HomeMy WebLinkAboutRes1994-022
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Sponsored by: lones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE EXECUTION OF A
DEVELOPMENT AGREEMENT FOR THE NASH ROAD SMALL BOAT HARBOR,
AND PROVIDING FOR RELATED MA TIERS
WHEREAS, the City of Seward, Alaska (the "City"), is a home rule city and under
Section 11 of Article X of the Alaska Constitution may exercise all legislative power not
prohibited by law or by the Charter of the City, and it has been determined that the
matters set forth in this Resolution are not prohibited by law or the Charter; and
WHEREAS, Al Schafer (the "Developer") owns certain real property on the east
side of Resurrection Bay within the City of Seward; and
WHEREAS, the City owns certain tidelands adjacent to the Developer's property,
and has obtained a permit from the United States Army Corps of Engineers for the
construction of a harbor basin and breakwater on those tidelands; and
WHEREAS, the Developer proposes to construct on the tidelands with private
funds a small boat harbor, and develop the Developer's adjacent property for uses related
to the small boat harbor; and
WHEREAS, the City has determined that it would be in the public interest to
support the construction of the small boat harbor to provide needed additional boat
moorage within the City, and to aid in the economic development of the City, and to
enter into an agreement with the Developer stating the respective duties and obligations
of the City and Developer with respect to planning for, and construction and operation
of, the small boat harbor; and
WHEREAS, there has been presented to the City the form of a Development
Agreement (the "Agreement") which the City proposes to enter into with the Developer
for that purpose; and
WHEREAS, it appears that the Agreement, which now is before the City, is in
appropriate form and is an appropriate instrument for the purposes intended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The form and content of the Agreement be and the same hereby are
in all respects authorized, approved and confirmed, and the City Manager and Assistant
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CITY OF SEW ARO, ALASKA
RESOLUTION NO. 94-022
City Manager be and each hereby is authorized, empowered and directed to execute and
deliver said document to the counterparty for and on behalf of the City in substantially
the form and content now before this meeting but with such changes, modifications,
additions and deletions therein which shall to them seem necessary, desirable and
appropriate, the execution thereof to constitute conclusive evidence of the approval of
any and all changes, modifications, additions or deletions therein from the form and
content of the said document now before this meeting, and that, from and after the
execution and delivery of the said document, the City Manager, Assistant City Manager
and the City Clerk are hereby authorized, empowered and directed to do all such acts
and things and to execute all documents as may be necessary to carry out and comply
with the provisions of the document as executed.
Section 2. The City Manager, Assistant City Manager, City Clerk or any other
person authorized by the City be and each hereby is authorized to execute and deliver
for and on behalf of the City any and all additional certificates, documents, opinions or
other papers and perform all other acts as they may deem necessary or appropriate in
order to implement and carry out the intent and purposes of this Resolution.
Section 3. The provisions of this Resolution are hereby declared to be separable
and if any section, phrase or provision shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of the sections, phrases or
provision.
Section 4. Upon adoption of this Resolution, the Clerk of the City shall cause a
true copy of same to be posted on the City Hall bulletin board as provided in Seward
City Code Section 2.15.035(0).
Section 5. This Resolution shall become effective upon passage and approval
in accordance with Seward City Code Section 2.15.050(C).
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
14th day of February, 1994.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-022
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Anderson, Bencardino, Crane, Krasnansky, O'Brien & Sieminski
None
None
Darling
\'\,)(."-:.... '. {J, /~ .~~ I Df-(' ....~
.(.o( Linda S. Murphy, CMC/AAE
City Clerk
(City Seal)
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
~M~
City Attorney
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DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT dated as of February 1, 1994, by and
between the CITY OF SEWARD, an Alaska municipal corporation (the
"city"), and AFOGNAK LOGGING, a Division of Kodiak Lumber Limited
(the "Developer").
