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Home My WebLink AboutRes1994-003 . . . Sponsored by: Murphy CITY OF SEWARD, ALASKA RESOLUTION NO. 94-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DESTRUCTION OF CERTAIN PUBLIC RECORDS IN ACCORDANCE WITH THE RECORDS RETENTION SCHEDULE WHEREAS, city of Seward Resolution No. 93-007 established an amended schedule for the retention of public records of the city; and WHEREAS the Deputy City Clerk has identified certain public records which no longer have administrative, fiscal, legal or archival value to the city; and WHEREAS, public records may be destroyed by the City Clerk if approved by resolution of the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Clerk, legal custodian of the municipal records of the City of Seward, is hereby authorized and instructed to destroy the municipal records as listed in "Attachment A", all of which have been deemed to have no administrative, fiscal, legal or archival value to the city. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of January, 1994. THE CITY OF SEWARD, ALASKA ~ lA.9. (O~ Dave W. Crane, Mayor - AYES: NOES: ABSENT: ABST AIN: Anderson, Crane, Darling, Krasnansky, O'Brien and Sieminski None Bencardino None Resolution No. 94-003 Attachment A CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 REC. ***YEAR**** .PARTMENT NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN -------------- ------------------------- -------------------------------------------------- CLERK 170 1984 1988 PETITION ADVISORY PETITION ON SENIOR CENTER DESIGN GENERAL 5 SEN lOR CENTER CORRESPONDENCE & DOCUMENTS 056 R1S4T1 174 1986 1990 ORGAN I ZA TI ON POLICY STATEMENTS 3 AK MUNICIPAL LEAGUE 056 R1S4T1 257 1988 1988 PETITION 5 GENERAL PETITIONS 067 R1S4T5 263 1992 1992 ELECTION REGULAR ELECTION BALLOTS VOTED 10/92 069 R1S4T6 273 1992 1992 ELECTION VOTED BALLOTS FROM SPECIAL ELECTION 08/18/92 . 072 R1S5T1 310 1988 1990 PUBLIC INFORMATION REQUESTS FOR PUBLIC INFORMATION 3 077 R1S5T3 312 1990 1990 PERMIT ALCOHOL BEVERAGE CONTROL BOARD APPLICATIONS FOR 3 LI QUOR LI CENSE 077 R1s5T3 351 1987 1987 ELECTION CONFLICT OF INTEREST STATEMENTS 6 080 R1s5T5 392 1987 1990 SISTER CITY GENERAL CORRESPONDENCE FROM SISTER CITIES, GENERAL 3 OBIHIRO, JAPAN CORRESPONDENCE RELATED TO OBIHIRO EXCHANGE PROGRAM (ALL PERMANENT RECORDS HAVE BEEN RETAINED) 101 R2s2T2 452 1989 1990 ELECT ION ELECTION RELATED TO EARLY CLOSING OF BARS, 3 SPECIAL ELECTION 12/05/89 ELECTION CONTESTED & SETTLED 1990 (PERMANENT DOCUMENTS HAVE BEEN RETAINED) . 105 R1s2T4 .PARTMENT ---~---~--- . . REC. NO. 456 523 524 307 ***YEAR**** FROM TO 1987 1991 1990 1990 1990 1990 1989 1990 105 1989 1990 189 1985 1986 190 1985 1986 466 1990 1990 21 1990 1990 22 1990 1990 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 SUBJECT/LABEL/FILM OR BOX PUBLI CATION LEGAL NOTl CES 1D6 R1S2T4 ORGAN I ZA T ION RESURRECTION BAY HISTORICAL SOCIETY 112 R2S3T1 PERM IT GAMES OF CHANCE 112 R2S3T1 COMPREHENSIVE PLAN GRANT 076 R1S5T2 AGENDA PACKETS COPIES 016 R1S1T6 CONTRACT 057 R1S4T2 CONTRACT 057 R1S4T2 APUC 107 R1SZT5 REJECTED BIDS 002 R1S1T1 REJECTED BIDS 002 R1S1T1 CONTENT SUMMARY RETAIN COMMUNITY HOSPITAL BOARD MEETING NOTICES, 2 MISCELLANEOUS UTILITY & PARK & RECREATION NOTICES, TRADE