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HomeMy WebLinkAbout10122009 City Council Packet7- 'MW,' W&W 4 Af 1963 1965 2005 The City of Seward, Alaska b3ft3d CITY COUNCIL MEETING AGENDA All-Amefta CRY {Please silence all cellular phones and pagers during the meeting} October 12, 2009 7:00 p.m. Council Chambers 1. CALL TO ORDER Clark Corbridge 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2009 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT Willard E. Dunham THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Vice Mayor [Those who have signed in will be given the first opportunity to Term Expires 2010 speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] Robert Valdatta 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2009 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Tom Smith the item is returned to the Regular Agenda] Council Member Term Expires 2009 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards Vacant 1. Gavel and plaque presented to Mayor Clark Corbridge for Council Member excellent leadership and dedicated service as Mayor of the City of Seward. Term Expires 2009 2. Gavel and plaque presented to Ron Long for his excellent leadership and dedicated service as Seward's Representative on the Kenai Jean Bardarson Peninsula Borough Assembly. Council Member 3. Fire Prevention Month Proclamation ............... Pg 3 Term Expires 2010 B. Borough Assembly Report C. City Manager's Report Marianna Keil D. Other Reports, Announcements and Presentation Council Member Term Expires 2010 1. Report on the Shellfish Hatchery by Jeff Hettrick. 2. Budget Introduction Phillip Oates 7. PUBLIC HEARINGS City Manager A. Resolution 2009-095, Authorizing Termination Of The Jean Lewis Existing Lease With Gerald Lorz As Assigned To Daniel And City Clerk Linda Lorz And Authorizing The City Manager To Enter Into A New Lease With The Darling Family Trust For Lot 5A, Block 1, Cheryl Brooking Seward Small Boat Harbor Subdivision, Plat 2000-19, Seward City Attorney Recording District, Third Judicial District, State Of Alaska.. .Pg 4 City of Seward, Alaska Council Agenda October 12, 2009 Page 1 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Resolutions * 1. Resolution 2009-096, Revoking Resolution 2009-089, and Stating An Intent To Fund $4,060,000 For The North Seward Water Storage Tank & Pumping Facility Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Drinking Water Fund And Authorizing The City Manager To Accept A Loan Offer From The Alaska Drinking Water Fund With Payments Subject To Bi-Annual Appropriation.................................................................................Pg 47 *2. Resolution 2009-097, Authorizing The City Manager To Submit To The State Of Alaska A Grant Application For A Federal Grant For Providing Public Access To The Seward Cemetery Information Requesting $8,881, Including $5,329 Federal Share And $3,552 Applicant Share In The Form Of In -Kind Volunteer Labor...................Pg 50 *3. Resolution 2009-098, Accepting Reimbursable Historic Preservation Travel Grant And Appropriating Funds Totaling $3790 Including $2274 Federal Share And $1516 In - Kind Volunteer Labor Of The Seward Historic Preservation Commission .......... Pg 63 B. Other New Business Items 1. Discuss Shellfish Hatchery Update. 2. Approve applicant Frank DeMarco as Planning & Zoning Commissioner with a term to expire February 2012..........................................................................Pg 79 *3. Council certifies the October 6, 2009 municipal election results as final ......... Pg 80 *4. Approve council letter of support for to submit Seward Mountain Haven Project in the "Just a Darn Good Idea" category for AML's community awards......................Pg 83 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City o[Seward, Alaska Council Agenda October 12, 2009 Page 2 PROCLAMATION WHEREAS, fires are often caused by carelessness and inattentiveness to situations that cause fires and injury; and WHEREAS, the State of Alaska has experienced significant fire related deaths; and WHEREAS, the Governor of Alaska has proclaimed October as Alaska Fire Prevention Month; and WHEREAS, the City of Seward has experienced low fire deaths because the diligence of the community, the investment it has made in its fire service program and the dedication of the volunteer firefighters; and WHEREAS, even one fire death in our community is one death too many, the City Council requests the citizens of the community of Seward to participate in fire prevention every day. NOW THEREFORE, I, Clark Corbridge, Mayor of the City of Seward, do hereby join with the Governor of the State of Alaska, by proclaiming October as Fire Prevention Month and encourage all citizens of the City of Seward to protect themselves from the dangers of fire through fire education and safe practices. Dated this 12'h day of October, 2009 Clark Corbridge, Mayor 3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING TERMINATION OF THE EXISTING LEASE WITH GERALD LORZ AS ASSIGNED TO DANIEL AND LINDA LORZ AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH THE DARLING FAMILY TRUST FOR LOT 5A, BLOCK 1, SEWARD SMALL BOAT HARBOR SUBDIVISION, PLAT 2000-19, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of real property described as Lot 5A, Block 1, Seward Small Boat Harbor subdivision located in the City of Seward, Alaska; and WHEREAS, in 1988 the City of Seward entered into a Lease Agreement with Gerald Lorz; and WHEREAS, the lease was assigned to Pauline Lorz in 1996 and later that same year assigned to Daniel E and Linda S Lorz; and WHEREAS, Daniel E and Linda S Lorz desire to be released from their lease obligations and are not in default of the lease; and WHEREAS, The Darling Family Trust desires to enter into a lease with the City in substantially the form presented at this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. It is determined that the essential terms and conditions of the proposed termination of the Lease with Daniel E. and Linda S. Lorz, and the proposed Lease with The Darling Family Trust for the real property described as Lot 5A, Block 1, Seward Small Boat Harbor subdivision located in the City of Seward, Alaska is in the public's interest. Section 2. The City Manager is authorized to execute a Termination of Lease with Daniel E. and Linda S. Lorz, and to execute a new Lease with The Darling Family Trust, each in substantially the form as presented at this meeting. Section 3. This resolution shall take effect 30 days from the date and posting of adoption and the authorization herein shall expire if the lease termination and new lease are not executed by all parties by December 31, 2009. 