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HomeMy WebLinkAboutRes1989-039 . . . Sponsored by: Royle CITY OF SEWARD, ALASKA RESOLUTION NO. 89-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DETERMINING TO PROCEED WITH A SPECIAL IMPROVEMENT DISTRICT CALLED THE CAMELOT ELECTRIC ASSESSMENT DISTRICT WHEREAS, a public hearing has been held pursuant to Section 5.20.025 of the Seward City Code to receive public comment on the proposed special improvement district called the Camelot Electric Assessment District; and WHEREAS, after a full review by the City Council of all of the facts and opinions presented, it is hereby found and determined that the proposed special improvement district is necessary and will benefit the property assessed; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. the special improvement district called the Camelot Electric Assessment District to cover an area known as: Lots 16-23, Block 4; Lots 17-27, Block 5; Lots 8, 9, Block 6; Lots 5-30, Block 7; Lots 1-38, Block 8; Lots 7, 8, Block 9; Lots 1-4, 27, 28, Block 10; Lots 7-11, Block 11; Camelot by the Sea Subdivision. shall proceed. Section 2. the City Manager is hereby authorized and directed to proceed with design and construction of the proposed improvement subject to obtaining suitable financing, except if the total cost of the project when bid exceeds the current estimated cost of $250,000.00 by more than 15%, the Council will schedule a public hearing to receive public comment and determine whether or not to proceed with the project. Section 3. the City Manager is hereby authorized to keep account of all of the costs of the improvement including acquisition interests in land for the improvement, design, en- gineering, administration, overhead, professional service, guaran- tee fund, bond costs and interest incurred as a result of the improvement and all other costs resulting from the construction of the improvement. -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 89-039 Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of May, 1989. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~~f.JID!I:~f-:ot GIESELER, DUNHAM, HILTON, MEEHAN, NOLL & SIMUTIS NONE O'BRIEN NONE APPROVED AS TO FORM: PERKINS COlE, Attorneys for the city of Seward, Alaska . . (City Seal) 7~~~ Fred B. Arv~dson City Attorney -2- . . . CITY OF SEWARD, ALASKA SHORT-TERM LEASE FOR THE OPERATION OF A WILDLIFE RESCUE CENTER THIS AGREEMENT is between V [ ( c:) JI1 C . ("LESSEE") and the City of Seward, Alaska ("CITY") and is effective on the c< " day of f} PI", I , 1989. WHEREAS, because of the March 24, 1989, oil spill from the EXXON VALDEZ in Prince William Sound an acute need presently exists for a wildlife rescue center; and WHEREAS, Lessee has need of such site for its immediate use; and I?'\ 0 n ojv' WHEREAS, by R~5~lu~~~~ of the City Council of the City of Seward, an emergency has been declared as a result of the oil spill; and WHEREAS, the City Manager pursuant to Resolution ~4-o3t and the provisions of section 7.05.410 of the Seward Municipal Code is authorized to negotiate and enter into short-term leases for City property; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1.--LEASED LAND. 1.1--Description of Leased Land. The leased land granted by CITY under this lease (hereinafter referred to as "leased land") is located in Seward, Alaska, and is depicted on the attached Exhibit A, which is incorporated into this lease by Short Term Lease Page 1 reference. The leased land is more particularly described as follows: Tract 2, City of Seward Waterfront tracts (unrecorded plat) excepting therefrom the East 185 feet of the North 35 feet and all land outside the East fence, containing 36,177 square feet, more or less. The precise boundaries of the area covered by this lease shall be staked by LESSEE under the direction of the City Manager or his designee (the "city Manager"). 1.2--Title to Leased Land. The ~arties recognize that CITY has not had sufficient time to veri its ownership of the leased land nor to conduct a title search of the leased land due to the emergency nature of the conditions leading to the negotiation of this lease agreement. The parties recognize that the leased land is currently unplatted and this lease may therefore be in violation of the Kenai Peninsula Borough Code with respect to platting requirements. If requested by the Borough, CITY and LESSEE shall jointly prepare and file a replat of the leased land, or alternatively LESSEE may terminate this lease agreement immediatly. In the event LESSEE elects to continue this lease, all expenses for such a replat, including staff time of CITY, shall be borne by LESSEE. CITY, in good faith, believes that it has title to the property but does not warrant quiet enjoyment to LESSEE. Upon request of LESSEE and at LESSEE's sole expense, CITY will obtain a title search to the leased land and if that search discloses that CITY does not have title to the property, or would be prevented from granting the Short Term Lease Page 2 . . . right of possession to LESSEE hereunder, then LESSEE may, at LESSEE's option, terminate this lease agreement. 1.3--Zonina. Land Use. CITY represents that the current zoning classification of the leased land is General Commercial. In the event that at any time LESSEE deems it necessary or appropriate to obtain use, zoning or subdivision and precise plan approval for the leased land, or any part thereof, CITY agrees from time to time upon request of LESSEE to execute such documents, petitions, applications and authorizations as may be appropriate or required to obtain from the agency or public body responsible therefor any conditional use permits, zoning and re- zoning, tentative and final tract approval and precise plan approval. This Section shall impose no duty or responsibility on the City to assist LESSEE in obtaining any other permits or approvals for operation or construction, such as those required by the U.S. Coast Guard or the Environmental Protection Agency (Clean Air Act permits), or the Alaska Department of Environmental Conservation, etc. CITY shall cooperate with LESSEE in LESSEE's efforts to promptly obtain any required permits for construction or operation of LESSEE's facilities. ARTICLE 2.--UTILITIES AND RIGHTS OF ACCESS. 