BOARD NOTICES CORRESPONDENCE 3 3 TORA WITH KENAI PENINSULA BOROUGH REGARDING UPDATE 3 OF SEWARD COMPREHENSIVE PLAN COUNCIL PACKETS (TOSS - NO NEED TO SHRED) 3 190, UTILITY SYSTEMS & APPLICATIONS, ELECTRIC METER AUD IT; 136, SETH BRANSON, ELECTRIC METER READING 1985; 7 (CON'T) 160, TORVIK ELECTRIC, CONSTRUCTION OF ELECTRICAL LINE TO SCCC 7 CHUGACH ELECTRIC ASSOCIATION CONTRACT FOR PURCHASE 3 OF NATURAL GAS FROM ARCO. APUC-CEA FILING U-89-48 DOWNTOWN SIDEWALK IMPROVEMENTS, PHASE III 3 DESIGN OF MEDICAL/CLINIC BUILDING 3 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 REC. ***YEAR**** ~PARTMENT NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ----------- ------------------------- -------------------------------------------------- 28 1990 1990 REJECTED BIDS ENGINEERING FOR DOWNTOWN STREETS 3 002 R1S1T1 154 1986 1986 CONTRACT CON 168, MARATHON FUEL CORP., PETROLEUM PRODUCTS 7 054 R1S4T1 183 1986 1986 CONTRACT CON 202, A & G CONSTRUCTION, SPRUCE CREEK BRIDGE 7 ENBANKMENT; 203, 0 & L CONSTRUCTION CO., ONE LANE BRIDGE LOWELL POINT; 204, AK PRECISION DRILLING & 057 R1S4T2 BLASTING, RIP RAP FOR FLOOD CONTROL; 184 1986 1986 CONTRACT (CON'T) CON 209, PERATROVICH, NOTTINGHAM & DRAGE, 7 STRUCTURAL ANALYSIS OF DOCK AT SMIC; 205, METCO, REPAIR UPPER JAP CREEK DIKE 057 R1S4T2 251 1990 1990 CONTRACT LOWELL CREEK BRIDGE, PURCHASE OF PARKS & REC VAN, 3 REJECTED BIDS SPRING CREEK DRAINAGE DITCH IMPROVEMENTS, PURCHASE OF SAND, GRAVEL EXTRACTION, WATER WELL #5, AUDIT 066 R1S4T5 SERVICES, TRAVEL LIFT DOCK . 302 1988 1990 GRANT STATE GRANT FOR UTILITIES EXTENSION TO SMIC 3 SMIC 076 R1S5T3 473 1988 1990 SOLID WASTE CORRESPONDENCE RE REFUSE, SOLID WASTE DISPOSAL 3 108 R2S2T5 53 1990 1990 AUD IT FY 1990 AUDIT WORK PAPERS 3 007 R1S1T3 55 1984 1990 GRANT 026 PUFFIN BROADCASTING, RADIO TRANSLATOR PURCHASE 3 007 R 1 S 1T3 57 1984 1986 BANKING OUTSTANDING CHECK REGISTER 7 007 R1S1T3 . CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 REC. ***YEAR**** .PARTMENT NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ----------- ------------------------- -------------------------------------------------- 186 1983 1986 CONTRACT CON 075, BIGLER, KOHLER & OBENDORF, AUDITING SVS. 7 1983-1986 057 R1S4T2 306 1990 1990 GRANT FUNDING FOR PURCHASE OF HOSPITAL EQUIPMENT 3 HOSPITAL 076 R1S5T2 309 1989 1990 GRANT REVENUE SHARING STATE FY 90 3 077 R1S5T3 313 1985 1986 ACCOUNTS PAYABLE SUMMARY PRESENTED TO COUNCIL 7 077 R1S5T3 314 1985 1986 PURCHASING GENERAL PURCHASES APPROVED BY COUNCIL 7 077 R1S5T3 . 607 1989 1990 AUDIT COMPUTER PRINTOUTS AND OTHER AUDIT PAPERS, WORK 3 AUDIT WORK PAPERS PAPERS FOR FY90 083 R2S1T1 527 1988 1990 AUD IT CORRES FROM PRICE WATERHOUSE FOR FY88 & FY89 3 112 R2S3T1 716 1987 1988 UT I LI TIES UTILITY METER BOOKS 5 219 R3S5T1 720 1985 1986 PURCHASING PURCHASE ORDERS 7 223 R3S5T3 725 1990 1990 UT I LI TIES UTILITY PAYMENT RECE I PTS 3 NOV/DEC 1990 227 R3S5T4 . .PARTMENT ------------ . . REC. NO. 1250 754 187 117 191 ***YEAR**** FROM TO 757 1986 1986 782 1984 1986 304 1989 1990 1984 1986 159 1986 1986 193 1976 1986 1990 1990 1983 1986 1983 1983 1986 1986 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 SUBJECT /LABEL/F I LM OR BOX CONTENT SUMMARY RETAI N PAYROLL QUARTERLY REPORTS COMPUTER PRINTOUTS 7 252 R4S2T1 SUBSIDIARY JOURNALS ADJUSTING JOURNAL ENTRIES 7 277 R4S3T5 GRANT APPLICATION FOR AMBULANCE, FUNDING FOR PORTABLE PUMPS & RADIOS FOR SVAC 3 076 R1S5T3 LEASE MISC SHORT TERM LEASES OF LOT 16 SEWARD INDUSTRIAL 7 PARK 019 R1S2T1 CONTRACT SYNCROLl FT CON 176 PEARLSON ENG., SYNCROLIFT INSPEC. & MAINT. 