4 CITY OF SEWARD, ALASKA RESOLUTION 2009-095 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this October 12, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor J COUNCIL AGENDA STATEMENT Meeting Date: September 28, 2009 Through: Phillip Oates, City Manage,---* From: Kari Anderson, Harbormaster Agenda Item: Tenninating Lorz Lease and Authorizing New Lease with Darling Family Trust BACKGROUND & JUSTIFICATION: The City is the owner of real property described as Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, Plat 2000-19 located in the City of Seward, Alaska. In 1988 the City of Seward entered into a Lease Agreement with Gerald Lorz. The lease was assigned to Pauline Lorz in 1996 and later that same year assigned to Daniel E and Linda S Lorz. Daniel E and Linda S Lorz desire to be released from their lease obligations and are not in default of the lease. Hugh and Iris Darling of the Darling Family Trust desire to enter into a lease with the City in substantially the form as presented at this meeting. The Darling Family Trust has purchased the building known as The House of Diamond Willow. They now request to lease the property Lot 5A, Block 1, Seward Small Boat Harbor Subdivision. Presently it is used for storage space, but on or before July 1, 2010, it will be used for a Port and Harbor Related Retail Business as stipulated in the lease documents. If approved by City Council, the consent to tenninate the Lorz lease and enter into a new lease with The Darling Family Trust would be in substantially the same form presented at this meeting. The consent to tenninate the Lorz lease and enter into a new lease will be effective in 30 days. The assignment and release will not decrease the rent paid to the City. The new lease includes an annual adjustment to rent based on the Anchorage Consumer Price Index. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: To approve a lease assignment of Lot 5A, Block 1 Seward Small Boat Harbor Subdivision from Daniel and Linda Lorz to Hugh and Iris Darling (Darling Family Trust). The current lease with Daniel and Linda Lorz will terminate, and the City will enter into a new lease with the Darling Family Trust. ATTORNEY REVIEW: Yes 1� FISCAL NOTE: The rent is Five Thousand Six Hundred Dollars ($5,600.00) annually, subject to fair market value increases every five years. Upon execution of the new lease, the rent will be subject to annual CPI increases each year in between. The last appraisal rate started on January 1, 2006 and will run through June 30, 2010. Approved by Finance Department , �/kv RECOMMENDATION: Council approve Resolution 2009-q_5 Authorizing Termination Of The Existing Lease With Gerald Lorz As Assigned To Daniel And Linda Lorz And Authorizing The City Manager To Enter Into A New Lease With The Darling Family Trust For Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, Plat No. 2000-19 In The Seward Recording District, Third Judicial District, State of Alaska. 7 After Recording Return To: City of Seward Attention: City Manager PO Box 167 Seward, Alaska 99664 AGREEMENT TO TERMINATE LEASE. This Agreement to Terminate Leases ("Agreement") is entered into and effective as of 2009, by and between the City of Seward, Alaska, a home rule municipal corporation, organized under the laws of the State of Alaska whose address is P.O. Box 167, Seward, Alaska 99664 (the "City") and Daniel E. and Lvnda S. Lorz, husband and wife, dba The House of Diamond Willow, whose address is P.O. Box 1137, Seward, Alaska 99664 (the "Lessee"). WHEREAS, the City, as Lessor, and Gerald S. Lorz, as lessee, entered into lease No. 71-063 dated October 12, 1996 (the "Lease") for the real property described herein; and WHEREAS, the Lease was amended and assigned to the Lessee; and WHEREAS, Lessee is not in default of its Lease obligations, and the City and Lessee now desire to terminate the lease; NOW THEREFORE, IN CONSIDERATION of the foregoing recitals and mutual promises and covenants herein, the parties hereby agree as follows: The Lease described in the above recitals encompassing Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, as shown on Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska, containing 4,250 square feet, more or less. is hereby terminated effective upon execution by all parties to this Agreement. Each party has full power and authority to enter into this Agreement and no fiirther action or approval is required to cause this Agreement to be binding and enforceable against either party in accordance with its terinns. LESSOR: THE CITY OF SEWARD By: Phillip Oates, City Manager ATTEST: Jean Lewis City Clerk STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) LESSEE: By. Daniel E Lorz By: ,l Li da S Lorz The foregoing instrument was acknowledged before me this day of 2009, by Phillip Oates, City Manager of the City of Seward, Alaska, on behalf of the City. Notary for the State of Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this `tii day of 2009, by Daniel E. Lorz.. 0%11111II11"" °s o� Notary for the State of AlAta Uk(S Tur oZpRY My Commission Expires: I _ P Ug�, ✓q 13,E �C` OA �lv ''% fir, 4E Wa `��� �/�N1��`� Page 1 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this f b day of hs ✓, 2009, by Linda S Lorz. LEFLEI''�''�, Notary for the State of LA-t n vt tu/ My Commission Expires ��''�argTE OE'�P�`\°• '////1111111111141\\\\ LESSOR: THE CITY OF SEWARD By: Phillip Oates, City Manager ATTEST: Jean Lewis City Clerk STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) LESSEE: By: ` Daniel E Lorz By: 4- —, S Linda S Lorz 7 The foregoing instrument was acknowledged before me this day of 2009, by Phillip Oates, City Manager of the City of Seward, Alaska, on behalf of the City. Notary for the State of Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ID day of 4 i-, 2009, by Daniel E. Lorz.. . �'eES No ry for the State of Aiaska My Commission Expires: i O •. O Page 1 1i STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this lU day of ✓ , 2009, by Linda S Lorz. Notary for he State �of My Commission Expires: �IV O. ov JANOPP-1 �Q STATE rrrirnn�ti��" I r) 13 PERSONAL GUARANTEE To induce the City of Seward, P.O. Box 167, Seward, AK 99664 ("City') to enter into a Lease Agreement with The Darling Family Trust, P.O. Box 149, Seward, AK 99664 ("Trust") effective _ , 2009, the undersigned personally guarantees payment of all obligations ofTrust as described in the Lease Agreement. The Lease Agreement covers the following real property: Lot 5A, Block 1, Seward Small Boat Harbor Subdivision. as shown on Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska, containing 4,250 square feet, more or less. I agree to provide the City with written notification of any changes in my address, and acknowledge that any notice required to be given by the City will be effective if mailed to the address shown below or such changed address on file with the City. My guarantee is absolute and unconditional. Upon default of Trust under the Lease Agreement, I agree to .immediately become liable foi- Trust's obligations. The City need not seek performance, payment, and collection from "Crust before seeking payment fi-om m.e. If more than one person guarantees payment, I agree to be jointly and severally liable with all other guarantors for payment. Dated this .,,2 day of _ / 2009. Signed in my individual capacity as guarantor: Iris Darling rx- PiugYy arling P.O. Box 149 P.O. Box 149 Seward, AK 99664 Seward, AIC 99664 TRUSTEES .FURTHER CERTIFY THAN' the persons named above are duly authorized to act on behalf of the Trust in the manner described above; that I am familiar with the purpose of the Lease Agreement; that said transaction is to be used for a legitimate trust purpose and for the benefit of the Trust and its beneficiaries; and, that the certifications set forth herein shall remain in full force and effect until written notice of their revocation shall have been delivered to and received by the City. Any such notice shall not affect any of the Trust's agreements or commitments in effect at the time notice is given. I/We declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct, and that 1/we have received a copy o f this document. Dated:*/V Dated:j_� Trustee: J y) t ` Print Name: i O � _ !