2.1--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 with respect to the construction of those utilities. Short Term Lease Page 3 CITY agrees to cooperate and assist LESSEE in LESSEE's planning of those improvements and, further, to assist in coordinating the actual connection of those utilities to the City system. CITY agrees to make reasonable efforts to provide connection of utilities to the City system; however, the parties recognize that due to the circumstances recited in the preamble to this Lease Agreement CITY's resources, including the availability and priority of utility service crews might not be adequate to meet ,SSSEE's needs. LESSEE shall be solely responsible to CITY's a tual incurred expenses (including staff and engineering costs' for both temporary and permanent utility connection. The locations on the attached Exhibit A have been agreed by the parties as acceptable service locations. All costs associated with utility services beyond those points to LESSEE's facilities and improvements are at the sole cost and expense of LESSEE. The leased land is currently served with the following public ~tilities: a) Electrical. CITY will provide electrical service to the location marked in RED on the attached Exhibit A. All costs associated with electrical service beyond that point to LESSEE's facilities and improvements are at the sole cost and expense of LESSEE. b) Water. CITY will provide potable water to the approximate location marked in BLUE on the attached Exhibit A with a minimum service on a 7t1\JD inch line at &"0 P.S.I. CITY agrees to make reasonable efforts to provide temporary water Short Term Lease Page 4 . . . service, again subject to the restrictions and priorities referred to above. c) Sewer. CITY will provide sanitary sewer interconnection to the location marked in GREEN on the attached Exhibit A, which has been agreed by the parties as an acceptable service location. The term "sewer" means sanitary sewer sufficient for use by employees and invitees of LESSEE and employees and invitees of tended vessels. It does not include, nor is CITY responsible for providing, special treatment or handling facilities for industrial waste, waste oil products, oil or contaminated water of any type associated with LESSEE's operations from the leased land including all waste petroleum and chemicals. 2.2--Temoorary utility Service. Where feasible and where approved by any regulatory agencies having jurisdiction, CITY agrees to make reasonable efforts to provide temporary utility services to the leased premises. Due to the emergency conditions leading to this lease agreement, CITY cannot warrant that it will be able to provide LESSEE with utility services sufficient for LESSEE's intended operation. LESSEE shall bear the entire costs of any such provision and installation of temporary services by CITY including, without limitation, actual costs incurred, engineering and staff costs, utility (including overtime) and materials. The risk of loss by reason of any delay in providing services will be borne solely by LESSEE including Short Term Lease Page 5 any loss or damage by reason of LESSEE being unable to commence or continue operations from the leased land. ARTICLE 3. --ENVIRONMENTAL CONCERNS 3.1--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 lias is" condition and has completed a base line assessment which shall be attached hereto as Exhibit B. b) Release of CITY. Any other provision of this lease agreement 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 or after the term of this lease agreement, and resulting from the use, keeping, storage or disposal of Hazardous Material on the site by LESSEE, or arising out of or resulting from LESSEE's operations at the site except for those arising out of the CITY'S sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political SUbdiVision,~~~ law or regulation. ~I fit' c) Use of Hazardous Materials on the site. Short Term Lease Page 6 . . . i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the leased property except for the temporary storage of petroleum soaked absorbent materials and other such Hazardous Material as is necessary to 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) the 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. Short Term Lease Page 7 d) Indemnification of CITY. Any other provision of this lease agreement to the contrary notwithstanding, LESSEE shall defend, indemnify and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (i) the presence, disposal, release, or threatened release of any such Hazardous Mate.'ial which is on, from or affecting 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 our of or related to such Hazardous Material; (iii) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and or (iv) any violation of any laws applicable thereto; provided, however, that this provision shall apply only if the acts giving rise to the claims, demands, penalties, fines judgments, liabilities, settlements, damages, costs, or expenses (a) occur in whole or in part during or after the term of this lease agreement, and (b) arise in whole or in part from the use of, operations on, or activities on the leased land by LESSEE or its employers, employees, agents, invitees, contractors, subcontractors or authorized representatives. The provisions of this subparagraph shall be in addition to any other obligations Short Term Lease Page 8 , ---'--~...__._.- -'---..,~_.~"---,-,...."----_._-~_.- . . . 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 agreement. e) Facilitv ooerator. For all purposes, LESSEE shall be deemed the operator of any facility at the leased land. f) Hazardous material defined. As used in this lease agreement 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 "hazardous waste," "extremely hazardous waste" or a "hazardous substance" under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this lease agreement the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. g) Environmental law defined. As used in this lease agreement 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, the Resource Short Term Lease Page 9 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. 3.2--Permits and Reoortina. a) Permits reauired bv other aovernmental aaencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this lease. Without limiting the generality of the foregoing, LESSEE shall obtain from the State of Alaska Department of Environmental Conservation written approval of its intended use of the leased land and its methods of operation and clean up plans. Copies of such written approvals shall be given to CITY immediately upon receipt from the state. 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 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 agreement. b) Corresoondence with and reoorts to environmental aaencies. LESSEE shall immediately provide CITY with copies of all correspondence and notice, including copies, Short Term Lease Page 10 . . . 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. c) operatina olano Promptly and before operations begin, LESSEE shall furnish to CITY a written development and clean-up plan describing in detail the operations to be conducted on the leased land and the plans of LESSEE to restore the leased land to its original condition. ARTICLE 4.