7 257 GTE, TELE. EXT. SVS. TO SHIP TRANSFER FACILITY 054 R1S4T1 CONTRACT CON 140, MARATHON FUEL, MARINE FUEL LICENSE AGREE. 7 057 R1S4T2 ADMINISTRATION HARBORMASTER'S COUNCIL PACKETS 3 FUTURE COUNCIL PACKETS CAN BE THROWN AWAY WITHOUT RETE NT ION 249 R4S1T6 CONTRACT 259, PENINSULA HOME HEALTH CARE, SERVICE AGREEMENT FOR HOME HEALTH CARE 7 057 R1S4T2 LITIGATION ARCTIC ENGINEERS CORRESPONDENCE REGARDING DISPUTE OF PAYMENT TO ARCTIC ENGINEERS FOR WORK DONE ON WASTE WATER PUMP STATION 10 025 R1S2T3 CONTRACT CON 184, WAGNER HOHNS INGLIS, S & W, TERRATECH, TECHNIC, KELLOGG, CENTURY QUADRA ARBITRATION 7 057 R1S4T2 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 REC. ***YEAR**** .EPARTMENT NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ------------ ------------------------- -------------------------------------------------- 311 1987 1988 CLAIM CLAIMS FOR DAMAGES RESOLVED 5 077 R1S5T3 446 1990 1990 LEGISLATIVE LEGISLATIVE DIGESTS, NEWSLETTERS, & GENERAL CORR. 3 105 R1S2T4 1002 1983 1992 ADMINISTRATION TELEPHONE MESSAGE BOOKS 004 R1S1T2 185 1985 1986 CONTRACT DAY CARE CONTRACT FY 86 7 057 R1S4T2 305 1989 1990 GRANT OIL SPILL COMMUNITY ASSISTANCE, DAY CARE GRANT FOR 3 FY 89-90, TRANSITIONAL CHILD CARE GRANT FY 89-90 076 R1S5T2 . 319 1982 1983 ORGANIZATIONS ALASKA TRANSPORTATION COMMISSION JOURNALS 10 077 R1S5T3 54 1990 1990 FORMS PAVILION USE FORMS 3 TRANSFERRED TO PARKS & REC (DEPT WILL DESTROY AFTER REVIEW) 007 R1S1T3 490 1988 1991 SPORTS PROGRAMS SKIING, SOFTBALL LEAGUE, BASKETBALL LEAGUE 2 TRANSFERRED TO PARKS & REC FOR REVIEW - DEPT. WILL DESTROY AFTER REVIEW 109 R2S2T6 321 1983 1983 EMPLOYEE BENEFITS HEALTH INSURANCE WITH CALCO ADMINISTRATION WORK 10 SHOP 077 R1S5T3 733 1986 1986 PAYROLL PAYROLL PRINTOUT 3RD QUARTER 1986 7 235 R4S1T1 . CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 REC. ***YEAR**** .PARTMENT NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ------------ ------------------------- -------------------------------------------------- 765 1990 1991 APPLl CAT IONS JOB APPLICATIONS FILED - NOT HIRED 2 260 R4S2T4 814 1990 1991 APPLl CAT IONS JOB APPLICATIONS - NOT HIRED 2 301 R4S5T3 502 1983 1983 PRISON PROPOSED PUBLl C SAFETY FACILITY FOR CITY, PROPOSED 10 FED PRISON 110 R2S2T6 541 1987 1991 PROPERTY REPORTS 2 LOST & FOUND 113 R2S3T2 554 1991 1991 CITATIONS 2 119 R2S3T5 . 555 1991 1991 CASE FILES IMPOUNDS 2 119 R2S3T5 566 1986 1986 USE LOGS DISPATCH RADIO LOGS 7 129 R2S4T3 568 1986 1986 USE LOGS TRAFFIC CITATIONS, IMPOUNDS, DISPATCH RADIO LOGS 7 131 R2S4T4 786 1982 1986 USE LOGS JAIL USE LOGS OF DAILY ACTIVITIES 7 281 R1S3T6 1252 1986 1986 LEASE SMIC UNSURVEYED PARCEL SHORT TERM LEASE 7 RED & DON'S PROPELLER SHOP 019 R1S2T1 . .PARTMENT ------------ . . REC. NO. ***YEAR**** FROM TO 160 1986 1986 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1994 AS OF 01/04/94 SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN CONTRACT CON 193, IMPORT CONSULTING SVS., DEVELOP. OF