�. A-r2NLJ Trustee: jj - j Print Name:- i ?1211x//6- LEASE AGREEMENT between CITY OF SEWARD, ALASKA In 11 THE DARLING FAMILY TRUST Effective Date: 16 TABLE OF CONTENTS ARTICLE 1 - LEASED LAND................................................................................................1 1.1 Description o f Leased Land.................................................................................1 1.2 Covenant of Quiet Enjoyment; Warranty of Title.................................................1 1.3 Reserved..............................................................................................................1 1.4 Property Accepted................................................................................................2 1.5 Permits................................................................................................................2 1.6 Platting................................................................................................................2 ARTICLE 2 - LEASE TERM...................................................................................................2 2.1 Lease Term.......................................................................................................... 2 ARTICLE 3 - RENTAL RATE................................................................................................ 3 3.1 Initial Rental Rate................................................................................................3 3.2 Rental Adjustments..............................................................................................3 3.3 Procedure for Rental Adjustment.........................................................................3 3.4 Effect of Late Appraisal by CITY.........................................................................4 3.5 Appraisal by LESSEE..........................................................................................4 3.6 Effective Date of Adjusted Rental Rate................................................................ 5 3.7 Interim Rental Adjustments.................................................................................. 5 3.8 Late Payment Charge..........................................................................................5 ARTICLE 4 - USE OF LEASED LAND..................................................................................5 4.1 Use of Leased Land............................................................................................. 5 4.2 Obligations of LESSEE........................................................................................6 4.3 No Preferential Rights to Use Public Facilities....................................................6 4.4 Adequacy of Public Facilities..............................................................................6 4.5 Tariffs and Other Service Fees............................................................................. 6 4.6 Time for Payment of Utilities and Taxes..............................................................6 4.7 Other Uses...........................................................................................................6 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS........................................................7 5.1 Utilities................................................................................................................7 5.2 Third -Party Improvements...................................................................................7 5.3 Easements............................................................................................................8 5.4 Limited Access Easement.....................................................................................8 ARTICLE 6 - CONSTRUCTION BY LESSEE......................................................................8 6.1 Improvements on Leased Land.............................................................................8 6.2 City Review of Construction...............................................................................10 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS....................................10 7.1 Return of Leased Land in Original Condition....................................................10 ARTICLE8 - FORCE MAJEURE........................................................................................10 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT...................................................................10 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE.................................................12 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE .......................13 17 11.1 Real Property Improvements..............................................................................13 11.2 Personal Property..............................................................................................13 ARTICLE 12 - ASSIGNMENT OR SUBLEASE..................................................................13 12.1 Assignment of Lease or Subleasing....................................................................13 12.2 Assignment of Lease for Security.......................................................................14 12.3 Assignment to Affiliate.......................................................................................14 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY...........................................15 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY................................................15 ARTICLE 15 - INSURANCE .............................................. ............15 ....................................... 