WHEREAS, the Developer owns certain real property on the east
side of Resurrection Bay within the city of Seward, and more
particularly described as NW l/4 NE 1/4 Section l, TIN, RIW, Seward
Meridian and Government Lot 3, section 1, TIN, R1W, Seward
Meridian, as shown on the attached Exhibit "A" (the "Developer
Property"); and
WHEREAS, the city owns certain tidelands within the
construction limit boundary (the "Project Site") adjacent to the
Developer Property, as more particularly described on the attached
Exhibit "B", and has obtained a permit from the United States Army
Corps of Engineers for the construction of a harbor basin and
breakwater on the Project Site, a true and correct copy of which
permit is attached as Exhibit "C"; and
WHEREAS, the Developer proposes to construct on the Project
site with private funds a small boat harbor, including a
breakwater, harbor basin and floats (the "Project") in accordance
with the United States Army Corps of Engineers permit obtained by
the city, and to develop the Developer Property for uses related to
the small boat harbor; and
WHEREAS, constructing the project will require the placement
of fill and performance of other work on property located adjacent
to the Project site, which includes the Developer Property and
property of others, identified as "lands of Schafer" and "lands of
Darling" on the attached Exhibit "A" (collectively the "Upland
Property"); and
WHEREAS, the city has determined that it would be in the
public interest to support the construction of the project to
provide needed additional boat moorage within the City, and to aid
in the economic development of the city; and
WHEREAS, in exchange for its support of the Project, the city
desires assurances that the Developer will proceed with diligence
to construct the Project in accordance with plans mutually agreed
upon by the city and the Developer, and the Developer desires
assurances that the City will meet its commitments to support the
Project; and
WHEREAS, the parties desire to enter into an agreement stating
their respective duties and obligations with respect to the
City of Seward
Develop.ent Agree.ent
Page 1
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project.
NOW THEREFORE, for and in consideration of the mutual promises
and covenants hereinafter contained, the parties hereto agree as
follows:
ARTICLE 1 - PROJECT PHASES
The Project will be developed in three phases: (i) planning,
(ii) construction, and (iii) operation.
ARTICLE 2 - PLANNING PHASE
2.1 Development of Master Plan. The Developer shall prepare
a master plan (the "Master Plan") for the project, the Upland
property, and surrounding properties, encompassing the area
depicted on the Exhibit "D" (the "project Area"). The Master Plan
shall consist of maps, other graphic materials and text as
necessary to depict and address the following:
A. Existing conditions in the Project Area, including
land uses, topography, roads and other transportation facilities,
utility facilities, land ownership boundaries, and location of
existing structures.
B. Location and description of all construction
proposed to be undertaken as part of the Project, including grading
plans, location of all road, utility and other improvements,
proposed land uses, and proposed lot and tract boundaries.
C. Proposed zoning and subdivision regulations, and
proposed covenants, conditions and restrictions governing the use
of land within the Project Area.
D. Proposed construction budget, including reserves and
contingencies, with documentation that the proposed budget is
sufficient to provide, with reasonable contingencies, for all costs
of constructing the project, and roads and utility facilities
required to serve the Project.
E. Proposed project schedule, providing times required
for design, permitting and construction of all items included in
the proposed construction budget.
F. References and level of detail differentiated as
follows:
1. High detail relating to the Project site and
the portion of the Developer Property for which the Developer will
City of Seward
Develop.ent Agree.ent
Page 2
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be obtaining a conditional use permit.
2. Second level of detail for the remainder of the
Developer Property.
3. Third level of detail as to the area identified
as "lands of Darling" and "lands of Murawsky" on the attached
Exhibit A.
4. Fourth level of detail as to the area
identified as "lands of Alaskan Barge and Salvage" on the attached
Exhibit A.
5.
the project Area.
Fifth level of detail as to the remainder of
G. Any development on the Upland Property shall be
directed and funded by the individual owners of the Upland
Property. At the time of the city's approval of the Master Plan,
the individual owners shall agree in writing to the Master Plan
insofar as it affected their property.
The Master Plan shall contain references to potential utility
expansion into the general area and other area improvements,
including the potential for resident-driven annexation efforts.
H.
the proj ect .
analysis and a
entity.
The Master Plan shall describe plans for financing
Detail shall be provided in the form of a cost
finding of financial feasibility by the financing
2.2 Review of Master Plan.
A. The Developer will provide the city a reasonable
opportunity to review drafts of the Master Plan, and to work with
the Developer's employees and contractors during development of the
Master Plan.
B. The Developer will complete the Master Plan and
submit one full-sized and eight reduced copies of the Master Plan
to the city no later than June 15, 1994. Within ninety (90) days
of receipt of the completed Master Plan, the City shall provide the
Developer with its written comments on the Master Plan.
Thereafter, the city and Developer shall attempt to resolve any
differences concerning the Master Plan.
c. The Developer also will furnish copies of the Master
Plan to other owners of the Upland Property, obtain their comments
thereon, and attempt to resolve with the other owners of the Upland
Property any differences concerning the Master Plan.
