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06132022 City Council Packet
Seand ON Council Agenda Packet 114oPtDVtr471W-APK04V Sunday, June 19, 2022 Monday, June 13, 2022 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting June 13, 2022 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Sue McClure Vice Mayor Term Expires 2023 John Osenga Council Member Term Expires 2024 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Mike Calhoon Council Member Term Expires 2024 Randy Wells Council Member Term Expires 2022 Janette Bower City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Recognizing the Life Saving Efforts of Alan & Tammy Nickell and Asa "AJ" Turner ........................... Pg. 4 2. Congratulating the Seward High School Wrestling Team for their accomplishments at the Alaska State Wrestling Tournament ................................................ Pg. 5 B. City Manager Report ......................................... Pg. 6 C. City Attorney Report ....................................... Pg. 29 D. Other Reports and Announcements 1. Cook Inlet Aquaculture Association (CIAA) Report by Robert Barnwell ........................................ Pg. 31 E. Presentations —None City of Seward, Alaska Council Agenda June 13, 2022 Page I 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.] A. Resolutions Requiring Public Hearing Resolution 2022-074, Amending The Port & Harbor Tariff Regulations To Increase The Wait List Fee, Labor And Personnel Charges, Boat Tow Fees, Travelift Fees And Wharf Demurrage Rates Effective January 1, 2023.................................. Pg. 33 8. UNFINISHED BUSINESS A. Resolutions Requiring Public Hearing Resolution 2022-031, Authorizing The Sale Of Parcel #14502419 Containing 25.395 Acres To The State Of Alaska Department Of Transportation And Public Facilities For The Improvement Project NO. Z548570000 In Improving The Seward Airport For The Fair Market Value (FMV) That Has Been Determined To Be $2,000. This resolution had public hearings and was postponed on March 14, March 29, and April 25 2022, and is coming back tonight for a fourth public hearing and approval. City Clerk's Note: The agenda packet will contain some new documentation provided by the Alaska Department of Transportation. The new information will be clearly identified. Pg. 69 2. Resolution 2022-069, Approving The Lease For The Land Use Agreement Of Parcel 914403082 Located At 2617 Maple Street With Seward Wilderness Collective In Support Of Pilot Project: Seward Compost, And Authorizing The City Manager To Reduce Lease Payment Requirements For The Seward Wilderness Collective; Seward Compost. This resolution had a public hearing and was postponed on May 23, 2022 and is coming back tonight for a second public hearing and approval. City Clerk's Note: The agenda packet will contain some new documentation which includes a revised lease agreement. The new information will be clearly identified......... Pg. 208 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2022-008, Amending Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E To Allow More Density In The Auto Commercial And Central Business Zoning Districts ................................ Pg. 231 B. Resolutions *1. Resolution 2022-075, Authorizing The City Manager To Appropriate Additional Funding In The Amount Of $300,000 From Electric Reserves To The Contract With AK Tree Service, LLC To Complete Transmission Right -Of -Way Clearing On Nash Road And To Remove "Danger" Trees Along Targeted Sections Of The Seward Highway.................................................................................. Pg. 237 City of Seward, Alaska Council Agenda June 13, 2022 Page 2 *2. Resolution 2022-076, Authorizing The City Manager To Enter Into A Contract With Logic Geophysics & Analytics LLC For Ground Penetrating Radar Services In The Amount Of $22,291, Plus A 10% Contingency Of $2,229, For A Total Amount Not To Exceed$24,520...................................................................... Pg. 252 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. Follow Up Information for Happy Youth Programs & Educational Resources (HYPER) Financials for the period ending March 31, 2022....................... Pg. 271 11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION A. Go into executive session to receive advice from the city attorney regarding the forensic audit. 14. ADJOURNMENT City of Seward, Alaska June 13, 2022 Council Agenda Page 3 3 ]PR®CIAMAT11®N WHEREAS, on May 30, 2022, while driving toward Seward, off -duty Seward Police Chief Alan Nickell, Human Resource Manager Tammy Nickell, and Electric Operator & Seward Volunteer Firefighter Asa "AJ" Turner witnessed a horrific motor vehicle accident near Mile 7 of the Seward Highway, and WHEREAS, all parties immediately responded to assist in providing help and assessing the scene for hazards and life-threating injuries; and WHEREAS, Tammy Nickell called 911 and stayed on the phone with dispatch to relay vital ongoing situational changes occurring at this dynamic emergency scene; and WHEREAS, Chief Nickell and AJ immediately performed a rapid assessment of all victims involved in the crash and determined there were two critically injured patients needing rapid intervention; and WHEREAS, smoke and flames began quickly filling the vehicle and endangering the lives of the trapped victims; and WHEREAS, Chief Nickell, AJ, and another bystander sprung into immediate action and selflessly and heroically removed the severely injured victims from the burning vehicle, just moments before the vehicle was consumed by fire; and WHEREAS, without the quick thinking and reaction of these courageous bystanders, both of the survivors would inevitably have perished on scene; and WHEREAS, the community and these victims are, without a doubt, safer for having "others before self" citizens living amongst us. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby recognize the heroic actions of Police Chief Alan Nickell, Tammy Nickell, and Asa Turner, and do commend their selfless acts that helped save lives during a horrific motor vehicle accident. Dated this 131h day of June, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 4 PROCLAMATION WHEREAS, the Seward High School Seahawk Wrestling program had a fantastic showing at the Alaska State Wrestling tournament in December; and WHEREAS, wrestling team member Aiden Schilling came away victorious as an Alaska State Champion, plus Hunter Kurtz brought home a bronze medal, and an additional five Seahawk wrestlers were on the State qualifying team; and WHEREAS; weighing in at 103 pounds, freshman Aiden Schilling is the first Alaska State Champion for Seward since 2008; and WHEREAS; weighing in at 112 pounds, freshman Hunter Kurtz secured the bronze medal; and WHEREAS; also on the State qualifying team were John Van Buskirk, Tyler Lands, Jack Gardner, Fayzon Lawrence, and Porter Rockwell; and WHEREAS, the dedicated coaching staff of Brian Mullaly and Nate Smith went above and beyond to encourage, motivate, and bring out the best in the Seahawk Wrestling Team; and WHEREAS, the Seward High School and the City of Seward are very proud of the Seahawk Wrestling team for their great accomplishments. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby congratulate the Seward Seahawk Wrestling Team and Coaches, and commend them for their exceptional showing at the Alaska State Wrestling Tournament. Dated this 131h day of June, 2022 THE CITY OF SEWARD, ALASKA -AIJA Christy Terry, Mayor M City of Seward City Manager's Report June 13, 2022 Mayor Terry and Council Members, Additional Report regarding the Forensic Audit I've attached an additional report from Greene Forensic Accounting Solutions regarding missing USERID data. Meeting with Senator Lisa Murkowski's Chief of Staff On Thursday,June2, the Assistant City Manager, Community Development Director, ChamberofCommerce Director and myself met with Senator Murkowski's Chief of Staff Kaleb Froehlich. The discussion centered around Seward's housing needs and the City's desire to extend utility services into areas, allowing housing development. SPEA Contract Negotiations SPEA contract negotiations have wrapped up. The nextstep is for the union members to voteon the contract and then it will come before council for approval. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Manager Separations. Department: Date of Separation New Hires: Seasonal Park Maint Worker Parks & Rec Director Harbor Seasonal Full Time Seasonal Park Maint Worker Harbor Worker II Available Full Time Positions: Finance Director Acct Tech II Acct Tech III Acct Tech Utility Patrol Officer Recreation Assistant Department: SPRD SPRD Harbor SPRD Harbor Date of Hire: 05/18/2022 05/25/2022 05/27/2022 05/27/2022 05/31/2022 Department: Position Status: Finance Advertising Since 10/05/2021 Finance Advertising Since 03/24/2022 Finance Advertising Since 03/24/2022 Finance Advertising Since 04/14/2022 Police Advertising Since 04/20/2022 SPRD Advertising Since 05/06/2022 Available Seasonal Positions: Department: Campground Attendant SPRD Park Maintenance Worker SPRD Parking Lot Attendant SPRD Parking Operations Supervisor SPRD Recreation Program Aide SPRD Seasonal Gardner SPRD Seasonal Campground Attendant SPRD Position Status: Advertising Since 03/03/2022 Advertising Since 03/03/2022 Advertising Since 03/03/2022 Advertising Since 03/03/2022 Advertising Since 03/03/2022 Advertising Since 03/03/2022 Advertising Since 03/03/2022 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Order Date Department Vendor Description Amount 5/25/2022 PARKING WARNING LITES OF ALASKA INC Parking Lot Signage; updated rules & regulations. 11,000.00 5/2412022 HARBOR ADMIN PND Grant ApplicationAssistance 13,195.00 5/25/2022 ELECTRICADMIN ANIXTER INC 25KVA Pad Mount Transformers 27,026.46 5/25/2022 CAMPGROUNDS RESURRECTION RENTALS Portable Toilet rentals, and services for 2022 57,900.00 5/2,5120221 ELECTRICADMIN DRYDEN AND LARUE INC 1115 KV Infrastructure Transmission Engineering Support- Phase 2 106,000.00 5/25/2022 ELECTRICADMIN DRYDEN AND LARUE INC 115 KV Infrastructure Transmission Engineering Support- Phase 1 171,000.00 5/25/2022 PW METCO ALASKA LLC LOWELL POINT LANDSLIDE 2022 DISASTER 300,000.00 TOTAL 686,111.46 Thank you, GREENS Forensic Accounting Solutions LLP SUPPLEMENTAL REPORT LETTER June 3, 2022 Seward City Council City of Seward 410 Adams Street P. O. Box 167 Seward, AK 99664 RE: Missing USERID Data Dear Council Members: During our meetings with the City and City Council on April 11, 2022, we discussed that USERID data was unavailable in the Harris Utility Billing system for the test months selected by the City Council for the audit. During the April 11 meetings, we were requested to follow up on this issue, as we could not identify who had made changes to the customer records during the audit test months. On April 18, Janis Tomniuk of Harris told us that Form Audit data had been purged from the system from April 2016 through March 2019 at some unknown time(s). According to Janis, the data should have been backed up onto .csv files. This data backup would require multiple files due to the backed -up volume of data. Harris and City personnel searched for the backup data. Dustin Phillips provided an update on May 2, indicating that the City had located some backup log data up to February 2, 2018. However, he did not believe the remaining backup data existed due to changes/replacements in the City's computer hardware since March 2019. On April 21, Jim Scordo and Jim Edmonstone of my firm spoke directly with Harris personnel. Harris believed that the Form Audit logs after May 2019 would contain an entry showing the purge of data. They also stated that they should be able to respond in 24 hours with an answer, as they were only looking for one particular entry. They have yet to provide the results of their search. Following our discussion and the lack of an answer from Harris, we requested copies of the log data in .csv format to search for the entry ourselves. We understood that we were looking 200 W. JACKSON BOULEVARD* SUITE 1300 • CHICAGO • ILLINOIS • 60606 • TEL: 312.692.1000 • FAX: 312.612.1172 • W W W.G RE ENE FORE NSICAS.COM 8 Seward City Council City of Seward June 3, 2022 Page 2 of 2 for an entry that would show a purge of data. On May 3, we were informed that we would receive the data. On May 4, we offered to reduce our contract billing rates as we worked with the City on this issue. Stephen Sowell responded and authorized five additional hours to work on this issue. More recently, Stephen has offered extra time. We obtained access to .csv files of the Form Audit data on May 19. However, the column titles were inadvertently left off the reports. Those files were corrected on May 23. The reports contain approximately 677,000 lines of data. Most of the lines include an identifier showing what action had been taken: Form Audit action types (for informational purposes): I = Insert U = Update P = Process D = Delete L = Delete All We found that not all entries have one of these identifiers. Since we received the data, we have been requesting the specific term or entry description that would indicate a purge of Form Audit data. We have also asked Dustin if he was aware of any other data purge, and he has told us he is unaware of one. On Thursday evening, June 2, Janis Tomniuk of Harris wrote Dustin and stated that Form Audit does not report a purge done in Form Audit. The Harris personnel we spoke with were apparently unaware of this before Thursday. call me. If you have any questions or require any additional information, please do not hesitate to Sincerely yours, Craig L. Greene, CPA/CFF, CFE, MAFF, MCJ 9 City of Seward Department Activity Reports Assistant City Manager Stephen Sowell ➢ The Animal Shelter project is underway with activity on site taking place. The project is on schedule for completion by October 2022. Dawson Construction and the City continue to have regular project meetings and are coordinating the construction phase as we move forward. R&M Engineering and the City's Building team are continuing to work with Dawson on periodic inspections. ➢ City Administration met with the Utilities Team on May 26t" and continues the work on development of a Utility Master Plan which is scheduled to be completed by late summer or early fall. Our goal is developing a plan to increase development of residential homes in Seward. ➢ The Assistant City Manager and Public Works Director met with Senator Murkowski's State Director, Steve Wackowski on May 27t" to visit the Lowell Point Road Landslide. The City of Seward appreciates the Senators continued support of our community. is Community Development Department Jason Bickling Director Notes: ➢ Continue work on Jesse Lee Home Property. Coldfoot is starting operations up this month to continue cleanup and mitigation on the site. ➢ Landslide EOC: Department worked on signage for Memorial Day weekend for Lowell Point Road and Harbor Parking Lots. Assisting on other items as needed. ➢ We have started sending out compliance letters for STRs that are not in compliance. I've been working with the City Attorney to develop understanding around compliance processes and enacting consequences. ➢ Cemetery GIS W ork: W e should be starting to do our geolocation in the cemetery to plots on the GIS in the coming weeks. We are planning on having a public access site in the future where people can look up records, information, and location online. ➢ Cemetery Work: We have been working with a number of people in the choosing of sites and burial processes. ➢ Continuing work on housing development pieces — Forest Acres Utility Expansion, propose Hemlock Subdivision, SMIC Bench ➢ Research work on possible Public Works Shop locations ➢ Continuing GIS work for Community Development, Fire, Building, Public Works, Utility, and Parks and Rec. ➢ We are continuing with our normal business of processing of records requests, short term rental permits, consulting regularly with community members that have questions about the development and use of their land and helping with applications. W Electric Department Director Rob Montgomery Nautical Primary Extension — Electric Department crews completed the extension of a primary underground line to serve customers near the end of Nautical Avenue in the Bear Creek area. The extension was approximately 1,300 feet and took crews a week to complete. ➢ Railbelt Transmission Upgrade Funding - On Wednesday, May 25, the Alaska Energy Authority (AEA) and the Railbelt utilities announced plans to spend more than $200 million on transmission line upgrades across the Railbelt. These enhancements will increase capacity and improve the delivery of power from the Bradley Lake Hydroelectric Project (Bradley Lake) to Railbelt consumers. These initial -phase projects represent some of the most significant improvements to the Railbelt electrical grid in Alaska's history. Since funding for the projects is coming from excess payments made by the five Railbelt utilities to retire Bradley Lake project bonds, there will be no impact to ratepayers. ➢ Railbelt Utilities Strategic Planning — I participated in a day -long strategic planning session with leaders of the other Railbelt utilities on Thursday, June 3. The session focused on various scenarios the utilities may be faced with between now and 2040. The utilities recognize the importance of staying united as they work to address an industry that is changing quickly due to several factors, including an increasing focus on renewable energy and stagnant load growth across the state. A second, wrap-up session will be scheduled later in June. ➢ Utility Committee on Energy Infrastructure Policy — I participated in the weekly Teams meetings of this committee. This group is made up of representatives of the various Railbelt utilities (leadership, technical and communications) and was created to develop strategies and communication initiatives as additional federal funding is sought for Railbelt electric infrastructure. ➢ Nash Road Right -of -Way Tree Clearing (Update) — After a two -week break, AK Tree Service crews on June 6 resumed clearing work on Nash Road. The work is being done in preparation of transmission infrastructure work expected to begin in early 2023 ➢ DOT Project MP 17-22.5 (Update) — Work to relocate power poles and lines between MP 17-22.5 of the Seward Highway —work precipitated by the AKDOT highway improvement project —began the week of June 6. Crews from the Electric 13 Department is assisting in oversight of the work. All costs incurred by the City for the project will be reimbursed through AKDOT. 14 4 ALASKA -_��5� GVEAM Homer Electric >7-� "`�-6 A+ I ENERGY CHUG"M / 1M €` AUTHORITY Association, Inc. FOR IMMEDIATE RELEASE Embargoed until May 25, 2022 AEA, Railbelt Utilities Unveil More Than $200 Million in Transmission Upgrades Projects will modernize Alaska's largest electric grid and allow for more renewable energy (Anchorage) — On Wednesday, May 25, during the Alaska Sustainable Energy Conference the Alaska Energy Authority (AEA) and the Railbelt utilities announced plans to spend more than $200 million on transmission line upgrades. These enhancements will reduce line losses, increase capacity, and improve the delivery of power from the Bradley Lake Hydroelectric Project (Bradley Lake) to Railbelt consumers. These projects will be the initial phase of some of the most significant improvements to the Railbelt electrical grid in Alaska's history. Funding for the projects is coming from payments by the five Railbelt utilities in excess of those required to retire the Bradley Lake project bonds. These projects include: • Upgrade to Transmission Line between Bradley Junction and Soldotna Substation • Upgrade to Transmission Line between Soldotna Substation and Sterling Substation • Upgrade to Transmission Line between Sterling Substation and Quartz Creek Substation • Battery Energy Storage Systems for Grid Stabilization The "Railbelt" refers to the interconnected electric grid that stretches approximately 700 miles from Fairbanks through Anchorage to the Kenai Peninsula. About 70 percent of Alaska's population is served by the Railbelt electric system. Four member -owned electric cooperatives and one municipal utility sell power to Railbelt customers. The Railbelt's energy systems have undergone significant change since they went into service more than 40 years ago. Over this period, loads have increased, transmission assets have aged, and greenhouse gases have become an increasingly important factor. In addition, cost -saving power sales between utilities has increased, demanding more of the system, and soon, regional integrated resource planning will increase the benefits of sharing power throughout the region. The case for transmission upgrades has never been stronger. A resilient Railbelt transmission system is achievable and necessary to allow for better use of Bradley Lake's potential and the integration of renewable energy projects. Owned by AEA, Bradley Lake is an important generating plant on the Railbelt and the largest hydroelectric plant in Alaska. Located approximately 27 miles northeast of Homer on the Kenai Peninsula, the 120-megawatt facility generates 10 percent of the total annual electrical energy used by Railbelt electric utilities and provides some of the lowest -cost power in the state to about 550,000 Alaskans from Homer to Fairbanks. Owing to the successful completion of the Battle Creek Diversion in 2020, AEA and its partners are now studying the Dixon Diversion, which would divert water from Dixon Glacier and increase the annual energy production of Bradley Lake by almost 50 percent. AEA, Railbelt Utilities Unveil More Than $200 Million in Transmission Upgrades Page 1 of 4 W Bradley Lake is managed by the Bradley Lake Project Management Committee (BPMC), which is comprised of a representative from each of the five Railbelt utilities and AEA. The BPMC has identified a source to fund these projects at no additional cost to ratepayers and with no burden on the State treasury. Each utility has paid a portion of the annual debt service on the original bonds since Bradley Lake was completed. The bonds were paid off in 2021 and under the Power Sales Agreement, the Railbelt utilities continue to make annual payments until 2050. These funds are now available to be used for upgrades related to the Bradley Lake project. The Department of Law has determined that the proposed transmission upgrades are required project work that benefits Bradley Lake and Railbelt ratepayers. These transmission projects will reduce the constraints on the Railbelt grid by improving the Kenai Peninsula's transmission capacity to export power from Bradley Lake, while also allowing for the integration of additional renewable energy generation. In addition to the needed physical upgrades of the Railbelt grid infrastructure, these planned projects are anticipated to provide jobs and other economic development opportunities from the Kenai Peninsula to Fairbanks. The Railbelt utilities are Chugach Electric Association, the City of Seward, Golden Valley Electric Association, Homer Electric Association, and Matanuska Electric Association. The Alaska Energy Authority is a public corporation of the state. Its mission is to reduce the cost of energy in Alaska. Primary Contact: Brandy Dixon, Alaska Energy Authority, (907) 764-3928 or bdixon@akenergyauthority.org For quotes and contact information, see page three. AEA, Railbelt Utilities Unveil More Than $200 Millionli@ Transmission Upgrades Page 2 of 4 Perspectives: Office of Governor Mike Dunleavy (Contact: Patty Sullivan, (907) 744-7757) "With this historic upgrade to transmission lines, the Railbelt utilities and AEA are ushering in a new energy future in Alaska," said Alaska Governor Mike Dunleavy. "By improving the Railbelt's transmission capacity, more of the power from the Bradley Lake Hydroelectric Project — the lowest cost energy in the state — will power Alaskan's homes and businesses from Homer to Fairbanks. The upgrades are preparing the grid for the coming sustainable energy sources of tidal, geothermal solar, more hydro, solar, wind and hydrogen. All the investment is with the goal of making Alaska energy independent." Alaska Energy Authority (Contact: Brandy M. Dixon, (907) 771-3078) "Early in his administration, Governor Dunleavy met with AEA and the utilities and asked them to develop a plan to increase the reliability and resiliency of the Railbelt corridor. Working together this is the cornerstone of those efforts to achieve a more resilient system driven by low or zero - carbon energy that supports a strong economy," said AEA Executive Director Curtis W. Thayer. Chugach Electric Association (Contact: Julie Hasquet, (907) 717-9619) "As the largest electric utility in Alaska, these investments come at a critical time for our members. These projects will increase the value of Bradley Lake to all consumers in the Railbelt, both from a cost and reliability perspective, for decades to come. These upgrades also support the advancement of renewable generation in recognition of the need for energy diversification and our impacts on the environment," said Chugach Acting CEO Arthur Miller. Golden Valley Electric Association (Contact: Meadow Bailey, (907) 451-5676) "Golden Valley Electric Association members are positioned at the northern end of the Alaska Intertie and pay some of the highest rates on the Railbelt," said Golden Valley Electric Association CEO John Burns. "For GVEA members, and the economic viability of the Interior communities we serve, reliable access to lower -cost energy is vital. These upgrades provide resiliency and increase capacity to energy from southcentral, including hydro and additional renewables, and will assist GVEA as we transition to cleaner energy sources in the future." Homer Electric Association (Contact: Keriann Baker, (907) 235-3302) "Under the leadership of AEA and this administration, the Railbelt utilities are proud that their collective efforts resulted in securing millions of dollars to provide badly needed upgrades to an aging transmission system. These upgrades will provide increased reliability without raising the rates of Homer Electric Association, Inc.'s (HEA) members. HEA is committed to continuing to seek additional opportunities to multiply these successes with its Railbelt partners," said HEA General Manager Brad Janorschke. Matanuska Electric Association (Contact: Julie Estey, (907) 355-4447) "MEA is proud to be part of this collaboration to secure essential transmission upgrades, free from negative cost impacts, for our members and the entire region', said Tony Izzo, CEO of AEA, Railbelt Utilities Unveil More Than $200 Millionli� Transmission Upgrades Page 3 of 4 Matanuska Electric Association and Chair of the Bradley Project Management Committee (BPMC). 'These upgrades are critical to maximize the benefit of our existing renewable energy investments and provide opportunities for further development as we seek to diversify our energy mix," said MEA CEO and BPMC Chair Tony Izzo. Seward Electric System (Contact: Rob Montgomery, (907) 224-4071) "With approximately 2,900 meters, Seward Electric System is much smaller than those of the other Railbelt utilities but that doesn't make these transmission projects any less important for the City. We rely on wholesale power from the Railbelt to serve our customers, so these project upgrades will directly impact both our service reliability and the amount of lower -cost electricity available to us. Completing projects of this magnitude — and at no additional cost to ratepayers — will most certainly transform the Railbelt's energy future," said Seward Electric System General Manager Rob Montgomery. AEA, Railbelt Utilities Unveil More Than $200 Millionliq Transmission Upgrades Page 4 of 4 CMR Finance Department Mission Statement: To Provide the highest levelof services responsive to our community `s expectations andto enhance the quality of life and economic vitality. Utility Department: Valuable Objectives: Sully Jusino Deputy Finance Director Integrity, accountability andrespect we built trust with all stakeholders through responsible stewardship of public resources. Due the land sliding in the Bear Mountain affecting the Lowell Point road the meter readings for all Lowell Point area will be manual estimates from 5/15/2022 until the road opens safely again. The manual estimates are prorated in base of the last five years of usage in the same time period. Finance is continuing their review of accounts to ensure correct billings. Forensic Audit: Greene Forensic Accounting Firm working extra hours to provide information regarding missing data form Harris software. Carmen Jackson Firm: Carmen Jackson LLC firm continued assisting the Finance Department, preparation of the mid cycle budget is initiated. Carmen Jackson team will be on site in the 3rd week of June to start the process with Finance team. The firm and the staff are working analyzing and stablishing policies and procedures for Finance Department. Staff continue working for audit providing data to the auditors. Finance was successful in filling the Accounts Payable position. Annual Audit: Staff and Carmen Jackson firm continue working with Altman, Rogers & Co. in order to finalize audit answering question and providing data. iK k 7' R Fire & Building Department Fire Chief Clinton Crites We can always use volunteers, if you or someone you know is interested in serving your community, please give us acall at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:OOpm. a �svyfF+.. Statistical Information: Fire & Life Safety Inspections 2022 YTD: 214 with 192 violations noted. Emergency Calls YTD: 113 New Building Permits Issued 2022: 28 with a total valuation of $6,882,030.55 • Crews began annual hose testing the week of June Is' • Crews are performing multiple repairs and maintenance on the Fire Station and apparatus • Thank you to all those who donated items and attended the Phoenix Chapter Cruise, the funds raised will help support local emergency responders training! A great big shout out to Major Marine Tours and their staff for all their help in organizing, donating the vessel and crew, and providing the meal! Prevent careless wildfires. Pour water or sand on campfires and stir to make sure the fire is completely out. Never leave burning, hot or smoldering campfires. FEMA Please be extra vigilant with camping and cooking fires, we are in an extreme drought and are prone to wildfires. Crews will test over 12,000 feet of hose over the next two weeks! 1801 Grilling Fire Safety Stay fire safe this summer! Fallow these grilling safety tips. Only use your grill outside. Keep it at least 3 feet from siding, deck rails and eaves. 3 feet Keep a 3-foot safe zone around your grill. This will keep kids and pets safe.. Keep an eye on your grill, fire pit or patio torches. Clean your grill after each Don't walk away from them use. This will remove grease when they are Ilit. that can start a fire. -7 Open your gas grill before lighting. Place the coals from your grill in a metalcan with a lid once they have cooled. `AI Harbor Harbormaster Norm Regis ➢ The 330-ton Travelift has been very busy this week we are currently placing vessels into the water, there is roughly a week or so waiting list. ➢ We are working on the SMIC yard drainage to keep water flowing into the ditches. ➢ The water is on at all locations in the harbor. ➢ We have opened G, K and L-float still waiting on the pedestals, no water is available but we did set up a location between K and J float for the vessels to clean or get fresh water. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is starting to take shape, just a few more items to deal with and we can lease out the property again. ➢ The harbor office is currently open seven days a week. ➢ Continuing to have meetings for the North East harbor launch ramp, the contractor are placing the concrete ramp and other items for the project. ➢ They are prepping the North East parking lot for paving next week. ➢ We have applied for a federal grant from the PIDP for the washdown pad. ➢ We are continuing to work with Moffatt & Nicole on the design for the 5-ton crane on I -Dock. ➢ Working with the North East parking issues during the slide event, it is challenging at times with the construction going on in the North East Parking area but continually helping to ease the frustration with customers/businesses that are being affected during this trying time. Seward Community Library & Museum Bailey Sayler MUSEUM TEMPORARY DISPLAY Seward Coal Loading Facility The Temporary Display space presents a history of the now abandoned coal loading terminal. Learn the history of the terminal, along with its machinery pieces, and issues the terminal faced in its 32 years of operation. Also featured are historic photos of the terminal and models of historic Alaska Central Railway train cars and modern Alaska Railroad passenger cars. MUSEUM WINDOW DISPLAY Alaska Souvenir Spoons Featured in the Windows of History display is a collection of Alaska souvenir spoons. Learn a brief history of souvenir spoons in the USA and a history of the collector and donor of the spoons, local Barbara Shea. The spoons feature a variety of Alaska towns and motifs such as Seward, Valdez, Mt. McKinley, totem poles, and miners. Play in Chat Every Tuesday and Thursday, the Library and Bloom, work together to bring arts n crafts, story time, and play time for our younger crowd. Tuesdays we meet in the Library and Thursdays we will be meeting parents at the waterfront park as weather permits. Discovery Kits We have new Discovery Kits out for the public to use. New kits include Montessori letters and numbers, Zoo -Phonics, Anatomy, Cells, Time, Planets, Aquatic Discovery, and many more. Seward Summer Reading Program The Seward Summer Reading Challenge has started. We have reading logs available for patrons who wish to sign up and we will be having craft days on Wednesdays at 10 a.m. All ages are welcome to participate in the challenge. 23 Movie @ 2 The Movie @ 2 features the Waves Over Seward film that is shown, Monday — Sunday, at 2 p.m. for a $5 admission price. Upcoming Events June 15 (12 -4 p.m) Cosmos of Science — This will be a fun afternoon with many activities exploring coding, exoplanets, electromagnet spectrum, constellations, and light. June 18- Game night from 3-5 p.m. at the library! July (Tuesday) movie nights at the library! Come bring your family for a fun night watching a movie. Pedro's Pan July 12 at 10 a.m. - Matthew Lasley an Alaska Author is coming to read his book, Pedro's Pan. Imo. July 20 at 10 a.m. - 80% Studios will be presenting a work shop on the Chickaloonies comic book series, storytelling, and creating comic books. August 2 at 10 a.m. — Whitney Anderson an Alaskan Author and Illustrator will be at the library to read her book, Ocean Bear. For the month of April, we served over 8000 patrons. Library hours Tuesday — Friday Saturdays 9 a.m. — 6 p.m. 9 a.m. — 5 p.m. Museum Summer Hours Tuesday — Saturday 11 a. m. — 5 p. m. We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. 24 Parks & Recreation Ali Willhite Subscribe to the Parks & Rec Newsletter: httgs://tinyuri.com/sewardparksnewsletter • Advertising for summer seasonal positions —Campground Attendants, Parking Attendants • Training Maintenance Aides • Per Fish and Game, we have removed our weir at First Lake • Ordered updated parking lot signs for year-round use Campgrounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: httgs://www.ctyofseward.us/degartments/parks-recreation/cam pg rounds YTD Campspot Bookings as of 06/06/22 Period Site Nights Completed Bookings 6,596 Advance Bookings 19,873 Total: 13,277 Sports & Recreation AVTEC Gym Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement with the school. Visit RecDesk for details. AVTEC Hours in June Wednesday — Friday: 2:00pm — 8:00pm Sauna Hours in June Wednesday — Friday Men: 5:00pm — 6:00pm Women: 6:00pm — 7:00pm Register for programs and reserve facilities: httgs://seward.recdesk.com/Community/Home View program details: httgs: //www.cityofseward .us/departments/parks-recreation/sports-recreatio n Program Name Date Total AVTEC usage May 120 Pink Cheeks May 14 40 Exit Glacier Ma 22 48 W Ongoing Programs • Tot Time —Wednesday 2-4pm & Friday 2-4pm • Soccer— Wednesday 6-8pm • Adult Basketball —Thursday 6-8pm • Open Volleyball — Friday 6-8pm Upcoming Programs Youth Bear Bell Run; Friday June 17, Branson Pavilion. Ages 3-12. Registration at Seward.recdesk.com Volunteer Opportunities Lookingfor Youth Soccer Coaches for the 2022 Season. July —August. Practices on Monday and Wednesday nights. If interested please email Jenny Rutledge at Jrutledae cityofseward.net Youth Bear Be/ Run. Volunteers needed to help with race route, registration, finish line and hot dog cook out. Sign up at Signupgenius.com or contact Jenny Rutledge at jutledge cityofseward.net `I Public Works Department Doug Schoessler ➢ Public Works Director ➢ Report on Operations for the Bear Mountain Landslide We are finally winding down on the landslide debris removal efforts. As of Friday June 10, we ceased scaling and blasting efforts. Now we are on a wait and see how rain and wind effects what is left. The road lift at the slide area will stay in place for now and provide a catchment ditch for rocks. We are now working with geological teams form the State and USGS to review LIDAR data to determine any next steps for the Bear Mountain stability. ➢ Streets Department The Streets Dept operators have completed most of the painting for crosswalks and are working on repainting the yellow curbs. We worked with DOT to get the center lines and fog lines painted throughout town. There is still a few to finish on their next trip to Seward. We continue to patch asphalt potholes and grade gravel roads. Dust control on gravel roads is almost complete. We will continue to water as needed but hope for a little rain to help keep the dust down. ➢ Water & Wastewater Department These operators were able to keep water and wastewater systems up and running despite the landslide. Testing of both systems had very good results and stayed within permitting standards. Multiple locates and Dig Permits have been and continue to be processed weekly. The First Lake weir was clogged and problematic for P & R to clean so we made the effort to remove the weir slowly to bring the water level down to normal levels. MA 28 CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com June 8, 2022 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during May. General Matters: We reviewed and advised on public records requests. We reviewed the final version of the ACOE-City agreement for the Lowell Creek project. We advised on procedural aspects of an appeal of a Planning Commission decision. We advised on regulation of short-term rentals and potential code enforcement. Negotiated with the owner of two hotels to complete required repairs for fire code compliance and agreed upon a compliance schedule for outstanding repairs. We advised on a lease with Seward Wilderness Compost. Electric Utility: We continued to advise on a pending RCA matter for formation of a reliability organization. We advised on negotiation of a contract for purchase of transformers from Virginia Transformers Company. Personnel: We advised on personnel actions and drafted required documents. We advised on negotiation of the SPEA collective bargaining agreement and assisted with the negotiation. Port: We advised regarding a vessel that is severely delinquent in paying harbor fees and that is used as a residence. You can expect to receive our next status report by July 6. Very truly yours, CHANDLER, F NER MUNSON & CACCIO LP everm 011 June 2, 2022 Dear Seward City Council: CIAA I was appointed to the advisory board for Cook Inlet Aquaculture Association last fall, representing the City of Seward. CIAA is involved in salmon production for the Kenai Peninsula. Our Chamber of Commerce contracts out with them to enhance the silver run (there are very few naturally spawning, wild silvers in Resurrection Bay). CIAA also releases millions of red salmon here, mainly to harvest the adults as they return in order to raise money for their operations. The following is a synopsis of my observations and recommendations thus far. These observations are limited to my research and monthly board meetings. Cohos (Silvers): About 30,000 coho (silvers) smolt were recently (May `22) released into Resurrection Bay. This is funded through the Chamber from funds raised during the Silver Salmon Derby in August. This is a decline in numbers— 2021 had around 60,000 released, and 2020 had 97,000 smolt released, and is a result of a decline in funds raised during the 2020 Salmon Derby. This decrease in release numbers may result in smaller coho returns a couple of years from now. Sockeye (Reds): About 1.4 million sockeye smolt and another 2.5 million sockeye fry are being released this month into Resurrection Bay and Bear Lake. The smolt have been towed to Thumb cove for release in recent years, but are being released in the Spring Creek area this year. The sockeye releases are primarily for CIAA's benefit —the returning sockeyes are caught by seiners they've contracted out and sold at local canneries in order to raise money for CIAA. The sockeye fry are raised in Bear Lake for a year; CIAA "fertilizes" Bear Lake in order to increase plankton as a food source. The following spring the fry migrate out as smolt into the bay. The red fishery at Spring Creek is a direct result of these smolt and fry releases. The city has supplied the area with outhouses, garbage cleanup and other resources. I counted over 160 cars involved in that fishery on a recent Friday morning. The value of this sport fishery to the city is undetermined, but the fishery is almost entirely created by these hatchery reds as they return as adults to be harvested by CIAA. Recommendations: 1. Silver salmon are of great value to the Resurrection Bay system. Within the bay, the sports fishery is almost entirely dependent on these fish returning yearly. The salmon derby is a boon to our economy, and like the Mt. Marathon race adds name recognition to the city.) think it would be prudent for the city to support the Chamber in funding this resource, and encourage the sports fishery industry to kick in some support in order to ensure future returns. The silver catch has increased five fold in the last 50 years. This increase is due entirely to hatchery fish, which don't readily spawn. Seward has very little spawning habitat for a natural run of Silvers. Ni 2. The red run at Spring Creek is creating some issues, and should be evaluated. CIAA doesn't benefit from the sports fishery (the fish are meant to be either caught and sold, or used to populate the hatchery), and has attempted to move the release sites to decrease predation on the smolt and fry. I think it was wise of them to discontinue releasing the smolt in Thumb Cove —this could create a sports fish snag fishery there, inside the state park, which could be problematic. 3. CIAA should increase its communication with the city. In the past they have released reds into Grouse Lake, First Lake, and Thumb Cove without notice —and again, these reds are used solely to fund CIAA's budget. 4. CIAA's operations in this area don't appear to have a negative impact, other than Spring Creek. I'm not sure how healthy the Bear Creek system is, but we should all strive to keep it as healthy as possible. We don't have the same issues that Homer has (Tutka Bay in Homer is shallow, has little water flow, is surrounded by state park land —and we don't raise pinks here). 5. There is concern that too many hatchery fish are flooding the Pacific, in particular, pink salmon. These pinks are proven to out compete all other salmon (even orca and herring take a hit). Our reds and silvers have decreased in size (last year's derby winner was significantly smaller than average). CIAA is involved in a battle to close its Tutka Bay Hatchery (Homer) due in part to these concerns. Feel free to contact me with any questions. I'm also willing to come in for further discussion as needed. Bob Barnwell 907-599-0493 P.O. Box 2611 220 Bluefield dr. Kea Resolution 2022-074 Documents: • Agenda Statement • Resolution 2022-074 • Attachments: o PACAB Resolution No. 2022-005 0 2022 Redline Tariff changes o Resolution 2014-054 o Resolution 2007-097 33 City Council Agenda Statement Meeting Date: June 13, 2022 To: City Council Through: Janette Bower, City Manager From: Norm Regis, Harbormaster Agenda Item: Resolution 2022-074: Amending the Port & Harbor Tariff Regulations to Increase the Wait List Fee, Labor and Personnel Charges, Boat Tow Fees, Travelift Fees and Wharf Demurrage Rates Effective January 1, 2023 Background and justification: The Port & Commerce Advisory Board (PACAB) held a work session on March 16, 2022, to discuss tariff increases for the wait list, labor and personnel charges, boat tow fees, travelift fees and wharf demurrage rates. The proposed tariff items that were discussed excluding the 330-ton lift have not been increased since 2007. The 330-ton lift rates were increased by $78.50 in 2014 which was approved in resolution 2014- 054. At the April 6, 2022 regularly scheduled PACAB meeting PACAB passed resolution 2022-005 recommending the Seward City Council amend the Port and Harbor Tariff wait list, labor and personnel charges, boat tow fees, travelift fees and wharf demurrage rates, effective January 1, 2023. PACAB recommends to the Seward City Council to approve the proposed tariff changes for January 1, 2023 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans. Strategic Plan: Economic Base; We are a community that promotes economic diversity encourages growth of year-round businesses desires environmentally responsible industry and seeks jobs that promote a higher standard of living. Other: Increment in revenue of 10%-27% on different services rates. Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact 34 Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater ✓ Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* $ 5,616,211.15 $ 1,217,155.74 *unaudited numbers period end on 5.31.22 Finance Director Signature: Attorney Review✓ Administration Recommendation RYes Not applicable ex Adopt Resolution Other: B& Sponsored by: Bower Public Hearing: June 13, 2022 CITY OF SEWARD, ALASKA RESOLUTION 2022-074 A Resolution Of The City Council Of The City Of Seward, Alaska, Amending The Port & Harbor Tariff Regulations To Increase The Wait List Fee, Labor And Personnel Charges, Boat Tow Fees, Travelift Fees And Wharf Demurrage Rates Effective January 1, 2023 WHEREAS, the Port & Commerce Advisory Board (PACAB) held a work session on March 16, 2022, to discuss tariff increases for the wait list, labor and personnel charges, boat tow fees, Travelift fees, and wharf demurrage rates; and WHEREAS, the proposed tariff items that were discussed, excluding the 330-ton lift, have not been increased since 2007; and WHEREAS, the 330-ton lift rates were increased by $78.50 in 2014, which was approved in Resolution 2014-054; and WHEREAS, the proposed rates currently fall at the lower end of rates for other comparable Alaska harbors; and WHEREAS, the Seward Harbor and Seward Marine Industrial Center (SMIC) have continued to grow and improve since the rates were established, providing more amenities and attracting new services, as well as new customers; and WHEREAS, the cost to maintain and continue improved infrastructure are rising; and WHEREAS, the recommended rate increases will keep the City of Seward Harbor below other comparable harbors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 2023: Section 1. The Seward City Council enact the following rate increase starting January 1, (Deletions = Bold ; Additions = Bold Italics.) (b) Waiting List for Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: Ki. CITY OF SEWARD, ALASKA RESOLUTION 2022-074 23 feet (accommodates vessel 19 to 26 feet) 32 feet (accommodates vessel 27 to 36 feet) 40 feet (accommodates vessel 37 to 44 feet) 50 feet (accommodates vessel 45 to 54 feet) 75 feet (accommodates vessel 65 to 79 feet) 90 feet (accommodates vessel 80 to 94 feet) 100 feet (accommodates vessel 95 to 104 feet) 105 feet or longer- side tie only- up to 150 feet) Assignments to a reserved slip from the waiting lists shall be made by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of FORTYDOLLARS ($40.00) per year per listing on the waiting list (s) for a reserved slip assignment. The wait list year runs November 1 st through October 31 st 225 LABOR AND SERVICE CHARGES a) Specific Services. The following rates shall apply for services provided by the City of Seward: 4) Towing inside Boat Harbor- $52.50 $67.00 plus labor 5) Pumping vessel - $3.50 $40.00 plus labor 6) Used Oil, filter and sorbent disposal Over 5 gallons $0.53 $0.67 per gallon, plus labor and equipment Filters, sorbents $10.50 $13.00 per barrel or portion thereof, plus labor and Equipment b) Labor/Personnel. 3) All labor provided by City personnel shall be charged at FIFTY T-M10 DOLLARS AND SIXTY-SEVEN DOLLARS ($67.00) per hour straight- time (no premium) and SEVENTY EIGHT DOLLARS AND SEVENTY FIALE CENTS ($78.75) 37 CITY OF SEWARD, ALASKA RESOLUTION 2022-074 ONE HUNDRED DOLLARS ($100.00) per hour overtime. Work requiring call -outs shall be charged at a minimum of two hours at the overtime rate. c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital Projects within the City of Seward for similar equipment. 