--LEASE TERM 4.1--Temoorarv Term. Under the provisions of Section 7.05.410 of the Seward Code the City Manager is authorized to enter into short term lease agreements subject to certain conditions. LESSEE has reviewed the provisions of the Seward Code and understands and agrees to the conditions under which this lease is issued. This lease shall terminate 120 days from the date of commencement, that is to say on ft/jV5r~3 , 1989, provided LESSEE may cancel this lease upon thirty days written notice to the CITY. This lease agreement is not subject to renewal. This lease is further subject to approval by the City council of the City of Seward at its next regularly scheduled city council meeting. This lease is subject to suspension during the first thirty (30) days after passage of a resolution approving it if a sufficient referendary petition is filed in accordance with Section 4.8 of the City Charter. Short Term Lease Page 11 4.2--Additional Lease AareementCsl. Upon written request by LESSEE, and if he in his discretion determines that it would be in CITY's best interest to do so, the City Manager may submit for public hearing and approval by the city Council of the city of Seward a lease agreement with a longer term than this agreement covering the leased land under this agreement. The purpose of this provision is to allow LESSEE to seek approval of an additional lease agreement, should LESSEE so desire, which approval may be obtained during the term of this agreement. LESSEE shall be solely responsible for timely compliance with all of the requirements of the Seward Municipal Code with respect to such an additional lease agreement, including the provision of a request therefore to CITY in sufficient time to permit approval by the City council prior to the expiration of this lease agreement. CITY shall have the right to negotiate with LESSEE for any additional terms and conditions as deemed appropriate by the City Manager, including those viewed as necessary or useful in light of LESSEE's operations and compliance with this lease agreement. The City Council of the City of Seward shall have the absolute uncontrolled discretion to approve or disapprove of any subsequent lease agreement proposed by LESSEE. LESSEE may not rely upon this lease agreement as granting LESSEE any rights to obtain an additional lease agreement in the future. 4.3--Referendarv Petition. The parties understand, and LESSEE is specifically taking the risk that under the Charter and Ordinance provisions for the City of Seward, this lease agreement Short Term Lease Page 12 . . . may be voided by a referendum vote of the people, and that the grant to LESSEE of the right to possession of the leased premises prior to the passage of thirty (30) days from the date of approval of this lease by the city Council for the City of Seward shall in no way affect or reduce the rights of the voters to reject this lease agreement, in which case neither CITY nor LESSEE shall be entitled to any damages, or any other recovery against the other and all rentals shall be abated. permitting LESSEE to occupy the land in advance of the lapse of thirty (30) days is for the convenience of LESSEE only and should not be construed as granting any interest in the leased land should this lease be defeated in a referendum election. ARTICLE 5.--RENT. 5.1--Monthlv Rent. A monthly rental fee of $900.00 payable at the office of CITY in Seward, Alaska, will be paid on the 26th day of each month during the rental period or earlier. Failure of LESSEE to pay the appropriate monthly rental fee will terminate this lease agreement. ARTICLE 6.--USE OF LEASED LAND. CITY has limited land available for lease and LESSEE's intended use of the leased land has been determined by the City Manager (subject to confirmation by the City council) to be in the public interest. Short Term Lease Page 13 6.1--Use of the Leased Land. LESSEE may use the leased land for a wildlife rescue, cleaning and recovery center only and for no other purposes. LESSEE will not use the land in any manner which would inhibit the use of adjacent or other lands. 6.2--No Preferential Riahts to Use Public Facilities. This lease agreement shall not be construed to grant any preferential rights of use to LESSEE of any public port facilities constructed or maintained by the city of Seward. Insofar as use of those facilities is concerned, LESSEE will be sUbject to any applicable tariffs, procedures, rules and regulations of the City of Seward as they may now exist or from time to time be amended and LESSEE shall not be entitled to any preferential use. Subject to the rights of others to utilize the public facilities as set forth in any applicable tariff or regulation, CITY agrees not to obstruct or allow others to obstruct LESSEE's access between the leased land and public facilities. 6.3--Adeauacv of Public Facilities. The City makes no representations or warranties as to any particular part or the whole of CITY's public facilities with respect to their fitness 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. 6.4--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 Short Term Lease Page 14 . . . cost LESSEE more for its operations or use of public facilities and CITY is free to do so provided only that it does not pose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 6.5--0oerations on Leased Land. If any operation or construction by LESSEE might adversely affect the safety of LESSEE's operation such that the adjacent or nearby lands and facilities are exposed to risk or hazards, or a risk to the public interest, or if CITY is not satisfied with the quality of construction (compliance with Building Code) or the conduct of LESSEE's business(variation from approved plan), the city Engineer may determine whether the work by LESSEE poses an unreasonable risk to adjacent public port facilities or adjacent private facilities, and if he does determine such risk exists, then LESSEE shall pay the costs of his survey and immediately take whatever remedial steps are reported as necessary to eliminate the danger or hazard. ARTICLE 7.--CONSTRUCTION BY LESSEE. 7.1--Construction. 