised
guidance and will communicate any such changes with NEUs.
12. Ongoing Assistance
The Department is available to provide ongoing assistance to NEUs for the NEU's compliance
requirements to Treasury. NEUs should review Section 603 of the Social Security Act, Treasury
guidance documents (available on Treasury's website), including fact sheets and regularly updated
FAQs.
Please route all inquiries regarding ARPA NEU awards to DCRA.ARPAgalaska.gov.
Coronavirus Local Fiscal Recovery Fund Agreement- Appendix C Agreed Terms CFDA# 21 027 Page 3 of 3
95
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
41-
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made apart of this contract (or agreement). Title VI also includes protection to persons
with "Limited English Proficiency" in any program or activity receiving federal f nancial assistance, 42
US. C. § 2000d et seq., as implemented by the Department of the Treasurys Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on -site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
W
97
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient's obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
CITY OF SEWARD 7/28/21
Recipient Date
Signature Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with
this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
3
98
Appendix E
-c"'VI
Total NEU Budget Certificate
NEU must provide the Department with a Total NEU Budget (defined as an NEUs total annual
budget, including both operating and capital expenditure budgets, in effect as of January 27, 2020) or
Top -Line Expenditure Total (permitted in exceptional cases in which an NEU does not adopt a formal
budget) in order for the Department to initiate payments.
The Total NEU Budget or Top -Line Expenditure Total may be provided with the ARPA Resolution
Accepting Funds, upon execution of this Agreement, or as otherwise agreed by NEU and the
Department.
NEU hereby certifies that (1) it has provided the Department with a Total NEU Budget or Top -Line
Expenditure Total, and (2) that the Total NEU Budget or Top -Line Expenditure Total provided is
accurate.
I' No : tel RN
CITY OF SEWARD
Sign4�e of Authorized Representative
CITY MANAGER
Title:
7/28/21
Date:
Coronavirus Local Fiscal Recovery Fund — Appendix E NEU Total Budget Certificate CFDA #21.027
99
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SE►kARD,
ALASKA, CONFIRMING APPLICATION FOR THE ARPA LOCAL.
GOVERNMENT LOST REVENI'E RELIEF PROGR,�Nl ("LGLRRP")
FROM THE ALASKA DEPARTMENT OF COMMERCE, COyIMUNITY
AND ECONOMIC DEVELOPMENT TO OFFSET SIGNIFICANT
REVENUE LOSS DUE TO THE COVID-19 PUBLIC HEALTH.
EMERGENCY
WHEREAS, the State of Alaska appropriated $50 million from the State's American
Rescue Plan Act (ARPA) COVID State and Local Recovery funds toward a local government
relief grant program; and
WHEREAS, the City of Seward is eligible to receive a portion of these funds based on
2020 revenue loss greater thaii the required 10%; and
WHEREAS, the City of Seward attests to the accuracy of the attached program
Nk orkshect. and
WHEREAS, the City has ident i f icd the need for investment in water and sewer
infrastructure as the most appropriate i.ise of these funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SENVARD, ALASKA that:
Section 1. The City of Seward confirms the application for Local Goveminctit Lost
Revenue Relief Program funds to be used for the investment of water and sewer irlti-<:lstructure.
Section 2. The City of Seward confirms the revenue anti fund receipt totals discussed
herein, anti can confirm with supporting documentation.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I P
day of December, 2021. 11__�
100
CITY OF SEWARD, ALASKA
RESOLUTION 2021-141
AYES:
Calhoon, Casagranda, DeMoss, Wells, McClure, Terry
NOES:
None
ABSENT:
Osenga
ABSTAIN:
None
ATTEST:
Brenda J. Ballou, MMC
A c, fin � City Clerk
(City Seal)
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�Y'`A of: S 'L` , iPP
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City Council Agenda Statement
Meeting Date: December 13, 2021
To: City Council
Through: Janette Bower, City Manager
From: Sam Hickok, Acting Finance Director
Agenda Item: Resolution 2021-141: Confirming Application for the ARPA Local Government
Lost Revenue Relief Program ("LGLRRP'� from the Alaska Department of
Commerce, Community and Economic Development to Offset Significant
Revenue Loss due to the COVID-19 Public Health Emergency
Background and justification:
The Alaska legislature appropriated $50 million from the State's American Rescue Plan Act (ARPA)
COVID State and Local Fiscal Recovery funds toward a local government relief grant program to
promote economic recover and continuity of government services to local governments that
experienced revenue loss due to COVID-19, to be administered by the State of Alaska Department
of Commerce, Community and Economic Development, Division of Community and Regional Affairs.
Local governments must demonstrate at least a 10% revenue loss in 2020 revenue according to
DCRA's formula -based calculation tool. According to this tool, Seward has demonstrated a loss of
revenue of $3,491,342 or 26.1% in 2020, making Seward eligible for this funding. Award amounts
will be determined based on qualifying revenue loss due to COVID-19 and the total amounts applied
for.
Of the allowable use of funds, Administration has identified water and sewer infrastructure the best
use. The funds will be split evenly between the Water and Wastewater Enterprise Funds and placed
in their own capital project funds. Once specific infrastructure projects have been identified,
Administration will bring a resolution to Council for approval and appropriation
Consistency checklist:
Comprehensive Plan: 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and
encourage future development
Strategic Plan: Page 9 - Promote Residential and Commercial Development Inside the City
Other: N/A
Fiscal note:
Is this a budgeted expense? ❑ Yes ❑✓ No
If yes, from which line item?
Funds will be recorded as Federal Grant Revenue within the Water and Wastewater capital project
funds and appropriated for future infrastructure projects once identified and approved by Council.
iNy:
Finance Department approval: 14
Attorney Review✓:
Yes ❑ Not applicable ❑
Recommendation
City Council approve Resolution 2021-141.
WIN
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Resolution 2022-052
Documents:
• Agenda Statement
• Resolution 2022-052
• Attachments:
o UpSafety Software License and Service Agreement
`[IR
City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
Through: Janette Bower, City Manager
From: Tyler Florence, Parks & Recreation Director
Agenda Item: Resolution 2022-052: Authorizing the City Manager To Enter Into A 3 Year
Sole Source Agreement With T2 Systems To Provide Parking Enforcement &
Permit Management Software In An Amount Not To Exceed $31,297.00 And
Appropriating Funds
Background and justification:
Parks & Recreation is tasked with managing public parking lots in the harbor area, including the
North Lot, South Lot, Northeast Launch Lot, Shoreside Lot, South Launch Lot, and the South Harbor
Uplands lot. In furtherance of the 2030 City of Seward Comprehensive Plan goals —supporting
enforcement/compliance of legal parking, storage and use of the public right of way, and enforcing
parking consistently in the downtown and harbor areas —the City has implemented several solutions,
including deploying on -site payment kiosks, mobile payment options, and online permit registration.
In continuation of the City's effort to improve parking compliance and enforcement, as well as the
permit registration experience, we recommend procuring Up Safety compliance and permitting
software offered by T2. The unique benefits of this solution include full integration across our
parking management system, including pay stations, mobile payment, permitting, and compliance
platforms, which will enable seamless compliance checks and a simplified user experience. Due to
the investment the City has already made in T2 pay kiosks, we recommend sole sourcing the
purchase of Up Safety from T2 because it will fully integrate all our parking management systems.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.4.1 Support enforcement/compliance of legal parking, storage and use of the
public right of way. Enforce parking consistently in the downtown and harbor
areas.
Strategic Plan: Improve access to and within the
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 31,297.00
This legislation (✓):
Creates revenue in the amount of:
x Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
Funds are (✓):
$ 31,297.00
`r09,
Budgeted Line item(s):
x Not budgeted 13000-2900-8103 Capital Equipment
Not applicable
unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC Electric Wastewater
Boat Harbor x Parking Water Healthcare
Motor Pool Other
Unassigned Fund Balance*: $ 1,451,061.61 *Unaudited numbers end of 3/31/22
Available Unrestricted Cash Balance*: $ 1,717,671.12
Finance Signature:�`�
Attorney Review✓ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-052
A Resolution Of The City Council Of The City Of Seward, Alaska,
Authorizing The City Manager To Enter Into A 3 Year Sole Source Agreement
With T2 Systems To Provide Parking Enforcement & Permit Management
Software In An Amount Not To Exceed $31,297 And Appropriating Funds
WHEREAS, goals of the 2030 City of Seward Comprehensive Plan include supporting
enforcement/compliance of legal parking, storage and use of the public right of way, and enforcing
parking consistently in the downtown and harbor areas; and
WHEREAS, parking compliance and permitting software aids these goals by enabling
efficient and cost-effective parking management, and convenient permit registration; and
WHEREAS, Parks & Recreation has conducted extensive research into enforcement &
permitting software in order to identify a solution that would meet all task requirements and deliver
the best quality and value; and
WHEREAS, a quote was obtained from T2 Systems for Up Safety parking enforcement
& permit management software in the amount of $31,297.00 over 3 years; and
WHEREAS, T2 Systems is the sole source that provides a solution that meets all of the
task requirements for parking management and fully integrates with the City's existing T2 pay
kiosks.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is authorized to enter into a 3-year sole source agreement
with T2 Systems to provide parking enforcement & permit management software.
Section 2. Funding in the amount of $31,297.00 is hereby appropriated from
13000-0000-3400 Parking Unassigned Fund Account to 13000-2900-8103 Capital Equipment.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 1 lth day of
April 2022.
108
CITY OF SEWARD, ALASKA
RESOLUTION 2022-052
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
109
UPSAFETY 2
a �SYSTEIVIS company
SOFTWARE LICENSE AND SERVICE AGREEMENT
The following terms, including the terms and conditions found in all Exhibits (the "Agreement"), represent the full
understanding of United Public Safety, Inc. ("UPsafety") and the City of Seward - AK ("Client"), the "Parties" and
each individually a "Party"). In exchange for the mutual covenants herein and other good and valuable
consideration, the Parties agree and intend to be bound as follows:
I. General Terms
United Public Safety will provide services (the "Services") and license all software, including all web and mobile
applications and related documentation, (the "Software") necessary for Client to operate a Citation Management
Program ("CMP") which allows Client's parking enforcement officers to issue parking citations and allows Client
to accept payment for parking citations and perform citation adjudication tasks.