AREA 7 WIDE CUSTOMS PORT OF ENTRY APPLICATION PACKET 054 R1S4T1 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1993 AS OF 01/04/94 ~~~~~~~~~--- REC. ***YEAR**** NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ------------------------- -------------------------------------------------- CLERK 525 1987 1990 PUBLICATION COUNCIL NOTICES 1990, PLANNING COMMISSION NOTICES 2 1987 112 R2S3T1 192 1985 1985 CONTRACT 163, BLACK SMITH & RICHARDS, LAND APPRAISALS 7 057 R1S4T2 462 1990 1990 ZONING 2 ZONING VIOLATIONS 107 R2S2T5 373 1989 1991 PROCLAMATIONS 099 R2S2T 1 197 1980 1989 TELEVISION CORRESPONDENCE RELATED TO CABLE TV 3 . 058 R1s4T2 537 1981 1985 CORRESPONDENCE CORRES RELATED TO SPECIAL PROJECTS & PERMITS AT 7 SMIC PERMITS SMIC 112 R2S3T1 194 1985 1985 CONTRACT CON 148, PIONEER PACIFIC CONSULTANTS, MASTER FIRE 7 PROTECTION PLAN & EMERGENCY MEDICAL SERVICE 057 R1S4T2 540 1990 1990 TRAFFIC CITATIONS 2 113 R2S3T2 542 1990 1990 ANIMAL CONTROL IMPOUNDS 2 113 R2S3T2 316 1982 1982 PORT DEVELOPMENT INFORMATION ON SOUTH CENTRAL REGIONAL PORT 10 COMMISSION . 077 R1S5T3 .PARTMENT -------------- CLERK . . REC. NO. 173 275 534 265 1266 1268 1241 ***YEAR**** FROM TO 1986 1988 1986 1988 1988 1988 180 1976 1988 1988 1988 277 1986 1988 177 1982 1988 1971 1984 1968 1984 1979 1984 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1992 AS OF 01/04/94 SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ORGANIZATION 056 R1S4T1 PUBLIC INFORMATION 073 R1S5T1 LEASE 112 R2S3T1 CORRESPONDENCE 056 R1S4T1 APUC 070 R1S4T6 APUC 073 R1S5T1 GRANT 056 R1S4T1 LEASE HOWARD JOHNSON DBA HARBOR MARINE RE012 015 R1S1T6 LEASE ARMY RE015 015 R1S1T6 LEASE NORTH HARBOR SUBDIVISION TRACT A - RE016 019 R1S2T1 CORRESPONDENCE & DOCUMENTS RELATING TO KENAI PENINSULA CAUCUS REQUESTS FOR INFORMATION & PUBLIC RECORDS & VARIOUS INQUIRIES PROPOSED GROUND LEASE BETWEEN ALASKA RAILROAD & CITY (NEVER EXECUTED) CORRESPONDENCE RELATED TO HYDRO ELECTRIC PROJECTS 3 APUC-CEA FILINGS U-86-29 APUC-CEA FILINGS U-86-82 MISC. GRANT APPLICATION & GEN. CORR. RE. TO GRANTS 3 MARINA SUBD LOT 4 BLOCK 1 ALSO LEASED TO CLEMENT & CARR LEASE OF SMALL BOAT HARBOR PROPERTY FOR BOAT DISPATCH BUILDING. CANCELLED 1984 JAMES T. PRUITT FOR PORTION OF TRACT A NORTH HARBOR SUBD. NEW LEASE (RE039) CREATED MAY 1984 EXPIRES APRIL 2014 3 3 3 3 3 7 7 7 .PARTMENT ~---~---~--- . . REC. NO. 1251 ***YEAR**** FROM TO 1984 1984 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1992 AS OF 01/04/94 SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN LEASE RE044 SMIC SHIPLIFT AREA - PROPOSED LEASE OF SHIPLIFT AT 4TH OF JULY CREEK BY KOREAN SHIPBUILDING ENGINEERING CO. LEASE NEVER NEGOTIATED 7 019 R1S2T1 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1991 .PARTMENT AS OF 01/04/94 REC. ***YEAR**** NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ---~---~---~--- ------------------------- -------------------------------------------------- ELECTRIC 641 1987 1987 APUC APUC-CEA FILINGS u-76-81, U-80-34, U-82-63 3 051 R1S3T6 644 1983 1987 ORGAN I ZA TI ON CORRESPONDENCE 3 ALASKA POWER AUTHORITY 051 R1S3T6 335 1985 1987 CORRESPONDENCE GENERAL CORRESPONDENCE RELATED TO APUC 3 079 R1S5T4 529 1973 1983 CONTRACT MOORAGE AGREE FOR COAST GUARD CUTTER CAPE JELLISON 7 CANCELLED 1983 112 R2S3T1 520 1987 1987 CORRESPONDENCE GATEWAY CHILDRENS DAY CARE 3 . 