15.1 Minimum Insurance Requirements.....................................................................15 15.2 Subrogation Rights Waived................................................................................16 ARTICLE 16 - CONDEMNATION.......................................................................................16 ARTICLE 17 - ARBITRATION............................................................................................17 17.1 Arbitration.........................................................................................................17 ARTICLE 18 - MAINTENANCE AND REPAIRS...............................................................18 18.1 Normal Maintenance.........................................................................................18 18.2 Safety Issues......................................................................................................18 18.3 Cost of Repairs..................................................................................................19 ARTICLE 19 - ENVIRONMENTAL CONCERNS..............................................................19 19.1 Hazardous Materials.........................................................................................19 19.2 Permits and Reporting.......................................................................................22 ARTICLE 20 - ESTOPPEL CERTIFICATES...................................................................... 22 ARTICLE 21 - CONDITIONS AND COVENANTS.............................................................22 ARTICLE 22 - NO WAIVER OF BREACH......................................................................... 22 ARTICLE 23 - TIME OF THE ESSENCE............................................................................23 ARTICLE 24 - COMPUTATION OF TIME.........................................................................23 ARTICLE 25 - SUCCESSORS IN INTEREST.....................................................................23 ARTICLE 26 - ENTIRE AGREEMENT...............................................................................23 ARTICLE 27 - GOVERNING LAW.....................................................................................23 ARTICLE 28 - PARTIAL INVALIDITY.............................................................................. 23 ARTICLE 29 - RELATIONSHIP OF PARTIES...................................................................24 ARTICLE 30 - INTERPRETATION.....................................................................................24 ARTICLE 31 - CAPTIONS.................................................................................................... 24 ARTICLE32 - AMENDMENT..............................................................................................24 ARTICLE 33 - NOTICES......................................................................................................24 ARTICLE 34 - FIRE PROTECTION.................................................................................... 25 m 18 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and The Darling Family Trust (the "LESSEE"), whose mailing address is Post Office Box 149, Seward, AK 99664. WHEREAS, LESSEE has indicated his desire to lease the property known as Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, as shown on Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 4,250 square feet, more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 - LEASED LAND 1.1 Description of Leased Land. The Leased Landis located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, as shown on Plat 2000-19, Seward Recording District, Third Judicial District, State ofAlaska, consisting ofapproximately4,250 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as ofthe date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Reserved. 1.4 Property Accepted "As -is. " LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents ofCITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re -zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE pennitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or pen -nit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of- way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description prepared by LESSEE under Section 1.3 herein. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. ARTICLE 2 - LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization Resolution No. 2009- (the "Resolution"). The Lease Term shall 2 r> 0 commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date"). The Lease Term shall run for approximately 25 years from the Effective Date, ending at midnight on June _, 2034. LESSEE shall have the right to extend the term of this LEASE for two (2) additional five (5) year periods [cumulative extensions not to exceed ten (10) years], provided that: a) LESSEE exercises any applicable option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2010, the annual rental rate for the Leased Land shall be set at $5600, based on $1.32 per square foot. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one -quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2010, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of 3 91 the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE'S appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE'S appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE'S appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. M 22 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question ofobjection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2008 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been detennined by the City Council of CITY to be in the public interest. LESSEE must use the Leased Land for a retail business consistent with existing land use regulations of the CITY. 93 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate a retail business on the Leased Land no later than January 1, 2010 and for the remaining Lease Term. Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations and scheduled fees from time to time even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and 6 24 additional tenants for space including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should tlus LEASE be terminated for any reason. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs ofoversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent ofthe parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: 7 25 a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it maybe necessary, desirable or required that street, railroad, water, sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. 5.4 Limited Access Easement. The CITY reserves a limited easement across the West fifteen (15) feet of the Leased Land, for the limited use of and by the CITY for emergency and utility access, and for access by other owners or lessees of parcels on Block 1, Marina Subdivision and Seward Small Board Harbor Subdivision for the limited purposes of emergency use, deliveries and owner/employee parking. LESSEE agrees to keep this easement clear of obstructions, but LESSEE assumes no responsibility for snow removal. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build and/or replace buildings and other improvements on the 8 26 Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materiahnen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000.00), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest', a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). fl CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state and local statutes and regulations with respect to such construction, including but not limited to all applicable building, mechanical, and fire codes. Affiliate means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a corporation subject to the Alaska Corporation Code. we 27 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights -of -way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non -abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 10 LS 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing ofa 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 ofdebt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. 