City of Seward
Develop.ent Agree.ent
Page 3
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2.3 Payment for Master Plan. The City shall pay one-half of
the Developer's cost of preparing the Master Plan, up to a maximum
of $5,000. Payment shall be in the form of reimbursement for
expenses incurred by the Developer in preparing the Master Plan.
Reimbursement shall be due 30 days after receipt by the City of the
Developer's invoice, supported by documentation of expenses
incurred in a form reasonably satisfactory to the City.
2.4 Termination of Aareement at End of Plannina Phase. This
Agreement shall terminate with no further liability on the part of
either party, except for the payment due from the city to the
Developer under section 2.3 if either:
A. The City fails to approve the Master Plan before
september 15, 1994 for any reason deemed sufficient by the city,
including without limitation that the City determines it is not
feasible for the city to finance the cost of constructing utilities
as described in section 4.2; or
B. The owners of the Upland Property other than the
Developer fail to consent in writing before September l5, 1994 to
the placement of fill on their property as necessary to construct
the Project as described in Exhibit C, to the application for the
conditional Use Permit described in paragraph 2.5 hereof and to all
necessary consents, permits, licenses and easements, as applicable.
2.5 Condi tional Use Permit. Upon City approval of the Master
Plan, with or without modifications, the Developer shall, jointly
with the other owners of the Upland Property and at its own
expense, apply to the Seward Planning and zoning commission for a
conditional use permit for the Project in accordance with the
approved Master Plan. Upon the Developer's request, the City shall
indicate orally, in writing, or both, that (i) the project will be
constructed under an agreement between the Developer and the City
on land owned by the City, and (ii) the City expects that the
project will produce substantial public benefits and is in favor of
the construction of the Project in accordance with the approved
Master Plan. Review of the Developer's conditional use permit
application by the Seward Planning and Zoning Commission shall be
conducted by the Commission in its sole discretion under the Code
of Ordinances of the City of Seward. Nothing in this Agreement
shall bind the Commission to take any action with respect to the
conditional use permit application.
ARTICLE 3 - CONSTRUCTION PHASE
3.1 A. Lease of proiect site. Upon final approval of the
conditional use permit for the Project, the city shall offer to the
Developer a lease of the Project site (the "Lease") for a term of
five (5) years and any extension thereof, or until completion of
City of Seward
Develop.ent Agreelent
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construction of the Project, whichever occurs first. The City may
enter into the Lease only upon City Council approval of a
resolution approving the terms and conditions contained in the
Lease, which will be submitted to the Council after those terms and
conditions have been negotiated. Rent for the Lease term shall be
the sum of $lO.OO per year. The provisions of the Lease shall be
substantially similar to the provisions of other City tidelands
leases, and shall include any provisions required by the Charter or
Code of Ordinances of the City, or state or federal law, in effect
at the time the Lease is issued.
The Developer shall be entitled to a one-time eighteen (18)
month automatic extension to the Lease term upon its written
request if construction of the proj ect has commenced and the
Developer is diligently proceeding to completion of the Project.
The Lease shall also contain an agreed upon force maieure clause,
which shall automatically extend the Lease's term during all
applicable periods of force maieure.
A memorandum of the Lease's terms shall be recorded promptly
after the Lease's execution.
B. Title Insurance. Concurrently with the execution of
the Lease, the City shall deliver to the Developer a preliminary
commitment for title insurance on the project Site, which shall
evidence the City's clear title to the Project Site, subject only
to exceptions acceptable to the Developer. The City shall bear the
cost of the preliminary commitment for title insurance.
3.2 Riqhts of city under Corps of Enqineers Permit. The City
shall assign to the Developer, in such manner as is permitted by
law, and subject to conditions, if any, imposed by any regulatory
authority with jurisdiction, its right to construct the Project
under the permit therefor issued to the City by the United States
Army Corps of Engineers.
3.3 Construction of Proiect. Upon approval of the
conditional use permit, the Developer shall proceed with diligence
to construct the project. The construction of the Project shall be
subject to the following conditions:
A. All costs of construction shall be borne and paid
for by the Developer.
B. The Project shall at all times be kept free of
mechanics' and materialmen's liens, except for those liens which
the Developer is disputing in good faith in accordance with Alaska
statute 34.35.072.
C. The Developer shall supply the City with a copy of
all construction plans and specifications for the Project.