Exhibits A - C listed below are incorporated into and made a part of this Agreement and supersedes all prior
written and oral agreements, purchase orders, proposals, representations, understandings, promises,
descriptions or other communications between the Parties regarding the same. If Client submits any order form
with contrary terms or conditions, such order form shall be considered only as confirmation of the order and shall
in no way amend, prevail over, supplement, or supersede any of the provisions of this Agreement or any Exhibit.
In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence
over the exhibits and any inconsistency between the Exhibits will be resolved in their listed order, which include:
• Exhibit A: SaaS Terms and Conditions
• Exhibit B: Agreement to Purchase / Quote
• Exhibit C: Scope of Work
II. Term and Termination
"The Term and Conditions of the Agreement are effective from the date on which UPsafety signs this
Agreement (the "Effective Date") and will remain in effect for THREE (3) years from the date on which the
Software is deployed to Client (the "Go Live Date").On the third anniversary of the Go Live Date, and on each
anniversary date thereafter, this Agreement will automatically renew for a one-year period upon the same terms
and conditions. If either the Client or UPsafety does not wish for any such renewal, a Party must notify the other
party in writing of its intention not to renew no later than sixty (60) days prior to any such anniversary date, in
which case this Agreement shall terminate on such anniversary date.
If handheld and training costs have been paid in full, either Party may terminate this Agreement for convenience
with sixty (60) days' written notice, or terminate for cause with immediate effect in the event that a Party provides
written notice to the other Party of a material breach and the breaching Party fails to cure the breach within
fifteen (15) days after receiving written notice of the breach from the non -breaching Party. In the event this
Agreement is terminated for convenience, the terminating Party will be responsible for providing all services
and/or paying all fees described herein that are incurred before the date of termination. In the event the Provider
terminates this Agreement for cause UPsafety shall not be entitled to receive any further payment under this
Agreement after the termination date set forth in the notice.
"lt
III. CityCiteTM Platform Component Terms
UPsafety will provide the service, or services as specified in Exhibit B: Agreement to Purchase in conformance
with the following Terms:
I. Physical Equipment
UPsafety will supply hardware to Client in the models and quantities set forth in the attached Agreement
to Purchase.
All equipment provided by UPsafety under this Agreement will be standard new and unused equipment
of the latest model available. Where any standard part or accessory of such equipment is not described,
it shall be understood that all equipment and accessories that are provided standard with such equipment
shall be furnished.
Client acknowledges that, if the equipment has not been purchased outright by the Client, that the
equipment is the property of UPsafety, and Client agrees to exercise reasonable care of said equipment
while in its possession.
Leased equipment that becomes lost or stolen will be the sole responsibility of the Client, and will be
billed to the Client at current price or price defined in Exhibit B — Agreement to Purchase. If the exact
equipment is not available, UP Safety will provide a similar unit that is compatible with solution at current
price.
II. Data Plans
UPsafety will provide a Data Plan for each device requiring one, allowing unlimited data usage for the
handheld devices covered by these plans, for the pricing laid out in Exhibit B: Agreement to Purchase.
UPsafety expressly disclaims all warranties as to the network's reliability, fitness for a particular purpose
or uptime.
III. Paper and Physical Consumables
Paper, Permits and other Physical Consumables will be provided in the configurations and quantities
identified in the attached Agreement to Purchase. Additional paper can be purchased for the same terms
for up to (1) year from this Agreements Effective Date, after which paper can be purchased at UPsafety's
then current price list.
If Client orders custom printer paper not quoted in the attached Agreement to Purchase, UPsafety will
provide a separate Agreement to Purchase to Client detailing costs.
IV. Public Citation Management Portal
UPsafety will provide an online payment portal and an interactive voice recognition (IVR) system through
which patrons may view, pay and dispute outstanding parking citations, as well as view, purchase and
apply for permits.
V. Automated Notice Generation, Owner Lookups & Collections
UPsafety will prepare all Delinquent Notices and Notice of Violations for outstanding tickets issued to
vehicles bearing State of Alaska plates and Out -of -State plates (to the extent allowed by each State's
DMV) to the last known registered owner(s). State agency approval will also be obtained where
applicable with assistance from the Client. Such notices shall comply with state rules and regulations in
all material respects.
If authorized by Client, citations which remain unpaid may be submitted to the applicable Courts for
escalation, and/or submitted to a collections agency to initiate a further collections process.
INS
VI. Custom Software Development
Upon the request of the Client and the receipt by UPsafety of a signed purchase order, UPsafety may
perform custom software development to customize the CityCite TM, CodeCiteTM or ForCiteTM platforms
to meet the Client's needs. Work will be performed in accordance with an issued Statement of Work
("SOW'), and will be performed in a professional and workmanlike manner in accordance with recognized
industry standards and other specifications as outlined in the project specific SOW. All development is
owned exclusively by UPsafety unless client ownership is explicitly defined in the SOW.
VII. Support & Issue Resolution
Through the life of the Contract, UPsafety will provide online, telephone and e-mail support to Client
during the Term, providing live, direct UPsafety Product Support from 8:00 a.m. to 5 p.m. EST, Monday
through Fridays, excluding holidays. Additionally, Email and Voice Mail will be made available 24/7 and
a reply will be generated by UPsafety initiating the Support call within 1 hour.
UPsafety Product Support will assist Clients in communications relating to, but not limited to:
• Recommendations for optimal use of CMP
• Problems with or questions pertaining to the operation of CMP
• Problems with interfaces between CMP & other systems
• Error messages from CMP
• Printing issues related to CMP Mobile Software
• Questions about CMP customizable reporting tool
VIII. Shipping Costs
Client will be responsible all shipping costs to its facility incurred by UPsafety for the shipment of Paper,
Equipment, Permits and all other physical components required to operate the CMP.
Ix. Out of Scope Services
Additional services requested by the Client that are not described in this Agreement must be submitted
in writing by the Client. UPsafety will prepare a separate statement of work along with a detailed cost
estimate to be approved in writing by the Client prior to the implementation of said changes or additions.
This includes, but is not limited to, requests for additional equipment, installation of additional sessions,
Client requested software modifications and/ or relocation of equipment.
X. Service Level Agreement for Cloud Services
UPsafety will provide the software with uptime of at least ninety-nine point nine percent (99.9%)
calculated over a rolling six-month period ("uptime guarantee"). For any month during which system
uptime drops below the uptime guarantee, UPsafety will provide a billing credit in an amount equal to:
the percentage difference between a) the lowest uptime reached at any point during the month
(calculated on a rolling six-month period) and b) the uptime guarantee multiplied by the total fees payable
to UPsafety for such month. For example, if during a given month the software uptime fell as low as
ninety-five percent (95%) and during that month, the fees payable to UPsafety were one hundred dollars
($100.00), UPsafety would issue a billing credit of four dollars and ninety cents ($4.90). For the purposes
of this agreement, uptime is defined as any period of time during which end users of the software can
use the software to: (1) pay for parking citations and permits, and (2) issue and manage parking citations
and permits minus any scheduled maintenance window and any other maintenance or outage that may
be required.
"V:
IV. Merchant Processing Framework
In performing UPsafety's obligations in connection with the maintenance of the Public Citation Management Portal
("PCMP"), UPsafety will serve as the merchant of record for all PCMP transactions and will supply a payment
gateway for all such transactions.
Except for chargeback fees and any other transaction exception fees from UPsafety's merchant bank, UPsafety
will be responsible for all merchant processing costs associated with citation payments made online through the
payment portal provided by UPsafety, including, without limitation, settlement fees, payment gateway fees, and
interchange reimbursement fees. Chargeback fees from UPsafety's merchant bank will be passed through directly
to Client with no markup.
UPsafety will remit all fees and fines to Client, less UPsafety's per transaction fees, refunded transactions and
associated fees, merchant processing fees and chargeback and refund fees as applicable based on the pricing
set forth in Exhibit B: Agreement to Purchase.
V. Fees
Client agrees to the fee schedule outlined within Exhibit B: Agreement to Purchase. Invoices will be submitted on
a monthly basis, payable within thirty (30) days upon receipt.
Fees may increase after the initial term at every term renewal as set forth in the quote as. If not defined in the
quote, renewals may increase by an amount not to exceed the Consumer Price Index ("CPI").
VL Payment
Payment for Software Licensing, Data Plans and CiteGuardPlusTM Warranties are invoiced one (1) year in
advance. Payment for purchased Hardware and CiteGuardTM warranties are due prior to installation. If handheld
and other upfront costs have been amortized over a three-year term, the lump sum payment outlined in the
attached Agreement to Purchase will be invoiced one year in advance.
Payments for any Revenue Share, Owner Lookups, Data Entry, Automated Notices and Call Center Support, as
applicable, are invoiced monthly on an as -used basis conformant to the Agreement to Purchase or other
Appendices.
UPsafety shall keep accurate records of all services performed under this agreement and shall submit such
information to the Client with each invoice. Any payment for goods or services provided under this agreement
shall be made to UPsafety not more than thirty (30) days after receipt of an invoice and acceptance of the goods
or services by the Client.
VII. Signatures
This Software License and Service Agreement ("Agreement") is entered into, as of the Effective Date, between
United Public Safety, Inc. and the Client named below. This Agreement includes and incorporates the terms and
conditions found in this document and the Standard Terms and Conditions found in Exhibit A, and the terms and
conditions found in Exhibits B through C, which are attached hereto and incorporated herein by reference. There
shall be no force or effect to any different terms of any related purchase order or similar form even if signed by
the parties after the date hereof.
SIGNATURE PAGE TO FOLLOW
"K]
Agreed and Accepted:
United Public Safety, Inc.
City of Seward - AK
By
By
Name
Name
Title
Title
Date
Date
ISE
SaaS Terms and Conditions
These United Public Safety Terms and Conditions are related to and deemed incorporated into the CONTRACT
aforementioned between United Public Safety, Inc., a Pennsylvania corporation having a principal place of business in 321
Morris Road, Fort Washington, Pennsylvania ("UPsafety"), and the City of Seward(the "Client"). Client's execution of a
CONTRACT referencing these Terms and Conditions shall be deemed Client's agreement to these Terms and Conditions.
In the event of any conflict between the terms of the CONTRACT and these Terms and Conditions, the CONTRACT shall
control with respect to such conflicting terms.
1. Definitions
For purposes of these Terms and Conditions, the terms below shall have the meanings defined below. Additional
terms are defined in the preamble above and throughout these Terms and Conditions.
i.i. "Client Content" means any data, databases, information, trademarks, service marks, logos, files, images,
text, files, records or other content that may be provided by or on behalf of Client or its authorized users for
use in conjunction with the Software or Services.