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 such construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. Short Term Lease Page 15 b) The leased land shall at all times be kept free of mechanics and materialmen's liens. c) LESSEE shall supply CITY with a copy of all building plans and specifications and a site plan or plans for the leased land. d) Any general contractor employed by LESSEE or its sublessees shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work L Jver $20,000. copies of all such bonds shall be furnished to CI _ prior to commencement of construction. LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurance or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. e) CITY may, as contemplated by Alaska statutes, give notice of non-responsibility for any improvements constructed or effected by LESSEE on the leased land. 7.2--CITY Review of Plans/Specifications. LESSEE shall design a wildlife rescue center facility at LESSEE's expense. CITY shall have the right to review LESSEE's preliminary design, to comment upon it and to require LESSEE to make reasonable changes to conform to safety considerations and so as to avoid interference with other port 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 submit a preliminary Short Term Lease Page 16 . . . design to CITY within three (3) days after execution of this lease. LESSEE shall construct the facility in accordance with final design specifications as approved by CITY. CITY's engineer may monitor the work and shall have access to the site at all reasonable times subject to compliance with LESSEE'S safety rules. LESSEE shall obtain the usual and customary performance guarantees from its contractors and LESSOR shall be named as an additional insured. ARTICLE 8.--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, anyone or more of the following events: a) Failure by LESSEE to pay promptly when due, and in no event later than five (5) days from the due date thereof, the rentals required to be paid under this lease or failure to promptly pay all sums due city including public fees or user charges for public facilities, electrical, sewer or other service charges related to the Leased Land. b) Failure by LESSEE to observe, fulfill or perform any material covenants, conditions or agreements on its part to be observed or performed under this lease for a period of forty eight (48) hours 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 Short Term Lease Page 17 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. c) 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. d) 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 State of Alaska or of the United States Government pursuant to the regulations of such agencies related to LESSEE'S operations on the leased land, for a period of forty eight (48) hours 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 Short Term Lease Page 18 . . . instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. If LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time extension provided herein shall not be effective if the effect of LESSEE'S operation is to cause a stoppage, interruption or threat to the activities of other users of public facilities. ARTICLE 9.--REMEDIES FOR LESSOR'S ACTS OF DEFAULT. 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: a) 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 provided LESSEE has refused to pay any sum due under this lease. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (A.S. 45.09.504) with respect to sale of property shall be a commercially reasonable disposal. b) CITY may re-enter the premises and take possession thereof and, except for any personal property of LESSEE which Short Term Lease Page 19 CITY has waived its right to distrain under sub-part (a) 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. c) Declare this lease terminated. d) Collect any and all rents due or to become due from sub-tenants or other occupants of the leased land. e) Recover, whether this lease be terminated or not, reasonable attorney's fees from LESSEE and all other expenses incurred by CITY by reason of the breach or default by LESSEE. f) If LESSEE does not immediately surrender possession of the leased land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the leased land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. g) 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. h) 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 Short Term Lease Page 20 . . . hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of anyone 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. i) 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 10.--CONDITION OF PROPERTY ON TERMINATION. LESSEE shall remove all improvements including utilities unless the CITY reqeusts that one or more particular improvements be left on the Leased Land. All improvements shall be removed by LESSEE within fifteen (15) days from the termination of this lease for any reason. Upon the termination of this lease agreement, LESSEE shall return the leased land to CITY in good condition, usable as it was originally intended. The leased land shall be free of all oil or other Hazardous Material at the leased land arising out of or reSUlting from LESSEE's operations at the leased land. Upon termination of this lease agreement, LESSEE shall pay for an environmental assessment to be performed by qualified engineers Short Term Lease Page 21 selected by the City, subject to LESSEE's approval of the scope of the assessment and the selection of the engineers which approvals shall not be unreasonably withheld, to establish that the leased land is free of all Hazardous Material and shall remove and properly dispose of any Hazardous Material found to be on the leased land. ARTICLE 11.--SUBLEASE OR ASSIGNMENT. The parties recognize that the emergency nature of the oil spill clean-up effort has provided the justification for this lease agreement. LESSEE's intended operations from the leased land are unique and not of a general commercial nature. LESSEE shall not be permitted to transfer or assign, or sublet any or a portion of the leased land without the CITY's written prior consent, which consent may be withheld for any reason or no stated reason. ARTICLE 12.--INDEMNIFICATIONjHOLD HARMLESS. LESSEE shall defend, indemnify and hold CITY harmless from and against any and all liability or claims arising from acts or omissions of any person and of any nature whatsoever occurring on or relating to LESSEE's operations at or use of the site, causing injury to, or death of persons, or loss of, or damage to property, and from any expense, including attorneys fees, incident to the defense of and by CITY therefrom except for claims arising out of the sole negligence of the CITY, its agents or employees. If any action or proceeding is brought against LESSEE by reason of any such occurrences, LESSEE shall promptly notify CITY in writing of such action or proceeding. Short Term Lease Page 22 . . . ARTICLE 13.