City of Seward
Develop.ent Agree.ent
Page 5
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D. Any contractor employed by the Developer shall be
appropriately bonded by use of performance and labor and material
payment bonds in the customary form. Copies of all such bonds
shall be furnished to the City prior to commencement of
construction. In the event that the Developer elects to construct
the project with its own personnel and equipment, an appropriate
form of performance guaranty shall be required. In the
alternative, the city shall accept a loan commitment from the
institution financing the Project in the place of a performance
guaranty; provided that the loan commitment shall permit
disbursement of loan proceeds at a rate no faster than
proportionally to the percentage of Project completion.
E. The City may, as contemplated by the Alaska
statutes, give notice of non-responsibility for the construction of
the Project.
F. The Developer shall comply with all federal, state
and local statutes and regulations with respect to the construction
of the Project, including without limitation the terms and
conditions of the city's permit from the United states Army Corps
of Engineers for the Project.
G. The Developer shall maintain adequate Workers
Compensation and Public liability insurance protecting the City
from liability in connection with the construction of the Project
with limits and terms acceptable to the City's Risk Manager.
H. In addition to the evidence of financing described
in 3.3. D, Developer shall submit to the City a finding of the
Project's financial feasibility prepared by the financing entity or
by an independent financial consultant acceptable to the City. The
Project feasibility analysis shall be submitted prior to initiation
of Project construction.
3.4 city Review of Construction. The City, through its
designated representatives, shall have the right to review and
approve the Developer's construction plans and specifications for
the Project and may monitor the work and shall have access to the
Project site at all reasonable times; however, the City shall not
have any obligation to do so nor any obligation to do so in a
particular way. wi thin sixty (60) days of its receipt of such
plans and specifications, the eity shall provide the Developer with
its written comments thereon. The City'S failure to timely provide
written comments shall be deemed as consent to the plans and
specifications.
3.5 Convevance of Proiect site to Developer. Upon completion
of construction of the Project, including receipt by the Developer
of all necessary governmental approvals of the Project as
completed, the City shall convey its interest in the Project site
City of Seward
Develop.ent Agree.ent
Page 6
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to the Developer by quitclaim deed.
without warranty of any kind.
Such conveyance shall be
3.6 Developer's Duties upon Lease Termination~ citv's option
to Purchase. If the Lease (i) terminates before Project
construction is completed, or (ii) is terminated by the city
because the Developer defaults under a provision of this Agreement
or the Lease, and thirty (30) days after written notice thereof
from the city either (i) the Developer has failed to cure such
default, or (ii) if such default cannot reasonably be cured within
thirty (30) days, the Developer has failed to commence with
diligence to cure such default, then:
A. Developer shall return the Project Site to the city
in substantially the same condition as at the commencement of this
Agreement: however, the city may, at its option, waive in writing
the Developer's obligation to remove improvements from the Project
site or restore original Project site contours. The Project site
shall be free of all hazardous materials in violation of law
arising out of or resulting from the Developer's operations. The
Developer also shall, upon the City'S request, promptly reassign
the United States Army Corps of Engineers permit for the Project to
the city: and
B. City shall have the option to purchase from the
Developer at a price of $10.00 a right-of-way or easement on the
Developer Property, as needed for the city to obtain access to the
project.
ARTICLE 4 - CITY SUPPORT OF CONSTRUCTION PHASE
4.1 In General. In consideration of the public benefits
arising from the construction of the Project, the City will support
the construction of the Project as provided in this Article.
4.2 eonstruction of Utilities.
A. The City shall use its best efforts to provide a
method of financing the cost of constructing (i) water utility
facilities consisting of wells, a reservoir and a transmission line
to the project Site, capable of delivering l,OOO gallons per minute
of water to the project site; and (ii) sewer utility facilities
consisting of a main from a point within the project site and
required treatment facilities. "Best efforts to provide a method
of financing" may include, at the city's discretion, presenting
bond propositions to the voters of the City, applying for federal
or state grants, proposing to benefitted landowners the formation
of an assessment district or districts, charging connection fees to
other users of the utility facilities, or allowing tax credits to
the Developer to the extent permitted by state statute and the
City of Sewa rd
Develop.ent Agree.ent
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City's charter; provided, however, that if such financing is
through tax credits, the period for recoupment of utility costs
shall equal the number of years determined by dividing (i) the cost
of utility facilities provided at the expense of the Developer by
(ii) the annual City real property tax levied on the Developer
Property and Project site in the year after the Project Site is
conveyed to the Developer.