1.2. "SaaS Term" means the period during which the Services and access to the Software will be provided by
UPsafety to Client, including the Initial Term and any Renewal Terms (as each is defined in Section8.1).
1.3. "Services" means the hosting, maintenance, support and other services provided by UPsafety pursuantto
these Terms and Conditions.
1.4. "Software" means the software specified in the CONTRACT, with "Management Platform" referring tothe
internet accessible management portal, customer facing websites, and "Mobile" referring to the Android based
data collection software.
i.s. "UPsafety Content" means any information, documentation or other materials provided to Client by
UPsafety relating to the Software, including, without limitation, the User Documentation.
1.6. "User Documentation" means the UPsafety user documentation relating to the Software.
1.7. "CONTRACT" means the agreement accepting the costs and terms of the products and services sold to
Client by UPsafety.
1.8. "Web Sites" means the web sites of UPsafety, including the web sites that provide access to the Software.
2. Web -Based License
UPsafety grants to Client, and Client accepts, a nontransferable, nonexclusive license and right to access the
Management Software via the Internet, and to the Mobile Software through mobile devices on which UPsafety has
installed their software at the client's behest. Client agrees to the use of this Software and the User Documentation
only as authorized in these Terms and Conditions, for its own internal purpose and operations, during the SaaS Term.
Client acknowledges that its access to and use of the back end management Software will be web -based only. This
Software will not be provided to Client in CD-ROM or DVD form (or any other form of media) and will not be installed
on any servers or other computer equipment owned or otherwise controlled by Client. Instead, the Management
Software will be hosted by UPsafety (as described in Section 3) and accessed and used by Client through the use of
the Internet and Client's computers, while Mobile Software will be installed on Client mobile devices exclusively by
UPsafety.
3. Accessibility
UPsafety will provide Client access to the latest supported version of the Management Platform Software via the
Internet, from the Microsoft Azure hosting facility leased by UPsafety on a 24x7 basis, except for scheduled and
emergency maintenance as set forth in Section 9, Mobile Software, which may be installed on Client's mobile devices,
will also be accessible 24x7, but may lack connectivity to the Management Platform during maintenance periods, or
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in the absence of wireless connectivity.
4. Limitations
The maximum number of Client's employees, Contractors, volunteers, and other agents that are simultaneously
accessing or using the Software at any given time shall not exceed the number of users specified in the CONTRACT.
Client's use of the Software may not exceed the scope of the use provisions above without the express written
agreement of UPsafety.
5. Permitted Uses
Consistent with and subject to UPsafety's database permissions and limitations, users shall be permitted access to
the UPsafety CityCite® products for the following uses (but only such uses) as described below:
By users as permitted and authorized by Client within the terms and features of the CONTRACT:
(i) Issuance & Management of Citations, Tickets & Permits
(ii) Customization & Management of Settings, Rules, Reporting and User Permissions
(iii) Customization & Management of Public Citation Management Portal
The permitted uses described herein shall only be permitted during the SaaS Term. Client agrees that upon expiration
or termination of the SaaS Term, all rights granted to Client shall immediately terminate and revert to UPsafety, and
Client shall destroy the UPsafety Content and any and all copies thereof, in any form, and shall erase from all computer,
electronic, or other storage device or otherwise destroy all images and copies of the UPsafety Content, and shall
provide certification as to the same.
6. Hyperlinks
UPsafety's web sites may contain hyperlinks to other web sites which are not maintained by, or related to, UPsafety.
Hyperlinks to such web sites are provided as a service to users and are not sponsored by or affiliated with the Web
Site(s) or UPsafety. UPsafety does not continuously monitor or review any or all of such web sites and is not
responsible for the content of those web sites. Hyperlinks are to be accessed at the user's own risk, and UPsafety
makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the web
sites hyperlinked to the Web Sites. UPsafety provides hyperlinks as a convenience, and the inclusion of any hyperlinks
to a third party web site does not necessarily imply endorsement by UPsafety of that web site or any association with
its operators. UPsafety has no liability for any damage or loss that Client or its users maysuffer as a result of the use
of any third -party web sites.
7. Additional Storage Fees
UPsafety shall provide a default maximum storage space of 250 GB, which includes the backup and retention thereof,
to the Client within the hosted environment. Any additional data usage beyond the initial 250 GB will be billed in
accordance with the Agreement to Purchase or Quote or as real increased cost levied by providers are incurred, as
specified in the CONTRACT.
8, Maintenance Window
UPsafety and/or its hosting or telecommunications vendor(s) may perform system maintenance within the following
"Maintenance Windows" during which time access to the Software, Services and Client Data may be temporarily
unavailable:
O "Security Maintenance/Upgrade Window" — Nightly between 12 a.m. and 6 a.m. U.S. Eastern Time for
application of periodically distributed security/software updates as provided by operating system,
network, and firewall vendors, or UPsafety.
( i) "Emergency Maintenance Window" — In the event there is an unforeseen issue that causes the Software
or the Services to be unavailable or the performance of the Software or the Services to be materially
inhibited, in which case the Software or Services may be temporarily unavailable while UPsafety and its
vendors work to resolve the issue.
INK
Client understands and agrees that there may be instances when UPsafety needs to interrupt access to the Software
without notice in order to protect the integrity of the Software or Services due to security issues, virus attacks, spam
issues or other unforeseen circumstances.
9. Availability
9.i Commitment Level. UPsafety will provide access to the Software during the SaaS Term, defined within
CONTRACT. Any Maintenance Window shall not be included as downtime for purposes of determining availability.
9.2 System Monitoring. UPsafety will monitor performance indicators on the systems and network infrastructure (its own
and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take
reasonable steps to address systems and network infrastructure as required to maintain application performance.
UPsafety will use an internal system to measure whether the Software is available, and Client agrees that this system
will be the sole basis for resolution of any dispute that may arise between Client and UPsafety regarding these Terms
and Conditions. UPsafety will not systematically monitor Client Content, but UPsafety reserves the right to review
Client Content from time to time in its discretion. UPsafety reserves the right to (a) disable access to or delete any
Client Content which it determines in its sole discretion (such discretion to be exercised in good faith) to be illegal,
obscene, threatening, defamatory, fraudulent, infringing, harassing, or otherwise offensive, and (b) disable access
to or delete any other Client Content under justified exigent circumstances, as such circumstances are determined
in good faith by UPsafety. UPsafety also reserves the right to monitor, restrict, and terminate Client's ability to build,
run and obtain reports and batch jobs/processes through the use of the Software or Services if Client is using
excessive computing resources which are impacting the performance of the Software and Services for other
subscribers. UPsafety agrees to notify Client in cases where it restricts or terminates such reports or jobs/processes
and use good faith efforts to determine an appropriate alternative or work -around solution.
10. Upgrades
UPsafety will install upgrades/releases of the Software which are generally made available to its other subscribers,
including patches and/or fixes, as they are made available, at no charge during the SaaS Term.
11. Client Responsibilities
Client will retain responsibility for administering security within the UPsafety applications (e.g., the granting of rights to
a user for a specific form in the application), including maintaining the secrecy of all usernames and passwords.
Client shall be responsible for all actions taken using the usernames and passwords provided to Client. Client is
responsible for maintaining its user desktops and other devices and providing users network and internet access to the
Software. Client is also responsible for ensuring that its users comply with these Terms and Conditions with respect to
use of the Software and Services. Client shall provide secure connectivity to the Internet for its location(s) for purposes
of providing adequate access to Software hosted at the Hosting Site. UPsafety shall not be responsible for the reliability
or continued availability of the communications lines, or the corresponding security configurations, used by Client in
accessing the Software via the Internet. Client shall provide adequate industry "best practice" standards to ensure
reasonable security for integration between applications at the Client site and Software hosted by UPsafety. Client shall
provide accurate input information in the manner reasonably prescribed by UPsafety in connection with the Software
and Services provided under these Terms and Conditions. Client shall advise UPsafety of any changes to Client's
operations, banking relationships, Primary Contact, or other information that would require a change in the support,
operation, or configuration of the hosted Software. Client shall configure necessary user accounts via the administrator
account provided by UPsafety. Client shall be responsible for ensuring that any Client Content is accurate, not corrupt
in any way, and does not contain any viruses. Client shall be solely responsible for, and shall hold UPsafety, its third
party suppliers, and their respective Representatives harmless from any loss, damage or liability arising in connection
with Client's inputs, selection and use of the Services, and all data (including Client Content), reports, statements and
other content transmitted, posted, received or created on the UPsafety system through Client's account, even if
transmitted, posted, received or created by a third party
12. Intellectual Property Rights
Client agrees that the Software, User Documentation and Services are proprietary products and services and that all right,
title and interest in and to the Software, User Documentation and Services, including all associated intellectual property
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and other proprietary rights, are and shall at all times remain with UPsafety and its third party licensors. The Software
contains trade secret and proprietary information owned by UPsafety or its third party licensors and is protected by United
States copyright laws and international trade provisions and other applicable law. Client must treat the Software like any
other copyrighted material and Client may not copy or distribute the Software or the User Documentation, electronically
or otherwise, for any purpose. Client hereby grants to UPsafety a nonexclusive right to use all Client Content for the
purposes of providing the Software and Services to Client and its authorized users pursuant to these Terms and
Conditions. Client represents and warrants that the Client Content does not infringe or violate the intellectual property,
proprietary or personal rights of any third party and Client has the right to grant UPsafety the right to use the Client Content
as set forth herein.
13. Other Restrictions
Use of the Software and Services is restricted to use by the specific licensing entity only, and only for Client's internal
business purposes. Client may not use the Software or Services for the benefit of any third parties or provide service
bureau or other access or use of the Software or Services to third parties. Client may not, directly or indirectly, sublicense,
assign, transfer, sell, rent, lend, lease or otherwise provide the Software, Services (or any portion thereof, including
without limitation any capacity) or the User Documentation, or any portions thereof, to any third party, and any attempt
to do so is null and void and shall be deemed a material breach of these Terms and Conditions. Client may not reverse
engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the Software.
Client shall not use the Software for any commercial purpose beyond the functionality for which the Software is intended.
