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HomeMy WebLinkAbout04132026 City Council PacketSeward City Council Agenda Packet Photo by Kris Peck Monday, April 13, 2026 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 kintual All-Amenca City 11 1111 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA City Council Chambers, 410 Adams Street Mayor Sue McClure Vice Mayor John Osenga Council Member Robert Barnwell Council Member Julie Crites Council Member Casie Warner Council Member Lori Draper Council Member Mike Calhoon City Manager Kat Sorensen Deputy City Manager Jason Bickling City Clerk Kris Peck City Attorney Sam Severin Monday, April 13, 2026 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PROCLAMATIONS AND AWARDS A) Seward Seahawks Girls Basketball Team State Championship 5 B) Recognition of Seward Police Dispatchers .6 C) Sam Daniel Seward Area Clean Up Day .7 5. 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) 6. APPROVAL OF AGENDA & CONSENT AGENDA (*Approval of Consent Agenda passes all items listed. Consent Agenda items are not considered separately unless a council member requests an item be moved to New Business) A. Minutes of Preceding Meetings 1) *Approval of the March 23, 2026 City Council Meeting Minutes .8 B. Introduction of Ordinances — None C. Resolutions 1) *Resolution 2026-036: Authorizing the City Manager to Purchase Annual Electric Utility Materials from General Pacific, Inc for the 2026 Operating Year in the Amount of $297,413 17 2) *Resolution 2026-037: Authorizing the City Manager to Execute Amendment No01 to the Professional Services Agreement with KPFF Consulting Engineers for Emissions Inventory Services for an Amount Not to Exceed $284,995 which is Fully Funded by the EPA Grant as Part of the Shore Power Project .29 City Council Meeting Agenda April 13, 2026 1 1 P a g e 7. IN -PERSON REPORTS AND PRESENTATIONS A. City Manager Report ..41 B. City Clerk Report 57 C. City Attorney Report .58 D. Other Reports and Announcements — None E. Presentations 1) Kenai Peninsula Borough School District Swimming Pools 8. PUBLIC HEARINGS (Public hearing comments are limited to five minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one minute) A. Ordinances for Enactment — None B. Resolutions Requiring Public Hearing 1) Resolution 2026-034: Authorizing the City Manager to Negotiate the Terms for Conveying a Portion of City Cemetery Property to the Qutekcak Native Tribe .60 2) Resolution 2026-035: Authorizing the City Manager to Enter into a New Lease Agreement with Cordova Telecom Cooperative for Installation of a High -Speed Submarine Fiber -Optic Cable Across City Owned Tideland Along the Waterfront ...67 9. UNFINISHED BUSINESS — None 10. NEW BUSINESS A. Ordinances for Introduction — None B. Resolutions — None C. Other New Business 1) Discuss the Seward High School Swimming Pool 2) Discuss Accessory Dwelling Units [Sponsored by Warner] 117 3) Discuss a drive down dock in the boat harbor [Sponsored by Draper] 4) Appoint a Planning & Zoning Commissioner for a term set to expire February 2028. There are two applicants for the seat: Tyna Siptrott and Robert Coleman .131 City Council Meeting Agenda April 13, 2026 2 1 P a g e 11. INFORMATIONAL ITEMS AND REPORTS A. Upcoming City Council Meetings 1) City Council Meeting on Monday, April 27, 2026 at 7:00 p.m. B. Other Items — None 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five minutes per speaker) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION — None 15. ADJOURNMENT City Council Meeting Agenda April 13, 2026 3 1 P a g e THE CITY OF SEWARD, ALASKA Sue McClure, Mayor (From left to right): Lia Shank, Grace Fleming, Olive Jordan, Capt. Ava Jagielski, Regan Seibert, Capt. Mikinley Williams, Sevin Phillips, Pamela Proclamation • WHEREAS, on March 14th, 2026, the Seward High School Girls Basketball Team, consisting of seniors • Mikinley Williams, (Captain), Ava Jagielski, (Captain), Regan Seibert and Pamela Hillestad; juniors • Grace Fleming, Sevin Phillips, and Lia Shank, and sophomore Olive Jordan won the Alaska State • Championship in the 2A Division, claiming Back -to -Back State Titles; and • WHEREAS, the Seward High School Girls Basketball Team was awarded the "Alaskan Assist Award" at the State Tournament for the most assisted plays (34) in the first two days of the tournament; and • WHEREAS, the Seward High School Girls Basketball Team was undefeated in the 2025-26 Season • winning twenty-nine consecutive games, adding to twenty-seven consecutive victories from last year, • establishing a Seward School Record 56 wins in a row. • NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, Alaska, do hereby congratulate • the Seward Seahawks Girls Basketball Team for winning the 2A Division State Championship along with other accomplishments throughout their historic basketball season. I further commend them • individually, as well as Coaches Curtis Berry, Grace Williams, and Demitra Apergis for exemplary • representation of Seward High School and the City of Seward. • Dated this 13t" day of April 2026 Hillestad. PROCLAMATION WHEREAS, the week of April 12-18, 2026, is recognized nationally as Public Safety Telecommunications Week; and WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and WHEREAS, Seward Police Department dispatchers work 24 hours a day, 7 days a week, 365 days a year to help keep the community safe and protected; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Seward emergency communications center; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; and WHEREAS, the Seward Police Dispatch is the first and most critical contact our citizens have with emergency services; and WHEREAS, the Seward Police Dispatch has contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients. NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, Alaska do hereby express my sincere appreciation in honor of the Seward Police Department Dispatch whose diligence and professionalism keep our city and citizens safe. DATED THIS 13th DAY OF APRIL 2026 THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 6 PROCLAMATION WHEREAS, Sam Daniel was born on June 2, 1930, and passed away January 23,2026; and WHEREAS, Sam worked as the Seward High School Guidance Counselor for 16 years and is fondly remembered by many students; and WHEREAS, Sam spent over 20 years cleaning up the edges of the Seward Highway near Seward, tirelessly picking up trash; and WHEREAS, Sam was a familiar figure along the road with his orange vest and tricked out four - wheeler with the giant blue tote; and WHEREAS, a cleanup sign stating cleanup by "a friend of Sam" was put up which was followed by "the other friend of Sam" because he wanted people to know he had more than one friend; and WHEREAS, Sam once found a $100 bill and found out that he had many friends; and WHEREAS, Sam once found a frozen apple pie in good shape, took it home and he and his wife Mary baked it and ate it; and WHEREAS, Sam is a shining example of community service and pride. NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward hereby proclaim May 9, 2026, as Sam Daniel Seward Area Cleanup Day and do call upon all citizens of Seward to honor and celebrate Sam Daniel as we go forth with our yellow bags to spring clean the community. InAkil A HIGHWAY A FRIEND OF AM Dated this 13th of April, 2026 Sue McClure, Mayor 7 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page CALL TO ORDER The March 23, 2026, regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Chief of Police Louis Tiner led the Pledge of Allegiance. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Robert Barnwell Julie Crites Casie Warner Lori Draper Mike Calhoon comprising a quorum of the Council; and Kat Sorensen, City Manager Jason Bickling, Deputy City Manager Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Sam Severin, City Attorney (telephonically) Excused — None Absent — None PROCLAMATIONS AND AWARDS — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Sarah Tougas, inside city limits, was very proud of the Tsunami Swim Team and provided an update on their potential record -breaking fundraising efforts. Yana Taylor, outside city limits, spoke about her business and the services they provided. Bruce Jaffa, outside city limits, gave a shout out to the local Iditarod mushers. He also spoke about the South Harbor Uplands development project and ways to improve the commercial fishing industry. 8 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page Amanda Sweeting, outside city limits, spoke on behalf of the Chamber of Commerce and provided several updates on community events and the Mt. Marathon Race. Russ White, inside city limits, spoke on behalf of the Parks & Recreation Department and provided information on upcoming events. Bonnie Apperson, inside city limits, began speaking about Ordinance 2026-004 and was advised to wait until the public hearing. Bob Linville, inside city limits, spoke in support of the hydroelectric projects on Godwin Creek and Fourth of July Creek. Linville praised the Electric Department for their innovative work. On another topic, he spoke about the Harbor Uplands Development and providing access to the float. Ristine Casagranda, inside city limits, echoed the comments in support of the hydroelectric projects. She thanked Crites for sponsoring the Obihiro funding resolution as it opened the door for a lot more students to participate in the program. She was looking forward to the upcoming work session about the Developer Reimbursement Program. Lastly, she expressed gratitude for several city departments and noted it was a great lineup of city staff. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Barnwell) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the March 9, 2026, City Council Meeting Minutes Resolution 2026-030: Authorizing the City Manager to Accept the 2026 Volunteer Fire Assistance Grant for the Seward Fire Department in the Amount of $8,200.95 Resolution 2026-031: Authorizing the City Manager to Accept Grant Funds from the Seward Community Foundation's Mini Grant Program in the Amount of $2,000 Resolution 2026-032: Authorizing the City Manager to Accept Grant Funds from the American Library Association's Libraries Transforming Communities Accessibility Program in the Amount of $10,000 Resolution 2026-033: Authorizing the City Manager to Accept a One -Time Payment of $38,399.50 from the 2020 Prince William Sound Pink and Coho Salmon Disaster Relief Through the Pacific States Marine Fisheries Commission 9 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page IN -PERSON REPORTS AND PRESENTATIONS City Manager Report City Manager Kat Sorensen noted the all the resolutions on the consent agenda were accepting funds for the city. She also highlighted a note from the Public Works Director about the potential for wet and muddy weather conditions this spring. City Clerk Report — None Presentations R&M Engineering and KPB Architects on 35% design of new Harbormaster Building [Featuring Taryn Oleson-Yelle from R&M Engineering and Andrew Weiss from KPB Architects] Council recessed the meeting at 8: 02 p.m. Council resumed the meeting at 8: 08 p.m. PUBLIC HEARINGS Ordinances for Enactment Ordinance 2026-004: Amending the Seward City Code Chapter 8.25 and Section 15.10.226 by Providing Additional Marijuana Establishment Regulations Governing On -Site Outdoor Marijuana Consumption, Walk-Up/Drive-Thru Retail Marijuana Sales, and Limiting the Total Number of Marijuana Establishments within City Limits [Sponsored by Calhoon] Motion (Osenga/Calhoon) Enact Ordinance 2026-004 Sorensen summarized how the ordinance would affect marijuana regulations and explained the inclusion of the March 1, 2026 date. She noted this legislation was sponsored by Council Member Calhoon. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Colleen Collins, inside city limits, spoke to the increased potency in THC and the dangers of cannabis induced psychosis. Rhonda Hubbard, inside city limits, urged council to amend the ordinance by removing the March 1, 2026 date. The grandfathering date would make the ordinance nearly pointless. Hubbard also shared her concerns of high potency cannabis use and noted the differences in city code between Title 8 and Title 15. 10 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page Maya Moriarity, outside city limits, wanted council to consider an amendment to protect Seward from high potency THC products. She thanked P&Z for their work on the marijuana code. Elle Zernia, outside city limits, was opposed to the date -based exemptions in the ordinance. The standard should apply to everyone without exceptions. The March 1, 2026 date would allow the current businesses to continue in a direction that the city no longer wants. This could expose the city to legal challenges, but that should not hinder the council from acting in their authority. John Wisel, outside city limits, recalled the turbulent history of the discussions on marijuana between City Council and P&Z. He felt the discussions had been mishandled and there were conflicts of interest that went unaddressed. He wanted an ordinance that represented what this community wanted. The only reason the grandfathering clause was incorporated into the ordinance was because this item was so delayed in being brought forward. Bruce Jaffa, outside city limits, spoke in opposition to a drive-thru for certain types of items such as alcohol, guns, and marijuana. He noted the strength of marijuana has greatly increased over the decades. Ristine Casagranda, inside city limits, addressed the difficulty of being the mom of a teenager. The marijuana potency being sold now is scary and out of control. She recalled when marijuana regulations were first adopted into city code and how things have changed considerably since then. She appreciated the city's attempts to regulate marijuana. Bonnie Apperson, inside city limits, did not want Seward to be known as a drug destination. Tourists would not want to see people in gift shops all strung out. Clare Sullivan, inside city limits, thanked council for taking on this important ordinance and noted it was tough to appease everyone on this issue. She recalled a recent P&Z work session regarding Title 8 and Title 15. She felt the current ordinance was good, but a bit premature. The land use table should be amended to require conditional use permits (CUP) instead of being allowed outright. She also felt that P&Z may not have given sufficient documentation for granting the drive-thru CUP back in December. The State of Alaska right-of-way permit should have been a major factor of the CUP. Sarah Tougas, inside city limits, shared a personal story of a family member whose life was completely derailed by psychosis that may have been caused by marijuana. Nate Smith, outside city limits, spoke about local government control on marijuana. He spoke about open container laws and driving under influence of marijuana. As a wrestling coach, he worked with kids at different stages progressing through high school. Marijuana psychosis and THC potency is a real problem. It was time for the local government to add more control and rules to marijuana regulations. No one else appeared and the public hearing was closed. 11 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page Calhoon explained his perspective on sponsoring this ordinance and all the feedback he had heard from the community on marijuana. He noted other issues like THC potency could be tackled at a future date. The main scope of the ordinance was to limit the number of marijuana licenses allowed inside city limits. The ordinance would not take away any rights of an existing legal business. The city had done a similar type of legislation with limiting bed & breakfasts. Barnwell agreed with Calhoon. Extending the scope of this ordinance would overly complicate things. He thanked the public for their testimony. Calhoon asked the city attorney for a more in-depth explanation on the March 1, 2026 date that was written into the ordinance City Attorney Sam Severin (telephonically) explained there are existing constitutional property rights. Governmental entities may be required to pay for financial damage if the property use is hindered. There was a real chance the city could be financially liable. The inclusion of the March 1, 2026 date would eliminate that risk. Council continued to discuss the ordinance and the purpose of the of March 1, 2026 date being included in the ordinance. Calhoon motioned to amend the ordinance in the Table 15.10.226 by requiring Conditional Use Permits instead of the use being permitted outright. The Ordinance was amended in bold: Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Marijuana establishment, retail store C CC C Council continued to discuss the ordinance, including the definition of "substantial changes", the grandfather clause, liquor licenses in Seward, and the potency of marijuana. Motion Passed as Amended UNFINISHED BUSINESS — None Unanimous 12 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page NEW BUSINESS Resolution 2026-025: Authorizing the City Manager to Execute a Change Order with AK Built Construction & Design, LLC for an Additional 275 Feet of Cable Railing from D Float to B Float Fish Weigh Station in the Amount of $119,000 Plus a 10% Contingency and Appropriating Funds Motion (Osenga/Draper) Approve Resolution 2026-025 Harbormaster Tony Siemienski explained the need for the additional cable railing. This change order would be funded through the use of Commercial Passenger Vessel (CPV) funds and tacked on to the existing project. Sorensen clarified the remaining budget of the CPV funds. Motion Passed Unanimous Resolution 2026-026: Supporting the Development of Hydroelectric Projects on Godwin Creek and Fourth of July Creek to Provide Cost -Effective, Long -Term, Renewable Energy for the Seward Community Motion (Osenga/Calhoon) Approve Resolution 2026-026 Electric Operations Supervisor Taylor Crocker said this resolution was asking for a vote of support rather than money. He provided a history of hydro potential around Seward. He explained studies that had been done in the Godwin Creek area. Crocker said there was some competition on this particular project as Chugach Electric had also applied for a permit on Godwin Creek. Motion Passed Unanimous Resolution 2026-027: Authorizing the City Manager to Accept the Proposal from RESPEC Company, LLC for Engineering Support for FERC Preliminary Permit Applications for the Godwin Creek and Fourth of July Creek Hydroelectric Projects in an Amount Not to Exceed $60,000 and Appropriating Funds Motion (Osenga/Draper) Approve Resolution 2026-027 Sorensen explained how this permit would give the City of Seward exclusive rights to study the Godwin Creek and Fourth of July Creek for up to 4 years. This would allow the city to figure out if the hydroelectric projects would work for the community. Sorensen also noted the competing application for the permit. Crocker shared some backstory on bringing the projects to completion. Council and Crocker discussed how the city's project was different than the competing project. Crocker also noted recreation in those areas was minimal compared to the public use of the Mt. Marathon hiking trails. Motion Passed Unanimous 13 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page Resolution 2026-028: Authorizing the City Manager to Support Funding of the Obihiro Exchange Program for a Group of Four Students to Travel to Japan by Providing $3,000 per Student for Roundtrip Airfare for a Total of $12,000 and Appropriating Funds [Sponsored by Crites] Motion (Osenga/Barnwell) Approve Resolution 2026-028 City Clerk Kris Peck explained