--INSURANCE. Prior to commencement of construction of any facilities on the leased land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive general liability insurance, with limits of liability of FIVE HUNDRED THOUSAND DOLLARS ($500,000) for all injuries and/or deaths resulting to anyone person and ONE MILLION DOLLARS ($1,000,000) from anyone occurrence. The limit of liability for property damage shall be FIVE HUNDRED THOUSAND DOLLARS ($500,000) for each occurrence and aggregate. Coverage under such insurance shall also include explosion, collapse and underground property damage hazards. Such insurance shall include a broad form contractual endorsement. For non-owned watercraft of LESSEE or its customers any "watercraft exclusion" in the comprehensive liability insurance policy shall be eliminated. Protection and indemnity insurance shall be provided with the same limits as the comprehensive liability insurance for the use of LESSEE-owned watercraft. LESSEE shall also provide fire and extended coverage insurance for any buildings, equipment, machinery, vessels of customers or any other property stored or being worked on by LESSEE upon the leased land at replacement value rather than original cost. LESSEE shall provide Workmen's Compensation Insurance and insurance under the Harbor Workers and Longshoremen's Compensation Act, and warehouse and motor vehicle insurance and any other insurance required under any permit or tariff of the City of Seward, Alaska. Short Term Lease Page 23 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 29 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 a Best's Rating of A or better. LESSEE shall furnish CITY, on forms supplied by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the leased land or operation by LESSEE. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. LESSEE shall promptly, and without demand therefor, provide CITY with copies of all binders and policies of insurance. ARTICLE l4.--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 LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. Short Term Lease Page 24 . . . 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 five (5) days from the date LESSEE sends such notice to CITY or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this lease. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the leased land is subject due to LESSEE'S use of or operations on the Leased Land. 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 15.--MAINTENANCE AND REPAIRS. 15.1--Normal Maintenance. After the commencement of construction and during the entire remaining term of this lease, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the leased land, including any improvements placed thereon by Short Term Lease Page 25 LESSEE, in as good condition as received or constructed by LESSEE, ordinary wear and tear excepted. LESSEE shall prevent the discharge of any pollutants to any public sewer system beyond those for which the system was designed. LESSEE shall maintain all fire, pollution and other protective equipment in accordance with law. CITY may periodically inspect the leased land and facilities constructed thereon in order to ascertain the condition of the public portion of the premises 3ubject to compliance with LESSEE'S safety rules but the exercise of this right shall not imply any obligation to do so nor any obligation to do so in any particular way. 15.2--Safetv 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 forty eight (48) hours 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 reasonably satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then LESSEE shall make such repairs and pay the cost of such work. Short Term Lease Page 26 . . . ARTICLE 16.--FIRE PROTECTION. 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 (appropriate fire extinguishers and other fire safety devices). 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. ARTICLE 17.--CONDITIONS AND COVENANTS. 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 18.--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, 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. ARTICLE 19.--TIME OF ESSENCE. Time is of the essence of this lease and of each provision. Short Term Lease Page 27 ARTICLE 20.--COMPUTATION OF TIME. The time in which any act provided by this lease is to be done by shall be computed by excluding the first day and including the last, unless the last day is a saturday, Sunday or a holiday, and then it is also excluded. Where time limits are expressed in hours, the first hour to be counted shall be the hour after delivery of notice to the party affected. ARTICLE 21.--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. ARTICLE 22.--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 23.--GOVERNING LAW. This lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. ARTICLE 24.--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 25.--RELATIONSHIP OF PARTIES. Short Term Lease Page 28 . . . 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 26.--INTERPRETATION. The language in all parts of this lease shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the assistance of attorneys in drafting and reviewing this lease. ARTICLE 27.--NUMBER AND GENDER. 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. ARTICLE 28.--MANDATORY AND PERMISSIVE. "Shall", "will" and "agrees" are mandatory; "may" is permissive. ARTICLE 29.--CAPTIONS. Captions of the Sections and Subsections 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 Short Term Lease Page 29 aid in the interpretation, construction or meaning of the provisions of this lease. ARTICLE 30.--AMENDMENT. This lease is not Subject to amendment except in writing executed by both parties hereto. ARTICLE 31.--DELIVERY OF NOTICES - METHOD AND TIME. 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 29 and shall be deemed to have been given at the time of delivery or mailing. Where time deadlines are expressed in terms of hours, notice shall be deemed to have been given at the time of delivery to the person(s) set forth in the following ARTICLE. ARTICLE 32.--NOTICES. All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: 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: John Kerrigan VECO Inc. 5151 Fairbanks Anchorage, Alaska 99503 Short Term Lease Page 30 . . . Where time is to be computed on the basis of hours, notice may be given by personal delivery to the following persons: During regular hours of operation of city Hall: Max Royle FAX: 224-3248 After regular hours of operation of city Hall, by personal service to any of the following: Max Royle Darryl Schaefermeyer Chief of Police FOR THE LESSEE: Manager of Operations FAX: 561-2850 FAX: 224-7050 ARTICLE 33.--CHANGE OF ADDRESS. 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--NO THIRD PARTY BENEFICIARIES. Nothing in this lease is intended to create nor shall establish any rights in third parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first hereinbefore set forth. CITY: CITY OF SEWARD BY'~* ~ c ty Manager Short Term Lease Page 31 LESSEE~~~, BY: '01'1 ~ ~(i:::0 Its '"). .....,..d. rv\~r. APPROVED AS TO FORM: PERKINS COlE Attorneys for the City of Seward BY: ?~/p~ Fred B. Arvidson GUARANTY AND INDEMNITY Exxon Company, U.S.A. (a division of Exxon corporation), as Contractor for Exxon Shipping Company, agrees to guarantee the obligations of VECO. Inc. under this lease agreement and shall indemnify, defend and hold the City harmless from and against any loss or damage to the City resulting from LESSEE's non- performance under this lease. Short Term Lease Page 32 . . . DATED this Short Term Lease ?