1) Loader 2) Grader 3) Oil Tanker 4) Pickup Truck 5) Crane Truck 6) Flatbed Truck 7) Dump Truck 8) Back Hoe 9) Pumps 10) Smart Ash Burner 11) Misc. Power Equipment $688.25 $87.00 plus operator $688.25 $87.00 plus operator $^�5 $60.00 $8.40 $11.00 plus operator $12.60 $16.00 plus operator $15.75 $20.00 plus operator $47.25 $60.00 plus operator $3 1.50 $40.00 plus labor $3 1.50 $40.00 plus labor $3 1.50 $40.00 plus labor $3 1.50 $40.00 plus labor 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Boat Harbor, the Harbormaster will charge users of those services ONE 14UNDRED THIRTY ONE DOLLARS AND TWENTY FIVE CENTS ($ ) TWO HUNDRED DOLLARS ($200.00) per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. 240 BOAT LAUNCH RAMP FEES b) Launch Fees. Vessels shall be charged THIRTEENDOLLARS ($13.00) per launch from the public launch ramps, or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED THIRTYDOLLARS ($130.00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 38 CITY OF SEWARD, ALASKA RESOLUTION 2022-074 255 50-TON TRAVELIFT FEES (b) Lift. Fee 1) Minimztm Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY FIVE CENTS THREE HUNDRED DOLLARS (300.00) for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. 2) Water to Water Maintenance Lift. The minimum fee for a water to water maintenance lift shall be ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS ($ ).ONE HUNDRED FIFTYDOLLARS ($150. 00) for the first half hour (1/2) if the lift goes over the half hour (1/2) it will be billed in fifteen -minute increments (15) at the rate of SEVENTY- FIVE DOLLARS ($75.00) per one quarter hour of use or any portion of time less than one(1/4) hour. If the lift has to travel or the vessel needs to be blocked for any reason the current one -hour lift rate applies. 3) Additional Lift Fee Rates for Large Vessels. hi addition to the minimum fee, the lift fee shall be THIRTYDOLLARS ($30.00) per foot of vessel length for each foot over fifty (50) feet during the first hour of use or any portion of time less than one (1) hour. 4) Second andAdditional Hours ofLiff. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of FIFTY NINE DOLLARS AND SEVENTY-FIVEDOLLARS($75.00) per one -quarter (1/4) hour or any portion of time less than one -quarter (1/4) hour. 5) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY FIVE CENTS ($2) THREE HUNDRED DOLLARS ($300.00) per hour. 39 CITY OF SEWARD, ALASKA RESOLUTION 2022-074 265 330-TON TRAVELIFT FEES (b) Lift Fee 1) Minimum Fee. The minimum fee for a lift on the 330-ton Travelift shall be FOUR HUNDRED TWENTY FIVE DOLLARS ($425.00) FIVE HUNDRED FIFTY DOLLARS ($550.00) for the first hour of use or any portion of time less than one hour. For use of a lift in excess of one (1) hour, additional time shall be charged in fifteen (15) minute increments. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. 2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY-FIVE (55) feet in length, an additional THIRTYDOLLARS ($30.00) shall be charged for each foot of vessel length over fifty-five (55) feet during the first hour of use or any portion of time less than one (1) hour. 3) Relocation and Reblocking Fees. Reblocking of all vessels on the uplands shall be charged at a rate of FOUR HUNDRED TWENTY FIVE DOLLARS ($425.00) FIVE HUNDRED FIFTY DOLLARS ($550.00) for the first hour of use or any portion of time less than one (1) hour. Reblocking consists of lifting the boat, adjusting/replacing the blocking materials and setting the boat down in the same space. If a boat is to be relocated to another space or yard, lift fees apply as listed in sections (1) and (2) above. 300 WHARF DEMURRAGES (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof: Commodity First 5 days After 5 days All freight, N.O.S. $1.26 $2.00 $2.52 $3.20 Section 2. This resolution shall take effect on January 1, 2023. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13t' 40 CITY OF SEWARD, ALASKA RESOLUTION 2022-074 day of June, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor :si CITY OF SEWARD, ALASKA Sponsored by: Administration PORT 2kND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 A RESOLUTION O F TH L PORT AND C.O NI M E RC E ADVISORY BOARD OF THE CITY OF SEN),'ARD, ALASKA, IZECO.NI MENDING THAT CITY COUNCIL AMEND THE PORT & HARBOR TARIFF REGULATIONS TO INCREASE THE WAIT LIST FEE, LABOR AND PERSONNEL CHARGES, BOAT TOW FEES, TRAVELIFT FEES AND WHARF DEMURRAGE RATES EFFECTIVE JANUARY 1, 2023 WHEREAS, the Port & Commerce Advisory Board (PACAB) held a work session on March 1 6 , 2022, to discuss tariff increases for the wait list, labor and personnel charges, boat tow fees, Travelifl fees and wharf demurrage rates; and WHEREAS, the proposed tariff items that were discussed excluding the 330 ton lift have not been increased since 2007; and WHEREAS, the 330 ton lift rates were increased by $78.50 in 2014 which was approved in resolution 2014-054; and WHEREAS, the proposed rates currently fall at the lower end of rates for other comparable Alaska harbors; and WHEREAS, the Seward Harbor and SMiC has continued to grow and improve since the rates were established, providing more amenities and attracting new services. as well as new customers; and WHEREAS, the cost to maintain and continue improved infrastructure are rising; and X'*'IIEREAS, the recommended rate increases will keep the City of Seward Harbor below other comparab1 Harbors. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SENVARD, ALASKA that: Section 1. The Port and Commerce Advisory Board recommends the Seward City Council enact the following rates starting January 1, 2023: (Deletions = Bold StAket troughs; Additions = Bold Italics.) 200 MOORAGE EM PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 (b) Il'( ing Li.s! f n- Res'e )-i- red Slit)-Is.sjgnn�� w, DLIC to the demand for slips on the City of Seward float system, vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 23 feet (accommodates vessel 19 to 26 feet) 32 feet (aceonunodates vessel 27 to 36 feet) 40 lect (accommodates vessel •7 to 44 lecl) 50 tect (accommodates vessel 45 to 54 feet) 75 feet (accommodates vessel 65 to 79 feet) 90 feet (accommodates vessel 80 to 94 feet) 100 feet (accommodates vessel 95 to 104 feet) 105 feet or longer - side tie only - up to I SO feet Assi` nments to a reserved slip from the waiting lists shall be made by the Harbormaster based on the Slip si/,c available and the most senior name on the waiting list for that size slip. There is a fee ofT-J4IR V-0NF, D01,r A RS "ern F! ❑TV rF-NTS (91,50) FORTYDOLLARS (540.00) per year per listing oii the 4\ aiting list(s) for a reserved slip assignment. The wait list year rugs November I" through October 31". 225 LABOR AND SERVICE CHARGES (a) Specific Services. The fol I o kv 111g rates shall apply flor scrs ices prey\ idcd bN the Cily orSeward: (4) Towing inside Boat Harbor - $5 $67.00 plus labor (5) Pumping vessel - $31.50 $40.00 plus labor (6) Used Oil, filter and sorhent disposal Over 5 gallons $ .5-4 SO. 67 per gallon, plus labor and equipment Filters, sorbents e'er S13.00 per barrel or portion thereof, plus labor and equipment (b) LahorlPersonnel. 43 Ell, PORT AND COMMERCE AD`'ISORY BOARD RESOLUTION 2022-005 (3) All labor provided by City personnel shall he charged at IFTV TNN'0 nr.i r A uS A n '—Cld:NTS-+S_+27-50) SJXTY-SEVEN DOLLARS (S6-700) per hour straight -time (no premium) and SE-VENT-V LIGHT DO i ADC AND CL`1'L'NTY LIVE CENTS ($78.75) ONE HUNDRED DOLL. -IRS ($100.00) per hour overtime. Work requiring call -outs shall be char,cd at a imniinum of two hours at the overtime rate. (c) Er(mpment• When the City utilizes City equipment to provide sen•iccs under this subsection, it G� ill charge users for the cast of'that equipment on, III hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader (2) Grader (3) Oil Tanker (4) Pickup Truck (5) Crane "Truck (6) Flatbed Truck (7) Dump Truck (8) Back Hoe (9) Pumps (10) Smart Ash Burner (11) Misc. Power Equipment $68.25 $87.00 plus operator s$68.25 $87.00 plus 011cI-ator 1$47.25 $60.00 ".40 $11.00 plus operator $12.60 $I6.00 phis operator $15.-75 $20.00 plus operator $47.25 $60.00 plus operator $0 $40.00 plus labor $31.50 $40.00 plus labor $31.50 $40.00 plus labor $40.00 plus labor 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff pro% isions, wlien the City uses city equipment and personnel to provide assistance (such as towing) to VcsscIS r)ut,�ide of the Boat Harbor. the Harbormaster will charge users of those services ONE U 1)4UW 414IRT-V ONE DOLLARS AND TWENTY FFVE CENT&{SE TWO HUNDRED ($200.00) per hour for the first hour, or any part thereof, and any services beyond the first hour at 15010 of the City's actual costs, including city labor costs as determined in Subsection 225 of this tan If. 240 BOAT LAUNCH RAMP FEES (b) I,rrrrnc h T'ves_ Vessels shall he c:har�,cd TEN DOLLARS ($10.00THIRTEEN DOLLARS ($13.00) per launch from the public launch ramps, or -essel m ners or operators may obtain an annual launch permit sticker for 0NF H E1 N DRTA)-4)CiLL,4 RS $1 00.00) ONE HUNDRED THIRTY DOLLARS ($130.00) entitling; a spccific vessel and mvner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled stalely by human power, ,. hich shall pay FIVE DOLLARS ($5.00) per launch, or FII= I') D01.1,A R S (S-50.00) for an annual 44 PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 launch permit. Annual lees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 255 50-TON TRAVELIFT FEES (b) Lift Fee (1) ;tlinimum Fee. The minimum fee for a lift shall he TWO 11 UN'ARE-D .:I 4,1'- DOLLAR-4 36.25.) THREE HI'iNDRED DOLLARS ($300.00) fOr the first hour of use or any portion of time less than one hour. The litt fcc will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lilt is subsequently interrupted, suspended or canceled for any reason. The risk Of loss bCcaLlsc of a suspended or canceled lift by reason of mechanical failure or difficulty with the Ti-avelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner i.-lils to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee wilt be charged. (2) Water to Water Maintenance Lift. The minimum fee for a water to water maintenance lift shall be _,11�1114-41 E 1 R ) ONE HUNDRED FIFTY DOLLARS ($150.00) for the first Elalf hour (1,2) if the lift goes over the half hour (1/2) it will be billed in fifteen-immute incrcn1cnts (15) at the rate of FIFTY NINE DOLLARS X-CT-N_TS (S59.4 6) SEFE:YTY-FIVE DOLLARS ($75.00) per one quarter hour of use or any portion of time less than one (114) hour. If the lift has to travel or the vessel needs to be blocked for any reason the current one -hour 1 i ft rate applies. (3) :' ddltiW WI lift Fcc Ralc.r fin- I.rm-`e i'c.s.sel.v. In addition to the minimum fee, the llft fee ~hall be 4.NTV ON DOL t A RS rc2" nm THIR TY DOLLARS ($30.00) per toot of o csscl length fbr cash foot over fifty (50) feet during, the first hour of use or any portion of time less than one (1) hour. (4) SCC017d and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen ( E 5) minute increments at the rate ofll`lliTY-NIS AND SIX CENTS (tiCa� SEVENTY --FIVE DOLLARS ($75.00) per oiic-quarter (1/4) hour or any portion ol' tinic less than one -quarter (1/4) hour. ( ) Rclo Galion I-ec. lZclocation of all vesscls on the uplands shall be charged at a rate of 4AVO 14UNDRED TAT SIX DOLLARS AND TMIENTV' FIVE CENTS `e'er THREE HUNDRED DOLL A RS ($300.00) per hour. 265 330-TON TIRAVELIFT FEES W PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 (b) Lill Fc'c (l } ;1fir7iini(ni Fc'c. Tlic minimum fec for a lift on the 330-ton Travelift shall be FOU #-1�-N4),RE D ' I W F: - F-N'-FIVE 01 ram;—($�5� } FIVE HUNDRED FIFTY DOLLARS (S5:50.00) fir the 11rst hour of Else or any portion of time less than one hour. For use of'a lift in excess ofone (1) lhour. ,additional time shall be charged in fifi.een (15) Minute increments. The overall length of the vessel will determine the lilt fee. A full lift fee is charged once a lift has commenced. e,,cn il'that lift is 5ribsequently interrupted, suspended or canceled for any reason. The: risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Tray elift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vt�sels. For all vessels over FIFTY-FIVE (55) feet in length, an additional T-)E~:?+l"1' -ONE-- DOL' "RS <e7.O1�' THIRTY DOLLARS ($30.00) shall be charged for each looE of'v csscl length over fifty-five (55) feet during the first 11oLIr of'usc or eeny portion ol'onic lcs flian one (1) hour. (3) Relocation anti Rc b1ock im Fees, Reblockin- of all vessels on the uplands shall be charged at a rate of F0t,R -!R NDRE113 TWENTY #r1N•-F DOLLARS ($425.00) FIVE HUNDRED FIFTY DOLL, 4 R S ($550.00) for the first hour of use or any portion of time less than one (1) hour. Reblocking consists of lifting the boat. adjusting/replacing the blocking materials and setting the boat down in the same space. E f' a boat is to be relocated to another space or yard, lift tees apply as listed in sections (1) and (2) above. 300 WHARF DEMURRAGE (d) Raw.. Af(cr expirallon of applicable fret' time. wharf dcinurra4ue will be assessed at the following rates (per clad, per ton (2,000 lbs.) or portion thereof Commodity First 5 days After 5 days All freight, N.O.S. S136$2.00 $242 $3.20 Section 2. This resolution shall take effect immediately upon its adoption. ►R (City Scal) PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 PASSED AN ;kPPRON'ED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this 0"' day of .e� ril. 2022. THE CITY OF SEWARD, ALASKA Brandii Holmdahl, Chair AYES: Jaffa, Smith, Hughes, Lawrence, Paquette, Holmdahl NOES: None ABSENT: Woelkers ABSTAIN: None ATTEST: Kris Peck Acting City Clerk •wUti1097rh}r `•�' p� per• ., I OP Is SEAL p_ 47 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a rust -come, first -served basis, but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion; and, (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged �'£-F.N Do r , g �^.R�,}. rH1RTffiN DaLL_AR�j_�Sl;.a()i per launch from the public launch ramps, or vessel owners or operators may obtain an annual launch permit sticker for r,r'� } —0NE IJUNDRFD TI-IIRT f$13t� 00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual. launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restroom facilities located in the Harbormaster's building. The showers are token -operated, and the fee is TWO TOKENS (S 1.00 each) for 7 minutes. Tokens are available outside of the Harbormaster's office twenty-four hours a day. 250 50-TON TRAVELtFT (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Boat Harbor. The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people, (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lilt agreement (in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel bull type and configuration; (3) Location of all hull attachments and through -the -hull fittings, including propeller shafts, rudders, etc.; (4) Location, weight and type of ballast, fuel and water tanks; and, (5) Any special lift requirements to avoid vessel damage- (c) Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to Port and Harbor Tariff Regulations City of Seward. Alaska Effeeltve January 1, 2022 19 48 SECTION II - SERVICES AND CHARGES 200 MOORAGE Outside the Boat Harbor: Vessels berthing or departing city docks, wharves, or any other terminal facility, including the shiplift system, must use sufficient tugs so that vessels can be berthed or removed in a safe manner. Berthing speed shall not exceed sixteen feet per minute, unless approved by the Harbormaster. Within the Boat Harbor: (a) Assignment ofBerths. The Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities. The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster. Berth assignments are made to a particular combination of vessel and owner/operator, are not assignable by the owner/operator and automatically expire upon sale or transfer ofthe vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to maximize the public's use of existing facilities, it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor. (b) Waiting List far Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 23 feet (accommodates vessel 19 to 26 feet) 32 feet (accommodates vessel 27 to 36 feet) 40 feet (accommodates vessel 37 to 44 feet) 50 feet (accommodates vessel 45 to 54 feet) 75 feet (accommodates vessel 65 to 79 feet) 90 feet (accommodates vessel 80 to 94 feet) 100 feet (accommodates vessel 95 to 104 feet) 105 feet or longer - side tie only - up to 150 feet Assignments to a reserved slip from the waiting lists shalt be made by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of flaroa„�,;� r,6,_£,�;�,.fT E �1-(�34754)_F0RT' Dt�l_i,.iRS $4f t?.00) per year per listing on the waiting list(s) for a reserved slip assignment. The wait list year runs November 111 through October 3111. (c) Reserved Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Boat Harbor to a particular vessel on a semi-annual basis. (2) A reserved slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Boat Harbor, a reserved assigned slip may be assigned to a transient vessel when the reserved assigned owner/vessel is out of the harbor. (4) Upon the return of the reserved assigned vessel to the Boat Harbor (provided proper notifications are given and based on harbor congestion and the difficulties involved in moving vessels), the Harbormaster will attempt to rearrange vessels so that a vessel with a reserved slip assignment may berth at that assigned slip. Port and Harbor TariRegulations Effective January 1, 2022 City of Seivar4� Alaska 49 (1) Tug Operators. Vessels employed solely in the business of providing tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly dockage rates. (2) Vessels Under Repair. Subject to scheduling requirements, the Harbormaster may, upon request, allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair; and (ii) The monthly dockage rate is paid in advance by a full 30 days; and (iii) The user shall not be entitled to a refund for any reason including user's departure during the 30-day period or rescheduling of the dock use by the Harbormaster to other vessels in need of repair or maintenance- (c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall be adjusted annually so as to be effective as of January 1', to reflect the five previous published years' average increase in the Consumer Price Index, All Items, 1982-84=100 for all Urban Consumers, Anchorage, Alaska ("CPI") as published by the United States Department of Labor, Bureau of Labor Statistics. Bills sent out prior to January I will reflect the upcoming January 13' adjusted rates. (For example, 2017 rates reflect an increase based on the average CPI for 2010-2014). 220 HANDLING, LOADING AND UNLOADING Handling, loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form provided by the City. 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all tabor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage or handling. (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (1) Potable water furnished to vessels (i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire hydrant: No charge. (ii) All service in excess of 1,000 gallons: (1) During regular business hours: BASIC CONNECT CHARGE - $52.50. (2) Outside regular business hours: BASIC CONNECT CHARGE - S105.00. (iii) In addition to (ii) above, a variable rate of $6.32/1,000 gallons shall be charged for potable water. Port and harbor TariRegulations City of Seward, Alaska Effective January 1, 2022 15 50 (2) Electricity - Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less). Electricity (per kilowatt hour) $0.3 1 ------------ ----------------- ustomer charge for tenants (prorated--- -- in- i-w--ee-k increments) once per billing cycle) $23.17 Customer charge for transients or guests (once per location) -------------- $23.17 (ii) Transient Vessels staying 15 consecutive days or less Connect Pee ------------------------------------------- None Electricity (daily - rate) 120 volts 208 volt/single phase - - - - $20,00 208 volt/three phase - $40.00 Customer charge (per month) None (3) Electricity - Seward Marine Industrial Center 0) Connect fee $29 81 (ii) Electricity (per kilowatthour)--------------------------------------------- ----------------------------- $0.40 (iii} Customer charge (per month)----�--------- $47.53 (4) Towing inside Boat Harbor - $52:�O $67.00 plus labor (5) Pumping vessel - i.§o $40.00 plus labor (6) Used Oil, filter and sorbent disposal Over 5 gallons 0 $0.67 per gallon plus labor and equipment Filters, sorbents 10,50- $13.00 per barrel or portion thereof plus labor and equipment (b) Labor/Personnel (1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services- (i) All services not specifically described in this tariff. Services of loading, unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S., and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items contained in this tariff-, (iii) Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which, because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance; (iv) Services of cleaning city docks, or terminal facilities, of dunnage, stevedore gear and other equipment or material when the shipper, vessel owner or consignee fails to Promptly clear the facility as requested by the Harbormaster; (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for a workday between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sunday. When overtime or penalty time wages to labor are necessary, rates are adjusted to include such penalties or differential rates. Port and Harbor Tariff' Regulations City of Seward, Alaska EfsctfveJanuary 1, 2022 16 61 When a user notifies the Harbormaster of a request for labor for a specified time, and labor is on the job and ready for work at that time, the use shall be charged from the time the labor is ready for work until the work is concluded even if the work is delayed, provided such delay was not the fault of the City. (3) All labor provided by City personnel shall be charged atCENTS : v taanc cx�r--rrrr�-�t-F-1--z (am5--2- } SIXTY SEVEN DOLLARS L$67.00) per hour straight time (no premium) and �W 11' l l�"ri 1 l E. J — rTMYT'� c;EVE rTv rune- .-G�rm-rQr QNF HUNDRED DOLLARS ( $100,00) per hour overtime. Work requiring call -outs shall be charged at a minimum of two hours at the overtime rate. (c) Equipment_ When the City utilizes City equipment to provide services under this subsection. it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader............................................................................................... �".24U7.00plus operator (2) Grader.......................................................................... .................. ` 4587.00plus operator (3) oilTanker......................................................................................... $47-25 S60.00 (4) Pickup Truck............................................................ ....................... 584-4$1 1.00 plus operator (5) Crane Truck..................................................................................... &4` 64516,00plus operator (6) Flatbed Truck.................................................................................... 4-5-74 2Q.00plus operator (7) Dump Truck...................................................................................... $4;L2 556Q.00,plus operator (8) Back Hoe.......................................................................................... &Al.50140.00plus operator (9) Pumps............................................................................................... $31 $4.0.00 plus labor (10) Smart Ash Burner............................................................................. _ 1 9 40.(30 plus labor (11) Misc. Power Equipment .... ................................. .............................. $3I.58$40.00 plus labor (d) Special Services. Except where otherwise required by law, the Harbormaster has the authority to refuse to provide or to arrange for the provision of services in addition to those set out in Paragraph (a) above. Special services, including waste, or garbage disposal shall be billed at the City's actual cost-plus 35% administrative overhead charges (including City labor costs as determined in Paragraphs 2 and 3 above) plus 125°% of City costs for services arranged for by the City but provided by others. Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and ordinances. (e) Miscellaneous Charges (1) Meter test, each, when previous test occurred within24 months ......... ..................... .................................................. ............... $52.50 (2) Deposit required for transient moorage customers staying 15 or more consecutivedays............................................................................................... S 100.00 (3) Tampering with or unauthorized breaking of meter seal ................................. $525.00 (4) Dishonored check fee ............ (5) Reconnection afl•cr disconnect of delinquent accotmt....................................... .$42.00 tort ana Harbor 7 arty Kegulations - - City of Seivard Alaska Effective January 1, 2622 17 52 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in Subsection 100 hereof The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b) Filing of forms and payment of fees, Prior to January 15' of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided by the City, no later than the last day of the month following the month for which the fees are being reported (i.e., if you are filing June Passenger Fees, it is due in the Harbor Office no later than close of business on July 31)_ The City may require more or less frequent filing, depending on the account status of the filer. A return must be filed every period, even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of$25 for each missed filing. Failure to remit all fees collected or later found to be due by the due date is subject to a penalty in the amount of 10% of the amount owed, not to exceed $500, plus interest charged at the maximum rate allowed by law per year, compounded monthly. (c) Failure to file. When an operator fails to file a return, or when the city manager finds that a return filed by an operator is not properly supported, the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230 (b). 231 CAPITAL RENEWAL AND REPLACEMENT FEE Fee.ln addition to othertariffprovisions, the terms and conditions of this item apply and charges are assessed to all vessels paying moorage and/or dockage in the Seward Boat Harbor. A capital renewal and replacement fee will be assessed to each vessel according to overall length_ The fee will apply for each calendar month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Boat Harbor. The fee must be pre -paid with moorage, or will be billed accordingly, as follows: $5.00 fee per month or fraction thereof Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof: Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Boat Harbor, the Harbormaster will charge users of those services TWO H€ iN17RF'I� DOLLARS ($200.00) per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, plus inel+KfiRgcity labor costs as determined in Subsection 225 of this tariff. Port and Harbor Tariff Regulations City of'Seivard, Alaska Effcctive January I, 2022 18 53 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a first -come, first -served basis, but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion; and, (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged TEN PQ LrA RSA r;n g �.o�_THfRTEEN,Dt�!LL��,ftS per launch from the public launch ramps, or vessel owners or operators may obtain an annual launch permit sticker for OIL fIk NC L n+ c��+ ONE HUNDRED THIRTY DOLLARS l 34_Qtl) entitling a specific vessel and owner to launches from January I through December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restraoin facilities located in the Harbormaster's building. The showers are token -operated, and the fee is TWO TOKENS (S1.00 each) for 7 minutes. Tokens are available outside of the Harbormaster's office twenty-four hours a day. 250 50-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Boat Harbor. The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift; will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people- (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through -the -hull fittings, including propeller shafts, rudders, etc.; (4) Location, weight and type of ballast, fuel and water tanks; and, (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to Port and Harbor Tariff Regulations City of Seward Alaska Effective January I. 2022 19 54 block the vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 255 50-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lilt shall be T-W049jNBl �ll_i�.I-S SIX DOL A AND--rrv_�€�r� CKNTc (S236.23) THRFE HUNDRED DOLLARS ($300.00 for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Water to Water Maintenance Lift. The minimum fee for a water to water maintenance lift shall be ONE HUNDRED EIGHTEEN DOLLARS AND T-PIRTE-F -G N4:8 (S1j8A9-)__QNE HUNDRED FIFTY DOLLARS ($150.00) for the first half hour (1/2) if the lift goes over the half hour (1/2) it will be billed in fifteen -minute increments (15) at the rate of F N r GIAn c ,�>TT ran cry GENTS icon 06) SEVENTY FIVE DOLLARS ($75.00) per one quarter hour of use or any portion of time less than one (114) hour. If the lift has to travel or the vessel needs to be blocked for any reason the current one -hour lift rate applies. (3) Additional Lift Fee Rates, for Large Vessels. In addition to the minimum fee, the lift fee shall be = W ENT �r�ED_ I "s -(' 1 �} THIRTY DOLLA1ZS $( 30.00 per foot of vessel length for each foot over fifty (50) feet during the first hour of use or any portion of time less than one (1) hour. (4) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of T'4,-IF-T---�'��- E UOI ' ^ RS AND crX'. uFNTS_ `c9_494►64 SEVENTY FINE DOLLARS ($75.00) per one -quarter (114) hour or any portion of time less than one -quarter (1/4) hour. (5) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of ;T3A7 a,[t ».rDREB THIRTY SIX DOLLARS AND TWENTY FIVE r-rN`S t j THREE HUNDRED DOLLARS $300.00) per hour. 260 330-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 330-ton Travelift in the Seward Marine Industrial Center, The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: Fort and Harbor 7'at'iRegula£ions City of Seward, Alaska Effective January 1, 2022 20 6si.. (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Gift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the form provided by the City) having first been completed. It shall be the responsibility ofthe vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through -the -hull fittings, including propeller shafts, rudders, etc. (4) Location, weight and type of ballast, fuel and water tanks; and, (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destination location_ It is the responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to block the vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 265 330-TON TRAVELI F`T FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 330-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Gift Fee (1) Minimum Fee. The minimum fee for a lift on the 330-ton Travelift shall be�'�.'l'13D1;1 B T AIIE ;ATV r�-, n,L-T�� .S,FIVE fRJNIDRI D FIFTY DOLLARS L$550.W far the first hour of use or any portion of time less than one (1) hour. For use of a lift in excess of one (1) hour, additional time shall be charged in fifteen (15) minute increments. The overall length of the vessel will determine the lift fee_ A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. Port and Harbor Tariff Regulations City of Seward, Alaska Effective January 1, 2022 21 56 (2) Additional Li Fee Rates far Large Vessels. For all vessels over FIFTY-FIVE (55) feet in length, an additional STY_�nnr r TH1R`fY DOLLARS � ( E nnc ($21 O) -_---��-�.�--��-{$30.00) shall be charged for each foot of vessel length over fifty-five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Relocation and Reblocking Fees. Reblocking of all vessels on the uplands shall be charged at a rate of FOURHUNDREDTWENTY FIVE DOLLARS (WaJ nm FIVE HUNDRED FIFTY DOLLARS ($550,00) for the first hour of use or any portion of time less than one (1) hour. Reblocking consists of lifting the boat, adjusting/replacing the blocking materials and setting the boat down in the same space. If a boat is to be relocated to another space or yard, lift fees apply as listed in sections (1) and (2) above. (c) Wash Down Pad Fee (1) Pressure washing shall only be performed on the wash down pad. The work will be performed by private personnel — either vessel owners and crew or licensed and insured vendors. (2) If for whatever reason, the wash down system is not useable, the Harbor may issue an assurance to the customer that the facility can be used at another time. (3) The straight time rate for using the pad is $2.50 per foot per hour. There is a one hour minimum. Additional time over the first hour will be billed in 15-minute increments. 270 CRANE USE FEE (a) Description afCharge. The crane training/usage fee is the charge for utilizing the i0-ton crane located at SMIC on the North Dock: (1) Individual User: A separate fee is generated when an operator completes an online training program, this fee is paid by the individual not the City of Seward, prior to the proficiency training by harbor personnel. (2) Commercial/Permit Holder. A separate fee is generated when an operator completes an online training program, this fee is paid by the individual(s) not the City of Seward, prior to proficiency training by harbor personnel. (3) $52.50 fee is required for proficiency training conducted by harbor personnel located at the North Dock. (4) Individual Annual Crane Card: $52.00 per year for three (3) years; the fee will be automatically billed to the indiv►dual's account from effective date of the Crane Card agreement. When the term expires, a new agreement will need to be signed. (5) Commercial/Permit Holder Annual Crane Card: $104.00 per year for two (2) Permit Access Cards, or $208.00 per year for four (4) Permit Access Cards; the .fee will be automatically billed to the Permit Holder's account, ending three years from effective date of the Crane Card agreement. When the term expires, a new agreement will need to be signed. (6) Crane Card Replacement: $5.00 per card. (7) Crane Usage: 0-15 min $22.66 16-30 min $42.32 31-45 min $67.98 46-60 min $90.64 275 SIIIPLIFT FEE Port and Harbor TariRegulations City of Seward! Alaska Effective January 1, 2022 22 57 300 WHARF DEMURRAGE (a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities after the expiration of free time, unless arrangements have been made for storage. (b) Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free time starts at 7:00 a.m. after freight is received or unloaded onto wharf from car oftruck or, in the case of freight received from vessel, at 7:00 a.m. after completion of vessel's discharge. On outbound traffic, the day or days vessel is loading are not included in the computation. On inbound traffic from vessel, delivery of which is made after the allotted free time, the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep-sea vessels and involves application of both a long and a short time period, the longer period shall be allowed, but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof): Commodity First 5 days After 5 days All freight, N.O.S. ' .?� 52.00 "2, 3 S_ _20 Mobile homes, portable buildings, living quarters $26.25/day/vnit S 105.00/day/unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY-SIX CENTS ($.26) per square foot for each month or fraction thereof after expiration of free time above. (e) Lay -Down Areas. All cargo is expected to vacate city docks, wharves and piers as soon upon arrival as possible. Cargo is not to be stored on city docks, piers and wharves awaiting pick up by vessels unless prior arrangements are made with the Harbormaster. The Harbormaster shall have the discretion to refuse all cargo activities and/or lay -down, either inbound or outbound. Cargo that is allowed to wait for "beyond" transportation shall adhere to the following rules: (1) Lay down areas are outside of 100' of water front immediately adjacent to the dock, wharf or ramp. (2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay - down areas. (3) Cargo and freight not placed in a designated lay -down area must be immediately removed from a city dock or terminal facility upon order of the Harbormaster.. (4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf demurrage at five times its applicable rate, starting at the time the vessel, shipper or consignee is noticed to move the cargo. (5) In addition, the Harbormaster may, in his discretion, move cargo or freight, and any expense or damages, including damage to cargo or freight during such movement, shall be charged to the vessel, shipper or consignee, except for damages caused by the City's own negligence. Part and Harbor TariffRegulations City of Seward. Alaska Effective January 1, 2022 29 58 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, WAIVING COMPETITIVE PROCUREMENT REQUIREMENTS TO AUTHORIZE THE SOLE -SOURCE PURCHASE OF A NEW 330 TON BOAT LIFT FROM MARINE TRAVELIFT IN THE NET AMOUNT OF $1,441,087, DECLARING THE CURRENT BOAT LIFT SURPLUS TO BE USED AS A TRADE-IN, REVISING THE HARBOR TARIFF TO INCREASE THE LIFT RATES, AND APPROPRIATING FUNDS WHEREAS, the current boat lift is ageing and needs to be replaced; and WHEREAS, the recommended replacement is a 330 ton Marine Travelift; and WHEREAS, the purchase of a new lift will make the current lift surplus to the City's needs; and WHEREAS, the City proposes to increase its lift fees to help pay for the purchase. x: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Sections 105, 260, and 265 of the Port & Harbor Tariff Regulations entitled respectively Application of Tariff, 250-Ton Travelift, and 250-Ton Travelift Fees are amended as follows: Strikeout = delete Bold Italics = new Table of Contents SECTION II - SERVICES AND CHARGES 260 2-50330-TON TRAVELIFT (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 265 2-SO330-TON TRAVELIFT FEES (a) Description of Charge (b) Lift Fee 59 CITY OF SEWARD, ALASKA RESOLUTION 2014-054 105 APPLICATION OF TARIFF (a) General Application of Tariff. Rates, charges, rules and regulations provided in this tariff will apply only to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of Seward, merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the City of Seward, and specifically to municipal docks, structures appurtenant thereto and waterways under the management of the City of Seward. The rates, charges, rules and regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine Industrial Center (SMIC), including yards, basin, docks, dolphins, 25-0330-ton Travelift, and shiplift platform; and any other terminal facilities under the jurisdiction and control of the City of Seward. SECTION II - SERVICES AND CHARGES 260 2-50330-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 2.50330-ton Travelift in the Seward Marine Industrial Center. The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: 265 254330-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250330-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 2-50330-ton Travelift shall be FOUR HUNDRED TWENTY-FIVE DOLLARS ($425.00)for the first hour of use or any portion of time less than one (1) hour. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the 60 CITY OF SEWARD, ALASKA t RESOLUTION 2014-054 it boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. Section 2. The City Council of the City of Seward, Alaska, hereby finds that the public interest is best served by waiving competitive procurement requirements of Seward City Code §6.10, in accordance with SCC §6.10.130, based on the following findings: 1) past excellent service and response from Marine Travelift, the vendor of the City's existing boat lifts; 2) trade- in offer for the existing 250-ton lift; 3) the quality of Lift equipment and parts from Marine Travelift has been excellent; 4) maintaining a consistent make of equipment is cost-effective and standardization of equipment saves on repair time; and 5) preference to purchase from a vendor within the United States of America. Section 3. The City Manager is hereby authorized to enter into a purchase agreement with Marine Travelift for the purchase of a 330-Ton Marine Travelift for a gross cost of $1,881,087 including shipping, and the current boat lift is declared surplus and will be used as a trade-in, resulting in a net cost not to exceed $1,441,087. Section 4. Funding in the amount of $1,441,087 is appropriated to the SMIC Enterprise Fund equipment account no. 12000-2504-8103 as follows: 1) $62,000 from the SMIC Enterprise Fund cash reserves; 2) $350,000 from the General Fund reserves; and 3) a loan in the amount of $1,029,087 from the Motor Pool Internal Service Fund, the terms of which will be authorized by separate resolution of the Seward City Council. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14"' day of July, 2014. THE CITY OF SEWARD, ALASKA ��) 4�tl� can Bardarson, Mayor AYES: Keil, Terry, Squires, Darling, Bardarson NOES: Casagranda ABSENT: Butts ABSTAIN: None AT EST: ` Jollianna coney, C ap`�°r , Ci y Cler A � 1 'q :. • � i (City Seal) xsr 9 --�- ,., Sr a P d t-x a t. 61 Agenda Statement Meeting Date: July 14, 2014 To: City Council Through: Jim Hunt, City Manager From: Mack Funk, Harbormaster Agenda Item: Purchase of New 330 Ton Boat Lift to replace 250 Ton lift at SMIC BACKGROUND & JUSTIFICATION• The Seward Marine Industrial Center Enterprise Fund needs to replace the aging 250 Ton lift equipment. The lift provides an essential service to vessel owners that need to perform repairs and maintenance. In the 250-Ton cost center, boatyard Storage Fees and Boat Lift Fees combined, generated more than $225,000 in 2012 and $197,000 in 2013, with 54% of the revenue coming from storage. The expenses for the 250 Ton Shiplift Department totaled $186,000 in 2012 and $195,292 in 2013. The recommended plan is to replace the current lift with a larger capacity (300 metric tons/ 330 short tons), new lift. The new lift will be designed with the same wheelbase in order to fit on the existing haul -out pier. It will enable the harbor to haul out larger vessels which cannot currently be lifted due to machine weight limitations. For the past two months the harbor crew has struggled to troubleshoot and repair a problem that results in boats being raised and/or lowered in a jerky, uneven manner. Fortunately nobody has been injured and no damage has occurred. Keeping existing equipment operational is getting to be costly and is resulting in disruptions to local businesses which depend on the lift to repair their vessels. For example, during the week of June 7 the crew invested 30 hours to disassemble and replace a hydraulic valve, with no resulting improvement in the operation. Already, in 2014, approximately $18,000 has been spent on parts (most of the parts that were recently purchased had to be manufactured, as the parts are no longer available) for the old machine. If the boat lift equipment has to be taken out of service, it is very likely that private business owners will be adversely delayed and potential income will be lost. The lift is currently operational. The recommended approach is to purchase a new machine and trade in the old machine. The net cost to the city will be $1,441,087. It is also proposed that the Port and Harbor Tariff Regulations be amended to increase lift fees by 25% for vessels up to 55 feet and by 15% for each additional foot longer than 55 feet: Rate Basis Current Rate Proposed New Rate Minimum Fee (boats up to 55 feet long) $346.50 $425.00 (up 25%) Additional Fee per foot for vessels 55 feet and longer $21 $24 (up 15%) The proposed new rates will still be significantly lower than other Alaska harbors (see attachment). The rate increase should generate an additional approximately $20,000 per year. The new lift will also generate another $20,000 per year from vessels that currently have to be e7 62 turned away due to size limitations of the existing Lift. An additional $10,000 per year is forecast from boats that come to Seward and want work in the Vigor shipyard. The Administration recommends a sole -source purchase of a Marine Travelift brand boat lift for the following reasons: We have received excellent service and response from this company over years of working with them on our two existing lifts; we will receive a trade-in on our existing Marine Travelift of $300,000; the quality of Lift equipment and parts from Marine Travelift has been excellent; maintaining a consistent make of equipment is cost-effective and standardization saves on repair time; and the alternative is to purchase from a foreign vendor, where there are added costs and challenges associated with ordering, shipping, and purchasing parts from overseas, since those parts are not available in -country and there are uncertainties associated with relying on parts and service from overseas. The delivery time for a new machine is approximately six months. INTENT: To authorize the purchase of a boat lift at a gross cost of $1,771,087, offset by a trade-in of $300,000 on the existing 250-Ton Lift, for a total cost including shipping, not to exceed $1,441,087. Funding will come from a combination of SMIC and General Funds, as well as a loan from the Motor Pool Fund. The loan could be repaid with grant funds if SMIC expansion efforts come in under budget. A separate resolution will come forward authorizing an inter -fund loan. CONSISTENCY CHECKLIST: eward Comprehensive Plan (page 18): Update and expand ucture for commercial and industrial properties that are currently undeveloped or underdeveloped. Seward Strategic Plan (page 7): Expand Development in the FwarfMarine Marine Industrial Center SMIC Development Plan: An adequate transportation ucture that will: (1) serve the needs of the industrial complex; (2) r growth; and (3) attract new business to the community. Yes No N/A X X X FISCAL NOTE: The marine Lift does not generate sufficient income to support debt service on a revenue bond. However, the Lift does bring vessels and their crews and business into the community that might otherwise move business to another harbor if the Lift was not available. Therefore, the administration proposes funding this purchase as follows: 1) appropriate $62,000 in 2013 surplus cash from the SMIC Fund; 2) appropriate $350,000 from the General Fund, representing approximately $250,000 in one-time 2013 property tax proceeds from the Shell oil rig Noble Explorer, and $100,000 in 2013 raw fish tax proceeds; and 3) borrow $1.038 Million from the Motor Pool Internal Service Fund to be repaid over a period of seven (7) years at an interest rate of 2%, in annual payments of approx. $160,000. New revenues explained above, are expected to generate approximately $50,000 per year. Repair and maintenance costs associated with the old lift are expected to decline by approximately $10,000 per year. Based on 2012 and 2013 actual revenues, boat lift fees and storage fees are expected to generate $15,000 per year more than budgeted. This leaves an annual deficit of $85,000. It is expected that remaining grant funds from the SMIC Expansion Project could be used to pay for this Lift if the SMIC basin project comes in within budget, or that new revenues associated with expansion at SMIC could materialize. Alternatively, shortfalls would need to be covered by the General Fund each year, as it covers the deficits in the SMIC Enterprise Fund. 13 63 Approved by Finance Department: j� ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2014-_ ,'authorizing the City Manager to approve the sole source purchase of a 330 Ton boat lift for a net cost after trade-in of $1,441,087 including shipping, and declare the 250 Ton boat lift as surplus public property to be traded in. 0 64 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE PORT AND HARBOR TARIFF BY INCREASING BY 5%, ALL MOORAGE, WHARFAGE, BOAT LIFT, AND OTHER HARBOR RATES AND FEES (EXCLUDING PASSENGER FEES), EFFECTIVE JANUARY 1, 2008 WHEREAS, the City desires to amend the Port and Harbor Tariff to increase rates and fees, excluding passenger fees, by 5% to keep pace with inflationary cost increases; and WHEREAS, the Harbor Enterprise Fund is able to pay operating costs and debt service payments, but is not yet able to place additional funds in a depreciation reserve fund to replace existing infrastructure for which debt payments are not currently being made; and WHEREAS, the intent of this resolution is to incrementally increase rates to prevent the rate shock associated with waiting for multiple years before increasing rates to adjust for inflation; and WHEREAS, the City of Seward desires to replace the existing floats in the older section of the Seward Small Boat Harbor, but is unable to compete for existing State matching funds for such renovations due to the requirement that the City have matching cash funds on hand; and WHEREAS, if the City is not able to adjust rates to keep pace with inflation, the Harbor Enterprise Fund will not be able to accumulate any funds to provide grant matches, or to address the replacement of infrastructure that has reached the end of its useful life. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council of the City of Seward resolves to amend the Port and Harbor Tariff by increasing harbor moorage, wharfage, boat lift, and all other fees by 5%, with the exception of passenger fees, which shall remain at $3.50, and boat launch fees. Section 2. This resolution shall take effect 10 days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 13th day of November, 2007. W CITY OF SEWARD, ALASKA RESOLUTION 2007-097 THE CITY OF SEWARD, ALASKA +rlu e Clark Corbridgee, Mayor AYES: Dunham, Valdatta, Bardarson, Amberg, Kellar, Corbridge NOES: None ABSENT: Smith ABSTAIN: None ATTEST: 'c *ohanna�o� , CMC Acting City Clerk (City Seal) cayaaoarrrr��� q • an � • �� Pyy 1 n *. 