Client hereby agrees, represents and warrants to UPsafety that Client will not access or use the Software or the Web
Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. Client will not use the Software,
Services or UPsafety ToCite, CityCite, CodeCite and ForCite Cloud product to take any actions that (i) infringe on any
third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate
any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade
libelous, threatening, harassing, or obscene; (iv) constitute unauthorized entry to any machine accessible via the
network; (v) create or build any derivative works from any information, content, software, products or services obtained
from or otherwise connected to UPsafety's Software or Web Sites, including appending such information or content to
Client's internal database for distribution to multiple nonprofits as a donor database product or service; or (vi) distribute,
transfer or resell the results of Client's use of the Software, Services or Web Sites. Client shall not interfere with or disrupt
network users, services or equipment with the intent to cause an excessive or disproportionate load on UPsafety's or its
suppliers' infrastructure by means of (but not limited to) distribution of unsolicited bulk emails or chain letters, viruses,
Trojan horses, worms, or other similar harmful or deleterious programming routines. Client further agrees to cooperate
with UPsafety in causing any unauthorized use (including but not limited to co -branding, framing or hyper -linking) to
immediately cease.
14. Location, Audio, Image and Video Services
Client acknowledges and consents to the automated and manual creation and/or collection of Location -Based, Audio,
Image, and/or Video Services information in the Software and/or Device through interaction between the Devices where
the Software is installed, UPsafety's servers, and third party applications and systems. UPsafety will use commercially
reasonable efforts to ensure the accuracy of Location -Based, Audio, Image, and/or Video Services; however, UPsafety
assumes no liability or responsibility in the event of inaccuracies in such information. While UPsafety uses commercially
reasonable efforts to safeguard such information, UPsafety assumes no liability or responsibility for losses resulting from
illegal or fraudulent access to Location -Based, Audio, Image, and/or Video Services related information. UPsafety also
reserves the right to make such information available to auditors, police and other governmental agencies as permitted
or required by law.
15. Software Modifications
Client shall not make any modifications to the Software. Any modifications that Client makes to the Software will void any
warranty obligations contained in these Terms and Conditions and UPsafety in its sole discretion, may terminate the
CONTRACT.
16. Limitation of Liability
UPSAFETY'S MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THESE TERMS AND CONDITIONS,
IS&
REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY,
SHALL IN NO EVENT EXCEED THE FEES PAID BY CLIENT DURING THE TWO-YEAR PERIOD PRECEDING NOTICE
TO UPSAFETY OF CLIENT'S LOSS. IN NO EVENT SHALL UPSAFETY BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA,
LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION,
COST OF COVER, OR OTHER PECUNIARY OR NON- PECUNIARY LOSS, HOWEVER ARISING, EVEN IF UPSAFETY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UPSAFETY SHALL HAVE NO LIABILITY OR
RESPONSIBILITY IN THE EVENT OF ANY LOSS OR INTERRUPTION IN SOFTWARE ACCESS DUE TO CAUSES
BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION OR FAILURE OF
TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS, INTERNET SLOWDOWN OR FAILURES. THE
PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO CLIENT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. Independent Contractor
UPSAFETY IS AN INDEPENDENT CONTRACTOR AND NOT AN AGENT OR EMPLOYEE OF CLIENT. NO AGENCY,
PARTNERSHIP, FRANCHISE, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP EXISTS BETWEEN UPSAFETY
AND CLIENT. UPSAFETY'S EMPLOYEES AND AGENTS WILL NOT BE EMPLOYEES OR AGENTS OF CLIENT.
UPSAFETY SHALL BE FULLY AND SOLELY RESPONSIBLE FOR THE SUPERVISION, CONTROL, PERFORMANCE,
COMPENSATION, BENEFITS (INCLUDING, WITHOUT LIMITATION, ALL FORMS OF INSURANCE) WITHHOLDINGS,
HEALTH AND SAFETY OF ALL OF ITS EMPLOYEES AND AGENTS. CLIENT WILL NOT BE RESPONSIBLE OR
LIABLE FOR ANY WITHHOLDING TAXES OR CONTRIBUTIONS TO STATE WORKER'S COMPENSATION,
UNEMPLOYMENT OR OTHER FUNDS OR PROGRAMS.
18. Notices
All notices, consents and communications required hereunder shall be given in writing and delivered by electronic mail or
mail, shall be deemed to be given upon receipt thereof and shall be sent to address below:
United Public Safety, Inc.
321 Morris Road
Fort Washington, PA, 19034
EMAIL: joe.weiler@t2systems.com
19. Compliance with Applicable Law
ALL WORK PERFORMED BY UPSAFETY SHALL BE IN CONFORMANCE WITH PERTINENT OSHA, LOCAL, STATE
AND FEDERAL GOVERNMENT LAWS, RULES AND REGULATIONS. UPSAFETY FURTHER COVENANTS AND
AGREES THAT ALL WORK PERFORMED AND FURNISHED HEREUNDER SHALL BE IN ACCORDANCE WITH
APPLICABLE PROFESSIONAL STANDARDS.
20. Warranties
Mutual Warranties. Each party warrants that (i) it has the right and power to enter into these Terms and Conditions, and
(ii) it will comply with all applicable laws and regulations pertaining to these Terms and Conditions. UPsafety Limited
Warranty. UPsafety warrants that the Services will be performed in a professional and workmanlike manner in accordance
with recognized industry standards and other specifications as outlined in the CONTRACT.
UPsafety Limited Warranty. UPsafety warrants that the Services will be performed in a professional and workmanlike
manner in accordance with recognized industry standards and other specifications as outlined in the CONTRACT.
Exclusive Remedies. If, during the Warranty Period the Software fails to comply with the Software Warranty set forth
above, UPsafety's entire liability and Client's exclusive remedy beyond these damages will be either to (a) repair or
replacement of the Software, or (b) if in UPsafety's opinion such repair or replacement is not possible, termination of the
SaaS Term and a refund of the Subscription Fees paid for the Software. This limited warranty is void if failure of the
Software has resulted from accident, abuse, misuse or negligence of any kind in the use, handling or operation of the
Software, including any use not consistent with the User Documentation or UPsafety training. UPsafety's entire liability
INK
and Client's exclusive remedy for any breach of warranty with respect to the Services as described above shall be
UPsafety re -performing the Services performed.
Disclaimers. Any written or oral information or representations provided by UPsafety agents, employees, resellers,
consultants or service clients with respect to the use or operation of the Software will in no way increase the scope of
UPsafety's warranty. UPsafety and its suppliers exercise no control whatsoever over the content of the information passing
through their systems. Client and users must exercise their own due diligence before distributing and/or relying on
information available on the Internet, and must determine that they have all necessary rights to copy, publish, or otherwise
distribute such information under copyright and other applicable laws. Neither UPsafety nor its suppliers will be liable for
any consequences of providing services, including those suffered as a result of delivering or accessing information or
content, such as accessing information with offensive, inaccurate or inappropriate content, the possibility of Contracting
computer viruses, or unauthorized access to or alteration, theft, or destruction of any data, files, programs, procedures,
or information through accident, fraudulent means or devices, or any other method.
UPSAFETY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN
USING THE SOFTWARE OR THE SERVICES, OR THAT THE SOFTWARE OR THE SERVICES WILL MEET CLIENT'S
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE AND IN THE CONTRACT, UPSAFETY EXPRESSLY
DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY
(BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW. FURTHER, UPSAFETY
EXPRESSLY EXCLUDES ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
21. Confidential Information
Definition. The term "Confidential Information" shall mean: (i) any and all information which is disclosed by either party
("Owner") to the other ("Recipient") verbally, electronically, visually, or in a written or other tangible form which is either
identified or should be reasonably understood to be confidential or proprietary; and (ii) the terms, including, without
limitation, the pricing, of the Software and Services and any proposals or other documents that preceded these Terms
and Conditions. Confidential Information shall include, but not be limited to, personal information (individual name,
address, contact information, and individual payment amounts), organization and credit card information, trade secrets,
computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies,
forecasts, client lists, employee information, financial information, confidential information concerning any of Owner's past,
current, or possible future programs, and confidential information concerning Owner's business or organization, as Owner
has conducted it or as Owner may conduct it in the future. In addition, Confidential Information shall include information
concerning any of Owner's past, current, or possible future products or methods, including information about Owner's
research, development, engineering, purchasing, manufacturing, accounting, marketing, selling, leasing, and/or software
(including third party software).
Treatment of Confidential Information. Owner's Confidential Information shall be treated as strictly confidential by
Recipient and shall not be used by Recipient other than in connection with its performance under these Terms and
Conditions or disclosed by Recipient to any third party except to those third parties operating under non -disclosure
provisions no less restrictive than in this Section and who have a justified business "need to know". Client shall protect
the deliverables resulting from Services with the same degree of care. These Terms and Conditions impose no obligation
upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a)
was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior
to receipt from Owner; (b) is or becomes generally known to the public without violation of these Terms and Conditions;
(c) is obtained by Recipient in good faith from a third party having the right to disclose it without an obligation of
confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access
to the Confidential Information; or (e) is required to be disclosed by court order or applicable law, provided notice is
promptly given to the Owner and provided further that diligent efforts are undertaken to limit disclosure. UPsafety does
not guarantee that Confidential Information provided to it in order for UPsafety to perform its support or professional
services will be stored indefinitely and UPsafety reserves the right to purge such information from its database after one
(1) year. The preceding statement does not affect information stored in the Software.
Client Database. On the Commencement Date, UPsafety will notify Client's Primary Contact prior to accessing the
Client's database file for the purpose of providing trouble -shooting, problem resolution, support, and professional services
and will proceed once confirmation is received from the Client via email or phone communications. Client authorizes
UPsafety to edit data without notification for all work performed prior to the commencement of the Initial Term and Client
is required to cooperate with UPsafety to provide or request specific data edits as part of the implementation project.
IP0,
Rights and Duties. The Recipient shall not obtain, by virtue of these Terms and Conditions, any rights, title, or interest in
any Confidential Information of the Owner. Within fifteen (15) days after termination of the SaaS Term, each party shall
certify in writing to the other that all copies of Confidential Information in any form, including partial copies, have been
destroyed, returned, or used solely as the Owner so directs.
Survival. The terms of this Section shall survive termination of the SaaS Term. If the parties have executed a separate
agreement that contains confidentiality terms prior to or contemporaneously with entering into the CONTRACT (and
thereby, these Terms and Conditions), those separate confidentiality terms shall remain in full force to the extent they do
not conflict with these Terms and Conditions.
