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HomeMy WebLinkAbout01092006 City Council Packet Seward City Council .. & ; Agenda Packet . .... % -' ...- , . IftB! I ,',! : I I ' I I , . January 9, 2006 City Council Chambers Beginning at 7:30 p.m. The City of Seward, Alaska . January 9,2006 ; Vanta Shafer Mayor Term Expires 2007 Willard E. Dunham Vice Mayor Term Expires 2006 Robert Valdatta Council Member Term Expires 2007 Vacant Council Member Term Expires 2006 Robert Thomas Council Member Term Expires 2007 Steve Schafer Council Member Term Expires 2007 Dorene M. Lorenz Council Member Term Expires 2006 Clark Corbridge City Manager s. Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney 6. City Council Meeting 7:30 p.m. Council Chambers 1. Call to order 2. Pledge of allegiance 3. Roll call 4. Special orders, presentations and reports A. Proclamations and Awards 1. Polar Bear Plunge presentation B. C. D. E. F. G. Borough Assembly Report Cha.meer sf Csmml:lree RI:l13srt City Manager's Report City Attorney Report Historic Preservation Commission Report Other Reports, Announcements and Presentations 1. City Council applicants; Kevin Clark, Michael Calhoon, Marilyn Sutherland and Jean Bardarson.. .Pg 4 2. P ACAB annual report by Deborah Altermatt. 3. Fire Training Facility show and tell 4. Video on the Long Term Care Facility (20 min.) Citizens' 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 2 minutes per speaker and 30 minutes total time for this agenda item.] 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] City of Seward, Alaska January 9,2006 Council Agenda Page 1 7. Public Hearings A. Ordinances for Public Hearing and Enactment 1. Ordinance 2005-06. amending Seward City Code 2.05.030, maintaining confidentiality of information related to competitive bidders and proposers. (Postpone until January 23 to allow for proper public notice) ............... Pg 12 ., 8. Unfinished business - None . 9. New Business A. Resolutions 1. Resolution 2006-02. to mandate conditions for the conference Center located in the Mary Lowell Center in conjunction with the vacation of a portion of Washington Street...................................................................................... ..Pg 16 2. Resolution 2006-03. authorizing the city manager to enter into a Memorandum of Agreement with the Kenai Peninsula Borough, the Seward Bear Creek Flood Service Area Board and the Kenai Watershed Forum to acquire floodplain data for the FEMA Map Modernization project, and appropriating $20,000.......................................Pg 19 3. Resolution 2006-04, endorsing Seward's New Long-Term Care Facility as an official Greenhouse Project and selecting a final site layout....... ...... ... ... ... ...... .... .Pg 25 4. Resolution 2006-05. authorizing the issuance and sale of harbor improvement revenue bonds of the city in the principal amount not to exceed $4,500,000 for the purpose of providing amounts to acquire, construct, and install necessary additions and improvements to the City's harbor system and to do all things necessarily incidental thereto, and to pay the costs of bond issuance, fixing certain details of such bonds.............,......"...,................,.,....,..,..,."..............,............ .Pg 31 5. Resolution 2006-06. IHHhElrizmg a eeRl:faet wita PaftiR Bleetrie tEl install seemt)' eameras ia the Seward Harber area atiliziag graRt ffiHlls HElm the State Elf .^.laska DSflanmeet Elf HeHl.elaall Seeari~y, anll a13~re~riatiag an ammmt Bet te exeeell $129,900. (Pulledfrom the agenda) 6. Resolution 2006-07. amending the 2005 budget and appropriating $96,305.59 in sales tax revenues to the Hospital Debt Service Fund................................... ..Pg so B. Other New Business Items 1. Vote and appoint one candidate to fill the vacant council seat for a term to expire October 3,. 2006... ...... ....... ........ ... ............ ..... ..... ........ ....... ... ........ ....Pg 52 City of Seward, Alaska January 9, 2006 Council Agenda Page 2 2. Appoint Nick Ranta, Jeremiah Campbell, Laura Cloward, Cliff Young, Howard Ferrien, Gary Fandrei, Bob White and Caroline Cherry to an Ad-Hoc Citizen Advisory Committee on Fish Restoration. *3. Non-objection ofliquor license renewal for Peking Restaurant.. ............... ...Pg 56 *4. Non-objection ofliquor license renewal for Three Bears.......................... .Pg 61 *5. Non-objection ofliquor license renewal for Gateway Liquor and Food Mart.. .Pg 66 *6. Non-objection of liquor license renewal for the Marina Restaurant....... ....... .Pg 69 *7. Approval of the November 28 and the December 12, 2005 regular city council meeting minutes, and the December 20, 2005 special city council meeting minutes. Pg 75 *8. Continue the Port and Commerce Advisory Board through January 31, 2007 by affirmative vote.. .. . ..... .................................... ............ .. ... . .... .. . .. . .. . ....Pg 97 9. Schedule a work session to discuss city, state and federal legislative priorities for 2006. 10. Discussion on a new lease agreement with the Kenai Peninsula Borough for the purpose of a shooting range. 11. Discussion whether city council will donate $1,000 from their promotions account to provide books and materials for the Middle School Library. 10. Informational items and reports (No action required) 11. Council comments 12. Citizens' comments [5 minutes per individual - Each individual has one opportunity to speak.] 13. Council and administration response to citizens' comment 14. Adjournment City of Seward, Alaska January 9, 2006 Council Agenda Page 3 CITY OF SEWARD, ALASKA DECLARATION OF CANDIDACY This form must be completed In its entirety and filed with the City Clerk or candidacy will not be validated. Corrections!!lJ&t be initialed. RESIDENCY INFORMATION BALLOT INF~~VED DEe 1 9 2005 OFFICE OF THE CITY CLERK I request that my name appear on the ballot in the following manner: GENERAL INFORMATION I, t::t..:.;.t! $lI1LS (J J^<.. (( , am a qualified voter, have been a resident of the City of Seward for at least one year, and now declare myself a candidate for the office of COUNCIL MEMBER - TWO YEAR TERM. My current residence address is: Cl~lC r cuv,J T ~ ItS; ;>fL"LC f Seward, Alaska ~\; (Last Name) (First Name) (MI) ("Nickname) My current mailing address is: ? () . ~0c j'Z5S * The City Clerk may not include on the ballot as part of a candidate's name any honorary or assumed title or prefix but may include in the candidate's name any nickname or familiar form of a proper name of the candidate. AS 15.15.030(4) CERTIFICATION I, the undersigned, certify that the information in this Declaration of Candidacy is true and complete and that I meet the specific residency and citizenship requirements of this office. I also acknowledge that should I choose to withdraw my candidacy, a signed withdrawal of candidacy letter must be submitted to the City Clerk prior to the end of the candidate filing period. Subscribed and sworn to before me this ;PfC 1 ' 200~ JqM !/ <: iL-.:. cu day of Candidate's Signature Home Phone Work Phone To assist staff in verifying candidate/voter identification, please provide one or both of the following: SSN Voter No. My Conflict of Interest ~ment is: ----l.L' Enclosed with this Declaration OR On file with the City Clerk ., . 04 . RECEIVED DEe 1 9 2005 OFFICE OF THE ,,{O lis Q.i.lJtL'f.AJf C-Jy Co~c/l( CITY CLERK (flYN'iIf1'L is /(T.-v.-..) '"Jq~ c/l4< Ie. ,j;,u,)f) ~ CU'I/\. Otfr( Y (~ .oO.e.. ~~ VCr. (l:'1/..J I- ",CAj (~'-l~~.1 ~t. ~ v.Jov.-lJ \~k:c: U<- ., Dff;"'L ~<-1.~tf~ .-\0. . ~U~~['3. CcJMftAUAi< fj cy.r,'''' ...;1 ~~. k~1t ~l:,.d~ !ftJ ft"s ~O"I'<UN' ~ :J:' W~~ , ?CI...e.:\- D~ ~.e C.i~ ,; lo-u..>~ \ 4 ~ R...e... ?CA~+- ~Wb 'fe~q'(S , C{1',.)D hxJC l3e<.<v fCie-+ op /l1~~1 d- _ cU-<.. .,,~SVle.S. ~+- Q~ STiLt /1-uAJ) ()(~j)CiL~ ,,--rD ~j ,- r e.a/J ~ '- M- - el<c.h~1\J c...... c Io,)r :.p~ c\.. SMo..tl 1'14Jtcj (,.5 ~ jJI1D~,f j;k~.)j T I~~ ",PtA-€- -lv N1j ICtcJc.. . (>'~ L~lV\.fCL'Jf"I~ 4.0':) , (l1C{J b ~ s.~V\ -e.. 0'.0. '1\y (fo:>. ho>us ~ AJ r C\ fc:...:s r- ,; J:;S~<A 'L-- # tfAc-..~ ~'Sj4<- hcts. is -e..~ ~-e.Ld)e-D qN 0 t~' ~~ V~OA.j ~~e. .10 t-L h.Jd -Icc1~? :r t.0eu.lci R-ect IIJ hope- -f{,C1. f.: . "(D'-t ' CoAJS.De-i( Mt.. -to -C\ l \ 1t..--;. PO~i~ ~~ q~ -s ~DW ~+- YOq. ~~ q J/W'''P " /'12" W · !( /Y'lvt t <- q W LSG'" cJI10 " c. '<- as -fu wLto YD./\.. -ft.o 1;1:. ",,:/1 besf- $e,(K Jik..CN.. ,GJv.J\ t\lC4.-,\rluJ ~ S'f,kJM 0 .- ~~ t>>~ CITY OF SEWARD, ALASKA DECLARATION OF CANDIDACY This form must be ~mpleted in its entirety and filed with the City Clerk or candidacy will not be validated. Corrections must be initialed. GENERAL INFORMATION fVl k hf.l-€ J B (1\ ~o-O'Y\ ,am a qualified I, voter, have been a resident of the City of Seward for at least one year, and now declare myself a candidate for the office of COUNCIL MEMBER - TWO YEAR TERM. RESIDENCY INFORMATION My current residence address is: ull y~ ~ Seward, Alaska My current ,mailing address is: ,PO 60f (j.O<6OJ, CERTIFICATION BALLOT INFORMATION . I request that my name appear on the ballot in . the following manner: .&lh cvy\ fI\ td".l-P ( A - (Last Name) (First Name) (MI) (*Nickname) * The City Clerk may not include on the ballot as part of a candidate's name any honorary or assumed title or prefix but may include in the candidate's name any nickname or familiar form of a proper name of the candidate. AS 15.15.030(4) I, the undersigned, certify that the information in this Declaration of Candidacy is true and complete and that I meet the sp~ific residency and citizenship requirements of this office. I also acknowledge that should I choose to withdraw my candidacy, a signed withdrawal of candidacy letter must be submitted to t.he City lerk pri 0 the nd of t candidate filing period. Sl,l.Qscribed and sworn to bef~re me this ;),'1' day of 1) 20 ~U!.~ ..~~C\ RIel-/., ,,~q........., ~i""'J1 .~'J.~~~~"'~-o . ~~ ~O"i.A~;'J' \ ~ ~- -'-CIllO ~ ..... ~,..- .... ::. ~, \V ...= NOTARY PUB 1<5+ UEh.... . fE My commission expires: ~*ci!~~ """,ol,-lt ;j.. ~ l ~ - 01 ~~. .l'!.~"~~~ ~'1!.~EA'.,::,"\, ~ ., "r 'I'" .., ,,' (Notary Seal) -,g,;,."., My Conflict of Interest Statement is: ' , ,V Enclosed with this Declar~ti~n OR \~~ Candidate's Signature ::? ~ 4 -7l€tt--:::L Home Phone ;;.. ;11- 3O,7{ Work Phone To assist staff in verifying candidate/voler Identification, please provide one or both of the following: SSN Voter No. On file with the City Clerk \ Michael B. Calhoon 611 4th Ave. Seward, AK 99664 907-224-7662 I?~C~/I/J Dte 2 ~O Of:f:~ 7 200S Clr?€' Of: 'Ii CI.€'I?I(~~ Seward City Council Seward, Alaska 99664 Mayor and City Council, This letter is to request your consideration of my appointment to fill the vacant seat on the City Council. In the following paragraphs I will state what I feel are my qualifications and strengths which would make me an asset to the current Council. I was a board member on the Seward Chamber of Commerce from 1997 through 1999, with the last year serving as the board Vice-President. I was a commissioner on the Seward Planning and Zoning Commission from 1998 to 1999. I served as a member of the Seward City Council from 1999 to 2002. Serving on these boards and commissions has given me a good understanding of not only how these organizations work, but also what the pulse of the community is at this time. I owned a business in Seward, a B&B, from 1995 through 2001. I have worked in the restaurant business from 1997 till the present. I have worked at The Fish House from 2004 to the present. These businesses and employment positions have given me a good base of knowledge in not only the visitor industry, but in other areas of Seward's business community as well. I am an honest and open-minded individual who is concerned about all aspects of quality oflife in Seward. I believe I can make a positive contribution to the community as a member of this council. Thank you for considering this application. . -" --' 07 CITY OF SEWARD, ALASKA DECLARATION OF CANDIDACY This form must be completed in its entirety and filed with the City Clerk or candidacy will not be validated. Corrections ~ be initialed. GENERAL INFORMATION I, ..l f , am a qualified voter, have een a resident and resided in the City of Seward continuously for a period of not less than one year immediately preceding the date of filing, and now declare myself a candidate for the office of COUNCIL MEMBER - TWO YEAR TERM. BALLOT INFORMATION I request that my name appear on the ballot in the following manner: RESIDENCY INFORMATION My current residence address is: My current mailing address is: P ('J. C?:,)l 4'9( ,S(LuJa~( A.-L rfc:.{,~ . The City Clerk may not include on the ballot as part of a candidate's name any honorary or assumed title or prefix but may include in the candidate's name any nickname or familiar form of a proper name of the candidate. AS 15.15.030(4) )~" 5 Si)d.-h !1J~~ ~ ~ Seward, Alaska CERTIFICATION I, the undersigned, certify that the information in this Declaration of Candidacy is true and complete and that I meet the specific residency and citizenship requirements of this office. I also acknowledge that should I choose to withdraw my candidacy, a signed withdrawal of candidacy letter must be submitted to the City Clerk prior to the end of the candidate filing period. (Notary Seal) d:l day of ~\\\\\'~Wllllk ndi~~t 's Signature ~ t:J'.~!~:"tt~t ~ ~ +, ''t ~ .., "J ~ /:J I <is' g ~ ~,/ .' ~. \,~ ~Home Phone cr-fT"' -, b Work ~;; ,~~hone .5.? := 11= -. .