66 COUNCIL AGENDA STATEMENT Meeting Date: November 13, 2007 Through: Philip Oates, City Manager /A� From: Scott Ransom, Harbormaster Agenda Item: Authorizing an increase in the port and harbor tariff by increasing all moorage rates and other port fees (excluding passenger fees) by 5% effective January 1, 2008 BACKGROUND & JUSTIFICATION: In April 2005 the City Council approved Resolution 2005-27, accepting a harbor configuration for the Small Boat Harbor Expansion Project (the "Project"). The Project was designed to take place phases. In May 2005 Council approved step 1, to extend E, F and J floats (32 new concrete stalls), relocate X float (new gangway, new trestle, and fire system) and to relocate and connect the fuel float. Step 1 was funded using revenues from an increase in moorage rates which became effective on January 1, 2005. In Oct. 2005 139 pile (enough for all three phases) were purchased using EDA grant money. Step 2 of the Project consisted of construction of new M, N, O, P and Q timber floats (107 new stalls with power, water, and new sewer pump -out facility), uplands utilities, a road, trash facility, used oil facility, and attractive new restrooms at the top of the gangway. Step 2 was funded in part by an increase in the passenger fee from $1.50 to $3.50 effective January 1, 2006 and in part from a 10% increase in moorage rates which became effective January 1, 2006. Step 3 of this project was the commercial basin Z float Project. Initial plans called for 880 ft of dock with attaching docks for commercial vessels. This project is rapidly moving to final design .Although we will have to build this in phases, our current grant should allow us to construct 200ft of dock, which will provide new moorage space for the Cutter Mustang. As local governments began to take ownership of the State harbors it quickly became apparent that towns were not receiving enough money to replace their old floats. Seward received $3,134,200. and took ownership of our floats in1999. This money was used to replace some of the older floats. However, it was not enough and floats A, B, C, D, and S are in desperate need of replacement. Harbormasters and Port Directors lobbied for grant money from the State and this year a $5M 50/50 match was funded. The problem, however, was that we needed to have our share of the matching funds available to be considered. We could have submitted a very small project, but had we been successful we In CITY OF SEWARD RESOLUTION 2007- would be moved to the bottom for future consideration. The cost of replacing these floats will be close to $8M. We could do float replacement in stages and a 5% rate increase will help us establish funds for future matching grant application. FISCAL NOTE: The 5% increase in proposed revenues has been factored into the 2008 Preliminary Budget. Approved by Finance Department RECOMMENDATION: Council approves Resolution 2007- M authorizing an increase in the port and harbor tariffs of 5% for all moorage and other port fees excluding passenger fees. 68 M Resolution 2022-031 Documents: • Agenda Statement • Resolution 2021-031 • Attachments: o Appraisal FMV of Parcel #14502419 o Letter to Acquire 54857 Seward AP Pcl.5 o Brochure of Real Property for Federal and Federal Aid Programs City Council Agenda Statement Meeting Date: March 14, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-031: Authorizing the Sale of Parcel #14502419 containing 25.395 Acres to the State of Alaska Department of Transportation and Public Facilities for the Improvement Project No. Z548570000 in Improving the Seward Airport for the Fair Market Value (FMV) That Has Been Determined to be $2,000 Background and justification: The City of Seward owns the submerged property on Parcel #14502419 that consist of 25.395 acres adjacent to the Seward Airport. This property consists of only tidelands/submerged lands that have no improvements. It is located in the East 1/2 of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000. The State of Alaska Department of Transportation is requesting to acquire parcel 5 to rehabilitate the facilities and to protect against further damage from the recurrent flooding of RW 13-31. The improvement project No. Z548570000 includes reconstruction of the existing two runways, placing erosion control measures, widening the taxiway, and installing new lighting, markings, and fencing. Parcel #14502419 is appraised at the Fair Market Value of $2,000. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.4.3 Improve the usability of the state-owned a Strategic Plan: Improve the State Airport Other: 01000-0000-4610 Surplus Land Sale Revenue account. Certification of Funds Total amount of funds listed in this legislation: $ 2,000 This legislation (✓): X Creates revenue in the amount of: $ 2,000 Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable t, Finance Signature: 4" "? �t,>, rill Attorney Review✓ I I Administration Recommendation X Yes Not applicable xeAdopt Resolution Other: VA Sponsored by: Bower Public Hearing: March 14, 2022 Postponed: March 14, 2022 Public Hearing: March 29, 2022 Postponed: March 29, 2022 Public Hearing: April 25, 2022 Postponed: April 25, 2022 Public Hearing: June 13, 2022 CITY OF SEWARD, ALASKA RESOLUTION 2022-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE SALE OF PARCEL #14502419 CONTAINING 25.395 ACRES TO THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR THE IMPROVEMENT PROJECT NO. Z548570000 IN IMPROVING THE SEWARD AIRPORT FOR THE FAIR MARKET VALUE (FMV) THAT HAS BEEN DETERMINED TO BE $2,000 WHEREAS, the City has possession of parcel #14502419, also known as Parcel 5, located in the East '/z of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000; and WHEREAS, the property parcel #14502419, is irregularly shaped area that consist of 25.395 acres (1,106,206 sq ft) that consist only of tidelands/submerged lands that have no improvements; and WHEREAS, the Alaska Department of Transportation and Public Facilities want to acquire the parcel for improvement project No. Z548570000, which includes reconstruction of the existing two runways, placing erosion control measures, widening the taxiway, and installing new lighting, markings, and fencing; and WHEREAS, the Alaska Department of Transportation plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from flooding of RW13-31 to make it suitable as a runway for the FAA approved critical aircraft once they close RW 13-31 due to flood risk; and WHEREAS, the fair market value (FMV) for the Parcel #14502419 is determined to be $2,000, according an August 31,2021 appraisal by Black -Smith, Bethard & Carlson, LLC; and WHEREAS, the City Code §7.05.610 provides, should the city decide to dispose of interest in any tide or submerged land, the city shall grant to the owner of upland property adjacent to said tide and submerged land a first preference to acquire said interest over other r`a CITY OF SEWARD, ALASKA RESOLUTION 2022-031 applicants/bidders. The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference. The upland owner shall then have 90 days to exercise this preference under this section. If the preference is not exercised by the upland owner, then the city may dispose of the tide and submerged land to others. It shall not be required that the city offer its tide and submerged lands for disposal should the city determine that it is not in its best interests to dispose of such land. The city may itself make such use of its tide and submerged lands as it may consider in the public interest without offering the tide and submerged lands to others; and WHEREAS, the upland property and property to the North are owned by the State of Alaska, rendering the code requirements of notice to the upland property owner unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council determined by City Code §7.05.610, Article 5. Tidelands. That the relevant regulations implement, interpret, and apply the provisions of the Alaska Land Act concerning use and disposal of tide and submerged lands and related matters and extended to and include applicable provisions of Public Law 85-303(Ord 92-05). Section 2. The Seward City Council authorizes disposal of Parcel 914502419, located in the East '/z of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000 to the State of Alaska Department of Transportation and Public Facilities for $2,000. Section 3. The City of Seward finds it to be in the public interest to sell this parcel #5 in accordance with the City Code § 7.05, Article 5. The State of Alaska, Department of Transportation will utilize the property for the purpose of improvements and reconstruction of the existing two runways, place erosion control measures, widening of the taxi way and installing new lighting, markings and fencing. Section 4. The revenue for the sale of the Parcel #14502419 containing 25.395 Acres in the amount of $2,000 is hereby accepted to 01000-0000-4610 Surplus Land Sale Revenue account no. Section 4. This resolution shall take effect thirty (30) days upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of June, 2022. 73 THE STATE °'ALASKA GOVERNOR MICHAEL J. DUNLF—WY February 1, 2021 City of Seward Attn: Janette Bower, City Manager P.O. Box 167 Seward, AK 99664 Re: Seward Airport Improvements Z545870000 Pcl. 5 Mrs. Bower: Department of Transportation and Public Facilities DESIGN & ENGINEERING SERVICES CENTRAL REGION RIGHT OF WAY PO Box 196900 Anchorage, Alaska 99519-6900 Phone: 907.269.0700 Toll Free: 800.770.5263 TDD: 907.269.0473 TTY: 800.770.8973 Fax: 907.269.0489 As you know, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from the recurrent flooding of RW 13-31. The improvements include lengthening RW 16-34 to 3300' and shifting it east to make it suitable as a runway for the FAA approved critical aircraft once we close RW 13-31 due to flood risk. As requested by the City of Seward, the new runway is designed to be lengthened to 4000' (700' more towards the bay) once the aircraft fleet qualifies and the funding can be obtained. DOT&PF is acquiring parcel 5 to protect the aircraft approaches which extend from the bay toward the new (and eventually toward the extended) runway. It is DOT&PF's intent to purchase parcel 5 for the improvements listed above for the Seward Airport. The Fair Market Value (FMV) has been determined to be $2,000.00. This offer is based on the appraisal completed by an independent real estate appraiser and a copy was included in the original offer packet. According to the appraisal, the fair market value of the property is $75.00 per acre (AC). Your purchase offer is calculated as follows: Parcel 5: 25.395 AC @ $75.00 per AC = $2,000.00 Rounded If I can provide additional information, call me direct at 1-907-269-0694 or e-mail at Karrico.Nichols@alaska.gov. If you are calling from outside the local calling area, please dial toll free at 1-800-770-5263 ext. 0694. I look forward to working with you to make this project a success for you, the DOT&PF, and the public. Sincerely, Karricohols Right of Way Agent `Keep Alaska Moving through service and infrastructure. " 74 "BAYEND 1964" * I `N 1 l Iw Q REMAINDER lw_ LOT 3 y i USS 9000 fn 1 ' cp I AIRPORT �� ; BOUNDARY TRACTI PARCELS 1 N83045'36"E 246.68' UNSURVEYED REMAINDER USS 722 -:�l N50046'36"E i c' 277.24'� 1 / AE�9��Q r15J p\N�SS : MHW LINE RESURRECTION :::•:•:•:•:•::•:::::::::::::::::::...:.::: / QP� N83°44'36"E 389.40' / BAY cn" w� cn � z C5 ATS 174 - w ....:........::::::::::::::. rn PARCEL 5 UNSURVEYED rj REMAINDER w� PARCEL B N W TiSR1w USS 9000 s ... ............ / S M SEC. 2U 1 ................... ...... .. / •.•.•.•.•.•...•.•..•..•.•....•.•....•.•.•::.•...•.•..• . .. • / / ... /..../' S80°04'57V 930.1 / / / 01, . ® FOUND BRASS CAP / / / ' / / 0 150 300 600 AREA REMAINING � SCALE IN FEEL' NOTE: ALL DISTANCES SHOWN RIGHT-OF-WAY REQUIRED ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS PAGE —OF DATED AKSAS Project No. Z548570000 SHEET 2 OF 3 GROSS TAKE 25.395 AC± NET TAKE 25.395 ACt DRAWN BY CES,KHE REMAIN LARGE DATE Feb 2021 PARCEL NO. 5 75 THE STATE °fALASKA GOVERNOR MICKkEL I DUNILLAGY November 22, 2021 City of Seward Attn: Janette Bower, City Manager P.O. Box 167 Seward, AK 99664 Re: Seward Airport Improvements Z545870000 Pcl. 5 Mrs. Bower: Department of Transportation and Public Facilities DESIGN & ENGINEERING SERVICES CENTRAL REGION RIGHT OF WAY PO Sox 196900 AnC'nor,age, A103t.a 99519.6900 Phone: 907.269.0700 oli Free 600.770 5263 TDD: 907.269.0473 1 i Y: 9100.7 70,8973 Fnx' 907.269.0a89 Certified Mail No.: 7019 2970 0000 5231 6617 As you know, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) plans to improve the Seward Airport, such improvements include reconstruction of the existing two runways, place erosion control measure, widen the taxiway and install new lighting, markings and fencing. To build this project, the DOT&PF needs to purchase a portion of your property located in Seward, AK 99664. This letter presents the DOT&PF's offer to purchase your property and briefly explains the process. As the acquisition process for DOT&PF, differs from a typical open market transaction, I've enclosed a brochure entitled, "Acquiring Real Property for Federal and Federal -Aid Programs and Projects." This short pamphlet provides information about the DOT&PF's acquisition procedures and explains your rights as an owner of real property to be acquired for a federally funded project or program. The Offer Based on the approved Appraisal (copy enclosed) for Parcel No. 5 the Fair Market Value (FMV) has been determined to be $2,000.00. This offer is based on the enclosed appraisal completed by a independent real estate appraiser. According to the appraisal, the fair market value of the property is $75.00 per acre (AC). Your purchase offer is calculated as follows: "Keep A1,1Vhrr rllovilw thruuq=Ir scl-1.ice and infi- structure. " 76 Parcel 5: 25.395 AC @ $75.00 per AC = $2,000.00 Rounded This full price, one -offer policy is designed to protect property owners, provide fairness to the public, and implement uniformity to the acquisition process. All documents to execute the transaction are enclosed. A brief description of the documents and additional steps necessary to complete the transaction follow: Ouit Claim Deed. The Deed will operate to convey the property referred to as Parcel. No. 5 to the DOT&PF. Please sign the document and have your signature notarized. Notarization is required. Please sign and date the document where indicated. If you are signing for a business, trust, or partnership, the DOT&PF will also need a copy of the resolution that authorizes you to sign on its behalf to complete the process. Memorandum of Agreement. The MOA expresses the terms of the agreement in writing. Please sign and date the document where indicated. Notarization is not required. Purchase Voucher. A Purchase Voucher is needed to order payment. Please sign where indicated. IRS form W-9. The Internal Revenue Service requires that DOT&PF report sale proceeds for all real estate transactions. To help with that obligation, please complete the attached W-9 form. Payment cannot be processed without this information. Substitute Form W-9. The State of Alaska requires this form to issue payments. Please help us meet this requirement by completing the enclosed form and prevent a delay in payment. This for is in addition to the IRS W-9 form. If I can provide additional information, call me direct at 1-907-269-0694 or e-mail at Karrico.Nichols@alaska.gov. If you are calling from outside the local calling area, please dial toll free at 1-800-770-5263 ext. 0694. 1 look forward to working with you to make this project a success for you, the DOT&PF, and the public. Sincerely, /,I-:-.arrico Nichols Right of Way Agent Attachments as stated above 77 DEPARTMENT OF TRANSPORTATION PROJECT NAME: SEWARD AIRPORT A;, AND PUBLIC FACILITIES IMPROVEMENTS STATE PROJECT M Z548570000 _ b r O,�,,,�= QUITCLAIM DEED FEDERAL -AID PROJECT#: (CorporatelPartial Property) PARCEL M 5 UNIT #: The GRANTOR, CITY OF SEWARD, whose mailing address is P.O. Box 167, Seward, Alaska 99664- 0524, for and in consideration of Ten Dollars ($10.00), and other valuable consideration, in hand paid, conveys and quitclaims to the GRANTEE, STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, whose mailing address is P.O. Box 196900, Anchorage, Alaska 99519-6900, all rights, title, and interest, if any, which it has or may hereinafter acquire in the following -described real estate located in the State of Alaska: That part of:: ALASKA TIDELAND SURVEY 174, according to Plat—S-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; BUT ONLY TO THAT PORTION located in the East 1/2 of Section 2, Township 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township 1 South, Range 1 West, Seward Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000 i&'hich lies within the right-of-way lines of Alaska Project No. Z548570000, delineated as to said tract of land on the plat attached hereto and made a part of this instrument and designated as Parcel No. 5. Said parcel, containing 25.395 AC (acres), more or less, is hereby granted to the State of Alaska. Dated this day of , 202_. Return to: State of Alaska DOT&PF ROW Engineering P.O. Box 196900 Anchorage, AK 99519-6900 State Business -No Charge 25A-R640 (Rev 09/01/06) City of Seward: By; Its: 54857/ Seward Airport Improvements Page 1 of 78 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ss Third Judicial District ) On this day of , 202_ before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared for City of Seward, the Grantor, known to me to be the identical person who executed the foregoing instrument and who acknowledged to me that they signed the same freely and voluntarily, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. [NOTARY SEAL] Notary Public in and for the State of Alaska My Commission Expires: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Grantee herein, acting by and through its Commissioner, hereby accepts for public purposes the real property, or interest therein, described in this instrument and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of _ 202 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES By: 25A-R640 (Rev 09/01/06) For the Commissioner Page 2 of 2 79 RUNWAY \ "USS 149 \ \REMAINDER \ EAST 112 00 \ USS 722 00 \ GOVT J� LOT 4 O \ v \ LOT 3 USS 9000 :. "BAYEND 1964" I MATS 174 RM 19" _m -- 1 y RMDR. 1 USS 722 PARCEL C ::. . USS 9000 = = • •'• = •'•'• PAACEL 5 m o SEE LOT9 SHEET moo LISS9000ci=•••••••••• ATS 174 MHW IMP I I IIH I I T1 N, R1 W I T1 S, Ri W AIRPORT I BOUNDARY L — — EG1�ON VIESo1514 RIGHT-OF-WAY REQUIRED rss1w a 0 500 1000 2000 SEC 2d 3 ® FOUND BRASS CAP scnrS IN FM NOTE: ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL p SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Project No. Z548570000 PAGE—OFDATED SHEET 1 OF 3 GROSS TAKE 25.395 ACt d NET TAKE 25.395 ACt s DRAWN BY CES.KHE REMAIN LARGE u DATE Feb 2021 PARCEL NO. 5 80 THIS PLAT MAY BE USED FOR THE ESTABLISHMENT OF THE RIGHT—OF—WAY BOUNDARY ONLY, AND SHOULD NOT BE USED AS A BASIS FOR ESTABLISHING ADJOINING PROPERTY LINES AND CORNERS. THIS SEAL IS FOR ALL WORK CONTAINED ON SHEETS 1 & 2 FOR PARCEL 5 t law 0F s ra *: 49 T» ••* I ' CRAIG OWEN RANSON `� c• No, 11798 Aw PDC ENGINEERS 1028 AURORA DRIVE FAIRBANKS, ALASKA 99709-5529 PHONE (907) 452-1414 SHEET 3 OF 3 AKSAS Project No. Z548570000 PARCEL NO. 5 81 STATE OF ALASKA ,s DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES P.O. BOY 1467-JUNEAU, ALASKA 99802 PURCHASE VOUCHER NA1►IE OF PAYEE: CITY OF SENVARD ADDRESS OF PAYEE: c/o DOT&PF RIGHT OF NVA1 P.O. Box 196900 Anchorage, AK 99519-6900 DOCUMENT NO, 11ARRANT NO - DATE PAID PAYEE MUST SIGN THE CERTIFICATION BELOW AND RETURN THIS VOCCFIER TO THE DEPARTMENT OF TRA%SPORTAT1oN Date of Agreement Project Number Z548570000 Parcel Number Type of Document 5 WD Amount Seward Airport Improvements Project For the Benefit of City of Seward Payment for right of way Acquisition as shown on the Afemorandum of Agreement based on the $2,000.00 Approved Review Appraisers of Just Compensation, approved on 9/23/2021 RETURN WARRANT REQUESTED GRAND TOTAL (LESS DEDUCTIONS) $2,000.00 PAYEE'S CERTIFICATION: I certik that the above bill Is correct and just and that payment therefor has not been received: CITY OF SENVARD: Bv: Its: APPROVED BY: RIGHT-OFAI ►1(NE1;OT1 %11)R I ACCOUNTS TO BE CHARGED ACCOUNT CODE DEBIT CREDIT AAIOMT Z54857000-TC2000-120P $2,000.00 $2,000.00 [ certify that the above services were Performed or GRAND TOTAL (NET) S2,000,00 expenses incurred as stated; that they were necessary and proper, that the amounts claimed are just and reasonable; that no pan thereof has been paid, PREPARED BY: APPROVED FOR PAYMENT IL.1tN CHECKED BY: REGIONALCHIEF RIGHT-OF-WAY AGENT 25A-R682 (Rev 03/10/03) Page 1 of 1 82 Farm W-9 Request for Taxpayer Give Form to the (Rev December201t) Identification Number and Certification requester. Do not Elepanmml ar tlr rreastsr send to the IRS. Interrtai Revenae Servka Name (as shown an your income tax return) ous•wss narnarcrsrayarce,: sr,u,y nsrnr, n ujnaneni ,rum a Wa Check appropriate box for federal tax claamfication: ❑ Individual/sate proprietor ❑ C Cor',,oratia-• ❑ S Ccrporation ❑ Parl�arship ❑ Trustfutate ❑ Limtled iiaUlty comp4ny Enter the tax classincaticn (C=C corporation, S=S corporetion, P=parfiersNp) ► Other 4" InstrueJona' ► !as (number, street and apt. or state no.) City, state, anti ZIP coca numbers► here (optional) Requester's name anti Enter your TIN in the appropriate box. The TiN provided must match the name given on the 'Name' fine I social security earnber to avoid backup withholdrg. For individuals, tMs is your social security number (SSM. However, for a resident alien, sore proprietor, or disregarded entity, see the Part I instructions on page 3. For other _ LL entities. R is your employer identification number (EIN)_ It you do not have a number, we Now to get a TIN on page 3. Note. If the account is n more than one name, see the chart on page 4 for guidelines on whose Employer men an number to enter. T (T--r Under penalties of perjury, I certify that- 1. The number shown on this form is my correct taxpayer Identification number (or f am weitmg for a number to be Issued to me), and Exempt payee 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I am subject to backup withholding as a result of a Fai'ure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S, person (defined below). Certification instructions. You must cross out Rem 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement pRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 4. big I Signature of Here u.s- persons onu► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only i you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting It {the requester] and, when applicable, to: 1. certify that the TiN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Note. It a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form 9 it is substantially similar to this Fomn W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, ■ A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7), Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax an any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt Pier in a partnership conducting a trade or business in the United payee, If applicable, you are also cerdf*g that as a U.S. person, your States, provide Farts W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income Is not subject to the withholding tax an foreign partners' share of effectively connected income. Cat. No. 10231x Form W-9 (Rev 12-2011' 83 Form W-9 (Rev. 12-2011) Page 2 The person who gives Form W-9 to the partnership for purposes of establishing Its U,S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business In the United States is In the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U,S, grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident align who becomes a resident alien. Generally, orgy a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a'saving clause.' Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident efien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that species the following five Hems: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident allen. 2. The treaty article addressing the income. 3. The article number (or bcadon) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualfles for the exemption from tax. S. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes It his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30.1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualities for this exception (under paragraph 2 of the first protocoij and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that includes the Information described above to support that exemption - If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8, What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, Mottles. nonemployee pay, and certain payments from fishing boat operators. Heal estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding W. 1. You do not furnish your TiN to the requester, 2. You do not certify your TiN when required (see the Part II Instructions an page 3 for detals), 3. The IRS legs the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends an your tax return (for reportable Interest and dividends orgy), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (far reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding See the Instructions below and the separate Instructions for the Requester of Form W-9, Also see Special rules forpartnershrps on page 1. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no tonger an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information 9 you are a C corporation that elects to be an S corporation, or it you no longer are tax exempt. In addition, you must furnish a new Form W-9 it the name or TIN changes for the account, for example, if the grantor of a grantor trust dies, Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure is due to reasonable cause and not to wilful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. IMllfully falsifying certifications or affirmations may subject you to criminal penalties including fines andfor imprisonment Misuse of TINs. If the requester discloses or uses TiNS in Malian of federal law, the requester may be subject to civil and criminal penalties Specific Instructions Name If you are an individual, you must generally enter the name shown an your Income tax return. However, If you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown an your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Eisler your individual name as shown on your income tax return on the "Name" One. You may enter your business, trade, or 'doing business as (DBA)' name on the 'Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the 'Name' One and any business, trade, or "doing business as (SBA) name on the "Business name/disregarded entity name" line. Disregarded entity. Enter the owner's name on the "Name" One. The name of the entity entered an the 'Name" fine should never be a disregarded entity. The name on the 'Name" One must be the name shown on the income tax return out which the Income will be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name Is required to be provided on the "Name" line. If the direct owner of the entity Is also a disregarded entity. enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disragarded entity name` One. If the owner of the disregarded entity Is a foreign person, you must complete an appropriate Form W-8. Note. Check the appropriate box for the federal tax ctassi(icatfon of the person whose name is entered on the 'Name" fine jlndividuWsole proprietor, Partnership, C Corporation, S Corporation, Trustlestate). UmHed Uablity Company (!LC). If the person identified an the 'Name' One Is an LLC, check the "Umited lability company box only and enter the appropriate code for the tax classification In the space provided. If you we an LLC that is treated as a partnership for federal tax purposes, enter "P" for partnership. H you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation. enter 'C" for C corporation or 'S' far S corporatiom if you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" line) is another LLC that is not disregarded for federal tax purposes. If the LLC Is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the owner Identified on the •Name" One 84 Form W9 (Flay. 12-2011) Page 3 other entitles. Enter your business name as shown on required federal tax documents on the "Name" fine. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DeA name on the "Business name/ disregarded entity name' line. Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the `Exempt payee" box in the line following the "Business name/ disregarded entity name,' sign and date the form. Generally, Individuals (including sale proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of secticrt 401(f)(2), 2, The United States or any of its agencies or Instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or S. An International organization or any of its agencies or Instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures comm€ssfon merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11, An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section S84(a), 13. A financial institution, 14. A middleman known in the Investment community as a nominee or custodian, or 15, A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees i through 5 and 7 through 13. Also, C corporations. Barter exchange transactions and Exempt payees 1 through 5 patronage dividends Payments over $60o required to be Generally, exempt payees reported and direct sales over 1 through 7' $5,000' 'See Form IM-MISC. lrfscella teaus Income, and b instn:ulom. r Hoy a-+er, the WG%ing prrments made to a corporation and r4utabiu an Form 1099-MLSC are not exempt from backup wiedwldinq: medical and health care payments, attameys' lees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TiN is your IRS individual taxpayer identification number RN). Enter It In the social security number box. If you do not have an MN, we Now to get a 771V below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (L1.C) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EiN, Note. See the chart on page 4 for further clarification of name and TiN combinations. How to get a TiN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this forth online at www.magov, You may also get this form by calling 1-800-772-1213. Use Forth W-7, Application for IRS individual Taxpayer Identification Number, to apply for an {TIN, or Form SS-4, Application for Employer identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS webs€ a at www.ks.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Fom1s W-7 and SS-4 from the iRS by visiting IRS.gov or by calling 14800-TAX-FORM (1400-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write 'Applied Foe in the space for the TIN, sign and data the form, and give It to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and ghro it to the requester before you We subject to backup withholding on payments. The 60-day rule does not apply to other types of payments, You will be subject to backup withholding on all such payments until you provide your TiN to the requester. Nola. Entering "Applied For' means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A asregarded domestic entity that has a foreign owner must use the appropifats Farm W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even It Rem 1, below, and Items 4 and 5 on page 4 Indicate otherwise. For a joint account, only the person whose TIN is shown in Part f should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt Payee on page 3. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and hems 4 and 5 on page 4. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TiN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after ISM and broker accounts considered inactive during IW& You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must crass out item 2 in the certification before signing the forth. 3. Real estate transactions. You must sign the certification. You may cross out kem 2 of the certification. 85 Form W-9 (Rev. 12.2011) Page 4 4. Other payments. You must give your correct TiN. but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemplayee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TiN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account Give name and SSN of- 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or. aunt) H combined finds. the first Individual on the arsount ' 3. Custodian account of a minor The minor' eJnUorrt Gift to Minors Act) 4. a. The usual revocabie savings The grantor -trustee' trust (grantor Is also trustee) Is. So-called trust accmuM that is The actual owner' not a legal or valid trivet under state taw 5. Sok proprietorship or d4regarded The owner' entity owned by an indlvidual 6. Grantor bust filing under Optkwnal The grantor Form 1029 Filing Method 1 {sea Regulation section 1s71-4ibN216]VU) For this type of account: Give name and EIN of: T. Disregarded entity not owned by an k,dividual The owner a. A valid trust estate. or pension trust Legal arility' Q. Corporation or LLC elee'Jng The corporation corporatebus on Form 8922 or Form 10. Asseclation, club, religious, The organization clarftable, educational, or other tax-exempt orgariziWon 11. Paruasship or multi-mernber LLG The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agrtcilture In the name of a pubic entity (such as a state or local govenanera, school dstrlct, or prison) that receives agricutturai Program lea 14. Grantor trust I116ng under the Farm The tnat 1041 Filling Mathad or the Optional Form 1(Ig9 Fling Method 2 rose Regolatlon section ' Lie arse and drele st■ name of as person wrma mrnbw you ertr m a Wy ors person w a Idnt account toss an SSN, Mal person's rmmber must be Krrtished ' Cirda the inli a's ramm and Imtfstt ttr ~s SSN. ' You mat slaw yorr kxfVdnl nerve and you may &Im enter year baFmsa or -E)W nacre an Ne •&aleass wnardsmWed $nary' norm Ww. You may uu elthef your SSN or EIN if you have cm), but fro M encaraeas you fo un your SSN. a Liu ink and dude Ifs nano of car Mat. Was, Or pendant fiat 00 rot finish to TIN of as penanal npruetttaew or etrtae taeess the lapel Wary aamll is net designated In the aemrsx tab.I Afro see SpWW nos AvpartrarsM=on pop S -Nab. Grantor also must prof a Fin WA co tm o of rust Note. if no name is circled when more than one name Is fisted, the number will be considered to be that of the first name listed. Secure Your Tax Regards from Identity Theft Identity theft occurs when someone uses yourpersonal information such as your name, social security number (SSN), or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to gat a job or may file a tax return using your SSN to receive a refund. To reduce your risk, • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-906-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tog -free case intake Ere at 1-877-777-4778 or TTYMD 1-800.829-4059. Protectyoursetf from auspicious email$ orphishing schemes. Phishing Is the creation and use of email and websitas designed to mimic legitimate business emaffs and websihm The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private informtion that will be used for identity theft The IRS does not initiate contacts with taxpayers via emel'Is. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingoirsgov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emaiI5 to the Federal Trade Commission at spamOuce.gov or contact them at www.ftc.gov/ldf ft or 1-877-IDTHEFT (1-877-438-4338), Visit IRS.gov to learn more about Identity theft and haw to reduce your risk Privacy Act Notice Section 6109 of the Internal Fiaverm Cade requires you to provide your correct TIN to persons (including federal agencies) who are required to file information retrm via the IRS to trtterest. <gik+ •• orcc�h crime Ic Ar^C i= -= t'.. }ru -ry a Intamst ycu paid• the acquLsittun or abandonment of sacred property; the tartca6etlart of debt: or contributions you made to an TK Archer MSA, or HSA. The person collecting this form uses the information on fie farm to fle information rearms with the : F1S, reporting the above infarmatidn. Rowena uses of this Information include giving It to the Department of Justice for civil and criminal litigation and to clies, states, the Dhstiot of Columbia, and U.S. possessions for use h administering their laws. The nfarmation also may be dsclosad to other cordiies under a treaty to federal and state agencies to anfarce ad and criminal laws, or to federal law enforcement and Intelgenee agendas to combat terrorism. You must provide your TIN whether of not you am required to Me a tax return. Under see lat 3406, payers must generally wttivnokt a percentage of taxable interest. dividend, and certain cew payments to a payee who does not give a TiN to the payer. Certain penalties may atric apply for providing false or fraudulent information. 86 State of Alaska RETUM CO21rPLETED FORM To. x. Department of Administration Department of Administration Division of Finance Substitute Form `V Tye —9 P.O. Box 110204 Juneau, AK 99811-0204 Questions? Email DO I DOE T�t:dor.He:pDe:k,!a4uk--, aw:: Or FAX to: (907) 465-2169 DO NOT Send to IRS Taxpayer Identification Number (TI`� Verification The Interim Rettaue Sc.Mct rryui;es the Sate ofAlssk.t to issue 1099 forms when payments to ;ndi iduals partnerships or limited liability companies for rents. services, pries, and awanit meet or eat:-ei S600 QO for the Year An IRS Form 1099 is not ;equlrad when px. mcn's .rre ipecifscalty for merchandiic or made to some ty cs of mrporatiutu. Print or T; a Please see attachment or reverse for complete instructions Legal Name (as shown on your income tax return) State of Alaska Vendor Number (if known) Business Name, if different from above (use if doing business as (DBA) or enter business name of Sole Proprietorship) Primary Address (for 1099 form) PO Box or Number and Street, Ciry. Srare, Zip + 4 Remit Address (where payment should be mailed, if different from Primary Address, PO Box or Number and Street, City. Statc, Zip + 4 Entity Designation (check only one type) Individ!Sole Proprietor Parrn ..hiual p General Corporation on Mao] Corporation Legal Corporation. Limire:l Liability Company — Ind ividual Limited Liability Company — Partnership Limited Liability Company — Cnrporsdon Government Entiry Estate 1 Trust 0rganiurion Exempt from Tic - Nonprofit Exemption (See Instructions) Exempt payee code (if any) Exemption from FATCA Reporting u Code (if any) Taxpayer Identification Number (T M2 Provide Only One (If sole proprietorship provide EIN, if applicable) Social Security Number (SSN) Employer Identification Number (EIN) If Change of Ownership or Entity Designation Date of Change: Previous Owner / Business Name Previous Taxpayer Identification Number MIN) Certification ?he Internal Revenue Service doer not require your content to any proration of thu document other than the certifications required to avoid backup withholdin; Under penalties of perjury, I certify that I. The number shown on this form is my correct taxpayer idcnrification number, AND 2. lam nor subject io backup withholding because (a) I am exempt from backup withholding, or (b) I have nor been notified by the Internal Revcnue Service (IRS) that I am subject to backup withholding as a result of a failure to report all inreresr or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, AND 3. I am a U.S. person (including a US. resident alien). AND 4, The FATCA code(s) entered on this fnrm (if any) indicating I am exempt from FATCA repotting is correct. Printed Name Signature Printed Title Date Telephone Number Email Address P--Ascd 0912912015 87 Instructions for Completing Taxpayer Identification Number (TIN) Verification (SubstituteNV--9) -- Page 1 I.eZ31 Name Af regirtered wide the Internal Revenue Service (IRS) • Individuals: Enter First Name MI Last Name • Sole Praprictorships: Enter First Name ,4II Last Name • LLC Single Owner. Enter owners First Name MI Last Name • All Others: Enter Legal Flame of Business Business Narns • Individuals: Leave blank • Sole Proprietorships: Enter Business Name • LLC Single Owner. Enter LLC Business Name • All Others: Complete only if doing business as a DBA Address where 1099 tax form should be mailed. Remit Address Address where payment should be mailed. Complete only if differcnt Front primary address. State of Alaska Vendor Number Your vendor number b an eight character alphanumeric code assigned to your company in the State of Alaska's accounting sys- tem. You may contact us at the email address listed on the form if you do nor know your vendor number. EntitX Designation Check ONE box which describes the type of business entity. Thxpa=r Identification Number LIST ONLYONE.- Social Security Number OR Employer Iden- tification Number. See "liflat Name and Number to Give the Reguater"at rigbr. If you do not have a TIN, apply for one immediately. Individuals use federal form SS-05 which can be obtained from the Social Se- curity Administration. Businesses and all other entities use federal form 55-04 which can be obcained from the Internal Revenue Service. Chanu of Ownership or Entity Designation This information is reqursmd to allow taxable income to be reported correctly for bush the new and old entities. You must cross out item 2 iFyou have been norified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition Of abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments ocher than interest and dividends, you are not required to sign the certification, but you must provide your correcr TIN. :Ti;E>;1.MT1' Section 6109 of the Internal Revenue Code requires you to furnish your correct TIN to persons who must file information returns with the IRS to report inrerest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. The IRS uses the numbers for identification purposes and to help veriFv the accuracy oFyour nY return. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable in- terest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer. Certain penalties may also apply. VA „ , ,nY M.. 4 I YI For this type oFaccount Give name and SSN oF. Individual The individual Two or more individuals (joint The acrual owner of the account account) or, if combined funds, the first individual on the account' Custodian account of a minor The minor' (Uniform Gift to Minors Act) The usual revocable savings trust The grantor -trustee' (grantor is also trustee) So-called trust account thu is The actual owner' not a IcgA or valid trust under state law Sole proprietorship or Single- The owner Owner LLC For this type of account: Give nasne and EIN of Sale Proprietorship or Single- The owner s Owner LLC A valid trust, orate, or pension Legal entity ` trust Corporation or LLC electing The corporation mrpnrate status on Fnrm 8832 Association, club, religious, The organization charirable, educational, or other tax-exempt organization Partnership or multi -member The partnership LLC A broker or registered nominee The broker or nominee Account with the Department The public enriry oFAgriculturc in the name of a public entity (such as a state or local government, school district or prison) that receives agricultural program payments ' List first and circle the name of the person whose number you fur- nish. If only one person on a joint account has an SSN, that persons number must be furnished. r Circle the minors name and furnish the minors SSN. s You must show your Individual name, but you may also enter your business or "DBA" name. You may use either your SSN or £IN (if you have one). ' List first and circle the name of the legal trust, estate, or pension trust, (Do not furnish die TIN of the personal representative or trust - cc unless the legal entity itself is not designated in the account tide.) More: If no name is circled when more than one name is listed, the number will be considered to be chat of the first name listed. Revised 0912912015 88 Instructions for Completing Taxpayer Identification Number (TIT Verification (Substitute'%- 9) -- Paje 2 £sempcix�n.t If you are exempt from backup withholding andior Foreign Account Tax Compliance Act (FATCA) reporting, enter in the Exemptions box any codc(s) that may apply to you. See Exempt payee rode and Exemption From FATCA reporting code below. Exempt panne code Generally; individuals (including sole proprietors; arc not exempt Frain backup withholding. Corporarians are exempt From backup withholding for certain payments, such as interest and dividends. Corpm-acions are nor exempt from backup with- holding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes identify payees that are exempt From backup wirhholding7 I. An organization exempt from tax under section 501 fa% any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2. The United States or any of its agencies or instrumentalities 3• A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instru- mentalities 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities 5. A corporation 6 A dealer in securities or commodities required to register in the United States, the District of Columbia, or a posses- sion of the United Starts 7. A futures commission merchant registered with the Commodity Futures Trading Commission S. A real estate investment trust 9. An entity registered at all times during the tax year under the Investment Company Act of 1940 10. A common crust fund operated by a bank under section 584(a) 11. A financial institution 12. A middleman known in the investment community as a nominee or custodian 13. A trust exempt from tax under section 664 or described in section 4947 The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form For accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you arc only submitting this Form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A. An organization exempt from rax under section 501(a) or any individual retirement plan as defined in section 7-i 01(a)(37) B. The United States or any of its agencies or instrumentalities C. A state, the District of Columbia, a pusscssion of the United States, or any of their political subdivisions or instru- mentalities D. A corpa ration the stack of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i) L A corporation that is a member of the same expanded afftli=d group as a corporation described in Reg. section 1.1472-1(c)(I)(i) E A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, Forwards, and options) that is registered as such under the laws oFthe United States or any state G. A real estate investment trust H. A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1. A common trust fund as defined in section 584(a) J. A bank as defined in section 581 K A broker L A trust exempt from tax under section 664 or described in section 4947(2)(1) M. A rax exempt trust under a section 403(b) plan or section 457(g) plan Revised 09/29/2015 89 Seward Airport Appraisal Services Project Number: 25202055t Z548570000/ At 3-02-0259-XXX-20XX Parcel Number. 5 Partial Acquisition Tide Land Located Seward at Resurrection Bay Alaska Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/AIP 3-02-0259-XXX-20XX Parcel Number: 5 TCE Number: NIA FILE #20-036 (5) FOR DATE State of Alaska Department of Transportation and Public Facilities Report Date Statewide Design & Engineering Division August 31, 2021 Central Region - Right of Way Section 4111 Aviation Drive Effective Date of Value Anchorage, Alaska 99502 June 16, 2021 Attn.: Mrs. Karrico Nichols, ROW Agent BY Brian Bethard, MAI General Real Estate Appraiser (Cert. #281) BLACK -SMITH, BETHARD & CARLSON, LLC 1199 E. Dimond Blvd., Ste. 200, Anchorage, Alaska 99515 90 Seward Airport Appraisal Services Project Number: 2520205512548570000/ AIP 3-02-0259-XXX-20XX Parcel Number. 5 PART I - INTRODUCTION 91 Seward Airport Appraisal Services Project Number, 252020651 Z5485700001 All 3-02-0259-XXX-20XX Parcel Number 5 Appraisers 1199 E. Dimond Blvd. Sic.200 AnchorsZe, Alaska 99515 Phone:907-27"65i Fax89 BLACK -SMITH, BETHARD & CARLSON, LLC-mu,,; ne E-mall: hsr(q nkaet August 31, 2021 Client: State of Alaska Department of Transportation and Public Facilities Statewide Design & Engineering Division Central Region - Right of Way Section 4111 Aviation Drive Anchorage, Alaska 99502 Attention: Mrs. Karrico Nichols, ROW Agent Re: Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/AIP 3-02-0259-XXX-20XX Parcel Number: 5 Property Owner: City of Seward Property Location: Seward in Resurrection Bay Alaska Legal Description: Lengthy Legal- See Title Report Tax ID # None Mrs. Nichols: The attached appraisal report summarizes our appraisal of the proposed acquisition as of June 16, 2021 at: $2,000 The value opinion is stated in terms of cash and is qualified by certain definitions, assumptions, limiting conditions and certifications. The appraisal and report are intended to comply with the requirements of the Uniform Standards ofProfessional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), and the procedures and guidelines of the Alaska Right -of -Way Manual.I Sincerely, BLAmSM1TA, BE HARD & CARLSON, LLC 3 August 31, 2021 Brian Bethard, MAI Date General Real Estate Appraiser (Cent. #281) t State of Alaska Department of Transportation and Public Facilities 3 92 Seward p,o� act wumbor�xs202os5;zuvoaroomxmr3-0z*u6e*nXxaOxx Pmnca|Num*er-. n TABLE OF CONTENTS PART I - INTRODUCTION ......... ............ _....... ~................................................... ___�~~___� LETTER OFTRANSMITTAL ---__________............................................................... 3 NARRATIVE APPRAISAL SUK8MARY---,�....... .............................................. 5 -------....... LIMITING CONDITIONS .............. --.......... ........................ ~~~~~~~____� PART ||- PREMISES OFTHE APPRAISAL --'........................ ............. ........ ___ ....... ...... --A IDENTIFICATION OFTHE PROPERTY ........................................... ---........ ____ �,~~^�_10 SUBJECT PHOTOS ........................................ ----.............. �--_-_--11 5 U M MAR Y[)FTHEAPpRAUSALPRO BLEM ..................-'-_-_13 SCOPEOFW ORK--------__,~...... ..................................... ......... .1g PART U|-PRESENTATION OFDATA. ......................................... MARRETAREA.................... ...... -__.-_-.~~~~....~--_.................. ___ ...... ............ 21 NEIGHBORHOOD ANALY�S,...~~~............ ................. '_'----_..... .................. ~~_s3 SITEDESCRIPTION ................................................................................ ........ ___ ..................... -25 TEN YEAR SALE HISTORY- ...... ...... ____ ...... .......................................... -___.------ 30 DESCRIPTION OFTHE�xCQu|�inlomAND REMAINDER OFTHE 31 PARTv/-ANALYSUSOFDAJA AND CONCLUSIONS ........................................................ ....... ..-32 MARKET ANALYS|B-..-.................. ------___.............. ............................................... 33 LANDVALUATION ................................. -'--_......... ^_......... ___ ....... ............................... 35 FINAL REC0NC|L|ATtON-VALUE OFTHE WHOLE PROPERTY .._-......... 41 SUMMARY - MARKET VALUE OFTHE ACOU|SiTl0M...... ........ ........ .......... .-..-.-.-.._-43 ADDENDA.......... ................. ........ .................. .......... -_--........ -.44 OPPORT0NFT[TOACCOMPANY THE APPRAISER --_------_---........................ 45 TITLEREPORT.~~ .............................................. ...... ...... ...... .............................................. 5b CoMpxRARLEDATA VVRITE'0PS........ ................... ----~......... ...... ___ ................ -...... 64 UK8[ONGCONDITIONS AND ASSUMPTIONS .............................................. 76 4 93 PROJECT INFORMATION PROJECT NAME: STATE PROJECT M FEDERAL -AID PROJECT M PARCEL M OWNER INFORMATION City of Seward. PARCEL LOCATION: LEGAL DESCRIPTION: ZONING: CURRENT USE: HIGHEST AND BEST USE: As Vacant As Improved RIGHTS APPRAISED: INSPECTION DATE: DATE OF VALUE: Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 At P 3-02-0259-XXX-20XX Parcel Number. 5 NARRATIVE APPRAISAL .- Seward Airport Appraisal Services 25202065/Z548570000 AIP 3-02-0259-XXX-20XX 5 Resurrection Bay Alaska Lengthy Legal- See Title Report Unzoned Tidelands/ Submerged lands Recreation/ Speculation NIA Fee Simple June 16, 2021 June 16, 2021 PARCEL ACQUISITION DESCRIPTION SUMMARY PARCEL AREA: Large' EASEMENT 0.000 AC (0 SF) ACQUIRED: AREA OF Gross: 25.395 AC (1,106,206 SF) PERMIT ACQUIRED: 0 SF (0.000 AC) ACQUISITION; Net: 25.39 AC (1,106,206 SF) REMAINDER: Large" AREA OF LARGER PARCEL SUBJECT TO PLO OR SECTION LINE EASEMENT: 0.00 AC (0 SF) 'The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 5 94 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02.0259-XXX-20XX Parcel Number: 5 PARTIAL ACQUISITION SUMMARY 1. MARKET VALUE BEFORE ACQUISITION: See Note 1 art ��I�ilIt16711.149M'[41W;A 3. REMAINDER VALUE AS PART OF THE WHOLE: LANs] NA' IMPROVEMENTS $0 LAND NA' IMPROVEMENTS so = NA' 4. ESTIMATED MARKET VALUE OF REMAINDER: LAND $10.000 IMPROVEMENTS WA NA' 5. DAMAGES (if any) $0 6. LESS SPECIAL BENEFITS (if any) s0 s0 7. ACQUISITION VALUE as PART of the WHOLE + $2,000 8. NET DAMAGES + $0 9. COST -to -CURE + $0 10. PERMITS: + $0 11. EASEMENTS: Avigation Easement + so 12. PLO OR SECTION LINE EASEMENTS: + s0 13. OTHER: Temporary Construction Easements (TCEs) + $p 14. MARKET VALUE OF ACQUISITION: See Note 1 = s2,000 1. The indicated value of the whole reflects the fee value- unallocated for rights previously reserved of conveyed, if any (e.g. subsurface rights, utility easements, leaseholds, etc.). Date: August 31, 2021 Prepared By: Brian Bethard, MAI `The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as 'Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 0 95 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 CERTIFICATION Name of Appraiser. Brian Bethard, MAI I CERTIFY THAT: I personally inspected the property appraised in this report on June 16, 2021. Ryan McGillivray provided professional assistance. I limited his services to photography, basic research and general data gathering. I have afforded the property owner the opportunity to accompany me at the time of my inspection of the property. To the best of my knowledge and belief, the statements contained in this appraisal report are true and correct, and the information upon which my opinions are based is accurate, subject only to the assumptions and limiting conditions set out in the report. My appraisal report is intended to be used by the State of Alaska Department of Transportation and Public Facilities in connection with an acquisition for the above -referenced project to be constructed with the assistance of federal funds. This appraisal report has been made in conformity with applicable federal standards, State of Alaska statutes, regulations, policies, and procedures and with accepted industry practices applicable to valuation of lands for such purposes. To the best of my knowledge, all values that I have assigned to the property are compensable under the established law of the State of Alaska. Values assigned do not reflect a decrease or increase due to the proposed project. Neither my employment nor my compensation for making this appraisal report are in any way contingent upon the reporting of a predetermined value that favors the cause of the client, the attainment of a stipulated result, or the occurrence of a subsequent event. I have no direct, indirect, present, or prospective interest in the subject property; and I have no personal interest or bias with respect to the parties involved, nor will I benefit in any way from the acquisition of this property. I have not revealed the findings and results of this report to anyone other than the proper officials of the Alaska Department of Transportation and Public Facilities, the Federal Highway Administration, or the Federal Aviation Administration, and I will not do so until so authorized by proper officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. I have performed no services as an appraiser or in any other capacity regarding the property that is the subject of this report with the three-year period immediately preceding acceptance of this assignment. Based upon my independent, unbiased research and analysis, my professional opinion of market value is $2,000 as of June 16, 2021. August 3i, 2021 Brian Bethard, MAI Dale General Real Estate Appraiser (Cert. #281) 7 96 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 LIMITING CONDITIONS E.rtraordinaiyassumptions, 2hypothetical conditions,3 and limiting conditions speck to this appraisal are summarized as follows: NIA 2 "An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinions or conclusions." Uniform Standards of Professional Practice 3 "A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." Uniform Standards of Professional Practice 97 98 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 LOCATION The property is located south of the Seward Airport in Seward, Alaska. There is no street address. The parcel is tidelands/ submerged lands located in Resurrection Bay. LEGAL DESCRIPTION Lengthy Legal- See Title Report TAX ID # None OWNERSHIP City of Seward. PO Box 167 Seward, Alaska 99664 907-224-3331 DETERMINATION OF THE LARGER PARCEL The property owner owns various tidelands/ submerged lands located adjacent the subject; however, while these parcels are contiguous and under the same ownership, they do not have an integrated use. The larger parcel is identified as `large' by the client. The determination of the larger parcel is not relevant to the appraisal problem. For the purpose of this analysis a 160 acre unit of comparison is recognized in the value of the part acquired. PART TO BE ACQUIRED The project requires a Partial Acquisition for an irregularly shaped area that totals 25.395 AC (1,106,206 SF). The subject consists of tidelands/ submerged lands and have no improvements. No Temporary Construction Easements (TCE) or Temporary Construction Permits (TCP) are required. 10 99 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 SUBJECT • • Looking southeasterly at the subject from the Looking southeasterly at the subject from the Looking east at the adjacent uplands to the south View looking southeasterly at the subject from the View looking east at the adjacent uplands to the View looking south near the approximate northwest south of the subject. comer of the subject. 11 100 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 View looking southeast near the approximate View looking south near the approximate northwest View looking east near the approximate northwest View looking east near the approximate northwest View looking south near the approximate northwest View looking east near the approximate northwest comer of the subject and area of acquisition. comer of the subject and area of acquisition. 12 101 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number: 5 SUMMARY OF APPRAISAL PROBLEM Client: State of Alaska Department of Transportation and Public Facilities Statewide Design & Engineering Division Central Region - Right of Way Section 4111 Aviation Drive, Anchorage, Alaska Attn.: Mrs. Karrico Nichols, ROW Agent Larger Parcel Lengthy Legal- See Title Report* Nature of the Acquisition The project requires a Partial Acquisition Effective Date of Value June 16, 2021 the date of inspection) Part to be Acquired in Fee Gross Area Encumbered by existing ROW 1.106,206 SF (25.395 AC) 0 SF 0.00 AC Net area of the acquisition 1,106,206 SF 25.39 AC Shape Irregular Soils & To o ra h Tidelands/ Submerged lands Structural improvements acquired None Site improvements acquired None With few exceptions° there is no competitive market for submerged lands or tide lands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal of substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. Absent an open competitive market for tidelands in Alaska, various owner agencies, lessees, and appraisers have long recognized that market value/market rent is best measured in terms of the adjacent upland. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific market areas. In summary, because the utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands, tideland values are expressed as a fraction (%) of the upland values. Owner Comments The property owner's representative (Jackie Wilde) did not join us on our inspection. Ms. Wilde did not have any specific comments on the project or proposed acquisition. `The larger parcel is identified as 'large' by the client. The determination of the larger parcel is not relevant to the appraisal problem. For the purpose of this analysis a 160 acre unit of comparison is recognized in the value of the part acquired. 4 Exceptions could include established port/harbor districts with a limited supply and shoreline strategic to set netters. 13 102 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 -x RUNWAY \ \\ USS 149 \ \REMAINDER EAST 1/2 \\ USS 722 1 \ GOUT LOT 4 \ Op v I I ` li11111111 LOT USS 9000 I IIIQI .. I 'ATS `X, J 174 RM 19' I T1N, RIW T1S, R1W I O `+ "8.4YEND 1964" � 1 USSD722 1, I I I AIRPORT PARCEL C �--� , BOUNDARY USS 9000 ATS 174 , PARCELS 't m SEE MHW LOT 9eu SHEET 2 LINE USS 9000 i tV RIGHT-OF-WAY REQUIRED 0 5c" 1000 2.CC E FOUND BRASS CAP SCALE IN FEET NOTE: ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES BIGHT—QF—WAY REQUIRED FOR 0:'NNER'S INITIAL SEWARD AIRPORT A71`ACHE7 TO IMPROVEMENTS PAGE— :F— SATED AKSAS Pr:icc, No. Z545570010 SHEET IOF 3 GROSS TAKE - f NET TAKE - t CRAti''N BY E I HE REMAIN L- E DATE Feb 2021 PARCEL NO 5 103 1000, v a MHW LINE �Gv RESURRECTION QP�G N83°44'36"E 389.40' BAY U) w� cn' Z o'. ATS 174 w/ N PARCEL 5 j1' UNSURVEYED 9 w REMAINDER PARCEL B W, t USS 90D0 i / / 930-18! / FOUND BRASS CAP / S86°U4'57-N / / 0 150 300 / AREA REMAINING SCAM B: "TT NOTE: ALL DISTANCES S LIJ RIGHT-OF-WAY REQUIRED ES ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT-OF-WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Proicc: No. Z5t8570000 PACE—CF DATED SHEET 2OF 3 GROSS TAKE - NET TAKE DRAWN BY E I HE REMAIN L- E DATE Feb 2021 PARCEL NO 5 15 104 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 THIS FLAT idA E E F THE E T., LI H tE T F THE RIB HT— F—w,, L A H L 9E k E A A A I F ESTA LI HI , ADJOINING E TY LI E A _ E.S. THIS SE=L I` 170;2 ALL ~"WORK CONT41NED ON SHEETS 1 & 2 FOR PARCEL S i 0 A�`4stl Co. 9 �� *: TH ,r .................... MG a ri Narlsau Vs'- ND.11798 ate'/ W POC ENGINEERS 1C28 URORA DRIVE F=IRE.4NKS, AL=,SK.A 99709-5529 PHONE (907) 452-1414 L SHEET 3 OF 3 AKSAS Project No. Z54e570000 PARCEL NO 5 105 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 Before & After Comparison Before Condition — Larger Parcel* After Condition - Remainder Area of the larger parcel NIA (large) NIA (large) Encumbered by existing ROW Net area NIA (large) NIA (large) Existing use or probable use Vacant tidelands/ submerged lands Same Easements Section lines bisect the subject. The Same reservations are for 33' & 50' in width on each side of the section lines. Access Boat access: Vehicular access for the Same adjacent uplands ranges from poor to good. Utility availability Electricity is available in the area Same Topography and soils Tidelands/ submerged lands. The Same adjacent uplands are primarily level and cleared with portions of classified wetlands and locations in a floodway boundary. Suitability (deficiencies if any) Suitable for recreational uses. Same Effect of the acquisition For the purpose of the analysis; the effect of the acquisition is simply a reduction in area. The value of the remainder as an independent parcel is at least as much as its value as a part of the whole. Measure of value I The market value of the acquisition is measured as the value of the part acquired as a part of the whole. *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as 'Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 17 106 Seward Airport Appraisal Services Project Number: 25202065/ Z546570000/ AIP 3-02-0259-XXX-20XX Parcel Number 5 PURPOSE OF THE APPRAISAL 1) Thep uipose ofthe appraisal is to estimate the market value of the property owner's rights acquired as defined by the Uniform Standards of the Professional Appraisal Practice as follows: 'The most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: i) Buyer and seller are typically motivated; ii) Both parties are well informed or well advised, and both acting in what they consider their own best interests; iii) A reasonable time is allowed for exposure in the open market; iv) Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and v) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." 2) The purpose ofthe appraisal is to estimate the market value of the property owner's rights acquired as defined by the Alaska Supreme Court, as follows: The price in (terms of) money that the property could be sold for on the open market under fair conditions between an owner willing to sell and a purchaser willing to buy, with a reasonable time allowed to find a purchaser. State v. 7.026 acres, Sup. Ct. Op. No. 601 (File No. 1106), 466 P.2d 364 (1970). The opinion further reads, in part: The highest and most profitable use for which the property is adaptable is to be considered, to the extent that the prospect of demand for such use affects the market value while the property is privately held." Fair market value is normally based on a parcel's fee simple value. INTENDED USE OF THE APPRAISAL The function of the report (intended use) is to provide a market value estimate for compensating the property owner for the acquisition of property rights acquired according to the Alaska Constitution, Article 1, Section 18, Eminent Domain, which reads, in part, "Private property shall not be taken or damaged for public use without just compensation." INTENDED USER(S) The intended users include the client, the property owner, and appropriate regulatory agencies. 18 107 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3.02-0259-XXX-20xx Parcel Number. 5 SCOPEOF •' Data sources and the steps in the appraisal development process are summarized: PROPERTY DATA The client identified the property and provided a title report, a right-of-way (ROW) map set and parcel plat of the proposed partial acquisition. Brian Bethard, MAT viewed the property on June 16, 2021. The property owner's representative, Jackie Wilde was contacted, but did not join him on the inspection (See Addenda- Owner Contact). AREA DATA In order to identify significant trends and indicators, I spoke with local property owners, real estate agents, and appraisers. I also reviewed various publications, reports, and surveys including the Alaska Dispatch News and Alaska Economic Trends. MARKET ANALYSIS Demand is inferred from general market conditions and the available data. MARKET DATA Alaska is a nondisclosure state. The FLEX Multiple Listing Service (MLS) is the primary source of data. Secondary sources include real estate brokers/agents and other appraisers. APPRAISAL DEVELOPMENT The property is vacant Iand (tidelands/ submerged land); the cost and Income approaches are not applicable. I developed my opinion of value by the sales comparison approach. With few exceptions5 there is no competitive market for submerged lands or tide lands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal of substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. Absent an open competitive market for tidelands in Alaska, various owner agencies, lessees, and appraisers have long recognized that market value/market rent is best measured in terms of the adjacent upland. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific market areas. The subject larger parcel is classified as 'large'. The exact acreage has not been determined, but it encompasses the tidelands at the head of Resurrection Bay. For the purpose of this analysis we recognize a 160 acre unit of comparison. In summary, because the utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands, tideland values are expressed as a fraction (°{o) of the upland values. APPRAISAL REPORTING The report is intended to comply with the reporting requirements for an appraisal report as set forth under Standards Rule 2-2 of the USPAP. It presents summary discussions of the data, reasoning, and analyses that were used to develop the appraiser's opinion of value. The data presented and the depth of discussions are specific to the client's intended use. 5 Exceptions could include established portiharbor districts with a limited supply and shoreline strategic to set-netters. 19 108 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02.0259-XXX-20XX Parcel Number. 5 PART III - PRESENTATION OF DATA 20 109 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 MARKET AREA ALASKA Economic Outlook Alaska shed 27,200 jobs last year, dropping employment to 2003 levels. Before the pandemic, Alaska had weathered a long statewide recession followed by a single year of weak growth. Absent another shock, we'll recover some of the lost jobs this year with a forecasted gain of about 8,600, but it will take several years to regain 2019's job levels.6 Government and oil will continue to cut jobs in the short term, but all other industries will hold steady or begin to rebound. The industries likely to grow the most in 2021 will be those that suffered the steepest losses in 2020. Leisure and hospitality lost more than any other sector in 2020 (-9,600 jobs) because the tourist season never materialized. It will add about 3,500 jobs this year. Another casualty whose recovery depends on visitors returning is the transportation, warehousing and utilities sector, which lost 3,600 jobs and might recoup just under half of them this year. Clouds remain on the horizon as a crippling year ends. Long-term state budget and revenue problems remain unresolved, oil prices are forecasted in the mid-$40s, Alaska's population has been dropping since 2017, and we've lost more movers than we've gained for the last seven years in a row. This year's success also hinges on several factors yet to be determined. The pandemic isn't over, and the timing and success of widespread vaccination will be a major determinant of 2021's course. Schools haven't reopened yet, the tourist season is up in the air, especially for cruise ships, and questions linger about people's appetites for traveling and shopping.' Population More than 60% of Alaska's population resides in the south-central region that includes the Matanuska-Susitna Borough (MSB), Kenai Peninsula Borough (KPB) and the Municipality of Anchorage (MOA). Historic population data is summarized in the following table: *1990 *2000 `2010 ""2019 %A over 29 years Anchorage 226,338 260,283 291,826 291,845 29% Mat -Su Borough 39,683 59,332 88,995 106,438 168% 0 Palmer 2,866 4,533 5,937 9,284 224% • Wasilla 4,028 5,469 7,831 8,736 117% Kenai Peninsula Borough 40,802 49,691 55,400 58,936 44% • Kenai 6,327 6,942 7,100 7,056 12% • Soldotna 3,482 3,759 4,163 4,233 22% • Homer 1 3,6601 3,946 1 5,003 5,478 50% • Seward 1 2,6991 2,830 1 2,6931 2,545 -6% * U. S. Census " Alaska Department of Labor Estimates 6 Karinne Wiebo►d, Alaska Economic Trends, January 2021 7 Karinne Wiebold, Alaska Economic Trends January 2021 21 110 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 A!P 3-02-0259-XXX-20XX Parcel Number, 5 As of July 1, 2020, Alaska is estimated to have 728,903 residents, the lowest figure since July 2011. Alaska's population has declined for four consecutive years, the longest string of declines since modern recordkeeping began in 1945. According to the state data, 8,873 more people moved out of the state than moved into it between July 1, 2019 and July 1, 2020. It's the eighth year in a row that emigration outpaced immigration. Birth rates fell and death rates plateaued during the same period, leading to a decline in "natural increase," which is at its lowest level since 1968.8 KENAI PENINSULA BOROUGH The Kenai Peninsula extends from Southcentral Alaska toward the Gulf of Alaska along Cook Inlet. The area can be accessed by the Sterling Highway, a paved two-lane highway that connects with the Seward Highway which extends north to Anchorage. The Kenai Peninsula Borough (KPB) encompasses all of the Kenai Peninsula and includes lands located across Cook Inlet. Borough functions include tax assessment and collection, education, planning and zoning, solid waste disposal, hospitals, fire department, and recreation. The population is estimated at *58,471.9 The KPB encompasses all of the Kenai Peninsula and includes Iands located across Cook Inlet. The cities of Kenai and Soldotna are the business centers for the region. Kenai, on the east shore of Cook Inlet, is the principal commercial fishing and processing center. Soldotna, located approximately seven miles inland along the Kenai River, is the seat of the Borough government, location of the Central Peninsula Hospital, and Kenai Community College. The Kenai River is 82 miles long and runs from Kenai Lake through the Kenai National Wildlife Refuge and Skilak Lake to its outlet in Cook Inlet. The river is the primary outdoor attraction of Southcentral Alaska and is a significant resource in terms of seasonal industries: commercial fishing and a growing commercial recreation industry. The regional economy is increasingly diversified and continued slow growth is projected. Offshore and some onshore oil and gas production contributes to the economic base. COVID-19 UPDATE December 2020 Deteriorating economic conditions attributed to both the recent crash in oil prices and the COVID• 19 pandemic can be expected to influence local real estate market conditions. However, at this time, there is no evidence of seller/Iessor concessions. 8 Alaska's population drops for the 41' year in a row, extending record losses. Anchorage Daily News- January 7, 2021 9 Alaska Department of Labor and Workforce Development population estimates reported in the Alaska Dispatch News — January 10, 2019 22 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 NEIGHBORHOOD ANALYSIS GENERAL The general neighborhood is referenced by the Seward Airport. The NEIGHBORHOOD port/harbor district is Iocated to the southwest. The Seward CBD is located f2.5 miles to the south. Access Access is good via a network of fully improved arterials. Utilities Water, sewer, electricity and telephone. Services Police, fire protection and road maintenance are provided by the City of Seward. Refuse service is also available. Land Development The area is roughly 50% developed with a variety of industrial uses. Externalities Positive: General compatibility and synergy. Negative: The area on the north side of Seward adjacent to the Resurrection River is located in a Aoodway. Because different districts are suitable for different uses, these conditions tend to be offsetting. In any case, the net effect is accounted for by the data analyzed. 23 112 Seward Airport Appraisal Services Project Number- 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number, 5 IMMEDIATE NEIGHBORHOOD HPI * SAP I R �t rein ��Ir + i I , SUBJECT k ^k Ii The subject is located on the north side of Resurrection Bay. Adjacent Properties: North: Seward Airport South: Resurrection Bay East: Nash Road West: Seward Harbor/ Alaska Railroad Suitability: The neighborhood is referenced by the north side of Resurrection Bay. Uplands are suitable for users or investors. 24 113 Seward Airport Appraisal Services Project Number: 25202065/ Z546570000/ AIP 3-02-0259-XXX-2oXX Parcel Number. 5 l • Location: The property consists of tidelands/ submerged lands at the north end of Resurrection Bay. Legal: Lengthy Legal- See Title Report Access: There is no road access to the uplands on the north of the subject. The City of Seward infrastructure is located west of the Alaska Railroad on the west side of Resurrection Bay and Nash Road is located on the east side of the Bay. Land Area: Gross: *Large Existing ROW: (0.00 AC) Net: *Large *See Highest and Best Use: Determination of the Larger Parcel Shape: The shape is irregular Utilities: Available utilities in Seward include electricity, telephone, sewer and water. Electricity and telephone are located adjacent at the Seward Airport. Public sewer and water are not immediately available. Topography: The topography of the uplands is level and partially treed. Areas consist of tidal influenced wetland ponds and gravel bars that have been cleared/eroded by a channels of the Resurrection River. A topography map is on the following page. The subject parcel is 100% tidelands/ submerged lands. 25 114 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 All M2-0259-XXX-20XX Parcel Number: 5 { r � r G Irp rt ,• �1- ff • • SUOUECT N `}7 R �!=;��t��t �..:; •'•••fit �Z{.. � `' i;;...I'�: �+ •.•�••ai •~�:ii•. i•f �.iMa •••N .•tea a..�ai ate.• .•.h ,••••:•?':et Soils: A soils report was not provided. According to the US Survey notes for an adjacent U.S. Survey 722, upland soils consist of loam sand and gravel. Environmental: We were not provided with a Phase 1 Environmental Site Assessment report for the subject. We are not aware of any environmental issues affecting the property. It is an extraordinary assumption of this report that the subject is environmentally clean. 115 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0250-XXX-20XX Parcel Number: 5 Flood Zone: The uplands are located within a Special Flood Hazard Area subject to inundation by the 1% annual chance of flood. 10 :" Lf ZONE" a i- f 020113 (� 4 ZONEAEt ;— 3 o+ �, 7tttY17t�Yw4 �il F; ZONE AE' jt• zoi�EVE }�} t 4w.. ZONeAE e C'trt Arstwi ' S r[IN FAF ZONE YE i ZONE AO 0 11%, t4- aryl te;(I1.15 10 FEMA Flood Map Service Center https://msc.fema.ciov/portal 27 116 Seward Airport Appraisal Services Project Number 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 The Kenai Watershed Forum (KWF) Wetland Assessment shows areas of Tidal and Riverine wetlands on the subject while the National Wetland Inventory Map shows areas of Estuarine and Marine Wetlands. Kenai Peninsula Borough, Wetland Assessment - Tidal and Riverine Wetlands The wetland determinations are similar. Absent a United Stated Corp of Engineers (USCOE) Jurisdictional Determination, what is permissible, possible and feasible is unknown. The uplands do not appear to have usable area, outside of the wetlands delineations. 117 Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/ AIP 3-02.0259-XXX-20XX Parcel Number. 5 Easements: The provided title report indicated section lines bisect the subject. The reservations are for 33' and 50' in width on each side of the line. Given the location of the subject property in tidelands/ submerged lands, the section line easements are irrelevant. Zoning The site is unzoned. Surrounding uplands are either zoned Resource Management - (RM)i or Industrial (I). The City of Seward Code defines Resource Management as "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration." Unzoned is defined as "Light, heavy or industrial park land uses, and utility transportation land uses." Reservations/ Reservations in the State of Alaska Patent for the subject are noted in the Encumbrances: title report. According to the title report, `Said patent, among other things, reserved all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities.' It is noted that title to the mineral estate, as it pertains to the reservation, has not been further searches and no insurance is provided under the policy. Rights to the public and governmental bodies to Iand lying below the high and low water mark of any water source are also allowed. Conclusion/ The parcel is located in the city of Seward in Resurrection Bay. The Suitability surrounding uplands have marginal access and wetlands limit utility. Given these conditions, the most probable use is for recreation/speculation. IMPROVEMENTS None SPECIALTY ITEMS, FIXTURES, AND TENANT -OWNED IMPROVEMENTS None PROPERTY TAXES None 29 118 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 TEN YEAR SALE O. Sales of the subject must be reported and analyzed as comparable data. The appraiser must include sales that occur subsequent to the title search. Include "arms -length" sales of the subject in the comparable data section. Property History: There have been no sales of the subject in the last ten years. SALES of the SUBJECT. (if no transaction within last 90 years, check ® NONE) DATE OF SALE: TERMS: DATE RECORDED: GRANTOR. - GRANTEE: INTERVIEWED; COMMENTS: Date: June 16, 2021 SALE PRICE: INSTRUMENT: DOCUMENT YEAR: DOCUMENT NO: DATE CONFIRMED: Verified By: Brian Bethard, MAI 30 119 Seward Airport Appraisal Services Project Number. 25202065/ ZW5700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 DESCRIPTION OF THE ACQUISITION AND REMAINDER OF THE PROPERTY See Summary of the Appraisal Problem. 31 120 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 PART IV - ANALYSIS OF DATA AND CONCLUSIONS 32 121 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 All 3-02-0259-XXX-20XX Parcel Number. 5 MARKET ANALYSIS Exposure Time may be defined as "the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market." 11 The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. Marketing time is also a function of the amount and quality of the available inventory, asking prices and investor requirements. General Market Conditions Because the Multiple Listing Service (MLS) 10-year Comparison Report does not distinguish between vacant land types, it is only indicative of general trends. Over the last five years, activity (# number of transactions) and market exposure times (days on market [DOMD has remained relatively the same. 10-year Comparison Report Property Type Land Area 365 - Seward - Cooper Landing Construction Type Existing and New Construction Year # Sold Avg. List Price % Ust Price Avg. Sold Price % Sold Price Avg. DOM Change Change 2011 9 $53,090 NA $47,633 NA 312 2012 11 $80,213 51.35% $76,018 59 59% 311 2013 13 $108,492 35.25% 596,819 27 36% 267 2014 19 $39,576 -63 52% $35,284 155 2015 17 $86,549 118,69% S78,505 122 49% 232 2016 25 $57.989 -33 00 $50,552 �1. l 1 217 2017 14 $76,100 31 23% S69,257 37 00% 296 2018 26 $68,084 15.75% $75,674 9.27% 310 2019 24 $85,355 -310% $76,185 0.68% 232 2020 14 $59,125 -30 73% $54,425 -28 56mo 253 Note: The data is only useful to establish an active and competitive market. Properties vary significantly in size and location. Averages can be misleading and are not suitable for direct comparison. 11 Source: Appraisal Standards Board Statement 6 and Advisory Opinion G-7. 33 122 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 A1P 3-02-0259-XXX-20XX Parcel Number. 5 DETERMINATION OF THE LARGER PARCEL Project materials provided indicate the parcel size as Large. Except for a couple of agricultural submarkets, the largest Alaska properties traded with any regularity do not exceed 160 acres. For the purpose of the appraisal, our analysis recognizes a 160-acre unit of comparison. HIGHEST AND BEST USE "AS VACANT" Highest and Best Use is defined in the 1411, Edition of the Appraisal ofReal Estate, Appraisal Institute, as "the reasonably probable use that results in the highest value." Permissible Use Legal restrictions can include public restrictions (zoning), private restrictions (conditions, covenants, & restrictions [CCR's]), plat notes, and easements. Puhlic Restrictions The property is located in the city of Seward, however, it is not subject to any zoning. Adjacent uplands are zoned resource management and industrial. Resource management is a liberal classification that permits probable uses of peripheral lands. Private Restrictions & Plat Notes No private restrictions were reported. Easements Section line easements are noted in the title report. Given the location of the subject property in tidelands/ submerged lands, the section line easements are irrelevant. In summary, the parcel could be developed with any physically possible, financially feasible use. The section line reduces the usable area. Possible Uses The parcel is located in Resurrection Bay and adjacent the Seward Airport. Electricity is available and while boat access is available, the depth of the tidelands in the area would limit boat size/type. Given these conditions the most probable use (excepting the proposed project) is for recreation or speculation. Feasible Use Given the local economic conditions and the physical characteristics of the property, the parcel does not appear to be suitable for any financially feasible use. Maximally Productive Use Absent possible financially feasible uses, the highest and best use is for recreation or speculation. 34 123 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20Xx Parcel Number. 5 L LAND VALUATION Sales comparison is the most common technique for valuing land and it is the preferred method when comparable sales are available. Elements of comparison include: 12 • Property rights . Physical characteristics • Financing terms z Zoning • Conditions of sale (motivation) ➢ Utility availability • Expenditures immediately after purchase ➢ Access • Market conditions (sale date) D Location Z Soils and topography Size D Shape SUMMARY OF COMPARABLE SALES Comparable sales selected for comparison are identified in the following table in ascending order by size. The analysis recognizes a price -per -acre unit of comparison. No. Address/Location Status Date $ AC $1AC Sub]. Resurrection Bay; Adjacent Airport & Resurrection River N/A N/A N/A 160.00" NIA 3857 NSN Riverside Drive; Adjacent Resurrection River Expired 7-03 $10.000 22.99 $435 3145 1711 Darrell Street; Head of Resurrection Bay 8 Resurrection River Sold 1-08 $115,000 62.00 $1.855 3858 2011 Sharon Avenue; Adjacent Airport and Resurrection River Expired" 7-09 $100,000 71.88 $1,391 3859 110 Aialik Street; Base of Mt. Marathon Sold 5-13 $80 0000 49.85 $1,605 3252 NSN Bayshore Drive; Off of Nash Road Sold 7-16 $185,000 39.78 $4.651 'The subject is'large'. A 160 acre unit of comparison is utilized for the analysis. — The parcel was donated in 2015 to the Kenai Peninsula Borough (KPB) for $1 and closing costs 12 The Appraisal of Real Estate.14th Edition, Appraisal Institute 35 124 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3.02-0259-XXX-20XX Parcel Number 5 METHODOLOGY The subject is 100% tidelands/ submerged lands and is classifies as 'large'. It encompasses the tidelands surrounding the head of Resurrection Bay. No comparable sales are available. The unit of comparison is recognized as 160 acres. The value of the subject tidelands/ submerged lands is established based on a fraction of adjoining upland value. The adjoining uplands are characterized as low, wetlands with poor access and limited development potential. DESCRIPTION OF THE COMPARABLES The comparables are identified in the previous table and on the map. The property characteristics are summarized in the following comparison grid. Details are presented in the Addenda. RELATIVE COMPARISON ANALYSIS The following relative comparison analysis recognizes a per -acre unit of comparison. The indicated unit values are already adjusted to a cash equivalent value (if required) and for expenditures immediately after purchase (e.g. demolition or the cost -to -cure known defects/deficiencies). All of the comparables reflect arm's length sales/acquisitions. Atypical motivations, if any, are recognized in the reconciliation. We correlated various inequalities with quantitative and qualitative adjustments. QUANTITATIVE ADJUSTMENTS Market Conditions In general, the data does not support reliable quantitative adjustments for market conditions (time). Evidence of change (if any) is weighed in the final reconciliations. Size The data confirms the general trend: unit price decreases as parcel size increases. An analysis presented in the addenda develops quantitative adjustments that we distributed according to the following schedule. Rough interpolations are used to correlate sizes other than those listed in the table. If the unit of comparison Is: and the comparable's area is adjust the comparable 160 acres 20 acres - 65% 160 acres 40 acres - 50% 160 acres 80 acres - 25% 80 acres 40 acres - 20% 40 acres 80 acres + 25% 80 acres 160 acres + 33% 40 acres 160 acres + 100% 20 acres 160 acres + 186% Access Adjustments for access are supported in the addenda. Briefly, comparables with dedicated access are correlated with a downward adjustment of 25%. Electricity Comparable data (see addenda) indicates a range of downward adjustments from 10% to 50% to reflect the lack of distribution electricity. Giving weight to the bulk of the data from MLS searches (20% to 25%), while recognizing the potential for other influencing 125 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 factors to impact value, we conclude at the low -end of the range, or -20% for the lack of distribution electricity. The corresponding upward adjustment is f25°/o. QUALITATIVE ADJUSTMENTS Because buyer preferences and evaluation criteria are not universal, reliable percentage or dollar adjustments for various other physical characteristics (e.g., location, restrictions, soils/topography, other [amenity] etc.), cannot be isolated from the data available. We correlated other inequalities with qualitative adjustments (superior, inferior, approximately equal). COMPARATIVE ANALYSIS I correlated the comparables in the following relative comparison anaijsis grid. An overall net adjustment (<, >, f) is applied to develop value indicators on the bottom line. 37 126 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 RELATIVE COMPARISON GRID Com arable # SUBJECT 3857 3145 3858 1 3859 3252 Address Resurrection NSN Riverside 1711 Darrell 2011 Sharon 110 Aiatik Street NSN Bayshore 1 Bay Drive Street Avenue 1 Drive I Status We I Exoired Sold Expired* Sold Sold CEV $1AC We $4351AC $1.8551AC $1,3911AC I $1,6051AC $4.6511AC Quantitative Ad ustmants Market Conditions 6-21 7-03 1-08 7/09 5113 7/16 No ad;. No ad). No ad . No ad°. No adj. Adjusted $lAC $4351AC $1,855/AC I $1,3911AC $1,6051AC ! $4,6511AC _ _I Size 160.00 AC 22.99 AC 62.00 AC 71.88 AC 49.85 AC 39.78 AC -65% -35% -30% -50% -50% Access Oceant poor River River/Trail River Dedicated Road Dedicated Road 0% 0% 0°% -25% -25% Utilities Electricity None None None Electricity Electricity adjacent +25% 1 +25°% +25% adjacent ad acent Net Access Ad]. I 40% -10% .5% -75% -75% Ad usted $lAC $2611AC $1,6701AC $1,3211AC $4011AC $1.1631AC Qualitative General Location Resurrection Adjacent Head of Adjacent Airport Base of ML Nash Road Bay Resurrection Resurrection & Resurrection Marathon River Bay & adjacent River Resurrection River Neighborhood Airport and Vacant, Vacant, Mixed -Use: Residential Mixed -Use rural Mixed -Use unimproved unimproved Industrial to the j neighborhood tideland/river tideland/river oceanlriver north, airport fronting acreage fronting acreage fronting acreage westisouth and river to the east Slightly Slightly Approx. = Slightly Slightly I inferior inferior superior su erior Solis and Topography I Uplands are Generally level Ranges from _ Bulk of acreage Steep and Fairly level and generally level and heavily low-lying marsh is the heavily treed, wooded. Upland and partially treed, Located area to level Resurrection adequate soil, soils appear treed; Located within floodplain vegetated River. Portions there appear to adequate; % within floodplain with areas of areas. There heavily treed on be building wetlands with areas of wetlands and are several the east and sites. (includes flood - wetlands, tidal Influence sloughs and south, there zone; (here sloughs and Sloughs bisect; waterways appear to be appear to be ponds; there there appears to meandering building sites, building sites. appears to be a be a building through the building site. site. parcel, there appears to be several suitable bldg. sites Approx. = APProx. = Approx. = Superior Superior Zoning Resource Resource Mgmt. J Resource Mgmt. Resource Mgmt. Resource Mgmt. Un-zoned Mgmtl Industrial Approx. = Approx. = Approx. = Approx. = Slightly I superior Shape Irregular Rectangular Rectangular Primarily Primarily Slightly Irregular Rectangular Rectangular Slightly Slightly Slightly slightly Approx. _ superior superior su erior superior Other None 7 lots not all None Expired listing- Scheffler Creek None adjoining. Bulk later donated to adjacent of acreage is on the KPB for $1 1 lot. and closing Expired listing costs Approx. = Approx. = lrferinr .Approx. = I AaErox. _ Indicated Unit Value I $lAC > $2611AC < $1,6701AC $1,3211AC < $4011AC 1 < $1,1631Ati " The parcel was donated in 2015 to the Kenai Peninsula Borough (KPB) for $1 and closing costs 38 127 Seward Airport Appraisal Services ProJect Number: 25202065/ Z5485700001 Alp 3-02-0259-XXX-20XX Parcel Number. 5 Reconciliation The data generates a range of adjusted unit values of adjacent uplands from $261/AC to $1,670/AC. The relative market position of the subject is isolated in the following table. Comp. # $/AC Reconciliation 3145 ♦ $1,670 Superior for shape 3858 ♦ $1,321 Expired un-sold listing. The parcel was donated to the KPD for $1 and closing costs in 2015. 3252 ♦ $1,163 Most recent sale, superior for location, topography/soils and zoning. 3859 ♦ $401 Clearly superior. Subject 3857 ♦ $261 Expired un-sold listing, but dated sale. Summary The subject is bracketed towards the lower -end of the overall range. The unit value established at the bottom of the range is an unsold, expired listing with inferior qualities. While the upper -end of the narrowed range is superior for nearly all characteristics, but the topography is problematic for development (no improvements have been constructed). Absent any more definitive data, a unit value near the middle of the narrowed range is appropriate. Giving approximately equal weight to both ends of the narrowed range, the market value of the adjacent uplands is fairly represented at $300/AC. TIDELANDS/SUBMERGED LANDS RATIO ANALYSIS The Alaska Department of Natural Resources distinguishes between submerged land13 and tidelands. i r With few exceptions15, there is no competitive market for submerged lands or tidelands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or Iessee, the principal substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. The utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands. On that basis, the market generally recognizes that the value of tidelands/ submerged lands is a fraction of the upland value. For example; the City of Kenai recognizes their tideland values at 25% of the upland values. The City of Valdez recognizes ratios from 20% to 30%. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific ports/harbors. Regional dataiG from which to measure the relationship is inadequate. I relied on ratios 13 AS 38.05.965(22) defines "submerged land" as land that is "covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may hereafter by property claimed by the state". (Note: "further" used incorrectly in statute language). 14 AS 38.05.965(23) defines "tidelands" as land that is "periodically covered by tidal water between the elevation of mean high water and mean low water." 15 Exceptions could include established port/harbor districts with a limited supply and shoreline segments strategic to set-netters. 16 Includes southwest Alaska, the Alaska Peninsula, Aleutian Islands and the Pribablof Islands. 39 128 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is in the Addenda. Briefly, the factors range from 9% to 31% but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them. Nevertheless, the data is helpful in establishing a range and developing measures of central tendency; a median of 25% and a mean (average) of 23%. Acknowledging the nature of ratio development and distinguishing between tidelands and submerged lands, I applied 25% in the following calculations: Allocation of Adj. Upland value to the wtrfnt AC $300/acre Submerged land value as a % of the Adj. X 25% Uplands Indicated unit value for submerged lands $75/acre 90 129 Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/ AIP 3-02-0259-XXX-20XX Parcel Number 5 SUMMARY - VALUE OF THE WHOLE PROPERTY The whole property value is calculated as follows: Land value NIA* Indicated contribution of the improvements in the area of the acquisition $0 Indicated whole property value (rnd.) NIA` *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. VALUE OF THE ACQUISITION AS A PART OF THE LARGER PARCEL The gross and net area of the acquisition is 25.39 AC. At $751AC, the indicated value of the part taken — as a part of the whole — is calculated as follows: Part to be acquired in fee (net) Price per acre 25.39 AC $751AC Indicated value of the land to be acquired in fee* $2,000 rounded upward to the nearest $100 Indicated contribution of the improvements in the area of acquisition Indicated value of the acquisition as a part of the whole DESCRIPTION OF THE REMAINDER $0 $2,000 After Condition The remainder physical characteristics are generally the same as in the before condition. Highest and Best Use The effect of the acquisition is simply a reduction in area. The highest and best use in the after condition is the same as in the before condition. 41 130 Seward Airport Appraisal Services Project Number. 2520206512548570000/ AIP 3-02-0259-XXX-20XX Parcel Number. 5 VALUE OF THE REMAINDER AS PART OF THE WHOLE Indicated value of the whole NIA* Less: Value of the acquisition as part of the whole 2 000 Indicated value of the remainder as part of the whole NIA* VALUE OF THE REMAINDER AS AN INDEPENDENT PARCEL The value of the remainder as an independent parcel is not less than its value as a part of the whole. For the purpose of the analysis; the effect of the acquisition is simply a reduction in area. The value of the remainder as an independent parcel is at least as much as its value as a part of the whole. Indicated value of the remainder as an independent parcel: NIA* *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 42 131 Seward Airport Appraisal Services Project Number 25202065/ Z5485700001 AIP 3.02-0259-XXX-20XX Parcel Number, 5 1. Land acquired (fee interests) $2,000 2 + Improvements acquired $0 3. + Net damages $0 4. +Cost -to -cure $0 5. +Permits acquired (TCP) $0 6. +Easements acquired $0 7. +PLO or section line easements acquired $0 S. +Any other interests acquired (TCE) $0 9. Total Market Value of Acquisition $2,000 43 132 ADDENDA 44 133 The property owner's representative, Jackie Wilde was contacted via phone (907-224-4048) and email (jwild&if icityofseward-net) on June 14, 2021 and a meeting time/place was made. Ms. Wilde did not join us on the inspection. An `Opportunity to Accompany' form was dropped off at her office after the inspection; however, the form was not returned. Ilan 6A4,1.m.t 490 Hd Ryan McGillivray <bsr@ak.net> Appraisals• City of Seward na •yxwo<tah..r.d.nar You horwarded INS message on 61171=111X27 AM. Mrafagr a' QW.I Ay la k—Mar7.d— 06 IM 'i 2142nd9d P-1 Kd oW .