22. Indemnity
By UPsafety. UPsafety shall indemnify and defend Client against any third party claims that the Software or other Work
Product (defined below) made available to Client by UPsafety infringe any United States, Canadian or Mexican patent or
copyright during the SaaS Term, provided that UPsafety is given prompt notice of such claim and is given information,
reasonable assistance, and the sole authority to defend or settle said claim. In the defense or settlement of any claim
relating to infringing Software or other Work Product, UPsafety shall, in its reasonable judgment and at its option and
expense: (i) obtain for Client the right to continue using the Software or other Work Product; (ii) replace or modify the
Software or other Work Product so that it becomes non -infringing while giving substantially equivalent functionality; or (iii)
if UPsafety determines the remedies in (i) or (ii) are not commercially reasonable, as its sole obligation, terminate the
SaaS Term. UPsafety shall have no liability to indemnify and defend Client to the extent (i) the alleged infringement is
based on infringing information, data, software, applications, services, or programs created or furnished by or on behalf
of Client; (ii) the alleged infringement is the result of a modification made by anyone other than UPsafety; or (iii) Client
uses the Software or other Work Product other than in accordance with these Terms and Conditions or any documentation
delivered by UPsafety. This Section states UPsafety's entire liability and Client's sole and exclusive remedy for claims
relating to infringement.
By Client. Client shall indemnify and defend UPsafety against any claims (i) resulting from Client's and its users' use of
the Software, Work Product or Services; (ii) that any Client Content (including without limitation content provided by Client
for inclusion on a donation site) infringes or violates any rights of third parties, including without limitation, rights of publicity,
rights of privacy, intellectual property, trade secrets or licenses; or (iii) arising from or relating to Client's or its users' failure
to comply with these Terms and Conditions.
Survival. The terms of this Section shall survive termination of the SaaS Term.
23. Data Ownership
Client retains all rights to Client Content generated by the Customer. Except as otherwise set forth herein, UPsafety shall
not at any time use Client Content or disclose Client Content to any third parties, except that UPsafety may use Client
Content for the purpose of meeting its obligations under the CONTRACT and providing the Services, and may store, back-
up and archive Client Content and may generate anonymized data from Client Content.
24. Right to Work Product
Any invention, discovery, creation, expression or other result of UPsafety's Services, such as findings, analyses,
conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, applications, interfaces,
enhancements, software, and other technical information (collectively "Work Product"), created by UPsafety in the course
of performing the Services hereunder are the property of UPsafety and are licensed to Client, without further license fees,
pursuant to the license in these Terms and Conditions, provided, however, Work Product does not include, and Client
shall retain title to (i) Confidential Information of Client, and (ii) all Client Content. Client shall have no right to sublicense,
transfer, assign, convey or permit any third party to use or copy any Work Product.
25. Force Majeure
Except for Client's obligation to pay UPsafety, neither party shall be liable for any failure to perform its obligations under
these Terms and Conditions if prevented from doing so by a cause or causes beyond its control, including without
limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, epidemic or quarantine
restrictions, earthquakes, riots or civil commotion, strikes, war, and restraints of government, freight or other embargoes,
IN
weather conditions or any failures by UPsafety's subcontractors or suppliers.
26. Assignment
Neither these Terms and Conditions nor the CONTRACT shall be assigned by Client without the prior written consent of
UPsafety. Any attempted assignment in violation of this provision shall be null and void. Subject to the foregoing, these
Terms and Conditions are binding upon, inure to the benefit of, and are enforceable by the parties hereto and their
respective successors and assigns.
27. Miscellaneous
Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise
a particular remedy. If any provision of these Terms and Conditions are held to be unenforceable, the other provisions
shall nevertheless remain in full force and effect. The failure by either party to enforce any rights granted hereunder or to
take action against the other party in the event of any breach of these Terms and Conditions will not be deemed a waiver
by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. These
Terms and Conditions and the CONTRACT together set forth the entire agreement between the parties with respect to
the subject matter hereof and all other agreements, purchase orders, representations, communications and
understandings, both oral and written, are superseded hereby.
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Thursday, February 24, 2022 Quotation #22334 V2
United Public Safety I Cost Proposal
Hardware Pricing
Unlike many enforcement providers, we provide full, in-house support for the hardware we resell to you. That
means that instead of calling Printek/Samsung's technical support hotline, you're calling our fully US -based staff
under the same one -hour Service Level Agreement that we maintain for our software. We believe anything less is
not supporting the whole solution.
There are three main hardware options:
XF Print Hardware Package - $2695.00 per Package
We recommend this successor to our popular N5 class of one-piece devices as the workhorse device
foryour enforcement personnel. The hardware package includes the mobile computer, two hot-
swappable external battery packs, a charging dock which allows both the device and a supplemental
battery to be charged in tandem, a power supply/charging cable, a strap, carrying case, and vehicle
charger.
Samsung Note 20 & Printek FP530 Thermal Printer— $1950.00 per Package
For a two piece solution, this is an excellent choice. This package includes (1) new in box
Samsung Galaxy S20 device, (1) ruggedized case, (1) stylus, (1) new in box Printek FP 530 3"
Bluetooth printer including a belt clip.
Client -Procured Android Device + BT Printek FP530 Printer- $659.00 per Printer + $225.00 per
Android Device Configuration
Client could procure the compatible Android device of its choosing to pair with the FP530 3-inch
Printer and configure device to utilize the CityCite mobile software.
Hardware Warrantv & Data Plan Ootions
CiteGuardP/us Warranty - $35 per Device per Month
In the case of hardware damage or failure, this warranty fully covers:
1.) Immediate shipment of a no -cost Loaner device to replace the affected device
2.) A call tag for the affected device for shipment to our offices for repair
3.) Shipping for the repaired device back to your offices
4.) A call tag for the Loaner device
This provides for instant remediation of hardware issues, and keeps officers enforcing.
Verizon 5G Data Plan — $35.00 per Device per Month
We resell data plans from Verizon exclusively, because their network and speed are uncompromising. This
plan includes mobile data for one device.
United Public Safety, Inc., 321 Morr'kRoad, Fort Washington, PA, 19034
Thursday, February 24, 2022
Quotation #22334 V2
Platform Pricing and 24/7 Software Support
CityCiteTM Platform Fee — $249.00 per Active Device per Month
We sell our cloud hosted software suite at a recurring monthly license fee per device per month based on
the functionality utilized.
This fee includes:
1) A license for (1) mobile user and (1) cloud user to use our front-end data entry software, and cloud
based back end management software. This includes access to all features of our software,
including the iPermit permitting module.
2) 24/7/365 in house help desk support for any and all software and hardware issues.
3) Access to our Client Resource Center, which provides in depth details of the functionality within our
mobile and back end software, including video demonstrations and guided walk throughs.
4) Any and all software updates, including product enhancements, issue resolutions, and new feature
releases as they become available. Since inception, we have been releasing new software to
clients rapidly.
Some major upgrades in 2021, provided at no additional cost to ALL current subscribers, included:
• New Permits dashboard with data visualizations and quick reports.
• Geo-zone Mapping for Permits
• Temporary hourly and daily permits
• New embedded documentation site with training videos and feature walkthroughs
• Major UI upgrades to enhance user experience and simplify workflows
• Two-way integration with T2 Collections service, CCS
To ensure these features are fully utilized, we regularly hold UPsafety User Webinars, at no
additional cost to subscribers, before each major update to identify, train, and answer any and all
customer questions and concerns. Users who cannot make the webinar can request a recorded
copy to view anytime.
5) Free admission to our yearly Users Conference
6) Two free remote training sessions per year to ensure all users remain product experts
CityCiteTM Platform Fee — $199.00 per Additional Back Office License per Month
We sell our cloud hosted software suite at a recurring monthly license fee per back office license per month
based on the functionality utilized.
Patron Portal — Greater of 4.00% or $3.00 per Citation or Permit Paid Online
We can fully customize an e-commerce site to meet your needs, including branding, adding customized
dispute fields, and developing lookup logic. Through the portal, patrons can:
• Review photo evidence, as well as all ticket data recorded at the time of issuance
• Pay tickets online, from the moment a ticket is issued, via QR code on the ticket, the
website printed on the ticket, or, through the Interactive Voice Response (IVR) phone
number
• Dispute and inquire as to ticket status, including the upload documents to be viewed by
enforcement or administrative staff
United Public Safety, Inc., 321 Morr7 'Road, Fort Washington, PA, 19034
Thursday, February 24, 2022
Quotation #22334 V2
When a violator pays a $30.00 citation, they will pay the citation amount, plus the service fee, and we will
remit the full $30.00 citation value to you next day.
Trainina and Imolementation
Personalized Webinar Training — $895.00 One Time
This fee is for online training of your officers and administrators on how to use the system inside and
out, as well as training managers to a Train the Trainer standard.
Cloud Set Up and Customization — $1875.00 One Time
We charge this fee to fully customize the cloud to your department, including setting permissions for each
individual employee, implementing ticket lifecycle business logic, creating report templates specified by
managers, importing common street names in order to optimize officer drop down lists and more.
Our project managers work quickly, and with your help we can implement your perfect solution within 90
days of contract signing. For projects which cannot be implemented by UPsafety within 90 days of the
contract execution date due to factors within your control, an extended project management fee of $500 per
week will apply.
Examples of factors within your control include but are not limited to; failure of you to provide appropriate
information, resources, or personnel reasonably necessary to complete implementation. Any delays
caused by third parties or by events outside the control of either UPsafety or you would not be applicable.
Processing & Other per Item Services
DMV Research
In State — At Cost
For DMV research for in -state violators, we only charge for lookups when the state leview a fee to conduct
a lookup.
Out of State — $1.25 per Violator Found
DMV research for violators, we charge Per Successful Plate Lookup, which means that a charge is only
incurred if a valid address has been found for the requested plate.
Automated Delinquent Notices — $0.25 + Cost of U.S. Stamp per Automated Notification
The cost of customizing physical notices, which will be mailed to violators as warnings and requests for
payment, or, for any other automated correspondence on behalf of your organization, is fully included in
the set-up process. This fee is for the printing, stamping and mailing of physical notices to violators.
Standard Polyvinyl Paper — —$0.05 Per Ticket Written
We provide top quality water and tear resistant polyvinyl paper at a price of $169.00/Case. There are 50
rolls per case and clients see anywhere between 60-70 tickets per roll. The value of $.05/ticket that we
mention in our literature is computed as follows:
$169 Per Case $3.38 Per Roll
_ _ $ 0.05 Per Ticket
50 Rolls Per Case 65 Tickets Per Roll
United Public Safety, Inc., 321 Morr'WRoad, Fort Washington, PA, 19034
Thursday, February 24, 2022 Quotation #22334 V2
Programmatic Data Conversion — $125.00 per Hour (Waived)
Assuming cooperation from the incumbent vendor, we will migrate all records from the current system to
CityCite.