-7 ~ay of ~ , 1989. GUARANTOR: EXXON COMPANY, U.S.A. (a division of Exxon corporation), as Contractor for Exxon Shipping Company ~.~ \: .'jj /;/ . . J / , "'" /l/kJ/'V/~ By: l 0 armdrt Its:General Manaaer Page 33 STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ;2(Q day of ~o(lL, 1989, before me, the undersigned, a Nota~ Pub~ic in and for the state of Alaska, personally appeared .OAA(~ ~ ~o..d pi 1M "'~ f~("" and LINDA MURPHY, known to me and to me krt wn to be ~ ~:~City Manager and City Clerk of the City of Seward, and known ~--~o be the individuals named in and who executed the foregoing document, 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 set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Q~c~ ~.~ Notary Public in and forAt~~k~ My Commission Expires: 3 ~ I 't"1 2- STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ~ day of ~P~/L , 1989, before me, the undersigned, a No~ ~ig ip and for the State ~t Alaska, personally appeared ~~/5~O/.t of VEZ'2.V , known to me and to me known to be the individual named in and who executed the foregoing document, and he acknowledged to me that he was authorized to execute the foregoing document by authority granted him in the Bylaws or by resolution of the Board of Directors of said corporation for the uses and purposes therein set forth. WITNESS first hereinabove my hand and notarial seal the day and year wri~&dt~ Not ry ~b~C i ~nd for ~..,..s~9 My Comm1ss10n Exp1res: ~ 555/ajw Short Term Lease Page 34 '6 ~ "Z _'f'f."~,,,I'i', r"l17iJ1Jw<,l"),,""J -t J S "' a.. 0. \ '" 0;;::; ~ W \.. \1\ >, ~ ~ W<\l$ .[i I - ,.: ~..:>" '" I :ll '01- t 2 ; -;: l'" \ ~ ~I".)"'\.. d: -0 ~ u 3 r- \ \ ~ \ ~ \ Co ..." /"\ 1-;\ OJ " I- <!:. ; ~ 3 \ "3 h - ' '" ~ "1: \ "''' <!) .) \ l::; " . -,,z ~ ~ "'~-;'ll' I-~ ...l \ \ "" J ~ ~ j., '-' ~ \ ''; ) .. \ v ~ \ '- \ .;) ~ ,0 '" ~ \ ?:l \ .. \ '.\....... ~ ~ - ~ 1 \ ?. \ '-' - ~ (-l _I~ ~ \ ! \ .. ~ "'" 3 \, ~ I'"" .' \ \ ::. .ij., \ - \ \ \ \' 0f \ ""' - \ \ :s \ \ .J) ~1 \ '" " . "j...,w."fV\ r;.-y;. ... r-o . - \ - \ . " \ \ .h \ - ~ , -..J 1 r- ' ., ~1 \ ~ . \ l\ \ \ ~ \ \ . ; ~' \ .., \ '- ~~q-1l' \ \ .3 ' , ).. \> . \ \ J' \ ~ \ ;.. \ ~ ,. "A \ -:} ~ \ \\ \ \ ~ , 'l. . \ \ ~ '-:.~ .. , \ \ '9- e \ '9, -s \ ,'" . ,<<,1..'" ~ --~--~-----< .Y \ h,C6;r It ~ r;-!07) - - . . . ~lT~lT~ @~ ~~~$~~ DEpt'. OF BNVIRONMENT"L (:ONSERV-'TION April 27, 1989 Shelley Williams, P.E. Box 2396 Seward, AI< 99664 Re: Seward Sea Otter Rescue Center Dear Shelley, STEVE COWPER. GOVERNOR P.O. Box 1207 Soldotna, AI< 99669 EOC Seward Ph.: 224-7027 The Department has reviewed and approved the revised plans for the water and wastewater system for the Seward Sea ter Rescue Center as submitted by you on 4/27/89. You are hereby ranted permission to Construct. DEL:cf III April 27, 1989 Alaska Dept. of Environmental Conservation P.O. Box 1207 Soldotna AK 99669 Attn: Kirsten Ballard Re: Seward Sea Otter Rescue Center Dear Kirsten: A significant change in plans for the Seward Sea Otter Rescue Center has been made and warrants a resubmission of plans for the water and wastewater systems. The original plan called for six husbandry trailers, each with twelve fresh water, single otter totes for housing animals. It has since been learned, through the otter rescue efforts in Valdez, that sea otters rehabilitate faster and with a greater success rate when housed outdoors, in groups, and in salt water. There will now be only one husbandry trailer with eight modified totes (they have small haul-outs for the animals). A second trailer will be available for possible future facility expansion. The remaining four husbandry trailers have been completely removed from the plans. Outdoor totes and pens (that would hold two to four otters each) will occupy the space made available. The entire husbandry area will be plumbed with salt water made available by way of a pump submerged in Resurrection Bay. In the event of a system failure, a local trucking firm, City Express, could deliver salt water to the site. Also, fresh water would be available to the salt water distribution system. A backflow preventor would keep salt water from getting into the fresh water line. The salt water supply system is designed for continuous skimming of the pens and totes and for the added capability of filling one or two pens or totes at a quite high flowrate. Should more totes or pens be added to the facility in the future, a portion of the filling capacity would go to continuous skimming; but system demand could still be met by the proposed supply system. It should be noted here that a significant increase in the facility's nominal otter capacity would result in a fractional increase in water demand. . Seward Sea Otter Rescue Center April 27, 1989 Page 2 Submitted herewith, for your review, are the revised Site Plan (Sheet 1), water use estimates (Sheets 2 and 3), and salt water supply system details (Sheets 4, 5, 6, and 7). Al.so attached are schematics and narratives of the two wastewater treatment systems proposed by Harry Reed of Engineered Specialty Products, Inc. (one system for the salt water, and one for the fresh). If you have any questions, or need more information, please call me at 224-7667 or Harry at 224-8695. . .""" .... OF Al"_ .~::\t(......... 4n' '-L' ..' *.. U..L,. .~ .. e. ..., _ . :~""49TH \~~ f ::"':"'?1.~Jl;:! , 11'. Shtl ;(jf WiJlitml., 11 ...~" CE - 6985 .';' . . ::F.1'.. ..' ~.' , ~~.......... ~~~ " '"Prnr~ .." .,,,,.' Sincerely, ~ ~O..~~~ Shelley ~iams, P.E. Box 2396 Sevard AK 99664 . 5;; ~~ =-= ~~~ ~- ;~ ~88 -~ _ft". ...~ fOIft"', ~~~j 1-1 . VEes h JJ Po: 181:. C)ef\.A MJ D : c..leOl"l'~ ~t- C~Q'1;v13 ~ vooc.... '''''s..,f, .::\~~ As) 3 s--lz,.fo,~ 2 1S% 6~ \ J.. ho') f::; '5 ~fW1 sY '" ~ ~ S " (00 ,., . ":fS >< \). B\OO :Jpd '" FOr- l-l:zt."cl wo <; h" 11 ~ '-NIl'" -6CAI,' ~ 3Q-40 'J.Xft.Pr:. / d~ ~ \0 v.xJ.:.hlls (Q \ 9al~", ~s x 10 l( I '* 350 ::ipe! rDr- ~o cl ere po ...~ +, GIYI ; For .L'rOw, Y' g -fYo)<n \=;sh F~citAc.h; - SC4.! 3cOO :Wd. .. 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'::::: "! j.: - ~:.:..,-: -. _. .....-. ~.. ....- ... 600 ,... ~ ~: . l~: ::.;i=~' ~:~i~' ~i':~. ~ ~j~~; .~.~~:~ z . .. ::::: :~:: : _ :: ...;~~: . ~~: : ;:;x .:tti J1', ~ 500 48.ST AG ~~. .~. - __"'N. ~ ....,--+. -... f .., .-. W ' to ~ P :: t.......:.:~.:::': ::.:__ ----:.:-::: ::::;._ ~___.:~ J: .. ...:. ,. ~ ....;..;:.-: :.-: _.'f1:. ..:-=:: -- --r--''1I . ..J < . .' .:.:.. ~~ _::.:.:- C' .-. ~'-:::::=.'~ 6 400~:' :-. ::.. :':'':': :-..~::..l.._-:::._._ ... .' - :::- "::.: :::: -1i-:~ ~- .... .__ . 13 STAG S :::.....~- --.. . -..... f-'"....... 1-'07>- '-_ .~ ..1}iJ:ip. . .- ". - . .. -. --+- f-. ,...... "",". :-..,~ .. ,.