-JW gal Hi Jacki, I left you a valcemail just now but thought I'd fo'tow uo wlth an email Our company will be appraisirg a couple of parcels owned by the City of Seward. We'n be there an Wednesday inspecting them The first appriaal we are working an is for the State of Alaska Seward Airport Improvement project The parcel comprised of tidelands bated much of the Seward Airport described as Alaska Tideland Survey 374• East 11 dd Section 2 and a portion in Section 3 bounded on the West by Parcels Band C U.S. Survey 9000.1 have attached a parcel plat {Parcel Sl as well as an opportunity to accompany farm the State of Alaska asks us to provide in our appraise s. We are completing the second appraisal is for Chugachman The parcel Is a proposed 3.31 acre portion of an 11 acre lot (IIPB 100 14502W7, tot 7A, Fort Raymond Subdivision Re - plat 41 in TIN, R1W. S34, SM). This appraisal Is to assist Chugachmnrt with an evaluation for a proposed acquisition. The purpose of this email is to offer the opportunity to join man these Inspection as well *sic comment on the respective projects, each properties ettribndes, other condrwna that might Influence their values and to provide any meaningful market data. . Just got off the phone with you. Thanks for the call ba; k. We'll see you at 11:30 on Wednesday. How about we meet at the cukde-sae located an the north side of the airport. We will being brown suburbann. Thanks, Ryan Ryan Mr Gillivni Appraiser Cock•Smith, BetfarcI & Cadson 45 134 SIZE ADJUSTMENTS Given the limited data availability in most remote locales, comparables significantly larger or smaller than the subject are often among the most relevant. Market data confirms that unit price decreases as parcel size increases. Price/size relationships are suggested by size trend analyses.17 Sales are rarely identical in all respects other than size. However, the market does not support reliable adjustments for other physical inequalities so that the impact of size can be isolated. Nevertheless, a sufficient quantity of data can generate a reasonably reliable range of adjustments. The following comparisons are based on general location but not adjusted for other inequalities. Re Re lationship of ±40 acres to ±160 acres Source Data Location Date Acres $/AC %IAd . BIA ILI 55 Copper R., L. Iliamna 9/96 50.01 $1,600 BIA ILI 52 Copper River, Lake Iliamna 7/99 159.99 $963 -40% BIA ILI 1776 Pedro Bay, Lake Iliamna 4/03 39.93 $2,004 BIA ILI 1725 Lonesome Bay, Lake Iliamna 11/03 159.96 $1,094 -45% BIA BRB 1904 Agulaowak R. & L. Aleknagik 10/03 38.37 $3,336 BlA BRB 86 A ulukpak R. & Beverly L. 6/98 158.95 $1,887 -43% BSBC 466 Fish Cr., near Kotzebue 3197 47.75 $1,500 BSBC 465 Noatak River near Kotzebue 3/96 129.99 $808 -46% j BIA BRB 2037 Left Bank of Nushagak River 9-04 39.99 $4,626 BIA BRB 1 Left Bank of Nusha ak River 8-02 120.00 $2,000 -57% Source Data Location _ Date Acres $/AC %lAd� BIA LCK 2268 Dice Bay, Lake Clark 9-05 39.99 $3,001 BIA LCK 2710 N. Shore Lake Clark 7-08 134.97 $1,400 -54% BIA LCK 2921 NW Share Lake Clark 2-09 155.07 $1,999 -33% ationshin of ±40 acres to ±80 acres Source Data Location Date Acres $/AC %/Adj. BIA LCK 106 Lake Clark 9/99 40 $2,125 BIA LCK 4623 Lake Clark 1/98 79.96 $1,601 -25% BIA LCK 107 Lake Clark 8/99 79.97 $1,050 -51% Source Data Location Date Acres $/AC %/Adj. BSBC 954 Holitna River near Sleetmute 7/98 39.97 $1,226 BIA YKD 4959 Yukon R. near Marshall 10199 39.98 $875 BIA KSM 5279 KukokWm R near Medfra 3/99 79.99 $500 -59% -43% 17 The data is supplemental. Details are not presented in the addenda. 46 135 Kei Source Data Location Date Acres $lAC 9/6/Adj. BIA YKD 4805 Yukon River 8-98 39.98 $638 BIA YKD 4453 Yukon River 10-98 79.98 $481 -25% BIA LCK 2268 Dice Bay, Lake Clark 9-05 39.99 $3,001 BIA LCK 2715 N. Shore Lake Clark 8-08 79.97 $2,001 -33% 143MJ110111 Vt .LUV 42W=0 lV .6t UV 0%.I C-7 Source Data Location Date Acres $/AC %/Adl. BIA INT 5051 Nowitne R. near Ruby 11/99 80.00 $913 BSBC 952 Nowitna R. near Ruby 6/03 79.96 $875 BIA NTS 4829 Unalakleet R. 11/99 79.74 $692 -47% BIA INT 5154 Yukon River near Ruby 12/00 160.00 $486 -45% -30% Relationship of ±100 acres to ±160 acres Source Data Location Date Acres $/AC 0/6/Adj. BIA BRB 1794 Chikuminuk Lake 1/04 109.98 $2,100 BIA BRB 1989 Togiak Lake 7/03 159.96 $1,625 -23% BIA BRB 617 Alagnak River 3-05 119.97 $1,792 BIA KSN 2304 Alagnak River 6-06 159.98 $1,200 -33% BIA ILI 2503 Hat Island, Lake Iliamna 2-08 105.11 $1,475 BIA ILI 1725 Lonesome Bay, Lake Iliamna 11-03 159.96 $1.094 -26% Summary Again, the sales are based on general location but not adjusted for various inequalities. Nevertheless, the number of pairs adequately establishes that the market recognizes a general range of discounts (downward adjustments) for each size increment. For the purpose of our appraisal, the range is distributed as follows: If the unit of and the comparable 's adjust the comparable comparison is: area is 160 acres 20 acres -65% 160 acres 40 acres -50% 160 acres 80 acres -25% 80 acres 40 acres -20% corresponding upward adjustment 40 acres 80 acres +25% 80 acres 160 acres +33% 40 acres 160 acres +100% 20 acres 160 acres +186% " Rough interpolations are used to correlate sizes other than those listed in the table. 47 136 Valdez Area Safes In the following table, sales in Robe Lake Subdivision are compared with sales in Lowe River Subdivision. The locations are generally similar but Lowe River Subdivision is across the river from the Richardson Highway. Data # Subdivision # Sales Access Date $/AC Adjustment 914 ROBE LK 4 sales Gravel AVG. 97-2000 $5,987 1 915 LOWER 2 sales None AVG. 99 $1,459 - 76% The indicated adjustment is overstated because Robe River also has phone and electric service. Rural Fairbanks Sales (Near Standard Creek Road) Similar sized lots on or near Standard Creek Road that are +/- 20 miles SW of the pipeline, with similar dates of sale are compared in the following table. Data # Legal/Location Acres Access Date Price Adjustment MLS# TL 1307 Standard 40 Gravel road 7108 $55,000 100406 Creek Road 2287 '/• mile NW Standard 40 Trail 8108 $32,500 - 41% Creek Road 2310 2.5 mile NW Standard 40 Trail 5107 $27,500• - 50% Creek Rd. Mean $30.000 - 45% Adjustment overstated due to inferior wetlands. McCarthy Sales Similar sized Iots in McCarthy Creek Subdivision that exhibit similar topographical features are compared in the following table. Data # McCarthyCr. Acres Access Date Price Ad ustment 907 L1/B5 9.6 Gravel road 1/99 $24,102 908 11-4/133 9.8 Gravel road 3/97 $27,000 Mean $25,550 909 1-9/2 10.2 Overgrown trail 11/01 $19,000 910 L61B5 9.2 Overgrown trail 12/98 $23,000 Mean 1 $21,000 -18% The sales in McCarthy Creek subdivision indicate an adjustment of —18% for parcels with improved access compared to those accessed via a trail. Fox (North Fairbanks) Sales This pair consists of two similarly sized parcels outside of Fox, Alaska, near the junction of the Old Steese Highway and Goldstream Road. Data # Legal/Location Acres Access Date $IAC Adjustment 911 Goldstream Tax Lis 147 8 148 22.736(paved) 6/97 $2,000 912 No improved Tax Lot 130 17.986 access 11196 $1,750 - 13% 48 137 This pair indicates an adjustment of approximately -13%. The adjustment is arguably understated because the adjoining owner purchased the site lacking access. Northwest Rural Fairbanks (Near Murphy Dome Rd) Sales This pair consists of two similarly sized parcels outside of in rural Fairbanks, near Murphy Dome Road approximately 17 miles SW of the pipeline. Data # Legal/Location Acres Access Date $!AC I Ad ustment - gym..._ $1,819 2295 5535 Cashe Creek Rd 38.48 Cashe .Creek Rd.(paved) 5109 2293 Tax Lot 2003 40.00 No i 4/08 $900 - 51 messed The adjustment is overstated due to a portion of #2293 being impacted by a meandering creek. Eagle, Alaska Sales Two similar sized parcels near Eagle Alaska are compared below. Data Legal Acres Access Date $lAC Ad ustment 811 Lot 6, USS 8696 39.94 1 Taylor Highway 6/00 $1,002 913 Lot 7, USS 8671 39.97 1 Boat/Snowmachine 11100 $751 - 25% This pair indicates a difference of -25%. The adjustment is understated because the site with no road access has the amenities of being located on the Yukon River. Homer, Alaska Sales Two similar sized parcels near Homer Alaska, on Kachemak Bay are compared below. Data Legal Acres Access Date $/AC Adjustment 3151 Tr. A Stone Step #2 & L1-23 Stone Step E. Add 135.83 Private gravel road 4/15 $9,990 3152 Tr. Q, Good Life Acres 188.7 Ocean 3/15 $3,005 - 70% This pair indicates a difference of -70%. Both parcels are ocean fronting, Iocated adjacent to one another; however, the adjustment is understated because the site with road access has additional lake frontage and electricity. Seldovia, Alaska Sales Two similar sized parcels near Seldovia Alaska, are compared below. Data Legal Acres Access Date $/AC Adjustment 2782 L2, 6, 7, Sec. 6, T9S, R14W S.M., AK 144.31 Gravel roads 1/07 $10,000 2784 USS #7676 134.99 Ocean 12/10 $2,482 - 75% The adjustment is overstated since the parcel with road access is near the town center of Seldovia. 49 138 Ninilchik / Kasilof, Alaska Sales Two similar sized parcels within the Kenai Peninsula Borough, are compared below. Data Address Acres Access Date $/AC Adjustment MLS #12- 22302 Cohoe Lp., Cohoe Loop Rd. 7925 Kasilof, AK 48.91(paved) 1/13 $1,544 114 mi. from MLS #09- Sterling Hwy.; rd. 11346 14427 Newell St. 40.0 not built 2/15 $623 - 60% The adjustment is slightly overstated since the parcel with no road access is more rural. Summary of Access Analysis The indicated differences are summarized in the following table. Area Valdez sales AdjustmentMarket Access -76% Overstates adjustment KPB sales Homer, Seldovia, Ninilchik/Kasilof .............. -60% to -75% Overstates adjustment Murphy Dome Sales -51% Overstates adjustment Standard Creek Road Sales -41 % to 50% Overstates adjustment Indicated Range of Adjustments - 25% to - 41 Ea le sales -25% Understates adjustment McCarthysales - 18% Understates adjustment Fox sales - 13% Understates adjustment The data suggests a general range of downward adjustments from -13RO to -76 °fie. This wide range can be attributed to the data availability (the marketability of parcels without access is comparatively limited) and a number of sub -market specifics. For example, in remote and emi-remote areas accessed by ATVs, snowmachines, boats, or aircraft, the significance of direct road access is diluted. In contrast, where a local platting authority requires the construction of roads to a minimum standard acceptable for maintenance, the market advantage of a parcel with adequate access is substantial. However, even in rural Fairbanks, comparables representative of the adjacent lands along most of the route (>40 acres) reflect a variety of access characteristics for which little distinction is evident. The relative quality of paved access and dirt road access is largely obscured by other inequalities (e.g., soils/topography, privacy, view shed, etc.). In summary, it is not practical to develop unique access adjustments for all of the sub - markets along the route. Given the nature of the adjacent lands and the representative comparables, a low -end universal adjustment is not unreasonable. For the purposes of our analysis, comparables with adequate improved access are correlated with a downward adjustment of 25%. Conversely, where the segment has improved access but the comparable does not, the comparable will be adjusted upward by 33%.18 18 1.00`(1-.25)=.75 .75 x (1 + .333) = 1.00 (rounded) 50 139 ELECTRICITY ADJUSTMENTS It is difficult to isolate quantitative adjustments for electricity, as various other characteristics such as location, soils, topography and access often mask the difference attributed to electricity. Truly comparable paired sales are rare. Regardless, a parcel with electricity available is superior to a similar parcel without electricity. The data summarized in the following table quantifies an adjustment for electricity. Description Downward Adjustment Cost of distribution line extensions19 $140/AC Paired Sales 2002 TAPS Appraisa120 10% to 50% 2013 Statewide MLS Search2l 20% 2013 Fairbanks MLS Search22 25% Reconciliation The dollar adjustment of $140/acre assumes that the market recognizes electricity availability in precise terms based on cost. However, the market is not precise and a percentage adjustment is more applicable. The data indicates a range of downward adjustments from 10% to 50% to reflect the lack of distribution electricity. Giving weight to the bulk of the data from MLS searches (20% to 25%), while recognizing the potential for other influencing factors to impact value, we conclude at the low end of the range, or -20% for the lack of distribution electricity. The corresponding upward adjustment is +25%. 19 2003 Electricity Adjustment Supplement, TAPS Renewal Appraisal, page 2, based on interviews with MEA, CVEA and GVEA. 20 Ibid., page 10. 212013 raw data search of 56 Sales, with orwithout electric, 80 to 160 AC, 2002 - 2012. Adjustment based on average unit price. 22 2013 raw data search of 110 Sales, with or without electric, 40 to 160 AC, 2002 - 2013. Adjustment based on average unit price. 51 140 LOW UTILITY LANDS RATIO ANALYSIS I relied on ratios measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is summarized in the following table(s). 52 141 .2uj y N =¢ma N N r T u t0 5 1+ G {p L A Q t- N n LO O C7 C 2 J N (� ❑ Y 0M M w b 0 f Q N tto a ~00i �� n m m ro ti ¢ aQ C SIM W Q » N T b? N y t LL U � 0 N O M t O C a U m y a T x er, c m IDU m En0) °w Lj na n Ae 41 -0 Q N N_ N _O 0 x in C lfl ! cr,Qn1 C C N C'7 n O N EE D C R G 7 yip � Q ¢O m ccM C O N do QN > Q LO 00 C a P V+ d _ Go d! G y IO Y P O Y a n 0 w (9 7 a � C'D cu e = ' N r > Ln to ¢ N Z5 O C — Q P > fa N C m C f7 r M p Q _ N > ^') Obi N m U O G C ¢ � P Np Q l=0 N ti M ot7 N O N X ty T z0 ❑ � C AG V vuit�°mv S a O "T' 7 [n Y LO '� Qm=V mL° ¢ O x 60 w C Q d N N E n oc c Li tao — m � a en Er ¢ 10 T pppp n Art T Z O ❑_ rGil mC C� N oclop 0 �zLO a'm a VIPTVf aHdCC E Z O c a m QN m N mTfn VT N n'I on AD I`2= (} i r O IQ iD ui N G O C3 ' Q Z N y o d' ty lA G O m`P # Y ¢ 7 0 61 cc O Cl O o T C m to co o 7 f N y N C aW ❑� = t` Em�Uc rL— ° x Pto E°r} C) 5 LL LL !L 0 LL LO Ln N G N N N N b N b c tC •d U r_ a M to O N p 41 t6 16 rL a .0 .0 /U C, fA J077 F F Z Z Z Z Z Z Z iA jY Ms W O Q1 o �r i❑ pi 9 p i0 ' J LL $ J N C �p G d H tlbl t0 b 7 O Q m N tyi U C Iy0 0. -a— N N w Vi p R t1 a p G1 \ -G co �U tcv amc-wmgm r Go N o I M _ac�a y O Cl) C ' Q C Vi N J — Ck to m Ci G7 b to = E! m Q 'o C p CI . to = — O O 7 ill Ln to ITt- ti 6 to to N 01 p m O _ _ to nl to of El N cD Go Q N t0 y D o pl Z U' a = n q P O ❑ ¢ o N w O m Z) az❑ � c n� Jn to F= F fir; gym • YF� N Q l4 °1 p C lr 'D G m iDn lD O R n W c; M C t�[ C to N w T y a O On y-6 y a n Y n t7 — t0 N 4 C N° N= N GO O y G 8 a -acc-, UL m C rn"�p to m y &� C UY.=..Y O� fA (7 �7 ❑ J a N G z 8 ° r 03is8 ° °N d¢ R 4 n$ v:o l i o 0 0 o to bz m�$ O. tO G Q to" cmM U m C c Y Q N f6 ❑ Mtn U A ❑ to �r 2 C amn n co ch T2 a c trj v, n v, a G tD Vi Ol vi > cli tp ❑ N to i7 =6YmcW.G V l4 . � c0.1 b N F G G > p 2¢ ¢ LL < p t=b C` a r a1 C H u t9 `y m 3 ? cD epn0 air ❑ Y w O -6 !� ro AO C Oo nau�yi m n•c m a r ; r Ln� ��,��Ra y¢M�J p p Y N e7 !! O y V is d' C ys> c H o min upi a p O y O N O—Y N� C oU ❑ Y c� bQ y m mW mam o co M Q uvi I I w Z. ya N 19 Y U m O in O t!) r G t„i Z lCt1 O o(j Ll Y N b¢ to - F F yY TtnO ❑ a � � N '2 Ld m¢13 Q$ ti N v I I F a c c vi .t in to C cL1 0 p c O LO OrbZ a O a�O•r.pOM li ❑ y Q BR F y 0 a N LL s to y � p l6 LL N v am a U C N � y N 9N 9, C C G' LM dl . P U 'o t4 J❑ ❑ P P N in M Z M t1J 142 The factors range from 10% to 30% (rounded) but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them. Nevertheless, the data is helpful in establishing a range and developing measures of central tendency: a median of 25% and a mean (average) of 23%. Despite the apparent inadequacies, the ratios are supported by comparisons of developable parcels in the Anchorage bowl with properties that have significant obstacles to development (challenged sites). Ratios — price for challenged sites as a % of the price of developable sites A wide range of ratios from 0% to 50% is suggested by the prospects for development of low -utility lands in the foreseeable future. A zero probability may not be unreasonable but it does not account for the long term speculative prospects. Where the market accepts the speculative risk but the unknowns are significant as well as the time and cost of securing entitlements; the probability of development in the near term is less than 50%. Narrowing the range is aided by the following comparisons; details are retained in our work file (#14-089-7). Comparison 1 Prices for developable multi -family parcels in 2006 generally ranged from $3.42 to $8.491SF. MLS #05 106202 (shaded) was an October 2006, open -market acquisition of a 5-acre parcel zoned for multi -family use. Nearly all of it is within the flood plain and wetland delineations. It was acquired by Wal-Mart for wetland mitigation. The listing agent (Andrea Gribbin, Prudential Jack White RE (907-562-6464) reported that it would be dedicated as park land The reported price was at $2.53/SF Fief. # Location Zoning Status Acres SF CEV $lSF #05-106202 Lore Road R-2A Oct-06 5 217,800 $550,000 $2.53 1218 SEC Arctic & 46th R-3 Mar-06 8.66 377,000 $3,202,000 $8.49 1543 Tract S Independence Park R-3 Jun-06 4.37 190,176 $649,500 $3,42 1501 2921 W. Intl. Airport Rd R-4 Sep-06 2.24 97,738 $740,000 $7.57 1545 7880 Nadine Street R-2M Sep-06 2.17 94,672 $525,000 $5.55 Excluding #1543 (price skewed by poor soils conditions [deep peat]), the price of the wetland parcel ranged from 30% to 46% of the upland parcels. Comparison 2 The sales of two lots that characterize the in -fill development pattern of older subdivisions are summarized in the following table. MLS # Location Zoning Status SF $ 11-11874 11-11876 Southwood Park Southwood Park R-1 R-1 Sold Nov-11 Sold Nov-11 7,000 7,000 $55,000 $55,000 The following properties in the paper -platted subdivisions near Dimond Boulevard and Minnesota Drive sold at about the same time. The area is classified as "B" wetlands. Access is not developed and public utilities are not immediately available. Lots in these subdivisions have been marketed for years as speculative investments. MLS # Location Zoning Status SF $ 10-9957 Laurel Acres R-1 Sold: Aug-10 8,750 $13,500 10-9179 Patricia Sub R-1 Sold: Apr-11 9,580 $11,800 A mid -range price ($12,650) equates to 23% of the prices reflected by the preceding sales ($55,000). 54 143 Comparison 3 A 2009 sale of an in -fill lot is summarized in the following table. MLS # Location Zoning Status SF $ 08-15191 Aurora Heights R-1 Sold: Apr-09 9,267 $110,000 The following sales in the paper -platted subdivisions near Dimond Boulevard and Minnesota Drive are similar in terms of time and size. MLS # Location Zoning Status SF $ 08-8247 08-8246 Laurel Acres Laurel Acres R-1 R-1 Sold: Apr-09 Sold: May-09 9,425 9,424 $16,000 $16,000 A price of $16,000 equates to 15% of the price reflected by the preceding sale ($110,000). Comparison 4 The following sales are similar in location and size. The upper end indicator is reflected by a lot with paved access and all utilities. The average price ($11,900) of two lots in the same subdivision with no road or utilities equates to only 10%. MILS # Location Zoning Status SF $ 10-4207 Patricia Sub R-1 Sold: Jun-10 10,250 $119,500 10-9179 Patricia Sub R-1 Sold: Apr-11 9,580 $11,800 10-9178 Patricia Sub R-1 Sold: Jan-14 11,677 $12,000 Reconciliation Comparison $ for challenged sites as a % of developable parcel $ Notes Because the intended use of the wetland parcel was preservation/conservation, the indicated range of 1 30-46% factors is suspect. These factors are arguably understated because in 2 23% addition to differences in access and 3 15% soils/topography, the factor also accounts for the difference in the availability of public water and sewer 4 10% — not a factor in the comparison of properties that require on -site well and septic systems 55 144 ALTA Commitment for Title Insurance First American My" By Commitment First American Title Insurance Company File No: 0227-3446921 COMMITMENT FOR TITLE INSURANCE Issued By FIRSTAMERICAN TITLEINSUP-ANCECOMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COFIPANY INVOLVING THE CDWrENf OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT 15 NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION Of TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DE7ER11INE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO FXiRAC:OHTPACT UAL LIABILITY TO ANY PERSON, INCLUDING A PROPO INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CO TENT OF THIS COMMITMENT TO ANY OTHER PERSON_ COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule 8, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, FhsrAmerlcan 77t/e lnsurarrte Company, a Nebraska Corporation (the "Company"), commits to issue the Poky according to the terms and Ixovisirxrs of this CommitmenL This Commitment is affwlive as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the sl'h 4iei dollar amount as the Pncaposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title Insurance Company D—J Gib= A.ildwd trp 5m01% S.C" PJ,1: 54857 NAME: SEWARD AIRPORT IMPROVEMENTS PC L #: 5 CURRENT OWNER. CITY OF SEWARD If this Jacket was created electronically, it constitutes an original document. MIS PiOeif0*aivirafa2016ALTAd7C xrtfor 70efesur2flce&2mdbyAWAnle7if]Rride lssw-"eCwWany 7h&CL,m1q.rnteiW va.W *Yffimt O5e Ab&e; the M rt to issue AafrY, D7v Cn at clande w S rc _,ir A-Sdmvk le $ Part I-Rw-,� -w-t; 5cf* AF, A Part a arep Tom Copyright 2006-2016 Amerkan Land Title Assodation. All rights reserved. The use of this Form (or any ilk+-eatx therwO is :r-mfLA to ALTA kensees and ALTA memhus in goad smndhhg as of the date of use AR of hef uses are prohibded. Reprinted under kense from the Amerlan Land Title,ram -t— rM 500037W (0-23-I0) r4o 1 of 10 ALTA Cnmmitmentfor Title Insurance (&I -Is M 145 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "IGhtr wkdge" or'knhohvn': Actual or "%ftd knwvdedge, but not constructive notice imparted by the Public Records. (b) -land": The land &=kbrd In Schedule A and afRxed InVovmnents that by law constitute real property. The tenn'Land" does not inckide arty prr><herty d the lines of the area described in Schedule A, nor arty right title, interest estate, or e--keem in ah m3 m sbeM roads, —Rjeu -, alkyl, lanes, ways, or waterways, but this does not modify or HrM the extent that a right of access to and foam the land Is to be mired by the Policy. (c) "mWXPfle": A mortgage, deed of tout, or other sectM kstrurnent, Includinq One evidenced by electronic means authorized by Law. (d) "PoW Each contract: of We Insurance, In a form adapted by the r mencan Land Title Association, Issued or to be Issued by the CaM any pwwwrt to this Cominmhhent. (e) "Propcc-d Insured': Each person bellied in Schedule A as the mposed I nsired of each Policy to be Issued pusuant to this rlafahhrlmmL (f) -Nnpnm d Poky Arno4rY': Each dollar amount spetyled In Srhreide A as the Proposed Polley Amarnt of each Policy to be Issued pursuant to this CommfimenG (q) 'Public Records': Records established under state statutes at the Carnm1meht Date for the p:fpuse of krnparttnq constructive notice Of matters miAM to n.5d prthMV to phantasms for value and without KWWW�. (h) "T6fe': The estate or Interest described In Schedule A. 2. If as of the Schedule % Part I—Requinernetts have not been met within the tune period specified In the Conrrdb iwt to Issue Polley, this Conwilt ei d trrmi hates and the [cr"y's liability and oblgatlon end, 3. The CmwWs Landry and obligation is limited by and this Ccmmih--.t es not valid without (a) the Notice; (b) the cwmvLmem to Issue Paley, (c) the Ca mhmT& t Conditions: (d) Schedule A; (e) a4duk B, Part I—AEgib erriL Z; and (f) 5r B, Part H—Euepaons. 4. COMPANY'S RIGHTTO AMEND The Company may arnend this Co mdtrnent at any time. If the Comp x y an K4 & this UznnvM.trt to add a defect fen. hxud b ai Ke, terse cL*k or other matter re m—k O In the Pudic Records prior tD the Commitment Date. any kabiNty of the Cmhparry Is Bmxed by Corrimbnent Cob S. The Corrgmi iy shall not be liable for any other amendment to this Comrngment 5. LIMITATIONS OF LIABILITY (a) The Cmp&Ws LVAty under Commtment Condition 4 is bmited to the Proposed Insured's actual expense Incurred in the Interval between the Company's delivery to the Pnxposad Insured of the Commlbnent and the delivery of the amended Commitment rmdttm front the P mVW td Lismed s good faith reliance to: (1) ownply with the Srhedik B, Part l ne ' (B) elrr trr a , with the Cmyisrrfs warren consent any Schedule B, Part Ill —Exceptions; or (W) acquire the Tide or create the Kxra-am mired by this Conurillment (b) The Cmparry shag not be Bable under Gum. ItrTffA Condition 5(a) if the Proposed Insured requested the P.7rndrrr rut or had Itnclw't ,rim of the matter and did not notify the Carrar4 about it in w ritinq. (c) The &xnp r y wig only have gaWn under Commmitment Condition 4 if the Proposed Insured would not have Incurred the expense had the Comngrnent Included the added matter wherh the Cortrsu[mew was last delivered to the Proposed Insured. (d) The Corr4arry's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described In Cana wment Cmdlnans 5(a)(1) tmLKj h S(aXW) or the Prop ased Poky Amount (e) The Lwpwri shall not be gable for the content of the Tradsacwa Identification Data, If any. (f) In no event shag the C>ampairr' be obNgated to Issue the Policy refereed to In this Commimnent unless all of the Schedule B, Part I-tequtements have been met to the satlsfacWn of the Company. (q) In arN event the Comp r y s liability is limited by the term and proydccm of the Poky TTuspipe/s-"+'', aAarof32016ALTAP Cchmrlvtment1, TraFlnsurarxrBwrdbyFusramtYk.,TId2lnswanceComAanr. fiis[emnYtrhrtisnot valid n1ftut 1h2 AkVre the Cz mrrvtrrrrnt m Issue Poky* the ear^o t Cartitkr+;' Schedule 4 apart 5-FireP901m Copyright 2ON-2016 American Land Title Association. All rights reserved. The use of this Form (or any dedvative thereof),s restricted to ALTA kmsm and ALTA members Rn good standing as of the date of use. A8 other uses are pmNbKed. Repintcd under license from the American Land TWe Association. SEIg03700 (8-23.10) 2 of 1g m ALTA COmitnent for Tide Insurance (8-1-16 57 146 6. UABILrrY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) (mly a Proposed Insured ldenttlied in Schedule A. and no other person, may make a claim ureter this commitment (b) Any claim must be based in carM-ad and must be restricted Solely to the terror and provisions of this Carmiytment. (c) Until the Policy is ismted this Camnibnent, as last revised. Is the exchdm and entire agreement between the parries with respect to the subject matter of this C.ornmitrnent and %*"series all prior corrmitrTmA negotiations, representations, and proposals of any lord, whether mitten or oral, express or irnplied, relating to the subject matter of this Commilt ent (d) The deletim or modification of any Schedule B, Part D—Exception does not tmstitirte an agreement or obligation to provide coverage beyond the terms and provisions of tits Commitment or the Policy. (e) Arty amerdment or endorsement to this Commitment must be in wr" and authenticated by a person audotmd by the Company- (f) When the Poky is Issued, all MbOty and obklaUm Urder this Commitment will end and the ComparyrS arty Batt ity will be tinder the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The Issuing agent is the Company's agent only fix the limited purpose d issui q title Insurance commit nernt5 and policies The Issl 4 agent is not the Carparys agent for the purpose of providing closing or settlement services 9. PRO -FORMA POLICY The Company may provide; at the request of a Proposed braced, a pro-kmia policy illustrating the wverage that the Company may provide. A pro -forma policy neither reflects the scats of The at the time that ttx pro-kff= poky ls delivered to a Proposed IrKured, nor it it a mms3npnt to rinse. 9. ARBITRATION The Policy suntans an arbitration clause. Ag arbitrable matters when the Proposed Policy Amount is S,txxl,Ixxl or less Shall be arbitrated at the option of e&w the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules Thar pace is a* a pat ofa 70I6,U rA* Crxwn&ment for ntfe Insurance issued by Rist Amwkran Tick hM arce C&W,1y. Thh Commitment & not told nib0;wf tine AWce, the Cro =Vmvrt m Isis Poky, the Cw=ftmt Candtronu Schedule A, Sche da;e d Part I -Re wtmmentv Sehedu1eB, Parr A-Ficepokl € Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is restricted to ALTA kensees and ALTA members In gaud standing as of the date of use. All other uses are poh bited. Reprinted under license from the Amert[an Land Title Amclatlon. 50003T00 (8-2.1-19) e 3 of 10 ALTA Commitment for Tale Insurance (8.1-16 Ala 58 147 ALTA Commitment far Tide Insurance First American Law BY Schedule A First American Title insurance Company File No: 0227-3446921 Transaction IdentlAcation Data farrefene"e, only. Issuing Agent: First American Tile Insurance Company Issuing Office. PO Box 469 f 51Ki Adams St, Ste Nxl. Seward, AK 99664 Issuing Offices ALTA@ Registry ID: Issuing Office File Na.: 0227-3446921 Commitment No.: 0227-3446921 Pi o sty Address: Portion of ATS 174, (Plat S-55), Seward, AK Revision No.: NUMBER TWO SCHEOULE A 1. Commitment Date: March 26, 2021 8:00 AM 2. Pdxy (or Polices) to be issued: (a) 20M ALTA@ Standard Owner's Policy Proposed Insured: State of Alaska, Department of Transportation fl Public Facilities Proposed Policy Amount: $TBD Premium: $TBD Tabulation of Saks $11iti,rwi 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple 4. The Tide is, at the Cornmitnent Date, vested in: CITY OF SEWARD S. The Lard is described as follows: ALASKA TIDELAND SURVEY 174, according to Plat -5-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; BUT ONLY TO THAT PORTION located in the East 1/2 of Section 2, Township 1 South, Range 1 West, Seward Meridian, and that portion located let Section 3, Township 1 South, Range 1 West, Seward Meridian, bounded an the West by Parcel 8, U.S. Survey 9000. RrstAnredran 7711e InsuranceConipany 4 ut, Kristi A. Larson, Title Officer 7hlsluyr&o'a'YaPitt Dfa1016ACTAOCir tfar r1deInsmanre&wedbyA3tA?wKae rdeInsw2nreCwtawy. 77&CLwi,;+t wrArnpt roAd 1 fVk tt the AbOICr• fhe C.arorgr-t to LMO R 1k the CofnmMrant r ar>d S[heglrk A Stlx diaF 61 Pafil RepukrrrreriLy Srhe+aFrAe 4 Pbrt 0-Fireplarm Copyright 3WG-3016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is resutted to ALTA licensees and ALTA members in good stabl ng as of the date of use. AN other uses are probbted. Reprinted urder kkense from the Amerhan Land Title Association. 5XIMA10 (8-23-18) (Page 4 of 10 I ALTA Col Mr-wt for TWe Llsurance (8.1-16 59 148 ALTA Commitment for Title Insurance First American MWED BY Schedule BI & BII FlrstAmerican Title insurance Company File No: 0227-3446921 SCHEDULE 8, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who wilI obtain an interest in the Land or who will make a ban on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insureed_ 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public RecnrdS. 5. P eleases{s) or Reconveyance(s) of Item(s): 6. 1. If any document in the completion of this tram.-wt x, is to be executed by an attrwrwy-in-fact, the contemplated Power of Attorney form should be submitted for review prior to closing. 2. The State of Alaska, Division of Insurance has issued its Order R92-1. The ruder in part, requires the immediate belling and colk ction of the minimum charge for this Commitment within 30 days of the first tolling. In the event this transavdm fails to close, the minimum billing Will be the cancellation fee in accordance with our fixed rate schedule. NOTICE In 1999, the Alaska Department of Natural Resources Megan recording maps of claimed rights of way which may have been created under a federal law known as'RS 247T, pursuant to Alaska Statute 19.30.400. Because the maps are imprecise, the exception from coverage shown on Section 2, Part 1, Paragraph 4 has been taken. Questans regarding the State's RS 2477 claims should be directed to the Department of Natural Resources. Public Information Center 550 W. 7th Avenue. Suite 1260, Anchorage, Alaska 99501 (907) 2694AM). NOTICE The attached plat, if any, is furnished as a courtesy only by First American Title Insurance Company, and is not part of Commitment or the Policy. The plat is furnished solely for the purpose of assisting in locating the Land and does not purport to show all highways, roads or ease°rnents affecting the Land. No reliance should be placed upon this plat for location or dimensions of the Land and no liability is assumed for the correcMess thereof. rho pope B any a part afa 2026 ALTAdf —t for ride lnwrarxe iwied by First Amerkarr nde 1hvx2nw CagAujy 7hts Cv+r+ - -n ,-r B nor wid wNiout the Ah ,-the CwrTAb f to ZaLw Ai6rP: the Come) xrtCandCio W sdxduk A: srhededr A Pant Reprbemenc� sr r1 _fir Q P7rt O t--ff Copyright 2ON-2016 American Land Title Association. All rights reserved. The use of this Form (or any derNaWe thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ali ether uses are M*bftd. Reprinted urder kmse from the American Lard U& ArmLaJan. 5MM7oo (8-23-18) Page s of io ALTA Grewivne ntfor Title Irwarce (M 16 149 ALTA Commitment for Title Insurance FirstAmerican Is5MBY Schedule BI & BII (Cont.) First American Title Insurance Company File No: 0227-3446921 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVEFtkNT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE WENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SIX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the temts and prm&-4mr of any lease or easement identified in Schedule A, and will include the following Exceptions unless dpareed to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the fast time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met 2. Taxes or asw -ts which are not shown as #�xi5inq liens by the records rf any taxmq Awt -rty that levies taxes or m5sessinrrits on real property or by the Publz Pecor& 3. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by malung inquiry of persons to vo-, m ion thereof. 4. Easements, claims of easement or encumbrances which are cot shown by the Public Records. 5. Rights of the state or federal government and/or the public in and to any portion of the Land for nght of way as established by Federal Statute RS2477 (whetter or not such rights are shown by recordings of maps in the Public Records by the State of Aia5ka sf,sowing the general location of these rights of way.) 6. Discrepancies, conflicts in boundary lines, shortage in area, ewc oad'iments, or any other facts which a correct survey wou'd disclose, and which are not shown by the Public Records. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Thtrpaxlsm1kaAwta(a706A[ TAM CammlhnenthorA4+lnsusrwftwdbyRrstAmoninwTWIrmnaweewtpwr 71eM�vna_ .rt/rrur valid iidthoert the Abdce the [Lrrx t1" t cohost shkr the Cmxrufixnt Sdxr6k A Srhesfuk A P:rt! RrOturk try 5[AnduleQ part 11 &Mpeb s Copyright 2006-2016 American land Title Association. All rights reserved. The use Of this Form (or any &m7we Umvof) is npsM4t t to ALTA kensees and ALTA members in good standing as of the date of use. All otlier uses are pWdblted. Reprinted urdw [tense from the Amentan Land Tide issmzop (Fain 50003700 (8.23-I8) IPage 6 of 10 I ALTA Comer tnwt forTkle bmrancr (8-1-16 NEW 61 150 9. Reservations or exceptions in patents or in acts authorizing the issuance thereof. VI- Reservations or exceptions State of Alaska Patent Recorded: July 18, 1968 Recording Information- Book 3P at Page 89 Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and driling rights and tmrnunities. Note: Tide to the mineral estate, as it pertains to said ieservatim, has not been further searched and no insurance is provided under this pobcy- 11. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2021, are a lien, but levy therefore has not been made - NOTE: Subject property is in not on the Kenai Perunsula Borough Tax RollL 12. Any adverse claim based upon the arsseibm that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created 13. Any preference tfohts which may exist under the Alaska land Act, terms, provisons and reservations under the Submerged Lands Act (43 USCA 1301, 67 Stat. 29} and the enabling act (Public Law 85- 508, 72 Stat. 339). 14. Terms, provisions and reservations under the Suln-mc ued Land Act (43 U.S.CA Sections AM through 1311) and the nghts of the United States of America to regulate commerce, navigation, food control, fishing and production of power, 15. Any prahibttion or limitation on the use, occupancy or improvements of the land resulting from the nght of the public or riparian owners to use any waters which may cover the land or to use any pxtton of the land which is now or may formerly have been covered by water. 16. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high and low water mark of any water source. 17. Reservation of section line easement 33 feet ii i width along each side of section line as provided by 43 USC 932 and reenacted by 1721 CLA 1933. 18. Reservation of section line easement 51, feet in width along each side of section line as provided by AS- 19,1111.11110. This papeisa*apart ofaM16ALMta^"�-'p':�!tfar ride lasurawe&Ws dbyFWAllfhvkan171 ftWanCeCantianr ThSr-farrot iald hfftuf d,e MOYke,• the Cevontlbncmt to tsroe Poky; die icrr—f C—Z-, t See+duk a, Sfhedi+k & Parr1-kequ1mnWM,- Rlkitk B, Part A-Fru�n€ Copyright 2006-2016 American Land Title Assodation. All rights reserved. The use of this Form (or any derivative thereoO Is restricted to ALTA koisees and ALTA members in good standing as of the data of use. All other uses are p vWbited. Reprinted under license from the American Land T16 Assmhvjon. 5=37W (8.23-18) page 7 of 10 ALTA Commitment for Tate Insurance (8-1-16 AJaOA 62 151 19. No map showing the location and dimensions of the land exists, and no assurance is given as to the krcatimr and dimensions. NOTE: The legal description as contained herein has been modified from that as ordered to conform to the record title. Please review carefully to verity that this is the property intended to be covered by the contemplated transaction. 2u. Any shortage in area or any discrepancy in the exact location of the premises resulting from insufficiency or ambiguity in the krgal description contained in the documents referred to herein. 21. Rights of access and egress to subject properties. We find no Notice in the records of any dedicated or improved roadways abutting them. 22. Unrecorded leases, subleases or periodic tenancies, if any. Note: Our search of die 'public records' as defined In the Policy of Title insurance to Issue, discloses no matters against State of Alaska. 77VYPage Is v* a part afa 20ISAt rJO Cwnnutmentfar Title Insurance &ued by FlatAmerrcan Trek Insisance+ Company. This CommrCnerrt is not vaid irdfhaut 1hP Abohre; !hr Camrrs9Ynerrf tD lssrx Rainy; the CMMOrentCandlT M Sdieduk A.SdndiA d. Pdrrl RequlrRments' Sfhr;iuk Parr Copyright 2006-2016 American Land Title ASSo[iatiori. All rights reserved. The use of this Form (or any derivattve i}ierwo is resMcted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under kense from the American Land Tttk Assoctation. 50M-M (&2,-I8) 11310 8 of 10 ALTA Commitment For Title Insurance (8.1.16 I-V 152 Prooertv Identification Record ID 3857 Property Type Recreational Address NSN Riverside Drive, Seward, AK Location Resurrection River USGS Quad Map Seward A-7 Latitude, Longitude 60° 7'48.88"N/ 149024'20.38"W Tax ID Various: 7- lots Legal Description See remarks Plat Record 15 Property Rights Fee simple Sale Data Grantor Bolstridge/Rott Grantee N/A Sale Date July 01, 2003, Expiration date Deed Book/Page N/A Sale Price $10,000 Financing N/A Adjustments None Marketing Time 374 Conditions of Sale No sale Verification Other sources: MLS# 02-307128, Confirmed by Ryan McGillivray, June 05, 2021 Neighborhood Vacant/Unimproved tideland/river frontage Land Data Access River Topography Level & heavily treed Soils Located Win floodplain; wetlands & tidal influence; sloughs bisect Utilities None Shape Rectangular Zoning Resource Management Other Expired listing- See remarks Amenities None Present Use (At Sale) Vacant land Highest and Best Use Recreation Intended Use NrA Assessed $ (At Sale) N='A Land Size Information Gross Land Size 22.990 Acres or 1,001,444 SF Indicators Adjusted Sale $/Gross Area $435fAcre- Expired Remarks Unsold expired listing of 7 lots located adjacent the Resurrection River. The lots are not all adjoining however, the bulk of the acreage (20.82 acres) is located on 1 lot. The parcels are accessible from the 64 153 Resurrection River. The listing agent is no longer working and phone numbers for the seller were not found. Jr I i KJP•.�wa s�rJrJar TRAWFOW SUBDIVISION" ux+Prrrmv r... � ��_AY.I•w •.r ws�r._ �_ a IYI M p•Nr pI ; � •.M f1••rr �.. �' yr. •:rinu Leon lil!'4 I.—M2 IM LIT S -TILT n. I1.c(N1► 1 t77' LPrks I .SOT PLOT 1! � rY _ _ _-� .A w.rr I••. r• 65 154 Property Identification Record ID 3145 Property Type Remote Recreational Property Name Head of Resurrection Bay Address NIA Location Head of Resurrection Bay, between the Seward Airport and Nash Road, in Seward, Alaska Tax ID 14502230 Legal Desc. Parcel 1 — All of the SW 114 of the SE114 in Sec. 35, T1 N, R1 W, Seward Meridian, AK Legal Desc. Cont. Parcel 2 — N112 of Lot 2, in Sec. 2, T1S, R1W, Seward Meridian, AK Sale Data Grantor Timothy McDonald Grantee Bruce and Wanda Sue Harris Sale Date January 1, 200B Deed Book/Page 2008-000042-0 Recorded Plat NIA Property Rights Fee simple Marketing Time NIA Conditions of Sale No undue stimulus reported; arms -length transaction Financing Cash Sale History NIA Verification MacSwain Associates, File No. 07-1660 Sale Price $115,000 Land Data Zoning RM — Resource Management District Topography Ranges from low-lying marsh area to level vegetated areas. There are several sloughs and waterways meandering through the parcel. Utilities None, remote Shape Mostly rectangular Access Dirt trail and boat Soils Located within a floodplain and contains some wetlands; regardless, there appears to be several suitable building sites. Land Size Information Gross Land Size 62.0 Acres or 2,700,720 SF Front Footage Is bisected and fronts a tributary of Resurrection River Indicators Sale Price/Gross Acre $1,855 Sale Price/Gross SF $0.04 Remarks The parcel is located in a vacant area between the Seward Airport and Nash Road. It is located within a floodplain and contains some wetlands. Access is limited to a dirt trail and boat. Overall, the parcel is suited for recreational uses being on a tributary of the Resurrection River. 67 156 q E Tr au v�T — lmd I'LL .1 Jai; r "07 r77 - TW,,W r' A r4' Proaerty Identification Record ID 3858 Property Type Recreational Address 2011 Sharon Avenue, Seward, AK Location Adjacent the Seward Airport and Resurrection River USGS Quad Map Seward A-7 Latitude, Longitude 60° 8'3.33"N/ 149024'40.47' W Tax ID 14502222 Legal Description Lengthy legal- portion of US Survey 722 Plat Record None Property Rights Fee simple Sale Data Grantor Patricia A. Freeman Revocable Trust Grantee NIA Sale Date July 22, 2009, Date of expired listing Deed Book/Page NIA Sale Price $100,000 Financing NIA Adjustments None Sale History See remarks Marketing Time 355 Conditions of Sale See remarks Verification Marcus Mueller (907-714-2205), May 27, 2021; Other sources: MLS# 08- 11132, Confirmed by Ryan McGillivray Neighborhood Mixed -use; industrial to the north, airport west/south and river east Land Data Access River Topography Bulk of the acreage is in the river; portions treed on east and south Soils Primarily floodplainlwetlands Utilities None Shape Primarily rectangular Zoning Resource Management Other Expired listing- See remarks Amenities None Present Use (At Sale) Vacant land Highest and Best Use Recreation Intended Use NIA Assessed $ (At Sale) NIA Land Size Information Gross Land Size 71.880 Acres or 3,131,093 SF Indicators Adjusted Sale $/Gross Area $1,3911Acre- Expired listing Remarks Unsold, expired listing located adjacent the Seward Airport and Resurrection River. The parcel was donated in 2015 to the Kenai Peninsula Borough for $1 and closing costs (2015-000152). 158 I \�[�� :] |. . � | ' - ProDertv Identification Record ID 3859 Property Type Recreational/residential Address 110 Aialik Street, Seward, AK Location Base of Mt. Marathon USGS Quad Map Seward A-7 Latitude, Longitude 600 7'12.24"N/ 149'27'10.03"W TaxiD 14823015 Legal Description Lengthy legal- portion of US Survey 931 Plat Record Portion USS 931 Property Rights Fee simple Sale Data Grantor David Dexter & M. Lisa Paesani Grantee Justin K. Waite Sale Date May 07, 2013, Pending date Deed Book/Page 2013-000855 Sale Price $80,000 Financing Cash Adjustments N/A Sale History Listed for $90,000 Marketing Time 231 Conditions of Sale No undue stimulus reported Verification Todd Peterson (907-224-3350), June 07, 2021; Other sources: MLS# 12-13369, Confirmed by Ryan McGillivray Neighborhood Adjacent Seward infrastructure Land Data Access Available from Aialik Street and Vista Avenue Topography Steep and heavily treed Soils Appear adequate Utilities Electricity adjacent Shape Primarily rectangular Zoning Resource Management Other Restrictions None noted Amenities Scheffler Creek adjacent Present Use (At Sale) Vacant land Highest and Best Use Residential/ Recreation Intended Use Unknown Assessed $ (At Sale) N/A Land Size Information Gross Land Size 49.850 Acres or 2,171,466 SF Indicators Adjusted Sale $/Gross Area $1,605/Acre Remarks Sale of a parcel located at the base of Mt. Marathon, adjacent Seward infrastructure. The listing and selling agent was unsure of the buyers intended use. No improvements have been constructed since the purchase. 71 160 • �i♦R 1ilY •Cuss I .✓1 irrr rr M.yM r•r1�. Yrl , I 1 I r I I J4 r C�c-3 r � � ''Z-4 h zi I -4 I �r 1 I :j 41 L. 1 -1� 3 C:X R �yrf N mom 7°E�%70 � � a �Rr prrrK • vrw a anra � r rr+awn�en.. m we a� osr= nwwrQ.at t. amb e : rr'.o w � re. r+wo. n .a.aar.w.a r w r �n s ++�..ra m.�nr.s w�a�• uo.na.wtr..w�r.wtr..s.a us rn rnm r s. rs. .ur*n.n mae� .su T.7.eei y 4 r PJI'ORD of sEA�vpr USS 931 Pmcwt Oesag wd kr Book 121, Page 970 ir.wv freaeip rao*t Alw w At L. S.~ 4 71sI/W LL we 161 Pronertv Identification RecordlD 3252 Property Type Vacant acreage Location NSN Bayshore Drive Nearest Community Seward, AK Legal Description Tract A-1, Harbor View Estates, Plat #97-26 Tax ID 14521005 USGS Quad Map Seward A-7 Latitude/Longitude 6007'59.15'N/149Q23'2.66"W Legal Description Tract A-1, Harbor View Estates Subdivision (Plat No. 97-26) Tax ID 14521005 Property Rights Fee simple or equivalent (where there are no documented subsurface resources and the probability of discovery is believed to be low, the market does not distinguish between the fee simple and the surface estates). Sale Data Grantor David Harr Grantee Andrew J. and Julie Wilder Sale Date July 26, 2016 Instrument SWD Document Number 2016-000772-0 Sale Price $185,000 Recorded Plat 97-26 Marketing Time Grantee contacted owner regarding potential sale via telephone Conditions of Sale No undue stimulus reported; arms -length transaction Financing Cash Sale History Sold for $150,000 on May 16, 2005, days on market NIA Verification Andrew J. Wilder (907-224-2092), March 08, 2018; Confirmed by George Mies Neighborhood Mixed -use rural neighborhood Land Data Access Undeveloped driveway (Bayshore Dr. right-of-way) just off Nash Road (paved) Topography Fairly level, wooded Soils Upland portion soils appear adequate Utilities Electricity available. Shape Irregular Zoning Unzoned- Outside of Seward City limits. Other Restrictions See Remarks Amenities None Present Use (At Sale) Vacant Highest and Best Use Mixed -use development Intended Use Hold for future development Assessed $ (At Sale) $106,300 Land Size Information Gross Land Size 39.780 Acres or 1,732,817 SF Indicators Sale Price/Acre $4,651 Remarks About 1/3 of the parcel is within the 100-year Flood zone of the Resurrection Rive. Development in the flood zone is allowable but subject to the Kenai Peninsula Borough Floodplain Development Ordinance (21.06) which requires a development permit for all structures and all other development "including fill and other activities." 73 162 4S. owl 164 LIMITING CONDITIONS A! ASSUMPTIONS This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. 5. All engineering studies (if any) are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 8. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. This appraisal report has been made with the following general limiting conditions: 1. Possession of this report, or a copy thereof, does not carry with it the right of publication. 2. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made, 3. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. Additional Assumptions and Limiting Conditions: 1. Any opinions of value provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in the report. 