~' .... ~ \. " /,.,is'To assist staff in verifying candidatelvoter identification, please ~ \ ',;,., ,," ,;;(:,/, ',' <v.iJ; provide one or both of the following: ~"'Q.":' " '.;" ,~~'''f: SSN Voter No ~.;~ .,\,,,,,, ~ "'"'a~,'''''I!''' My Conflict of Interest Statement is: -X- Enclosed with this Declaration OR _ On file with the City Clerk G:\ELECTI0N\2005 ElECTIONS\DECLARATION OF CANDIDACY FORM.DOC 08 December 22, 2005 Seward City Council PO Box 167 Seward, Alaska 99664 Dear Seward City Council: I am writing in response to your request for letters of interest to fill a vacancy on the City Council. Seward has been my home since 1982. Many changes have taken place over the past 23 years and the population has grown from 1500 to approximately 3300. In 1981 construction on the Seward Marine Industrial Center began, which led to a ship lift facility, fish processor, and in 1986 the Spring Creek Correctional Center opened. Sightseeing and fishing charters has created many jobs and new businesses. The community has seen much growth in the last 23 years. My past experience includes working with many levels of government and the private sector to overcome challenges presented to Seward. I also served as a volunteer on many community boards i.e. - Seward Life Action Council, Chamber of Commerce, Concert Association, Library Board, Lions, American Legion Auxiliary, Elks; and the Polar Bear Festival association. Seward is a wonderful place to live. There will be many new challenges for Seward in the future and I would like to assist in reaching the goals of the community by serving on the City Council. Thank you for considering me for this position. Sincerely, ~U(bedand 225 Sixth Avenue PO Box 491 Seward, Alaska 99664 ~~ CITY OF SEWARD, ALASKA DECLARATION OF CANDIDACY This form must be completed in its entirety and filed with the City Clerk or candidacy will not be validated. Corrections must be Initialed GENERAL INFORMATION RECE\Vm..OT INFORMATION DEe 2 7 Z005 OFFICE OF THE CITY CLE~K I, .JeLit) /3rlte!o'so>'\ , am a qualified voter, have been a resident of the City of Seward for at least one year, and now declare myself a candidate for the office of COUNCIL MEMBER - TWO YEAR TERM. RESIDENCY INFORMATION My current residence address is: /30<6 C.AamheV'/c{/~ Seward, Alaska My current mailing address is: po. i30x c" ~ q CERTIFICATION I request that my name a the following manner: (Last Name) ( rst Name) (MI) (*Nickname) * The City, lerk may not include on the baffot as part ot:' candidate's name any honorary or assum title or prefix but may include in the candi ate's name any nickname or familiar form of a pre/per name of the candidate. AS 15.15.030(4) ./ I, the undersigned, certify that the information in this Declaration of Candidacy is true and complete and that I meet the specific residency and citizenship requirements of this office. I also acknowledge that should I choose to withdraw my candidacy, a signed withdrawal of candidacy letter must be submitted to the City Clerk prior to the end of the candidate filing period. #- SUQ.scribed and ~orn to before me this #:.. \~/(l'~ day of ~(0'Y\~.( ,200,!; #.,;,. e:;-'-:..E:.~ ~ ,,:Y--~<~)'~-,j{'l/';'~~n~ SltN,," II" 'Ur ~ fS-,,/- o'A.c;>}.-". :::::. == ,:.,~ ~ = ~ \'-;" SE; ASf!i NOTARY PUBL~f!~:"ber o).~. ~ My comrpis~ion expires: ~:/i;i~'Ot'~&~~ /2.- L' L () (p ~1/llIJn'\\\\~ (Notary Seal) Gta?7/ A3ztda~ /- Candidate's Signature Q ~ 'I-~<6I2- Home Phone Work Phone To assist staff in verffyfng candidatelvoter identification. please provide one or both of the following: SSN Voter No. My Conflict of Interest ~tement is: ~ Enclosed with this Declaration OR _ On file with the City Clerk 1..0 P.O. Box 689 Sevvard,AJ( 99664 December 22, 2005 RECE\VED DEe 2 7 2005 OFFICE OF THE CITY CLERK Honorable Mayor and Council Members, Please consider me for the vacant council seat. I moved to Sevvard in 1968 and permanently since 1984. My husband and I have ovvned and operated several local businesses. I currently volunteer for several local organizations. My hope is to contribute positively to the grovvth of Sevvard. This is a vvonderful community vvith a great future and I vvould like to be a part of it. I would appreciate your support Respectfully, ~&~ Jean Bardarson . t1 Sponsored by: Corbridge Introduction: December 12, 2005 Public Hearing: January 9, 2006 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2005-06 AN ORDINANCE AMENDING SEWARD CITY CODE SECTION 2.05.030, MAINTAINING CONFIDENTIALITY OF INFORMATION RELATED TO COMPETITIVE BIDDERS AND PROPOSERS WHEREAS, the City of Seward recognizes the important public right of access to information concerning the conduct of the people's business; and WHEREAS, the City also recognizes that certain records must remain confidential to protect rights of other persons or to protect public resources; and WHEREAS, certain information may be confidential only for a period, and such information should be made publicly available when the circumstances creating the need for confidentiality no longer exist; and WHEREAS, information relating to bidders and proposers may adversely impact the use of public funds if made public prior to notice of an intent to award. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 2.05.030 is hereby amended as follows: Strikesat - delete Bold = new 2.05.030 Exemptions for particular records. A. This chapter shall not be construed to require disclosure of the following records or information which, by law, are required to be confidential: 1. records of vital statistics and adoption proceedings; 2. records pertaining to juveniles; 3. health, mental health, medical, juvenile and personality problem information obtained or prepared by the city with respect to any person for whom treatment or services were provided; 4. records required to be kept confidential by a federal law or regulation or by state law; 5. records required to be kept confidential under 20 U.S.C. l232g and the regulations adopted thereunder in order to secure or retain federal assistance. 12 B. This chapter shall not be construed to require disclosure of the following business and proprietary records or information: 1. trade secrets, patented and/or copyrighted material; 2. records held by the city or any public utility pertaining to any client, customer, tenant, operator, user or subscriber, the release of which would constitute an unwarranted invasion of privacy of that person or entity; 3. records of engineering, marketing, accounting or other technical or financial data, which, if released, would provide a competitive advantage to any other persons or business engaged in similar or related activities; 4. proprietary information which a manufacturer, consultant or provider reasonably expects to be kept privileged or confidential to protect the property interests of persons providing the information or data; and 5. personal information other than name and address given to the city with the legitimate expectation of privacy in conjunction with licenses, permits or other municipal services. 6. any information (including number of persons or identifying information) regarding persons who submit bids or proposals to the city, in response to a competitive procurement process under Title 6 of this code, provided that such information may be available for public inspection after a notice of intent to award has been issued by the city. C. This chapter shall not be construed to require disclosure of the following law enforcement records or information: 1. records or information compiled for law enforcement purposes, but only to the extent that the products of the law enforcement records or information a. could reasonably be expected to interfere with enforcement proceedings; b. would deprive a person of a right to a fair trial or an impartial adjudication; c. could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness; d. could reasonably 'e expected to disclose the identity of a confidential source; e. would disclos( confidential techniques and procedures for law enforcement investigations or pru:;ecutions; f. would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could be expected to risk circumvention of the law; or g. could reasonably be expected to endanger the life or physical safety of an individual; 2. name, address, telephone number or other identifying information about complainants in actions to enforce building, zoning, environmental or other municipal ordinances or regulations. This subsection does not protect from disclosure the contents of the complaint, so long as the complainant is not identifiable; or, the name of the complainant when such disclosure becomes necessary to fair and just disposition of the charge or complaint in enforcement proceedings. D. This chapter shall not be construed to require disclosure of the following personnel records or information: 1. city personnel records, including employment applications and examination materials, payroll and medical records which reveal the [mancial or medical status of any specific i~ Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO MANDATE CONDITIONS FOR THE CONFERENCE CENTER LOCATED IN THE MARY LOWELL CENTER IN CONJUNCTION WITH THE VACATION OF A PORTION OF WASHINGTON STREET WHEREAS, Seward Planning and Zoning resolution 2005-23 section I, subsection 2 stipulated that "a vehicular and pedestrian and traffic plan and off-site parking plan, including accessible parking, will be developed through public process and approved by the city staff prior to finalization of the vacation"; and WHEREAS, the City will require the National Park Service to complete "the vehicular and pedestrian and traffic plan and off-site parking plan, including accessible parking" to the satisfaction of the City Manager prior to the construction of the Mary Lowell Center; and WHEREAS, the City will mandate the location of the conference center located in the Mary Lowell Center to obtain the full benefit of the southern view overlooking the waterfront and Resurrection Bay; and WHEREAS, the City will authorize another tsunami evacuation route prior to the construction of the Mary Lowell Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager shall issue neither building permits nor certificates of occupancy until the National Park Service submits a vehicular and pedestrian traffic plan and off-site parking plan, including accessible parking and submit the study, which is satisfactory to the City Manager. Section 2. The City Manager shall issue neither a building permit nor certificate of occupancy until the National Park Service submits a final floor plan of the Mary Lowell Center assuring to the satisfaction of the City Manager that the conference center is located on the southern portion of the view with the full, unobstructed benefit of the southern view overlooking the waterfront and Resurrection Bay. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9th day of January 2006. _ 018 COUNCIL AGENDA STATEMENT Meeting Date: January 9, 2006 Clark Corbridge, City Manager (flJ.- f -It -0 b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO MANDATE CONDITIONS FOR THE CONFERENCE CENTER LOCATED.IN THE MARY LOWELL CENTER IN CONJUNCm WITH THE VACATION OF A PORTION OF WASHINGTON STREET . From: Agenda Item: BACKGROUND & JUSTIFICATION: On November 28, 2005 the Kenai Peninsula Borough (KPB) Planning Commission voted to approve the partial vacation of Washington Street. The City of Seward had thirty days to veto the KPB's resolution to vacate a portion of Washington Street. The resolution was not vetoed. This resolution will assure that the specific concerns revolving around the vacation of a portion of Washington Street are addressed by the partners involved with the Mary Lowell Center. The City Manager shall not issue building permits or certificates of occupancy until the National Park Service provides the City with the following conditions: I) "A vehicular and pedestrian and traffic plan and off-site parking plan, including accessible parking, will be developed through public process and approved by the city staff prior to finalization of the vacation" as recommended by the Seward Planning and Zoning Commission; and 2) An alternate tsunami route authorized by the Seward Fire Department; and 3) An approved floor plan authorized by the City Manager prior to the construction of the Mary Lowell Center assuring the conference center has the first priority and the full benefit of the southern view overlooking the waterfront and Resurrection Bay. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: There is no fmancial obligation for . s resolution. Approved by Finance Department .' .... 17 RECOMMENDATION: Council approves Resolution 2006- ~ to mandate conditions for the conference center located in the Mary Lowell center in conjunction with the vacation of a portion of Washington Street. ." Sponsored by: Corbridge CITY O~ SEWARD, ALASKA RESOLUTION 2006-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE KENAI PENINSULA BOROUGH, THE SEWARD BEAR CREEK FLOOD SERVICE AREA BOARD AND THE KENAI WATERSHED FORUM TO ACQUIRE FLOODPLAIN DATA FOR THE FEMA MAP MODERNIZATION PROJECT AND APPROPRIATING $20,000 WHEREAS, the City of Seward wishes to be proactive to natural disasters such as flooding; and WHEREAS, the City of Seward has been impacted by floods in the past; and WHEREAS, the citizens of the City of Seward needs accurate floodplain information in order to properly develop property; and WHEREAS, the City of Seward also needs accurate floodplain information in order to properly provide municipal services to current and new developments and to plan for mitigation activities; and WHEREAS, the floodplain maps which are currently are being used were issued by FEMA in 1981 and are outdated; and WHEREAS, modem mapping technology will more accurately depict the topography needed for accurate floodplain maps; and WHEREAS, FEMA is in the process of acqumng floodplain data from communities nationwide in order to move forward with the FEMA Map Modernization project; and WHEREAS, the Kenai Watershed Forum is proposing to acquire topographical floodplain data for the Seward area; and WHEREAS, the area which needs to be mapped is within the boundaries of several governmental entities; and WHEREAS, the Kenai Watershed Forum has proposed a Memorandum of Agreement between themselves, the City of Seward, the Kenai Peninsula Borough and the Seward Bear Creek Flood Service Area Board; and ''-''. 19 CITY OF SEWARD, ALASKA RESOLUTION 2006-03 WHEREAS, the City of Seward will need to contribute twenty thousand ($20,000) dollars to this activity; and WHEREAS, acquiring accurate floodplain maps will enhance the City of Seward's opportunities for more orderly development and promote more floodplain mitigation and is in the best interests of the public's needs for public safety, health and welfare. 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 Memorandum of Agreement with the Kenai Watershed Forum, the Kenai Peninsula Borough and the Seward Bear Creek Flood Service Area Board to acquire floodplain data for the FEMA Map Modernization project. Section 2. The amount of $20,000 is hereby appropriated as follows: $9,000 from the Hazard Mitigation Grant account # XXX-XXX-5390 and $11,000 from the General Fund fund balance account # lOl-0000-3070-XXXX. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward Alaska, this 9th day of January, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 20 Council Agenda Statement Meeting Date: January 9, 2006 Clark Corbridge, City Manager (fJ , -l(it Malcolm G. Brown, Planner ~..4# *' o~ S"1j; ~'91\ t:- "b.' ~,.....o " ".1'''' ~--::l ~~ "(Ai;~'" Through: From: Agenda Item: Memorandum of Agreement with the Kenai Peninsula Borough, the Seward Bear Creek Flood Service Area Board and the Kenai Watershed Forum to acquire floodplain data for the FEMA Map Modernization project BACKGROUND & JUSTIFICATION: The current floodplain maps which the City of Seward uses were issued by FEMA in 1981. They are outdated and were based on the technology and floodplain models available more than a quarter of a century ago. Since then, mapping technology has made dramatic advances and there have also been floods in 1986 and 1995 which have been mapped. In response to concerns of the City of Seward and many other communities nationwide, FEMA is undertaking a map modernization project. FEMA needs to have data acquired by local entities, they will then be able to incorporate the data into new floodplain maps. The Kenai Watershed Forum (KWF) has received a grant from the Environmental Protection Agency (EP A) for the purpose of updating water quality databases on the Kenai Peninsula. KWF has volunteered to take the lead with acquiring topographical floodplain data for the Seward area. They will do the majority of the direct coordination with the contract vendor who is selected and FEMA personnel. The technical proficiency of KWF in this type of a process is very beneficial to the City of Seward. Since the flooding phenomenon expands beyond the geographic boundaries of anyone particular governmental entity, KWF has proposed to establish a partnership with the City of Seward and the other organizations involved. KWF has prepared a Memorandum of Agreement (MOA) for the City of Seward, the Kenai Peninsula Borough and the Seward Bear Creek Flood Service Area Board (SBCFSA) (Attachment #1). This MOA establishes funding amounts of each participant and has a timeline. Moving forward with this MOA will greatly contribute to the City of Seward's needs for accurate floodplain data and will be a component of the community's ongoing concerns with mitigating potential flood damage. .;'~<"t~~ ~...?~'" --~-=- Comprehensive Plan (1990) YES NO N/A .x. .A: CONSISTENCY CHECKLIST Strategic Plan (1999) FISCAL NOTE: The City of Seward will incur costs of $20,000, utilizing the remammg Hazard Mitigation Grant Funds of approximately $9,000, and the balance to be appropriated from remaining unspent funds in the Community Development 2005 budget. Approved by Finance Department ~!M~ RECOMMENDATION: Council approve Resolution 2006-03, authorizing the City Manager to enter into a Memorandum of Agreement with the Kenai Peninsula Borough, the Seward Bear Creek Flood Service Area Board and the Kenai Watershed Forum to acquire floodplain data for the FEMA Map Modernization project /;;1', ,~'- IID~ IID~ IID~ Memorandum of Agreement December 20, 2005 BETWEEN The Kenai Peninsula Borough and The City of Seward and The Seward Bear Creek Flood Service Area Board and The Kenai Watershed Forum This memorandum of agreement between the above listed parties hereinafter collectively referred to as partners, reflects the general wishes of the partners to acquire a digital elevation model (DEM) topography layer for use in Geographic Information System (GIS), hereinafter referred to as the mapping project. The initial pwpose and motivation for the mapping project is to provide data that will be consistent with FEMA requirements for floodplain mapping to be used in the upcoming map modernization program, scheduled by the Federal Emergency Management Agency (FEMA) for 2007. Prior to the expenditure of any funds and prior to March I, 2006, all partners will work in good faith with a selected contract vendor and FEMA personnel to define the most appropriate geographic project boundary that covers the area of greatest concern to the FEMA mapping team and also meeting FEMA specifications within the constraints of the available funding. The mapping project data will be available to the partners, consistent with the license agreement provided by the selected mapping vendor. Upon the last partner signature of this agreement, each partner will be obligated to contribute funding according to the following schedule: $ (need to confer with land management) Kenai Peninsula Borough $ 20,000 City of Seward (has appropriate grant resources in hand) $ 10,000 The Seward Bear Creek Flood Service Area Board (has funding at disposal) $ 40,000 The Kenai Watershed Forum (has funding at disposal) If any partner does not sign this agreement, then no partner will be bound by any element, financial or otherwise of this agreement. Whereas, topographic mapping to FEMA standards of the greater Seward Area has been identified as a mutual need, and IID~ ]])~ i ..J....... " 23 ]])~ lIDffiAJF1r IIDffiAJF1r IIDffiAJF1r Whereas, The Kenai Peninsula Borough, The City of Seward, The Seward Bear Creek Flood Service Area Board and the Kenai Watershed Forum have funding to commit to the acquisition of higher and more recent topography data, and Whereas, it is in the financial best interest of each partner to enter into a financial partnership to acquire topographic data and, Whereas, it is timely to enter this agreement now in order to acquire the topographic data in the spring of 2006 in order to have the necessary information available to the FEMA map modernization team by their 2007 update schedule and, Whereas there are no obligations to any party until each partner agrees to an established funding level set forth in this memorandum of agreement and, Whereas each partner will benefit from the sharing of acquired data and, Whereas each partner agrees to work in good faith to define the mapping project extent to best meet the needs of the upcoming FEMA map modernization. Therefore be it resolved that [insert each partner] agrees to the terms of the agreement and commits [Insert partners share] to the mapping project. Signature Date lIDffiAJF1r IIDffiA.IFJI' . ..'"iii ~~ lID ffiA.IFJI' Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ENDORSING SEWARD'S NEW LONG-TERM CARE FACILITY AS AN OFFICIAL GREEN HOUSE@ PROJECT, AND SELECTING A FINAL SITE LAYOUT WHEREAS, the Seward City Council approved Resolution 2005-65 on July 13, 2005, approving the site location for the long-term care replacement facility; and WHEREAS, the Seward City Council approved Resolution 2005-131 on November 28, 2005, approving a contract with Architects Alaska for the planning and design of the new long- term care replacement facility, with the intent to construct a single-story residential-style long- term care facility; and WHEREAS, Architects Alaska has engaged the services of the McCarty Group, a co- developer of the original Green House@ approach to elder care, to assist in transforming Seward's long-term care environment from an institutional model of care to a residential-style of care focused on restoring dignity and personal choice to long-term care patients in Seward; and WHEREAS, the City of Seward conducted two public meetings on December 9, 2005 and December 19, 2005, to obtain public input on the Green House Model@ and to evaluate alternative site layouts, receiving strong public support for the Green House Model@ and the initial concept designs; and WHEREAS, endorsement of the Green House Model@ requires adherence to basic guiding principles such as: enhancing the elders' quality of life; accepting a floor plan that reflects an approved Green House philosophy (including hearth, private rooms with private baths, a single dining table, an open kitchen, outdoor space, alcove and den); incorporating self- managed work teams; shifting resources away from supporting the institution and toward the direct care needs of the elders; providing services to no more than ten elders per house; making all spaces accessible to elders; eliminating nurses stations; implementing the Green House<ID organizational structure; obtaining staff training from the Green House@ team; agreeing to collect operational and outcome data on quality-of-life measures and employee satisfaction; and maintaining a restraint-free environment; and WHEREAS, the architects have incorporated public input from the meetings of December 9 and 19,2005, into a final site layout proposal which is attached hereto, representing the final approximate location of the four proposed residential units (providing housing for ten elders in each home), and the commons building consisting of administrative, therapies, and maintenance space, all of which comprise the new long-term care replacement facility; and ~~. CITY OF SEWARD, ALASKA RESOLUTION 2006-004 WHEREAS, in order to meet the severe time constraints of the project timeline, which requires a final schematic design to be completed by the end of February, 2006, it is important to provide clear direction to the architects on the desired site layout, and to officially endorse Seward's participation as an official Green House@> project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby endorses the Green House@ Project as the model of elder care appropriate for the community of Seward, and desires to become a member of the Center for Growing and Becoming (the official Green House@ Organization) and expressly authorizes the City to pursue construction of residential-style long-term care housing according to the principles of the Green House@ project. Section 2. The Seward City Council hereby approves the final site layout as attached hereto, and authorizes the City and its architectural team to move forward with the schematic design phase of the long-term care project. Section 3. This resolution shall be effective immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of January, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk, CMC (City Seal) :\, Council Agenda Statement Meeting Date: January 9,2006 Through: Clark Corbridge, City Manager uJ- f -If-oIJ Kristin Erchinger, Finance Director ~ From: Agenda Item: Endorsing Seward's Long-Term Care Facility as an Official Green House@ Project and Selecting a Final Site Layout BACKGROUND & JUSTIFICATION On July 13, 2005, the Seward City Council approved Resolution 2005-65, selecting a five-acre site location for the long-term care replacement facility. On November 28, 2005, the Council approved Resolution 2005-131, authorizing a contract with Architects Alaska for the planning and design of the new facility, with the intent to construct a single-story residential-style long- term care facility. As the successful proposer, Architects Alaska engaged the services of the McCarty Group, a co- developer of the original Green House@ approach to elder care, to assist in transforming Seward's long-term care environment from an institutional model of care to a residential-style of care focused on restoring dignity and personal choice to long-term care patients in Seward. Architects Alaska and Richard McCarty visited Seward for two public meetings on December 9, 2005 and December 19, 2005, to obtain public input on the Green House Model@ and to evaluate alternative site layouts, receiving strong public support for the Green House Model@ and the initial concept designs. Endorsement of the Green House Model@ requires adherence to basic guiding principles such as: enhancing the elders' quality oflife; accepting a floor plan that reflects an approved Green House philosophy (including hearth, private rooms with private baths, a single dining table, an open kitchen, outdoor space, alcove and den); incorporating self- managed work teams; shifting resources away from supporting the institution and toward the direct care needs of the elders; providing services to no more than ten elders per house; making all spaces accessible to elders; eliminating nurses stations; implementing the Green House@ organizational structure; obtaining staff training from the Green House@ team; agreeing to collect operational and outcome data on quality-of-life measures and employee satisfaction; and maintaining a restraint-free environment. Incorporating public input from the meetings of December 9 and 19,2005, the architects have proposed a final site layout which is attached hereto. This plan reflects the final approximate location of the four proposed residential units (each home houses ten elders) and the commons building. The commons building houses the administrative, therapies, and maintenance areas. In order to meet the severe time constraints of the project timeline -- which requires a final schematic design to be completed by the end of February, 2006 -- the architects require a final decision as to the site layout. Also, for the City to qualify for grant funding available to official . .... ..~.; 'lj)'f?; {.fi. it RESOLUTION 2oo6-J21.. ENDORSEMENT OF FINAL SITE LAYOUT AND GREEN HOUSE PRomCT PAGE TWO "Green House" projects for staff training, the Council must officially endorse Seward's participation as an official Green House@ project. " CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other' FISCAL NOTE There is no cost associated with selection of a particular site layout. By officially endorsing Seward's participation as an official Green House Project, the City will qualify for up to $150,000 in grant funds for staff training, to prepare existing hospital and long-term care staff, for positions in the new facility. Approved by Finance: ,IJt,A<?i;:;::)fu~ RECOMMENDA TION City Council endorse Seward's new long-term care facility as an official Green House Project, and selecting a final site layout as attached. .",., '..," . .;( . M ~ Preferred Alternative , Exllting Memorials to remain and 1MII be Incorporaled Into design _ Tree PlonIings _PlIr1clng _ IlulIdIngAccu, CornmonslService BuHding Drop-off Art. PorIdng Am 381pOC01 2 IlCCftSitJIe IpaceS 38 IpKeS total . January 3, 2006 .. Long Term Care Residence Facility City of Seward Site Concept Design Summary The attached site plan is recommend for future development. The site plan shows the four Green House residence buildings and a Commons! Therapy/Services building. The revised cOncept presented incorporates some of the following attributes: 1. Retains considerable landscape buffering for the residences from the highway. 2. Is buffered from the recreation facility across the street by retention of mature vegetation along Dimolld Boulevard. 3. Has good through circulation. 4. Allows the use of one floor plan and its mirrored image. 5. The loop road allows for placement of future residences without impacting roads, utilities, and placement of commons parking and development. 6. The neighborhood development allows for compact placement of residences on site. 7. The commons building is located to allow access from Seward Highway with a strong face to the Seward Community. 