the current process of the clerk's office staff booking the tickets on city credit cards and then the airfare would be reimbursed to the city at the front counter. Crites noted she was the sponsor of this resolution and her intention was to make the exchange program accessible for all students rather than only those who could afford it. Barnwell was a huge fan of the program, but felt it was a hefty cost. Council discussed the possibility of student fundraisers, scholarships, and the potential rising number of applicants. Motion Passed Unanimous Resolution 2026-029: Authorizing the City Manager to Enter into a Contract with T Bailey, LLC for the Construction of a New 500,000-Gallon Water Storage Tank for an Amount Not to Exceed $2,853,300 Motion (Osenga/Barnwell) Approve Resolution 2026-029 Public Works Director Doug Schoessler explained the water tank replacement project on Lowell Canyon. This was the final step in awarding the construction project for the water tank. T Bailey submitted the lowest bid and was a very reputable company. Council discussed the overall project cost with Schoessler and it was clarified that the $2,853,300 project was already paid for. This resolution was simply to award the contract to T Bailey. INFORMATIONAL ITEMS AND REPORTS Upcoming City Council Meetings City Council Work Session on Reviewing Developer Reimbursement Applications on Monday, April 13, 2026, at 5:30 p.m. City Council Meeting on Monday, April 13, 2026, at 7:00 p.m. Other Items City of Seward GIS Report AMCO License Overview 14 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page CITIZEN COMMENTS Phil Kaluza, inside city limits, gave a demonstration on heat pumps to show the efficiency of a heat pump system. Maya Moriarty, outside city limits, thanked council for passing the marijuana ordinance and looked forward to adding more marijuana regulations in the near future. She also disagreed with the City Attorney's input on the marijuana ordinance regarding liability to the city. Nathan Straubinger, inside city limits, shared his feedback on the proposed new Harbormaster building and Harbor Uplands development project. Taylor Crocker, outside city limits, provided an update on the Electric Department's Journeyman Lineman Apprentice position. He had reserved the meeting room at the library to host a workshop on the application process. Bruce Jaffa, outside city limits, mentioned the Seward Highway conditions were getting worse and worse. He wondered if the City of Seward could help encourage the State Department of Transportation (DOT) to improve the highway. On another topic, he was pleased about the Godwin Creek hydroelectric project. Jaffa recalled a recent road trip where he noticed marijuana shops on every street corner. He didn't want Seward to become the destination for marijuana in Alaska. Rhonda Hubbard, inside city limits, was disappointed with the grandfather clause not being removed from the marijuana ordinance. She also disagreed with the City Attorney about the liability to the city regarding the existing marijuana stores. Sarah Tougas, inside city limits, encouraged everyone to tune in to all the discussions on the Harbor Uplands development. On the topic of the marijuana drive-thru, she noted DOT does not grandfather in driveway permits. Tougas provided an update on the Seward Tsunami Swim Club record breaking fundraising effort. She hoped the community pool would still exist next year. Lastly, Tougas shared a Chuck Norris joke. Doug Schoessler, inside city limits, announced the city had scored on another grant opportunity for a water line replacement on Birch Street. There will be more information to follow. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Sorensen reiterated Doug Schoessler's comment about the grant funding. Draper thanked everyone who spoke tonight and thanked Providence for the work session. She thanked Taylor Crocker for explanation of city's utility bill that was included in their newsletter. The hydroelectric projects were really exciting. Lastly, Draper game a shout -out to the girls basketball team, the cheerleaders, and the local Iditarod mushers. Calhoon thanked everyone for exercising their first amendment rights tonight. 15 City of Seward, Alaska City Council Meeting Minutes March 23, 2026 Volume 43, Page Warner echoed Calhoon's comments and the public for coming out to speak. She was looking forward to springtime. She gave a shout out to library for a cool workshop where they extracted DNA from a strawberry. McClure noted it was a full evening of agenda items. She appreciated the work session with Providence. Spring is just around the corner and be aware of bicycles and motorcycles. ADJOURNMENT The meeting was adjourned at 10:16 p.m. Kris Peck Sue McClure City Clerk Mayor 16 RESOLUTION 2026-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE ANNUAL ELECTRIC UTILITY MATERIALS FROM GENERAL PACIFIC, INC FOR THE 2026 OPERATING YEAR IN THE AMOUNT OF $297,413 Documents: • Agenda Statement • Resolution 2026-036 • Attachments: o Quote from General Pacific 17 City Council Agenda Statement Meeting Date: April 13, 2026 To: City Council Through: Kat Sorensen, City Manager From: Taylor Crocker, Electric Department Subject: Resolution 2026-036: Authorizing the City Manager to Purchase Annual Electric Utility Materials from General Pacific, Inc for the 2026 Operating Year in the Amount of $297,413 Background and justification: The City of Seward Electric Department procures an annual inventory of utility materials to support the ongoing operation, maintenance, and expansion of the electric system. These materials are essential for constructing new services, completing primary and secondary line extensions, and maintaining existing infrastructure to ensure safe, reliable electric service for the community. Maintaining adequate inventory levels is critical in Seward due to extended lead times, limited supplier availability in Alaska, and the need to respond quickly to outages and emergency repairs. Without a consistent annual material order, the Electric Department risks delays in restoring service, increased costs due to expedited shipping, and potential impacts to customer reliability. For the 2026 material order, the Electric Department solicited pricing from the two primary suppliers serving the Alaska utility market. Only General Pacific, Inc. provided a responsive quote. General Pacific has an established track record of supplying quality materials and supporting utilities across Alaska, making them a reliable and appropriate vendor for this procurement. The total cost of the 2026 annual material order is $297,413. This procurement includes essential components such as underground cable, connectors, elbows, protective equipment, and line hardware required for both new construction and ongoing system maintenance. Distribution transformers are not included in this purchase and will be brought forward under a separate resolution once pricing is finalized. Approval of this resolution ensures the Electric Department maintains operational readiness, supports continued system reliability, and enables timely service to new and existing customers. 18 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: $ 297,413 This legislation (✓): Creates revenue in the amount of: Creates expenditure in the amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are (✓): X Budgeted Line item(s): 15000 3000 7221 Not budgeted Not applicable $ $ 297,413 $ IMIL A Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool SMIC Parking Other x Electric Water Wastewater Healthcare Note: amounts are unaudited Available Fund Balance/Net Position as of 12/31/25 $ 5,500,551 Finance Director Signature: Szi., . X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 19 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE ANNUAL ELECTRIC UTILITY MATERIALS FROM GENERAL PACIFIC, INC FOR THE 2026 OPERATING YEAR IN THE AMOUNT OF $297,413 WHEREAS, the City of Seward Electric Department requires an annual material order to maintain adequate inventory levels for construction, maintenance, and operation of the electric utility system; and WHEREAS, these materials are necessary to support new service installations, primary and secondary extensions, and the ongoing maintenance of existing electric infrastructure to ensure safe and reliable service to customers; and WHEREAS, the City of Seward Electric Department solicited quotes from the two primary utility material suppliers serving Alaska, and only General Pacific, Inc. provided a responsive quote; and WHEREAS, General Pacific, Inc. has an established history of supplying quality utility materials and providing reliable service to utilities in Alaska, representing the best available value to the City; and WHEREAS, the total quoted cost for the 2026 annual material order is $297,413, as documented in the submitted quotation; and WHEREAS, this material order does not include distribution transformers, which will be procured under a separate resolution once quotes are finalized; and WHEREAS, approving this purchase ensures the Electric Department can continue timely construction, respond to outages, and maintain system reliability for the residents of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to purchase annual electric utility materials from General Pacific, Inc. in the amount of $297,413. Section 2. Funding in the amount of $297,413 is hereby appropriated from the Electric Fund for the 2026 budget year for the purchase of utility materials from account no. 150000- 3000- 7221 Operating Materials Expense. Section 3. This resolution shall take effect immediately upon approval. 20 CITY OF SEWARD, ALASKA RESOLUTION 2026-036 APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 13th DAY OF APRIL 2026. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk Sue McClure, Mayor 21 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Bill To: Seward, City of PO Box 167 Seward, AK 99664-0167 US 1-907-224-4050 Customer ID: 107850 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 1 of 7 Quote Expires On: 03/15/2026 Ship To: Seward, City of 410 Adams St Seward, AK 99664 Requested By: Tatiana Calenici PO Number Ship Route Taker Restock 2026 ANY CPARKER Quantities Item ID Item Descrintion Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I RemaininglUOM Unit Size ° q 24.0000 0.0000 24.0000 EA ELE 5020SW 1.0 POLY SELF LAM TAG 3.25X5 BLANK WHT EA 1.0 26.7000 640.80 25.0000 0.0000 25.0000 EA ELA 162LR-B-5220 1.0 Elbow, Lb #2str 15kv WITH Test Point 200Amp Loadbreak Jacket Seal Elbow Connector WITH Test Point, 0.635" - 0.905" Cable Insulation Diameter, #2 Stranded Wire Size, Bi-Metal Compression Lug EA 1.0 64.7600 1,619.00 80.0000 0.0000 80.0000 EA ELA 161LR-B EA 43.8900 3,511.20 1.0 Elbow Loadbreak 15kv No Connector No Tp 1.0 0.665 - 0.905 Cable Diam. 70.0000 0.0000 70.0000 EA ELA 160DRG 1.0 Cap Protective 15kv Grounding Lead 200A LB EA 1.0 46.8900 3,282.30 45.0000 0.0000 45.0000 EA ELA 164J4-5 EA 1.0 Junction, 4-Pos, Lb W/U-Straps, 15Kv 1.0 284.3700 12,796.65 20.0000 0.0000 20.0000 KIT 3M 7642-S-2-4/0 KIT 135.8900 2,717.80 1.0 Cold Shrink QT-III Term Kit OD 0.64-1.08 1.0 D003939749, 7/1/25 Ordered As: 7642-5-2-4/0 300.0000 0.0000 300.0000 EA STE JR-OS-C EA 3.2900 987.00 1.0 "Jr. One -Shot" Equipment Lock w/Red Cap 1.0 22 19.1.3681 - 09/23/19 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 2 of 7 Quote Expires On: 03/15/2026 Quantities Item ID Item Description Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I Remaining UOM Unit Size ° q Rubber tip on end to prevent accidental locking 12.0000 0.0000 12.0000 EA DUR 1012619 1.0 SECT PED 3P 25KV 600A 306022 W EA 1.0 1,324.0000 15,888.00 15.0000 0.0000 15.0000 EA EMP 22-130 EA 26.5300 397.95 1.0 6"Red Caution Electric Line Buried Below 1.0 Caution Electric Line Buried Below. 6" x 1000' Red w/Black letters Shieldtec Standard Stretch Non -Detectable 50.0000 0.0000 50.0000 EA 3M 40137 EA 14.4400 722.00 1.0 Aluminum Two Hole Lug 1.0 D003939749, 7/1/25 50.0000 0.0000 50.0000 EA 3M 40145 EA 16.9700 848.50 1.0 Al comp lug 2H 4/0 cu/al 1.0 D003939749, 7/1/25 Ordered As: 40145 100.0000 0.0000 100.0000 EA HOM CSW 6350 EA 34.8900 3,489.00 1.0 Secondary transformer connector 1.0 50.0000 0.0000 50.0000 EA HOM CSW-6500 EA 1.0 Trans Conn QDISC 2-500 6OUTL 1I 1.0 127.0800 6,354.00 40.0000 0.0000 40.0000 EA ALC PA6-350 1.0 ALUMINUM PEDESTAL TERMINAL, AL-CU, 6 ALUMINUM PEDESTAL TERMINAL, AL-CU, 6 CONDUCTORS, 350-6 AWG-MCM RANGE EA 14.8900 595.60 1.0 120.0000 0.0000 120.0000 EA HOM ABC6350 EA 24.9000 2,988.00 1.0 S Screw PED Conn 12-350 6OUTL 1.0 200.0000 0.0000 200.0000 EA ELA 02500220 1.0 Connector Elbow #2 Long Bi-Metal Contact, Bi-Metal, 200A LB Elbow Ordered As: 02500220 EA 1.0 8.8500 1,770.00 80.0000 0.0000 80.0000 EA ELA 03700270 EA 30.3800 2,430.40 1.0 Comp Lug, 600A, 4/0 1.0 100.0000 0.0000 100.0000 EA ERI HDC58 EA 5.1200 512.00 23 19.1.3681 - 09/23/19 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 3 of 7 Quote Expires On: 03/15/2026 Quantities Item ID Item Description Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I Remaining UOM Unit Size ° q 1.0 Clamp Ground Rod 5/8" Heavy Duty Clamp Ground Rod 5/8" Heavy Duty 1.0 100.0000 0.0000 100.0000 EA JOS J8753P 1.0 Screw, FD Lag 1/2" X 3", 2-1/4" Thread L Ordered As: J8753P EA 1.0 2.6600 266.00 100.0000 0.0000 100.0000 EA JOS J8708 EA 1.0 Bolt, Machine 1/2 X 8" 1.0 1/2 in diam- Minimum Tensile Strength 8,500 lbs; Bolt Length: 8 in; Thread Length: 4 in Ordered As: J8708 3.3200 332.00 100.0000 0.0000 100.0000 EA JOS J1076 1.0 Washer, Square 2-1/4"x 3/16" 13/16" Hole Bolt Diameter: 3/4 in; Material: Galvanized Ordered As: J1076 EA 1.0 0.7900 79.00 15.0000 0.0000 15.0000 EA JOS ZNP010-0C00000 1.0 Arrester l0kv Poly Stnd Dut Voltage Rating:10 MCOV: 8.4 kVrms Equivalent FOW kV: 32.9 Switching Surge kV: 26.3 EA 99.6900 1,495.35 1.0 100.0000 0.0000 100.0000 RL 3M 37-1-1/21NX66FT-1.51N-CORE 1.0 Vinyl Electrical Tape 1.51N x 66FT SPA 10/1/25 Scotch 37 Vinyl Electrical Tape; Color: Black; Core: 1.51N RL 7.7400 774.00 1.0 100.0000 0.0000 100.0000 EA 1.0 THO W20-1 Clamp, Service Ent Wedge w/Slider 1/0-#4 EA 4.5900 459.00 1.0 25.0000 0.0000 25.0000 EA MAC HLS-4/0-E EA 22.1900 554.75 1.0 Stirrup, Hot Line #4-4/0 ACSR 1.0 Ordered As: HLS-4/0-E 50.0000 0.0000 50.0000 EA AND AHLS397021E EA 57.7900 2,889.50 1.0 Clamp Stirrup Aluminum #1/0-397.5 1.0 #1/Ocu 2bolt No Tin Ordered As: HLS-397-E 40.0000 0.0000 40.0000 EA RICAHLC100-TN EA 11.3600 454.40 24 19.1.3681 - 09/23/19 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 4 of 7 Quote Expires On: 03/15/2026 Quantities Item ID Item Description Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I Remaining UOM Unit Size ° q 1.0 Clamp Hotline #8 - 2/0 Clamp Hotline #8 - 2/0 1.0 40.0000 0.0000 40.0000 EA MAC C1530AP 1.0 Clamp, Hot Line 336.4-3/0 Ordered As: C 1530AP EA 1.0 27.3600 1,094.40 25.0000 0.0000 25.0000 EA MAC C1540AP 1.0 Clamp, Hot Line Ordered As: C 1540AP EA 63.8900 1,597.25 1.0 50.0000 0.0000 50.0000 EA MAC 7652APLD EA 14.5100 725.50 1.0 Clevis DE Auto #4-#2 Alum. Orng-Red 1.0 20.0000 0.0000 20.0000 EA ALU F1CA-MV-H12-C4 EA 58.3100 1,166.20 1.0 Single Phase Clover Leaf 4-Hole Brkt 1.0 40.0000 0.0000 40.0000 EA ABBAJ11CC2N12K0 EA 1.0 15 kV BIL: 1 - 110 kV Cutout 1.0 225.1100 9,004.40 15.0000 0.0000 15.0000 EA ABB Y1ZCBNEA21 EA 257.3000 3,859.50 1.0 Y1J Type LBU Cutout 15k 110 BIL 1.0 10.0000 0.0000 10.0000 EA ABB YSJCBNM12 1.0 Cutout 27kV 150BIL Silicone Voltage option 1 EA 1.0 256.6000 2,566.00 50.0000 0.0000 50.0000 EA PVC 2 LONG LINE COUPLING EA 4.0900 204.50 1.0 2" Long Line Couplings 1.0 Ordered As: 925111 100.0000 0.0000 100.0000 EA PVC 4 LONG LINE COUPLING EA 15.2000 1,520.00 1.0 4" Long Line Coupling 1.0 50.0000 0.0000 50.0000 EA PEN CROSSARM 8-FT EA 1.0 Crossarm 3-3/4"x 4-3/4"X8' Rea 03,4 PIN 1.0 Xarm 3-3/4" X 4-3/4" X8 REA 03 Spec. 42# 25 Per Bnd 105.6000 5,280.00 50.0000 0.0000 50.0000 PR ALU AF626 1.0 Flat Apitong Braces 38"x18" 13/16"Xl 3/4" Apitong Ordered As: AF626 PR 1.0 15.9000 795.00 25 19.1.3681 - 09/23/19 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 5 of 7 Quote Expires On: 03/15/2026 Quantities Item ID Item Description Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I Remaining UOM Unit Size ° q 36.0000 0.0000 36.0000 EA MAC DS-15M 1.0 Insulator, Dead End, Silicone, 15kV DDE; IMP; 15KV TONGUE/CLEVIS Ordered As: DS-15M EA 1.0 18.2300 656.28 14.0000 0.0000 14.0000 EA ABB 7525A01G01 1.0 CMF 200:5 RF=4 w/bar EA 349.5000 4,893.00 1.0 18.0000 0.0000 18.0000 EA 1.0 ABB 7525A01G03 CMF 400:5 RF=4 w/bar EA 1.0 314.7000 5,664.60 50.0000 0.0000 50.0000 EA ABB 702-4 EA 4.5900 229.50 1.0 RGD COND CLP 4IN 11 GA STEEL 1.0 Ordered As: 702-4 100.0000 0.0000 100.0000 EA ABB 702-2-STR EA 6.1200 612.00 1.0 702-2-STR 12GA STL 1.0 Ordered As: 702-2-STR 30.0000 0.0000 30.0000 EA IPS DUIT 413 QT CLEAR EA 1.0 Quart Clear Medium Body PVC Cement 1.0 21.2300 636.90 30.0000 0.0000 30.0000 EA 1.0 POL NN-128 Gal Polywater Plus Silicone NN EA 41.2900 1,238.70 1.0 25.0000 0.0000 25.0000 EA PVC 2X36X45S40 EA 1.0 2"x36"x45deg Sch 40 PVC Elbow w/ BE 1.0 14.0700 351.75 40.0000 0.0000 40.0000 EA PVC 2X36X90S40 EA 18.9800 759.20 1.0 2"x36"x90deg Sch 40 PVC Elbow w/ BE 1.0 30.0000 0.0000 30.0000 EA PVC 4X36X45S40 EA 26.2100 786.30 1.0 4"x36"x45deg Sch 40 PVC Elbw w/ BE 1.0 30.0000 0.0000 30.0000 EA PVC 4X24X90S40 EA 1.0 4"x24"x90deg Sch 40 PVC Elbow w/BE 1.0 43.5400 1,306.20 15.0000 0.0000 15.0000 EA PVC 4X24X45S40 EA 25.6900 385.35 1.0 PVC 4x24x45 S40 elbow pxb 1.0 3,000.0000 0.0000 3,000.0000 FT PVC 2X10S4OULGRY FT 1.0 2"x10' Sch 40 PVC PxBE UL Gray 1.0 1.2900 3,870.00 8,000.0000 0.0000 8,000.0000 FT PVC 4X10S4OULGRY FT 3.2800 26,240.00 26 19.1.3681 - 09/23/19 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 6 of 7 Quote Expires On: 03/15/2026 Quantities Item ID Item Description Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I Remaining UOM Unit Size ° q 1.0 4"x10' Sch 40 UL Gray PVC 1.0 20.0000 0.0000 20.0000 EA WRO WR2200 - GP LOGO 1.0 Pull String 500# 2,200ft w/GenPac Logo White w/ Red Stripe EA 1.0 45.1100 902.20 1.0000 0.0000 1.0000 RL DUR 20000080 RL 212.4600 212.46 1.0 Bull -Line WPoly Tape 2500# 5,000ft Reel 1.0 60.0000 0.0000 60.0000 EA 1.0 FIS FP7790B-SSS Photo Control 105v - 285v Dual Voltage EA 6.1100 366.60 1.0 2,500.0000 0.0000 2,500.0000 FT KER 102F15-C1200-0002 FT 1.0 EPR, #2 7X AL .220 Mil Full Neu 10#14 1.0 2 AWG 7X H19 Filled Compressed Round AAC Conductor 15kV SPS 133% .012 PS-2 Conductor Shield. 0.220 Kerite Insl. 0.030 SC-3 Insl Shield. Full Neutral - 10 Wire 14 AWG BC .050 Linear Low Density Polyethylene Jacket 3 Red Stripes. Single Conductor ICEA. 3.9600 9,900.00 22,500.0000 0.0000 22,500.0000 FT KER 141F15-C3200-0002 FT 5.3200 119,700.00 1.0 EPR,4/0 19X AL .220 Mil 1/3 Neu 11#14 1.0 4/0 AWG 19X H19 Filled Compressed Round AAC Conductor 15kV SPS 133% .012 PS-2 Conductor Shield. 0.220 Kerite Insl. 0.030 SC-3 Ins1 Shield. 