11 29 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting including costs of necessary renovation and alteration of the premises, reasonable attorney's fees and any real estate commissions actually paid. fl Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 12 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in 13 31 the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest'; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. 2Affiliate means a person that directly or indirectly dtrrough one or more intennediaries controls, or is controlled by, or is under common control with, a corporation subject to the Alaska Corporation Code. 14 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement ofthe Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in 15 33 assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE herebyreleases CITY, its elected and appointed officials, employees and volunteers and others working on behalfof CITY fiom any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers or others working on behalf ofthe CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers and others working on behalf of CITY) during the time of LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. 16 If part but not all ofthe Leased Landis condemned for public use, LESSEE shall make agood faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than Fifty Thousand Dollars and No/100s ($50,000) (exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than Fifty Thousand Dollars and No/100s ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than Fifty Thousand Dollars and No/100s ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. 17 c) Written notice of requests for arbitration of disputes maybe served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 - MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non -abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the perfonnance of 18 36 LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays thereui or the scope of the repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision ofthe arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwith- standing, LESSEE releases CITY from any and all claims, demands, penalties, fines, 19 37 judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and 20 [Z 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 Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur prior to or during the term of this LEASE; and (2) arise in whole or in part from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. 0 Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state and federal 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, 21 decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies, of all reports between LESSEE and any state, federal or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, ifthere has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof); and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 - NO WAIVER OF BREACH 22 40 No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms, covenants and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed and enforced in accordance with the laws ofthe State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 23 ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or ofjoint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 - 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 opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions ofthe articles, paragraphs and subparagraphs ofthis LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this LEASE. ARTICLE 32 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES All notices, demands or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD Post Office Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: 24 9 The Darling Family Trust Post Office Box 149 Seward, AK 99664 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 - FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire detection and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent 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 ofthis LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. 25 IN WITNESS WHEREOF, the parties hereto have set flicir hands and seals the dates herein set forth. CITY: CITY OF SEWARD Phillip Oates, City Manager Date: ATTEST: Jean Lewis, CMC City Clerk 26 LESSEE: THE DARLING FAMILY TRUST Iris Darling, 'FrUstee Date: HLoi Darling, Trustee Date: WE STATE Or AI,ASKA ) Ss. THIRD JUDICIAL DISTRICT ) This is to certify that on the day of' , 2009, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Phillip Oates to me and to me known to be the individual named in and who executed the foregoing instrument on behalfof The City of Seward, and acknowledged to me that be signed the same fi-eely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. NOTARY PUBLIC in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) This is to certify that on the c day of _�7 , ' " 2009, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Iris Darling to me and to me known to be the individual narned in and who executed the foregoing instrument on behalf of The Darling Family Trust and acknowledged to me that she signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS nay hand and official seal the day and year first written abov Ze. ,/ NOTARY BL/C/ill- and for Alaska. My Commission Expires:�l 27 4J STATE OF ALASKA THIRD JUDICIAL DISTRICT This is to certify that on the 1� clay of !nC -be,�- , 2009, befbre me, the undersigned Notary Public in and t6r the State of Alaskc &ulyco-imissioncd and sworn as Such, personally appeared Hugh Darling to me and to me known to be the individual named in and who executed the foregoing instrument on behall'of The Darling Family Trust and acknowledged to me that lie signed the same fi-eely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written 4pove. JV 1��llilill//�� NOTARY I.JBLIC in and for Alaska X FER V// My Commission Expires: ........... 