76 165 APPRAISER QUALIFICIATIONS Brian Z. Bethard, MAI State Certification No. 281 General Education Service High School, Anchorage, Alaska - Graduate 1989 The Colorado College, Colorado Springs, CO - Bachelor of Arts, Economics 1993 University of Alaska, Anchorage, Anchorage, AK - MBA 1996 Employment History Black -Smith, Bethard & Carlson, LLC - Managing Member — 2005 + Black -Smith and Richards, Inc. - Fee Appraiser -1995 to 2005 Randall, Hayes, and Henderson, Inc. - Fee Appraiser -1993 to 1995 Appraisal Courses/Seminars Taken Residential Case Study - University of Alaska Anchorage -1994 Uniform Residential Appraisal Report - Appraisal Institute - 1993 Standards of Professional Practice, Part A & B - Appraisal Institute - 1996 Advanced Sales Comparison & Cost Approaches - Appraisal Institute - 1997 Appraisal Principles & Procedures - Appraisal Institute -1998 Highest and Best Use Market Analysis - Appraisal Institute - 1998 Advanced Applications and Market Analysis - Appraisal Institute - 1998 Report Writing and Valuation Analysis -Appraisal Institute, 1998 Advanced Income Capitalization, Course 510 - Appraisal Institute - 2000 Intro to Statistics & Supporting Adjustments - Appraisal Institute - 2002 Market Studies for Affordable Housing - NH&RA - 2002 Standards of Professional Practice - Appraisal Institute — 2002/03/04/05/07/09/11/13/15 Subdivision Analysis - Appraisal Institute — 2004115 Rates & Ratios —Appraisal Institute— 2005 Principles of Real Estate Law— IRWA— 2005 Skills of Expert Testimony — IRWA — 2006 Analyzing Distressed Real Estate — Al — 2006 Condemnation Appraising — Al — 2007 Appraisal Challenges in Declining Markets — At, 2009 Forecasting Revenue — Al, 2009 USPAP Update — At, 2011 Yellow Book — Al, 2011 Appraisal Curriculum, General — Al, 2011 Real Estate Financing, Statistics & Value Modeling — Al, 2013 Appraisal of Limited Service Hotels — Al, 2015 Certifications Alaska State Certification: General Real Estate Appraiser #281 Affiliations Member Appraisal Institute (Member No. 11857) President: Alaska Chapter Appraisal Institute — 2005 & 2006 Vice Pres: Alaska Chapter Appraisal Institute - 2004 77 166 W.- 167 Typical Clients Cook Inlet Housing Authority Northrim Bank Alaska Housing Finance Corp. HDR Engineering The Municipality or Anchorage The City of Valdez Alaska Industrial Development & Export Authority Wells Fargo Bank Key Bank State of Alaska Department of Natural Resources First National Bank Alaska Alaska First Bank Denali Alaska Credit Union Department of Justice lkensa #7 APRG281 Effective. 6=021 Eapiros. o6r3wSZ3 Aooraisal Assilanrrtents Various Multifamily, Land and Special Purpose Attwood Building Rent Study, Anch., AK Kenai Senior Housing Market Study, Kenai, AK Highlands Luxury Apartments, Anch., AK The Veco Building, Anch, AK City of Valdez Assessment, Valdez, AK Charter North Hospital, Anch„ AK McKay Building, Anch., AK Alaska DOT Building, Juneau, AK Alyeska Pipeline Appraisal, Prudhoe - Valdez 15th Avenue Extension ROW Project, Anch., AK Saint Paul Health Clinic, St Paul, AK Residential Mortgage Building, Anch., AK Sprucewood Housing, 300 Units Eielson AFB State of Alaska Department of Commerce. Community, and Economic Development Division of Corporations, Business, and Professional licensing Board of Certified Real Estate Appraisers Licensee: BRIAN ZANE BETHARD License Type: Certified General Real Estate Appraiser Status, Active Commissioner. Julie Anderson 79 168 General Education University of Alaska Anchorage, Bachelor of Arts, Journalism Public Communications, Minor Business, 2004 Service High School, Anchorage, Alaska — Graduate 1998 Appraisal Courses Taken Appraisal Institute- Basic Appraisal Principles; 1/2008 Appraisal Institute- General Appraiser Income Approach Part 1; 4/2008 Appraisal Institute- Uniform Standards of Professional Appraisal Practices; 11/2008 Appraisal Institute- Basic Appraisal Procedures; 3/2009 Appraisal Institute- General Appraiser Market Analysis and Highest & Best Use; 3/2010 Appraisal Institute- General Appraiser Sales Comparison Approach; 6/2010 Appraisal Institute- General Appraiser Site Valuation and Cost Approach; 6/2010 Appraisal Institute- General Appraiser Report Writing and Case Studies; 10/2010 Appraisal Institute- Real Estate Finance, Statistics and Valuation; 5/2011 Appraisal Institute- Income Valuation of Small, Mixed -Use Properties; 12/2012 IRWA- Principles of Real Estate Law; 12/2012 ASFMRA- Income Approach for General Appraisers; 4/2013 Appraisal Institute- Litigation Appraising: Specialized Topics and Applications; 3/2015 Appraisal Institute- National USPAP 7-hour Update; 4/2015 Appraisal Institute- National USPAP 7-hour Update; 4/2017 Appraisal Institute- Residential and Commercial Valuation of Solar; 512017 Appraisal Institute- Eminent Domain and Condemnation; 6/2017 Appraisal Institute- Uniform Appraisal Standards for Federal Land Acquisitions: Practical Applications; 4/2018 Appraisal Institute- How Tenants Create or Destroy Value: Leasehold Valuations and its Impact on Value; 5/2019 Appraisal Institute- National USPAP 7-hour Update; 6/2019 Appraisal Institute- Small Hotel/ Motel Valuation; 6/2021 Appraisal Institute- Cool Tools: New Technology for Real Estate Appraisers; 612021 Appraisal Institute- Subdivision Valuation; 6/2021 Appraisal institute- National USPAP 7-hour Update; 6/2021 Certifications Alaska State Certification: General Real Estate Appraiser #970 Business Experience Black -Smith, Bethard and Carlson, LLC, Appraiser, October 2006 + Licensed Real Estate Agent, Alaska, December 2005 Lfcenm dive 7202t State of Alaska Elfa�sne 6122R021 Erpns. 0 3=123 Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Board of Certified Real Estate Appraisers Licensee: RYAN T MCGILLIVRAY License Type: Certified General Real Estate Appraiser Status: Active 169 Lm 0 � ,w W M L. n^ O O W a ak U. ■ T Y� � AMA Yf m E M M ■ L L U. rL V a `rLt CO in IC "D [- 00 = 00 ON 01 C O - - N N r 'Y cn 'T w) �D LLJ o f ; O J O cs on o Z c w O :. z W cn yv•� 0 4 Ecn Q s O A a, c4 a o z O" m Z F- c C• v) IM to y u cn M 'a tV u 73 N ^G U c. +' -0 v to to C u ,> G NU. _G •Cfl C.C. 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Resolution 2022-031 Documents: • Agenda Statement • Resolution 2021-031 • Attachments: o Appraisal FMV of Parcel #�C2^ 1^ o Letter to Acquire 54857 Seward AP Pcl.5 o Brochure of Real Property for Federal and Federal Aid Programs This document was added as new information for the June 13, 2022 city council meeting agenda packet. City Council Agenda Statement Meeting Date: March 14, 2022 To: City Council From: Janette Bower, City Manager Seward Airport #5, a Portion of Parcel Agenda Item: Resolution 202 - 31: Authorizing the Sale of Parcel#14502419 containing 25.395 Acres to e State of Alaska Department of Transportation and Public Facilities for the Improvement Project No. Z548570000 for the Fair Market Value (FMV) That Has Been Determined to be $2,000 Background and justification' #5, a portion of Parcel and the E1/2 of Section 3 within The City of Seward owns the submerged property on Parcel# 502419 that consist of 25.395 acres adjacent to the Seward Airport. This property consists of only Idelands/submerged lands that have no improvements. It is located in the fir 1/2 of Section 2, Townshipx 1 South, Range 1 West, Seward Meridian, _wd }"_* ^^"}m^^ '^�'t6C .i �e6l:ien �, Terynship, 1 14814ge w ,.i 61 serve as a runway protection zone for the new 3300' Runway 16-34 improvements and reserve property for lengthening RW 16-34 to 4000' in the future per planning documents. The State of Alaska Department of Transportation is requesting to acquire Parcel 5 toV RW *. The improvement project No. Z548570000 includes reconstruction of *"�mstmpgRunway 16-34 placing erosion control measures, reconfiguring taxiways and installing new pavement, lighting, markings, and fencing. Parcel #5'�n is appraised at the Fair Market Value of $2,000. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.4.3 Improve the usability of the state-owned airport. Strategic Plan: Improve the State Airport Other: 01000-0000-4610 Surplus Land Sale Revenue account. Certification of Funds Total amount of funds listed in this legislation: $ 2,000 This legislation (✓): X Creates revenue in the amount of: $ 2,000 Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: 186 This document was added as new information for the June 13, 2022 city council meeting agenda packet. March 14, 2022 Resolution 2022-031 Airport ROW acquisition DOT&PF: Thank you for reviewing and commenting on the documents. Our responses are in blue. We had advised the City of some changes that because of Dear Council and Administration schedules couldn't make it into the documents before the March 14th meeting. Further comments have been provided and should be incorporated going forward. I am sorry that y more lengthy comments n the Airport ROW acquisition Resolution sat in my Draft box until 5:30 pm. You should have received them by now for future reference. Are there additional comments we are unaware of? There are many significant errors in this Resolution. The sale of public land is a very important action that should be clear and accurate. The intent, parcel, description, maps, quit claim deed, and other important documents are inaccurate, confusing, and misleading. Comments regarding the parcel description have been provided to the City of Seward to incorporate into the resolution. It has been adjusted but may vary between documents. The other documents are standard documents for this type of sale. The Agenda statement on page 136 refers to the sale of Parcel #14502419 for improving the airport including reconstruction of the existing two runways, placing erosion control measures, widening the taxiway, and installing new lighting, markings, and fencing, none of which apply to this ROW acquisition. Comments regarding the need for Parcel #5 acquisition have been provided to the City of Seward to incorporate into the resolution. The Resolution should refer to the acquisition of Parcel 5 and the purpose which is ROW acquisition to protect the aircraft approach to the new runway. Yes, Parcel 5 is being acquired for the approach and/or the Runway Protection Zone (RPZ). (The approach and RPZ overlap so either or both can be stated wherever they are mentioned.) For example, on Page 136, the Background and Justification should be replaced with an accurate description and intent: "The City of Seward owns Parcel #14502419 which contains approximately 1000 acres of tidelands/submerged lands at the north end of Resurrection Bay. The State of Alaska Department of Transportation (ADOT) is requesting purchase of 25.395 acres, described as Parcel 5 in the Seward Airport Improvement Project Replat, as a ROW acquisition to protect the aircraft approach to the new runway. Parcel 5 is appraised at the Fair Market Value (FMV) of $2000.00." Comments regarding the description and the background and justification have been provided to the City of Seward to incorporate into the resolution packet. "The property consists only of tidelands/submerged lands that have no improvements. It is located due south of the airport property bounded to the west by the Alaska Railroad Terminal Reserve in Seward. T IN and IS R 1W Section 34 and 3 Seward Meridian SW." Comments regarding the background and justification have been provided to the City of Seward to incorporate into the resolution packet. In addition, the parcel is unzoned. Should it be rezoned to Industrial during this process? IF there are section lines bisecting the property, as noted by the appraiser, should they be vacated? Zoning is probably not needed as the property will become a permanent part of the airport. The section lines in Parcel 5 did not affect the valuation. City of Seward please respond to the question of rezoning. `By, This document was added as new information for the June 13, 2022 city council meeting agenda packet. I urge Council to postpone this to the next meeting so that these important corrections to the documents can be made before our public asset is sold. Best, Carol Griswold Inside city limits Note: Parcel 5 is part of the Seward Airport Improvement Project Replat which should be part of this packet. The City of Seward compiled this packet. City of Seward please add the acquisition plat to the resolution packet as you see fit. Suggested changes: Page 135: Change Attachments, Appraisal FMV of "Parcel #14502419" to "Parcel 5". Comment to change this to Parcel #5 has been provided to the City of Seward to incorporate into the resolution packet. Page 136: Change Agenda Item: Resolution 2022-031: Authorizing the Sale of "Parcel #14502419" to "Parcel 5"... Change ..."in Improving the Seward Airport" to "for ROW acquisition to protect the aircraft approach to the runway. Parcel 5 contains 25.395 acres and is appraised at the Fair Market Value (FMV) of $2000.00." Comments regarding the need for Parcel #5 acquisition have been provided to the City of Seward to incorporate into the resolution packet. As noted above on page 136, the Background and Justification should be replaced with an accurate description and intent: "The City of Seward owns Parcel #14502419 which contains approximately 1000 acres of tidelands/submerged lands at the north end of Resurrection Bay. The State of Alaska Department of Transportation (ADOT) is requesting purchase of 25.395 acres, described as Parcel 5 in the Seward Airport Improvement Project Replat, as a ROW acquisition to protect the aircraft approach to the new runway. Parcel 5 is appraised at the Fair Market Value (FMV) of $2000.00." Comments regarding the background and justification have been provided to the City of Seward to incorporate into the resolution packet. "The property consists only of tidelands/submerged lands that have no improvements. It is located due south of the airport property bounded to the west by the Alaska Railroad Terminal Reserve in Seward, T IN and IS R 1W Section 34 and 3 Seward Meridian SW." (Get correct complete legal description. The one provided is not accurate). Comments regarding the property description and background and justification have been provided to the City of Seward to incorporate into the resolution packet. Seward Airport Improvement Project Page 138 and 139: Resolution 2022-031 Airport ROW acquisition According to the DOT Right of Way Agent on page 140, this is a ROW acquisition to protect the aircraft approach which extends from the bay to the new runway, but the Resolution does not specify this anywhere (see above corrections.) Comments regarding the need for the Parcel #5 acquisition have been provided to the City of Seward to incorporate into the resolution. 183 This document was added as new information for the June 13, 2022 city council meeting agenda packet. First paragraph of the Resolution: Parcel 1452419 contains approximately 1000 acres. This Resolution should authorize the sale of 25.395 acres of Parcel #1452419, not the whole parcel. Comment to change this to Parcel #5 has been provided to the City of Seward to incorporate into the resolution packet. First Whereas: Parcel 5 is part of Parcel 1452419 as per a replat of this larger parcel. According to the KPB Parcel Viewer, Parcel 5 is bounded to the west by the Alaska Railroad Terminal Reserve in Seward, T IN and IS R 1W Section 34 and 3 Seward Meridian SW, not Parcels B and C, US Survey 9000. The DOT map on page 141 differs from the KPB information. Comments regarding the parcel description have been provided to the City of Seward to incorporate into the resolution. Second Whereas: change "Parcel 14502149" to "Parcel 5", is "a rectangular parcel south of and adjacent to the airport property", and correct "consist" to "consists". Comment to change this to Parcel #5 has been provided to the City of Seward to incorporate into the resolution packet. Third Whereas and Section 3: This ROW acquisition involves tidelands/submerged lands for aircraft approach and departure. The DOT will NOT utilize the property for the purpose of improvements and reconstruction of the existing two runways, place erosion control measures, widening of the taxi way and installing new lighting, markings, and fencing. Delete and correct. Comments regarding the need for Parcel #5 acquisition have been provided to the City of Seward to incorporate into the resolution. Page 144 Quit Claim Deed: According to the KPB Parcel Viewer, Parcel 5 is bounded to the west by the Alaska Railroad Terminal Reserve in Seward, T IN and IS R 1W Section 34 and 3 Seward Meridian SW, not Parcels B and C, US Survey 9000. The DOT map on page 141 differs from the KPB information. The Alaska Tideland Survey 174 does not show up on the KPB Parcel Viewer site or DNR state tidelands survey as it was granted to the city as Parcel 1452419. The Quit Claim Deed has been adjusted and provided to the City of Seward to incorporate into the resolution packet. Page 146 DOT sheet 1 of 3 has many errors, apparently based on an outdated map. The Seward Highway is not Lot 2 or 4 USS 9000. Lot 3 USS 9000 is now Parcel 14502517, Alaska Railroad Terminal Reserve in Seward. There is no Parcel B or C, or Lot 9 USS 9000, USS 149, or ATS 174 where shown. The appraisal company used this same outdated map, page 169 and 170. No change required. Tax ID numbers do not supplant parcel descriptions. Page 181 The appraiser used an even older map to show the subject, indicated by a vague, misplaced arrow. This map could predate the 1964 earthquake as the river is far to the east, roads are indicated where none exist now, and new roads are non-existent. This does not materially affect the appraisal. Page 184: Easements: The title report indicated section lines bisect the subject. I believe the section lines do not intersect Parcel 5. However, if there are section lines present, they should be vacated as part of the plat as they permit public access. The section line easements do not need to be vacated. Page 184: Zoning. "The site is unzoned." The adjacent airport property and railroad property are zoned Industrial. Should this —25-acre Parcel 5 be zoned Industrial as part of this process? Zoning is probably not needed as the property will become a permanent part of the airport. Section lines in Parcel 5 did not affect the valuation. City of Seward please respond to the question of rezoning. 184 This document was added as new information for the June 13, 2022 city council meeting agenda packet. BELOW: The appraiser is stating a determination of similarity between the relative values of zoning on the properties. This property is unzoned, while the comparables' zoning is not very restrictive. He determined that since the comparables retain nearly all of their use potential, a lack of zoning was of approximately the same value economically. "Unzoned is classified as "light, heavy or industrial park land uses, and utility transportation land uses." What is the source for this definition? Page 184 and 189: Suitability: Appraiser did not consider Conservation as a suitable use. This is a rich tidelands that sustains wildlife, especially birds and intertidal life. For those that live there, and those who appreciate them, this parcel is priceless. Standard appraisal methodology is limited to analysis of the economic potential of a parcel. Page 188: Comparison Report is wildly out of date, unless this is a shed sales report. The average days on market is the minimum of 5 and house prices have skyrocketed to over twice assessed value. DOT&PF has reviewed and approved the use of this appraisal. Page 189-245 Did not preview. Is appraiser paid per page? The appraiser is not paid per page. `M Seward Recording Aistrict This docum`''M was added as new information for the June 13, 2022 city council meeting agenda -packet. June 6, 1967 Re: Seward Airport -Lands FAAP No. 9-50-003003;q� j State of Alaska JwcHo?.sr ; Department of Public Works ( Division of Aviation b= JUN 2 131 4510 International Airport Road `� ,••., Anchorage, Alaska 99502 o70 �yArD1V j Gentlemen: �iv In reference to the above, the City of Seward, being vested • with title to the tide and submerged lands encompassed within Alaska Tide- lands Survey No. 174, does hereby grant a Perpetual Easement to airspace in conformity with Federal Aviation Agency criteria, over the following i described tide and submerged lands to the State of Alaska, Department of i Public Works, Division of Aviation, its successors or assigns, for the j purpose of its having exclusive control, use and jurisdiction thereof. ' Said permit shall commence on the date here above inscribed, and shall include the following described property: ' Beginning at the northwest corner of the tract herein described also designated as Corner No. 1, whence the Seward East Base U.S.C. and G. S. Triangulation Station bears N 12°53'E at a distance of 969.97 feet; thence N 83°27'45"E, 456.43 feet to Ccrn e r No. 2; thence S 70°32'20"E, 461.93 feet to Corner No. 3;'thence N 80°12'45"E, 22.40 feet to Corner No. 4; thence S 39"35'E, 430.39 feet to Corner No. 5; thence S 10'00'W, 1,363.58 feet to Corner No. 6; thence N 28009'W, 2,010.54 feet to Corner No. 10 the place of beginning containing 23.594 acres of land more or less. No growth or structures shall be permitted into said airspace area, and should there be an intrusion of this area by structures or growth, the Division of Aviation will have a right of ingress and egress to and from the land or waters beneath said airspace, and to take such steps necessary to remove the obstruction, or obstructions. i A certified copy of the Resolution, adopted by the City Council authorizing and directing the Mayor to issue this permit is enclosed. Vr: Very truly yours, f •; ATTEST,: THE CITX ;OF-5Et Y// •7 ���,� J . • ,••`! /,.�G� (. C!'Ctr �' C f C/C..�i : Bj�.f C n3 Beatrice" E.>Z)atts " (Mayor) E. G. Skinner i ;:;City Clerk-.T�easurer Mayor , ., .�� Enclosure ' F L;,.Kester L. tts, City Manager e r ' 186 i Sc:i:,l l�o.�--c�'.i !•� ... Scsv.lrr] IiucLP �(� :r C7 � .� district I This document was added as new informatio8AykUe 13, 2022 city council meeting agenda packet. 0 1 L _ I I, Beatrice E. Watts, being first duly sworn, do hereby certify ` that I am the duly appointed and acting City Clerk -Treasurer of The City of Seward, Alaska, and that the attached copy of Resolution No. 613 authorizing a Perpetual Easement for airspace over certain City tidelands therein described under the conditions therein con= I tained, to the State of Alaska, Department of Public Works, Division of Aviation, is a true, correct and complete copy of , said Resolution as passed and approved by the City Council of The City of Seward, Alaska on the Sth day of June, 1967. I In Witness Whereof I have hereunto set my hand and the seal of Seward, Alaska, this 22nd day of June, 1967. C _ V � , h i • Beatrice E. Watts City Clerk -Treasurer •''' i� �nl �.:.; r<'� 1.`� Fly, ;•,�':, �NC�fO;SCE •4~SKA ,� 1 A G 1967 p �v� ►: � r�tnay 187 This document was added as, ow ii7foxn�at�r}�f�r the June 1 ,.20� city council meeting V�r N.pack 1 R E S O L U T I O N �Q. L /.3 I. i� A resolution authorizing a Perpetual Easement to be li granted to the State of Alaska, Department of Public Works, i` Division of Aviation, for its exclusive control, use, and juris- i L diction to airspace in conformity with Federal Aviation Agency criteria, over certain tidelands and submerged lands situated within Alaska Tidelands Survey No. 174, patented to the City of Seward. Said Perpetual Easement to be determinable only upon abandonment of the Northwest/Southeast Runway by the Grantee, its successors or assigns. . Be it resolved by the City of Seward, Alaska, that: WHEREAS, the City of Seward and its environs has been provided with an extension to said Northwest/Southeast Runway in the direction of Resurrection Bay, and WHEREAS, the State of Alaska, Department of Public Works i t Division of Aviation, -did construct said extension and . i, 7 WHEREAS, the'City of Seward has received title to the tidelands and submerged lands encompassed within�AT$ 174, under Ars is Patent No. 168 from the State of Alaska, and i! WHEREAS, the Division of Aviation, before obtaining is Federal Aid for construction of said extension must have exclusiv control, use, and jurisdiction to airspace, meeting Federal Aviation Agency criteria described in Paragraph 1 above, over the tide and submerged lands immediately to the south of said I - ; �c _ .. e.J ALA we This document was added as new information for the June 0,'20-- 2 city council meeting agenda packet -2- ,1 runway for the protection of the approach and departure zone to :1 said runway, and further described as follows; • �; Beginning at the northwest corner of the ,r tract herein described, also designated as Corner No. 1, whence the Seward East Base U.S.C. and G.S. Triangulation Station bears N 12053' E at a E o 0 CJ distance of 969.97 feet; thence N 83 27145" E, 456.43 feet to Corner No. 2; thence S 70032120" E, 461.93 feet to Corner No. 3; thence N 80012'45" E, 22.40 feet to Corner No. 4; thence S 39035' E, 430.39 feet to Corner No. 5; thence S 10000, W, 1,363.58 feet to Corner No. 6; thence N 28009' W, 2,010.54 feet to Corner No. 1, the place of beginning containing 23.594 acres of land, more or less. FURTHER, should the City of Seward acquire additional 0 tide and submerged lands now under application with the Alaska Division of Lands, it will convey airspace above said tide and i• , submerged lands in accordance with Federal Aviation Agency criteria referred to above. f' FURTHER, no growth or structures shall be permitted into 1� said airspace area except to the extent not inconsistent with ;i Federal Aviation Agency criteria now existing or which may ;t hereafter be duly adopted by the said agency from time to time, and should there be an intrusion of this area inconsistent with such criteria by structures or growth, the Division of Aviation will have a right of ingress and egress to and from the land or waters beneath such airspace, and to take such steps necessary to cause their conformity to such criteria or, •if necessary, ;; remove such structures or growth. 0 1 I; n I' I'. it ? 1'89 ; .I A c C. This document was ac Ided as new information for the June 1 f,-2022 city; coUcil meeting agenda p-, it -3- 0 n U • • NOW THEREFORE, it is hereby resolved that the City of 4 Seward, Alaska, grant a Perpetual Easement to the State of Alaska jDepartment of Public Works, Division of Aviation, to give it exclusive control, use and jurisdiction to the above -described i airspace determinable only by abandonment of said Northwest/ j Southeast Runway, by the Grantee, its successors, or assigns; I and the Mayor is'hereby authorized and directed to sign such Perpetual Easement on behalf of the City, except that this j Perpetual Easement shall not be construed to prohibit the use or i ioccupancy of, including improvements within, airspace above the premises described herein consistent with Federal Aviation ,I clearance criteria now existing or which may hereafter -be duly I° adopted by the said agency, from time to time, provided that all ;j such improvements shall be erected without risk to the State of Alaska, its Division of Lands, the Federal Aviation Agency, or their successors and assigns, in the event that such improvements shall fail to meet clearance criteria in existence at the time of such construction or subsequently adopted, it being the intent hereof that the'Divison of Aviation in causing such structures or improvements to conform to Federal Aviation Agency criteria, or when necessary, in removing such structures, shall incur no liability by reason thereof. The Mayor is also authorized and directed to issue a letter of intent to the'Division of Aviation in conformity herewith. 190. i� . C This document was a4ded as new information for the JtT'nv I3;.2Q22.;ci6�o ncil meeting agenda pa ket'" -4- PASSED and APPROVED this 5th day of June 19 67 , by a vote of five ayes and no nays. p • i 1 i ii ..ATTEST APPROVAL: CITY OF SEWARD } •moo � � i ,1 `,' li :: il,.;' J• , • � � '�� � I I By-, ". .t;City Clerk y• Vice Mayor Beitri'ce E. Watts E. G. Skinner . � k 1 ; . i 1 • I r r r ,a • I ,r } 191 This -71�2752 END RLIN W11 Y 2XI- 7-ri'?nyal.7rion docu nent was adde as new inttr=att"r the J13 13,2. 2 city council meeting agenda . p( Is- Iail CPR - 73 -AO.-I Control 5L1,-f<7cc J. Clearance FeV ICA, 21 as 1/ 33 S74,4C. 31 07 -1 07 5 105 85, A107iE ' FAA. clearance criteria respires above the lbdic'eted control s&r&c4; be kept T'rec'. .and clear 'a obstructions and 'than road grades behalat -5,? . /t.acz AT'-4clow the control LANDS OF 711C CY 7',V' OF 5eVIA RD A A --- !A ki 7:1 :.3 5 RE 00- DED - FILED CN \.Cqs R-jC. DIST. CATS 191 _7 TIML-3 R.qjwcd bY AJ,ii.11 Ian 'o- r,= 0* F -ALAS XA LO This document was added as new information for the June 13, 2022 city council meeting agenda packet. Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-XXX A Resolution of the City Council of the City of Seward, Alaska, Authorizing the Sale of Parcel #5, a Portion of Parcel #14502419 Containing 25.395 Acres to the State of Alaska Department of Transportation and Public Facilities for the Seward Airport Improvement Project NO. Z548570000 in improving the Seward Airport for the Fair Market Value (FMV) that has been Determined to be $2,000.00 WHEREAS, the City has possession of parcel #14502419, fffs-e-a portion of which is known as Parcel 5, located in the Wes'/z of Section 2 and the E1/z of Section 3 within, Township; 1 South, Range 1 West, Seward Meridian, and t4at raFti ,,, ',,eated in Seet a 3 U.S. Sttf:vey ; and WHEREAS, the property Pparcel # ^�f?5; is an irregularly shaped area that consists of 25.395 acres (1,106,206 sq ft) that consist only of tidelands/submerged lands that have no improvements; and WHEREAS, the Alaska Department of Transportation and Public Facilities wants to acquire the parcel for improvement project No. Z548570000, which includes shifting and lengthening Runway 16-34, iplacing erosion control measures,—ireconfiguring taxiways, ftFA—installing new pavement, lighting, markings, and fencing; and acquiring �property for protection of aircraft approaches, runway protection zones, object free zones, and future runway expansion, and WHEREAS, the Alaska Department of Transportation plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from flooding, and to make Runway 16-34 suitable for the FAA approved critical aircraft as -they close RW 13- 31 due to flood risk; and WHEREAS, the fair market value (FMV) for the Parcel 91 ^�15 is determined to be $2,000, according an August 31,2021 appraisal by Black -Smith, Bethard & Carlson, LLC; and WHEREAS, the City Code §7.05.610 provides, should the city decide to dispose of interest in any tide or submerged land, the city shall grant to the owner of upland property adjacent to said tide and submerged land a first preference to acquire said interest over other applicants/bidders. The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference. The upland owner shall then have 90 days to exercise this preference under this section. If the preference is not exercised by the upland owner, then the city may dispose of the tide and submerged land to others. It shall not 193 This document was added as new information for the June 13, 2022 city council meeting agenda packet. CITY OF SEWARD, ALASKA RESOLUTION 2022-XXX be required that the city offer its tide and submerged lands for disposal should the city determine that it is not in its best interests to dispose of such land. The city may itself make such use of its tide and submerged lands as it may consider in the public interest without offering the tide and submerged lands to others; and WHEREAS, the upland property and property to the North are owned by the State of Alaska, rendering the code requirements of notice to the upland property owner unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council determined by City Code §7.05.610, Article 5. Tidelands. That the relevant regulations implement, interpret, and apply the provisions of the Alaska Land Act concerning use and disposal of tide and submerged lands and related matters and extended to and include applicable provisions of Public Law 85-303(Ord 92-05). Section 2. The Seward City Council authorizes disposal of Parcel 91 ^4195, located in the East West '/z of Section 2 and the E1/z of Section 3 within, Township, 1 South, Range 1 West, Seward Meridian , Seward, Me-idia and betmded o the «rest by Par -eels B and r U.S. Stff ey 9000 to the State of Alaska Department of Transportation and Public Facilities for $2,000.00 Section 3. The City of Seward finds it to be in the public interest to sell this p arcel #5 in accordance with the City Code § 7.05, Article 5. The State of Alaska, Department of Transportation will utilize the property for the purpose of serving as a runway protection zone for RW 16-34 improvements and reserving property for the eventual lengthening of RW 16-34 to 4000' per planning documents. Section 4: The revenue for the sale of the Parcel it' ^ cn2^ 1 ° 5 containing 25.395 Acres in the amount of $2,000.00 is hereby accepted to 01000-0000-4610 Surplus Land Sale Revenue account no. Section 5. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of March 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 194 This document was added as new information for the June 13, 2022 city council meeting agenda packet. CITY OF SEWARD, ALASKA RESOLUTION 2022-XXX AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) M11 This document was added as new information for the June 13, 2022 city council meeting agenda packet. DOT&PF Responses to City of Seward Questions about Parcel 5 (May 2022): The City Council recently requested additional information on four matters relating to DOT&PF's purchase of City owned tidelands (Parcel 5) for the Seward Airport Improvements project: • How was the City owned parcel valued? • Was the same comparable sales information used to value upland parcels and City owned tidelands? • Will public access be restricted due to the project? • Will DOT&PF convey the former M&O facility located in Seward to the City in exchange for the 25 acres of tidelands? Background The State of Alaska transferred a portion of the bed of Resurrection Bay to the City of Seward shortly after statehood to better enable City growth and to allow the City to resolve private tideland use that predated statehood. Lands in question are located entirely below the mean high water line (i.e. are tide and submerged lands, hereafter "city tidelands"). DOT&PF proposes to purchase 25.395 acres of this City owned land. Ownership will enable DOT&PF to ensure compliance with FAA regulations that require that the airspace at the end of the rebuilt runway not be compromised by the construction of any structures (f.ex. docks, buildings on pilings, etc.) that could otherwise be built within the parcel. Sale will also provide DOT&PF with the land necessary for a future runway extension project that has been requested by the City. Valuation of City tidelands as a percentage of uplands The appraiser applied a 25% upland value to City tidelands when he determined that tide and submerged lands were valued at $75 an acre. Per the appraisal report (copied here with minor edits for readability in excerpt): TIDELANDS/SUBMERGED LANDS RATIO ANALYSIS AS 38.05.965(23) defines "tidelands" as land that is "periodically covered by tidal water between the elevation of mean high water and mean low water." AS 38.05.965(22) defines "submerged land" as land that is "covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may hereafter by property claimed by the state". With few exceptions, there is no competitive market for submerged lands or tidelands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. The utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands. On that basis, the market generally recognizes that the value of tidelands/submerged lands is a fraction of the upland value. For example; the City of Kenai recognizes their tideland values at 25% of the upland values. The City of Valdez recognizes ratios from 20% to 30%. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific ports/harbors. I relied on ratios measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is in the Addenda. Briefly, the factors range from 9% to 31% but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them ... ... Nevertheless, the data is helpful in establishing a range and developing measures of central tendency; a median of 25% and a mean (average) of 23% ... ... Acknowledging the nature of ratio development and distinguishing between tidelands and submerged lands, I applied 25% in the following calculations: IKV, This document was added as new information for the June 13, 2022 city council meeting agenda packet. Allocation of adjacent upland value to the waterfront acreage $300/acre Submerged land value as a percentage of the adjacent uplands x 25% Indicated unit value for submerged lands $75/acre Use of the same comparables for upland and City tideland properties DOT&PF staff confirm that the appraiser used the same comparable sales for the appraisal of uplands and City tideland properties. Public access to tide and submerged lands City lands proposed for sale are subject to the Public Trust Doctrine and so carry a right of use for navigation and related public purposes. DOT&PF ownership of the parcel will not change the Public Trust Doctrine; the public will have a right to navigate on the water and to walk on the exposed tidelands at low tide. However the Public Trust Doctrine does not extend to facilities constructed on tidelands, so access on, over or within improvements (f.ex. physical runway improvements, etc) that may be built at a future date as requested by the City may be restricted. Other DOT&PF airports located adjacent to the ocean are managed in a similar way (Adak, Dutch Harbor, Anchorage International, etc). Please note that the City has previously sold and developed City owned tidelands as DOT&PF proposes now; this includes much of ARRC's port, all of the City's small boat harbor and most privately owned lots located between Port Avenue and Van Buren Street. A similar scenario is found in the City's harbor; the public may navigate a boat around the dock slips, but that right does not extend to access within City owned buildings constructed on filed tidelands. The public trust doctrine does not extended to uplands. DOT&PF, ARRC and/or private parties have owned land above the mean high tide line at the airport since 1909. No provision exists for general public use or access within upland airport lands that extend to the tidelands, and any such use that may occur is a significant safety concern for airport operations. Exchange the former M&O facility located in Seward for Parcel 5 DOT&PF is open to restarting the conversation with City of Seward regarding conveyance of the former M&O site; however, we request that transaction be handled separately from the Seward Airport Improvements project. Both the history of the former M&O site and the transaction are likely to be complex, and so it would be best to keep the transactions separate to avoid delaying the airport project further. IRN This document was added as new information for the June 13, 2022 city council meeting agenda packet. STATE OF ALASKA o�&roe�o DEPARTMENT OF TRANSPORTATION PROJECT NAME: SEWARD AIRPORT AND PUBLIC FACILITIES IMPROVEMENTS STATE PROJECT #: Z548570000 OF sr P QUITCLAIM DEED FEDERAL -AID PROJECT#: PARCEL #: 5 UNIT #: The GRANTOR, CITY OF SEWARD, whose mailing address is P.O. Box 167, Seward, Alaska 99664- 0524, for and in consideration of Ten Dollars ($10.00), and other valuable consideration, in hand paid, conveys and quitclaims to the GRANTEE, STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, whose mailing address is P.O. Box 196900, Anchorage, Alaska 99519-6900, all rights, title, and interest, if any, which it has or may hereinafter acquire in the following -described real estate located in the State of Alaska: That part of.: The west half of Section 2 and the east half of Section 3, both of Township 1 South, Range 1 West, Seward Meridian, Further described as a portion of Alaska Tideland Survey 174, according to Plat S-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; which lies within the right-of-way lines of Alaska Project No. Z548570000, delineated as to said tract of land on the plat attached hereto and made a part of this instrument and designated as Parcel No. 5. Said parcel, containing 25.395 AC (acres), more or less, is hereby granted to the State of Alaska. Dated this day of , 202_ Return to: State of Alaska DOT&PF ROW Engineering P.O. Box 196900 Anchorage, AK 99519-6900 State Business -No Charge City of Seward: By: Its: 25A-R640 (Rev 09/01/06) 54857/ $@guard Airport Improvements Page 1 of 5 This document was added as new information for the June 13, 2022 city council meeting agenda packet. CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ss Third Judicial District On this day of 202_ before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared , for City of Seward, the Grantor, known to me to be the identical person who executed the foregoing instrument and who acknowledged to me that they signed the same freely and voluntarily, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. [NOTARY SEAL] Notary Public in and for the State of Alaska My Commission Expires: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Grantee herein, acting by and through its Commissioner, hereby accepts for public purposes the real property, or interest therein, described in this instrument and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 202 25A-R640 (Rev 09/01/06) DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES For the Commissioner Page 2 of 5 199 This document was added as new information for the June 13, 2022 city council meeting agenda packet. RUNWAY USS 149 \ REMAINDER \ EAST 1 /2 00 \ USS 722 00 GOVT J LOT 4 O \ v �j LUI 3 USS 9000 .n - O "ATS 174 RM 19" I T1 N, R1 W s IV J T1 S, R1 W Al 1 1 "BAYEND 1964' 1 RMDR. �\ E USS 722 I _ 9 1 AIRPORT PARCELC BOUNDARY USS 9000 ATS 174 -- PARCEL 5 9 CIO SEE MHW LOT USS 9 G�rn SHEET. LINE N co T il o RIGHT-OF-WAY REQUIRED TS M, Y SEC.2&3 0 500 1000 2000 ® FOUND BRASS CAP <i SCALE IN FEET Y NOTE. ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Project No. Z548570000 I PAGE OF DATED 0 SHEET 1 OF 3 GROSS TAKE 25.395 AC± 3 NET TAKE 25.395 AC± DRAWN BY CES,KHE REMAIN LARGE DATE Feb 2021 PARCEL NO. 5 200 This document was added as new information for the June 13, 2022 city council meeting agenda packet. "BAYEND 1964" \ AIRPORT � BOUNDARY (P I UNSURVEYED TRACTI REMAINDER `W pnRrRi R USS 722 i i RESURRECTION BAY ATS 174 TISRMW S. M. SEC. 2&3 FOUND BRASS CAP ? i 0 150 300 600 AREA REMAINING SCALE IN FEET NOTE: ALL DISTANCES SHOWN RIGHT-OF-WAY REQUIRED ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Proiect No. Z548570000 PAGEOF DATED SHEET 2OF 3 GROSS TAKE NET TAKE DRAWN BY CES,KHE DATE Feb 2021 25.395 AC± 25.395 AC± REMAIN LARGE PARCEL NO. 5 04iy is document was added as new information for the June 13, 2022 city council meeting agenda packet. THIS PLAT MAY BE USED FOR THE ESTABLISHMENT OF THE RIGHT—OF—WAY BOUNDARY ONLY, AND SHOULD NOT BE USED AS A BASIS FOR ESTABLISHING ADJOINING PROPERTY LINES AND CORNERS. THIS SEAL IS FOR ALL WORK CONTAINED ON SHEETS 1 & 2 FOR PARCEL 5 49 TH * l ...................... .................... CRAIG OWEN RANSON •'� No.11798 VT' til%ROFESS10Nqbw O -. 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Because Seward does not currently have a community -wide compost system, their goal is to create a project called Seward Compost. This project is modeled after a similar pilot project in Juneau (Juneau Composts) which is already proving to be highly effective. It will allow residents, restaurants and businesses to opt -in to a compost bucket pickup route once a week. It will be available city-wide and on city owned land. It will work in a regenerated way by creating compost that can be sold to local farmers/gardeners for personal growing. It also lessens the impact of methane on our community and on a global scale. It will extend the life of our transfer and waste facility here in Seward. The proposed location for this is City Parcel Number 14403082 in the Forest Acres Subdivision located at 2617 Maple Street, also along Dieckgraeff Road. This location is located conveniently near the transfer station. The land will be maintained by the Seward Wilderness Collective. Usage of the property will include storage of a least one 48" long X 40" wide X 45" high in -vessel composting cube that will also be maintain by the Seward Wilderness Collective. This property is currently undeveloped and the Seward Wilderness Collective is the entity that will be clearing the proposed leased property for the use of it for the composting project. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.2 Natural Environment and Open Space — Protect our Ecosystem and Public Health, Encourage Education and Support for our Environment Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: X Has no fiscal impact OR Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Signature: Attorney Review,/ Administration Recommendation x Yes x Adopt Resolution Not applicable Other: Pitt, Sponsored by: Bower Public Hearing: May 23, 2022 Postponed: May 23, 2022 Public Hearing: June 13, 2022 CITY OF SEWARD, ALASKA RESOLUTION 2022-069 A Resolution Of The City Council Of The City Of Seward, Alaska, Approving The Lease For The Land Use Agreement Of Parcel #14403082 Located At 2617 Maple Street With Seward Wilderness Collective In Support Of Pilot Project: Seward Compost, And Authorizing The City Manager To Reduce Lease Payment Requirements For The Seward Wilderness Collective; Seward Compost WHEREAS, the City of Seward is entering into a ten year lease agreement, with the option to extend for one subsequent ten year term, with the Seward Wilderness Collective to utilize Parcel 14403082 located in Forest Acres Subdivision at 2617 Maple Street; and WHEREAS, Seward Wilderness Collective intends to minimize Seward's environmental impact through the creation of a composting system that models itself after natural ecosystems, where nothing goes to waste; and WHEREAS, the Seward Wilderness Collective will be providing the community with organic waste services that proposes a highly effective process that takes organic waste and then recycles it back into the land as enriched soil; and WHEREAS, the Seward Compost project is intended to assist in community wide efforts to create sustainable gardening and food security; and WHEREAS, the Seward Compost project will demonstrate the viability of community wide in -vessel composting and serves as an educational and outreach opportunity for the community; and WHEREAS, the Seward Wilderness Collective is providing this Seward Compost Project to benefit food security, community health and well-being, and outdoor activities; and, therefore it meets the criteria to not require an appraisal as required and described in Seward City Code 7.05.150; and WHEREAS, the Seward Compost project meets the definition of Seward City Code 7.05.160 such that "the public interest will be served by leasing the property for less than appraised value" due to the nature of the project as a benefit to the entire Seward community; and WHEREAS, Seward Wilderness Collective is searching for grants to help pay for startup cost of the program, and once the program is up and running, monthly subscriptions and sales from ►a` CITY OF SEWARD, ALASKA RESOLUTION 2022-069 the finished compost will sustain the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Manager is authorized to reduce lease payments for parcel 14403082 to the Seward Wilderness Collective for the purpose of operating the Seward Compost Project site that is an interest and benefit for the community. Section 2. This resolution shall take effect i .., did" e! tipe+i adeptiew thirty (30) days upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of June, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor City Clerk's Note: Leases of real property require a thirty day effective period; this resolution was corrected for the typographical error (see above). ►A`: Seward Wilderness Collective 328 3rd Ave Seward AK, 99664 DATE: 20th April 2022 SUBJECT: Land Usage and Lease Request for Seward Wilderness Collective Dear City of Seward, Seward Wilderness Collective is submitting a request for Land Usage and Lease in support of Pilot Project; Seward Compost. This project requests usage of parcel number 14403082, located in Forest Acres Subdivision at 2617 Maple street. The overall objective of this project is to demonstrate the viability of community wide composting and let it serve as an educational and outreach opportunity to Seward. Given the small-scale nature of the project, while it will generate income, it is not expected to be a fully-fledged business but rather a pilot project of Seward Wilderness Collective. Please see attached proposal for a detailed project description and land use proposal. SWC's target date for land use Clearance is Summer 2022 Thank you and please advise if you need additional information. Sincerely, Claire Marshalek Program Manager market@hikeseward.com PABI Attachment la Seward Wilderness Collective Pilot Project Proposal Seward Compost: A Community Composting Initiative Executive Summary Seward Wilderness Collective (SWC) is looking to stand as a model for community wide organic waste services. The overall objective of the Seward Compost project is to demonstrate the viability of community wide in -vessel composting and let it serve as an educational and outreach opportunity for the community. SWC proposes a highly effective process to take organic waste that would normally be discarded into landfills and recycle it back to the land as enriched soil. We want to minimize Seward's environmental impact through the creation of a composting system that models itself after natural ecosystems, where nothing goes to waste. Short Term: • Develop a pilot project that demonstrates the viability of composting for the Seward community • Raise local awareness of the value and opportunities of composting through education and public outreach Long Term: • Develop a large scale composting system, either in -vessel or low tunnel to accommodate significantly larger volumes of compost. • Use regional models for in -vessel (Haines, Sitka, and Gustavus) as guidance • Reduce the volume of waste that is transported to landfill • Reduce the environmental costs of waste, shipping, and landfilling • Utilize byproducts for local fertilizer, topsoil, and agriculture The Problem; Why should Seward Compost As a community, we feel the limited spaces available - the limits for development, construction, infrastructure, agriculture, and so many other facets of our community. Our landfill is no exception: as we continue to see increasing population and visitation, we will see it fill at a faster rate. While many towns and cities have turned the lens inward to ask how the life cycle of goods impacts the local inhabitants, we too must consider this. How can our landfill's life be extended? This is an economic question as much as an environmental one. One of the most potent greenhouse gases impacting our climate is released by landfills during the anaerobic decomposition of organic waste. The third -largest source of human -related methane emissions in the US is municipal solid waste IandfiIls.Greenhouse gas emissions from landfills can be greatly reduced by the diversion of organic waste. We must take every possible maneuver to avoid exacerbating the climatic trends that are already impacting northern latitudes PA El! Attachment la at a disproportionately high rate. By taking steps that have multiple beneficial outcomes for our community, we can commit to curb these dangerously potent emissions. The Solution; Community Compost Methane is created in anaerobic conditions; landfills harbor conditions where, without oxygen and water, microbes produce methane as a byproduct. Composting takes organic matter and adds oxygen and water, allowing bacteria and fungi to use carbon for energy and decompose organic wastes. In the presence of oxygen, microbes that produce methane are deactivated. 