-- .-r-' ..;"10. .. - -...:. ":'': :':.: ...- .-~. ..-+- i-"--- , . .. t-".'" -_.. ........... ....... .........-- .~.....-. .--... .i~~ 300 ..- ..- -.,. .... ... . .. -..... -~_. ....1... .~ rtti-. .::::::~'. tlrt -4., ''"1",. .....-. .-.++. +t'..... :.:::-::' :t.:t:t+1l tt .:;+t+ ............. .1'"-+-1...... "'"";'i"";' .~-+~ ... :.-::::t -:i::t ++t- ... ......-4._ ..J, .-.....- 't 'r+ ......, ~ '-~' ... ..,..-1--. ::.u.~: :''t .. -t-t-- ..~-.....i...~............-I..4. .-- :h: : /fl.HS PlLMP :'1'-., . . .'t.... -+H~..t.++t- ..; -;... ~Tntit~'r' ~.r;:- .. ;.~:- :--:.. : ~..,.. ~ ."t-+4-.t- -t- : :~~ ~~.1: :.::: :.n:-~m .~-,- .~ 0-. 1.+....... _ _._. t g' s~ AGES'.: SHP, :. j. ....... ........ ~...,; - .,.., 200 -.. .. , ! I ._.. _ 1.. _ It.. - '. ...- .-_.. I i&::t; "!i .,,: f ~ ~~~~E I 1h HP , ~ I ... .. .-t 100 .. . .... , I I I. 1 i I : . ~._~ I I I . i I : I oJ -.- -- " - -;.....,+.- , T ..__ -.--,-. - .- I -__A +H- :+-~ 1 -T-",- -.;.,-. . 80 90 sew At..O SBflf arn::(.J eE.Sc.u...E.. These curves are besed on full diameter Impellers. CeN('~ Refer to the single stage performance for sizing the pump to meetlhe requirements of a specific p application. ~eui5E'd VJo.~f ..t $WJ(!.f" 10.1"\$ A,:,..;I 21-, lq~ FAIRBANKS MORSE PUMPS pu/..lP ~-r '-+A at: l' I WI2.Vf 40 50 60 70 U.S, GPM J-)D, 00 ~ ) j) )H' ~ l.., ( :.... :l ,r\..~..t.-: C'- ~/ , - II _J.. !ii ~i! == ~- uo: .- ~g _C"O.- -, ..,..,.,! ..;~~I iei . ...:. ,., ". .;:t~:f''f'~:'~ :~.~i": <; :', ,..."'...ftW:- ,,,..,,,,,,,..~ . .'-'Y.'~.:/>;. ~ -." ;..}~.~,. W.....;...~'.t~..~~..~.~..~~ ..r~~~., ' ~.: 'j. ;.'~~ . - ~!;:::.:~~ ~~;~: ..~;~~ ~.J!'t.t'::~~ ;~%~~J' +;'I{~<.f . ,"'!. iJft~~/,..:. . r. )~.~~~~:.?::~':;?~\. " ~:', ~.~: ~.i~~' .1. , ," 8 (>)8'. / cv a ').~T; ;.;'::f;;i.,~: . ';:..:., 'f. . .... ~.... ~:< .;<:(~;.~e~ 4\ 43 58 40 47 45 53 ~ Nautical Mile 0---- I o Yards 1_...... 100 0 500 5~~'JP\t D SGA DiTOC exscu.6 ceN\~ NO"fS: SoL.I f'd l"~ S oJ"tl.. MUlf' 'U;Jwtr \ " fZl. ~ 0 W' 5 oS L0w IJo.'t..r. v.2eviscc:l lA.k\~l1( ~ Sewer P(ttrlS PIp "". I '2..~" \.'1e.C) ~+Noh. &' rU\l::>S: J.~\.l",e(\.\-~d sUl-VY'ltnJd deiDris rra..y 2.\( 'st"...:\;'on. ;,I.. '2.D ~+'I\OVY\ clLf*h (..u.(\Jl. ""'-d -I-herc.+VrL c.o~_/~"':'~-l-.(. 0... ckY'~er ......, ,'(I j3o.....,cn . " 'S~L-'1" WAT~ 5Uf>f'l-'1 ; 6\-'iX:.'\ 5 Di=- -:} l P l.PIN V I ew . www =~~ ~H ~- www w_ U% ~- ~gg -. -..... ..., "",PI, ~::;J iel . . . // 3 <..N. C;revf.t>~~6 '1~) =' -- 3S:"C,O' oJ~ wrst~P-&n."'4 ~ - e' . ~:;.~~:i' "'::' . :':;.." . TtPCT ,,' ." . Apprn. ~ \...F. ;L" C.f1<<il,,~) t-\D1'6 ~\'lJU",d -o:;;r- t '+- i '-to - ~'j: i \V ~... , (pu"^p we'.3\'~ ISO l6. t) / / / Y hL!.+ L~J.. ~-n..'" 0. ",,6 I, '.)- lS- e>'? ;0. '-t- u> -8" 6.~' M J;,L. PovJtr- tAl..tL. 1z> f'rL- , M.S.L. o ~:-~~ ~ ~+- -r:d<2. B.nAI'" 4-~ a.."cl \O-tS'!l"l - "".s!- ~.~ , -J 01} ...,. < ~~ ~.~ ilk ..,,;.... .;r, . J ')- hr 10 :Jr'" sub"'-lf!.lbk. wtll fU"'f) ',... 4" PvC- "sh~u.J " ( ~ fbru W<O.~ po.- ~ ~ I""o1or) ,,-~ci ",...c.a.S<'d '" '/,+"(t;.) W'\('t. mL,h v.:u.J t Sc'_'~~,HI j : BeL, rcl"'.) ,+ -r(~IC+ ~ '>ff~""1 f"'''''';: ,:>-4.;.+..,.,.: "-'L (~(,O..",,- ''''''", "LLW; I-lL-1..W' -~,'1 ""'<;.l., ~P,e.P ~0P\ DiiSe. e..sSCJ..U: C~ Lev"~ol Wo.YU-" <St.uJer Plo",'s ~.\l '2~. \q8~ ::,H'cc, -r ~ oF- ::r f SPlL.f WAlBe SUpPt....Y ; Pe.O~IL.E ,.... "} ~ ..~ ::.. r::' '~ ~ , '- 1.1 -J ,.2 "7" '" Q " "\ ~ ... - - J " ~ '.+ ... '-.l. _ r-. ~ ;; ';c - , ~, "" 0\ ,,- "'.i i'- '" .;3 f' ~ ,. . LAND BASED ON NA T10NAL QEODETIC VERTICAL DATUM OF 1~29 MARINE 8^SED ON MEAN LOWER LOW WATER 9.1 HIGHEST RECORDED TIDE - - - - , lflov. 22, 1949) 14.8 + I." '-0 (1..";/ ''I 10blts ~,S t\1(,'~S'" I'DE b'01JN, J '-t-le; 1'''1 ,,, .)-';- ">0 1"1.0 4.8 3.9 MEAN HIGHEST HIGH TIDE , ... - - .- MEAN HIGH TIDe . - 10.5 9.8 0.0 -0.25 ' ~.~~~_yeRTlcAL DATUM ___u._. _ 5.7; 'MEAN TIDE. . -_. -. - - 5.45 r - A ) ,i! "-4." ;! -. 1.3 MEAN LOW TIDE ; i -~.iJ' .- MEAN LoweST LOW TIDE , 0.0. -q,C; LoukS, I. :.", 4-Z5 'C\':', ~~ ",....~ a _..v " 'f /J t}, ! -=,'-15.-:-~"} -9.9 _~.o.Yi:~T,.:T1DE ~E_CORDeD (JAN. 14, 1930) . i l'5.g l4i.... l;J,~ " l' - I.g : '" r. hi ~",..lO' d ~ - 0.1 c.of'I". (,,( C::. (L.0v--I -r .J, ,) - :) ,1- 58lvAe..O SGA orrEL- Ie' [ SC ll.E UNIC~ Re.V'SQo1 .,,,IO-'r 0\ ~i'..iJ<r r". ~ A-j:. rO I':.? I C) dq TiI)Ai- c\-l'€.Si-:j. 2't:-1-- I NPOt."-';;''-- )~J .------ ~el\era' purpose Worksheet . PliO' NO. 6. /0'1;; '\ 1\ .~ ~ /-:') t:. .() 'l\ ;! 11 7~\ '~ ~o \) ~ ) \) ~ ':!:> 1> b ;l'> (' 1\ c '-\ "- 'b b I;' N ;'<: . Q l" T\ r- " 4 L. ',,, i\ [\ ;,:> ~ "D. ~ o -> - oata4 _ ;2.1- 3 ~ ......... ~ ....... T\ If> ;) In ") ::r:: N t3 () .", 0 \;) '\ ~ ~ ~ Fl I Co ! ~ b I , j- ~ u' ',~) ~ () ~ ~ " ~ .' \; -t:, ~, ,..... 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',',' ...d J_U ....../.'_y ,I... . f-l /:/~.'':'''''--'l J-.-...../J.:... 0'.':1- :,..)"~J -1.-1 , )/_,;,; . L-n) .u./ _Vj// .//"..-?.-!..,/ F' +.-ZL~ I /6-"'/l.A- y^- ~ ~. ~~ ~>>j~ /; ~'~I ,.,<.':~. . -o'J,,:.::.vJ , .UI '.' .,..; ~ ~ //J.,.-.)'-'I'pe..l --+-/:1:1.....~~. J.<- ,.j, 1/ .I': .=..s. " _', -. ;!u-'.. .. . .') l~J. '.0" H, J.. .J.,.o.-....J.r A--I;.J ..;;.;J. ..J.-u /J;;".u.. j" /J j, G l),/I '." j) J "/ "A ,I.,., " ,'. )-J'I .II.".} ..)'....". ('r/.....,l -',~_~./_'t.- r /~i+." .' .'I_J~ """f....-r".-.r~ __0", - <t. ,'~,...,,;~ .J~~_t,._I6C t, /.~.'-. / )..L.""- ,'....... .t... ,"';10. J/..l... .1._" j ...'r... .,l; """';,,,,,-(;:;r/. 2-.<4.')...JiL /b ':..,~' '.J :zI..u... ('-> , ,).. . I I..,' ")..1;, (LtL-lk. ..:-':~..:.-" . V~ ~^-J~ ~~~...... ~jJ ~ """../~~I. '-t -=.JJ.... !-1"j:. J-L....../.- .:..-.--(":..b- >-',_ /.../.... :;A. :;l...U /.<.d.;..... ."J/...iJ. ,J....l..".,) ~ /.J~ /.J.-u-' './J~ I~".:t 7;J..........-"';A fl-i J,~. . ~~ .-.A-J.) .-/.J 1,'4-- /Ii.:,."",) / _..c.,;,'I'''_..i- J..L"'~~"" ) _~' -" 0 ( ( /k-,-,.J /i-.di;.-. ~~ .~/:/.!..L-".:I.;.t/...... b7.{ .) ....r.J-'-U.. ./.d.-lz..... :,u.:...u. ).J.-"-'1').A ...-.JJ .J..y-..~.bo . . L1 :) ,I ",.- _J' l }. h- i 1"1.. :t7->>)~ J.f;"""'" ~;U..w... ,~Z t,.. /JV..:....... ~ A...,,-,~.....J.6. ~ F '" h'1~ ?'..J<-'A4~1' / ...------- ~ .. " 0&1.4-)1-' Ge"eral purpose W orkshee' FiI. ",.'.. V \^ ~ ~ ~ \J\ t> ~ r ;) \2; ~ ;l \\ (-. "-:::---=:::~J..! .J- ' ~ \ x ~ , -0 ~ .~ ~ -\ .,.. 0' o' l)<"2.1fi\\ ~.~v -n ..h. '" T-rt " . -.::; 1> i' l> ." ;i 0 <.. ..". 1:> ;0 1'\ ~ -I 1:> I{l In ~ "0 - . i\ " <; \~ C'> - - 0 ~ ~ )) ) \J\ ""to () Q ~ ~ ): b ^' r @ ~ - ] Cl 1 If) ~ . ~ ~ 'l> ~ 7f:J ........ J> .....; ~ -" :r ~ t- 1- o -0 i'"' 1.. ~. (\ ~ m 'l- [l) r, ~ " > 't. ~ r1 IJ' ~ ~ 1> "'- ~ Q 1[\" o !. 'f !1) -r -- "" i \' 1 ~ \~@~. - ~ 1 ,- ~~~{: ~ -:p )oj ~ 'i '( \J\ n \J\ -. s. ~ ~' ~ " I' .. .. @ Ii '\ J:> -. ') )( f':> ~ \r ~ 'l II 1 , ..~ \> _to. ~ 2.' ~ ~ ~ ) 11:1 Ii\ :r - <> Subject Pig. No. :L. 2.. File By ~ Dale 3-:2 ~ A. ~~ ~-t; "D~", "~ /Z-~~A- @ ~~..Z;U 4tA..- i -*k Y.-W.