0 A + A. 0 28 m Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVOKING RESOLUTION 2009-089 AND STATING AN INTENT TO FUND $4,060,000 FOR THE NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA DRINKING WATER FUND AND AUTHORIZING THE CITY MANAGER TO ACCEPT A LOAN OFFER FROM THE ALASKA DRINKING WATER FUND WITH PAYMENTS SUBJECT TO BI-ANNUAL APPROPRIATION WHEREAS, the Seward City Council in its 2009 Capital Budget identified the North Seward Water Storage Tank & Pumping Facility as being an infrastructure priority; and WHEREAS, the project is at 35% design (Phase I, Water Main Intertie, at 100% design); and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the North Seward Water Storage Tank & Pumping Facility by way of obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Drinking Water Fund; and WHEREAS, the City intends to repay the loan over a period of 20 years from fees paid by water system users or available grant funds; and WHEREAS, payments by the City will be subject to appropriation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward is hereby committing to the State of Alaska (ADEC), its intent to fund the $4,060,000 water improvement project known as North Seward Water Storage Tank & Pumping Facility (the "Project") and related capital improvements, subject to receiving the loan described below, with the additional details of the Project funding to be determined at a future time. Section 2. The City Manager is hereby authorized to apply for a loan in the amount of $4,060,000 from the State of Alaska Department of Environmental Conservation, Drinking Water Fund, for the Project. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $4,060,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to bi-annual appropriations, including but not limited to an agreement for the loan, provided that any promissory note shall be signed by the Mayor. 47 CITY OF SEWARD, ALASKA RESOLUTION 2009-096 Section 4. According to Chapter 11 of the Seward Charter this resolution shall take effect 30 days following adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12t" day of October, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor M Council Agenda Statement Meeting Date: October 12, 2009 Through: Phillip Oates, City Manager From: W.C. Casey, Public Works Director Agenda Item: North Seward Water Storage Tank & Pumping Facility BACKGROUND & JUSTIFICATION: In 2000, the Design Study Report completed by CRW, identified as a necessary improvement to the City of Seward water system, a 520,000 gallon water storage tank. The proposed site for the new water storage tank was the Forest Acres area, at an elevation that matched the Lowell Canyon tanks. Since that time (2000), City Staff with the assistance of CRW Engineering, have continued to pursue funding for this project. The project is currently at 35% design. On two separate occasions, the City Staff has submitted an application with the ADEC Municipal Matching Grant Program. Staff has continued their efforts to secure funding for this critical infrastructure. The new storage tank remains in the budget as a priority project. The availability of l .5% interest, ADEC loan dollars, makes this water storage tank project feasible. The North Seward Water Storage Tank & Pumping Facility is at 35% design, while (Phase I) the Water Main Intertie is at 100% design. Moving forward with Phase I will enable staff to complete the necessary remaining design work, gain site control for the tank and finish this important water system improvement. INTENT: Secure available funding for the North Seward Water Storage Tank & Pumping Facility through the Alaska Department of Environmental Conservation, Alaska Drinking Water Fund, and Loan Program. .CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: Yes FISCAL NOTE: Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 2009--C% , stating an intent to fund $4,060,000 for the "North Seward Water Storage Tank & Pumping Facility" project subject to receiving a loan in that amount, authorizing a loan application with the Alaska Drinking Water Fund and authorizing the City Manager to accept a loan offer from the Alaska Drinking Water Fund with payments subject to appropriation. 11m Sponsored by: Phillip Oates, City Manager CITY OF SEWARD, ALASKA RESOLUTION 2009-097 AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE STATE OF ALASKA A GRANT APPLICATION FOR A FEDERAL GRANT FOR PROVIDING PUBLIC ACCESS TO THE SEWARD CEMETERY INFORMATION REQUESTING $8,881, INCLUDING $5,329 FEDERAL SHARE AND $3,552 APPLICANT SHARE IN THE FORM OF IN -KIND VOLUNTEER LABOR WHEREAS, pursuant to the National Park Service Historic Preservation Act of 1966, certain federal share matching grants for historic preservation projects are available to certified local governments, and WHEREAS, the Seward Historic Preservation Commission held a work session for the discussion and selection of a FY 2011 grant project on September 30, 2009; and WHEREAS, The Seward City Council has reviewed the application prepared by the Seward Historic Preservation Commissioners for such a federal share matching grant for the Seward Historic Preservation Commission, and WHEREAS, The funds to accomplish the work of Providing Access to the Seward Cemetery Information total $8881, including $5,329 Federal share and $3552 applicant share in the form of in -kind volunteer labor, and WHEREAS, The City Council is fully cognizant of the obligations and responsibilities that will be incurred by the City of Seward upon acceptance of such grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. That the City Council hereby authorizes the manager to submit an application to the State of Alaska, Department of Natural Resources, for a federal share matching grant for Providing Access to the Seward Cemetery Information. Section 2. That funding to accomplish the work of Providing Access to the Seward Cemetery Information will be appropriated at the time of grant award, anticipating that the total amount of $8,881 will include $5,328 Federal share and $3552 applicant share in the form of in -kind volunteer labor. Section 3. This resolution shall take effect immediately upon its adoption. 50 City of Seward Resolution 2009-097 Page 2 PASSED AND APPROVED by the City Council of the City of Seward this 12th day of October, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 51 Council Agenda Statement Meeting Date: October 12, 2009 Through: Phillip Oates, City Manager,_ From: Patricia Linville, Library Director, Historic Preservation Liaison Subject: Seward Cemetery Information Grant BACKGROUND & JUSTIFICATION: Annually, pursuant to the National Park Service Historic Preservation Act of 1966, certain federal share matching grants for historic preservation projects are available to certified local governments to assist with specific local historic preservation projects. Seward has submitted successful applications and requests permission to do so with this resolution. The Seward Historic Preservation Commission received notice of the FY2010 grant cycle on September 23. On September 30, the Commission held a work session for the discussion and selection of a FY 2010 grant project. Commissioners decided to submit a request to develop a website of information about Seward's cemetery inhabitants, thus making this information available publicly. The total project cost is anticipated at $8881, including $5329 Federal share and $3552 applicant share in the form of in -kind volunteer labor. The grant application is attached with detailed budget information. INTENT: This resolution, if passed, will authorize the City Manager to allow the Seward Historic Preservation Commission submit a grant request to complete the work of providing public access to information about Seward's cemetery inhabitants thorough a webs ite. ATTORNEY REVIEW: No CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The total project cost is estimated eight thousand eighty one dollars ($8881), including five thousand three hundred and twenty nine dollars ($5329) Federal share and three thousand five hundred and fifty two dollars ($3552) applicant share in the form of in -kind volunteer labor of the Seward Historic Preservation Commission members. Finance Approva KLt-UIVI M UNDA'I'ION: Council approve Resolution 2007-'']Authorizing the City Manager to submit to the State of Alaska a Grant application for a federal grant for Providing public access to the Seward Cemetery information requesting $8881, including $5329 Federal share and $3552 applicant share in the form of in -kind volunteer labor. 