Custom Software Development (SDE) — $200.00 per Hour for Out of Scope Work
We staff a team of Cloud and Mobile software engineers, tasked with constantly improving our product for
the better and customizing the product to meet the needs of our customers. We will only bill for software
development that exceeds the scope of work specified in this proposal.
BBPOS WisePOS E Payment Terminal(s) $399.00 per Unit
If the Client would prefer a more integrated option for in person credit and debit card payments, these
Terminals integrate directly to the UPsafety cloud, allowing the Client a fully web -based point of sale which
allows:
Payments to be initiated directly through the Cloud software. When a cashier selects
"Accept Card Payment", the Terminal will accept payment only for the amount of selected
items.
Boasting a full color, touchscreen display, the BBPOS WisePOS E comes with EMV standard, and also
allows for expanded functionality as payment trends change, including mobile wallet acceptance, EMV
capabilities, and NFC/CTLS.
If Terminal(s) are utilized: Credit Card Processing — 2.9% and $0.25 per Transaction
This fee will be billed monthly and included on a unified invoice for the amount of processing completed
through purchased and utilized UPsafety terminals in the previous month; never taken out of your
remittance totals. We believe this makes it easier to track, manage and audit.
Scanner L-Tron 491OLR MDT—$475.00 per Unit
Microphone Style Driver's License Area Imaging Scanner(s) that enable your officers to scan drivers
licenses and vehicle registration to populate data fields in the cloud with ease.
United Public Safety, Inc., 321 Morr'WRoad, Fort Washington, PA, 19034
(Aj
UPFFT`
Bill To:
City of Seward
ATTN: Accounts Payable, PO Box 167
Seward, Alaska 99664-1844
United States
Prepared By:
Poppy Guloien
Prepared For:
Kylie Grimes
Subscriptions
UPsafety- Confidential Quotation
321 Morris Road
Fort Washington, PA 19034
For: City of Seward
Quote ID: Q-22334
Date Issued: 1/7/2022
Expires: 4/6/2022
Ship To:
City of Seward
410 Adams St.
Seward, AK 99664-1067
United States
Kylie Grimes
(907) 224-4006
kgrimes@cityofseward.net
EI N: 92-6000086
Product..
CiteGuardPlus Warranty
Code
Year 1
100.5006
2.00
USD 420.00
USD 840.00
Verizon 4G LTE Data Plan
Year 1
100.5003
2.00
USD 420.00
USD 840.00
CityCite® Monthly Mobile License(s)
Year 1
100.5000
2.00
USD 2,988.00
USD 5,976.00
TOTAL:
USD 7,656.00
Services
100.5029 Personalized Webinar Training 1.00 USD 895.00 USD 895.00
100.5014 Cloud Setup & Customization 1.00 USD 1,875.00 USD 1,875.00
TOTAL: USD 2,770.00
Hardware
Page 1 of 3
128
105.0765 XF Print All -in -One Enforcement Handheld Package
2.00
USD 2,695.00
USD 5,390.00
663.1000 80mm White Polyvinyl Paper/ Case of 50 Rolls (U30070028PV)
1.00
USD 169.00
USD 169.00
TOTAL:
USD 5,559.00
Additional Information:
Freight Term: FOB -VEND -PP
Payment Terms: N30
IRIS Profile:
End User: City of Seward
GP Customer Number: 2505
Page 2 of 3
Year 1 Total: USD 15,985.00
Year 2 Total: USD 7,656.00
Year 3 Total: USD 7,656.00
Net Total: USD 31,297.00
Tax Amount: USD 0.00
Tax Comments: N/A
Total: USD 31,297.00
if►
Billing Terms
Variable cost services utilized additional.
Shipping additional.
Inquire with your Sales Representative about Up Front Cost Amortization options.
Tax rate, if applicable, will be finalized for calculation at time of invoicing.
Invoices paid via credit card will incur a 2.5% convenience fee.
Purchase orders can be forwarded to purchaseorders@t2systems.com
Quote Number: Q-22334
Customer
Signature
Print Name
Title
Date
PO #
Organization
United Public Safety
Signature
Print Name
Joe Weiler
Title
Vice President of Sales Operations
Date
Page 3 of 3
Resolution 2022-053
Documents:
• Agenda Statement
• Resolution 2022-053
• Attachments:
0 2022 DNR Award Letter
o Project Detail Information Form
0 2022 VFA Grant Awards List
`K1
City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
Through: Janette Bower, City Manager
From: Clinton Crites, Fire Chief
Agenda Item: Resolution 2022-053: Accepting and Appropriating the 2022 Volunteer Fire
Assistance Grant (VFA) In the Amount of $4,765.80 And Authorizing the
Matching Funds of $530.20
Background and justification:
The Seward Fire Department applied for and has been awarded a 2022 Volunteer Fire Assistance
(VFA) grant from the Department of Natural Resources in the amount of $4,765.80. The City is
required to provide a minimum of 10% cash match as a condition of the grant. Funding of $530.20
has been identified as the proposed match amount within the current Fire Department Volunteer
2022 budget.
The total project value is $5,296. The grant funds must be used for purchasing equipment identified
in the grant application. This year, items requested are; 2 ULTRAJET 15/16 Tip Fire Hose Nozzles,
and 6 Blitz 1" Straight Tip Nozzles. These purchases will continue to provide our firefighters with the
maximum protection and interoperability needed to protect the lives and property of the citizens of
Seward, and further fulfill equipment needs identified in our mutual aid agreement with the
Department of Natural Resources.
With the high cost of firefighting equipment, the Seward Fire Department continues to seek grant
funding. Applications for the US Forest Service grants are available annually, pending legislative
approval. The City of Seward is fortunate to have these grants to help the rural fire departments and
intend to apply whenever they are available.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Volume 1-page 14
Strategic Plan: Page 19
Other: 2022 Budget
Certification of Funds
Total amount of funds listed in this legislation: $ 5,296.00
This legislation (✓):
X Creates revenue in the amount of:
X Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
Funds are (✓):
$ 4,765.80 (VFA Grant)
$ 530.20 (Matching Funds)
IBY:
X Budgeted Line item(s): 01000-1221-7217-0022 (matching funds)
X Not budgeted 01000-1221-4251-0022 (VFA Grant)
Not applicable
unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
x General SMIC Electric Wastewater
Boat Harbor Parking F1 Water Healthcare
Motor Pool Other
Unassigned Fund Balance*:
Available Unrestricted Cash Balance*
$ 4,691,213.30
$ 9,337,190.52
*Unaudited numbers period ending
3/30/22
Finance Signature: 4 (�' �tf -
Attorney Review,/ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
133
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-053
A Resolution of The City Council of the City of Seward, Alaska, Accepting and
Appropriating the 2022 Volunteer Fire Assistance (VFA) Grant In the
Amount of $4,765.80 and Authorizing the Matching Funds of $530.20
WHEREAS, the Seward Fire Department applied for, and was awarded, a 2022
Volunteer Fire Assistance (VFA) Grant from the Alaska Department of Natural Resources
(DNR) in the amount of $4,765.80; and
WHEREAS, the City of Seward is required to provide a minimum of 10% cash match
as a condition of the grant. Funding of $530.20 has been identified as the proposed match
amount within the current Fire Department Volunteer 2022 budget; and
WHEREAS, the grant must be used for purchasing equipment identified in the grant
application. The equipment requested was 2 Ultra Jet 15/16 Tip Fire Hose Nozzles, and 6
Blitz 1" Straight Tip Nozzles with a project total of $5,296.00; and
WHEREAS, these purchases will continue providing our firefighters with the
maximum protection and interoperability needed to protect the lives and property of the
citizens of Seward, and further fulfill equipment requirements as identified in our mutual aid
agreement with the Alaska Department of Natural Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The 2022 Volunteer Fire Assistance Grant award in the amount of $4,765.80
is hereby accepted to grant revenue account no. 01000-1221-4251-0022 and appropriated to small
tools & equipment expense account no. 01000-1221-7217-0022. Matching funds of $530.20 are
included in the 2022 budget under small tools & equipment expense account no. 01000-1221-
7217-0022.
Section 2. This grant will be used for purchasing equipment identified in the grant
application. The requested is 2 Ultra Jet 15115 tip fire hose nozzles, and 6 Blitz 1" straight tip
nozzles with a project total of $5,296.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Council of the City of Seward, Alaska, this 1 lth day of April,
2022.
134
CITY OF SEWARD, ALASKA
RESOLUTION 2022-053
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE STA11
1
March 15, 2022
Dear Volunteer Fire Department:.
Department rid` Natural Resources
Division of Forestry
550 West 7' Avenue, Suite 1450
Anchorage, AK 99501-3561
Main: 907.269-8463
Fax:907-269-3931
Thank you for applying for the 2022 Volunteer Fire Assistance (VFA) grants. Forty (40) volunteer fire departments
applied for a VFA grant requesting a total of $188,493 in assistance. All forty (40) VFDs will receive some level of
funding. A total of $186,091 was awarded. This letter is the official notification.
The enclosed spreadsheet lists all applicants and amount requested/amount awarded. If a fire department was
awarded a grant, the amount awarded will be listed in the column titled "Amount Awarded". If a VFD did not receive
any funding or will be receiving a partial award, please contact your respective DOF Fire Management Officer with
any questions you may have.
Checks will be distributed electronically by association with the VFD's SOA vendor number and the SOA
electronic payment agreement. Electronic disbursements are expected by May 2022.
To be eligible for a 2023 VFA grant, compliance documentation, such as copies of receipts for 2022 grant
expenditures, must be submitted to your nearest Forestry office at the time of, or prior to, submitting a 2022
application.
Volunteer Fire Assistance is an award of Federal Financial Assistance with funding from the USDA Forest
Service. Prime and sub -recipients to this award are subject to OMB guidance in sub -parts A through F of 2 CFR Fart
200 as adapted and supplemented by the USDA in 2 CFR Part 400. Adaption by USDS of the OMB guidance in 2
CFR 400 gives regulatory effect to OMB guidance in 2 CFR 200 where full text may be found.
The brochure, Complying with Civil Rights, FS-850, can be found at:
www.fs.usda.govlinternetlfse_documents/fseprd526908.pdf
The OMB Circulars are available on the internet at www.ecfr.gov.
If an application was not fully successful do not be discouraged and continue to apply every year by submitting a
completed online application package by the deadline.