50% of municipal garbage we set out on the curb can be composted. Composting not only reduces methane emissions, it creates a product that fertilizes soil and allows plants to grow, which removes additional emissions from the atmosphere. In Seward's rocky, glacial soil, compost is a welcome fertilizer. Community composting and regenerative agriculture create an economy that nourishes and supports local community in the long term, reducing erosive farming techniques, topsoil degradation, and pollution. Composting allows waste to become a resource, closes the agricultural loop, and diverts materials from landfills. The Plan Seward, Alaska does not have a community -wide compost system. Our goal is to create a compost project that: • Allows Seward residents, restaurants, and businesses to opt -in to a compost bucket pickup route once a week. • Composts on a city-wide scale on city owned land. • Works in a regenerative way by creating compost that can be sold to local farmers/gardeners for growing. • Lessens the impact of methane on our community and on a global scale. • Extends the life of our transfer / waste facility here in Seward. The Model a) Community Based Support Participants pay a small monthly fee as part of the Seward Composts subscription. They receive a five -gallon bucket with a lid as well as a list of acceptable and unacceptable materials. Weekly, participants leave their buckets on the curb. In addition to the provided bucket, lawn clippings can be placed on the curb in a large paper bag. Seward Composts workers develop the most efficient route for compost collection, and sorting is done at the source. PAR Attachment la Each participant's compost is weighed weekly. Over time, we can use this data to calculate methane offsets, amount of materials diverted from landfills, and our net greenhouse gas offset for individuals and in total, using a tool such as StopWaste. b) Onsite Support Composting will occur on site with an in -vessel composting system. These systems allow climate and wildlife control. In- vessel composting systems take up minimal space and require little to no manipulation of the landscape. Oup proposed location for in -vessel composting is city parcel number 14403082, located in Forest Acres Subdivision at 2617 Maple street. The location is conveniently located near the transfer station. Usage of city land will include storage of at least one 48" long x 40" wide x 45" high in -vessel composting cube. Employees of Seward Wilderness Collective will maintain land and in -vessel composting cubes. Budget & Funding Seward Wilderness Collective will be searching for grants to help pay for the start up costs of the program. Kayak Adventure Worldwide (KAW) has pledged to match up to $1,000 in donations. KAW has also pledged to allow SWC to use their 16 passenger vans to transport the compost until SWC is able to purchase a vehicle. Once the program is up and running, monthly subscriptions and sales from the finished compost will sustain the program. Under the above model Seward Wilderness Collective hopes to gain land clearance and begin composting Summer 2022. Additional comments and questions can be directed to market@hikeseward.com PA12' Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download Corporations / Entity Details ENTITY DETAILS Name(s) Type Name Legal Name Seward Wilderness Collective Previous Legal Name Seward Wilderness Collective, L.L.C. Entity Type: Nonprofit Corporation Entity#: 10115501 Status: Good Standing AK Formed Date: 10/11/2019 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 7/2/2023 Entity Mailing Address: PO BOX 2249, SEWARD, AK 99664 Entity Physical Address: 328 3RD AVE, SEWARD, AK 99664 Registered Agent Agent Name: Hannah Lafleur Registered Mailing Address: PO BOX 2249, SEWARD, AK 99664 Registered Physical Address: 328 3RD AVE, SEWARD, AK 99664 Officials OShow Former AK Entity # Name Titles Owned CLAIRE MARSHALEK Director, Treasurer, Vice President Hannah Lafleur Director, Secretary 217 AK Entity # Name Titles Owned Trenton Gould Director, President Filed Documents Date Filed Type 10/11/2019 Creation Filing 10/11/2019 Initial Report 11/27/2020 Conversion 12/24/2020 Change of Officials 4/29/2021 Biennial Report Filing Certificate Click to View Click to View Click to View Click to View Click to View Click to View Click to View COPYRIGHT© STATE OF ALASKA -DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT PAR, LEASE AGREEMENT BETWEEN THE CITY OF SEWARD AND "SEWARD WILDERNESS COLLECTIVE." 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 SEWARD WILDERNESS COLLECTIVE. ("SEWARD WILDERNESS COLLECTIVE"), whose mailing address is 328 3rd Ave, Seward, Alaska 99664 (collectively "the Parties"). WHEREAS, the City is willing to rent certain real property to be used by Seward Wilderness Collective, for in -vessel Composting site; and WHEREAS, the City Council of Seward has determined that lease of the property described herein to Seward Wilderness Collective for the purposes described herein for less than fair market value is in the public interest. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the Parties hereto agree as follows: TERMS: 1. LEASE OF REAL PROPERTY. For and in consideration of the covenants and agreements herein contained, to be kept and performed by SEWARD WILDERNESS COLLECTIVE, the City does hereby lease to SEWARD WILDERNESS COLLECTIVE the real property known and described as follows: parcel number 14403082, located in the Forest Acres Subdivision at 2617 Maple Street, Seward, Alaska (the "Leased Property"), for the term of this Lease. 2. TERM. The term of this Lease (the "Lease Term") shall be in accordance with City's authorization in Resolution No. 2022-OXX (the "Resolution"). This lease shall run for ten years from the effective date of May 23, 2022 and ending at mid -night on May 22, 2032 (the "Initial Term"), and may be renewed at the sole option of the City for an additional ten years. Thereafter, this Lease shall continue from month -to -month unless the City gives SEWARD WILDERNESS COLLECTIVE notice to terminate pursuant to this Lease not less than thirty days prior to termination. If this Lease is continued at the City's option as provided herein, all terms under this Lease shall continue to bind the Parties to this agreement. 3. RENT. INITIAL TERM. During the Initial Term, SEWARD WILDERNESS COLLECTIVE shall pay to the City as rent for the Leased Property the amount of $1.00 each month, as stated in the Resolution 22-OXX, and in Code 07.05.160 that payment can be less if Council finds that the public interest is being served for leasing this property for less that fair market value. 4. INSPECTION BY SEWARD WILDERNESS COLLECTIVE. SEWARD WILDERNESS COLLECTIVE shall inspect the Leased Property prior to signing this Lease. Unless SEWARD WILDERNESS COLLECTIVE within such period of time gives written notice to the City specifying any defect in or other proper objection to the Leased Property, SEWARD WILDERNESS COLLECTIVE agrees that it shall be conclusively presumed, as between the City and SEWARD WILDERNESS COLLECTIVE, that Seward Wilderness COLLECTIVE has fully inspected and acknowledged that the Leased Property is in good condition and repair, and that SEWARD WILDERNESS COLLECTIVE is satisfied with and has accepted the Leased Property in such good condition and repair. PAR 5. INSPECTION BY THE CITY. The City shall have the right to enter on the premises where the Leased Property may be located for the purpose of inspecting it or observing its use upon the giving of twenty-four hours advance written notice. Any inspection by the City shall occur only during business hours. 6. ALTERATIONS AND IMPROVEMENTS. SEWARD WILDERNESS COLLECTIVE, at its sole cost and expense, may make any and all alterations, additions, and improvements to the Leased Property, provided such alterations, additions, and improvements are approved by the City in advance. 7. TITLE TO IMPROVEMENTS BY SEWARD WILDERNESS COLLECTIVE. Any other provisions of this Lease to the contrary notwithstanding, SEWARD WILDERNESS COLLECTIVE, upon termination of this Lease for any reason, may, but need not, promptly remove, in no event later than thirty days from the termination of the Lease, trade fixtures and equipment from the Leased Property provided that SEWARD WILDERNESS COLLECTIVE shall repair any damages to the Leased Property caused by such removal. All additions to and improvements of the Leased Property of any kind not removed by SEWARD WILDERNESS COLLECTIVE upon termination of this Lease shall immediately become the property of the City. 8. MAINTENANCE. SEWARD WILDERNESS COLLECTIVE, at its own cost and expense, shall keep the Leased Property clean and undamaged, subject to normal non -abusive use. The City may promptly repair any damage not caused by the negligence or intentional misconduct of SEWARD WILDERNESS COMPOST. 9. SIGNAGE. SEWARD WILDERNESS COLLECTIVE, with the consent of the City, may construct, install or maintain, or affix any sign, banner or like display identifying the Leased Property as a food bank to be placed upon the Leased Property in such manner as to be visible from the outside thereof. Any signage so displayed or affixed shall be removed upon the expiration or termination of this Lease. 10. INSURANCE. SEWARD WILDERNESS COLLECTIVE, at its own expense, will maintain the Leased Property insured for such risks and in such amounts as may be consistent with the City's risk management procedures. Upon request by the City, SEWARD WILDERNESS COLLECTIVE will deliver to the City evidence of all such insurance. 11. TAXES AND FEES. SEWARD WILDERNESS COLLECTIVE shall be responsible for any and all license fees, assessments, and sales, use, property, and other taxes, if any, now or in the future imposed on the Leased Property. 12. OWNERSHIP. The Leased Property is and shall at all times remain the sole property of the City, and SEWARD WILDERNESS COLLECTIVE shall have no right, title, or interest therein except as expressly set forth in this Lease. 13. SUSPENSION OF OBLIGATIONS OF THE CITY. The obligations of the City under this Lease shall be suspended, and shall not be considered an event of default, to the extent that the City is hindered or prevented from complying with those obligations because of labor disturbances, including strikes and lockouts, civil disturbance, blockade, insurrection, sabotage, riot, war, acts of enemies of the United States of America, acts of nature, epidemic, fires, storms, floods, Lease Agreement 026 Page 2 of 6 earthquakes, tsunamis, accidents, governmental regulations, or any cause whatsoever beyond the control of the City. In such event, the time for the City to perform its obligations hereunder shall be extended by that amount of time necessary to compensate for the delay. 14. INDEMNITY. Except as caused by the City's negligence, SEWARD WILDERNESS COLLECTIVE will indemnify the City against, hold the City harmless from, and defend the City against all claims, actions, proceedings, costs, damages, and liabilities, including attorneys' fees, arising out of, connected with, or resulting from the Leased Property, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of such the Leased Property. 15. DEFAULT. If SEWARD WILDERNESS COLLECTIVE fails to pay rent or any other sums to be paid by SEWARD WILDERNESS COLLECTIVE hereunder, or if a party fails to perform any obligation required by this Lease, the party alleged to be noncompliant shall have thirty days to cure after written notice is given by the other party to cure. A party shall not be in default if diligently pursuing a cure that cannot reasonably be completed within thirty days. If any default shall continue uncured following notice of default as required by the Lease, the non -defaulting party shall have the right to immediately terminate this Lease in addition to all other rights and remedies provided by law or equity, cumulatively or in the alternative. Upon immediate termination under this section, SEWARD WILDERNESS COLLECTIVE shall have thirty days to vacate the Leased Property to allow the City to remove the same as required by Section 16 (Vacation and Removal of Leased Property) of this Lease. 16. VACATION OF LEASED PROPERTY. on expiration or termination of this Lease, with respect to the Leased Property, SEWARD WILDERNESS COLLECTIVE shall vacate the Leased Property to the City in good repair, subject to normal, non -abusive use, in the following manner: (A) SEWARD WILDERNESS COLLECTIVE Shall be solely responsible for any and all damage caused by or to the Leased Property, except normal, non -abusive use. 17. EFFECT OF WAIVER No delay or omission to exercise any right, power, or remedy under this Lease shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. Any waiver, permit, consent, or approval of any kind or character of any breach or default under this Lease, or any waiver of any provision or condition of this Lease, must be in writing and be effective only to the extent in such writing specifically set forth. All remedies, either under this Lease or by law, or otherwise, shall be cumulative and not alternative. 18. ATTORNEY'S FEES. In the event of any legal action filed in relation to this Lease, each party shall bear its own legal fees and costs, including attorney's fees and expert witness costs. 19. NOTICES. Any communications between the City and SEWARD WILDERNESS COLLECTIVE, payments, and notices provided herein to be given or made, may be given or made by mailing them to the City and SEWARD WILDERNESS COLLECTIVE at the following addresses: Seward Wilderness Collective 328 3" Ave Lease Agreement P44 Page 3 of 6 Seward, Alaska 99664 City of Seward Attn: City Manager P.O. Box 167 Seward, Alaska 99664 (or to such other address as either party may indicate in writing to the other party.) 20. TERMINATION. Either party may terminate this Lease prior to the expiration of the Initial Term pursuant to the default provisions in this Lease. After the expiration of the Initial Term, the City has the right to terminate upon the giving of written notice to SEWARD WILDERNESS COLLECTIVE one full calendar month in advance of the date of intended termination. 21. TIME OF ESSENCE. Time is the essence of this agreement. 22. NO ASSIGNMENT. Neither this Lease nor any right or interest hereunder shall be assigned or transferred by SEWARD WILDERNESS COLLECTIVE in any respect whatsoever without the prior written consent of the City. 23. 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. 24. 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 the City and SEWARD WILDERNESS COLLECTIVE. 25. 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. 26. GOVERNING LAW. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. The terms of this Lease are subject in all respects to the Charter and Code of Ordinances of the City in effect on the effective date of this Lease, and as they may be hereafter amended. 27. VENUE. Venue for any legal action arising out of or relating to this Lease shall be in the Superior Court for the State of Alaska, Third Judicial District at Anchorage, unless otherwise agreed to by the Parties. For purposes of this Lease, the City and SEWARD WILDERNESS COLLECTIVE consent to the personal jurisdiction of such court. 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. 29. RELATIONSHIP OF PARTIES. Nothing contained in this Lease shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and SEWARD WILDERNESS COLLECTIVE; and neither the method of computation of rent, nor any other Lease Agreement QW4 Page 4 of 6 provisions contained in this Lease nor any acts of the Parties, shall be deemed to create any relationship between the City and SEWARD WILDERNESS COLLECTIVE other than the relationship of lessee and lessor. 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 the City or SEWARD WILDERNESS COLLECTIVE as both the City and SEWARD WILDERNESS COLLECTIVE have had the opportunity to seek assistance of counsel in drafting and reviewing this Lease. 31. CAPTIONS. Captions of the articles, paragraphs and subparagraphs of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease. 32. AMENDMENT. This Lease may not be amended except in writing executed by both Parties. 33. COUNTERPARTS. This Lease may be signed in counterparts. 34. EFFECTIVE DATE. This Lease shall be effective upon the date of execution by all Parties. If this Lease is signed in counterparts, the effective date shall be the date when the last party signs and delivers this Lease. 35. AUTHORITY. The City and SEWARD WILDERNESS COLLECTIVE each represent and warrant that each has the authority to enter into and perform this Lease, the Lease is valid and binding in accordance with its terms, and the persons executing this Lease on behalf of the City and SEWARD WILDERNESS COLLECTIVE are fully authorized to do so. 36. PUBLIC ACCESS. SEWARD WILDERNESS COLLECTIVE agrees to operate in a manner that provides public access to the operation. CITY OF SEWARD Janette Bower City Manager ATTEST: Brenda Ballou, CIVIC City Clerk SEWARD WILDERNESS COLLECTIVE Claire Marshalek Program Manager Lease Agreement 223 Page 5 of 6 Lease Agreement 224 Page 6 of 6 This document was added as new information for the June 13, 2022 city council meeting agenda packet. LEASE AGREEMENT BETWEEN THE CITY OF SEWARD AND "SEWARD WILDERNESS COLLECTIVE." 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 SEWARD WILDERNESS COLLECTIVE. ("SEWARD WILDERNESS COLLECTIVE"), whose mailing address is PO Box 2249, Seward, Alaska 99664 (collectively "the Parties"). WHEREAS, the City is willing to rent certain real property to be used by Seward Wilderness Collective, for in -vessel Composting site; and WHEREAS, the City Council of Seward has determined that lease of the property described herein to Seward Wilderness Compost for the purposes described herein for less than fair market value is in the public interest. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the Parties hereto agree as follows: TERMS: 1. LEASE OF REAL PROPERTY. For and in consideration of the covenants and agreements herein contained, to be kept and performed by SEWARD WILDERNESS COLLECTIVE, the City does hereby lease to SEWARD WILDERNESS COLLECTIVE the real property known and described as follows: parcel number 14403082, located in the Forest Acres Subdivision at 2617 Maple Street, Seward, Alaska (the "Leased Property"), for the term of this Lease. 2. TERM. The term of this Lease (the "Lease Term") shall be in accordance with City's authorization in Resolution No. 2022-069 (the "Resolution"). This lease shall run for two years from the effective date of June 13, 2022 and ending at mid -night on June 13, 2024 (the "Initial Term"), and may be renewed at the sole option of the City for an additional five years. Thereafter, this Lease shall continue from month -to -month unless the City gives SEWARD WILDERNESS COLLECTIVE notice to terminate pursuant to this Lease not less than thirty days prior to termination. If this Lease is continued at the City's option as provided herein, all terms under this Lease shall continue to bind the Parties to this agreement. 3. RENT. INITIAL TERM. During the Initial Term, SEWARD WILDERNESS COLLECTIVE shall pay to the City as rent for the Leased Property the amount of $1.00 each month, as stated in the Resolution 22-069, and in Code 07.05.160 that payment can be less if Council finds that the public interest is being served for leasing this property for less that fair market value. 4. INSPECTION BY SEWARD WILDERNESS COLLECTION. SEWARD WILDERNESS COLLECTIVE shall inspect the Leased Property prior to signing this Lease. Unless SEWARD WILDERNESS COLLECTIVE within such period of time gives written notice to the City specifying any defect in or other proper objection to the Leased Property, SEWARD WILDERNESS COLLECTIVE agrees that it shall be conclusively presumed, as between the City and SEWARD WILDERNESS COLLECTIVE, that Seward Wilderness Collective has fully inspected and acknowledged that the Leased Property is in good condition and repair, and that SEWARD WILDERNESS COLLECTIVE is satisfied with and has accepted the Leased Property in such good condition and repair. 225 5. INSPECTION BY THE CITY. The City shall have the right to enter on the premises where the Leased Property may be located for the purpose of inspecting it or observing its use upon the giving of twenty-four hours advance written notice. Any inspection by the City shall occur only during business hours. 6. ALTERATIONS AND IMPROVEMENTS. SEWARD WILDERNESS COLLECTIVE, at its sole cost and expense, may make any and all alterations, additions, and improvements to the Leased Property, provided such alterations, additions, and improvements are approved by the City in advance. 7. TITLE TO IMPROVEMENTS BY SEWARD WILDERNESS COLLECTIVE. Any other provisions of this Lease to the contrary notwithstanding, SEWARD WILDERNESS COLLECTIVE upon termination of this Lease for any reason, may, but need not, promptly remove, in no event later than thirty days from the termination of the Lease, trade fixtures and equipment from the Leased Property provided that SEWARD WILDERNESS COLLECTIVE shall repair any damages to the Leased Property caused by such removal. All additions to and improvements of the Leased Property of any kind not removed by SEWARD WILDERNESS COLLECTIVE upon termination of this Lease shall immediately become the property of the City. 8. MAINTENANCE. SEWARD WILDERNESS COLLECTIVE, at its own cost and expense, shall keep the Leased Property clean and undamaged, subject to normal non -abusive use. The City may promptly repair any damage not caused by the negligence or intentional misconduct of SEWARD WILDERNESS COLLECTIVE 9. SIGNAGE. SEWARD WILDERNESS COLLECTIVE, with the consent of the City, may construct, install or maintain, or affix any sign, banner or like display identifying the Leased Property as a food bank to be placed upon the Leased Property in such manner as to be visible from the outside thereof. Any signage so displayed or affixed shall be removed upon the expiration or termination of this Lease. 10. INSURANCE. SEWARD WILDERNESS COLLECTIVE, at its own expense, will maintain the Leased Property insured for such risks and in such amounts as may be consistent with the City's risk management procedures. Upon request by the City, SEWARD WILDERNESS COLLECTIVE will deliver to the City evidence of all such insurance. 11. TAXES AND FEES. SEWARD WILDERNESS COLLECTIVE shall be responsible for any and all license fees, assessments, and sales, use, property, and other taxes, if any, now or in the future imposed on the Leased Property. 12. OWNERSHIP. The Leased Property is and shall at all times remain the sole property of the City, and SEWARD WILDERNESS COLLECTIVE shall have no right, title, or interest therein except as expressly set forth in this Lease. 13. SUSPENSION OF OBLIGATIONS OF THE CITY. The obligations of the City under this Lease shall be suspended, and shall not be considered an event of default, to the extent that the City is hindered or prevented from complying with those obligations because of labor disturbances, including strikes and lockouts, civil disturbance, blockade, insurrection, sabotage, riot, war, acts of enemies of the United States of America, acts of nature, epidemic, fires, storms, floods, Lease Agreement 226 Page 2 of 6 This document was added as new information for the June 13, 2022 city council meeting agenda packet. earthquakes, tsunamis, accidents, governmental regulations, or any cause whatsoever beyond the control of the City. In such event, the time for the City to perform its obligations hereunder shall be extended by that amount of time necessary to compensate for the delay. 14. INDEMNITY. Except as caused solely by the City's negligence, SEWARD WILDERNESS COLLECTIVE will indemnify the City against, hold the City harmless from, and defend the City against all claims, actions, proceedings, costs, damages, and liabilities, including attorneys' fees, arising out of, connected with, or resulting from the Leased Property, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of such the Leased Property. 15. DEFAULT. If SEWARD WILDERNESS COLLECTIVE fails to pay rent or any other sums to be paid by SEWARD WILDERNESS COLLECTIVE hereunder, or if a party fails to perform any obligation required by this Lease, the party alleged to be noncompliant shall have thirty days to cure after written notice is given by the other party to cure. A party shall not be in default if diligently pursuing a cure that cannot reasonably be completed within thirty days. If any default shall continue uncured following notice of default as required by the Lease, the non -defaulting party shall have the right to immediately terminate this Lease in addition to all other rights and remedies provided by law or equity, cumulatively or in the alternative. Upon immediate termination under this section, SEWARD WILDERNESS COLLECTIVE shall have thirty days to vacate the Leased Property to allow the City to remove the same as required by Section 16 (Vacation and Removal of Leased Property) of this Lease. 16. VACATION OF LEASED PROPERTY. on expiration or termination of this Lease, with respect to the Leased Property, SEWARD WILDERNESS COLLECTIVE shall vacate the Leased Property to the City in good repair, subject to normal, non -abusive use, in the following manner: (A) SEWARD WILDERNESS COLLECTIVE shall be solely responsible for any and all damage caused by or to the Leased Property, except normal, non -abusive use. (B) SEWARD WILDERNESS COLLECTIVE shall be solely responsible for removing in - vessel composting systems upon expiration or termination of this Lease. 17. EFFECT OF WAIVER No delay or omission to exercise any right, power, or remedy under this Lease shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. Any waiver, permit, consent, or approval of any kind or character of any breach or default under this Lease, or any waiver of any provision or condition of this Lease, must be in writing and be effective only to the extent in such writing specifically set forth. All remedies, either under this Lease or by law, or otherwise, shall be cumulative and not alternative. 18. Venue and Applicable Law The venue of any legal action between the parties arising as a result of this Agreement shall be the Third Judicial District of the Superior Court of the State of Alaska, at Seward, Alaska unless a non-waivable federal or state law requires otherwise. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. Lease Agreement 227 Page 3 of 6 This document was added as new information for the June 13, 2022 city council meeting agenda packet. 19. NOTICES. Any communications between the City and SEWARD WILDERNESS COLLECTIVE, payments, and notices provided herein to be given or made, may be given or made by mailing them to the City and SEWARD WILDERNESS COLLECTIVE at the following addresses: Seward Wilderness Collective PO Box 2249 Seward, Alaska 99664 City of Seward Attn: City Manager P.O. Box 167 Seward, Alaska 99664 (or to such other address as either party may indicate in writing to the other party, or to the address of the tenant's registered agent .) 20. TERMINATION. Either party may terminate this Lease prior to the expiration of the Initial Term pursuant to the default provisions in this Lease. After the expiration of the Initial Term, the City has the right to terminate upon the giving of written notice to SEWARD WILDERNESS COLLECTIVE one full calendar month in advance of the date of intended termination. 21. TIME OF ESSENCE. Time is the essence of this agreement. 22. NO ASSIGNMENT. Neither this Lease nor any right or interest hereunder shall be assigned or transferred by SEWARD WILDERNESS COLLECTIVE in any respect whatsoever without the prior written consent of the City. In the event that Seward Wilderness Collective voluntarily or involuntarily is dissolved, the lease does not give rights to any individuals or other entities without a written amendment to the lease. 23. 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. 24. SUCCESSORS IN INTEREST. Each and all of the terms, covenants and conditions in this Lease shall insure to the benefit of and shall be binding upon the successors in interest of the City and SEWARD WILDERNESS COLLECTIVE. 25. 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. 26. GOVERNING LAW. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. The terms of this Lease are subject in all respects to the Charter and Code of Ordinances of the City in effect on the effective date of this Lease, and as they may be hereafter amended. Lease Agreement 228 Page 4 of 6 This document was added as new information for the June 13, 2022 city council meeting agenda packet. 27. VENUE. Venue for any legal action arising out of or relating to this Lease shall be in the Superior Court for the State of Alaska, Third Judicial District at Anchorage, unless otherwise agreed to by the Parties. For purposes of this Lease, the City and SEWARD WILDERNESS COLLECTIVE consent to the personal jurisdiction of such court. 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. 29. RELATIONSHIP OF PARTIES. Nothing contained in this Lease shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and SEWARD WILDERNESS COLLECTIVE; 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 the City and SEWARD WILDERNESS COLLECTIVE other than the relationship of lessee and lessor. 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 the City or SEWARD WILDERNESS COLLECTIVE as both the City and SEWARD WILDERNESS COLLECTIVE have had the opportunity to seek assistance of counsel in drafting and reviewing this Lease. 31. CAPTIONS. Captions of the articles, paragraphs and subparagraphs of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease. 32. AMENDMENT. This Lease may not be amended except in writing executed by both Parties. 33. COUNTERPARTS. This Lease may be signed in counterparts. 34. EFFECTIVE DATE. This Lease shall be effective upon the date of execution by all Parties. If this Lease is signed in counterparts, the effective date shall be the date when the last party signs and delivers this Lease. 35. AUTHORITY. The City and SEWARD WILDERNESS COLLECTIVE each represent and warrant that each has the authority to enter into and perform this Lease, the Lease is valid and binding in accordance with its terms, and the persons executing this Lease on behalf of the City and SEWARD WILDERNESS COLLECTIVE are fully authorized to do so. 36. SEWARD WILDERNESS COLLECTIVE will operate in a manner that maintains public access to services provided. The services provided will not be commercial activities, but community development practices. SEWARD WILDERNESS COLLECTIVE will operate in a manner that provides low to no cost services for the public. Lease Agreement 229 Page 5 of 6 This document was added as new information for the June 13, 2022 city council meeting agenda packet. 37. SEWARD WILDERNESS COLLECTIVE will operate utilizing secured, air -tight, in -vessel systems which mitigates wildlife interactions and ensures public safety. Maintenance of in -vessel systems will be the sole responsibility of SEWARD WILDERNESS COLLECTIVE throughout the duration of the lease agreement. Public access to in -vessel systems will not be granted as to limit unattended and inappropriate usage. 10111 VLSI9 6Y0iT),13:ZC Janette Bower City Manager ATTEST: Brenda Ballou, CIVIC City Clerk SEWARD WILDERNESS COLLECTIVE �� Gc Claire M rshalek Program Manager Lease Agreement 230 Page 6 of 6 Ordinance 2022-008 Documents: • Agenda Statement • Ordinance 2022-008 ON City Council Agenda Statement Meeting Date: June 13, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Ordinance 2022-008: Amending Seward City Code Title 15.10.222 Development Requirements — Table Notes, Letter E to Allow more Density in the Auto Commercial and Central Business Zoning Districts Background and justification: Developable land is limited in Seward. The Comprehensive Plan for the City of Seward states that one of its goals is to "promote infill development by encouraging and promoting construction on vacant sites in areas of the City which are already established" (Vol 1, Ch 2.2.11). Many of these underutilized lots have limited space on which to develop adequate housing to make it worthwhile to a developer as well as appealing to those seeking homes. Changing City Code to be more favorable towards higher density housing of homes other than studio apartments, will allow developers to construct housing that utilizes the space available in Seward more effectively. On March 29, 2022 the City Council reviewed and approved the Planning and Zoning Commission's priorities two of which included, "contribute and collaborate as needed to help be a part of the solution for the housing issues that Seward is facing," and "make recommended updates to Title 15." On May 3, 2022 the Planning and Zoning Commission approved Resolution 2022-012, recommending the City Council amend Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E. Development Requirements — Table Notes, Letter E has been amended as follows: Amended Ordinance Code Section Page # Amendment Strike "All said districts" and inserted R3, UR, and OR. Allows 15.10. 222.Note 2. E 1 multi -family dwellings of five or more units to be developed on 9,000 SF without the additional 1,200 SF requirement per unit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 — "Promote infill development by encouraging and Plan: promoting construction on vacant sites in areas of the City which are already established." Vol 1, Chapter 3.2.1 —"Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." PAGY: Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9- 10) • Encourage construction of residential and seasonal housing at all market levels Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the City. (Page 10) Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ X Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: $ Available Unrestricted Cash Balance*: $ Attorney Review-,' RYes Not applicable Electric Wastewater Water F1 Healthcare Finance Director Signature: *unaudited numbers ministration Recommendation eX Adopt Resolution Other: 233 Sponsored by: Bower Introduction: June 13, 2022 Public Hearing: June 27, 2022 Enactment: June 27, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-008 An Ordinance Of The Seward City Council, Amending Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E To Allow More Density In The Auto Commercial And Central Business Zoning Districts WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities, two of which included, "contribute and collaborate as needed to help be a part of the solution for the housing issues that Seward is facing," and "Make recommended updates to Title 15"; and WHEREAS, on May 3, 2022 the Planning and Zoning Commission approved Resolution 2022-012, recommending the City Council amend Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, it is recognized that developable land within Seward is limited, and development requirements should reflect the need to allow more productive use of that limited land without degrading the quality of community life; and WHEREAS, parking requirements for multi -family dwellings will not be changed and must be met; and WHEREAS, development requirements for AC and CB Districts such as building height, lot coverage, and lot setbacks will not be changed. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.222 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): TITLE 15 — PLANNING AND LAND USE REGULATIONS Table 15.10.222 Development Requirements — Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. 234 CITY OF SEWARD, ALASKA ORDINANCE 2022-008 NOTE 2. A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR, AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, 3,000 SF and north, 6,000 SF with 30- and 60-foot minimum frontages respectively, for single-family residences. C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. D. In the R1, R2, R3, UR, OR, AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. E. Multiple -Family developments (except studio apartments) with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said dis ^+^ R3, UR, and OR Districts require an additional 1,200 SF per unit of five or more units. F. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. G. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-D and 2-E above. NOTE 4. From Seward Highway/Phoenix Road intersectionSouth, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. PAGR CITY OF SEWARD, ALASKA ORDINANCE 2022-008 NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long-term care facility, aka skilled nursing care facility. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 27th day of June, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 0911.1 Resolution 2022-075 Documents: • Agenda Statement • Resolution 2022-075 • Attachments: o AK Tree Service Final Contract 237 City Council Agenda Statement Meeting Date: June 13, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-075: Authorizing the City Manager to Appropriate Additional Funding in the Amount of $300,000 from Electric Reserves to the Contract with AK Tree Service, LLC, to Complete Transmission Right -of -Way Clearing on Nash Road and to Remove "Danger" Trees Along Targeted Sections of the Seward Highway Background and justification: In late June 2021, the Electric Department entered into a 16-month contract with AK Tree Service to conduct transmission right-of-way clearing along the Seward Highway near Moose Pass, with the primary or worst sections of right of way being between MP 20 and MP 22.5. AK Tree Service was able to complete this work in late fall of 2021. For 2022, AK Tree Service was assigned clearing work on the Nash Road transmission corridor —in anticipation of future infrastructure replacement work —and along Seward Highway between Grouse Lake Subdivision and Bear Creek Fire Hall. In addition, the Electric Department assigned AK Tree Service work to take down "danger" trees in targeted sections of the transmission corridor along the Seward Highway, particularly near Moose Pass where the Alaska Department of Transportation is conducting highway improvement work. AK Tree Service has completed the work along the Seward Highway near Bear Creek and nearly 50 percent of the clearing work necessary on Nash Road. However, with budgeted funds nearly exhausted, the Electric Department would like to have an additional $300,000 appropriated so that AK Tree Service can complete Nash Road work and the work to take down danger trees along the Seward Highway. This will ensure infrastructure construction work on Nash Road can begin as soos as possible in 2023 and that the removal of danger trees will help service reliability in the winter of 2022-23. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 300 This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ 300 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): 238 Budgeted Line item(s): X Not budgeted Not applicable 15000-3004-7009 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other X Electric Wastewater Water F1 Healthcare Unassigned Fund Balance*: $ 5,711,659.69 *unaudited numbers Available Unrestricted Cash Balance*: $ 9,078,060.72 Finance Director Signature: Attorney Review,/ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: PAGR Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-075 A Resolution Of The City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Appropriate Additional Funding In The Amount Of $300,000 From Electric Reserves To The Contract With AK Tree Service, LLC To Complete Transmission Right -Of -Way Clearing On Nash Road And To Remove "Danger" Trees Along Targeted Sections Of The Seward Highway WHEREAS, the Electric Department entered into a contract with AK Tree Service in June 2021 via Resolution 2021-069 for up to 16 months to complete transmission right-of-way clearing along the Seward Highway near Moose Pass (MP 20 to MP 22.5) and in other targeted sections around Seward to improve service reliability and safety; and WHEREAS, in 2021, AK Tree Service completed the transmission right-of-way clearing work on the Seward Highway near Moose Pass (MP 20 to MP 22.5); and WHEREAS, in 2022, AK Tree Service has completed transmission right-of-way clearing on the Seward Highway between Grouse Lake Subdivision and the Bear Creek Fire Hall, including clearing work on the backside of Old Mill Subdivision; and WHEREAS, AK Tree Service has completed approximately 50 percent of the transmission clearing work identified on Nash Road with existing funding nearly exhausted; and WHEREAS, the Electric Department in 2022 would like AK Tree Service to complete the right-of-way clearing on Nash Road so that infrastructure construction work on Nash Road can begin as quickly as possible in spring 2023; and WHEREAS, the Electric Department in 2022 would also like to remove "danger" trees in targeted sections of transmission right of way along the Seward Highway, including sections where the Alaska Department of Transportation is conducting highway improvement work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to appropriate additional funding to the existing contract with AK Tree Service to complete right-of-way clearing along the Nash Road transmission line corridor and to remove targeted "danger" trees along the Seward Highway. Section 2. Funding in the amount of $300,000 is hereby appropriated from the 2022 budget from Electric reserves account no. 15000-0000-3400 to contracted services account no. 15000- 3004-7009. 240 CITY OF SEWARD, ALASKA RESOLUTION 2022-075 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of June, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor ►zI MY OF SEWARD P. n. Box 167 410 Ad<unr Street Seward, Alaska S1%64 Ci C*Managees Office 90 .224 40-17 907.22 t.1038 litx •i s�n�.r+t��riri[ynfsrsc;trcLt}c�( 1110 PROFESSIONAL SERVICES CONTRACT RIGHT-OF-WAY CLEARING SERVICES CITY OF SEWARD SEWARD, ALASKA THIS original CONTRACT made on the 29th of June, 2021 between the CITY OF SEWARD. ALASKA (the "City"). acting by and through the City Manager or other City authorized representative (its "Contracting Officer') and AK Tree Service, LLC, its successors and assigns (the "Contractor) as follows: The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the parries, hereby covenants and agrees to famish all equipment, material, and labor required to complete the 1VORK according to the attached STATB1VMNT OF WORK. Tire Contractor further agrees to be bound by all representations of the Contractor in the Contract and take all necessary steps to remain in compliance with all such representations. The Contractor hereby agrees that the time and materiars, not -to -exceed price set forth below, is full compensation for furnishing all equipment, material, and labor which may be requited in the prosecution and completion of the whole wort: to be done under this Contract no later than October 31, 2022 and in all respects to complete the Contract to the satisfaction of the City. The Contract payment shall not exceed fiec-hundraed thousand dollars (S500,000) for all items over a 16-month perind beginning in July 2021 and concluding in October 2022. Pavment will be made every two weeks upon receipt and approval of an invoice for work accomplished in accordance with the attached STATEMENT OF WORK. lire amounts payable to Contractor shall not exceed the sums identified in this paragraph without the priorwritten approval ofthe City. The Contractor shall procure and maintain during the life of this contract, Worker's Compensation insurance, including Employer's Liability Coverage, in accordance with all applicable statutes of the State of Alaska. The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance an an "Occurrence Basis" with limits of liability not less than S2,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad lrorm Gcneral Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if npplicabtc, (F) Per Contract nggres4ic. The Contractor shall procure and maintain through contract life Motor Vchicle Liability Insurance, including applicable No -Fault coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include Al owned vehicles, all non owned vehicles, and all hired vehicles. The following shall be Additional Insureds on the General Liability and Motor Vehicle Liability Insurance: The City of Seward, including ail elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employers, and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional insureds, whether other available coverage be primary, contributing or excess. Workers Compensation insurance, Commercial general Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the foila►ving: "Thirty (30) days Advanced Written Notice of Cancellation, or Non-rcnewaL or Amendment shall be sent to: City of Seward. )engineering Departmcn% P. O. Boa 167, Seward, AK 99664. The Contractor shall provide the City of Seward at the time contracts are returned for execution, Certificates of Insurance and/or policies, acceptable to the City of Seward, as listed below: Seward Electric— Right-Df--Way Clearing Page I of 2 ley: a. One (1) copy orCertificate of Insurance for Worker's Compensation Insurance; b. One (1) copy of Certificate of Insurance for Commercial General Liability Insurance; c. One (')COPY of Certificate of Insurance for Vehicle Liability Insurance; C. If so requested, Certified Copies of all policies shall be furnished. If any or the above euverages expire during the term of this contract, the Contractor shall deliver rencwat cenifI at , and/or Polices to the City of Seward at ]cast ten (10) days prior to the expiration date. To the fullest extent pcnnittcd by law, AK Tree Service, LLC agrees to defend, indemnify and hold harmless the City of Seward, its elected and appointed officials, employees, insurers and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. Tic Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most workmanlike manner and that all material and labor shall be in strict and entire conformity in every respect ►vith the governing standards and practices of the industry and if any lirork shall be rejected by the Contracting Ofv err as defective or unsuitable, deco sucli Work shall be eotrecteti to the satisfaction of the Contracting Officer. at the cost and expense ofthe Contractor_ The Contractor further covenants and agrees that the tasks outlined in Attachment A will be done to the complete satisfaction of the City, and in accordance with the laws of the State of Alaska and the City of seward. It is specifically understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and 1101 specifically provided for herein, will be allowed by the Contracting Officer, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work is ordered in writing by the Contracting Officer. Tn no event shall the Contractor assert any claims against the City by reason of vcrbal directions or instructions given by the Contracting 011icer or his representatives, nor will the City be liable for any material furnished or used, or for any work or labor done, unless the rnalerials, work, or labor are required by the Contract or on written order first being given by the Contracting Officer. Any such work or materials wbich may be done or famished by the Contractor without written order Cost being given shall be at the Contractor's own risk, cost, and expense and the Contractorhemby covenants and agrees to make no claim for compensation for work or materials done or famished without such written order. The Contractor may not assign or subcontract performance of this Contract, without written approval by the City. The Contractor is an independent contractor and is not an employee or agent ofthe City. Claims by the City resulting from Contractor's failure to Comply with the terms of and specifications of this Agreement and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation otherwise due Contractor for work performed or to be performed_ City shall notify Contractor of any such failure, default or damage therefrom as scan as practicable after discovery ofsueh event by written notice. Nothing provided herein shall be dceined as constituting an exclusive remedy on behalf of City, nor a waiver of any other rights hereunder at law or in equity. The venue of any legal action between the patti District of the Superior Court of the State of Alaes arising as a result of this Agreement shall be laid inthe Third Judicial ska, at Seward. Alaska unless a non-waivable federal or state law requires otherwise. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. No failure on the party of the City to enforce any covenant or provision herein contained, nor any waiver of any right hereunder by City, unless in writing and signed by the parties sought to be bound, shall discharge or invalidate such covenants or provisions or affect the right of the City to enforce the same or any other provision in the event of any subsequent breach or default. The tcritts, conditions and covenants contained in this Agreement shall apply to, inure to the benefit of, and bind the parties and their respective successors. This Agreement constitutes the entire agreement bet%vccn the parties with respect to the subject matter hereof, and all prior negotiations and understandings are superseded and replaced by this Agreement and shall be of no fwthcr force and effect. No modification of this Agreement ,;bull be of any force or effect unless reduced to writing, signed by both parties and, expressly made a part of this Agreement. Seward Electric — Right -of -Way Clearing page 2 of 3 243 IN WITNESS WHEREOF the Parties u�riri above en. llcretO have executed this Agmement, effective the day and year first CITY OF SEWARD, AL SKA City anagrr f •\ A.0011 f f ♦ aDou City Clerk (Scat) Atlachmenu,;; Statement of Work Seward Electric — pightof-«ray Clearing Page 3 of 3 AK free Senicc. LLLC Principal 244 CITY OF SFWARD, ALASKA Sponsored by: Bawer RESOLUTION 2021-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SE WARD, ALASKA, REPEALING RESOLUTION 2021-057 AND AUTHORIZING THE CITY NIANAGER TO ENTER INTO AN AGREEMENT FOR UP TO 16 MONTHS WITH AK "TREE SERVICE, LLC FOR EXTENSIN'F. TRANSMISSION RIGHT-OF-WAY CLEARING WORK FOR AN AMOUNT NOT TO EXCEED $500,000 OVER THE DESIGNATED PERIOD, AND APPROPRIATING FUNDS WHEREAS, the Electric Department has requested to have a 2.5-mile section of transmission right of way along the Seward Highway (MP 20 to MP 22.5) and other targeted sections cleared for service reliability and public safety purposes; and WHEREAS, the work will be contracted for 16 months beginning in July, 2021 and ending October, 2022, or until assigned work is completed, whichever comes first; and WHEREAS, the Electric Department completed a Request for Proposal and selected AK Tree Service, LLC from six submitted bids; and WHEREAS, the bidding companies were graded on price, experience, quality of work, qualifications, references, and additional right-of-way maintenance services; and '%N'IIEREAS, the section of transmission right-of-way and other targeted sections are in extremely- poor condition with several tall trecs already brushing, against power lines daring windy conditions. thus creating a forest fire hazard, as well as other public safety concerns; and WHEREAS, the section of transmission right-of-way and other ton�eted sections, in their cxisting condition, also presents considerable service reliability issues. NO1W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Resolution 2021-057 which was approved by council on May 10, 2021 and which authorized an agreement with 1tSR Contracting to complete this work is hereby repealed because the vendor unable to fulfill the contract. Section 2. The City Manager is hereby authorized to enter into a contract with AK Tree Service, LLC for a total not -to -exceed amount of $500,000 over a 16-month period for right-of- way clearing work along transmission line corridors along; the Seward Highway (MP 20 to MP 22.5). Section 3. Funding in the amount of $350.000 is hereby appropriated in the 2021 budget from Electric reserves account rio. 17000-0000-3400 to contracted services account no. 15000-3004-7009. Q,R CITY OF SEWARD, ALASKA RESOLUTION 2021-069 Section 4. The 2022 budget will include S150,000 in contracted services account no. 15000-3004-7009 for the remainder of the contract.. Section 5. This resolution shall take et'fect 111111iccliatcly upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28" day of ,tune, 2021. THE CITY OF AYES: DeMoss, McClure, Casagranda, Seese, Osenga, Baclaan NOES: None ABSENT: Terry ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk *\a\rrraerr�r (City S� of SEW SEAL 0: ' t WARD, ALASKA Agenda Statement Meeting Date: June 28, 2021 To: City Council Through: City Manager Janette Bower From: Rob Montgomery, Electric Department Director Agenda Item: Following a Request for Proposal, the Seward Electric Department recommends entering into a 16-month contract not -to -exceed $500,000 with AK Tree Service, LLC for transmission right-of-way clearing services. BACKGROUND & JUSTIFICATION: The City of Seward Electric Department is responsible for clearing and maintaining approximately 32 miles of high voltage transmission right of way. While most of this right of way is in satisfactory condition, there remains a 2.5-mile section between MP 20 and MP 22.5 of the Seward Highway where the tree and vegetation growth are extensive, and heavy clearing is required. As it exists today, this section creates significant system reliability issues, as experienced in the November 2020 ice storms. They also present significant public safety concerns, particularly the risk of starting a forest fire. Many of the trees in and adjacent to the right of way already brush into the lines during windy conditions. We are fortunate that a forest fire did not occur in 2019 when weather conditions for the region were extremely dry and forest fires were prevalent across the state We intend to use a contractor over the next 16 months beginning in July 2021 to clear this section of the transmission right-of-way and other, smaller sections —including "problem" trees just outside of the right of way. Once completed, ongoing right-of-way maintenance will be much less costly. AK Tree Service, LLC was selected through an RFP process that evaluated each bidder on price, experience, quality of work, qualifications, references, and additional right-of-way maintenance services. INTENT: To improve service reliability and public safety by authorizing the city manager to enter into a contract with AK Tree Service, LLC for right -of --way clearing services along assigned sections of transmission line corridors. QzrA CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (1. 3, 3. 7. 3. 1, 3. 7. 3. 2) Continue to upgrade 1. and expand utilities to meet existing needs and encourage future X develo ment. 2 Strategic Plan: The mission of the City of Seward government is to X provide quality leadership and economic wellbeing of its citizens 3. Other (list): X FISCAL NOTE: A not -to -exceed amount of $500,000 over 16 months will be appropriated for this contract. The 2021 budget will be amended to appropriate $350,000 and 2022 budget will factor in $150,000, both from Electric reserve account 15000-0000-3400 to contracted services line item 15000-3004-7009. 11-' Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: Council approve Resolution 2021- 069 , authorizing the city manager to enter into a contract with AK Tree Service, LLC for transmission rights -of -way clearing services with the intent to improve service reliability and public safety in an amount not -to -exceed $500,000 over 16 months beginning in July 2021. 248 CI rY OF SEWARD City ManW3e S Office P. O. Box 167 14 �Jn7.?21017 t1ti7.2`21.1n38 1;rx 110 Ad:uns Street Seward. 1I;tsk;t?kiGti4 U 4'ItV01"(1V.'ITtl.ne�t PROFESSIONAL SERVICES CONTRACT RIGHT-OF-WAY CLEARING SERVICES CITY OF SEWARD SEWARD, ALASKA THIS original CONTRACT made on the 29th of June, 2021 between the CITY OF SEWARD, ALASKA (the "City"). acting by and through the City Manager or other City authorized representative (its "Contracting Officer") and AK Tree Service, LLC, its successors and assigns (the "Contractor') as follows: The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the parties, hereby covenants and agrees to furnish all equipment, material, and labor required to complete the WORT{ according to the attached STATEMENT OF WORK. The Contractor further agrees to be bound by all representations of the Contractor in the Contract and take all necessary steps to remain in compliance with all such representations. The Contractor hereby agrees that the time and materials, not -to -exceed price set forth below, is full compensation for furnishing all equipment, material, and labor which may be required in the prosecution and completion of the whole work to be done under this Contract no later than October 31, 2022 and in all respects to complete the Contract to the satisfaction of the City. The Contract payment shall not exceed five -hundred thousand dollars ($500..000) for all items over a 16-month period beginning in July 2021 and concluding in October 2022. Payment will be made every two weeks upon receipt and approval of an invoice for work accomplished in accordance with the attached STATEMENT OF WORK. The amounts payable to Contractor shall not exceed the sums identified in this paragraph without the prior written approval of the City. The Contractor shall procure and maintain during the life of this contract, Worker's Compensation insurance, including Employer's Liability Coverage, in accordance with all applicable statutes of the State of Alaska. The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than S2,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Properly L7amage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCIJ) Exclusions, if applicable; (F) Per contract aiggregate. The Contractor shall procure and maintain through contract life Motor Vehicle Liability Insurance, including applicable No -Fault coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. The following shall be Additional Insureds on the General Liability and Motor Vehicle Liability Insurance: The City of Seward, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. Worker's Compensation Insurance, Commercial general Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Thirty (30) days Advanced Written Notice of Cancellation, or Nan -renewal, or Amendment shall be sent to. City of Seward, Engineering Department, P. O. Box 167, Seward, AK 99664_ The Contractor shall provide the City of Seward at the time contracts are returned for execution, Certificates of Insurance and/or policies, acceptable to the City of Seward, as listed below: Seward Electric — /tight -of -Way Clearing Page] of 2 249 135 a. One (1) copy of Certificate of Insurance for Worker's Compensation Insurance; b. One (1) copy of Certificate of Insurance for Commercial General Liability Insurance; C. One (1) copy of Certificate of Insurance for Vehicle Liability Insurance, c. If so requested, Certified Copies of all policies shall be furnshed. If any of the above coverages cxpirc during the term of this cuntmeL the Contractor shall deliver renewal certificates and/or Polices to the City of Seward at least ten (10) days prior to the expiration date. To the fullest extent permitted by law, AK Tree Service, LLC agrees to defend, indemnify and hold harmless the City of Seward, its elected and appointed officials, employees, insurers and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or m any way connected or associated with this contract. The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most workmanlike manner and that all material and labor shall be in strict and cutirc conformity in every respect with the governing standards and practices of the industry and if any Work shall be rejected by the Contracting Officer as defective or unsuitable, then such Work shall be corrected to the satisfaction of the Contracting Officer, at the cost and expense of the Contractor. The Contractor further covenants and agrees that the tasks outlined in Attachment A will be done to the complete satisfaction of the City, and in accordance with the laws of the State of Alaska and the City of Seward.. It is specifically understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically provided for herein, will be allowed by the Contracting Officer, nor shall the Contractor do any work or furnish any material not covered by this Contract,. unless such work is ordered in writing by the Contracting officer- In no event shall the Contractor assert any claims against the City by reason of verbal directions or instructions given by the Contracting Officer or his representatives, nor will the City be liable for any material furnished or used, or fur any work Contracting Officer. Any such work or materials which may be done or famished by the Clabor done, unless the materials, work, or labor are required by the Contract or on written order fiar rst being given by the ontractor first being given shall be at the Contractorwithout written order `s own risk, cost, and expense and the Contractor hereby covenants and tenors to make no claim for compensation for work or materials done or furnished without such written order. The Contractor may not assign or subcontract performance of this Contract, without written approval by the City. The Contractor is an independent contractor and is not an employee or agent of the City. Claims by the City resulting from Contractor's failure to comply with the terms of and specifications of this Agreement and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation otherwise due Contractor for work performed or to be performed. City shall notify Contractor of any such failure, default or darnage therefrom as soon as practicable after discovery of such event by written notice. Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City, nor a waiver of any other rights hereunder at law or in equity. The venue of any legal action between the parties arising as a result of this Agreement shall be laid in the Third Judicial District of the Superior Court of the State of Alaska, at Seward. Alaska unless a non-waivable federal or state law requires otherwise. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. No failure on the party of the City to enforce any covenant or provision herein contained, nor any waiver of any right hereunder by City, unless in writing and signed by the parties sought to be bound, shall discharge or invalidate such covenants or provisions or affect the right of the City to enforce the same or any other provision in the event of any subsequent breach or default_ The terms, conditions and covenants contained in this Agreement shall apply to, inure to the benefit of, and bind the parties and their respective successors. This Agreement constitutes the cntire agreement between the parties with respect to the subject matter hereof, and all prior negotiations and understandings are superseded and replaced by this Agreement and shall be of no further force and effect. No modification of this Agreement shall be of any force or effect unless reduced to writing, signed by both parties and expressly made a part of this Agreement. Seward Electric -- Right -of -Way Clearing Page 2 of 3 250 136 IN WITNESS WHEREOF the parties hereto have executed this Agrecrnent, effective the day and year first above written. CITY OF SEWARD, ALASKA City Manager A`l" f CS"I`: Brenda Ballou City Clerk [Seal) Attachrnen%: Statement of Work AK Tree Service_ LLC Principal Seward Electric — Right-of-j1 ay Clearing Page 3 of 3 251 137 Resolution 2022-076 Cemetery: Ground Penetrating Radar Documents: • Agenda Statement • Resolution 2022-076 • Attachments: o Quotes Qvi City Council Agenda Statement Meeting Date: June 13, 2022 To: City Council Through: Janette Bower, City Manager Agenda Item: Resolution 2022-076: Authorizing The City Manager To Enter Into A Contract With Logic Geophysics & Analytics LLC For Ground Penetrating Radar Services In The Amount Of $22,291, Plus A 10% Contingency Of $2,229, For A Total Amount Not To Exceed $24,520 Background and justification: The Seward City Cemetery is an important site to our community and has a great need for accurate records to be maintained, not only for historic purposes but for future use planning as well. The Cemetery grounds are maintained by the Parks and Recreation Department but the Community Development Department and Clerks Office manage the placement and records. Over the years, people have been buried without markers or markers may have given way to the environment. There are confirmed areas that we can see there is someone buried (rectangular depression in the ground) but we don't have any record or marker of the burial. In order for the 3 entities to be able to work with confidence in both maintaining historical records and future growth as we go forward, we need to know with 100% confidence where there are burials. The Community Development Department is entering all of the cemetery records into a GIS map that at some point and time we would like to make publicly accessible via website. In order to make sure that we have all burials, marked and unmarked in the GIS, we need to bring in Ground Penetrating Radar where they can see what is under the surface and be able to record that in the GIS. If sites are found that have unmarked burial sites, we would like to come back around with another resolution (from Parks and Rec) to create simple markers for those sites so that they can be identified physically onsite as a double protective measure to make sure that someone doesn't accidentally dig there for an additional burial. This would be done in the Seward City Cemetery as well as the Jesse Lee Home Cemetery. Note: We reached out to four different businesses for quotes and only one was able to and provided a quote. All correspondence attached. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.9.1.2 Encourage the recognition, rehabilitation and preservation of prehistoric and historic sites, transportation routes, trails, buildings, objects and artifacts. Strategic Plan: Other: 253 Certification of Funds Total amount of funds listed in this legislation: $ 24,250 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): x Budgeted Line item(s) Not budgeted Not applicable 01000-1412-7009 24,250 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): X General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance*; Attorney Review,/ RxYes Not applicable Electric Wastewater Water R Healthcare $ 2,503,985.03 *unaudited numbers period ending 5/30/22 $ 8,073,870,.33 Finance Signature: Administration Recommendation ex Adopt Resolution Other: 254 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-076 A Resolution Of The City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Enter Into A Contract With Logic Geophysics & Analytics LLC For Ground Penetrating Radar Services In The Amount Of $22,291, Plus A 10% Contingency Of $2,229, For A Total Amount Not To Exceed $24,520 WHEREAS, the City Cemetery is an important part of the Seward Community; and WHEREAS, this item was included in the 2022 budget; and WHEREAS, the Cemetery grounds are maintained by the Parks and Recreation Department, but the Community Development Department and City Clerk's Office manage the placement and records; and WHEREAS, over the years, people have been buried without markers or markers may have given way to the environment; and WHEREAS, it is vital for the collaborating city departments to have accurate information and records for maintaining the history and planning for growth; and WHEREAS, the City would like to eventually provide the public access to these records and locations online; and WHEREAS, the use of ground penetrating radar will enable the city departments to be able to provide that information with confidence. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with Logic Geophysics & Analytics LLC for ground penetrating radar services in the amount of $22,291, plus a 10% contingency of $2,229, for a total amount not to exceed $24,520. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of June, 2022. 043.7 Logic Geophysics & Analytics LLC Proposal for Services For Geophysical Surveys of the City Cemetery in Seward, Alaska May 19, 2022 Courtney L. Bringhurst Planner City of Seward Alaska cbringhurst@cityofseward.net Logic Geophysics & Analytics LLC (Logic Geophysics) is pleased to submit this proposal for geophysical services to support the City of Seward in their proposal for cemetery surveys in Seward, Alaska. Objectives/Scope of Work The objectives for the geophysical surveys are as follows: 1) Collect ground -penetrating radar (GPR) data over an area approximately 4 acres in size in Seward, Alaska as shown below in Figure 1 outlined in green; 2) Process and interpret the GPR data to identify anomalies indicative of burial sites; and 3) Provide the following corresponding deliverables: a. Real -world coordinates for the interpreted burials; and b. A report describing methods and results with figures. Figure 1: Outline of proposed survey areas within maintained area of cemetery in green. Additional data will be collected as time and conditions permit in the treed area (yellow) Logic Geophysics & Analytics LLC I Proposal 1 256 Proposed Methods Data will be collected within a pseudo -grid pattern, with lines oriented to best cross the suspected alignment of burials if known. The grid method is the industry best -practice and highest standard for archaeological surveys. The antennas will be mounted on a wheeled cart pushed down each transect with the project area. The control unit will collect data at 3-inch intervals by triggering off the attached odometer wheel. Grid line separation will be 1 foot. Using 1-foot line spacing is required in order to provide the data resolution essential for identifying data anomalies that may be indicative of graves, especially given the potential for unmarked sites. Increasing the line spacing to 2 or even 3 feet is tempting to reduce the time and cost, but wider spacing will not provide reliable or accurate grave locations. A V 5 W 10 30 76 30 73 a) b ) €� Q. ';dxctsau Figure 2: a) Logic Geophysics with ground -penetrating -radar system at the cemetery in Nome, Alaska; b) example of anomalies in data depth slices indicative of graves. Red colors are GPR data anomalies correlated with grave locations. Positioning To locate the surveys with respect to real -world coordinates, Logic Geophysics will employ Global Navigation Satellite System (GNSS) dual -frequency receivers operating in differentially corrected mode for accuracy of less than 1 foot. GNSS data will be tied directly to the geophysical data for real -world coordinate location of anomalies interpreted to be grave sites. All coordinates will be in WGS84, latitude and longitude, unless otherwise specified. Data Analysis Logic Geophysics will use industry -leading geophysical software and data processing workflows for processing and visualizing of collected geophysical data. These tools produce cross -sections of the subsurface profiles to interpret with respect to the survey objectives. Interpretation of the individual crass -sections can reveal excavations that often indicate grave sites. Subsequently, processing the profile data together produces data depth slices (Figure 2b). The depth slices often reveal coherent data anomalies indicative of grave sites. This method is the best -practice standard for archaeological surveys. 11 Logic Geophysics & Analytics LLC I Proposal 2 257 Accuracy and Limitations GPR is well established as the leading standard for archaeological and cemetery surveys. Simply put, GPR is the best available tool. However, while GPR is the best available tool, the technique is not infallible. Soil type is a strong predictor of efficacy. For example, true clay soils reduce or eliminate GPR signal penetration and make grave detection impossible. Site variables such as freeze/thaw layering, salinity, permafrost conditions, and surface roughness also impact results. Deliverables Upon project completion, Logic Geophysics will provide the following items: 1) Raw and processed geophysical data and field notes, if requested; 2) Georeferenced aps of data anomalies interpreted as grave locations; and 3) Report with a description of the methods employed and sample figures. Our goal is your complete satisfaction. After project completion, we will continue to work with the City of Seward to ensure the survey results can be implemented in the optimal manner for future site management. Pricing Table 1. The following cost will apply for the Surveys over the pro osed pro'ect area. Item Description Unit Rate Quantity Price 1. Mobilization and demobilization between Anchorage and LS 1 $1,691 Seward 2. Lodging and per diem in Seward Day TBD 5 TBD 3. Geophysical surveys, including GPR & GNSS equipment Day $2,100 6 $12,600 4. Data processing and visualization Hr $175 32 $5500 5. Report including figures and maps and georeferenced file LS 1 $2,40D delivery This summary is not a warrantv of final price. Estimates are subiect to chanae if Droiect specifications are changed or costs for services change before a contract is executed. Lnj services outside this scope of work will be charged at Logic Geophysics' 2022 Schedule of Charges. Any stand-by delays or weather delays or any other delays that are not the responsibility of Logic Geophysics will be charged at Logic Geophysics' 2022 Schedule of Charges. Assumptions and Limitations 1) GPR data will be collected in the maintained area of the cemetery only, with additional collection in the trees as time and conditions permits. 2) The City of Seward will provide all permits, property access, and regulatory details required for the performance of the proposed services. 3) The City of Seward will provide markers denoting the boundaries of the desired survey area on site with lathe or flagging before Logic Geophysics begins work. 4) Additional expenses due to changes in Covid-19 regulations, restrictions, or testing requirements from the time of this proposal will be billed to The City of Seward. 5) The City of Seward will provide vegetation clearing if required. 6) The City of Seward will be responsible for traffic control if required. 7) Weather delays will be charged at the rates shown in Table 1. 8) Lodging and per diem will be billed at cost +10%. Rates and availability for lodging are highly depending on timing. Logic Geophysics & Analytics LLC I Proposal 3 258 9) The site surface will be clear of debris, vegetation, vehicles, snow, standing surface water, and all other obstacles to the maximum extent possible, and must be accessible to a wheeled cart unless otherwise coordinated with Logic Geophysics. Areas with obstructions cannot be surveyed. Grass must be mown to short lawn height. 10) Logic Geophysics conducts surveys in accordance with best practices for the geophysical industry. However, geophysical methods are not infallible. No assumption of liability or warranty of results is implied or inherent by our performance of these services. Qualifications and Capabilities Personnel Qualifications Dr. Esther Babcock, the project geophysicist, is the GPR expert in the state of Alaska with over 10 years experience with data collection and processing including cemeteries around the state. She completed her Ph.D. in geophysics at Boise State University with a focus on ground - penetrating radar theory and practice. Dr. Babcock's GPR project experience covers many applications, such as contaminant mapping, snow and ice imaging, geologic mapping, utility locates, and, of course, archaeology and grave surveys. She has completed GPR projects in the Arctic, the lower 48, Antarctica, and throughout Alaska, including grave surveys, using all 3 commercially available GPR systems and 5 different GPR processing software platforms. In the last 5 years, Dr. Babcock has worked extensively with the Sensors & Software GPR systems that will be used on this project, including collecting, processing, and/or interpreting hundreds of miles of GPR data within the state of Alaska. Esther's biography, extended C.V., and list of publications are available on Logic Geophysics' website, at www.logicgeophysics.com/about. Health and Safety Logic Geophysics maintains the highest health and safety standards. Dr. Babcock, the project geophysicist, is highly experienced in operating at remote sites for extended periods of time. She has conducted geophysical data acquisition and on -site data quality assurance, processing, and interpretation from the Arctic (e.g. Point Lonely, Alaska, and Inuvik, Canada) to the Antarctic (McMurdo Dry Valleys) to the tropics (Africa and Hawaii). Her work in Alaska ranges from the North Slope to the Southeast, throughout the Interior, the Aleutians, and the YK Delta. Dr. Babcock holds the following relevant safety qualifications: State of Alaska Emergency Trauma Technician; 40-Hour HAZWOPER with 8-Hour refresher training; current HAZWOPER physical; North Slope Training Co-operative Unescorted Training with H2S; First Aid and CPR certification; Department of Interior Safety and Occupational Health certification; National Safety Council Defensive Driving; and Safety Introduction to Industrial Hygiene. Conclusion Logic Geophysics & Analytics LLC is pleased to provide this proposal for this scope of work in Seward, Alaska. We look forward to the opportunity to work with the City of Seward on this project and others in the future. Please contact me if you have any questions. Sincerely, Esther Babcock, Ph.D. President/Chief Geophysicist Logic Geophysics & Analytics LLC ebabcock@loqicqegphysics.com Ph: (907) 744-8111 11 Logic Geophysics & Analytics LLC I Proposal 4 259 (fq f-0 tAactc R Courtney Bringhurst From: Matt Turner <geomodel@geomodel.com> Sent: Wednesday, May 18, 2022 4:08 AM To: Courtney Bringhurst Subject: Alaska, Seward, GPR Cemetery Survey Quote External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Courtney, GeoModel has decided to not bid on this project. We are based on the US mainland and are not planning to go to Alaska any time soon. Keep looking on the Internet. Best, Matt Turner GeoModel From: Courtney Brin hurst Sent: Tuesday, May 17, 2022 8:46 PM To: Matt Turner Subject: Re: Alaska, Seward, GPR Cemetery Survey Quote Matt, The wooded area in the highlighted section is the Jesse Lee Cemetery. It will not be cleared in the near future, and doesn't need to be included in the GPR survey quote. We are primarily focused on surveying the maintained portion of the Seward City cemetery highlighted in the first map that I sent you and the other portion highlighted in this second map (see attachment). Let me know if you have any other questions. Thank you, Courtney From: Matt Turner <geomodel@geomodel.com> Sent: Tuesday, May 17, 2022 6:23 AM To: Courtney Bringhurst <cbringhurst@cityofseward.net> 1 260 Cc: mat@geomodel.com <mat@geomodel.com> Subject: Alaska, Seward, GPR Cemetery Survey Quote External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Courtney, Thank you for your email. I looked on Google Maps and I found the area that is included on the GIS map that you emailed to us. The western area is labeled as part of the Jesse Lee Home Cemetery. The area in the lower right, which you stated is owned by the City of Seward, is labeled as part of the Pioneers Cemetery. Is the wooded (not maintained) area to the north part of the Jesse Lee Home Cemetery or the Pioneers Cemetery? To get good GPR data, the wooded (not maintained) area would need to be cleared of brushy undergrowth and surface debris, prior to our grave scan, without disturbing the ground or any stones that could be headstones. Let me know if the wooded area would be cleared prior to our grave scan and be part of the area to be surveyed for our quote. Regards, Matt Turner, PG GeoModel, Inc. From: Courtney Brinkhurst Sent: Monday, May 16, 2022 1:52 PM To: geomodel@cieomodel.com Subject: GPR Survey Quote Good Morning, 2 261 The City of Seward is currently trying to locate all of the graves in our City cemetery. Would you be able to perform a GPR survey over that property to determine where graves are? The cemetery is approximately 5.15 acres. If this is a service that you offer, we would love to receive a price quote for how much it would cost to have a GPR survey done of the cemetery. I have attached an aerial image of the cemetery. The City owns the property highlighted in yellow, as well as the rectangle of land in the bottom right corner. As you can tell from the imagery, there is quite a bit of land that is not maintained. There are historic graves in the trees, that we would like to located and mark if possible, however, the areas of the cemetery that are more maintained are the priority. If possible, we would like this work performed sometime this summer or fall. If you need more specific information in order to provide us with a quote, just let me know. Thank you! CourtnCy L.. BH11 htirst Planner City of Seward Alaska f►4M 263 6eoTx-V Arias Courtney Bringhurst From: Katherine Smith <KSmith@geotekalaska.com> Sent: Monday, May 16, 2022 10:21 AM To: Courtney Bringhurst Cc: Scott Vojta Subject: RE: GPR Survey Quote External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Courtney, Unfortunately our lead geophysicist retired a bit over a year ago, and we are currently not providing geophysical services. can direct you to another company, who should be able to assist you. Logic Geophysics M1 https://www.logicgeophysics.com/ 4 "6, cl- Phone 907-744-8111. Katherine Smith, Office Manager GeoTek Alaska, Inc. PO Box 141007 Anchorage, Alaska 99514-1007 Phone 907-569-5900 Fax: 907-929-5762 ksmith@geotekalaska.com From: Courtney Bringhurst <cbringhurst@cityofseward. net> Sent: Monday, May 16, 2022 9:55 AM To: Katherine Smith <KSmith@geotekalaska.com> Subject: GPR Survey Quote 'EXTERNAL' Good Morning, The City of Seward is currently trying to locate all of the graves in our City cemetery. Would you be able to perform a GPR survey over that property to determine where graves are? The cemetery is approximately 5.15 acres. If this is a service that you offer, we would love to receive a price quote for how much it would cost to have a GPR survey done of the cemetery. I have attached an aerial image of the cemetery. The City owns the property highlighted in yellow, as well as the rectangle of land in the bottom right corner. As you can tell from the imagery, there is quite a bit of land that is not maintained. There are historic graves in the trees, that we would like to located and mark if possible, however, the areas of the cemetery that are more maintained are the priority. If possible, we would like this work performed sometime this summer or fall. i 264 If you need more specific information in order to provide us with a quote, just let me know. Thank you! Courtney L. Bringhurst Planner City of Seward Alaska 2 265 �JS Courtney Bringhurst From: Adam McCullough <Adam.McCullough@nv5.com> Sent: Tuesday, May 3, 2022 12:26 PM To: Courtney Bringhurst Subject: Re: Seward Cemetery GPR Follow Up Flag: Follow up Flag Status: Flagged External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Courtney - Would you anticipate releasing this work out for competitive bidding? Our costs are generally valid for the year in which they were developed. We do often supply budgetary figures that can be used for planning a publicly released bid, and when we respond we can see where our budgets fit in during that time. If it's a lowest cost bid we don't often respond unless we bring a unique approach. Our expertise is in geospatial data collection and analytics. I would envision we would bring value if there was a data synthesis and analysis/reporting component, but I am not sure we bring could stand out if price alone is the determining factor. Would you anticipate incorporating some level of analysis? Adam C. McCullough I Alaska Program Manager I NV5 Geospatial 2014 Merrill Field Dr. I Anchorage, AK 99501 C: 907-632-4364 1 P: 907-771-5232 adam.mccullough@nv5,com Electronic Communications Disclaimer From: Courtney Bringhurst <cbringhurst@cityofseward. net> Sent: Tuesday, May 3, 2022 11:57 AM To: Adam McCullough <Adam.McCullough @nv5.com> Subject: RE: Seward Cemetery GPR Adam, Thanks for checking on that for us. Although the City was hoping to have a GPR survey done this year, it is not an extreme priority. So, if we need to wait a year for an opening with your GPR team and units, that would be okay with the City. I have reached out to the local contacts you suggested, and have received a cost estimate from one of them. We were hoping to have a couple different cost estimates to be able to compare. Can your estimator provide a cost estimate for us with the understanding that it might not happen until next year if we do select NV5 to do the project? If your estimator doesn't typically provide quotes for services that far in advance, we understand. Thanks again for helping us out and providing additional contacts, Courtney L. Bringhurst Planner City of Seward Alaska i 266 From: Adam McCullough <Adam.McCullough@nv5.com> Sent: Friday, April 29, 2022 3:46 PM To: Courtney Bringhurst <cbringhurst@cityofseward.net> Subject: Re: Seward Cemetery GPR External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Courtney - Checking with our GPR team it sounds like our units are booked almost solid on road projects across the U.S. I have been cautioned against signing up for new surveys. They suggested I reach out to a local sub for the GPR acquisition. We could perform analysis and data development if that adds value, but we may just unnecessarily be adding cost. If you need additional bids, I might also recommend reaching out to GeoTek in Anchorage. http://www.geotekalaska.com/ What are your thoughts? Adam Adam C. McCullough I Alaska Program Manager I NV5 Geospatial 2014 Merrill Field Dr. I Anchorage, AK 99501 C: 907-632-4364 1 P: 907-771-5232 adam.mccullouah@nv5.com Electronic Communications Disclaimer From: Courtney Bringhurst <cbringhurst@cityofseward.net> Sent: Friday, April 29, 2022 11:34 AM To: Adam McCullough <Adam.McCullough 2nv5.com> Subject: RE: Seward Cemetery GPR Adam, I have attached an aerial image of the cemetery, The City owns the property highlighted in yellow, as well as the rectangle of land in the bottom right corner. As you can tell from the imagery, there is quite a bit of land that is not maintained. There are historic graves in the trees, that we would like to located and mark if possible. We are also aware of other graves in the maintained portion of the cemetery that are not marked. Our primary objective is to survey the entire cemetery to identify all the locations where bodies have been buried, so that we can then create a grid showing where new grave permits and reservations can be purchased. 2 267 If you could send us a quote within the next couple weeks that would be sufficient. Thank you, Courtney L. Bringhurst Planner City of Seward Alaska From: Adam McCullough <Adam.McCullough a@nv5.com> Sent: Friday, April 29, 2022 10:41 AM To: Courtney Bringhurst <cbringhurst@cityofseward.net> Subject: Re: Seward Cemetery GPR External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Courtney - we certainly can. Do you happen to have the exact area outlined? I think there are four cemeteries in Seward, correct? The area would be used as the basis for pricing level of effort. Do you have a known data resolution and list of data products of interest to help you compare quotes, or would you like us to make a recommendation based on the objective? Is there a need for us to perform analysis, i.e. identify signatures in the data that may be "features of interest" etc? Our main estimator is out today but will be returning next week. I believe his backlog is piling up but would one -week be sufficient to provide a quote? We are happy to help. Thank you, Adam Adam C. McCullough I Alaska Program Manager I NV5 Geospatial 2014 Merrill Field Dr. I Anchorage, AK 99501 C: 907-632-4364 1 P: 907-771-5232 adam. mccu I loug h (d) nv5.com Electronic Communications Disclaimer From: Courtney Bringhurst <cbringhurst@cityofseward.net> Sent: Friday, April 29, 2022 10:29 AM 3 268 To: Adam McCullough <Adam.McCullough@nv5.com> Subject: RE: Seward Cemetery GPR Adam, I know you mentioned that with your GPR sensors located nationwide it could make surveying the Seward City cemetery quite expensive, however, could you possibly prepare a price quote for us so that we can see what the cost would potentially be? Thank you! Cotn-tney L. Bt-inghurst Planner City of Seward Alaska From: Adam McCullough <Adam.McCullough@nv5.com> Sent: Wednesday, April 27, 2022 12:14 PM To: Courtney Bringhurst <cbringhurst@cityofseward.net> Subject: Seward Cemetery GPR External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Courtney - I am writing from NV5's office in Anchorage. This is an interesting data objective for GPR. We have several GPR sensors that would fit the need, but they are nationwide assets and would likely be expensive to mobilize to Alaska for this project. We may have a few of them up here later in the year for some underground utility work on military installations. That said, I can think of a couple local contacts that have GPR capabilities that may be good to contact. Logic Geophysics https://www.logicgeophysics.com/ Contact Esther Babcock, Ph.D. President/Geophysicist Logic Geophysics & Analyfics LLC www.logicgeophysics.com Ph: (907) 744-8111 Bell & Associates https.//belialaska.com 4 269 Contact Kirstyn Draper Project Manager Bell & Associates 801 W. Fireweed Ln. Ste. tt 201 1 Anchorage, AI( 99503 Cell 907.331.8433 1 Office 907.274.5257 Let me know if I can be of assistance. We generally have our aircraft over Seward every summer so if you have any need for aerial imagery or lidar that can assist in your investigation please let me know. We likely have the area covered in the archives. Oftentimes, the outlines of disturbed lands can be seen in the bare earth coverage in lidar. Good luck! Adam Adam C. McCullough I Alaska Program Manager I NV5 Geospatial 2014 Merrill Field Dr. I Anchorage, AK 99501. C: 907-632-4364 1 P: 907-771-5232 adam.rnccullough@nvS.com Electronic Communications Disclaimer From: info@nv5.com <info@nv5.com> on behalf of nv5.com <info@nv5.com> Sent: Wednesday, April 27, 2022 1:26:07 PM To: nv5g-Marketing <marketint;@quantumspatial.com> Subject: Geospatial contact First Name Courtney Last Name Bringhurst Company City of Seward Email Address cb ri nghurst(& cityofseward. net Your Message Good morning, Do you offer a ground penetrating service that could do a survey of the cemetery in Seward to locate where bodies have been buried? If so, could you send me a quote of what that would cost? The cemetery is approximately 5.15 acres. Thank you! Courtney 5 270 From: Casie Warner To: Stephen Sowell Cc: Jodi Kurtz; Janette Bower; Katie Cornwell Subject: Re: HYPER Financial Reports Date: Tuesday, May 24, 2022 10:12:21 AM Attachments: imaae004.ma imaae002.ma imaae003.ma HYPER External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Stephen, Below is the response I received from Katie Cornwell, Seward Prevention Coalition Executive Director, in regards to councils questions. The $15k is a one time fee on the $100k we held back from investment as cash. There is a 15% admin fee on all funding over $1 Ok that included payroll needs. $400k was invested and as funding gets pulled out of the account there will be a 15% admin fee included in those funds. There is no fee applied to the $400k that is invested, it will only be applied to what gets used/pulled out of investment. We chose to keep $100k in cash for easy access for the program while it develops and to allow for the investment to grow. We anticipate, based on current spending, that the $100k will take a year or two to fully spend out before the invested funds need to be accessed. Casie Warner On May 23, 2022, at 1:56 PM, Stephen Sowell <ssowell@ city ofseward.net> wrote: Good Afternoon Casie, We received a question from a Council member regarding the financials in the packet for tonight's meeting: Is the "Administrative Overhead Expense" for $15,000 a one-time administrative fee or recurring? If recurring, how frequently? Thank you, Stephen Sowell Assistant City Manager City of Seward, Alaska www.citvofseward.us 0-907-224-4066 C-907-362-4062 W F-907-224-4038 From: Casie Warner <casie@spcalaska.org> Sent: Monday, May 16, 2022 7:16 PM To: Stephen Sowell <ssowell@cityofseward.net> Cc: Jodi Kurtz <jku rtz@cityofseward. net>; Janette Bower <jbower@cityofseward.net>; Katie Cornwell <katie@spcalaska.org> Subject: Re: HYPER Financial Reports External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jodi and Stephen, Below are the most current HYPER financial reports. The Seward Prevention Coalition financial director will provide me (which I will then share with the city) monthly statements as she closes out each month. Please let me know if you have any questions. Casie Warner On May 4, 2022, at 8:35 AM, Stephen Sowell <ssowellPcityofseward.net> wrote: Casie, My apologies for any miscommunication. Sounds like Council wants the financials monthly and only a presentation when there is an update on the project. Based on this, please just email Jodi the financials monthly and reach out to setup a presentation when the project has updates you think folks would be interested in. Again, my apologies for any lack of clarity on this, that is on me! Thank you, 'rAFf: Stephen Sowell Assistant City Manager City of Seward, Alaska www.cityofseward.us 0-907-224-4066 C-907-362-4062 F-907-224-4038 From: Casie Warner <casiel@spcalaska.org> Sent: Tuesday, May 3, 2022 5:09 PM To: Jodi Kurtz <ikurtz(a)cityofseward.net> Cc: Stephen Sowell <ssowellC@cityofseward.net>, Janette Bower <ibower(a)cityofseward. net> Subject: Re: HYPER Financial Reports External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jodi, I will reach out to the SPC financial director and get a copy of the current accounts. I was contacted by Stephen (I CC'd him) to do a presentation to council and we had agreed on May 23rd. Stephen- is this something that administration and council are still wanting? Or is it just the financials that are being requested? Thank you, Casie Warner On May 3, 2022, at 4:47 PM, Jodi Kurtz <ikurtzC@cityofseward.net> wrote: Sorry for the confusion. Council is asking for just financials, they are not needing/wanting a presentation unless something has changed. So if you have the financials we can just provide them at this May 9th meeting, and then you will 273 be good for now. Then if something changes you can let us know and we can put you on for a presentation. Is it possible to get the financials today or early tomorrow morning to go in this packet, and if I get them in time to be printed with this packet, they will go into the 9th, if not I will have them in the 23rd meeting Again sorry for confusion. Jodi From: Casie Warner <casiePspcalasl<a.org> Sent: Tuesday, May 3, 2022 4:26 PM To: Jodi Kurtz <ikurtzPcityofseward.net> Subject: Re: Financial Reports External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jodi, I am presenting on May 23rd I thought? If council wants financials outside of my presentation I can definitely provide them. Casie Warner On May 3, 2022, at 4:21 PM, Jodi Kurtz <ikurtzC@cityofseward.net> wrote: Hi Casie Do you have the financial reports for the HYPER so I can include them in the Council Meeting for the9th*? Thanks Jodi Kurtz 274 Executive Administration Assistant City of Seward 410 Adams St. PO Box 167 Seward, AK 99664 907-224-4047 ikurtz e cityofseward.net www.cityofseward.us MA 22 SuMo TuWFr Sa SuMo TuWTh Fr Sa June 2022 June e Th July e Th 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 29 30 31 Jun 1 2 3 4 2:OOpm PACAB AD Hoc Committee -Mtg (Library) 5 6 7 8 9 10 7:OOpm P&Z Mt 12:OOpm PACAB� Oam - 4:00pri (Regular Special Mtg rimary (Election Mee..tulga ........................... (Resolution Day 2.2.-00..6).................... ham b_e.rs) ................... 12 13 14 15 16 17 18 7:OOpm CC Mtg 6:OOpm PZ Work 1:OOpm PACAB (Council Session Ad Hoc hamb_e.rs).. CANCELLED Committee (Continue (For Funding Discussion on the Heat Loop Regulation Project - Meet Strategies for Short Term a1 s)..................... 19 20 21 22 23 24 25 ---------------- 6:OOpm P&Z Work Session (Continue Discussion on Regulation Strategies for Term E Is)................................. 26 27 28 29 30 Jul 1 2 5:30pm Board of Adjustment Appeal H-eariag................................ 7:OOpm CC Mtg .ham b e rs)............... pecial Council Calendar 1 6/8/2022 11:04 AM 276 July 2022 SuMo July August TuWa Th Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 9 HOLIDAY 7:00pm P&Z Mt (Regular Meeting) 10 11 12 13 14 15 16 7:00pm CC Mtg (Council hamb_e.rs).................. 17 18 19 20 21 22 23 n Mo .................. 24 25 26 27 28 29 30 7:OOpm CC Mtg ha m b e rs)............... 31 Aug 1 2 3 4 5 6 Council Calendar 2 6/8/2022 11:04 AM 277 August September 2022 022 August 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa Th 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 910 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 31 Aug 1 2 3 4 5 6 7:00pm P&Z Mt (Regular Me.e..t i ag)........................... 7 8 9 10 11 12 13 7:OOpm CC Mtg (Council -Chambers) .................. 14 15 16 17 18 19 20 21 23 24 25 26 27 6:00pm P&Z (7:00pmCC Mtg h. Work Session (Council hamb_e.rs) ................... 28 29 30 31 Sep 1 2 3 Council Calendar 3 6/8/2022 11:04 AM 278