B. The design and location of the water and sewer
utility facilities shall be determined as parts of the approved
Master Plan. The City shall be responsible for obtaining all
easements and rights-of-way for the location of utility facilities
on the Upland Property. The Developer shall be responsible for the
expense of constructing all water distribution and sewage
collection facilities on the Project site or the Developer
Property. The provision of water and sewer utility service to the
Project Site and the Developer Property shall be governed by
applicable utility tariff provisions in effect at the time.
4.3 Rock Ouarrv sites. The City shall use its best efforts
to provide the Developer with one or more sources of rock to be
quarried by the Developer for the Project, as follows. The
Developer shall identify locations on City-owned land where the
Developer has determined rock of a quality and quantity suitable
for construction of the Project may be quarried. If the city
determines that a location proposed by the Developer is available
for this purpose, the City will enter into an agreement with the
Developer permitting the Developer to use the location for rock
quarrying with no charge to the Developer for all such rock
utilized in the Project. The Developer will be responsible for all
costs of obtaining access to the quarrying location, obtaining and
complying with all regulatory approvals required for the quarrying
and related activities, and any required restoration of the
quarrying location after rock has been extracted. The City will
make no representation concerning, and will not be responsible for,
the quantity or quality of rock available at any location selected
by the Developer. If rock of sufficient quality and quantity is
not available from locations provided by the City under this
Section, the City is not obligated to supply rock or other rock
sources for the Project.
ARTICLE 5 - OPERATION PHASE
5.1 Operation of proiect. The Developer shall operate the
Project as a boat harbor open to the public in accordance with
written rules and regulations and a tariff of fees and charges
approved by any regulatory authority having jurisdiction. Such
rules, regulations and rates shall be subject to review and comment
by the City, and shall be non-discriminatory.
City of Seward
Develop.ent Agree.ent
Page 8
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ARTICLE 6 - GENERAL PROVISIONS
6.1 Permits. Except for the permit attached as Exhibit "C"
the Developer, at its sole cost, shall obtain all permits necessary
to the construction and operation of the Project. Nothing in this
Agreement imposes any duty or responsibility on the City to assist
the Developer in obtaining any permits or approvals required for
the Project. However, upon the Developer's request, the City shall
indicate orally or in writing to any permitting authority that (i)
the proj ect will be constructed under an agreement between the
Developer and the City on land owned by the City, and (ii) the city
expects that the Project will produce substantial public benefits
and is in favor of the construction of the Project in accordance
with the approved Master Plan.
6.2 Lease Subiect to Referendum. The Developer understands
that (i) under the Charter and Code of the City the Lease is
effective only if authorized by resolution of the City Council;
(ii) such resolution is subject to referendum in the manner and to
the extent provided by law; (iii) such resolution will not be
effective until 30 days after its enactment and posting; and (iv)
if a referendum petition concerning the resolution is certified
before the effective date of the resolution the resolution will be
suspended pending the referendum vote. The Developer assumes the
risk of any expenses incurred by the Developer related to the
Project before the resolution authorizing the Lease becomes
effective, and during any suspension period pending a referendum
vote. Nothing in this Section permits a referendum to abrogate any
right of the Developer under the Lease after the Lease has become
effective.
6.3 No Preferential Riqhts to Use Public Facilities. This
Agreement shall not be construed to grant any exclusive rights of
use to the Developer of any public facilities, constructed or
maintained by the City, whether or not constructed under the terms
of this Agreement.
6.4 Assiqnment. The City has entered into this Agreement in
consideration of the particular capabilities of the Developer to
undertake the Project, including the Developer's ownership of
uplands adjacent to the Project Site. Therefore, the Developer may
not assign its rights or delegate its duties under this Agreement
wi thout the written consent of the City, which the City may
wi thhold for any reason. Notwi thstanding the foregoing, the
Developer may assign its interest in this Agreement (i) to the
person or firm that provides financing for the Project and/or (ii)
to any Affiliate of the Developer with the written consent of the
City, which consent shall not be unreasonably withheld. For the
purposes of this Agreement, an "Affiliate" is any entity which
controls or is controlled by the Developer.
City of Seward
Develop.ent Agree.ent
Page 9
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6.5 Indemnitv. The Developer shall defend, indemnify and
hold the city harmless from any and all liability or claims for
damages, including personal injuries, death and property damage
arising out of or resulting from the Developer's construction of
the project and other activities under this Agreement, except for
damages arising from the sole negligence or willful acts or
omissions of the City, its agents, employees, or contractors.