Sincerely,
Sarah Saarloos, Fire Staff Officer
fBZy
2022 VFA Grant Awards
Fire Department
Amount
Requested
Amount
Awarded
Division of Forestry Office
Delta Junction VFD
$4 454.59
$4 454.59
Delta Area Office
Rural Deltana VFD
$5,000.00
$5,000.00
Delta Area Office
Chena-Goldstream Fire & Rescue
$5 000,00
$5,000.00
Fairbanks Area Office
City of Anderson
$5,000.00
$5,000.00
Fairbanks Area Office
McKinley VFD
$4 599.00
$4 599.00
Fairbanks Area Office
North Pole FD
$5,000.00
$5,000.00
Fairbanks Area Office
North Star VFD
$4 431.60
$4 431.60
Fairbanks Area Office
Salcha Fire & Rescue
$4 297.50
$4 297,50
Fairbanks Area Office
Steese Area VFD
$5,000.00
$5 000,00
Fairbanks Area Office
Tri-Valley VFD
$4 976.00
$4 976.00
Fairbanks Area Office
Bear Creek Fire/EMS Department
$4 370.76
$4 370.76
Kenai Kodiak Area Office
Central Emergency Services
$4 209.57
$4 209.57
Kenai Kodiak Area Office
Cooper Landing VFD
$4 968.00
$4,968.00
Kenai Kodiak Area Office
Homer VFD
$4 717.80
$4,717.80
Kenai Kodiak Area Office
Kaehemak Emer . Services
$4 981.50
$4 981.50
Kenai Kodiak Area Office
Kenai FD
$4,864.50
$4,864.50
Kenai Kodiak Area Office
Lowell Point VFD
$5,000.00
$5,000.00
Kenai Kodiak Area Office
Nikiski FD
$4,406,40
$4,406.40
Kenai Kodiak Area Office
Seward FD
$4 765.80
$4 765.80
Kenai Kodiak Area Office
Western Emergency Serivices Area
$5,000.00
$5 000.00
Kenai Kodiak Area Office
Womens Bay VFD
$4,170.95
$4 170.95
Kenai Kodiak Area Office
Caswell Lakes FSA #135
$4,999.99
$4,999.99
Mat Su Area
Chickaloon Fire Service Inc.
$4 995.00
$4,995.00
Mat Su Area
Girdwood Vol. Fire & Rescue, Inc.
$4,755.98
$4,755.98
Mat Su Area
Houston FD
$4 815.00
$4,815.00
Mat Su Area
Mat -Su Borough -West Lakes FSA
$3 910.77
$3,910.77
Mat Su Area
Palmer Fire and Rescue
$5,000.00
$5,000.00
Mat Su Area
Talkeetna VFD
$5,000.00
$5,000.00
Mat Su Area
Willow VFD
$4 999,99
$4,999.99
Mat Su Area
Gustavus VFD
$4,778.44
$3,946.14
Southeast Alaska
Ketchikan International Airport FD
$5,000.00
$5 000.00
Southeast Alaska
Sitka FD
$3 384.00
$3 384.00
Southeast Alaska
Thorne Bay VFD
$4,547.25
$4 547.25
Southeast Alaska
Yakutat VFD
$4,905.65
$4 905.65
Southeast Alaska
Tok VFD
54,060.6 r
i $2,496.59
lTok Area Office
Gakona VFD
G14&Wich Fire Rescue _ _
ott(McCarthy VFD
K6hn�I__ake VFD
Val i IO
i 1;4,905_t7()
mm $5,000.00
$4 973 00
$4 743 00
G- ?ra.�7
- 4 905 00 _-
�._.. 35.000.00
____-
$4 973.00
1 $4.743.00
�4G Gfi C y
Vaa det__ CaQ.C�er River Area-C?ffice _.
__S Valdez -Cop e liver Area Of(fcc_- -
_
_ Valdez ,[ Ri red Anea Qfi�ce _
_ Valdez CoT. per River Area Office,
fiyG, r rl l: l'1r'{'r Ai., ( lff f
GRANDTOTAL
La.
137
PROJECT DETAIL INFORMATION
10% MINIMUM MATCH REQUIREMENT
NOTE: If awarded a grant, disbursement will be only for items that are listed below. Refer to the manual
for instructions on how to get prior approval to make changes to this list of items.
There are three types of expenses, on wildland or structural fires, that can be funded under VFA. It should be
clear from your description that the item clearly fits within one of these categories:
• Organizational Improvements — legal and administration fees, elections, advertising, etc. associated
with forming a district, annexing an area to an existing district, or improving the administration of a
newly formed district.
• Equipment, Tools/Supplies, or Safety Improvements — refer to the instruction manual for description
of allowable items
• Training — both Wildland or Structural
Wildland is the priority but structural items can be requested.
If in -kind for match is used, list the type (hours attending training, donated time, meeting facility used for training, etc.) on
one of the lines of the chart. If you have any questions regarding if certain activities are eligible as in -kind match, contact
your local FMO or Fire Staff Officer prior to the application deadline.
MAXIMUM FUNDING AWARD IS $5,000
Please indicate below if this item is to be used for Wildland (Wild), Structural (Struc), or Both.
Please list items in order of oriority.
MATCHING
DOF USE
ITEM DESCRIPTION
MATCH
SHARE
ONLY
Wild
5truc
Both
&
QUANTITY
TOTAL
TYPE
AMOUNT
APPROVEDCOST
(Cash or
(10%
COST PER ITEM
In -kind)
minimum)
❑
❑
ULTRAJET 1.5 NH 15116 TIP wlPG
Cost Per Item: 1,11ZOO
2
2,224.00
Cash
223.00
❑
❑
.❑
Blitz TIP 1.5 NH Shutoff with 1" TIP
and PG
6
3,072.00
Cash
307.20
Cost Per Item: 512.00
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
TOTALS
8
5,296.00
530.20
Grant Funding Requested (Total cost minus 10% fire department match share) $ 4,765.80
2022 VFA Grant Application
138
NOTE FROM THE CITY CLERK'S OFFICE
REGARDING RESOLUTION 2022-054
This item regarding the Historic Business District is
intended to be a discussion item and not a resolution.
`KQ
Seward Historic Preservation
Resolution 2022-054
Documents:
• Agenda Statement
• Seward Historic Preservation Resolution 2022-002
• Attachments:
o Seward Historic Preservation Minutes
106
City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
From: Historic Preservation Commission
Agenda Item: Seward Historic Preservation Commission Resolution 2022-002: Utilizing
Similar Boundaries of the Downtown Historic District to Establish a New
Historic Business District (HBD) Zone
Background and justification:
The Historic Preservation Commission adopted Resolution 2022-002 and requests the City Council
refer the resolution to the Planning and Zoning Commission to create an ordinance establishing a
new Historic Business District zone for consideration by the City Council.
Administration requests formal action by the City Council to either refer the resolution to the
Planning and Zoning Commission to develop the ordinance for future council action or to direct that
no action be taken.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC
Boat Harbor Parking
Motor Pool Other
Unassigned Fund Balance*:
Available Unrestricted Cash Balance*
Electric Wastewater
Water Healthcare
*unaudited numbers
Finance Signature:(ti,`
IN
Attorney Review✓ Administration Recommendation
RxYes Adopt Resolution
Not applicable RX Other: Council action is requested to provide direction. Please note
that administration has concerns regarding another layer of
zoning that could potentially limit development.
`ey:
Sponsored by: Chair Seese & Vice Chair Ward
CITY OF SEWARD, ALASKA
HISTORIC PRESERVATION iC`OMMISSION
RESOLUTION 2022-002
A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION
COMMISSION OF THE CITY OF SEWARD, ALASKA UTILIZING
SIMILAR BOUNDARIES OF THE DOWNTOWN HISTORIC DISTRICT
TO ESTABLISH A NEW HISTORIC BUSINESS DISTRICT (HBD) ZONE
WHEREAS, the Seward City Council defined the Downtoxn Iistoric District via
Resolution 1988-011 as "that area in dowtlto %vn SeNvard bordered on the SOLIth by lZesurrection
Bay, on the North by Jeffei-son Street, on the E'as1 icy Sixth .venue, and on the West by Third.
Avenue, and includes the Ferry Terminal B u i 1 ct i ng"; and
WHEREAS, the Historic Preservation C oriiniission desires (0 Ilse similar boundaries to
establish a new Historic Business Dist1ct (HBD) zone, in coopet'ation "vith the Community
Development. Department and the Planning & Zoning Coninlission; and
WHEREAS, the purpose of establishing the new Historic Business District (HBD) zone
is to provide "uidelines anti xI'Or historic preservation efforts to maintain the integrity of
historic propert 1cs; and
W'IIERE AS, preserG ing the historic integc-ity ofpropei-tics in the ne%v Historic Business
District (I1BD) zone directly translates into lief-11age tourism, %vhich is a proven and viable
Cco1101111c i,eN enue source.
NOW, THEREFORE, BE IT RESOLVED BY T[IE 1-11STORIC PRESERVATION
COMMISSION OF THE CITY OF SEWARD, ALASKA that:
Section 1. The Historic Pres�,,rvation Commission hcrcti)v aprn )N-cs the establishment of
toric Business District (HBD) zone dctinc(I :i� that area in &Nntown Seward
h� 1 �fcrecl on the South by Resurrection Bay, on the North by .lefllerson. Street, on the East by
`sixth Avenue, and on the West by Third Avenue.
Section 2. This resolution will first be provided to the Planning & Zoning Commission
followed by the Community Development Department.
Section 3. This resolution will be brought to the City Council for consideration and
approval.
Section 4. This resolution is effective upon adoption.
PASSED AND APPROVED by the Historic Preservation Co311111ission of the City of
143
HISTORIC PRESERVATION COMMISSION
RESOLUTION 2022-002
Seward, Alaska, this 28 h day of January, 2022.
k � � E S : Benoit, Ward, LeMaster, Seese
NO S: None
A R S [: NT: W ail ker, Libbreeht
ABSTAIN: None
VACANT: One
ATTEST:
rends. J. Ballou C
City Clerk
THE CITY OF SEWARD, ALASKA
( � &-/ /�- I �-'t z �
Cheryl Sd4ve, Chair
144
Cin qltSewfird Ahryka lli.�ionc h-cst-i-ration Commission Special Meeting Minutes
jwnwrl ''N- 'rill Volume 3, Page 31
ICALL TO ORDER
The January -18. 2022 special mectingof the Historic Preservation Commission was called to
order at 1:45 p.m. b%, Uliair Cheryl Seese.