1/3 Neutral - 11 Wire 14 AWG BC .050 Linear Low Density Polyethylene Jacket 3 Red Stripes. Single Conductor ICEA. 4,000.0000 0.0000 4,000.0000 FT CME SWEETBRIAR 1.0 Wire Underground Triplex 4/0-4/0-2/0 1000' Reel: 42 x 26 x 18 (NR 42.26 ) Ordered As: SWEETBRIAR FT 1.0 2.6400 10,560.00 2,000.0000 0.0000 2,000.0000 FT CME WESLEYAN FT 4.3400 8,680.00 1.0 350KCMIL Triplex XLPE URD AL Cond Wire 1.0 1/C 350 KCMIL 37W AL-1350 CPR .095" XLPE SEQ, 1/C 350 KCMIL 37W AL-1350 CPR .095" XLPE,1/C 4/0 AWG 19W AL-1350 CPR .080" XLPE EYS; USE-2; 1000' Reel: 50 x 31 x 24 3,000.0000 0.0000 3,000.0000 FT SER #4 STRAND CU FT 0.9200 2,760.00 19.1.3681 - 09/23/19 27 General Pacific, Inc. QUOTATION P.O. Box. 70 Fairview, OR 97024 USA 503-907-2900 Order Number 1353372 Order Date Page 02/13/2026 11:19:25 7 of 7 Quote Expires On: 03/15/2026 Quantities Item ID Item Description Pricing UOM Unit Size Unit Price Extended Price Ordered Allocated I Remaining UOM Unit Size ° q 1.0 #4 7Str Soft Drawn Bare CU 200' Spool W/2" Arbo 1.0 Total Lines: 60 SUB -TOTAL: 297,377.99 TAX: 35.00 AMOUNT DUE: 297,412.99 U.S. Dollars 28 19.1.3681 - 09/23/19 RESOLUTION 2026-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 01 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KPFF CONSULTING ENGINEERS FOR EMISSIONS INVENTORY SERVICES FOR AN AMOUNT NOT TO EXCEED $284,995 WHICH IS FULLY FUNDED BY THE EPA GRANT AS PART OF THE SHORE POWER PROJECT Documents: • Agenda Statement • Resolution 2026-037 • Attachments: o KPFF Amendment No. 01 29 City Council Agenda Statement Meeting Date: April 13, 2026 To: City Council From: Kat Sorensen, City Manager Subject: Resolution 2026-037: Authorizing the City Manager to Execute Amendment No. 01 to the Professional Services Agreement with KPFF Consulting Engineers for Emissions Inventory Services for an Amount Not to Exceed $284,995 which is Fully Funded by the EPA Grant as Part of the Shore Power Project Background and justification: On April 15, 2025, the City entered into a Professional Services Agreement with KPFF Consulting Engineers for project management services supporting the EPA Clean Ports grant -funded Shore Power project. As a condition of the $45.7 million EPA Clean Ports grant, the City is required to conduct a vessel emissions inventory documenting baseline air emissions from cruise ships hoteling at the Port of Seward, as well as projected emissions reductions resulting from shore power implementation. KPFF has submitted Amendment No. 01, dated March 27, 2026, to expand their scope of services to include management and delivery of this emissions inventory, encompassing project planning, data collection, baseline emissions calculations, future emissions modeling, QA/QC review, and preparation of a final report meeting EPA grant requirements. The amendment is structured as a time -and -materials contract with a not -to -exceed fee of $284,995, bringing the total contract amount to $702,936. The KPFF amendment lists the total contract amount as $683,034. The original contract for $398,039 passed by Resolution 2025-044, included a 5% contingency of $19,901.95. This was added to the project budget for the City, bringing the total amount not to exceed $702,936. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: EPA Grant Requirements Total amount of funds listed in this legislation: This legislation (V): Creates revenue in the amount of: $ 284,995 $ 30 x Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Grant funded x Not budgeted Not applicable $ 284,995 $ Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water EPA Grant Fund Wastewater Healthcare Note: amounts are unaudited $ [intentionally left blank] Finance Director Signature: ,5G Yes Attorney Signature: Not applicable Comments: Administration Recommendation x Adopt Resolution Other: 31 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 01 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KPFF CONSULTING ENGINEERS FOR EMISSIONS INVENTORY SERVICES FOR AN AMOUNT NOT TO EXCEED $284,995 WHICH IS FULLY FUNDED BY THE EPA GRANT AS PART OF THE SHORE POWER PROJECT WHEREAS, the City of Seward was awarded a $45.7 million EPA Clean Ports Program grant to develop shore power infrastructure at the Port of Seward, enabling cruise vessels to connect to the local electrical grid instead of running diesel generators while docked; and WHEREAS, on April 15, 2025, the City entered into a Professional Services Agreement with KPFF Consulting Engineers (KPFF) for project management services for the shore power project; and WHEREAS, pursuant to City Code Section 6.10.020, the contract amendment to include emissions inventory support services qualifies as a justified exemption from competitive procurement, subject to applicable federal, state, and local regulations; and WHEREAS, the EPA grant requires the City to conduct a Port of Seward Vessel Shore Power Implementation Emissions Inventory as specified in the Project Quality Assurance Project Plan (QAPP); and WHEREAS, KPFF has submitted Amendment No. 01, dated March 27, 2026, to expand the scope of services to include emissions inventory support, consisting of five tasks: (1) Project Planning and Data Scoping, (2) Baseline Emissions Inventory Development, (3) Future Shore Power Use and Emissions Savings Modeling, (4) QA/QC Activities, and (5) Emissions Inventory Report Generation and Submission, with work to be completed by Q2 2028; and WHEREAS, the additional fee for Amendment No. 01 is $284,995 on a time -and -materials basis; and WHEREAS, the original contract for $398,039 passed by Resolution 2025-044, included a 5% contingency of $19,902. This was added to the $683,034 revised project budget for the City, bringing the total amount not to exceed $702,936; and WHEREAS, funds for this amendment are available within the existing EPA grant budget. 32 CITY OF SEWARD, ALASKA RESOLUTION 2026-037 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Manager is hereby authorized to execute Amendment No. 01 to the Professional Services Agreement with KPFF Consulting Engineers for emissions inventory support services for the shore power project, in an additional amount not to exceed $284,995, for a revised total contract amount not to exceed $702,936.00 Section 2. Funding in the amount of $284,995 is hereby appropriated from the EPA grant funds allocated specifically for the Port of Seward Vessel Shore Power Fund contracted services expense account 15360-0000-7009. Section 3. This resolution shall take effect immediately upon approval. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 13th DAY OF APRIL 2026. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk Sue McClure, Mayor 33 kpff Consulting Engineers 1601 5' Avenue, Suite 1300, SEATTLE, WA 98101 P: 206-382-0600 F: 206-382-0500 WWW KPFF.COM AMENDMENT TO EXISTING AGREEMENT FOR PROFESSIONAL SERVICES DATE OF AMENDMENT: March 27, 2026 DATE OF EXISTING AGREEMENT: April 15, 2025 JOB NUMBER: 2500051 CLIENT: City of Seward PROJECT NAME: Shore Power and Cruise Ship Expansion — Project Management Dock LOCATION: Seward, AK SCOPE OF SERVICES: Emissions inventory support, detailed in the KPFF Amendment No. 01 Proposal, dated March 27, 2026, attached as Attachment "A" SCHEDULE: Work to complete is Q2 2028 FEE: Additional fee for services provided in this amendment of $284,995. Budget for this project not to exceed $683,034. The existing Agreement dated April, 15, 2025 remains unchanged except as specifically modified in this Amendment. Offered By KPFF, Inc. Accepted by City of Seward (Signature) (Signature) Rob Price, Principal, 3/27/26 (Print Name/Title) (Print Name/Title) Page 1 of 1 34 City of Seward March 27, 2026 Page 1 1601 Fifth Avenue, Suite 1300, Seattle, WA 98101 1206-382-0600 I kpff.com March 27th, 2026 Kat Sorensen I City Manager City of Seward 410 Adams St P.O. Box 167 Seward, AK 99664 Re: Shore Power and Cruise Ship Dock Expansion — Project Management Amendment No. 01 KPFF Project No. 2500051 Dear Kat, kpff KPFF is providing this Scope and Fee supplement proposal for additional Grant Administration Project Management, Emissions Study, as part of the City of Seward Shore Power and Cruise Ship Dock Expansion project. This proposal addresses the project needs for management of an emissions study to support requirements called out in the Project QAPP. Emissions Inventory Support KPFF will support the development of a Port of Seward Vessel Shore Power Implementation Emissions Inventory (emissions inventory) in alignment with EPA Grant requirements. Per the scope in the project QAPP, this emission inventory will be focused exclusively on identifying emissions from vessels hoteling at the Port of Seward, and identified emission types will include: • Greenhouse gases (CO2) • Criteria air pollutants including particulate matter (PM2.5), carbon monoxide (CO), nitrous oxides (NOX), Sulfur dioxide (SO2) All of the emissions inventoried will be from cruise ships docked at either of the berths at the Port of Seward located at the head of Resurrection Bay in the city of Seward, Alaska. Task 1: Project Planning and Data Scoping. KPFF will first host an online project kickoff with City of Seward and Port of Seward Operations staff to ensure alignment with project goals and schedule, review current data availability, and identify key data sources. Based on the kickoff discussion, the KPFF team will develop a Data Collection Plan that identifies key data needs, data sources for each need, along with a data collection methodology. Data needs are expected to include: 35 City of Seward March 27, 2026 Page 2 • Vessel characteristics including vessel name, type, and diesel generator characteristics, such as fuel, power rating, and engine tier • Vessel activity information, including duration of hoteling per vessel call, electric hoteling loads, and number of calls per year per vessel • Fuel type used for each vessel • EPA emissions factors KPFF anticipates that the Data Collection Plan will include outreach to vessel operators and Port of Seward Staff, including requests for information, virtual meetings, and follow-up emails as needed. As part of Data Collection Plan development, KPFF, in collaboration with City and Port Staff, will develop a contact list for vessel operators and other stakeholders who were not yet identified in the QAPP. Deliverables • Project Kickoff Presentation • Data Collection Plan Assumptions • Project kickoff meeting will be virtual and one hour in duration. Task2: Develop Baseline Year Emissions. As part of this subtask, KPFF will first execute the Data Collection Plan developed in Task 1. As part of this effort, KPFF will partner with City of Seward and Port of Seward Operations Staff to organize and format vessel activity data, as needed. In addition, KPFF will conduct phone and virtual outreach with vessel operators and industry trade organizations as needed to collect new primary data regarding vessel characteristics, fuel type, or other data per procedures listed in the Data Collection Plan. A log of data collection activities will be maintained to record what outreach occurred, what data was received, and when it was received. Using EPA emissions factors and in alignment with EPA guidance on Port Inventories, KPFF will then develop an emissions calculation methodology using the collected data, identifying necessary assumptions, quality assurance and quality control checks, and documentation procedures. KPFF will then carry out the methodology and conduct calculations to identify baseline emissions. As needed, KPFF will coordinate with EPA and Port of Seward grant staff to ensure alignment and approval of the identified calculation methodology and to ensure all grant requirements are met. Deliverables • Data Collection Log • Baseline Emissions Inventory Methodology Memo • Baseline Emissions Inventory Calculation Spreadsheet 36 City of Seward March 27, 2026 Page 3 Assumptions • Inventory will use 2024 as the baseline year for emissions calculations. • Any coordination with EPA regarding grant requirements will be via either virtual meetings or email correspondence. KPFF will not conduct any coordination with EPA without consulting the City of Seward Project Manager. Task 3: Model Future Shore Power Use and Emissions Savings. To understand the potential emissions savings of the new shore power installation, KPFF will also develop a model to project potential future shore power use and associated emission reductions. This model will project annual electricity used via shore power in the first full year of shore power operation using a three -step approach. 1. Model future vessel activity at the port along based on recent activity trends, including estimates of which visiting vessels are expected to be compatible with the shore power system after the project is complete. KPFF will develop these estimates based on vessels that are currently shore power capable, as identified in Task 2, and will also estimate any reasonable increases in the shore power capability of visiting vessels based on current market trends and input from vessel operators. 2. Identify likely shore power electricity use and power needs for each port call based on vessel characteristics and activity data identified in Task 2. 3. Calculate shore power related emissions from the utility grid and compare them to baseline emissions to quantify projected emissions savings on an annual basis. KPFF will document the model's assumptions and calculations in a consolidated spreadsheet. Deliverables • Future Shore Power Use Model & Emissions Calculation Spreadsheet Assumptions • Inventory will use 2024 as the baseline year for emissions calculations. Task 4: QA/QC Activities. Andy Bennett at KPFF will be the dedicated KPFF staff member to serve as Project Quality Assurance Manager and will complete QA/QC activities of both the baseline emissions calculations and the future shore power use model. Key activities that the Project Quality Assurance Manager will conduct include: • Cross-checking reported vessel activity with independent sources. • Performing internal consistency checks on calculation outputs. • Assigning QA ranks to all data inputs (Ranks A—E) per EPA guidance. 37 City of Seward March 27, 2026 Page 4 The Project Quality Assurance Manager will document QA rankings and justifications in a memo for easy verification with EPA. Deliverables • Memo Documenting QA Rankings for Data Inputs Assumptions • The Project QA manager will maintain the approved QA Project Plan. Task 5: Report Generation & Submission. KPFF would prepare the final Emissions Inventory Report, focusing on meeting grant requirements and communicating the emissions inventory methodology and findings in a clear, easy to understand, and visually appealing manner. The Emissions Inventory Report will include, at minimum, the following sections: • Introduction & Project Purpose • Methodology • Summary of QA Activities • Baseline Emissions (including applicable data tables and visualizations) • Future Shore Power Use and Emission Reductions (including applicable data tables and visualizations) Deliverables: • Emissions Inventory Report Assumptions: • The City of Seward will complete final submission of report materials to EPA. Project Management KPFF will conduct project management activities as needed to support successful completion of this project. Tasks will include meeting preparation, attendance, and follow-up; budget and schedule tracking; and preparation of monthly invoices. Project management meetings will be held with Port of Seward bi-weekly to discuss project status and key tasks. Deliverables: • Detailed project schedule with tasks, roles, and timeline • Monthly invoices 38 City of Seward March 27, 2026 Page 5 Assumptions: • One -hour, biweekly check -in meetings will be held virtually. • Two staff from KPFF will attend all meetings and will bring in other specialized staff, as needed. • Assumes a 10-month project duration. Fee KPFF proposes a time and materials contract, with the not -to -exceed budgets by task for the amount of $284,995. If after your review of this proposal you have any questions, please contact me at your earliest convenience. We look forward to continuing working with you and City of Seward on this critical project. Sincerely, Robert Price, PMP Principal KPFF Consulting Engineers Attachments: Fee Spreadsheet Sub consultant Scope Proposal 39 Consultant Fee Estimate Summar Project Name Fee Estimate KPFF 1.0000 DSC+OH Mult. Principal ciA Manager Planner II Planner II Planner I Prog Support Admin Graphics SR. Graphics Task Description $ 285 $ 285 $ 175 $ 175 $ 105 $ 155 $ 130 $ 110 $ 190 Fee 0 Project Management 0.1 Meetings 10.0 20.0 20.0 40.0 14,050 0.2 General PM 40.0 20.0 60.0 19,800.00 Subtotal 0.0 10.0 60.0 40.0 40.0 60.0 0.0 0.0 0.0 $ 33,850 1.0 Project Planning and Data Scoping 1.1 Kickoff 1.0 2.0 4.0 4.0 8.0 3,095.00 1.2 Develop Data Collection Plan 20.0 4.0 24.0 24.0 32.0 18,600.00 1.3 - Subtotal 21.0 6.0 28.0 28.0 40.0 0.0 0.0 0.0 0.0 $ 21,695 2.0 Develop Baseline Emissions Inventory 2.1 Outreach & Data Collection 24.0 2.0 24.0 120.0 80.0 41,010.00 2.2 Model Methodology & Template 8.0 2.0 32.0 100.0 25,950.00 2.3 Baseline Year Emissions Calculations 40.0 80.0 140.0 35,700.00 2.4 EPA Coordination 10.0 10.0 10.0 20.0 8,450.00 Subtotal 42.0 4.0 106.0 310.0 240.0 0.0 0.0 0.0 0.0 $ 111,110 3.0 Model Future Emissions 3.1 Future Shore Power Use 40.0 2.0 24.0 40.0 60.0 29,470.00 3.2 Emissions Projections 16.0 40.0 60.0 16,100.00 3.3 EPA Coordination 8.0 8.0 8.0 16.0 6,760.00 Subtotal 48.0 2.0 48.0 88.0 136.0 0.0 0.0 0.0 0.0 $ 52,330 4.0 QA/QC Activities 4.1 QA/QC Inventory 48.0 20.0 15,780.00 4.2 QA/QC Future Emission Model 48.0 20.0 15,780.00 Subtotal 0.0 96.0 0.0 0.0 40.0 0.0 0.0 0.0 0.0 $ 31,560 5.0 Emissions Inventory Report 5.1 Draft 16.0 4.0 32.0 16.0 80.0 22,500.00 5.2 Final 8.0 2.0 16.0 12.0 40.0 11,950.00 Subtotal 24.0 6.0 48.0 28.0 120.0 0.0 0.0 0.0 0.0 $ 34,450 6.0 6.1 - Subtotal 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $ - Labor Total 135.0 124.0 290.0 494.0 616.0 60.0 - - - $ 284,995 Other Direct Costs Description Qty Unit Cost Mileage (2025) miles $ 0.725 $ - ODC1 night $ 275 $ - ODC2 each $ 100 $ - ODC3 day $ 100 $ - ODC4 Is $ 200 $ - Expense Subtotal: $ - KPFF TOTAL: $ 284,995.00 40 1 City Manager Report Administration I recently traveled to Juneau for the City's annual state legislative visit, joined by Councilmember Barnwell. Over the course of our visit, we met with Seward's own Representative Louise Stutes and Senator Gary Stevens. We were glad to have the opportunity to visit with Senator Stevens, who has announced he will be retiring at the end of the current session. We also met with Senator Bjorkman and Representative Elam, who represent the Bear Creek district. Each of these meetings provided an opportunity to discuss Seward's legislative priorities and to strengthen our relationships at the state level. We also had a productive meeting with the Alaska Department of Transportation regarding projects of importance to our community. Overall, it was a valuable and productive visit. I then traveled to Sitka for the 2026 Northwest Managers Conference, hosted by the Alaska Municipal Management Association (AMMA) at Harrigan Centennial Hall from March 30 through April 2. 1 had served on the planning committee for this conference, and it was great to see the culmination of the team's work in such a great conference, which brought together city, borough, and county managers and administrators from Alaska, Washington, and Oregon. The event opened Monday evening with a reception featuring a performance by the Gajaa Heen Dancers, a beautiful and memorable welcome to Sitka. We were lucky to have great weather, and a ton of whale sightings! Sessions covered a broad range of topics relevant to municipal leadership, including HR strategy, emergency management, housing and zoning reform, and balancing tourism growth with local community needs. I had the opportunity to moderate the session on Al governance frameworks, which featured representatives from the City and Borough of Juneau and the Municipality of Anchorage sharing their approaches to responsible municipal AI use. It was a valuable opportunity to connect with peers from across the region and bring back ideas applicable to Seward. After all that travel, it is great to be back in Seward with spring in the air. Shortly after returning, I had the pleasure of meeting with Deborah Berini, the newly appointed Chief Executive of Providence Alaska, along with our local Providence executive Helena Jagielski. It was a wonderful introduction, and 1 look forward to building a strong working relationship as Deborah settles into her new role. 41 I also had the pleasure of attending the Seward Chamber Community Awards, a great opportunity to celebrate the many individuals and organizations that make Seward such a special place. Also, the NOFO (Notice of Funding Opportunity) for the PIDP (Port Infrastructure Development Program) Grant has been finally released and is due in late June. We will be working with R&M and Solstice AK to submit an application for the North Harbor Paving and Upgrades Project. Finance Department As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 has been approved by the City Manager since the last council meeting: Department Date Vendor Description Amount LIBRARY 3/18/2026 RGC ALASKA LLC Entrance door repairs. 