54) I l f 5 Ar i id kw, I, I ()11 \ I N1 (),\I 1 54 �A I j, % JJ 1\1()I?NJli14)N 5 ,1 58 * i'I 59 s I I\ \1 PRI)DI ( I \DDI I IO\ ll 1\h()I�\I �I1()\ n t bf 62 Sponsored by: Phillip Oates, City Manager CITY OF SEWARD, ALASKA RESOLUTION 2009-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING REIMBURSABLE HISTORIC PRESERVATION TRAVEL GRANT AND APPROPRIATING FUNDS TOTALING $3790 INCLUDING $2274 FEDERAL SHARE AND $1516 IN -KIND VOLUNTEER LABOR OF THE SEWARD HISTORIC PRESERVATION COMMISSION WHEREAS, the State Office of History and Archaeology has reimbursable matching travel grant funds available for Certified Local Governments to attend the Historic Preservation Training; and WHEREAS, the conference registration and travel expenses will be reimbursed one hundred percent by the grant because the Commissioner's and staff time traveling to and attending the conference provides the City's 40% match; and WHEREAS, three members of the Historic Preservation Commission and one staff member have expressed an interest in attending the 2 day Anchorage workshop; and WHEREAS, registration and travel arrangements will be arranged by city staff and participants will submit receipts for reimbursement post workshop and upon submittal of the final grant report; and WHEREAS, the City of Seward will be one hundred percent reimbursed for the appropriated funds through the State Office of Historic Preservation Officer via Historic Preservation Fund Travel Grants Project #09521. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby accepts the reimbursable Historic Preservation Fund Travel Grant Project #09521 in the amount of $3790.00, to provide travel expenses and registration for four participants in the `Historic Preservation Commission Training'. Section 2. Funding in the amount of $3,790 is hereby appropriated as follows: 1) $2,274 from grant revenue account 271-271 X-4680-0200; and $1,516 in in -kind contributions, to account no. 271-271 X-5140. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12"' day of October 2009. 63 Council Agenda Statement Meeting Date: October 12, 2009 Through: Phillip Oates, City Manager/ From: Patricia Linville, Library Director, and Historic Preservation Liaison Subject: Historic Preservation Travel Grant BACKGROUND & JUSTIFICATION: The State Office of History and Archaeology has reimbursable matching travel grant funds available for Certified Local Governments to attend Historic Preservation Commission Training in Anchorage Oct 29-30. An application was submitted upon the request of the State of Alaska Historic Preservation Office in September. The application was reviewed and approved. The grant documents state the conference registration and travel expenses will be reimbursed one hundred percent by the grant and the Commissioners and staff time traveling to and attending the conference will provide the City's required 40% match. Three members of the Historic Preservation Commission and two staff members have scheduled time to attend the two day Anchorage workshop October 29-30. Registration and travel arrangements will be arranged by city staff and participants will submit receipts for reimbursement post workshop and upon submittal of the final grant report. The City of Seward will be one hundred percent reimbursed for the appropriated funds through the State Historic Preservation Officer via Historic Preservation Fund Travel Grants Project #09521. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: Utilize Historic Preservation Fund Travel Grant funds in the amount of $3790 to enable three Historic Preservation commissioners and one City staff to attend a two day workshop entitled `Historic Preservation Commission Training.' ATTORNEY REVIEW: No FISCAL NOTE: Funds will be reimbursed post training. Participants will be reimbursed only for receipts received. Approved by Finance Department KLUU1y1M NDATION: Council approves Resolution 2009-1%Ywhich approves and accepts reimbursable Historic Preservation Travel Grant #09521 and appropriates funds totaling $3790 including $2274 Federal share and $1516 in -kind volunteer labor of the Seward Historic Preservation Commission. 149V i _ iJ ' II DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY September 4, 2009 File No.: 3350-4 CLG Training Subject: Historic Preservation Commission Workshop To Whom It May Concern: SEAN PARNELL, GOVERNOR 5S0 WEST 7 rnAVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501-3565 PHONE: (907) 269-8721 FAX- (907) 269-8908 The Alaska Office of History and Archaeology in cooperation with the Alaska Association for Historic Preservation is planning a Historic Preservation Commission Workshop on October 29-30, 2009 in Anchorage. The workshop is intended for local planning staff, historic preservation commissioners, elected officials, planning commissioners, and historic preservation practitioners. A draft agenda is included to provide you more information on the activities and discussions that will take place. A limited number of travel grants are available for staff, officials and commissioners from Certified Local Governments, Travel grants will cover registration fees, travel, and lodging while in Anchorage. Please complete the enclosed travel grant form if you wish to apply, Scholarship applications must be received in the OHA office by September 30, 2009. Scholarship recipients will be notified by October 5, 2009 and instructions will be provided. We hope to you see you all at the Workshop. If you wish to attend, please contact the Alaska Association for Historic Preservation at 929-9870 or email AAHP at AAHP@ataska.net. Sincerely, Judith E. Bittner State Historic Preservation Officer cc: Jessica Verges, Alaska Association for Historic Preservation 6J Historic Preservation Commission Training Anchorage, AK October 29-30 Thursday 11:00 — 1:00 Registration 1:00 — 1:30 Welcome 1:45 — 2:45 Commission Basics 3:00 — 4:15 How to Partner with a Non -Profit 4:45 — 5:45 Building Tour 6:30 — 7:00 Reception Friday 8:00 — 9:00 Coffee 9:00 — 10:15 Roundtables Recognition Programs Historic Preservation Law —Importance of Local Criteria 10:30 — 11:45 Roundtables Building Consensus for a Local Historic District Heritage Tourism and Preservation 12:00 — 2:00 Lunch CLG Updates 2:15 — 3:30 Roundtables Preservation in the Planning Process Archeological Site Preservation 3:45 — 4:15 Wrap Up/Goodbyes 66 67 � - s A a roe.: ...... .tee. 68 \P N % I t \ �, ,� �' Ix'j � I'I "I'll . Ilea ,7t�it t,i t�f ¢i 3 E' �i, it's yW kf;e; f;Ze 3 :. z'. .. .