OPENING CEREMONY
Chair Cheryl Seese led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Cheryl Seese presiding and
Sue Ward Tanguy Libbfeeh
\4ar\: Ann Benoit Dona Walkef
Art LeMaster
comprising a quorum of the Commission; and
Brenda Ballou, City Clerk
Excused — Libbrecht, Walker
Absent — None
Vacant — One
CITIZEN COMMENTS ON'ANY SUBJECT EXCEPT TI10SE ITEMS SCHEDULED FOR
PUBLIC HEARING —None
APPROVAL OF AGENDA k N D CONSENT A (, E N D A
Motion (Word/Benoit)
Motion Passed
There were no consent agenda items.
Approval of Agenda and Consent Agenda
1,'nanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards — None
Other Reports and Announcements — None
Presentations — None
C ill ul N"It card. _lhtI iCa lli.tiIonc Pyv' ry alto a C'rua miswon Special.1lc°c ling Afinutes
Jcanua l ,c'. 2022 i'rrltrirw i. P a,p' i19
NEWBUSINESS
BUSINESS
Resolutions
Resolution 2022-001, A Resolution Of The Seward Historic Preservation Commission Of The
City Of Seward, Alaska Approving The Historic Preservation Commission Priorities From
February 2022 To February 2023.
Motion (Benoit/LeMaster)
Motion Passed
Approve Resolution 2022-001
Unanimous
Resolution 2022-002, A Resolution Of The Seward Historic Preservation Commission Of The
City Of Seward, Alaska Utilizing The Boundaries Of The Downtown Historic District To
Establish A Downtown Historic Business District (HBD) Zone.
Motion (Benoit/LeMaster)
Motion to Amend (Ward/LeMaster)
Motion to Amend Passed
Motion to Amend (Seese/LeMaster)
Motion to Amend Passed
Motion to Amend (LeMasterlWard)
Motion to Amend Passed
Motion to Amend (Seese/LeMaster)
Approve Resolution 2022-001
Amend Resolution 2022-002 in the second
Whereas by striking the words "those
same" and replacing it with "similar" so
that it reads, "...desires to use similar
boundaries..."
Unanimous
Amend Resolution 2022-002 in the title and
throughout the resolution by striking the
word "Downtown" before "Historic
Business District zone" so that the zone is
referred to as the Historic Business District
(H BD) zone.
Unanimous
Amend Resolution 2022-002 in the title and
throughout the resolution by adding the
word "new" before the Historic Business
District (IIBD) zone.
Unanimous
Amend Resolution 2022-002 in the third
Whereas so that it reads, "...the purpose of
establishing the new Historic Business
City of Seward, Alaska Historic Preservation Commission Special Meeting Minutes
January 28, 2022 Volume 3, Paee 320
District (HBD) zone is to provide guidelines
and support for historic preservation
efforts to maintain the integrity of historic
properties..."
Motion to Amend Passed Unanimous
Motion to Amend (Ward/Benoit) Amend Resolution 2022-002 in the fourth
Whereas so that it reads, "...preserving the
historic integrity of properties in the
Historic Business District (HBD) zone
directly translates into heritage..."
Motion to Amend Passed Unanimous
Motion to Amend (Seese/Ward) Amend Resolution 2022-002 in Section 1 so
that it reads, "...hereby approves the
establishment of a new Historic Business
District (HBD) zone defined as that area in
downtown Seward bordered on the
South by Resurrection Bay, on the North
by Jefferson Street, on the East by Sixth
Avenue, and on the 'Vest by Third
Avenue."
Motion to Amend Passed Unanimous
Motion to Amend (Ward/Benoit) Amend Resolution 2022-002 in Section 2 so
that it reads, "This resolution will first be
provided to the Planning & Zoning
Commision followed by the Community
Development Department."
Motion to Amend Passed Unanimous
Motion to Amend (Seese/Benoit) Amend Resolution 2022-002 in the title so
that it reads, "...utilizing similar
boundaries of the Downtown Historic
District to establish a new Historic Business
District (HBD) zone."
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
WIN
City of Seward, Alaska Historic Preservation Commi,ti.wun iral plc c trrr, Minutes
January 28, 2022 Volundr 3. llagc' ?? 1
INFORMATIONAL ITEMS AND REPORTS —None
CITIZEN COMMENTS — None
CONIMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS — Nonc
aliIAk k 1 xZ 1
The meeting; was adjourned at 2:45 p.m.
1 61 A Ag
Brenda Ba o AMNMTC
City Clerk
r,�RNeiisq;,a
a
(City Seal�►'�-E O�r..;q,�.,
• `
G� e
■ r
u
OF N
a
k�"$rlartsaamse.[.
Cheryl See
Chair
148
City of Seward, Alaska City Council Special Meeting Minutes
March 29, 2022 Volume 41, Page
CALL TO ORDER
The March 29, 2022 special meeting of the Seward City Council was called to order at 5:00
p.m. by Mayor Christy Terry.
OPENING CEREMONY
Assistant City Manager Stephen Sowell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure
Liz Dee ss
Mike Calhoon
comprising a quorum of the Council; and
Janette Bower, City Manager
Brenda Ballou, City Clerk
Excused — DeMoss
Absent — Casagranda
John Osenga (arrived 5:22 p.m.)
Randy Wells
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING — None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Wells)
Motion Passed
Approval of Agenda and Consent Agenda
Unanimous
The clerk read the following approved consent agenda items:
There were no consent agenda items.
NEW BUSINESS
Other New Business Items
Committee of the Whole:
Historic Preservation Commission
Port & Commerce Advisory Board
`«
City of Seward, Alaska City Council Special Meeting Minutes
March 29, 2022 Volume 41, Page
Planning & Zoning Commission
Motion (Terry/McClure) Move into Committee of the Whole.
Terry stated council would move through each board and commission, without
interruption, while in Committee of the Whole.
Motion Passed
Unanimous
Council went into Committee of the Whole at 5:03 p.m.
Council came out of Committee of the Whole at 6:20 p.m.
CITIZEN COMMENTS
Lynda Paquette stated Seward would never have enough housing for everyone who wanted
to come to Seward; we all had to realize that. What people were pushing for was enough housing to
sustain a year round community. Paquette said we needed sustainable housing for the people who
needed to live here.
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Bower said she was currently digging into the Strategic Plan. She appreciated the overlap
between council and the boards and commissions because everyone was moving in the same
direction.
Wells thanked all the boards and commissions for the meeting, and looked forward to
working with them.
Calhoon appreciated all the work being done by the boards and commissions.
Osenga thanked the boards and commissions. He thought they were all doing a fantastic j ob
and were working hard.
McClure appreciated the community service from everyone on the boards and commissions.
She was president of the Resurrection Bay Historical Society (RBHS), and knew first hand that four
of the HP commissioners here tonight were regular attendees at RBHS meetings; that gave her hope
that Seward's history would be preserved.
Terry appreciated everyone's hard work. It was great to see people involved that were so
passionate about the community. The city couldn't run effectively if not for the good work of the
boards and commissions.
ADJOURNMENT
150
City of Seward, Alaska City Council Special Meeting Minutes
March 29, 2022 Volume 41, Page
The meeting was adjourned at 6:25 p.m.
Brenda Ballou, MMC
City Clerk
(City Seal)
Christy Terry
Mayor
`S
April 2022 May 2022
April 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
1 2 1 2 3 4 5 6 7
3 4 5 6 7 8 9 8 9 10 11 12 13 14
1011 12 13 14 15 16 15 16 17 18 19 20 21
17 18 19 20 21 22 23 22 23 24 25 26 27 28
24 25 26 27 28 29 30 29 30 31
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Mar 27
28
29
30
31
Apr 1
2
3
4
5
6
7
8
9
7:OOpm P&Z Mtg
12:OOpm PACAB
(Regular
Meetinal ..........................
g....................................................
10
11
12
13
14
15
16
6:OOpm HPC
S.00pm CC
Special Mtg
Work Session
(Greene
(Council
Forensic
Chambers)
ou.n.ti..
7:OOpm HPC
7:OOpm CC Mtg
Regular
(Council
Meeting
ers).
-C.o.uncil
17
18
19
20
21
22
23
12:OOpm PACAB
6:OOpm P&Z
Work Session
Work Session
(Council
ers)...
24
25
26
27
28
29
30
pm CC Mtg
Filha
mbers)
Council Calendar 1 4/4/2022 3:59 PM
152
May 2022 May June 22
a Th
SuMo TuWFr Sa SuMo TuWTh Fr Sa
e Th
1 2 3 4 5 6 7 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25
29 30 31 26 27 28 29 30
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
May 1
2
3
4
5
6
7
7:00pm P&Z Mtg
12:00pm PACAB
(Regular
Mtg (last
_Meeting)..
meeting
-..efo.re hiatus)....
8
9
10
11
12
13
14
7:00pm CC Mtg
6:00pm HPC
(Council
Work Session
Chambers)
(Council
Chn hers)
7:00pm HPC
Regular
Meeting
..u-ni
15
16
17
18
19
20
21
6:00pm P&Z
12:00pm PACAB
Work Session
Work Session
(Council
h.
e. r s )...................
22
24
25
26
27
28
(7:00pmCC Mtg
hambers)
29
31
Jun 1
2
3
4
IDAY
Memorial
(Day)
Council Calendar 2 4/4/2022 3:59 PM
153
2022
SuMo TuWFr Sa SuMo TuWh Fr Sa
June 2022 JuneeTh JulyeT
1 2 3 4 1 2
5 6 7 8 9 10 11 3 4 5 6 7 8 9
12 13 14 15 16 17 18 10 11 12 13 14 15 16
19 20 21 22 23 24 25 17 18 19 20 21 22 23
26 27 28 29 30 24 25 26 27 28 29 30
31
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
May 29
30
31
Jun 1
2
3
4
5
6
7
8
9
10
11
7:00pm P&Z Mtg
6:00pm HPC
(Regular
Work Session
Meeting)
(Council
Chambers)
7:00pm HPC
Regular
Meeting
(Council
12
13
14
15
16
17
18
7:00pm CC Mtg
(Council
Chambers)
19
20
21
22
23
24
25
6:00pm P&Z
Work Session
(Council
Chambers)
26
27
28
29
30
Jul 1
2
7:00pm CC Mtg
(Chambers)
Council Calendar 3 4/4/2022 3:59 PM
154