8. The commons building is located for good views from work and therapy areas to the south and west. 9. The commons building provides visual, acoustical and weather buffering of the residences from Seward Highway traffic. 10. The commons building parking has good southern exposure. 11.. The residences and commons building have entries with southern exposure. 12. The plan allows good landscape buffering between the commons parking lot and the residences. t End :t~ Architects Alaska 05044.01 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-05 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE ISSUANCE AND SALE OF HARBOR IMPROVEMENT REVENUE BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,500,000 FOR THE PURPOSE OF .PROVIDING AMOUNTS TO ACQUIRE, CONSTRUCT AND INSTALL NECESSARY ADDITIONS AND IMPROVEMENTS TO THE CITY'S HARBOR SYSTEM AND TO DO ALL TmNGS NECESSARILY INCIDENTAL THERETO, AND TO PAY THE COSTS OF BOND ISSUANCE; FIXING CERTAIN DETAILS OF SUCH BONDS WHEREAS, the City of Seward, Alaska, (the "City") owns, operates and maintains a harbor system which is in need of certain additions, improvements and extensions; and WHEREAS, the Constitution and statutes of the State of Alaska and the Charter of the City permit the City to issue revenue bonds to finance any project which serves a public purpose which bonds are secured only by the revenues of the project and which do not constitute a debt or pledge of the faith and credit or taxing power of the City and which may be authorized by the Council and do not require ratification by the electors of the City; and WHEREAS, the City issued its $3,000,000 Harbor Improvement Revenue Bonds, 2000 ("2000 Bonds") to pay the costs to acquire, construct, install and fmance improvements to the City's small boat harbor; and WHEREAS, the authorization of the 2000 Bonds allow additional harbor revenue bonds to be issued on a parity with the 2000 Bonds, provided certain conditions are met; and WHEREAS, the City issued its $1,500,000 Harbor Improvement Revenue Bonds, 2005 ("2005 Bonds") to pay the costs to acquire, construct, install and finance improvements to the City's small boat harbor; and r WHEREAS, the authorization of the 2005 Bonds allow additional harbor revenue bonds to be issued on a parity with the 2000 Bonds and the 2005 Bonds, provided certain conditions are met; and WHEREAS, it is necessary to establish the form, conditions, covenants and method of sale of such parity bonds and to make provision for establishing the amount, maturities, interest rates and redemption rights and other terms thereof. Page I <'b'~.. '\'.14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. Puroose. The purpose of this resolution is to authorize the issuance and sale of not to exceed $4,500,000 of harbor improvement revenue bonds, to fix the form, covenants and method of sale of said bonds, and to provide for establishing the amount, maturities, interest rates, redemption rights and other terms of said bonds. .. Section 2. Definitions. As used in this resolution, unless a different meaning clearly appears from the context: "Acquired Obligations" means and includes any of the following securities, if and to the extent the same are at the time legal for investment of funds of the City: any noncallable bonds or other noncallable obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency or corporation which has been or may hereafter be created pursuant to an act of Congress as an agency or instrumentality of the United States of America to the extent unconditionally guaranteed by the United States of America. "Annual Debt Service Requirement" means, with respect to any particular Fiscal Year and to any specified bonds, an amount equal to (i) interest accruing during such Fiscal Year on such bonds, except to the extent such interest is to be paid from deposits in the Debt Service Subaccount from bond proceeds, (ii) the principal amount of such bonds due during such Fiscal Year for which no sinking fund installments have been established, plus (iii) the unsatisfied balance of any sinking fund installment for such bonds due during such Fiscal Year. "Arbitrage and Tax Certificate" means the certificate executed and delivered by the City at the time of issuance and delivery of the Bonds setting forth the City's expectations as to the use of Bond proceeds. "Bond Account" means the City's Harbor Improvement Revenue Bond Account. "Bond Register" means the registration books maintained by the Registrar containing the names and addresses ofthe owners of the Bonds. "Bonds" means the City of Seward, Alaska, Harbor Improvement Revenue Bonds, 2006. "Bond Year" has the meaning given such term in the Arbitrage and Tax Certificate. i "Charter" means the Home Rule Charter of the City, as the same may be amended from time to time. "City" means the City of Seward, Alaska, a municipal corporation organized and existing under the Charter and Constitution and laws of the State of Alaska. Page 2 ~ "Code" means the Internal Revenue Code of 1986, as amended, and all applicable regulations thereunder. "Consulting Engineer" means an independent consulting engineer or engineering firm licensed to practice in the State of Alaska, retained and appointed pursuant to Section 15(F). "Council" means the general legislative authority of the City, as the same may be constituted from time to time. "Debt Service Subaccount" means the Debt Service Subaccount created in the Bond Account. "Fiscal Year" means the 12-month period commencing on January 1 each year through and including December 31 of that year. "Government Obligations" means any of the following: (i) any bonds or other obligations which, as to principal and interest, constitute direct obligations of, or are unconditionally guaranteed by, the United States of America; (ii) bonds, debentures, or other evidences of indebtedness issued or guaranteed by any agency or corporation which has been or may hereafter be created pursuant to an act of Congress as an agency or instrumentality of the United States of America; (iii) bonds, debentures, or other evidences of indebtedness issued or guaranteed by any agency or corporation which has been or may hereafter be created pursuant to an act of Congress as an agency or instrumentality of the United States of America; (iv) obligations of financial institutions insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, to the extent insured; and (v) bank certificates of deposit fully secured by obligations described in (i) and (ii) hereof. "Loan Agreement" means a Loan Agreement to be entered into between the City and the Alaska Municipal Bond Bank. "Net Revenues" means, for any Fiscal Year or other period of time, all amounts received by the City and deposited in the Small Boat Harbor Enterprise Fund and interest and profits derived from the investment of moneys held in the Small Boat Harbor Enterprise Fund during such period less Operating Expenses for such period. . "Operating Expenses" means, for any Fiscal Year or other period of time, the expenses incurred for operation, maintenance or repair of the Small Boat Harbor of a non-capital nature. Operating Expenses shall not include any allowances for depreciation or amortization or any principal, redemption price or purchase price of, or interest on, any obligations of the City incurred in connection with and payable from Pledged Revenues or any fee or charge in lieu of City taxes. "Parity Bonds" means the Bonds, the 2000 Bonds, the 2005 Bonds and any harbor improvement revenue bonds, notes or other obligations of the City issued under a resolution wherein the City pledges that the payments to be made out of the Pledged Revenues into the Page 3 '?>'3I ,Jl..;/l Bond Account and Reserve Subaccount therein to pay and secure the payment of the principal of and interest on such revenue bonds, notes or other obligations will be on a parity with the payments required by this Resolution and Resolutions 2000-094 and 2005-58 to be made out of such Pledged Revenues into such Bond Account and Reserve Subaccount to pay and secure the payment of the principal of and interest on the Bonds. "Passenger Fees" means all passenger fees imposed by the City with respect to embarking or debarking a vessel at any City Dock, as described in the Port and Harbor Tariff of the City. "Pledged Revenues" means Net Revenues and Passenger Fees and interest received and profits derived from the investment of moneys obtained from moneys held in any fund solely to payor secure the payment of any Parity Bonds. "Project" means the acquisition, construction and installation of necessary additions and improvements to the City's harbor system and to do all things necessarily incidental thereto, including but not limited to Step 2 of the harbor expansion project, including construction of new M, N, 0, P & Q floats in the south harbor, and upland work in the south and east uplands and other improvements in the City's small boat harbor. "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. "Registrar" means the Finance Director of the City, or any successor that the Finance Director may appoint. "Reserve Subaccount" means the Reserve Subaccount created in the Bond Account. "Reserve Subaccount Requirement" means an amount equal to the least of (i) 10% of the proceeds of sale of the Parity Bonds, (ii) 125% of the average Annual Debt Service Requirement for all Parity Bonds, and (iii) the maximum Annual Debt Service Requirement on all outstanding Parity Bonds. "System" means the Project, floats, fish cleaning stations and other capital improvements in the City's Small Boat Harbor as the same may be acquired, constructed, added to, improved, replaced or extended for as long as any Parity Bonds are outstanding. Section 3. Authorization of Bonds and Puroose of Issuance. The City shall issue and sell an issue of revenue bonds designated "City of Seward, Alaska Harbor Improvement Revenue Bonds, 2006" (the "Bonds") in the aggregate principal amount of not to exceed $4,500,000. The proceeds of the Bonds shall be used to pay the costs of certain additions, betterments and extensions of the System consisting principally of the Project. This Project serves a public purpose of the City. . Page 4 ~,~ Section 4. Date. Maturities. Interest Rates and Other Details of the Bonds. The Bonds shall be dated and mature on such dates not later than 2026, and shall bear interest from their date payable on such dates, and at such rates, not exceeding 6% per annum as the Finance Director may fix and determine at or prior to the time of sale of the Bonds. The Bonds shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each, or any integral multiple thereof, and shall be numbered separately in such manner and with any additional designation as the Registrar deems necessary for purposes of identification. Section 5. Place and Medium ofPavrnent. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For so long as all outstanding Bonds are registered in the name of the Alaska Municipal Bond Bank, payments of principal and interest thereon shall be made as provided in the Loan Agreement. In the event that the Bonds are no longer registered in the name of the Alaska Municipal Bond Bank, interest on the Bonds shall be paid by check mailed (or by wire transfer to a Registered Owner of Bonds in aggregate principal amount of $1,000,000 or more who so requests) to the Registered Owners of the Bonds at the addresses for such Registered Owners appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Registered Owners at the principal office of the Registrar. Section 6. Registration. A. Bond Register. The Bonds shall be issued only in registered form as to both principal and interest. The Registrar shall keep, or cause to be kept, a bond register. B. Registered Ownership. The City and the Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5 hereof, but such registration may be transferred as herein provided. All such payments made as described in Section 5 shall be valid and shall satisfy and discharge the liability ofthe City upon such Bond to the extent of the amount or amounts so paid. .. C. Transfer or Exchange. Bonds shall be transferred only upon the Bond Register kept by the Registrar. Upon surrender for transfer or exchange of any Bond at the office of the Registrar, with a written instrument of transfer or authorization for exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by the registered owner or its duly authorized attorney, the City shall execute and the Registrar shall deliver an equal aggregate principal amount of Bonds of the same maturity of any authorized denominations, subject to such reasonable regulations as the Registrar may prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in connection with such transfer or exchange. All Bonds surrendered for transfer or exchange shall be cancelled by the Registrar. The Registrar shall not be required to transfer or exchange Bonds subject to Page 5 ~a redemption during the 15 days preceding any principal or interest payment date or the date of mailing of notice of redemption of such Bonds, or any Bond after such Bond has been called for redemption. D. Registration Covenant. The City covenants that, until all Bonds have been surrendered and cancelled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. Section 7. Redemption. Bonds maturing on a date on or after January 1, 2017, may be called for redemption at the option of the City on any date on and after January I, 2016 in whole on any date, or in part in increments of $5,000 with maturities to be selected by the City and by lot within a maturity, at a price of par plus accrued interest to the date of redemption, on the dates and in the manner as set forth in the Loan Agreement. Notice of any intended redemption of Bonds shall be given not less than 45 nor more than 60 days prior to the date fixed for redemption by United States mail to registered owners of the Bonds to be redeemed at their addresses as they appear on the Bond Register on the day the notice is mailed; provided, however, that for so long as the Bonds are registered in the name of the Alaska Municipal Bond Bank, all notices shall be given only as provided in the Loan Agreement. The requirements of this section shall be deemed to be complied with when notice is mailed as herein provided, whether or not it is actually received by the Registered Owner. All official notices of redemption shall be dated and shall state: (a) the redemption date; (b) the redemption price; (c) if fewer than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; (d) that on the redemption date the redemption price will become due and payable upon each such bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office ofthe Registrar. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment ofthe redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued. . Page 6 :$$J If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. Section 8. Form of Bonds. The form of the Bonds shall be substantially as follows: No. $ UNITED STATES OF AMERICA CITY OF SEWARD, ALASKA HARBOR IMPROVEMENT REVENUE BOND, 2006 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Seward, Alaska (the "City), a municipal corporation of the State of Alaska, hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or its registered assigns, from the sources stated herein, the Principal Amount indicated above in the following installments on of each of the following years. and to pay. from the sources stated herein, interest on such installments from the date hereof, payable on , 20_ and semiannually thereafter on the first days of each and of each year, at the rates per annum as follows: Interest Rate Maturity Date Principal Amount .. For so long as this Bond is owned by the Alaska Municipal Bond Bank (the "Bond Bank"). payment of principal and interest shall be made as provided in the Loan Agreement between the Bond Bank and the City. In the event that this Bond is no longer owned by the Bond Bank, payment of principal of and interest on this Bond will be made by check or draft mailed by first class mail to the registered owner at the address appearing on the bond register of the City. provided that the final installment of principal and interest on this Bond will be payable at the office of the City Finance Director (the "Registrar") upon surrender of this Bond. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. Both principal of and interest on this bond are payable in lawful money of the United States of America solely out of the special fund of the City known as the "Harbor Improvement Revenue Bond Account" created by Section 12 of Resolution No. 2000-094. Page 7 31 This bond is one of an issue of bonds (the "Bonds") of like date and tenor except as to number, rate of interest, and date of maturity, aggregating the principal sum of $ and is issued pursuant to the Constitution and statutes of the State of Alaska and the Charter and duly adopted resolutions and ordinances of the City, including Resolution No. 2006-05 (the "Bond Resolution"), Resolution 2000-094 and Resolution 2005-58. The definitions contained in the Bond Resolution shall apply to capitalized terms contained herein. The Bonds are being issued for the purpose of undertaking certain capital improvements in the City's Small Boat Harbor. Bonds maturing on or after , 20_, may be called for redemption at the option of the City on any date on and after in whole on any date, or in part in increments of $5,000 with maturities to be selected by the City and by lot within a maturity, at a price of par plus accrued interest to the date of redemption. Notice of any such intended redemption shall be given as provided in the Loan Agreement. From and after the date fixed for redemption, interest on any Bonds so called for redemption shall cease to accrue, provided funds for such redemption are on deposit in the Bond Account. The City does hereby pledge and bind itself to set aside out of Pledged Revenues of the City and to pay into the Bond Account the various amounts required by the Bond Resolution to be paid into and maintained in said Account all within the times provided in the Bond Resolution. The pledge of Pledged Revenues contained herein and in the Bond Resolution may be discharged by making provision, at any time, for the payment of the principal of and interest on this Bond in the manner provided in the Bond Resolution. The pledge of amounts to be paid into the Bond Account is hereby declared to be a lien and charge upon the Pledged Revenues superior to all other charges of any kind or nature and equal in rank to the lien and charge thereon for amounts pledged to the payment of any Parity Bonds issued. The City has further bound itself to maintain the System in good condition and repair, to operate the same in an efficient manner and at a reasonable cost, and to establish, maintain and collect Passenger Fees for as long as any Parity Bonds are outstanding that will provide Pledged Revenues in an amount equal to at least the amount of the Annual Debt Service Requirement for such year on all outstanding Parity Bonds. . It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Alaska and the Charter and resolutions of the City to be done precedent to and in the issuance of this bond have happened, been done and performed. Page 8 ~. IN WITNESS WHEREOF, the City of Seward, Alaska, has caused this bond to be executed with the manual or facsimile signature of its Mayor and to be countersigned with the manual or facsimile signature of its Clerk and the official seal of the City to be impressed or imprinted hereon, as of this _ day of ,2006. CITY OF SEWARD, ALASKA Vanta Shafer, Mayor A T T EST: Jean Lewis, CMC, City Clerk (City Seal) (Form of Assignment) ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please insert Social Security or taxpayer identification number of transferee) (Please print or typewrite name and address, including zip code of Transferee) the within bond and does hereby irrevocably constitute and appoint of , or its successor, as Registrar, to transfer said bond on the books kept for registration thereof with full power of substitution in the premises. .. Page 9 ~ DATED: NOTE: The signature on this Assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. SIGNATURE GUARANTEED: Section 9. Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor of the City, countersigned with the manual or facsimile signature of the Clerk. The official seal of the City shall be impressed or imprinted on each Bond. The execution of a Bond on behalf of the City by persons that at the time of the execution are duly authorized to hold the proper offices shall be valid and sufficient for all purposes, although any such person shall have ceased to hold office at the time of issuance and delivery ofthe Bond or shall not have held office on the date of the Bond. Section 10. Mutilated. Destroved. Stolen or Lost Bonds. Upon surrender to the Registrar of a mutilated Bond, the City shall execute and deliver a new Bond of like maturity and principal amount. Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been destroyed, stolen or lost and of the ownership thereof, and upon furnishing the City with indemnity satisfactory to it, the City shall execute and deliver a new Bond of like maturity and principal amount. The person requesting the authentication and delivery of a new Bond pursuant to this section shall comply with such other reasonable regulations as the City may prescribe and pay such expenses as the City may incur in connection therewith. Any Bonds issued pursuant to this section in substitution for Bonds alleged to be destroyed, stolen or lost shall constitute original additional contractual obligations on the part of the City, whether or not the Bonds alleged to be destroyed, stolen or lost be at any time enforceable by anyone, and shall be equally and proportionately secured with all other Bonds issued hereunder. " Section 11. Priority of Use of Pledged Revenues. Pledged Revenues are hereby pledged to and shall be used only for the following purposes and in the following order of priority: First, to make all payments, including sinking fund payments, required to be made into the Debt Service Subaccount for the payment of the principal of and interest on Parity Bonds; Second, to make all payments required to be made into the Reserve Subaccount; Page 10 ~o Third, to make all payments, including sinking fund payments, required to be made into a subordinate lien debt service account for the payment of the principal of and interest on any subordinate lien bonds; Fourth, to make all payments required to be made into a reserve account for subordinate lien bonds; Fifth, to make all required payments of charges or fees in lieu of City taxes; and Sixth, to pay the costs of additions, betterments, improvements and repairs to and extensions and replacements of the City Small Boat Harbor to purchase or redeem harbor improvement revenue bonds or notes of the City, or for any other proper purpose in connection with the operation of the City Small Boat Harbor. Section 12. Harbor Improvement Revenue Bond Account and Subaccounts Therein. In accordance with Section 12 of Resolution 2000-094, there was created a special fund of the City known as the "Harbor Improvement Revenue Bond Account" (the "Bond Account"), which fund is a trust fund to be drawn upon for the sole purpose of paying the principal of and interest and premium, if any, on all Parity Bonds. The Bond Account consists of two sub accounts, the Debt Service Subaccount and the Reserve Subaccount. Amounts pledged to be paid into the Bond Account are hereby declared to be a lien and charge upon Pledged Revenues superior to all other charges of any kind or nature and equal in rank to the charge thereon to pay and secure the payment of the principal of and interest on all Parity Bonds. From and after the time of issuance and delivery of the Bonds and as long thereafter as any of the same remain outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay into the Debt Service Subaccount out of Pledged Revenues or out of any other moneys legally available therefor on or before the 20th day of each month the following: A. Such amounts, in approximately equal monthly installments, as will be sufficient to accumulate the amount required to pay the interest scheduled to become due on Parity Bonds on the next interest payment date; and . B. Such amounts, in approximately equal monthly installments, as will be sufficient to accumulate (i) the principal amount of all Parity Bonds due for which no sinking fund installments have been established, plus (ii) the unsatisfied balance of any sinking fund installment for Parity Bonds, in each case during the next 12 months. Moneys in the Debt Service Subaccount may be held in cash or invested in Government Obligations which investments mature prior to the time such money is required for the payment of the principal of or interest on the Parity Bonds. All interest earned on and profits derived from such investments shall remain in and become a part of the Debt Service Subaccount. Page II 41 Section 13. Reserve Subaccount. The City hereby covenants and agrees that it will at the time of issuance of the Bonds cause amounts to be paid into the Reserve Subaccount such that the total amount in the Reserve Subaccount will be equal to the Reserve Subaccount Requirement. The City further covenants and agrees that it will set aside and pay into the Reserve Subaccount amounts from Pledged Revenues, commencing with the first month following the closing and delivery of the Bonds, so that the amount on deposit in the Reserve Subaccount will at all times be at least equal to the Reserve Subaccount Requirement. The City further covenants and agrees that in the event it issues any future Parity Bonds hereafter it will provide in each resolution authorizing the same that at the time of issuance of such Bonds, payments will be made into the Reserve Subaccount such that the total amount of such payments together with the money already in the Reserve Subaccount will be equal to the Reserve Subaccount Requirement. The City further covenants and agrees that it will at all times maintain therein an amount at least equal to the Reserve Subaccount Requirement until there is a sufficient amount in the Bond Account and Reserve Subaccount to pay the principal of, premium, if any, and interest on all outstanding Parity Bonds, at which time the money in the Reserve Subaccount may be used to pay such principal, premium, if any, and interest; provided, however, that moneys in the Reserve Subaccount may be withdrawn, or set aside in a special account in the Bond Account pursuant to Section 19 of this resolution, to pay (with or without other available funds) the principal, premium, if any, and interest on all of the outstanding Parity Bonds of any single issue or series payable out of the Bond Account, so long as the moneys remaining on deposit in the Reserve Subaccount are at least equal to the Reserve Subaccount Requirement on all of the remaining outstanding Parity Bonds. The City may, from time to time, transfer from the Reserve Subaccount to the Debt Service Subaccount amounts in excess of the Reserve Subaccount Requirement. In the event there shall be a deficiency in the Debt Service Subaccount for meeting maturing installments of either principal of or interest on Parity Bonds, such deficiency shall be made up from the Reserve Subaccount by the withdrawal of cash therefrom. Any deficiency created in the Reserve Subaccount by reason of any such withdrawal shall then be made up from Pledged Revenues first available therefor after making necessary provision for the required payments into the Debt Service Subaccount. Investments in the Reserve Subaccount shall be valued at amortized cost except that in the event of a deficiency in the Reserve Subaccount caused by the withdrawal or transfer of moneys therefrom the amount of such deficiency shall be determined by valuing all investments in the Reserve Subaccount at the then market value. . All money in the Reserve Subaccount may be kept in cash or invested in Government Obligations. Such investments shall mature not later than the last maturity of Parity Bonds outstanding at the time of their purchase. Interest on any such investments and/or any profits realized from the sale thereof shall be deposited in and become a part of the Debt Service Subaccount. Page 12 .. ..';).. t4~" Section 14. Investment of Certain Accounts. Moneys held in the Bond Account and in the Reserve Subaccount shall be invested and reinvested to the fullest extent practicable in Government Obligations which mature not later than at such times as shall be necessary to provide moneys when needed for payments to be made from such Accounts, and in the case of the Reserve Subaccount not later than fifteen years from the date of such investment. Nothing in this resolution shall prevent any Government Obligations from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. Obligations purchased as an investment of moneys in any Account or