13,000.00 ROADS AND STREETS 3/18/2026 METCO ALASKA LLC FY26 OPEN PURCHASE ORDER Januarythru December for operating supplies, maintenance, repair. tool items and freight to be charged to appropriate departments upon payment. Amounts NOT TO EXCEED $5,000 per invoice will be covered under this purchase order. 10,000.00 ELECTRIC GENERAL 4/01/2026 CRW ENGINEERING GROUP LLC WORK ORDER 44299-❑HUG RAILROAD YARD- ELECTRICAL ENGINEERING SERVICES 12,515.00 ELECTRIC ADMIN 3/17/2026 WRITTEN IN RED CORP Safety Training for Linemen 14,487.56 ELECTRIC GENERAL 4/01/2026 CRW ENGINEERING GROUP LLC WORK ORDER 44298- OHUG HATCHERY TO WATERFALL- ELECTRICAL ENGINEERING SERVICES 16,915.00 MIS 3/24/2026 Sill INTERNATIONAL CORP Veeam Backup and Recovery software, and Veeam Cloud storage target 3 yr license renewal 18,448.92 PARKING 3/18/2026 T2SYSTEMS INC FY26 OPEN PURCHASE ORDER January through December for operating supplies, maintenance, repair, tool items, and freight to be charged to the appropriate departments upon payment. Amounts NOT TO EXCEED $5,000 per invoice will be covered under this purchase order. 18,523.00 SEWER 3/23/2026 ALASKA GARDEN AND PETSUPPLY INC FY26 OPEN PURCHASE ORDER Januarythru December for operating supplies, maintenance, repair -SOLUBLE CALCIUM NITRATE .Amounts NOT TO EXCEED $5,000 per invoice will be covered under this purchase order. 21,000.00 ELECTRIC ADMIN 3/18/2026 MARCH COUNSEL LLC PO for$25,000 for" March Counsel LLC- This 1611 cover the Legal Counsel for our Godsdin/4th of JulyCreek Hydro Electric FERC application process. 25,000.00 Human Resources Electric Operations Supervisor, Taylor Crocker and HR Manager, Ashleigh Lipsey attended the AVTEC Job Fair on Thursday, April 2. The job fair was well -attended and a great opportunity to connect with students and other local job seekers. 42 Police Department Police Department Statistics YTD* PATROL Written Reports: 59 Criminal Charges: 22 Minor Offense Citations: 126 Motor Vehicle Accidents: 4 DISPATCH Event/Incident/Service Calls: 1057 911 Calls: 105 ANIMAL CONTROL Complaints:12 Impounds:11 Surrenders: 4 Dogs, 35 Cats Visitors: 524 Trial Adoptions: 2 Dogs Fosters: 3 Dogs/ 5 cat/ 6 Kittens Shelter Population: 1 Dog/ 20/ Kittens Sent to Rescue: 2 Cats, 3 Dogs Community Assist: 28 DMV Driver License and Identification Cards: 333 Motor Vehicle Registrations: 436 Boat Registrations: 6 Road Tests: 20 GENERAL INFORMATION POLICE Patrol Officer attended Advanced Roadside Impaired Driving Enforcement (ARIDE) Training. Officers participated in Q&A in Back to Your Roots Class hosted by the Seward Middle School. Officers and Staff participated in SHS Career Days/Career Fair hosted by the Seward High School. Hiring Progress —Accepting applications for Patrol Officer Positions. 43 2 Conditional Offers of Employment issued and excepted, applicants are in background investigation phase of hiring process. 1 applicant interview scheduled. 1 inquiry by interested person. DISPATCH Public Safety Dispatcher Nishimoto successfully completed 911 Dispatcher Communication Training Program. National Public Safety Telecommunicators Week, April 12t"-18111, 2026 Public Service/Safety Annoucement Reported email/internet fraud report on the rise across the nation and even here in Seward. Please contact the Internet Crime Complaint Center(IC3) at https://www.ic3.gov/ to file a report. For further information please review IC3'24 Report at https://www.ic3.gov/AnnualReport/Reports/2024_IC3Report.pdf DMV Public Service/Safety Announcement SCAM ALERT: FRAUDULENT TEXT MESSAGES — The DMV is alerting the public about fraudulent text messages claiming to originate from the Alaska DMV. These scams texts are in no way connected to the official Alaska DMV and should be disregarded. DMV does not request payments or sensitive personal information via text message. Residents are urged to avoid responding in any way to these fraudulent messages. For more information, visit the official Alaska DMV website at www.dmv.alaska.gov . Seward Animal Shelter We are having our next Soldotna Animal Hospital clinic on April 15 9-5 The student reading program will be on Wednesday this month with 16 first graders Avtec students came 3 times this month to walk dogs and socialize cats We are planning a spay neuter clinic with SPCA for the end of next month Public Works Finally, spring is in the air. Even with a few late snow days, the extra daylight and warmer temperatures are a welcome change. Multiple projects are underway at Public Works, especially with the Water Department. These projects will be under construction soon and most will be completed this year. 44 Be aware there will be some traffic detours in various locations in town throughout the summer. We will work to give notice and good signage as needed during construction. Just because the temps are warming, don't shut off your water stream yet. As the ground surface warms and thaws out the frost goes down further and freezes more service lines. We suggest you continue to run an 1/8" stream until May. The Public Works Dept. has been working on more of the same type of spring tasks each week with the different weather conditions. Frozen culverts and storm drains are still a problem as the temperatures change. The city water mains are flowing but many people have reported frozen pipes and they have had to call pipe thawing companies to unfreeze the pipes. The Water Dept locates the curb stop for the thawing company to hook their welder on to. Many of these curb stops valves are buried under gravel or dirt and we jack hammer that material off the top just to access the valve. The Seward area continues to have multiple freeze ups on private water service lines. To keep your water pipe from freezing, keep a small stream of cold water running in the sink. Preferably on the lowest floor of the house. A stream of about 1/8" or more is needed to help avoid freezing pipes. Parks and Recreation Sports & Recreation: Sat, April 3rd we hosted the Annual Kids Egg Hunt at the Forest Acres Campground - which was a huge success! The monthly Kids Night was Held Sat, April 11 th at the AVTEC Gym. Tony's Volleyball Tournament is coming up April 17 -19. Starting with the opening ceremony at Tony's Friday night from 7 to 9pm. 20 teams from around the State are coming to compete in this expanding and widely popular tournament. Games will be played at the High School, Middle School and AVTEC Gyms. Join us for some competitive, high-energy Volleyball! 45 April 25th Sports and Rec will be hosting our 5th Annual kite festival 11 am to 3pm at the Wellington picnic area and Marathon Campground. Come join us for music, games, colorful kites, vendors and fun! Sat, May 2nd will be our Pink Cheeks Triathlon starting 10am at the High School. Volunteers needed for traffic control, lap counting, race set up and finish line help... please visit Seward Sports and Recreation: Pink Cheeks Volunteer to sign up for a slot. Sat, May 9th is the Bike Rodeo at City Hall from 10 to noon. And Super Saturday cleanup/competition will also be held from 10 to 4pm that day. Pick up bags from the AVTEC Gym. The following weekend Sat, May 16th is the Famous Exit Glacier 5K/ 10K Run. Go to Exit Glacier 5k/10k too sign up today! Teen Rec Room: The second half of March has brought the weather that we have been waiting for, and the kids of the Teen Rec Room are taking advantage of it! Over the past two weeks, the weather has warmed up, the sun has been shining, and much like the sprouts popping out of the dark for the first light of spring, so are the Teens. Our outdoor space is getting so much use, we almost feel like we should change our name to the Teen Court. Here at the Teen Room, we like making sure the kids learn new things here and there. Well, the staff at the Teen Room also learns some lessons here and there. Last week, we planted our second batch of seed starts and well... We learned that plants need nurturing, even on weekends. The Teens came to the rescue and now batch three is looking much better. Last week, we hosted our first Monthly Birthday Bash. We have a lot of teens here at the Rec Room, and we want to make sure we are celebrating everyone. To accommodate everyone, we do a small birthday party at the end of the month for anyone who had a birthday during that month. Over the past two months, we have seen 105 scans into the teen room, with 160 hours of use. Campgrounds: Prepping for Campground opening April 15th Hiring seasonal Campground staff Working on Shower house and restroom improvements 46 Park Maintenance: Indoor Projects — Refurbishing picnic tables / signs / garbage cans / benches Fashioning Dog Park Equipment. Ordered fencing material and will start project as soon as the ground thaws. Prepping gardens, fertilizing fields and seeding park areas. Helping with Campgrounds with setting up operations. Getting started on Kawabe Park and Branson Pavilion improvements. Admin: Will host our 2nd SPRD Town Hall Meeting Wed, April 15th from 5 to 7pm at the Rae Building. Working on an RFP for the Boardwalk replacement. Working on the AVTEC contract for FY'26 — '28 Collaborating with the scouts who are coming down for a Camporee. We will accommodate them at the Forest Acres Campground in exchange for volunteerism at the 2 Lakes trail and ballfields. 150 scouts are expected to come to Seward May 29 — 31 st Parking: Parking Passes are now available. Go to www.cityofseward.us to purchase for the Summer season. Parking enforcement begins May 1st Working on operating plan for Summer staff Planning on full time staffing the Parking shack this summer alleviate foot traffic and questions directed to the Harbor office and City Hall Updating Parking fees on website, pay stations and lot signs. Updating software for the Parking pay stations Electric Department Alaska Power Association Conference Four Electric Department employees attended the Alaska Power Association Conference in Anchorage on March 25-26. The conference featured presenters from across the country and provided valuable insight into industry best practices. Per capita, Seward had one of the strongest employee turnouts among attending utilities. The Department places the highest priority on employee safety, and participation in events like this supports our ongoing commitment to strengthening and evolving our safety culture. 47 Nash Road Transmission Rebuild Construction continues to progress on the Nash Road Transmission Rebuild project. Sturgeon Electric Company crews are making strong headway, supported by the City's dedicated Line Foreman. We appreciate the public's patience during this work. Motorists traveling along Nash Road are asked to remain alert and prioritize crew safety while passing through the construction zone. The Department continues to work diligently to minimize service interruptions throughout the project. Apprentice Lineman Recruitment The Electric Department's local hire apprentice lineman position remains open through April 16. On March 31, staff hosted a Question and Answer session at the Seward Community Library to support local applicants, particularly young individuals interested in pursuing a career in linework, and to assist with the application process. Library & Museum Library and Museum Hours (May 1 - September 30) Library Hours Monday— Friday: 10:00 AM — 6:00 PM Saturday: 10:00 AM — 5:00 PM Museum Hours Tuesday — Friday: 10:00 AM — 6:00 PM Saturday: 10:00 AM — 5:00 PM Sunday: 1:00 PM —4:30 PM Museum: March 14— Hosted a wonderful Genealogy Workshop! We'd like to thank Anchorage Genealogical Society for hosting and sending their best genealogists to share with us tips and tricks for how to start your family tree! Resurrection Bay Historical Society hosted their annual Earthquake Memorial Event last Thursday. With a full house, people shared their memories of that horrific day in 1964 and others shared stories of their own personal experiences with earthquakes. In addition, we watched the 1990 interview with Donna Kowalski. 48 Two new Museum Curators!!! The museum team would like to extend a big thank you to Public Works for assisting with the moving of a few museum objects. They are now trained in object handling and now know about some early Alaskan Aviation! Library Updates: Seward Community Library & Museum Volunteer Appreciation Event April 30, 5-6 PM in the SCLM Community Room Join us as we come together to celebrate the incredible volunteers who have given their time, energy, and heart to the Seward Community Library & Museum over the past year. This catered event is our way of saying thank you to the people who keep our doors open, our programs thriving, and our community connected. Throughout the year, our volunteers have welcomed visitors, supported events, preserved local history, inspired young readers, and strengthened the spirit of learning and discovery that defines our library and museum. Their generosity makes a lasting impact on everyone who walks through our doors. At this special gathering, we'll share a meal, reflect on the accomplishments of the past year, and honor the individuals whose dedication helps our library and museum flourish. It's a moment to celebrate community, connection, and the power of volunteer service. We look forward to expressing our gratitude and celebrating all that you make possible. Digital Literacy Workshops (Wed 1:30-3:30 PM @ Senior Center): April 8 - iPhone Basics Get comfortable using your iPhone or iPad! Learn how to navigate settings, manage apps, adjust accessibility features, and make the most of your device's built-in tools. April 15 - Internet Basics Learn about web browsers and search engines, build skills to navigate the internet, and discover tips and tricks for basic and advanced searching online. April 22 — Intro to 'My Active Center' Program Sign -Ups @ Your Senior Center Learn how to navigate the "My Active Center" platform, including creating an account, registering for events, and printing your activity schedule. This introductory session will help you feel confident using your Senior Center's online tools. April 29 - Android Basics Get comfortable using your Android devices! Learn how to navigate settings, manage apps, adjust accessibility features, and make the most of your device's built-in tools. Scrapbooking Social — April 16' 4pm-5:30pm Looking fora cozy, creative way to spend an afternoon? Join us fora laid-back 49 Scrapbooking Social where the focus is simple: bring your photos, dive into the supplies, and enjoy making something meaningful alongside others. Documentary Film Series: The Librarians — April 23rd 6:OOpm & April 25th 2pm When lawmakers seek to review a list of books, librarians find themselves on the frontlines of a national battle. Across the U.S., librarians face the impact of uniting against library collection standards that include restrictions on race -related and LGBTQIA+ content. Drawing on historical context, The Librarians explores the broader implications for education and public life. The Librarians I Book Policies Documentary I Independent Lens Continued Ongoing Events Lego Lounge I Mondays' 3-4pm Tech Tutoring I Tuesdays 1 2-4pm Play and Chat I Thursdays 110:30-11:45 Storytime I Fridays 1 12:30pm Seward High School's Career Day Library staff attended Seward High School's Career Day on March 25 to talk with students about careers in libraries, education, and public service. They answered questions about working in a library and the different types of jobs and skills involved. The event was a great way for the library to support and connect with local students as they explore future careers. Mapping the Future: Libraries in Changing Times Library Conference Library and Museum Director Jolanta Ryan attended the Alaska Library Association Conference and a DirLead (library directors) meeting in Sitka in late March. The conference, Mapping the Future: Libraries in Changing Times, focused on how libraries are adapting to technology and changing community needs, with sessions on topics such as Al, 3D printing, and collections, and also provided opportunities to collaborate with librarians from across the state. The trip also included a visit to the Sitka Public Library to see their Seed Bank, which is similar to a seed bank the Seward Library is planning to start in the coming month. 50 Seward Harbor/SMIC A reminder to check your vessel(s) regularly. No major incidents have been reported beyond those. Status on leases/Permits - AT&T lease renewal —first draft is still under their review, Jag lease extension is still under their review. One other new lease within SMIC area is being discussed and they are navigating the permitting/paperwork needed to move forward. The 300-ton Travelift saw 13 lifts for the month of March The Uplands bathroom sewer line froze and that facility will be closed until further notice. We will be monitoring that situation on a regular basis and will be open as soon as we can. The new 50-ton Travelift has been shipped and scheduled to be here the week of the April 20th. We will still be doing lifts that week while we put assemble the new machine and disassemble the old machine but on a limited basis. Scheduling for North Dock has been active and looks like a very busy summer for that facility. Community Development Community Development Planning and Zoning Commission The Commission held a regular meeting on Tuesday, April 7. One public hearing was held on the following item: Resolution 2026-003 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to Robert Williams and Travis Maurer for the construction of a seventeen -unit multi -family residential structure, including approval of a building height of up to forty-eight (48) feet, on Tract 5B-2, Forest Acres Subdivision, Seward Gateway Properties, located at 2405 Seward Highway, within an Auto Commercial (AC) zoning district. The outcome was unknown at the time of writing this report. 