111 R2S3Tl 567 1988 1988 CASE FILES CITATIONS, ACCIDENT REPORTS, ANIMAL CONTROL, 2 LOST & FOUND 130 R2S4 T3 835 1988 1988 CASE FILES CITATIONS, ACCIDENT REPORTS, ANIMAL CONTROL, 2 LOST & FOUND 130 R2S4T3 . .PARTMENT ELECTRIC . . REC. NO. 465 1254 ***YEAR**** FROM TO 196 1975 1986 1986 1986 1977 1982 564 1987 1987 CITY OF SEYARO, ALASKA ANNUAL DESTRUCTION REPORT FOR 1990 AS OF 01/04/94 SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN ------------------------- -------------------------------------------------- CORRESPONDENCE GENERAL DOCUMENTS & CORRESPONDENCE RELATED TO THE 3 ELECTRIC DEPARTMENT 058 R1S4T2 APUC APUC-CEA FILINGS U-90-86 RELATED TO GOLDEN VALLEY 3 ELECTRIC APPROVAL OF POYER SALES AGREEMENT 107 R1S2T5 LEASE DRESSER INDUSTRIES SEYARD INDUSTRIAL PARK LOT 16 7 019 R1S2T1 CASE FILES IMPOUNDS, ANIMAL CONTROL 2 127 R2S4T2 .PARTMENT ELECTRIC . . REC. NO. 318 ***YEAR**** FROM TO 1981 1982 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1986 AS OF 01/04/94 SU8JECT/LA8EL/FILM OR BOX APUC CONTENT SUMMARY RETAIN APUC-CEA FILINGS U-81-53, U-81-52 3 077 R1S5T3 .PARTMENT -------------- ELECTRIC . . REC. NO. ***YEAR**** FROM TO 253 1984 1984 280 1984 1984 695 1956 1980 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1988 AS OF 01/04/94 SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN APUC APUC-CEA FILINGS 067 R1S4T5 ORGANIZATION SOUTH CENTRAL ALASKA POWER PLANNING BOARD CORRESPONDENCE 074 R1S5T2 BOND SEWARD WATER SYSTEM BONDS FROM 1956 MATURED 1980 198 R3s3T6 3 3 7 CITY OF SEWARD, ALASKA ANNUAL DESTRUCTION REPORT FOR 1987 .PARTMENT AS OF 01/04/94 REC. ***YEAR**** NO. FROM TO SUBJECT/LABEL/FILM OR BOX CONTENT SUMMARY RETAIN --------------- ------------------------- -------------------------------------------------- ELECTRIC 317 1983 1983 ORGANIZATION CORRESPONDENCE RELATING TO SOUTH CENTRAL REGIONAL 3 POWER BOARD 077 R1S5T3 315 1982 1983 GRANT FEDERAL REVENUE SHARING FY 83 3 077 R1S5T3 1267 1967 1979 LEASE MARINA SUBD LOT 3 BLOCK 7 MINDENBERGS & WEEKS ALSO LOTS 5 & 6 (RE014) RE011 & RE014 015 R1S1T6 488 1983 1983 ADMINISTRATION MEMOS RELATED TO PRE-EMPLOYMENT PHYSICALS, EMPLOYE 3 BONDS, EMPLOYEES FOR AVTEC LIBRARY AIDE, FISH & GAME TECH (1984), GEN CORRES 109 R2S2T6 . . . STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the J..:1..!:! day of ""Dt2CEM BE/!.., 1993, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared VINCENT L. GODDARD, known to me and to me known to be the individual named in and who executed the above and foregoing Guaranty, and he acknowledged to me that he signed the same as his free and voluntary act for the uses and purposes therein set forth. GIVEN UNDER MY HAND and official seal the day and year last above written. tOI~ ._~ In .(j'~ Notary Public in and for Alaska My commission expires; t//.}.