6.6 Arbitration. Any dispute between the City and the
Developer with respect to any provision of this Agreement or the
rights and obligations of the parties hereunder shall be decided by
arbitration, in accordance with the provisions of this section.
a) Consent Panel. The party desiring arbitration of a
dispute shall give written notice to that effect to the other party
specifying in such notice the name and address of a person to serve
as an arbitrator. within fifteen (15) days after receipt of such
notice the other party shall give written notice to the first party
specifying the name and address of another person designated to
serve as an arbitrator.
If neither party has objected to the other's designation
within fifteen (15) days of the notice by the second party of its
designation of an arbitrator, then the two chosen arbitrators
(called the "consent panel") shall select a third person agreeable
to both to become the third member of the consent panel. The
consent panel may utilize informal techniques and hold informal
hearings without reference or adherence to the rules or procedures
of the American Arbitration Association. Promptly and within
thirty (30) days of concluding any proceeding the consent panel
shall render its written decision. It is the intent of this
subparagraph to provide for a speedy and inexpensive resolution of
disputes provided the parties agree to such a procedure.
b) Formal Arbitration. If either party objects, within
fifteen (15) days of the second party's designation of an
arbitrator to the other's choice of an arbitrator pursuant to
paragraph (a) above, or the party desiring arbitration initially
decides not to use the consent panel procedure, then the matter
shall be promptly referred to the American Arbitration Association
in accordance with the then existing rules of the American
Arbitration Association.
c) Arbitration Awards. Any award by either a consent
panel or as a result or proceedings before a panel pursuant to the
rules of the American Arbitration Association shall be enforceable
in accordance with Alaska statutes. Any award shall include an
award of costs, interest and reasonable attorney fees to the
prevailing party.
City of Seward
Develop.ent Agree.ent
Page 10
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6.7 Entire Aareement. This Agreement contains the entire
agreement of the parties with respect to the matters covered by
this Agreement, and no other agreement, statement or promise made
by any party which is not contained in this Agreement shall be
binding or valid.
6.8 Governina Law. This Agreement shall be governed by,
construed and enforced in accordance with the laws of the state of
Alaska.
6.9 Severabili tv. If any provision of this Agreement 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.
6.10 Relationship of Parties. Nothing contained in this
Agreement 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 the Developer; and no provisions contained in this
Agreement nor any acts of the parties, shall be deemed to create
any relationship between the city and the Developer other than the
relationship of independent contractors.
6.11 Interpretation. The language in all parts of this
Agreement shall in all cases be simply construed according to its
fair meaning and not for or against the City or the Developer as
both the city and the Developer have had the assistance of counsel
in drafting and reviewing this Agreement.
6.l2. Amendment. This Agreement is not subject to amendment
except in writing executed by both parties hereto.
6.13 Notices. All notices, demands or requests from one
party to another shall be delivered in person or be sent by mail,
certified or registered, postage prepaid, to the addresses stated
below and to such other persons and addresses as either party may
designate. Notice by mail shall be deemed to have been given at
the time of mailing.
All notices, demands and requests from the Developer to the
city shall be given to the City at the following address:
ATTN: City Manager
city of Seward
P.O. Box 167
Seward, Alaska 99664
City of Seward
Developaent Agreeaent
Page 11
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All notices, demands or requests from the city to the
Developer shall be given to the Developer at the following address:
ATTN: Albert E. Schafer
Afognak Logging
P.O. Box 610
Seward, Alaska 99664
IN WITNESS WHEREOF, the City has caused this Agreement to be
executed by the signature of its city Manager and its seal
impressed hereon and attested by its City Clerk, and the Developer
has caused this Agreement to be executed by its President, all as
of the date first set forth above.
CITY:
DEVELOPER:
CITY OF SEWARD
AFOGNAK LOGGING,
a Division of Kodiak Lumber
Limited
By
J { "-
''} ~ ~ J c ; ~ L-,_
Tyler Jones
City Manager
ule~z/~ .5~lc-f/7
Albert E. Schafer
President
By
ATTEST:
APPROVED AS TO FORM:
WOHLFORTH, ARGETSINGER,
JOHNSON & BRECHT
Attorneys for the
City of Seward
By: ~Jt)~ ~
Thomas . Klinkner
city Attorney
dh\c:\docs\49190\00033\develpst.agr
February 25, 1994
City of Seward
Developsent Agreesent
Page 12
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