Subaccount created under this resolution shall be deemed at all times to be a part of such Account or Subaccount and any profit realized from the liquidation of such investment shall be credited to such Account or Subaccount and any loss resulting from the liquidation of such investment shall be charged to the respective Account or Subaccount. In computing the amount in any Account or Subaccount created under this resolution for any purpose provided in this resolution, obligations purchased as an investment of moneys therein shall be valued at cost plus interest accrued and unpaid at the date of computation. Section 15. Specific Covenants. The City hereby covenants with the owners of each of the Parity Bonds for so long as any of the same remain outstanding as follows: A. The City will establish, maintain and collect Passenger Fees and Net Revenues in each Fiscal Year that will provide Pledged Revenues in an amount equal to the amount of the Annual Debt Service Requirement for such year on all outstanding Parity Bonds. B. The City will at all times maintain, preserve and keep the System and every part and parcel thereof in good repair, working order and condition; will from time to time make or cause to be made all necessary and proper repairs, renewals and replacements thereto so that the business carried on in connection therewith may be properly and advantageously conducted; and will at all times operate the System in an efficient manner and at a reasonable cost. . C. The City will at all times carry all-risk insurance and such other forms of insurance on such of the buildings, equipment, property and facilities of the System as are ordinarily insured in such amounts and with such deductibles as under good business practice are ordinarily carried on such buildings, equipment, property and facilities but such insurance shall in all events be in an amount at least equal to the lessor of (i) 80% of the estimated replacement cost of the insurable parts of the System or (ii) the aggregate principal amount of the Parity Bonds then outstanding, in each case such all-risk insurance shall include, but not be limited to, hazards such as fire, water, lightning, tornado, windstorm, hail, explosion, riot, civil commotion, vandalism and malicious mischief, aircraft and vehicles, excluding flood, tidal wave, wavewash, subsidence, or earthquake insurance. In addition to the above insurance, the City shall also carry public liability insurance and such other types of insurance as are usually carried by municipal Page 13 ~31 corporations operating like properties. All such insurance shall be carried with responsible insurers and the policies shall be payable to the City. D. The City will keep and maintain proper books and accounts with respect to the operation of the System in such manner as prescribed by any authorities having jurisdiction over the System; will cause its books and accounts to be audited annually be a certified public accountant not later than 180 days following the end of each Fiscal Year, copies of which audits shall, upon request, be furnished to the owners of the Parity Bonds. Said audit shall show whether or not the City has in all respects performed and complied with the covenants set forth in this resolution, including the payments into the Debt Service Subaccount and Reserve Subaccount provided for herein. E. All employees and agents of the City collecting or handling money of the City in connection with the management and operation of the System shall be bonded in an amount commensurate with the funds they handle and in an amount sufficient to protect the City from loss. F. The City will not sell or otherwise dispose of the System unless contemporaneously with such sale or disposal there shall be paid from the Bond Account a sum sufficient to pay the principal of and interest on all Parity Bonds then outstanding to the date or dates on which they first may be redeemed, nor will it sell or otherwise dispose of any part of the System which is material to the production of Pledged Revenues unless, in the opinion of the Consulting Engineer, the remaining System will generate Pledged Revenues sufficient to enable the City to comply with the requirements of this resolution and each resolution authorizing the issuance of Parity Bonds. G. The City will not at any time create or permit to accrue or exist any lien or other encumbrance or indebtedness upon the System or the Pledged Revenues, or any part thereof, or upon any Account or Subaccount created hereunder, prior or superior to the lien thereon for the payment of the Parity Bonds, and will pay and discharge, or cause to be paid and discharged, any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien or charge upon the Pledged Revenue, or any part thereof, or upon any Account or Subaccount in the hands of the City, prior or superior to the lien of the Parity Bonds, or which might impair the security of the Parity Bonds. H. The City will not expend any of the Pledged Revenues or the proceeds of any indebtedness payable from Pledged Revenues for any additions, betterments or improvements to the System which are not economically sound and which will not properly and advantageously contribute to the conduct of the business of the System in an efficient and economical manner. I. At any and all times the City shall, as far as it may be authorized by law, make, do, execute, acknowledge, and deliver all further resolutions, acts, deeds, conveyances, assignments, transfers, and assurances as may be necessary or desirable for better assuring, conveying, granting, pledging, assigning, and confirming all and singular the rights, revenues, Page 14 .:l<> .'tr 4l"-.Il and other funds, moneys, and securities pledged or assigned under the resolution, or intended so to be, or which the City may become bound to pledge or assign. J. The City is duly authorized under all applicable laws to create and issue the Bonds and to adopt this resolution and to pledge the Pledged Revenues and other funds, moneys, and securities purported to be pledged by this resolution in the manner and to the extent provided in this resolution. The Pledged Revenues and other funds, moneys, and securities so pledged are and will be free and clear of any pledge, lien, charge, or encumbrance thereon or with respect thereto prior to, or of equal rank with, the pledge and assignment created by this resolution, and all corporate or other action on the part of the City to that end has been and will be duly and validly taken. The Bonds and the provisions of this resolution are and will be the valid and legally enforceable obligations of the City in accordance with their terms and the terms of this resolution. The City shall at all times, to the extent permitted by law, defend, preserve, and protect the pledge of the Pledged Revenues and the other funds, moneys, and securities pledged under this resolution and all the rights of the Bondholders under this resolution against all claims and demands of all persons whomsoever. K. The City has, and will have so long as any Parity Bonds are outstanding, good right, and lawful power to operate, maintain, and repair the System and to fix and collect rates, fees, and other charges related to the System. L. The City shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the City under the laws of the State of Alaska and this resolution. Section 16. Subordinate Lien Bonds. Nothing contained herein shall prevent the City from issuing revenue bonds or notes which are a charge upon Pledged Revenues subordinate or inferior to the payments required herein to be made therefrom into the Debt Service Subaccount and Reserve Subaccount, or from issuing harbor improvement revenue bonds to refund maturing bonds for the payment of which moneys are not otherwise available. Section 17. Covenants Regarding Arbitrage and Private Activitv Bonds. The City hereby covenants that it will not make any use of the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of such Bonds pursuant to Section 148 of the Code which will cause the Bonds to be "arbitrage bonds" within the meaning of said section and the regulations applicable thereunder. The City will comply with the requirements of Section 148 of the Code (or any successor provision thereof applicable to the Bonds) and the applicable regulations thereunder throughout the term of the Bonds. The City further covenants that it will not take any action or permit any action to be taken that would cause the Bonds to constitute "private activity bonds" under Section 141 of the Code. The City will take any action determined by the City, after consultation with its bond counsel, to be legal and practicable and required to be taken by the City under future federal laws or regulations in order to maintain the exemption of the interest on the Bonds from federal income taxation. Page 15 ~5 Section 18. Defeasance. In the event that money and/or Acquired Obligations maturing at such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire any or all of the Bonds in accordance with their terms are set aside in a special trust account in the Bond Account to effect such redemption or retirement and such money and the principal of and interest on such obligations are irrevocably set aside and pledged for such purpose, then no further payments need to be made into the Bond Account for the payment of the principal of and interest on such Bonds, and such Bonds shall cease to be entitled to any lien, benefit or security of this resolution except the right to receive the funds so set aside and pledged, and such Bonds shall be deemed not to be outstanding hereunder or under any other resolution authorizing the issuance of Future Parity Bonds. Section 19. General Authorization to Municipal Officials. After the sale of the Bonds, the proper officials of the City are hereby authorized and directed to do everything necessary to complete such sale and to deliver the Bonds to the purchaser thereof upon payment of the purchase price thereof. Section 20. Amendatory and Supplemental Resolutions. A. The Council from time to time and at any time may pass a resolution or resolutions supplemental hereof, which resolution or resolutions thereafter shall become a part of this resolution, for anyone or more of the following purposes: (1) To add to the covenants and agreements of the City contained in this resolution, other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the City. (2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this resolution or in regard to matters or questions arising under this resolution as the Council may deem necessary or desirable and not inconsistent with this resolution and which shall not adversely affect the interest of the owners of Parity Bonds. Any such supplemental resolution of the Council may be adopted without the consent of the owner of any Parity Bonds at any time outstanding, notwithstanding any of the provisions of subsection B of this section. B. With the consent of the owners of not less than 60% in aggregate principal amount of Parity Bonds at the time outstanding, the Council may pass a resolution or resolutions supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this resolution or of any supplemental resolution; provided, however, that no such supplemental resolution shall: (1) Extend the fixed maturity of any of the Parity Bonds, or reduce the rate of interest thereon, or reduce the amount or change the date of any sinking fund installment Page 16 4tti requirement, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the owner of each Parity Bond so affected; or (2) Reduce the aforesaid percentage of owners of Parity Bonds required to approve any such supplemental resolution without the consent of the owners of all of the Parity Bonds then outstanding; or (3) Remove the pledge and lien of this resolution on Pledged Revenues. It shall not be necessary for the consent of the owners of Parity Bonds under this subsection B to approve the particular form of any proposed supplemental resolution, but it shall be sufficient if such consent shall approve the substance thereof. C. Upon the passage of any supplemental resolution pursuant to the provisions of this section, this resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations of the City under this resolution and all owners of Parity Bonds outstanding hereunder shall thereafter be determined, exercised and enforced thereunder, subject in all respects to such modification and amendment, and all the terms and conditions of any such supplemental resolution shall be deemed to be part of the terms and conditions of this resolution for any and all purposes. D. Parity Bonds executed and delivered after the execution of any supplemental resolution adopted pursuant to the provisions of this section may bear a notation as to any matter provided for in such supplemental resolution, and if such supplemental resolution shall so provide, new Parity Bonds so modified as to conform, in the opinion of the Council, to any modification of this resolution contained in any such supplemental resolution, may be prepared by the City and delivered without cost to the owners of Parity Bonds then outstanding, upon surrender for cancellation of such Parity Bonds in equal aggregate principal amounts. Section 21. Disposition of the Proceeds of Sale of the Bonds. The proceeds received from the sale of the Bonds (exclusive of accrued interest, if any, which shall be paid into the Debt Service Subaccount) shall be deposited into the fund of the City designated by the Finance Director and shall be used to pay all costs allocable to the issuance of the Bonds and to undertake improvements authorized by Section 3 of this resolution. Section 22. Loan Agreement and Continuing Disclosure. The City Manager and Finance Director are each authorized to enter into a Loan Agreement with the Alaska Municipal Bond Bank providing for and relating to the sale of the Bonds to the Alaska Municipal Bond Bank, and a Continuing Disclosure Certificate, and the City Manager and Finance Director are authorized to cause the same to be executed and delivered on behalf of the City. Section 23. Severability. If anyone or more of the covenants or agreements provided in this resolution to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or Page 17 ~1 agreements shall be null and void and shall be deemed separable from the remaining covenants and agreements in this resolution and shall in no way affect the validity of the other provisions of this resolution or of the Bonds. Section 24. Effective Date. This resolution shall become effective 30 days following adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of January, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC, City Clerk (City Seal) Page 18 ~s Council Agenda Statement From: January 9, 2006 Clark Corbridge, City Manager C!.