~/ 91- . F: \ I NlETFP\SIoOlEASE\JKB0870 Guaranty Agreement Inlet Fish Producers, Inc. Lease -3- . In the event of any proceeding by or against ~ssee, a composition, extension or reorganization under any provision of the Bankruptcy Code, or any other bankruptcy, insolvency, receivership or similar proceeding, Guarantor expressly waives the extension of the obligations of this guaranty under any provision of such Code or any law or rule applicable to such proceedings and hereby agrees that city may proceed immediately to collect any amount due under the terms of this guaranty and to otherwise enforce this guaranty. Any payment made or other performance made of the obligations of the lease hereby guaranteed, and which may thereafter be required to be refunded as a preference under 'the Bankruptcy Code or any other federal or state law, shall not be considered as payment or performance of the obligations of the lease, nor shall it have the effect of reducing the liability or obligations of Guarantor under the guaranty. If City disposes of its interest in the lease, "City" as used in this guaranty, shall mean City's successors. If City is required to enforce Guarantor's obligations by legal proceedings, Guarantor shall pay to City all costs incurred, including, without limitation, reasonable attorney's fees. This guaranty shall continue absolutely, unconditionally and irrevocably until all obligations of Lessee under the lease shall have been fully performed. Guarantor's obligations under this guaranty shall be binding on Guarantor's successors. Dated:1)E'GEMAf:Ai /7 /993 , -,j~uIU.J-~~ vincent L. God d Guaranty Agreement Inlet Fish Producers, Inc. Lease -2- I GUARANTY AGREEMB!lT . VINCENT L. GODDARD, individually, ("Guarantor"), whose address is P.O. Box 1209, Kenai, Alaska 99611, as a material inducement to and in consideration of the City of Seward ("city"), entering into a written lease ("the lease") with Inlet Fish Producers, Inc., an Alaska corporation ("Lessee"), dated the same date as this guaranty, unconditionally guarantees and promises to and for the benefit of City that Lessee shall perform the provisions of the lease that Lessee is to perform. ' The provisions of the lease may be changed by agreement between City and Lessee at any time, or by course of conduct, without the consent of or without notice to Guarantor. This guaranty shall guarantee the performance of the lease as changed. Assignment of the lease shall not affect this guaranty. This guaranty shall not be affected by City's failure or delay to enforce any of its rights under the lease or any predecessor lease between City and Lessee's predecessors in interest. Guarantor consents to any and all forebearances and extensions of time which may be granted by the City. If Lessee defaults under the lease, City can proceed immediately against Guarantor or Lessee, or both, or City can enforce against Guarantor or Lessee, or both, any rights that it has under the lease, or pursuant to applicable laws. If the lease terminates and City has any rights it can enforce against Lessee after termination, City can enforce those rights against Guarantor without giving previous no~ice to Lessee or Guarantor, or without making any demand on either of them. . Guarantor waives the right to require City to (1) proceed against Lessee; (2) proceed against or exhaust any security that City holds from Lessee; or (3) pursue any other remedy in city's power. Guarantor waives any defense by reason of any disability of Lessee, and waives any other defense based on the termination of Lessee's liability from any cause. until all Lessee's obligations to City have been discharged in full, Guarantor has no right of subrogation against Lessee. Guarantor waives its right to enforce any remedies that City now has, or later may have, against Lessee. Guarantor waives any right to participate in any security now or later held by City. Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of this guaranty, and waives all notices of acceptance of this guaranty, and waives all notices of the existence, creation, or incurring of new or additional obligations. Guaranty Agreement Inlet Fish Producers, Inc. Lease -1- I . INLET DOCK TRAVEL 1FT DOCK <{ -' W 0 U 'r<) cr:. <{ X (l. 20' 0 l.!) a: 0 (l. -' a.. III <{ SORRELL EXHIBIT A b '" ,06 'X01:ldd RD III -' w u a: <( 0.. 9 w > <{ <f) a: a:: o ~ BASIN ~z- SEWARD MARINE INDUSTRIAL CENTER ACKNOWLEDGMENT . THIS IS TO CERTIFY that on the day of December, 1993, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared and , to me known and known to me to be the city manager and city clerk of the City of Seward, and known to be the individuals named in and who executed the within and foregoing Lease Agreement, and they acknowledged to me that they were authorized to execute the foregoing document by authority granted them in the Municipal Code of Ordinances for said City and for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal the day and year last above written. Notary Public in and for Alaska My commission expires: ACKNOWLEDGMENT STATE OF ALASKA SSe THIRD JUDICIAL DISTRICT . THIS IS TO CERTIFY that on the ~ day of ]),:;('A!.Me.eA..., 1993, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared VINCENT L. GODDARD, known to me and to me known to be the individual named in and who executed the above and foregoing Lease Agreement as President of Inlet Fish Producers, Inc., and he acknowledged to me that he signed the same in the name of and for and on behalf of said corporation, freely and voluntarily and by authority of its Board of Directors for the uses and purposes therein set forth. GIVEN UNDER MY HAND and official seal the day and year last above written. fo~<~....'-" rn,U.....kKv Notary Public in and for~laska My commission expires: 'I..;l 5" I 9 1- F: \lMlETFP\SIoIllEASE\JKIOll67 (11914-8'lU1/AA-.o17J -34- ~lo,llI93 I . ATTBST: CITY CLERK DATE :kc.Ei\tBEll!. I"], 199.~ APPROVED AS TO FORM: PERKINS COlE Attorneys for City of Seward By: 7~M~ Fred Arvidson Date: 1/3/7'7 [l191~M!1.lIlliIIII.07J LESSBB: INLBT FISK PRODUCBRS, IIfC. ~i~: !l~~ .if-~ -33- Dooombcr 10, 1!I9J I ATTN: City Manager City of Seward P.O. Box 167 Seward, Alaska 99664 . All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: ATTN: Mr. Scott Earsley Inlet Fish Producers, Inc. P.O. Box 114 Kenai, Alaska 99611 ATTN: Mr. vincent Goddard Inlet Fisheries, Inc. P.O. Box 530 Kenai, Alaska 99611 ATTN: Mr. Jack Miceli Inlet Fisheries, Inc. P.O. Box 2146 Bothell, Washington 98041 ARTICLB 3'.--CHANGB OF ADDRESS Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this paragraph. ARTICLB 40.--50 THIRD PARTY BENEFICIARIES Nothing in this Lease Agreement shall be interpreted or construed to create any rights or benefits to any parties not signatories or successors of signatories to this Lease. . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first hereinbefore set forth. CITY: CITY OF SEWARD DATE: By: Its: [11914.O'lU1/AMJlMlOl1] -32- Dco:mber 14, 1993 . 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. ARTICLB 3Z.--INTBRPRBTATION 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 assistance of attorneys in drafting and reviewing this Lease. ARTICLB 33. --IIUHBBR AND GBNDBR In this Lease, the neuter gender includes the masculine and the feminine, and the singular number includes the plural; the word "person" includes corporation, partnership, firm or association wherever the context so requires. ARTICLB 34.--MAHDATORY AND PBRMISSIVE "Shall", "will" and "agrees" are mandatory; "may" is permis- sive. ARTICLB 35.--CAPTIONS Captions of the 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. ARTICLB 36.--AXBNDXBNT This Lease is not subject to amendment except in writing executed by both parties hereto. ARTICLB 37.--DBLIVERY O~ NOTICBS - KBTBOD AND TIXB 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 ARTICLE 38 and to such other persons and addresses as either party may designate. Notice shall be deemed to have been given at the time of mailing. ARTICLB 38.-->>OTICBB All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: [ll91<Wll1l/AA93OlilO.Ol7J -31- Do:comber 14, 1993 I . consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenant or condition. 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. ARTICLB 25.--TIKB OF BSSBNCB Time is of the essence of this Lease and of each provision. ARTICLB 26.--COKPUTATION OF TIKB The time in which any act provided by this Lease is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. ARTICLB 27.--SUCCBSSORS IN INTBRBST 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. ARTICLB 28.--BNTIRB AGRBBKBNT 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. ARTICLB 29.--GOVBRNING LAW . This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. ARTICLB 30.--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. ARTICLB 31.--RBLATIONSHIP 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 (11914-6'llB/ AA93OIIlII.OI7] -30- De<embcr 14, 1993 I . therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. It is the intent of this provision to alleviate from CITY the entire burden of compliance with present or future environmental regulations or controls beyond those for which the planned public port facilities have been designed. ARTICLE 21.--FIRB PROTBCTIOK. LESSEE shall at its sole cost, risk and expense provide fire protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent port facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE's operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this Lease and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. ARTICLE 22.--BSTOPPBL CBRTIFICATBS. 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 23.--COKDITIOKS AND COVEKANTS All the provisions of this Lease shall be deemed as running with the land, and 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 24.--110 WAIVBR OF BRBACH 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 [1191~M9.lOliIIO./I17) -29- Dcccmbcr 14, 1993 I . CITY OF SEWARD, ALASKA RESOLUTION NO. 94-003 ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska (1~ (~~ City Attorney . . (City Seal)