- ~J~'~' ~. -:t~./.L..Ld r~ L A:,.F'; ~ ~ .L _p...,.,t c"...J-..;t; 140 ~. 8. U~^,Id:.~4~~~~a~ t~~~>~:zLt ...AA.J.:}v.J~..5 f: ,.a..~ rUJ.....~/.ff..Jf..,A.A.> ~aAa- ~~..-<. t2~-7:J.4-'_.<'~ .;t; ..:f;u.J-::;cL. ~:vdiA-.- V~.:.i- ~ ~$ ~ 4' ~.Q.. 25aa ~~~c..@,.,~<-a,{L~~;).M12~~ :>>~:J;4- iJ...il;1.A- Z ~ .J..l..t~~ I(}.(~,.L-<<:'~w.:.u 4~~ ~i..xb UJ~. D. ~...u~ .-4..~~.x;~..A.A..i .17;" ('~-i'1-~!~1 @a.-..Q -a.v.,"f,l -k_........~ ~~ //i~---I..d..t-. _ I::: /-tu-A..'h'.L 1--/ . :.l{J, ~-} ~~ a~.,.) I~~"J- ~~~. _~..J- P d -- /1'; )<J. 7tt~.~_u.:1--7' .4- ~ f"-}"-Ld4. "'O.,CL1~7'.,_n ---- ~------ .- ---- .--- - I"~ , ' ~ ':, "~I ,.------1 \ ~ -- \\ , ~""', ~__'~ ~ ~\ ~ ~ -') <t '- ~ ~ " ~ .l':; .,..-" '" <. ~ 1_ V' -" '- -...' " - '< '- ~ " _ ..... _ ~... \..~\ ") C. <. !I' ~\ '" 0 .' 6 ""/' ~"", ;'0'~'~'::' ';;:J -; I... - .....,..... C"'- a.. <: S":>- to.-,. <.' - ... -'~"'" <:. :.J;. ;;,-0 .... .r: ~ :: ~:e. ~,"'-~~ v.:'~'::; &..v) ,.. e <>-.;;:, ~...'.'a; c ~\~,~\0' ' \~, \ ~~ \ \ \ -J' ,0. r ~ -'";\ ~ '\' \ \ ' \ ..------ \ \ -./" ..- ,,~ ,.< ~63 ^~~ ~~ -;~;. ,0" ,~s; .<,"0" ~~':. ~ ,;';".; ~ - .\.\ , I . \ S S> I ~\ \ ~\ ~' z. ot. . '''' .", .C> -& ~ ~ ...) '-l!; '''::l ~'~ ...., , t.1 \ k\ ' -' ~ . , " - \ / .~ C" <1 () ^2. ..;' \ '-' ...0 ~ __ __ _-----------'" 2- '\ \- -::: .- ~ -.1\ ':... , ~:: .....; ~- ':;:""\ \~ \ \' I..) "J... v '~t. . \-.T -r~ ~ k\.'- W ~ .:. G -~ - c . - -' ' o--:?':;-\ z.. ;:/ "" 1:. \- ~'" 'l: I.U _ ~. \:.2- --; -.(. ,~ ~ ~ ~'v~ ~ 'oJ') \ \ ".... :..'- .,./ i;; ~ - ~ .;. . ,f\ <:lS --- ,J "" '3 <.,) II . .\ '!;!..." <~\ 8- S~ ,,'I- r . -z. -0< ...- ~ ~ .li) ... \ \ \ I , \ 1\ ~ <:l ~', \--" <>~ '" . ;~n ~~'.:' \ ' J' \" ~ .s. So \ -:l '."'" \\' ~ ...:. ~ .J ~ o \ \ \ ':r '- \ ""3\ \ .~\ \ i . .' ). .~ ~ I \ t ~ , "' \~\11 "" ~"'- ).~\B ~ I - > , S.;ilfi/\\ II' i:', , II i I i ~ ' , II i ~ I i.\ 1('\ 1,\'; \ 11\ II \ (\ lit ~_J \ \,?) 1\ /1 STEVE COII'PElt - GO\T:llNuR DEPT. OF ENV'RONMENT~L CONSER\li\TION I / .....- ( I ~........, . -' \,. \ ....j '.>t < n ..)~ u..' (Ii q April 18, 1989 Rex R. Coulter c/o Shelley Williams 222 4th Ave. Seward, AI< 99664 Dear Mr. Coulter: The Department has received your plans for the construction of an emergency otter rescue center. Upon review of these plans and dis- cussions with your agent, Shelley Williams, P.E., these plans are hereby approved. You may consider this letter as an approval to construct. KKB: cf . April 18, 1989 Alaska Dept. of Environmental Conservation P.O. Box 1207 Soldotna AK 99669 Attn: Kirsten Ballard Re: Sevard Otter Rescue Center Dear Kirsten: Submitted herevith are the proposed plans for vater supply and vastevater disposal at the otter Rescue Center in Seward. As you knov, the facility is being constructed for the emergency situation created by the March 24 Prince William Sound oil spill. The facility's purpose is to clean and care for (i.e. rehabilitate) otters impacted by the spill. The facility would be temporary. . Water supply would be via a two-inch service from the City's netvork (see Site Plan, Sheet 1). The facility would use on the order of 35,000 to 50,000 gallons per day and would have a maximum instantaneous demand of about 60 gallons per minute (see Sheet 2). Use by type of activity and the associated waste- water characteristics are as follovs: Grey water with high concen- trations of Dawn dishwashing detergent and oil Grey water with lesser con- centrations of detergent and oil; disinfe~tants, fish by-products, and some bodily fluids Filling Husbandry Totes 31,500 Fresh water with (disintegrated) (max.) otter feces Lounge 700 . Domestic wastewater. l~{ ..in "",,-,, f.(q~~, _\X,Jtr w,u... olX,' '(('('l!'.J fC\\'-\1.~) It is proposed that the grey waterlbe filtered by the system marketed by Engineered Specialties, Inc. (of which you are very familiar, from your communication vith Harry Reed, of that company). Filtered effluent would be discharge into Resurrection Bay by yay of an abandoned sanitary sever. Its outfall is intact, hung . beneath the Institute of Marine Science Dock. 'The freeR 1Tatel'-- ,( wi..t.h.-A.isintegratad_JJt.:t.er -!ec.e..s . w.o..uld..be. feQ-..direetly:-4.n:l;Q-Re.51.u'~_~n \ a:-J "Ba.y (n.... filtraJ;.j,on.)...-a..l.80-b.~.-OL.J;he.....a.bandonea-'se1fet'7 ~F_ 1'\~/~"\ sh...ll hI> nn....hing in +1:11& "'TILlite'Tater" taeA;-dee~-oee~~ltrl!llly "\ - \' Cleaning Animals 10,800 gpd Cleaning the facility, 1,500 Handwashing, Food Prep, Necropsy l Seward Otter Rescue Center April 18, 1989 Page 2 \.~,{ ;fr i:n--'llhe--Bay. 'I'hlitl';-~6ere-w&uM-&e-ne--adverse- effects-on the -f:S"j ~-\~ - , "r.e~eiving waters"'. Wastewater generated in the lounge would be fed into the City's collector via a line into a nearby manhole. The water lines and sewers within the facility would be ABS or PVC and would be hung from the bottom of the 8-foot-wide wooden walkways between the trailers. (See Sheets 3 and 4) Where the service line to the lounge crosses the City's sewer, a minimum of 18 inches of vertical separation would be maintained, and the water line would cross over the sewer. Otters are suffering and dying while we humans scramble to get through planning, logistics, and hurried construction. The Department's expediency in responding to these plans would be greatly appreciated and is certainly warranted. If you need more information, or if you have any questions, please call me at 224-7667. i .....,....,-. JI.. OF Ai. ''', ''''<..~.,....... .1.s It, '1. ~..' ik '.'f- +. I", ~ ''1' '~:' 49'ill7- ". *. " * . ............. "..r'.~."...'''.~. ,,, - II ~tJ.\~4.~J:~\'~.uM' :h\_ '# .. SH.,~1 J. wHlI.",. "!o.: f. ~,:-.. CE. 6985 /<:..~ I . o'!;-;.. '. ." ~ I ',""t .........""~'" ~, \1 Protess'r,;........ ""........ " 'l Sincerely, r)- . 1 4.1 ,,- "-\ t~, ~.lI'K L ,,~ !,. t, ",.' .~ Shelley Wj~liams, P.E. Box 2396 Seward AK 99664 . I' i Ul . (s-hm~':"'c \)o,k; ujo \t-,..\...s'cz.. - For AnlfY1eti Clean i "'LJ I' G ,_ '* (.A..( <.1.1\.., l'j t-N ~. c.o ~n ~ \-;et'; C\..; 1\, I l~ t,- '+ sh~a-(\s ~ ~ 5 ~f/Y1 ~ 7t<;O!u '* 12 -hcru.rS "" Lf "5 'I-: r.,0 l( .1-5)<. (z.. ~ l D) 800 q p~ ,.... rvr hill r9 'r-+u<:':";(1, 'lll 'I T*~ ("""",,)~ -:r).. -+z:,+tS e. do ~(\ Sid (/L7 31) 500 jpd or less @. Z \0 3~1l",~ l' l 2." ,\ . "2.W 1 !-1 Q.I1~) ,/ II .l.\ -~ \.48 '1'+" .-- ... <<< ,,~ ~ss !!~ 000 ...~~ -...... ====~ ~~'.;I = ~~.i . FOr f+o"'c.\-wtls'~1Y19 w(ii' -+;"c:I:~1 30 -L\-Q l)Jor l..e IS / d ('AI Q. \0 Wo.s:Vs i2- I 9Cl\' cr . -;::. '.::s x 10'<..3 -= 350 CleJ FCr me<...; ere(>>ro:'-lcn . 60....,-/ 300 qpd of I"Uo..Skl....c\-"( Cm...."\'! bY ~uJ.,'" mY"" +;~~ pr1ltl.v.~J,;) for tzw""'9 ~; (:.:.., IS .. t-Jtc..~~<"'1 \-\v ~ b a...v,J ~ [0.' 1(1 ~ -: F~ 0 J ~ (er" (11+ .06>>' s I ~+"'I ') ::0.\/) c lLoY1'ufs / +w,. ~(-! d~ G 2.5 3P~ -hIT \0""""Y1 / ::: \4- '1-:2.." 2S "'10 -;::. ~oo Clpd iVtoppi vi., .OU-.r Aol1.) 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