51 The Commission also selected a Chair and Vice -Chair for the upcoming year. Comprehensive Plan As part of ongoing comprehensive plan outreach, staff met with and interviewed representatives from the Alaska SeaLife Center, Rotary Club, and Clinical Collaborative Group. GIS In partnership with the Seward Arts Council and Seward Mural Society, a City of Seward Mural Story Map was created and published on the City's GIS Portal. Link: Seward, Alaska Mural Tour Staff Activities & Partnerships A tour of the Spring Creek Correctional Center facility was conducted. The department participated in the monthly Seward Prevention Coalition meeting, attended a Rotary Club luncheon, and took part in a childcare focus group facilitated by HYPER. A meeting was held with members of the Seward Arts Council to discuss grant and partnership opportunities for a dedicated performing arts space. Staff joined an initial group discussion facilitated by Council Member Warner regarding the potential development of pre -approved Accessory Dwelling Unit (ADU) plans to streamline housing development. Training was completed on the new Public Records Request process. Other The Kenai Peninsula Borough currently has an opening on the Borough Planning Commission. Residents interested in serving are encouraged to apply. The Planning Commission plays an important role in reviewing land use applications, subdivisions, and zoning matters, and in making recommendations to the Borough Assembly. More information and application materials are available on the Borough's website: https://www.kpb.us/local-governance-and-permitting/leadership-governance/planning- commission/planning-commission-application 52 Fire Department Emergency Responses for the Year 2026: 102 Fire and Life Safety Inspections 2026: 96 Fire & Life Safety Code Violations 2026: 51 Building permits YTD: 10 with a valuation of $792,760 On March 25th we were dispatched to the freight dock for a person who "fell". Upon arrival, crews found the 62-year-old male in cardiac arrest and began high-performance CPR and delivered a shock. After 4 rounds of CPR the patient regained a pulse and breathing. The patient ended up at Providence Anchorage and after open heart surgery is expected to make a full recovery! Kudos to our team: Lt Woodard, Firefighters W. &J. Rogers, Lyons, Harrington, and FM Mallory. Also, thanks to the Longshoremen who assisted us in moving the patient with their equipment. Congratulations to Katrina Rix and Anna Milligan for passing their AEMT (Advanced EMT) testing! We provided First Aid to the Native Youth Olympic Games 4/3-4/5. 53 �r,oRA *� ATMOSPHERIC ADMINISTRATION NATIONAL OCEANIC AND `II TELL Sl�%TCS DE PAR TMENT o COh1MC RC C Contact: Aviva Braun 907-266-5117 FOR IMMEDIATE RELEASE March 13, 2026 Seward Renews its National Weather Service TsunamiReady and StormReady Community Certification National Weather Service officials have recognized Seward as a newly recertified TsunamiReady® and StormReady® Community. The TsunamiReady program helps community leaders and residents better prepare for tsunami impacts and flooding, whereas the StormReady program helps communities develop plans to handle all types of extreme weather —from strong winds to winter storms. TsunamiReady and StormReady communities have made a strong commitment to implement the infrastructure and systems needed to save lives and protect property when tsunamis occur and to protect communities from the onslaught of severe weather through advanced planning, education and awareness. Both TsunamiReady and StormReady certification are voluntary community recognition programs that promote hazard preparedness as an active collaboration among federal, state/territorial and local emergency management agencies, community leaders and the public. The main goal of the program is to improve public safety before, during and after tsunami and weather- related emergencies. Established in 2001 and 1999 respectively, TsunamiReady and StormReady certification helps communities minimize the risks through better risk assessment, planning, education and warning communications. To be recognized as TsunamiReady and StormReady, a community must maintain a 24-hour warning point and support emergency operations center operations; define tsunami hazard zones, produce evacuation maps and install evacuation route signs; support ongoing and sustained public education and outreach, including to schools in tsunami hazard zones; support more than one way of receiving warnings and alerting the public; and develop a formal emergency operations plan and hold annual exercises. Both recognition programs are valid for four years and can be renewed. NOAA's National Weather Service is the primary source of weather data, forecasts and warnings for the United States and its territories. The National Weather Service operates the most advanced weather and flood warning and forecast system in the world, helping to protect lives and property and enhance the national economy. Working with partners, the National Weather Service is building a Weather -Ready Nation to support community resilience in the face of increasing vulnerability to extreme weather. Visit us online at weather.gov and on social media platforms including Facebook and Twitter. ### TsunamiReady® and StormReady° are registered trademark used by the National Oceanic and Atmospheric Administration. 54 March 13, 2026 Chief Clinton Crites PO Box 167 Seward, AK 99664 Dear Chief Crites, orm NATIONAL WEATHER SERVICEI teady TUiThThiRead NATIONAL %WEATHER SERVICE On behalf of the TsunamiReady and StormReady Advisory Board, I would like to congratulate you on Seward's TsunamiReady and StormReady recognition. This success is clearly a result of your continued vision, leadership, hard work and commitment to the citizens of Seward. The citizens should take great pride and comfort in having achieved this status. Seward's current TsunamiReady and StormReady recognition is valid for four years. The recognition will expire in 2030. I recommend Seward apply for renewed recognition at least six months prior to that date. As a TsunamiReady and StormReady community, Seward is authorized to use both the TsunamiReady and StormReady logos in official letterheads, brochures, or other suitable documents. You can find a digital copy of these logos attached to the email with your signed applications. If you use the logos in any way, please send the National Weather Service a copy or description of how it was used. The TsunamiReady and StormReady Community logos are trademarked and subject to certain restrictions, which require the National Weather Service to monitor its use. You are also authorized to purchase additional TsunamiReady and StormReady Community signs if you choose. Signs can be purchased for about $40 each from Oklahoma Correctional Industries by calling 405-962-7007. Finally, if Seward participates in the National Flood Insurance Program, it is eligible for additional ISO community rating system points. I recommend the TsunamiReady and StormReady Community information be supplied to appropriate officials during the next ISO rating, if appropriate. Congratulations again, on this achievement. The National Weather Service is proud to have you as a part of the growing TsunamiReady and StormReady family! Visit the TsunamiReady or StormReady Websites to see Seward on the map and read the latest information. Sincerely, Cam, Braun Aviva Braun Noelle Runyan Warning Coordination Meteorologist Meteorologist in Charge 55 National Weather Service Anchorage, Alaska Weather Forecast Office -w's Certflcate ofRgcognition Seward, Alaska is recognized as a TsunamiReady & StormReady Community For improving the timeliness and effectiveness of hazardous weather and tsunami warnings for the public through a diligent and proactive approach of increased communication and preparedness. Aviva Braun Warning Coordination Meteorologist 56 Valid: 2026-2030pr4b Clerk Report City Council approved Resolution 2026-028 Authorizing the City Manager to Support Funding of the Obihiro Exchange Program for a Group of Four Students to Travel to Japan by Providing $3,000 per Student for Roundtrip Airfare for a Total of $12,000 SISTER CITY OBIHIRO, JAPAN Student Exchange WHEN Aug 1- Aug 19, 1026 WHERE JAPAN TRAVEL • • --. I �. I 1 • Obihiro Application and information can be found at City Clerk's Office, City Website, High School Counselor or email Jodi Kurtz atficartz@cityofseward.net httpsJlwww.cityofseward. uslgovernmentfclty-council! international -relationships CURRE NT '25-26 FRESHMEN, SOPHOMORES AND JUNIORS Limit of 4 students APPLICATION DEADLINE Wednesday, pril 15 202147 TURN IN AT CITY HALL 410 Adams Street 2" Floor — Clerk's Office ACTIVITIES/ EXPERIENCE Japanese Food, Culture, Obihiro Shrine, Heigen Festival, Ohon Dance Boni Horse Racing, Tea Ceremony, Location Obihiro is located on the northernmost island of Japan, called Hokkaido 57 MCS MUNSON, CACCIOLA & SEVERIN, LLP April 9, 2026 Seward City Council City of Seward PO Box 167 Seward, AK 99664 2026. Re: March Status Report This is our status report covering activity on legal matters worked on during March General Matters: We provided guidance to the Clerk regarding public records. We also advised regarding business license requirements for businesses that operate on a short-term basis. We provided guidance on an ordinance related to marijuana. We assisted on drafting a power of attorney for the Fire Department. We advised the police regarding towing and impound. We reviewed and drafted necessary documents for the harbor improvement bonds. Electric Utility: The Railbelt Transmission Organization (RTO) hearing is complete after three weeks and substantial testimony by many witnesses, including Mr. Bickling and Mr. Geffert on the City's behalf. Closing arguments were heard in the middle of March. We are awaiting an order from the Regulatory Commission of Alaska (RCA), anticipated June 4. The City had three primary issues in the docket. The RCA's order on June 4 could resolve all of them or could introduce intermediate steps towards resolution. While the pending order will be substantial due to the initial nature of the tariff filing, it will be the first step of many in standing up the RTO as a functioning entity. We continue to assist the City and its employees participating in the RTO's ongoing efforts. We continue to help the City in advancing its interest in hydroelectric projects as a future power source for the City including reviewing draft filing, providing legal research, and advising on permitting processes. We also continue to assist the City in analyzing the future of the Electric Utility based on town hall discussions and through conducting follow-up legal research from the options explored in those meetings. Planning: We provided guidance regarding the marijuana ordinance, subdivision code amendments, water utility requirements for subdivided lots, and a land transaction in the cemetery. 58 Personnel: We continued to advise on confidential personnel questions as they arose. Seward has been fortunate lately to require little of our attention on personnel matters. This month saw a modest uptick with a couple of specific matters. Port and Harbor: We provided guidance regarding leasing dock space to the US Coast Guard, guidance for a cell tower lease, and guidance on tideland lease questions for other entities. You can expect to receive our next status report in early May. Very truly yours, MUNSON, CACCIOLA & SEVERIN LLP Samuel C. Severin 59 RESOLUTION 2026-034 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS FOR CONVEYING A PORTION OF CITY CEMETERY PROPERTY TO THE QUTEKCAK NATIVE TRIBE Documents: • Agenda Statement • Resolution 2026-034 • Attachments: o Jesse Lee Cemetery Proposed Outline 60 City Council Agenda Statement Meeting Date: April 13, 2026 To: City Council From: Kat Sorensen, City Manager Subject: Resolution 2026-034: Authorizing the City Manager to Negotiate the Terms for Conveying a Portion of City Cemetery Property to the Qutekcak Native Tribe Background and justification: The Jesse Lee Cemetery is located within the City of Seward cemetery reserve and is currently owned by the City. The site contains historic burials associated with the former Jesse Lee Home, an orphanage that operated in Seward from the 1920s through the 1960s. Over time, portions of the cemetery have become overgrown and have not been actively maintained by the City. In recent years, the Qutekcak Native Tribe has undertaken significant voluntary efforts to research, restore, and preserve the cemetery. These efforts have included historical research to identify individuals associated with the Jesse Lee Home, clearing vegetation and debris from the cemetery grounds, identifying grave locations, and conducting site investigations using technologies such as LiDAR and ground -penetrating radar to better understand the location of burial features. The Tribe has also begun planning for long-term preservation of the site and development of a memorial to honor the individuals buried there. Following discussions between City staff and representatives of the Qutekcak Native Tribe, staff presented the concept of conveying the portion of the cemetery containing these historic burials to the Tribe for continued stewardship and preservation. On March 9, 2026, the Seward City Council discussed the concept and provided direction to staff to pursue preparation of a resolution that would authorize conveyance of the property. Historically, the Seward cemetery reserve has included sections owned and maintained by community and fraternal organizations, including the American Legion, the Masonic Lodge, and the Pioneers of Alaska. The proposed conveyance would be consistent with this longstanding pattern of shared stewardship within the cemetery reserve. Conveying the property to the Qutekcak Native Tribe would allow the Tribe to continue its ongoing restoration and preservation work while ensuring long-term care and cultural stewardship of this historically significant burial site. Adoption of this resolution would provide staff direction to begin the process necessary to pursue conveyance of the property, including preparation of a subdivision plat and coordination with the Kenai Peninsula Borough platting process. Final conveyance of the property would occur at a later date and would require City Council approval of the associated plat and any subsequent documents necessary to complete the transfer. 61 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Vol 1, Chapter 3.9 Quality of Life • 3.9.1.2 Encourage the recognition, rehabilitation, and preservation of prehistoric and historic sites, transportation routes, trails, buildings, objects and artifacts. Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in the amount of: Creates a savings in the amount of: Has no fiscal impact x Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable x Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Finance Director Signature: n/a Attorne Review x Yes Attorney Signature: Not applicable Comments: Administration Recommendation Adopt Resolution Other: 62 Sponsored by: Sorensen Public Hearing: April 13, 2026 CITY OF SEWARD, ALASKA RESOLUTION 2026-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS FOR CONVEYING A PORTION OF CITY CEMETERY PROPERTY TO THE QUTEKCAK NATIVE TRIBE WHEREAS, the Jesse Lee Cemetery is located within the City of Seward cemetery reserve and is currently owned by the City, and the site contains historic burials associated with the former Jesse Lee Home, an orphanage that operated in Seward from the 1920s through the 1960s; and WHEREAS, over time portions of the cemetery have become overgrown and have not been actively maintained by the City; and WHEREAS, the Qutekcak Native Tribe has undertaken significant voluntary efforts in recent years to research, restore, and preserve the cemetery, including historical research, clearing vegetation and debris, identifying grave locations, and conducting site investigations to better understand the location of burial features; and WHEREAS, the Qutekcak Native Tribe has also begun planning for the long-term preservation of the site and development of a memorial to honor the individuals buried there; and WHEREAS, following discussions between City staff and representatives of the Qutekcak Native Tribe, the concept of conveying the portion of the cemetery containing these historic burials to the Tribe for continued stewardship and preservation was presented to the Seward City Council; and WHEREAS, on March 9, 2026, the Seward City Council discussed the concept and provided direction to staff to pursue preparation of a resolution authorizing the City Manager to begin the process necessary to convey the property; and WHEREAS, historically the Seward cemetery reserve has included sections owned and maintained by community and fraternal organizations, including the American Legion, the Masonic Lodge, and the Pioneers of Alaska, and the proposed conveyance would be consistent with this longstanding pattern of shared stewardship within the cemetery reserve; and WHEREAS, authorizing the City Manager to begin the conveyance process will allow staff to pursue preparation of a subdivision plat and coordinate with the Kenai Peninsula Borough platting process, with final conveyance of the property subject to future City Council approval. 63 CITY OF SEWARD, ALASKA RESOLUTION 2026-034 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to pursue the conveyance of a portion of City cemetery property to the Qutekcak Native Tribe. Section 2. This resolution shall take effect 30 days after approval. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 13TH DAY OF APRIL 2026. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk Sue McClure, Mayor 64 City of Seward Cemetery 4;f11 [7i3[]1 I]; ;I- • CO U LIDGE DR SAAB a -- -i 00 Yellow = City of Seward cemetery boundaries Red = Proposed area to give to the Qutekcak Tribe to own and manage 65 Icy o,J;:�=P C 66 RESOLUTION 2026-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE AGREEMENT WITH CORDOVA TELECOM COOPERATIVE FOR INSTALLATION OF A HIGH- SPEED SUBMARINE FIBER-OPTIC CABLE ACROSS CITY OWNED TIDELAND ALONG THE WATERFRONT Documents: • Agenda Statement • Resolution 2026-035 • Attachments: o Site Plan o Permit Area 1 and 3 o CTC Lease 67 City Council Agenda Statement Meeting Date: April 13, 2026 To: City Council Through: Kat Sorensen, City Manager From: Tony Sieminski, Harbormaster Subject: Resolution 2026-035: Authorizing the City Manager to Enter into a New Lease Agreement with Cordova Telecom Cooperative for Installation of a High -Speed Submarine Fiber -Optic Cable Across City Owned Tideland Along the Waterfront Background and justification: Cordova Telecom Cooperative (CTC) has requested permission to cross City tideland and uplands with the purpose of constructing, laying and installing a sub -sea fiber-optic cable with the intent to bring broadband internet to Alaska between Cordova and Seward. A single 1.85-inch sub -sea cable will be brought ashore via PVC duct work passing through a buried concrete headwall located at the low water mark; from there proceed up the beach to their proposed beach manhole on the shore where it would make connection. This trench from the low water mark to their beach manhole will measure approximately 3 feet wide and 6 feet deep. The proposed work will be performed using an excavator along with other vehicles while adhering to best management practices, including restoring all disturbed areas. Any backfill needed will use native materials. In addition to the project, a ditch will be excavated using hand tools to lay a terrestrial cable between the new beach manhole and GCI's vault to the north where the cable will proceed underground (Attachment A). This lease agreement was structured on a similar non-exclusive permit area that was used for GCI in 2003, adopted by resolution 2003-111 and in 2006 with Kodiak Kenai Cable Company (KKCC), adopted by resolution 2006-82. GCI has consented, as agreed to within their permit, for the use of permit area 1 and permit area 3 (Attachment B). Any additional permits or rights -of - way needed will be applied for at that time. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: 68 X Total amount of funds listed in this legislation: $ $5,300.00 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): 11000-2000-5000 X Not budgeted Not applicable $ $5,300.00 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Available Fund Balance/Net Position as of 12/31/25 $ 5,553,067.47 Finance Director Signature: X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 69 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE AGREEMENT WITH CORDOVA TELECOM COOPERATIVE FOR INSTALLATION OF A HIGH-SPEED SUBMARINE FIBER-OPTIC CABLE ACROSS CITY OWNED TIDELAND ALONG THE WATERFRONT WHEREAS, Cordova Telecom Cooperative has requested permission to cross the City tideland and upland for the purpose of constructing, laying, and installing a subsea cable between Cordova and Seward; and WHEREAS, this subsea cable would pass through a concrete headwall and continue via PVC duct work up the beach to a beach manhole; and WHEREAS, a terrestrial cable will then connect the beach manhole to the existing GCI vault where it will continue underground; and WHEREAS, best management practices will be used during this project and utilize native materials for any backfill needed; and WHEREAS, this lease was structured on a similar non-exclusive permit area that was used for GCI in 2003 by Resolution 2003-111 and Kodiak Kenai Cable Company in 2006 by Resolution 2006-82 and GCI has agreed to CTC use of permit area; and WHEREAS, the City and GCI have been notified and have agreed to this work as outlined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to enter into a new lease agreement with Cordova Telecom Cooperative (CTC) for the non-exclusive use of permit area 1 and 3 as described within the lease. Section 4. This resolution shall take effect 30 days after approval. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 13T" OF APRIL 2026. Sue McClure, Mayor 70 CITY OF SEWARD, ALASKA RESOLUTION 2026-035 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk 71 National Flood Hazard Layer FIRMette 149°26'24"W 60°619"N *FEMA r • .EP • a • ge City of Seward a'3 ,w1itA OF MINI EPS 021/2[.500 E • + s eft 10/20/2016 `� elk 1 • Zone AE (EL 17 Feet) 1 FL^rtn.L.fA7ARD +...r(� TQ1S RO1W 510 oil .. t 4 L rP 4, 4 aJ •WI • r, s woo • at we 6 me . al al 10212}fLS af,6t. e ff. 10/20/2 016 en ZoneiVE (EL 17 Feet) Zone OPEN WATE J 1:6,000 0 250 500 1,000 1,500 2,000 Feet 149'25'47W 50"621'N Legend SEE FlS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zane A, V. 499 With BFE Or Depth Zone AE AO. AN, VE AR Regulatory Fioodway OTHER AREAS OF FLOOD HAZARD 1 0.296 Annual Chance flood Hazard, Areas of 1% annual chance flood with average depth Tess than one foot or with drainage areas of less than one square mile zone x Future Conditions 1% Annual Chance Flood Hazard zone x 4 Area with Reduced Flood Risk due to Alr Levee. See Notes. zone x Area with Flood Risk due to Leveezone a NO SCREEN Area of Minimal Flood Hazard Zan x f_ 1 Effectwe LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone o GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES 11 I I i l l Levee, Dike, or Floadwull OTHER FEATURES MAP PANELS 9 20.2 Cross Sections with 1% Annual Chance _ME Water Surface Eievation e - - - Coastal Transact op.,— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary --- --- Coastal Transact Baseline Profile Baseline Hydrographic Feature ▪ Digital Data Available • No Digital Data Available Q Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMArs basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on ],'23}2026 at 707 PM and does not reflect changes or amendments subsequent to thls date and time. The NFHL and effective information may change or become superseded by new data over time. This map Image is void if the one or more of the following map elements do not appear basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers. FIRM panel number, and FIRM effective date. Map Images for unmapped and unmodemized areas cannot be used for regulatory purposes. Base p Imagery Source: USGS National Map 2023 FACILITY BMH BMH BMH CORNER NE SE LATITUDE 60.108237 60.108244 60.106228 60.108221 LONGITUDE -149.434763 -149.43471 -149.434702 -149 434755 TIE INTO EXISTING GC! VAULT TEMPORARY CONSTRUCTION AREA FOR TERRESTRIAL AND SUBSEA ACTNITIES FIGURE 2: Plan View Project: FISH in SEAK SFOC Seward Landing Environmental Resources Applicant: Cordova Telecom Cooperative Waterway: Resurrection Bay Proposed Activity: Subsea Cable Landing Section: 10 Township. 01 S Range. 01 W Meridian: Seward Latitude: 60 1083434' Longitude: -149.4347139' Sheet 2 of 3 Date: 2/12/2026 E2USN CONCRETE HEADWALL Proposed Facility TIde Line BMH (6ttLx10ttW) - HTL(13.95ft) Proposed Fiber Optic MHW (9.71 ft) - Terrestrial (Buried) MLLW (0 00 ft) - Subsea NWI Wetland r _I 3-meter Trench Limit Estuarine and Marine Deepwaler (=1 Temporary Construction Area Estuarine and Marine Wetland 73 USS 1116 66.55 J ti Monroe Street USS 726 159.95 USS 1116 16.39 PROPOSED BEACH MANHOLE Belulne Boulevard 29.2 50015001 WO9 USS 7O3 297.62 USS 1118 88.55 USS 726 15995 USS 2830 USS 1116 18.39 4.43 USS 2830 4.43 CONCRETE HEADWALL ATS 174 1330.439 Project Overview FISH in SEAK Subsea Fiber Optic Cable Seward Landing PROPOSED FIBER PATHWAY - TERRESTRIAL - SUBSEA FACILITIES - FACILITIES TIDE LINE - HIGH TIDE LINE 13,95 FT} - MEAN HIGH WATER (9.71 FT) — MEAN LOW LOW WATER 10.00 FT) GRAVEL ROADWAY VEGETATION OWNERSHIP BOUNDARY 1=1 PARCEL BOUNDARYIKPB'p SURVEY TRACT Recording District: Seward Section: 10 Township: 01S Range: 01W Meridian: Seward 'Kenai Peninsula Borough This document contains Client & SGV International LLC confidential information which 1s protected by laws of confidentiality Taking of any action related to the contents for this document without permission or ownership 1s stnctly prohibited. 50 FM 100 Dale: February 2026 O O W L I swo.o 74 lbw* Street 29.2 50015001 W09 USS 703 297-82 PROPOSED BEACH MANHOLE 1OFTHx6.5FTWkIFTD a USS 726 159.95 Fi � USS 1116 US-51116 USS 4.43 66.55 US$ 726 159.95 18.39 L 2830 ATS 174 1330.439 50015001W10 FACILITY CORNER LATITUDE _ LONGITUDE BMH NE 60.108244 -149.43471 BMH NW 60.108237 -149.434763 BMH SE 60.108228 -149.434702 BMH SW 60.108221 -149434755 This document contains Client B SG V International LLC confidential information which is protected by laws of confidentiality. Taking of any action related to the contents for this document, without permission or ownership. is strictly prohibited. Project Detail FISH in SEAK Subsea Fiber Optic Cable Seward Landing PROPOSED FIBER PATHWAY 004 - TRENCHED 41N DUCT WITH — 6 FT OF COVER 006-TRENCHED 21N DUCT WITH ^ 3 FT OF COVER - 100 - SURFACE LAY SFOC FACILITIES PROPOSED BEACH MANHOLE (BMH) WORK AREA TEMPORARY CONSTRUCTION AREA T1DE LINE •• HIGH TIDE LINE (21 19 FT) - MEAN HIGH WATER (15.83FT) — MEAN LOW LOW WATER (0.00 FT) GRAVEL ROADWAY VEGETATION OWNERSHIP BOUNDARY l=1 SURVEY TRACT © PARCEL BOUNDARY(KPB') Recording District: Seward Section: 10 Township: 01S Range: 01 W Meridian: Seward 'Kenai Peninsula Borough 'fhb 0WL f Date: February 2026 SWD-2 75 Monroe Sheet 29.2 s001 soot w09 USS 703 297.62 'PROPOSED BEACH MANHOLE E a USS 72e USS 1118� U55 itFUSS 2830 66.55 18.39 USS 728 159.95 4.43 ATS 174 1330.439 5001S001W10 ATS 174 1330.439 ------- --------- ------------------------- PROPERTY OWNER SURVEY TRACT PATHWAY TYPE PWID LENGTH (FT) ATS 174 SUBSEA 004 69 ATS 174 SUBSEA 100 319 TRACT C SUBSEA 004 115 USRS SOO1S001W SUBSEA 004 115 USS 726 SUBSEA 004 107 USS 726 BURIED 006 69 This document contains Client B SGV International LLC confidential information which is protected by laws of confidentiality Taking of any action related to the contents for this document. without permission or ownership rs stnctly prohibited, Project Ownership FISH in SEAK Subsea Fiber Optic Cable Pelican Landing PROPOSED FtBER PATHWAY _ 004 - TRENCHED 41N DUCT WITH 6 FT OF COVER 006 - TRENCHED 2IN DUCT ▪ WITH 3 FT OF COVER 100 - SURFACE LAY SFOC FACILITIES . FACILITIES WORK AREA j, tt PROPOSED 30 FT EASEMENT TIDE LINE = HIGH TIDE LINE (21.19 FT) + + MEAN HIGH WATER (15.63 FT) MEAN LOW LOW WATER {0.00 F7) GRAVEL ROADWAY VEGETATION OWNERSHIP BOUNDARY 1=1 SURVEY TRACT 0 PARCEL BOUNDARY (KPB ) Recording District: Seward Section: 10 Township: 01 S Range: 01 W Meridian: Seward 'Kenai Peninsula &sough as N HDDWL Sw04 76 F 1 E n c B A 10' za• a-1 4.75' DIA HOLES l 18-374' 2 2X 3' DIATHRU HOLES BOTH SIOE WALLS 12' DIA. SUMP WI COVER PLATE r 4- LAND SIDE ELEVATION LONGMJDINAL ELEVATION NOTES: 1. Shall be constructed of precast concrete and conform to American Association of State Highway and Transportation Officials (AASHTO) H-20 load rating. Any joints shall incorporate a pliable gasket and be watertight in the presence of seawater. The vault system shall have a service life of at least 25 years. 2. The manhole shall be constructed of reinforced concrete using high strength deformed steel bars to A615GR40 and typically be size 1l4. The concrete shall have a minimum compressive strength of 3,500 psi after 28 days. 3. The access manhole cover shall be buried a minimum of 6 inches below finished field grade. A sump depression shall be included in the floor. The BMH shall include a non-conductive ladder integrated into BMH for access. 4. The conduit and BMH interface shall be completely sealed with a pliable caulk compound. 5. The BMH construction and its installation shall also act as an anchor for the sea cable, and shall withstand a sea cable pull of 7,500 lbs. The cable termination shall react against the interior of the north (seaward) wall near the cable penetration on that wall. 6. The working load limit of each pull -in fixture shall be 7,500 pounds. 10 0 3' 3' PLAN VIEW 7' 0' 7-112' 4 75' D A HOLES 7.112' 1.0' DIATHRU HOLE 4.0' FROM EACH WALL 1,0' DIATHRU HOLE 4.0" FROM EACH WALL --3.0.--1 7-1/2' 18' I SIDE ELEVATION R CON U E CONSULTING PIONEER CONSULTING LTD. FISH BEACH MANHOLE DETAILS 1 DRAWN RM CHECKED BP Size C Sheet No. 0001 Rev 1 G F 1 E D APPROVED RM c NTS November 11, 2025 B Sheet 1 of 4 A F 1 E g A OPEN fICKHOLE MANHOLE WITH COVER IN PLACE 2' 4-15/16" r SECTION THRU MANHOLE COVER LOCKING BOLTS MANHOLE WITH COVER REMOVED PIONEER CONSULTING PIONEER CONSULTING LTD. FISH BMH COVER DETAILS DRAWN RM CHECKED BP Size C Sheet No. 0002 Rev. 1 H 1 i F 1 E 718 D APPROVED RM c November 11, 2025 B Sheet 2 of 4 A T) 0 A 17 10' 1 r 74" • 20" 74. LAND SIDE ELEVATION LONGITUDINAL ELEVATION 6 r 1' 6 5J16" J 10" �_ ar LADDER DETAIL SEE SHEET,' PLAN VIEW i SEE DETAIL'A' THLS SHEET BEACH SIDE ELEVATION ; rMl."a1►vwLm NMI PADIJI OF PON NU PULLP01111111011 ransom L-1_ DETAIL "A" PULLING -IN IRON Alb PIONEER CONSULTING ale PIONEER CONSULTING LTD. FISH BMH RACKING DETAILS DRAWN RM CHECKED BP Size C Sheet No. 0003 Rev 1 H G F I E 9 D APPROVED RM C NTS November 11, 2025 B Sheet 3 of 4 A H 1 G E F E A 112 X 1-314" MACHINE BOLT WIWASHER & NUT (TYP.2) SEE DETAIL "A" 0' 7-112' r 0' 7-112' 4.112- 1' 8- 4-1112` , 3• REINFORCING BAR 1/2" THREADED CONCRETE INSERT CONCRETE INSERT DETAIL "A" 112" x 2112" MACHINE BOLT 4 1 /2" TYP. CABLE RACK SUPPORT BRACKET PIONEER CONSULTING PIONEER CONSULTING LTD. FISH BMH RACKING DETAILS DRAWN RM CHECKED BP Size C Sheet No. 0004 Rev 1 H G I F E D APPROVED RM c November 11, 2025 B Sheet 4 of 4 A H 1 G 1 F 1 E A 42" Q 0 w 13" -« ., 13" . 10" 0 0. 10" 66" 2x 4 1/16" DIA THRU HOLES 10' 20" 40' ECIMILLOMILAIMENKI. R CONSULTING PIONEER CONSULTING LTD. FISH SEWARD HEADWALL DRAWN RM CHECKED BP Size C Sheet No. 0001 Rev 1 H G I F E 1 D APPROVED RM G November 26, 2025 B Sheet 2 of 4 A r r Map 67. Waterfront Tracts - North Legend City Property 'Parcels show;ig parcel ID number are in Ms map group All Others - City Sewer - City Water n 0 70 140 feet A I i I 150 82 LEASE AGREEMENT between CITY OF SEWARD, ALASKA and CORDOVA TELECOM COOPERATIVE, INCORPORATED Effective Date: [ ], 2026 83 TABLE OF CONTENTS ARTICLE 1- LEASED LAND 1 1.1 Description of Leased Land 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title 2 1.3 Property Accepted 2 1.4 Permits 3 1.5 Platting 3 1.6 Development of Leased Land.. 3 ARTICLE 2 - LEASE TERM 3 2.1 Lease Tern 3 ARTICLE 3 - RENTAL RATE 5 3.1 Initial Rental Rate 5 3.2 Rental Adjustments 4 3:3 Procedure for Rental Adjustment 4 3.4 Effect of Late Appraisal by CITY 6 3.5 Appraisal by LESSEE 5 3.6 Effective Date of Adjusted Rental Rate 5 3.7 Interim Rental Adjustments 5 3.8 Late Payment Charge 6 ARTICLE 4 - USE OF LEASED LAND 6 4.1 Use of Leased Land 6 4.2 Obligations of LESSEE 6 4.3 Use of the Dock 7 4.4 No Preferential Rights to Use Public Facilities 8 4.5 Adequacy of Public Facilities 8 4.6 Tarifs and Other Service Fees 8 4.7 Time for Payment of Utilities and Taxes 8 4.8 Other Uses 8 4.9 Use of Public Docks and Port Facilities 8 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 9 5.1 Utilities 9 5.2 Third -Party Improvements 9 5.3 Easements 10 ARTICLE 6 - CONSTRUCTION BY LESSEE 10 6.1 Improvements on Leased Land 10 6.2 City Review of Construction 11 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 11 7.1 Return of Leased Land in Original Condition 11 7.2 Return of Leased Land in Different Condition 12 i 84 ARTICLE 11 • FORCE MAJEURE . 12 ARTICLE 9 - LESSEES SEE' ACTS OF DEFAULT 12 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE 15 ARTICLE 11- TITLE TO IMPROVEMENTS INSTALLED BY I.F. SEE . 17 11.1 Real Property Improvements .,.,.,............,.......... 17 11.2 Personal Property 17 ARTICLE 12 - ASSIGNMENT OR SUBLEASE.,,...,, 17 12.1 Assignment of Lease or Subleasing 17 12.2 Assignment of lease for Seerurity 17 12.3 A.sigrrrrx rnr ro Affiliate - 1 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY ..- 18 ARTICLE 14 - CITY'S DUTY TO DEFEI'UI1NDEMNIFY 18 ARTICLE 15 - INSURANCE .....19 15.1 Mirrirmon insurance Requirements . -- 19 15.2 Suhrrrgarrrux Rights- Waived 20 ARTICLE 16 - CONDEMNATION 20 ARTICLE; 17 - ARBITRATION 21 17,1 Arbirrarinn ...,,...21 ARTICLE 18 - MAINTENANCE ANI) REPAIRS 20 18.1 Normal Maintenance 20 18,2 Safety Issues 20 18,3 Cost of Repairs. 21 ARTICLE 19 - ENVIRONMENTAL CONCERNS 21 19,1 Hazardous Materials 23 19.2 Permits and Reporting 26 ARTICLE 20 - ESTOPPEL CERTIFICATES 24 ARTICLE 21- CONDITIONS AND COVENANTS...,.. .,-- -27 ARTICLE 22 - NO WAIVER OF BREACH 27 ARTICLE 23 - TIME OF TI[E ESSENCE 27 ARTICLE 24 - C'O141PI!TATION OF TIME 27 ARTICLE 25 - SUCCESSORS IN INTEREST 27 ARTICLE 26 - ENTIRE AGREEMENT 28 ARTICLE 27 - GOVERNING LAW 28 ARTICLE 28 - PARTIAL INVALIDITY .28 ARTICLE 2 - RELATIONSHIP OF PARTIES .28 ARTIC1.I 30 - INTERPRETATION .-. ...,..... .28 ARTICLE31 - CAPTIONS 28 ARTICLE 32 - AMENDMENT 29 ARTICLE 33 - NOTICES - 29 f; 85 THIS LEASE AGREEMENT (the "Lease") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and CORDOVA TELECOM COOPERATIVE, INCORPORATED, ("LESSEE" or "CTC") an Alaska COOP Electric and Telephone company, whose address is P.O. Box 459, Cordova, Alaska 99503. 2702 Denali Street, Suite 100, Anchorage, Alaska 99503. WHEREAS, the CITY currently owns or controls real property, which would give LESSEE permission to cross City land for the purpose of constructing, laying, operating, maintaining, replacing and removing fiber optic cables and incidental improvements; and WHEREAS, the permission granted by the City applies to City land described in the attached Lease Agreement without substantially limiting the CITY's current and future use of the property; and WHEREAS, the Lease area covers substantially the same non-exclusive area as for GCI Communication Cop ("GCI") 2003 Permit and GCI has consented to KKCC's 2006 permit and now Cordova Telecom Cooperative's ("CTC") similar location; and WHEREAS, the CITY would benefit from the periodic quarterly payments from LESSEE; and WHEREAS, the City and CTC agree to the terms and conditions as outlined in the attached Lease Agreement. WHEREAS, this lease is authorized by Resolution NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1- LEASED LAND 1.l Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: That portion of Tract D and Tract A of Plat 2012-04, Seward Recording District, Third Judicial District, State of Alaska, located in Township 1 South, Range 1 West, Section 10, Seward Meridian and more particularly described as follows: 1 86 CTC (& GCI) Area 1 (in Parcel #14734001): An area twenty feet wide, ten feet each side of the following described line: Commencing RM 7 of ATS 174 traverse South 37'32'43" East a distance of 293.03 feet to a point; Thence North 78'38'57" East, a distance of 115.26 feet to line of Mean High Water and the TRUE POINT OF BEGINNING; Thence continuing North 78'38'57" East, a distance of 445.15 feet to the line of ATS 174 Director's Line. Said Area 1 contains 8,903 square feet of 0.20 acres, more or less. CTC (& GCI) Area 3 (in Parcel #14734004): An area twenty feet wide, ten feet each side of the following described line: Commencing RM 7 of ATS 174 traverse South 37'32'43" East a distance of 293.03 feet to a point; Thence North 78'38'57" East, a distance of 82.96 feet to the TRUE POINT OF BEGINNING; Thence continuing North 78°38'57" East, a distance of 32.27 feet to the line of Mean High Water. Said Area 3 contains 645 square feet or 0.015 acres, more or less. CTC Area 4 (in Parcel #14734004) An area twenty feet wide, ten feet on each side of the line fixed by an as -built, amended to this lease after approval, and anticipated to be approximately 500 feet long. Said Area 4 contains approximately 10,000 square feet or 0.23 acres. Temporary Construction Area An area 100 feet around the Cable and associated infrastructure (i.e., beach manhole and vault) as depicted in the drawing labeled Seward Staking Sheet Rev. 2 (12/31/2025) by SGV International. Said Temporary Construction Area contains approximately 146,000 square feet or 3.35 acres. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed 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 for the full term of this Lease. 1.3 Property Accepted 'As -is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1. 1.4 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re -zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this Lease. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.5 Platting. If LESSEE requests a replat of the Leased Land, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. In the event 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 required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. 3 88 1.6 Development of Leased Land. The intent of this Lease is for LESSEE to install, operate, maintain, and remove one or more telecommunication cables and any reasonable and incidental improvements thereto ("Cable"), together with the right of ingress to and egress across adjacent property, including tidelands, owned or controlled by the City. LESSEE understands that operation of its telecommunication business is a major consideration for the CITY's agreement to lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Leased Land or surrounding property. b) In accordance with the provisions of Article 12, no assignment or sublease shall be permitted, unless approved in writing by CITY. 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 result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's management of its property. ARTICLE 2 - LEASE TERM 2.1 Lease Term. The term of this Lease (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2026- (the "Resolution"). The Lease Term shall commence on the date this Lease is signed by CITY and that date shall be the effective date of this Lease (the "Effective Date"). The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on December 31, 2046. LESSEE shall have the right to extend the term of this Lease for two additional 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 then current lease term; b) LESSEE is not in default under any term or provision of this Lease; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this Lease. 2.2 Temporary Construction Area. Due to the heavy congestion between May and September with local residents and visitors, LESSEE should schedule construction in the bordering months or the off-season when possible. If LESSEE needs to perform construction between May and September, LESSEE must submit a proposed schedule identifying major construction elements and a mitigation plan that maximizes public use of the area except as necessary. The temporary construction area authorization expires no later than two calendar years after the lease is executed. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this Lease through June 30, 2030, the base rental rate is $5,300.00 per year. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20, and October 20. The amount of each quarterly payment shall be one - quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. (a)Annual CPI Adjustment. Between the 5-year appraisal rental adjustments, the annual rental rate will be adjusted by the Consumer Price Index. (b) 5 year Appraisal Adjustment. The 5-year rental payment shall be adjusted on July I, 2030, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for 5-year Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this Lease). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the applicable Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this Lease. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual 91 rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this Lease. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CLTY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone 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 question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2027 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be reasonably necessary, in the C1TY's sole discretion, to accomplish as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is Tess, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. LESSEE may only use the Leased Land for telecommunication purposes and uses necessary and incidental thereto, and such use has been determined by the City Council of CITY to be in the public interest. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this Lease or in better condition upon termination of this Lease. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this Lease. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This lease does not grant to LESSEE any exclusive rights to use any public facilities. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this Lease and improvements li 93 thereon, if any, before such obligations become delinquent; provided that LESSEE may, in good faith and before such delinquency, contest any such charge 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 Special conditions. a) Construction plans. Prior to commencing any work on or in the Leased Land, LESSEE must submit to the CITY —for prior approval, which may not be unreasonably withheld —a detailed construction plan for installation for the Cable and plan or restoration of any property effected, in and out of the Leased Land, following construction and installation of the Cable. Such plans must include, but are not limited to, locates for GCI infrastructure, cable marking (signage), erosion control, and habitat and shoreline protection measures. Depth of the Cable, encasement and fill must meet or exceed industry standards. b) As -built survey. Within one hundred eighty (180) days from the date of construction LESSEE, at its sole cost, will deliver to the City an as-bult survey of the Leased Land in recordable form, prepared by a registered land surveyor. c) Locates. Above mean low water, LESSEE will provide Cable locates (i) on an on - call basis for emergency situations, and (ii) within 48 hours as specified in state utility law for all other locates requested by the City. Below mean low water, LESSEE will provide a locate within 15 days after notice to LESSEE or at a mutually agreeable time. d) Coordination of Activities with GCI i. GCI utility easement. In the Leased Land and in Area 2, another telecommunication company, GCI, has a utility easement for cable and associated infrastructure. LESSEE agrees to coordinate all excavation work and placement of any Cable related infrastructure with GCI so as not to interfere with GCI. If there is a conflict between GCI and LESSEE, LESSEE's rights are subordinate to GCI's unless federal or state law expressly dictates otherwise. ii. General notice. Except in emergencies, LESSEE must provide the CITY at least five (5) days prior written notice to the CITY and GCI of its intent 9 94 to enter upon CITY property to commence any construction, removal, or excavation related to the Cable. Emergency. In the event of an emergency (including, without limitation, periods during which the Cable is out of service) LESSEE may immediately act to enter upon the CITY property and the Leased Land to take all necessary and reasonable steps to address the emergency. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS .1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance with CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 10 95 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this Lease covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this Lease for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefore, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period), third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable, or required that street, railroad, water, sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this Lease, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE'S operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. 11 96 ARTICLE 6 - CONSTRUCTION BY LESSEE tx_ 1 Improvements an Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility for any improvements constructed or effected by LESSEE on the Leased Land. 12 97 g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights -of -way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Upon termination of this Lease for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement of this Lease, subject to normal, non -abusive use. However, upon request by the LESSEE and written consent of the CITY, the LESSEE may leave the Cable in place considering any subsequent Cable removal costs are fully paid by the LESSEE. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this Lease. 7.2 Return of Leased Land in Different Condition. Notwithstanding the provisions of Section 7.1 above, upon termination of this Lease for any reason LESSEE may return the Leased Land in a re -contoured or graded clean, safe and stable condition different from its original condition provided CITY grants written approval of LESSEE's plans for development of the Leased Land contours, including its plans for material extraction and final grade. 98 ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this Lease due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this Lease and the terms "acts of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this Lease. 9.2 Failure by LESSEE to comply with Section 4.1 of this Lease. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this Lease, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government 14 99 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 violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE'S personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this Lease terminated; 15 100 b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this Lease be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this Lease. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any mariner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this Lease shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this Lease. 10.6 Each right and remedy of CITY provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this Lease or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11- TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this Lease has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the Lease are personal to LESSEE, and CITY has granted the Lease in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this Lease without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY 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 undcr this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE 17 102 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 payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEES obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify, and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND CITY shall defend and hold LESSEE, its officials, employees, agents, and contractors harmless from any and all liability or claims for damages, including personal injuries, death, and 103 property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability insurance with limits of liability of not Tess than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this Lease and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this Lease. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be 19 104 desired. The minimum insurance requirements under this Lease shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this Lease or the Leased Land. 15.2 Subrogation Rights Waived. LESSEE agrees that its policies of insurance will include a waiver of subrogation clause or endorsement releasing 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 through or under LESSEE by way of subrogation or otherwise, for any Toss 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 in full force and effect with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this Lease), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEES leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this Lease shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration 105 of the term of this Lease. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this Lease that cannot be resolved by the parties, may be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.300 et. ems.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Either party may submit to the other party a request for arbitration or the party receiving a request shall have twenty (20) days to consent, in writing, to the use of arbitration to resolve the dispute. Failure of either party to consent will preclude the use of arbitration for that dispute. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attomey's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this Lease, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c) Arbitration of any dispute or claim shall be determined 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 (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. 21 106 d) Arbitration hearings shall be conducted in Anchorage, Alaska, or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, (i) the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 - MAINTENANCE AND REPAIRS 18. 1 Normal Maintenance. During the entire term of this Lease and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non -abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage 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 performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing 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 cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose Li 107 of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair, then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary, then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed 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 citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this Lease. b) Release of CITY. Any other provision of this Lease to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising during and after the term of this Lease, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE, or arising out of or resulting from LESSEE's operations at the Leased Land except for those claims arising out of CLTY's sole negligence or intentional misconduct. LESSEE is not responsible for any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising before or after the term of this Lease, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by any party other than LESSEE or any of its employees, agents, subtenants, invitees, contractors, subcontractors, or authorized representatives. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this Lease to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, 109 settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to the following conditions caused or permitted by LESSEE or any of its employees, agents, subtenants, invitees, contractors, subcontractors, or authorized representatives during the Lease Tenn: i) The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur during the term of this Lease; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this Lease, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this Lease, the term Hazardous Material includes, without limitation, petroleum, including 25 110 g) crude oil or any fraction thereof, petroleum -soaked absorbent material, and other petroleum wastes. Environmental Law Defined. As used in this Lease, Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation relating to LESSEE'S use of the Leased Land. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this Lease. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this Lease. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this Lease is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21- CONDITIONS AND COVENANTS All the provisions of this Lease shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this Lease, but each and every term, covenant, and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this Lease and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this Lease is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday, recognized by the State of Alaska, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms, covenants, and conditions in this Lease shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. 25.1 Each and all of the terms, covenants, and conditions in this Lease shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. 25.2 Notwithstanding Section 25.1, the parties recognize that this Lease has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the Lease are personal to LESSEE, and CITY has granted the Lease in reliance upon the individual character and financial 27 112 capability of LESSEE. Therefore, if LESSEE or an interested, partial owner of LESSEE, transfers a majority interest to a successor in interest (i) LESSEE will notify CITY of such transfer and (ii) if transfer occurs without the CITY's prior written consent, the CITY, in CITY's sole discretion, may elect to terminate this Lease. ARTICLE 26 - ENTIRE AGREEMENT This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease, and no other agreement, statement, or promise made by any party which is not contained in this Lease shall be binding or valid. ARTICLE 27 - GOVERNING LAW This Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this Lease are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this Lease, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 - PARTIAL INVALIDITY If any provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership 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 CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30- 1NTERPRETATION The language in all parts of this Lease shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this Lease. ARTICLE 31- CAPTIONS 28 113 Captions of the articles, paragraphs, and subparagraphs of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Lease. ARTICLE 32 - AMENDMENT This Lease is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box l67 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Cordova Telecom Coop P.O. Box 459 Cordova, AK 99503 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - Reserved IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. 29 114 CITY: LESSEE: CITY OF SEWARD CORDOVA TELECOM COOPERATIVE, INCORPORATED By: Kathleen Sorensen, City Manager By: Date: Name: -�=f «--L�c.�` ATTEST: Kris Peck City Clerk STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT Title: C E-C) Date: 3 3 L` )?- THIS IS TO CERTIFY that on this day of , 2026, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Kathleen Sorensen, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the corporation for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: 30 115 STATE O� �F" Akr -Y.s- ) �l1�YP1 314#4, P�' V Vl ►t- ) ss. COUNTY OF G‘{W.VCV % ) THIS IS TO CERTIFY that on this day of undersig ed a Notary Public in and for the State of 0Jtje (Awl (4 okn to me and to me known to be the l'>_ , 2026, before me, the , personally appeared by of Cordova Telecom Cooperative, Incorporated, who executed the foregoing document on behalf of said corporation, and is authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the corporation for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. LISA KOKER N$$ary Pvt,lic State of Aiaska My Cornrnission Expijes Oct 17, 2029 t r ernr.Tr "9,,p`sysx! 21". 31 Notary Public in and for - My Commission Expires: IUk l 2roLA 116 City Council Agenda Statement Meeting Date: April 13, 2026 To: City Council From: Council Member Warner Subject: Discussion Item — Development of a Pre -Approved Accessory Dwelling Unit (ADU) and Small Housing Design Program for the City of Seward Background and justification: In April 2025 the Seward City Council adopted Ordinance 2025-007, amending Seward City Code to modernize the definition of accessory dwelling units and allow both attached and detached ADUs in all residential zoning districts. These changes removed previous restrictions that limited accessory units to a single habitable room and required them to be attached to the primary dwelling. The updated ordinance now allows more flexible housing options including detached ADUs and converted accessory structures while maintaining requirements that ADUs remain subordinate in size to the primary dwelling. In February 2026 the Seward City Council adopted Ordinance 2026-002, amending parking requirements within Title 15. These changes reduced barriers to development by eliminating minimum parking requirements for most land uses while retaining minimum parking standards for residential dwellings. The ordinance recognized that rigid parking requirements can increase construction costs, consume valuable land area, and limit design flexibility, particularly for infill development on smaller parcels. Together, these recent code amendments create a regulatory environment that supports incremental housing development and infill housing opportunities throughout the community. Accessory dwelling units are widely recognized as an effective tool for expanding housing supply, providing flexible living arrangements for family members, and creating smaller housing options for workforce residents, young families, and seniors. The Seward Comprehensive Plan identifies the need to expand opportunities for diverse year round housing and encourages policies that support infill development within established areas of the community. Relevant policies include: • Comprehensive Plan Vol. 1 Chapter 2.2.11 Economic Base — Promote infill development by encouraging construction on vacant or underutilized sites in established areas of the city. • Comprehensive Plan Vol. 1 Chapter 3.2.1.2 Land Use — Expand opportunities for affordable, diverse, year round housing through appropriate land use regulations. • Comprehensive Plan Vol. 1 Chapter 3.3.1.1 Housing — Support a range of housing choices that 117 Warner ADU Discussion Item meet the needs of people in various income levels and stages of life. One additional step that could support these Comprehensive Plan goals would be the creation of a catalog of preapproved small housing and accessory dwelling unit designs similar to a program recently launched by the Municipality of Anchorage. Anchorage has developed a set of architects designed accessory dwelling unit plans that are pre reviewed for code compliance and made available to the public at no cost. Property owners may select one of these preapproved plans, complete a simplified permitting process, and move directly into construction once zoning and site conditions are verified. Developing a similar program in Seward could significantly reduce the cost and complexity associated with designing and permitting small housing units. Architectural design costs can be a barrier for property owners who may otherwise be interested in constructing an accessory dwelling unit or small housing unit. A catalog of preapproved plans could provide residents with clear code compliant options that are already reviewed for structural design, building code compliance, and typical site conditions. Potential deliverables for a Seward program could include several standardized housing designs such as a small, detached backyard cottage or a garage apartment style accessory dwelling unit. These designs could include floor plans, structural drawings, and general materials lists that meet local building code requirements and typical snow load conditions for Southcentral Alaska. Once reviewed by the City's building department, these designs could be made available to residents through the City website along with a simplified permit checklist. The purpose of this agenda item is to initiate a discussion with City Council and administration regarding the feasibility of developing a preapproved accessory dwelling unit and small housing design program for Seward. Council direction would assist staff in determining the administrative steps required to explore development of a plan catalog, review permitting considerations, and evaluate potential implementation options. Supporting small scale housing development through preapproved designs would advance the Comprehensive Plan housing goals by expanding housing diversity, encouraging infill development, and supporting a stable year round community by making smaller housing options more attainable for residents. 