�.` €d<3"i .s {t�,�. '�.ta��A➢,.d"� 1 �} �-x fit., s,. `..4 x�4aeEi _. ,._.... TO ,,�, , I I I i \ I � � \ � 1� I , I � � S, 1 1, � 3 -, � � i � 1 � � ,, - �. V ! i { [ \ # 1 1St 4jI 3 �T e e ,la } I no sit 4:oIn n o� iIn m � � h> % � E5'q to P � d�k i I�t'li' � �' �11 ci -AT .:. , ,a................... .„. _._. _ ._ .. _, . _._... ......... 72 73 -nl '' L 74 j %nAw ev % 0, Wus wr�y 0 0 ;W :v own wn'� K! news -0 Q�O a y "n, srw:yz� PO4T : � ""WOMP peg mmon :vo)4 r-PA a I I P MCC H VIC s;i ""'une "",I No n 10 T'. 7 0 r IS 3 � w a v i'.' ... .a 2 ,. .,. .. Kv�61 ,i 2..0 a a _s r� 77 i8 WED CITV OF SEWAIM, ALASKA 0v.9C;E- OF THE APPLICA,riON FORTHE'SEWARD PLANNING & ZONING (44�101NFRJC NAMF: IMAILING ADDR�'SS: HOMETF I-EPI ION BUSINESS PHONE F,,i\/IAII__ADDRFS,S: 41 J-1 -- ---- --- IIOWI,,ONGIN THE CITY LIMITS OFSl:-,WARD:____ Z. -,:5' 11� I i List airy Spec -I'll training education or background you have whic.1i nxly help you as a mcmhcj- of the. Coll in 11"S's 1,011 :�4,cp Have you ever dev(,,Iof)c,,cl real property (()tile]- th,111 YOLII- 0"111 personal residence)? I f"so, briefly I describe the ell-4— I,"" specifically Interested III serving on the Planning and Zoning Commission because: 1� I lave you ever served oil LIsimilar col III I-lission somewhere CIS0 If So, whcre, mid when "? Are you available for meetings Tuesday evenings? 11"Ippollacd, are You willing to tr'IN"Cl Often Rarely Never f SiglMtLIlV Dale AII IFOC 7 9 Agenda Statement Meeting Date: October 12, 2009 From: Jean Lewis, City Clerk Agenda Item: Certification of the October 6, 2009 Regular City Election BACKGROUND & JUSTIFICATION: The City conducted its annual election on Tuesday, October 6, 2009. The Canvass of the election was conducted on Thursday, October 8, 2009. A report stating the final results of the election including votes cast by absentee and questioned voters are attached for your certification. The newly elected council members will be sworn and seated as the first item of business at the October 26, 2009 regular meeting. RECOMMENDATION: The Council certify the October 6, 2009 regular city election and declare the results final. FINAL CERTIFICATE OF RESULTS FOR THE REGULAR MUNICIPAL ELECTION HELD OCTOBER 6, 2009 The City Canvass Board has completed their review of all absentee and questioned ballots of the Regular Municipal Election held October 6, 2009. Their totals are: [Note: Total Counted plus Total Rejected =Total Voted) Report of Absentee and Questioned Ballots Absentee ballots voted Questioned ballots voted Special Needs ballots voted Total Voted Rejected Not registered, registered too late or registered out of City Form not completed properly Signed/witnessed after election day Total Rejected 77 16 3 96 IVA 18 Counted Absentee 75 Questioned 0 Special Needs 3 Total Counted 78 The Election Day results, after canvassing are as follows: Two-year Mayoral Seat F]ertinn nnv VntPc After f anvacc Vntoc 'r,fnl Willard E. Dunham 264 52 316 Write-ins 113 18 131 Three,Two-year Council Seats F.lertinn nqv Vote-, After C''nnvncc Vntt-c Tntnl Vntac Tom Smith 285 51 336 Robert Valdatta 311 55 366 Vanta Shafer 310 52 362 Write-ins 56 17 73 81 Final Certificate of Results Regular Municipal Flection Tuesday, October 6, 2009 Page2 Proposition 1. (Advisory) Shall fluoride be added to the City of Seward water to the level (0.7-1.2 parts per million) recommended by the U.S. Public Health Service? Election Dnv Vntec After Cnnvncc Vntac Tntol W—f— YES 229 50 279 NO 1206 28 234 Proposition 2. (Advisory) Shall the Seward City Council increase the sales tax from 4.0% to 4.5%, with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed library/museum operating and construction costs and would be available to be appropriated by the City Council? Election Dav Votec After C'anvncc VntPc Tntnl Vntac YES 185 38 223 NO 251 37 288 Proposition 3. Shall the City of Seward incur debt and issue general obligation bonds in an amount not to exceed five million dollars ($5,000,000) to finance the construction of community library museum capital improvements in the City? Bonds may not be issued until the City has obtained additional funding through contributions and grants for the remainder of the costs of the project. The bonds shall be secured by a pledge of the full faith and credit of the City. It is expected that annual payments of principal and interest on the Bonds will not exceed the annual amount to be received by the City from a one-half percent sales tax. Election Dav Votes After C'anvacc Vote-, Tntnl Vote.-, YES 253 48 301 NO 176 27 203 A total of 440 people voted at this election plus 78 counted absentee votes = 518 Total. Upon completion of the canvass, it is our opinion that the attached summary of election returns compiled above, accurately reflect the final totals for the Regular City Election held October 6, 2009. Dated this 8"' day of October, 2009. i7 CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664-0167 October 12, 2009 Re: Letter of Support for Seward's "Darn Good Idea" Main Office (907) 224-4050 Police (907) 224-3338 Harbor (907) 224-3138 Fire (907) 224-3445 City Clerk (907) 224-4046 Community Development (907) 224-4049 Utilities (907) 224-4050 Fax (907) 224-4038 The Seward City Council enthusiastically supports the Community Awards Application for the Vic Fisher Local Government Leadership Award sponsored by Alaska Municipal League. With the construction of Seward Mountain Haven Long Term Care Facility, Seward identified and met a need within the community, constructing a progressive "Green House" modeled facility, unlike any other in Alaska. This home -like environment in conjunction with the history of compassionate elder care available in Seward is a source of pride for the Council and the community and is "Just a Darn Good Idea". Sincerely, Willard Dunham Mayor, City of Seward 8 .1 October 2009 October 2 November S T M T W T F S S M T W T S T F 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 Monday _ Tuesday Wednesday _- Thursday Friday - October it 5 7 8i Election Day 12:00pm PACAB Meeting 12i00pm SeWar� Cct�lmurlity ,: 1 t 0ra • M BllrNdln Committ�,�y 6:00pm HP Spc Mtg 6:30pm P8Z WS.... °. 7:30pm;P&7 Meeting 12� 13i 14� 15 1 :00pm City Council :30pm Council Budget 6:30pm Council Budget . 6:30pm`Council Budget 'j 6:30pm Council Budget Meeting Work Session Work Session Work Session Work Session I 21 II --' _ 22 2 Alaska Day -Offices Closed Y � 66 00 Meeting 9 12:00 m PACAB Special P P 9:00am Social Security tY p m o p Work Session I 6:30pm Coundf, Bwdgek; 6:30pm P_ :War : pion 7:30pm P&Z Work5ess�an Conference 6:30pm i Preservation Meeting 26 27' 28f - 291' 3 7:00pm City Council Meeting Nanci Richey 2 10/8/2009 1:42 PM • Al November 2009 November 2009 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December 2009 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday November 2 _ 3 4 _ 5 12:00pm PACAB Meeting 7:30pm P &Z Meeting 2 �s Clgsed Nand Richey 3 10/8/2009 1:42 PM S o