~ (-4 -iJ " Kristin Erchinger, Finance Director ~ Meeting Date: Through: Agenda Item: Harbor $4.5 Million Revenue Bond Issue for "Step 2" of the Harbor Expansion Project, Including Construction of New South Harbor (Floats M, N, 0, P, Q) and Upland Amenities BACKGROUND & .JUSTIFICATION The Seward City Council has held more than 25 meetings in the past two years, aimed at addressing harbor-related expansion and funding issues. At its meeting of April 25, 2005, the Council approved Resolution 2005-27, accepting their final desired expansion configuration (reflected in the Harbor Layout maps prepared by Tryck, Nyman, Hayes, Inc. dated 4/5/05), with a total price tag of $8,664,215, and directing the administration to propose a moorage rate increase to fund the entire Harbor Expansion Project. The $8,664,215 project includes construction of Z-Float at a cost of $2,464,450. The administration has consistently recommended a three-step approach to completing this entire project. Step 1 extends the concrete floats on E, F, and J Floats, relocates X Float and the Fuel Float, and moves water service to X Float. Step 1 will construct approximately 34 new slips and add 382 linear feet of moorage. This phase of the project was funded with a moorage rate increase of 12.96% which went into effect January 1,2005, and which represented the funding stream used to achieve revenue bond fmancing of $1.5 million, per Resolution 2005-58 passed by the Seward City Council on June 27,2005. The City Council held public work sessions in July and August, 2005 to solicit input on funding alternatives to finance Step 2 of the project. This Step constructs the South Harbor, including new M, N, 0, P, and Q Floats, and associated upland items in the South and East Harbors at an estimated cost of $4.5 million. This Step will construct approximately 106 new slips, add 377 linear feet of moorage and 1,024 feet of skiff space, and is expected to generate $180,576 in new annual revenues. Funding for Step 2 of the project was approved by the Seward City Council in two separate resolutions passed on September 12, 2005. Resolution 2005-80 approved an increase in the harbor passenger fee from $1.50 to $3.50 per passenger, effective January 1, 2006, which is expected to generate approximately $333,000 per year. Resolution 2005-81 approved a 10% increase in moorage rates effective January 1, 2006, which will generate approximately $116,000. When combined with the moorage generated by the new slips, these additional rate increases are expected to generate revenues sufficient to cover the annual debt service on $4.5 million in revenue bonds, including required debt service coverage. . The attached resolution authorizes the issuance of up to $4.5 million in harbor revenue bonds in order to complete Step 2 of this project, as described above. These bonds are expected to be repaid over a period of 20 years, and this resolution authorizes issuance of such a bond issue only if interest rate on the bonds does not exceed 6% per annum. FISCAL NOTE The cost of the bond issuance will be paid within the $4.5 million threshold. Harbor revenues are sufficient to cover the cost of the annual debt service on the bO,~~s a~atelY $160,000 per year in additional annual operating costs. Approved by Finance: . /it RECOMMENDATION City Council authorize the issuance of up to $4.5 million in harbor revenue bonds for the purpose of completing Step 2 of the Harbor Expansion Project. t$t Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE 2005 BUDGET AND APPROPRIATING $96,305.59 IN SALES TAX REVENUES TO THE HOSPITAL DEBT SERVICE FUND WHEREAS, the 2005 Operating Budget anticipated that one cent of every four cents in sales tax collected by the City of Seward would be transferred to the Hospital Debt Service Fund to be used to pay: the debt service costs related to construction of the hospital facility; the hospital Public Employees Retirement System (PERS) liability; and to finance major repair and replacement costs associated with healthcare; and WHEREAS, the 2005 Operating Budget included an estimated amount of $747,500 in sales tax revenues to be transferred from the General Fund to the Hospital Debt Service Fund, based on initial estimated total sales tax cash receipts of $2,990,000 (final sales tax projections for 2005 were $3,060,000); and WHEREAS, the actual sales tax receipts from the Kenai Peninsula Borough during 2005 are expected to exceed budgeted estimates by approximately $315,222, requiring an additional transfer of $96,305.59 to the Hospital Debt Service Fund, for a total estimated annual transfer from the General Fund to the Hospital Debt Service Fund of$843,805.59. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The 2005 Operating Budget shall be amended by appropriating an additional $96,305.59 from the General Fund Transfers-Out account no. 101-0000-3070-0801 to the Hospital Debt Service Fund Transfers-In account no. 801-0000-3070-0101. Section 2. This resolution shall be retroactive to December 31, 2005. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of January, 2006. . THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor ~'i\....' "'I!(i'<(:i COUNCIL AGENDA STATEMENT Agenda Item: January 9, 2006 Clark Corbridge, City Manager W I-Cf-(J/, Kristin Erchinger, Finance Director '{IV 2005 Budget Amendment appropriating additional sales tax revenues to the Hospital Debt Service Fund ,. of'S"", ~~1> !:: ~~. ~ ,~............o " ".F;;;;_~-.. ~;;;; "l~"s...'" Meeting Date: Through: From: BACKGROUND & JUSTIFICATION: The City Council has historically agreed to allocate one cent of every four cents in sales tax toward hospital-related costs to pay debt service costs related to construction of the new hospital facility, retire the hospital Public Employee's Retirement System (PERS) liability, and to provide for major repairs and replacement for healthcare facilities. The 2005 Budget included an estimated amount of $747,500 to be transferred from the General Fund to the Hospital Debt Service Fund, based on initial estimated sales tax receipts of $2,990,000. The actual sales tax collected from the Kenai Peninsula Borough during 2005 is expected to exceed budgeted projections by approximately $315,222, necessitating a budget amendment. Based on the total sales tax collected, an additional $96,305.59 must be transferred from the General Fund to the Hospital Debt Service Fund, bringing the total transfer for 2005 to $843,805.59. This amount will offset the total 2005 debt service payments on the hospital bond of $705,750, leaving a surplus of $138,055.59 that can be applied to the outstanding Public Employees Retirement System debt associated with Seward General Hospital employee pension obligation costs. CONSISTENCY CHECKLIST: 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable Yes No ...x... FISCAL NOTE: Additional unbudgeted sales tax revenues will be utilized to facilitate this transfer, so it does not adversely impact the General Fund's fund balance. Approved by Finance Department I~ ~ RECOMMENDATION: Council approve Resolution 2006-& amending the 2005 Operating Budget by appropriating an additional $96,305.59 from the General Fund Transfers-Out account to the Hospital Debt Service Fund Transfers-In account, effective December 31,2005. ~ Agenda Statement Meeting Date: January 9, 2006 CityClakJean~ Appoint New Member for Vacant Council Seat . From: Agenda Item: BACKGROUND & mSTIFICATION: With the passing of Council member Margaret Branson, her city council seat was deemed vacant at the December 12, 2005 regular city council meeting and the clerk was directed to begin the advertising process. The notice of vacancy was published in the Seward Phoenix Log on December 15 and December 22, 2005, as well as posted in 3 spots around town. Declaration of candidacy forms, letters of interest and Alaska Public Office Commission Financial forms were solicited and accepted. Those candidates are: Kevin Clark, Michael Calhoon, Marilyn Sutherland and Jean Bardarson. Chapter 2, Section 2 of the Charter (attached) states; the person who fills this vacancy must be an elector of the city, and shall have resided in the city continuously for a period of not less than one year immediately preceding the date of filing. A declaration of candidacy was signed and notarized by each candidate stating they met these qualifications. The council shall be the judge of the election and qualifications of its members. Chapter 2, Section 13 of the Charter (attached) states; the council shall fill the vacancy by appointment within 30 days. That date would be by January 11, 2006 to be within that period. Either vote for a candidate of your choice on the ballots provided, narrowing it down to two to vote on, or nominate candidates, close nominations, then vote. RECOMMENDATION: Council vote on signed ballots provided by the clerk, and after votes announced, Council by motion and voice vote, nominate and appoint the candidate receiving the highest number of votes, (must have at least 4 votes) with their term to expire following the October 3, 2006 regular election. *~ ~~ THE CHARTER Chapter 2. Sections: 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 Officers Enumerated Eligibility for elective city office Persons ineligible for city office or employment Notice of election or appointment (Repealed 10/04/94) Compensation of officers Oath of office Surety bonds Giving of surety by officers and employees prohibited When office to become vacant Resignations Removal from office Recall Filling vacancies Delivery of office to successor 2.1 Enumerated. (a.) . The elective officers of the city are the mayor and six council members. (b.) The appointive officers of the city are the city manager, the city clerk and the city attorney. ( c.) The administration officers are all other officers of the city other than elective officers and appointive officers. * 2.2 Eligibility for elective office. (a.) To be eligible to file for election to a city office a person shall be an elector of the city and shall have resided in the city or territory annexed to the city continuously for a period of not less than one year immediately preceding the date of filing. (b.) A person appointed to fill a vacancy in an elective office must have such.qualifications at the time of his appointment. ( c.) The council shall be the judge of the election and quaIifications of its members. (10/04/94, Resolution No. 94- I 10) 2.3 Persons ineligible for city office or employment. A person who holds or has held an .elective city office shall not.be eligible for appointment to an office or employment for which a salary is paid by the city until one year has elapsed following the term for which he was elected or appointed. An exception may be made with the approval offour or more members of the council. 2.4 Notice of election or appointment. Repealed 10/04/94. (Resolution No. 94-111) " . S~ City of Seward Supplement No. 97-1 07/97 C-5 THE CHARTER 2.10 Re~ignatjoDs. Resignation~ of officers shall be made in writing and filed with the city clerk, who shalJ immediately notifY the proper officials concerned. 2.11 Removal from office. (a) The council may remove the city manager, the city clerk, the city attorney and members of boards regardless of term of office. The person so removed from office shalJ have the right to public hearing before the council concerning the cause for his removal. (b) City .employees. shall be protected from arbitrary discharge by Code provision. . 2.12 Recall. An elective officer may be recalled, and the vacancy thereby created shall be filled in the manner prescribed by law. -fr 2.13 Filling vacancies. . ( a) If a vacancy Occurs in an elective office, oth~r than a vacancy occurring from a recall: I. If the vacancy occurs more tlian two weeks before the last time for tiling for the offices to be filled at the next regular city election, the council shall fill the vacancy by appointment within thirty days, with the person appointed serving until the next time when terms of elective officers begin. If the unexpired term of the vacated office extends beyond the next time when terms of elective officer~ b~gin, the office shall be filled for the remainder of the unexpired term at the next regular city election. 2. If the vacancy occurs no more than two weeks before the last time for filing declarations of candidacy for offices to be filled at the next regular city election, the council shall not fill the vacancy until immediately after the council organizes following such regular city election, and the council then shall fill any such vacancy by appointment for the remainder of the unexpired 'term. (b) If a vacancy occurs in an appointive office, such vacancy shall be filled within ninety days thereafter in the manner provided for making the original appointment. Such time may be extended for not to exceed an additional ninety days by council resolution setting forth the reasons therefor. (I 0/04/94, Resolution No, 94- I 12) 2.14 Delivery of office to Successor. Whenever an officer of employee leaves an office or employment for any reason, he shall deliver forthwith to his successor in the office or to the mayor all records, books, working papers, moneys, effects, and property in his custody, possession, or control, which are the property of the city. Supplement No. 97-] 07/97 Sl C-7 City of Seward " , . . , \ City of Seward. Alaska May 10, 2004 City Council Minutes Volume 36, Page394 Motion (Clark/Amberg) Approve Resolution 2004-58 No: Abstain: Valdatta, Clark, Branson, Amberg None Shafer Motion passed Yes: Council recessed at 9:00 pm Council resumed at 9:10 pm Other New Business Items Schedule a work session on Phase 1 of the East Harbor expansion project. Mayor Shafer requested Kris Erchinger be present at the East Harbor expansion work session. The work session was scheduled for MaYl?~,Q!l4.at P;'oQ.nlR.,.",._. Ii II" ~. Appoint a new council member to fill the vacant seat with a term to expire at the regular city election on October 5, 2004. Applications received from: Stu Clark, Tim McDonald, Steve Schafer and Margaret Anderson. On a written vote tally taken before the motion, there were 4 for Margaret Anderson and one for Steve Schafer. Motion (Branson/Amberg) Nominate and appoint Margaret Anderson to fill the vacant seat with a term ending October 2004. , i I Motion Passed Unanimous City Clerk Jean Lewis announced Margaret Anderson would be sworn in at the next council meeting on May 24, 2004. IScusslon 0 AU-Hazard Mitigation Plan. , ~~~~... '" .