118 Warner ADU Discussion Item l` ALASKA PUBLIC MEDIA -- (PBS Ern Anchorage develops preapproved designs for tiny homes and other ADUs Alaska Public Media I By Hannah Flor Published March 12, 2026 at 10:08 AM AKDT x in Municipality of Anchorage A rendering of the Williwaw ADU, an 811 square foot, one -bedroom apartment over a two -car garage. The design is the first of several that will be available to Anchorage residents, free of charge. A new program in Anchorage aims to make it easier for people to build new pality launched the first of other accessory dwelling units. The designs will be available to residents for free. Alaska Public Media / KSKA The Daily from the New Yor Clare Ross, with the assembly's legislative services office, said the program is part of a larger push to address the city's housing shortage. 119 Warner ADU Discussion Item "I just want young people to be able to stay in Anchorage and live here," she said. "That means we have to have a variety of houses. We need more apartment buildings. We need more single family homes, and we need more ADUs." The municipality worked with architects to design homes specifically for Anchorage's climate and landscape. The city's first design is an 800-square- foot, open -concept ADU over a two -car garage. Ross said a smaller design will be available in the coming weeks, followed this summer by what she said will be the most economical design. Three years ago the Anchorage Assembly amended city code to make it much easier to build ADUs in the municipality. Data shows permits for ADUs have gone up noticeably since then, but Ross said numbers are still nowhere near city goals. "For the most part, you can build them anywhere now," she said. "So there's all this interest, but it's still really complicated, and so we wanted to just remove a couple barriers to make it even easier." The program includes a checklist to walk residents through the process, with estimated timelines and permitting costs. The plans themselves are free, and they're designed to be simple and less expensive to build. The cost of building in Anchorage is a major barrier, Ross said. 120 Warner ADU Discussion Item Municipality of Anchorage The floorplan of the Williwaw ADU. Blueprints are made available to residents after initial paperwork is complete. "That's one of the things we can't really control," she said. "Why the muni wanted to do this preapproved plan is: 'What are the costs that the muni can 121 Warner ADU Discussion Item control, that we can lower and make easier for people?' Because interest rates and building costs, we can't touch those." Ross said she hopes to have estimates for material costs by summer, so people will know what they're getting into. Anyone who lives in the municipality qualifies to use the designs, Ross said, although some places may need to amend structures slightly for things like snow load or flood plains. Ross said the municipality plans to work closely with the first people who use the program, using feedback to adapt it to residents' needs. If the program is popular, they'll likely add more design options. Anchorage X in M i Hannah Flor Hannah Flor is the Anchorage Communities Reporter at Alaska Public Media. Reach her at hflor@alaskapublic.org. See stories by Hannah Flor 122 Warner ADU Discussion Item PRE -APPROVED ACCESSORY DWELLING UNIT (ADU) PROGRAM THE NEAR POINT SMALL ADU: a one -bedroom unit The Near Point ADU is a 460 SF one -bedroom unit with a vaulted kitchen/dining/living space. A small flex room that could be a walk-in closet or a home office is adjacent to the bedroom. Tucked out of the line of site of the main living space is a good-sized bathroom. In the entry, there is a bench to put on boots and plenty of space to hang wet outdoor gear near a stacked washer/dryer and easily accessed mechanical equipment. Designed by: WILMWORKS Visit muni.org/ADU for applications documents to receive the full plan set. Note: Suited for use in Anchorage, Girdwood and Chugiak-Eagle River. 124 ADU ON SAMPLE LOT Warner ADU Discussion Item 1 Arrival 2 Kitchen 3 Living 4 Sleeping 5 Bathroom 6 Laundry. 7 Storage I10SF `} 3D PLAN 125 Warner ADU Discussion Item PRE -APPROVED ACCESSORY DWELLING UNIT (ADU) PROGRAM THE WILLIWAW GARAGE + ADU: a one -bedroom unit over a two -car garage The Williwaw ADU is an 811 SF one -bedroom apartment over a 563 SF two -car garage and a 176 SF entryway. Includes an open concept kitchen and dining/living room, closet for washer and dryer, and a small office. Designed by: workshop AD Visit muni.org/ADU for applications documents to receive the full plan set. Notes: garage door can go on the side or back of the building. Suited for use in Anchorage, Girdwood and Chugiak-Eagle River. 126 Warner ADU Discussion Item first floor plan garage 563 sf ad entry 176 sf dw L ref, down stair kitchen living/dining pantry bath closet bedroom second floor plan 811 sf canopy below 127 Warner ADU Discussion Item MUNICIPALITY OF ANCHORAGE PRE -APPROVED ADU PLANS — PERMIT CHECKLIST DEVELOPMENT SERVICES Step Information Cost Time expected MOA Zoning Review Once you've identified your preferred ADU design from the catalog, call 907-343-8336 to set up a zoning review meeting to review your property to confirm that you are ready to build an ADU. Free Review meeting: 15-60 minutes Notify Anchorage Water and Wastewater Utility (AWWU) Field Services Check with AWWU early — there may be rare cases where water lines need to be upgraded if the lines are really old or if there is a major increase in plumbing fixtures; if everything looks good, you will eventually share your permit and plot plan with AWWU to schedule an inspection. AWWUFieldServices@Awwu.Biz or (907) $200 15-minute call; in most cases, AWWU can schedule and complete inspection in 1-2 days 564-2762. Get Ready! • Gather documents, such as proof of property ownership and full legal description of property • Get a plot plan by an Alaska Registered Land Surveyor with your proposed ADU included • Enlist a contractor • A "not for construction" set of the plans can be obtained on the www.muni.org/ADU website for the Plot plans cost $1-2K (surveyors often have package deals for a plot plan and post - construction as -built survey) A plot plan takes about 1- 3 weeks to schedule and complete plot plan and cost estimating. Submit Application Complete the pre -approved ADU application packet that includes: • Building permit application (enter Permit fees are based on the valuation of the work If all items submitted correctly, expect comments or approved permit in 1-2 weeks the ADU plan name in "Description of Work" field) • Hold harmless Agreement signed by all property owners • Plot plan with proposed ADU • Additional items may be required — see list below Obtain your construction permit and ADU plan package Once the project is permitted, your full plan set will be issued with the "approved" stamp and your building permit. Construction may begin! Free Permit placard will be emailed to the applicant Version: March 2026 128 Warner ADU Discussion Item Inspections and • Inspections are performed during The permit Depends on Project close-out the various stages of construction fee covers your and upon completion (required basic construction inspections are listed on the inspections. schedule — building permit) — the builder Additional ask your requests inspections when ready inspections contractor for • Once construction is completed, permit issues resolved and a final as -built survey is submitted, a Certificate of Occupancy is issued cost $175 if needed). As- built surveys cost $500- a time estimate • You're done! 1000. Notes: • Permits and plans will not be issued until your application has been approved. • Due to additional building requirements, not all pre -approved plans may be available for use in Girdwood — please check the catalog notes carefully. The plans may still be used in Girdwood, but would need to go through standard review. • Zoning review will only apply to the proposed pre -approved detached ADU. Other structures on site are exempt from zoning review (Assembly Resolution AR 2024-376). • If any changes are made to the pre -approved plans, the plans must go through standard review. • If you don't have enough room on your site for a detached ADU, you could still do an attached ADU. Contact the MOA Planning Department at (907) 343-7931 for more information. • ADUs within the Anchorage Bowl are addressed in Anchorage Municipal Code 21.05.070; 21.10.050 for Chugiak-Eagle River and 21.09.050 for Girdwood 129 Warner ADU Discussion Item Additional items that may be required, depending on property. These will be flagged in your initial Zoning Review meeting. Right of Way permit If your ADU will have a new driveway or utilities extension, you will need a Right of Way permit Geotechnical review If you are in seismic hazard zone 4 or 5 (review seismic hazard map to find your zone), contact 907-343-8301 for more information. Your lot will require a geotechnical report; if the ADU will be placed on or adjacent to slopes steeper than one in three (33.3%), a geotechnical report may be required (see IRC R403.1.7). Onsite review of well and septic Contact AWWU or other public utility to discuss extending utilities to your ADU. If the property is not located within a utility service area for water/wastewater, you may need to complete a septic system upgrade for the number of bedrooms the system is expected to support. Contact the Municipality of Anchorage On -Site Section at 907-343-7904 for information to construct or upgrade an existing on -site septic system. More info. Floodplains If property is located inside of, or within 300 feet of a flood zone, a flood zone review is required. If the property is located in a flood zone, a stamped survey of the building site is required before construction. If the structure is in the mapped floodplain, a separate Flood Hazard Permit and Elevation Certificate will be required. Contact 907-343-8023 for more information. Steep Slopes Lots with an average slope greater than 20% will need additional information for permitting. Please see the zoning plan review team for information on steep slope construction requirements. Read the Director's Memo on steep slope requirements. 130 AGENDA STATEMENT Meeting Date: April 13, 2026 From: Kris Peck, City Clerk Agenda Item: Appoint a P&Z Commissioner for a term set to expire February 2028 BACKGROUND On March 5, 2026 P&Z Commissioner June Pemberton tendered her resignation leaving a vacant seat with a term set to expire February 2028. The clerk's office has been advertising the vacancy with the April 13, 2026 City Council meeting as the set date to appoint a commissioner. During that timeframe, the clerk's office received two applications for the seat: Tyna Siptrott Robert Coleman Their applications are included in this council packet. PROCEDURE FOR VOTING & APPOINTING Per Title 2, if there are more applicants than positions, the Council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. The City Clerk will distribute paper ballots to council to vote. The marked ballots will be handed back to the clerk to read out loud and record the results. 131 City Clerk's Office PO Box 167 Seward, AK 99664 Phone: 907-224-4046, Email: clerk@cityofseward.net CITY OF SEWARD APPLICATION FOR THE PLANNING AND ZONING COMMISSION Name: Tyna Siptrott RECEIVED MAR 2 5 2026 .)FHCE OF THE CITY CLERK Street address: PO Box address: E-mail address: Home telephone: NA Cell phone: How many years have you lived within the city limits of Seward, Alaska: 1 yr List any special training, education, or background you have which may help you as a member of the Commission: I am specifically interested in serving on the Planning and Zoning Commission because: Have you ever served on a similar commission elsewhere? Yes iveFlo If so, where? And when? /Are you available to attend meetings on Tuesday evenings twice a month? J' 1 understand there might be multiple terms lengths available and will check with the City Clerk for details. understand that I am required to complete the financial disclosure form as part of this aril appointed, I understand Commissioners shall be compensated for service at the rate of $100 per month. ,f appointed, I understand that I must notify Community Development if I am unable to attend a meeting. If appointed, I understand that I may be removed from the Commission due to attendance issues. Updated January 2025 132 City Clerk's Office PO BOX 167 Seward, AK 99664 Phone: 907-224-4046, Email: clerk@cityofseward.net CITY OF SEWARD APPLICATION FOR THE PLANNING AND ZONING COMMISSION RECEIVED APR 0 7 2026 Robert David Coleman olrF10E OF THE CITY CLERK Name: Street address: PO Box address: E-mail address: Home telephone: nla Cell phone: How many years have you lived within the city limits of Seward, Alaska: List any special training, education, or background you have which may help you as a member of the Commission: BS Degree in Business Administration/Accounting as well as MBA degree. Earning my degrees taught me how to conduct research and analyze findings. I learned how to interact with colleagues in order to discuss ideas. I am specifically interested in serving on the Planning and Zoning Commission because: I want to see the city of Seward maintain its rural setting. I would like to be part of a team that works to oversee the best interest of the citizens of Seward. I want to see the city be an affordable place for families to live and a safe place for children to grow up in. In my 3 years of residing here 1 have witnessed a significant expansion of building and land development I Have you ever served on a similar commission elsewhere? ❑ Yes ® No If so, where? And when? Are you available to attend meetings on Tuesday evenings twice a month Yes i l No ® I understand there might be multiple terms lengths available and will check with the City Clerk for details. I understand that I am required to complete the financial disclosure form as part of this application. If appointed, I understand Commissioners shall be compensated for service at the rate of $ I00 per month. SZIIf appointed, I understand that I must notify Community Development and the Clerk Office if I am unable to attend a meeting. r - �► Updated 2/2/2026 133 RECEIVED APR 0 7 2026 Madam Mayor and City Council Members ,AH-ICE OF THE CITY CLERK Good evening My name is Robert Coleman; I am seeking your support and vote for the Planning and Zoning Commissioner. Eight years ago, when we came to visit my son and daughter-in-law, my wife and 1 fell in love with Seward. The small-town atmosphere and rural setting are what attracted us to this city. When the opportunity arose, we moved to Seward. I desire to see my son and daughter-in-law, as well as future grandchildren grow up in a safe, beautiful environment. A slow, steady growth, while maintaining a sense of close community, is what I envision for Seward. became a real estate agent and owned a property management company at one point in my career. This experience enables me to understand zoning laws, plat maps, and the importance of planning and development to a city's continued success. I respect individual property rights but also understand the need to follow zoning laws, and to make changes, when necessary, to protect the interests of all citizens. I hold a BS degree in Business Administration as well as an MBA. I was a Controller and CFO in various industries. One of my positions was corporate food and beverage controller, overseeing a $350 million dollar f&b budget. I was charged with creating and successfully implemented food and beverage policies and procedures for 10 properties. This entailed me working with a group of people and gaining their buy -in to the various policies. This experience allowed me to research current statutes and be part of a team that may implement change. currently serve on the Board of Directors for the Seward Community Health Center. also volunteer to deliver meals for the Meals on Wheels program. I will continue to volunteer my time to contribute to the community that I call home. I appreciate the opportunity to introduce myself and hope that I may receive your support and vote for the Planning and Zoning Commissioner. Respectfully, Robert Coleman 134 April 2026 April 2026 Th Maye 26 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 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 2223 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 29 30 31 Apr 1 2 3 4 5 6 7 8 9 10 11 7-00pm PE47 Mtg] 12 13 14 15 16 17 18 I 5:30pm CC Work Session 112:OOpm PACAB Mtg 7.00pm CC Mtg 19 20 21 22 23 24 25 6:00pm P&Z WS 26 27 28 29 30 May 1 2 7.00pm CC Mtg Council Calendar 1 135 4/7/2026 10:05 AM May 2026 May 2026 June SuMo TuWe Th Fr Sa SuMo TuWee TTh h Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 2223 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 26 27 28 29 30 May 1 2 3 4 5 6 7 8 9 7:OOpm PPi7 Mtg] 10 11 12 13 14 15 16 1 7.00pm CC Mtg 17 18 19 20 21 22 23 I 12:00pm PACAB Mtg 6:OOpm P&Z WS I 24 25 26 27 28 29 30 1 7:OOpm CC Mtg Memorial Day - Offices Closed 31 Jun 1 2 3 4 5 6 Council Calendar 2 136 4/7/2026 10:05 AM June 2026 June 2026 July 26 SuMo TuWe Th Fr Sa SuMo TuWeeTTh h Fr Sa 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 91011 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 31 Jun 1 2 3 4 5 6 7-00pm PAr7 Mtgl 7 8 9 10 11 12 13 7.00pm CC Mtg 14 15 16 17 18 19 20 6:00pm P&Z WS l 21 22 23 24 25 26 27 7:00pm CC Mtg 28 29 30 Jul 1 2 3 4 Council Calendar 3 137 4/7/2026 10:05 AM