-.. . .~ .-." ~~ Shealy asked the Mayor and Council to review the proposed plan and to consider any public input or suggested changes that people and/or council may feel necessary. With input received from council and the public, the plan would be submitted to the Kenai Borough, the State of Alaska and finally FEMA for review. Upon approval by FEMA, the plan would be returned to council for final adoption. Mayor Shafer clarified that the City Clerk and the Library both had the Hazard Mitigation Plan available for the public to review. ,~ AGENDA STATEMENT From: January 9, 2005 Johanna Dollerhide, Assistant City Cler~P' Non-objection to the Liquor License Renewal for Peking Restaurant I Meeting Date: Agenda Item: BACKGROUND & JUSTIFICA nON: The City Council has an opportunity to object to the request for a liquor license renewal for Peking Restaurant. The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the new liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDA nON: Non-objection to the Restaurant/Eating Place Public Convenience Liquor License renewal for Peking Restaurant. , ~ 56 MEMORANDUM Date: December 1, 2005 To: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Tom Clemons, Chief of Police Johanna DolledUde, Assi_t City Clod< ~fr Verifying Compliance for Liquor License Renewal From: Subj: r o"St:1ti ".~:4'9 (j ~~: ~.I':~..... ~ .1.. ..;.'~~ 11, "~;.::\.t ~v'",;. "'(AS"'''' The following business has applied for a Beverage Dispensary Liquor License Renewal. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Peking Restaurant - #4215 Finance/Leases FinancelUtilities Police Chief ifIL Cll- ~~ 57 Initials DEC-14-2005 WED 08:47 AM KENAI PENN BOROUGH CLERK FAX NO. 907 262 8615 P. 1/01 . '-I ....~. _.~ KENAI PENINSULA BDRDUGH 144 N. BINKLEY SOLDOTNA. ALASKA 99669-7599 BUSINESS (907) 714.2160 FAX (907) 714-2388 EMAI!..:8$sernblyclerk@borough.k.enal.ak.us t SHERRY BIGGS CMC BOROUGH CL RK December 14, 2005 Ms. Dawn Hol1and- Wi11iamlt Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 R.e; Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the appticaLion(s) for renewal of the liquor licensees) for the following establishmcmt(s), located in the City of Seward, Alaska: RestaurantlEatin2 Place Public Cooveoience Hye Suk MiD. DBA Peking Restaurant - #4215 Packaee Store Harbor Gateway, Inc. DBA Gateway Liquor & Food Mart #2683 Three Beats Alaska, Inc. DBA 1'hrce Bears #3909 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based '" on unpaid or delinquent taxes. Sincerely, cc: applicant City of Seward KPB Finance Department File ',~ oS:\WPWIN'DIIT~JOC___aw~ioa.,.wpd Page 1 of2 Jean Lewis From: Jane Hannan Uane_hannan@dps.state.ak.us] Sent: Wednesday, November 30, 2005 9:58 AM To: Jean Lewis Cc: Kenai Peninsula Borough Essert, Sue Ellen; Laurie Lingafelt Subject: ABC Board - Renewal Notification ; Dear Local Governing Body: We have received the following application(s) for renewal ofliquor licensees) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. Type: RestaurantlEating Place Public Convenience License: Peking Restaurant - 06/07 - #4215 Location: 338 4th Avenue Owner: Hye Suk Min Agent: N/A Phone: 907-224-5444 Mailing Address: PO Box 2305 Seward, AK 99664 We have received an application for renewal of a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. S~ 11/3012005 Page 2 of2 AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13AAC 104.335(a)(3), AS 04.11.090(e), and 13AAC 1 04.660( e) must be approved by the governing body. ~ 11/30/2005 AGENDA STATEMENT Meeting Date: J anurary 9, 2005 Johanna Dollerhide, Assistant City Clerk1 ~ Non-objection to the Liquor License Renewal for Three Bears From: Agenda Item: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Three Bears. The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the new liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the Package Store Liquor License renewal for Three Bears. ill MEMORANDUM Subj: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Tom Clemons, Chief of Police Johanna Dollerhide, Assistant City Clerk )..."{ Verifying Compliance for Liquor Licens: ~newal ~~O'FSI:"~ C *:h.' ~ l.I~::l~C) <"c"", ~~~~;r' "'iAs~'" Date: December 2, 2005 To: From: The following business has applied for a Beverage Dispensary Liquor License Renewal. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Three Bears - #3909 Finance/Leases bt (@)", Finance/Utilities QL ~ Police Chief oJl. ~~ DEC-14-2005 WED 08:47 AM KENAI PENN BOROUGH CLE~K rHh NU. tlur LUL UV!v \ I I j \ j \ SHERRY BIGGS,I CMC BOROUGH CL;RK ..\- I....".. P'c;-P~ KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINess (907) 714-2160 FAX (907) 714.2388 EMAIL: aaselTlbIYclerk@borough.kenaLak.us December 14, 2005 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507.1286 Re: Application for Rencwal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough 11as no objection to the approval of the application( s) fOT renewal of the liquor license(s) for the following establishment(s), located in tbe City of Seward. Alaska: Re.'!taurantlEatin2 Place Public Convenience Rye Suk MiD. DBA Peking Restaurant - #4215 Packaee Store Harbor Gateway, Inc. DBA Gateway Liquor & Food Mart #2683 Three Beat'S Alaska, Inc. DBA Three Bears #3909 The Kenai Peninsula Borough Finance Department has reviewed its tiles and has raised no objection based , on \Ulpaid or delinquent taxes. ' Sincerely, cc: applicant City of Seward KPB FinanCe Department File $3 S:\\IIP\VII<'DAT......IIC-~..~,_NEW..~..... iaCity.....1 Page 1 of2 Johanna Dollerhide From: Jean Lewis Sent: Friday, December 02, 2005 9:14 AM To: Johanna Dollerhide Subject: FW: 2006-2007 Renewal Notification - Seward From: Reeda Jaramillo [mailto:reeda.jaramillo@dps.state.ak.us] Sent: Thursday, December 01, 2005 2:44 PM To: Jean Lewis Cc: Sue Ellen Essert Subject: 2006-2007 Renewal Notification - Seward Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. 2006-2007 Type: Package Store License: Three Bears #3909 Location: 1711 Old Seward Hwy Owner: *Three Bears Alaska, Inc. Agent: Larry A Weisz Sr. Phone: 907-883-4324 Mailing Address: PO Box 189 Tok AK 99780 * Corporate name change from L & J Enterprises, Inc. We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitJed to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.ll.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) 'll 12/2/2005 Page 2 of2 municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.01O(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.ll.090(e), and 15 AAC 104.660(e) must be approved by the governing body. , ' 65 12/2/2005 AGENDA STATEMENT Meeting Date: Janurary 9,2005 Johanna Dollerhide, Assistant City Clerk ~ (r' Non-objection to the Liquor License Renewal for Gateway Liquor and Food Mart . From: Agenda Item: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Gateway Liquor and Food Mart. The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the new liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the Package Store Liquor License renewal for Gateway Liquor and Food Mart. '~ MEMORANDUM Date: December 9,2005 To: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Tom Clemons, Chief of Police Johanna Dollerhide, Assistant City Clerk jr- Verifying Compliance for Liquor License Renewal From: Subj: r ...o~Sl;1si $~'h~'?<l> r;:;".~./ 0 .....;'~~ .:. '''''','' ~"$ 1fASt-'" The following business has applied for a Beverage Dispensary Liquor License Renewal. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Gateway Liquor & Food Mart #2683 Finance/Leases FinancelUtilities Police Chief ,,t u.... "r~ '7 Initials ji- '. '...--... ,.; .... _.,pP KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 714-2160 FAX (907) 714-2388 EMAIL: assemblyclerk@borough.kenai.ak.us ~ SHERRY BIGGS, CMC BOROUGH CLERK' December 14, 2005 ~I2C Dce ~/V€"D o IG 'f:'~/C ZOOS C/'i.,,"l2 o~ Cl.ISI?~ItS Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Seward, Alaska: Restaurant/Eatim! Place Public Convenience Hye Suk Min, DBA Peking Restaurant - #4215 Packae:e Store Harbor Gateway, Inc. DBA Gateway Liquor & Food Mart #2683 Three Bears Alaska, Inc. DBA Three Bears #3909 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, cc: applicant City of Seward KPB Finance Department File S:\WPWIN\DAT A\ABC Boanf\Abc-lettm\RENEW ALS\Rcnewal in City. wpd th$ AGENDA STATEMENT Meeting Date: January 9,2005 Johanna DolJerl>ide. ""i,tan! City C1er~ <;- Non-objection to the Liquor License Renewal for the Marina Restaurant From: Agenda Item: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the Marina Restaurant. The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the new liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the RestaurantJEating Place Public Convenience Liquor License renewal for the Marina Restaurant. ~~ MEMORANDUM To: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Tom Clemons, Chief of Police Johanna Dollerhide, Assistant City Clerk A ~ Verifying Compliance for Liquor LicensJenewal ~ O~SI;It< ~'91\ !::- .~h.~~""""o " ~~'!;;~~'it , ~~, ~"'" "'l:",!it-I>: Date: January 9, 2005 From: Subj: The following business has applied for a Beverage Dispensary Liquor License Renewal. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Marina Restaurant #3021 Finance/Leases (42405 ok. 1J;L! FinancelUtilities 12./ z:z./l>6 CiL ~ Police Chief (,;) (C ~ - ~.:"" It'1tIJ ..,. ".....""~ ..".".. ~ KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 714-2160 FAX (907) 714-2388 EMAIL: assemblyclerk@borough.kenai.ak.us ~ SHERRY BIGGS, CMC BOROUGH CLERK December 22, 2005 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK. 99507-1286 Re: Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor licensees) for the following establishment(s), located in the City of Seward, Alaska: Restaurant I Eatinl!: Place Marina Restaurant - #3021 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Sherry Bigg Borough Clerk cc: applicant City of Seward KPB Finance Department File S~WPWINIDATA\ABCIlo_1eI1en\RBNEW~a1 iD City.wpd 11 Page 1 of3 Johanna Dollerhide From: Dawn R. Holland-Williams [dawn_holland-williams@dps.state.ak.us] Sent: Thursday, December 22, 2005 9:04 AM To: Homer; Kenai; Johanna Dollerhide; Jean Lewis; Kenai PB Subject: Renewal Notification Dear Local Governing Body: We have received the following application(s) for renewal of liquor licensees) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. CITY OF HOMER Lie I 4359 Name: Cosmic Kitchen Type: R/E Place Owner: John Hogan & Michelle Wilson Locatin: 510 E pioneer Ave Lie I 3174 Name: El Pescador Grill Type: Bev Disp - Seasonal Owner: Don Jose's LLC Location: 4262 Spit Rd CITY OF KENAI Lie I 1774 Name: Little Ski-Mo Drive In Type: R/E Place Owner: L & M Ventures Inc. Location: Spur Hwy - Gusty Sbdv Lic # 1859 Name: Uptown Motel/Louie's Type: Bev Disp - Tourism Owner: Schilling Alaska Inc. Location: 47 Spur View Dr Lic # 2237 Name: Uptown Motel/Back Door Lounge Type: Bev Disp - Tourism Duplicate Owner: Schilling Alaska Inc. Location: 47 Spur View Dr OF SEWARD ~a Lic I 3021 Name: Marina Restaurant Type: R/E Place Owner: C Scott Bald & Carol Lallatin Location: 1321 4th Ave 12/22/2005 Page 2 of 3 KENAI PENINSULA BOROUGH. Lic It 3080 Name: American Legion Post #18 Type: Club Owner: American Legion Post #18 Location: Mile 137 Sterling Hwy Lic It 1096 Name: Sunrise Inn Type: Bev Disp - Tourism Owner: Quartz Creek Enterprises Inc. Location: Mile 45 Sterling Hwy Lie It 1097 Name: Sunrise Inn Type: Pkg Store Owner: Quartz Creek Enterprises Inc. Location: Mile 45 Sterling Hwy Lic It 3469 Name: BPO Elks Lodge #2706 Type: Club Owner: Soldotna Elks Lodge #2706 Location: 44640 Parkway Ave Lic It 3988 Name: Sterling Keg & Spirits Type: Pkg Store Owner: Milburn & June Soon Mertens Location: 32837 Sterling Hwy A local governing body as defined under AS 04.21.080(11) may protest the approval of an application (s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it fmds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.51O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. t3 12/22/2005 Page 3 of3 Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.01O(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. " , 1~ 1 '2J2'2J2005 City of Seward. Alaska November 28, 2005 City Council Minutes Volume 37, Page Call to Order The November 28, 2005, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. Opening Ceremony Police Chief Tom Clemons led the pledge of allegiance to the flag. Roll Call There were present: Vanta Shafer presiding and Steve Schafer Robert Thomas Dorene Lorenz Willard Dunham Bob Valdatta comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Johanna Dollerhide, Assistant City Clerk Absent - Margaret Branson Special Orders, Presentations and Reports Proclamations and Awards- None Borough Assembly Report. Borough Assembly Representative Ron Long was not present. Chamber of Commerce Report. Chamber Director Laura Cloward gave the council an end of season wrap up. The Chamber had a 26% increase in visitors for 2005. This was good news, considering many communities were down in numbers. There were over 18,000 destination guides mailed out to visitors. The new web site was launched on September 30, 2005 and was successful, with almost 9,000 hits and counting. Cloward attended the recent Pacific Marine Expo in Seattle to promote Seward and was joined by Harbormaster Scott Ransom and Jerry Waliezer. Cloward thought the trip would increase traffic to Seward. City Manager's Report. City Manager Clark Corbridge stated there was a power outage this morning, with some people without power for three hours. A phase wire had burned in an alley downtown. The problem was fixed now. Corbridge's report consisted of: *The Electric Department would be putting up and replacing Christmas lights tomorrow. ~s City of Seward. Alaska November 28. 2005 City Council Minutes Volume 37, PaRe *Mary Lowell Center - The November 14-17 meetings attended by Gilman in Washington, D.C. went well. A meeting in Seattle with Portico Co on November 21, 2005 regarding the design concept also went well. The Kenai Peninsula Borough Planning Commission was meeting tonight regarding the vacation of Washington Street. *Mariner's Landin\!- the lease was terminated and the transaction was a done deal. The next step was to meet with the railroad, which Corbridge hoped to do this week. *Kenai Peninsula Boroue:h Mavor John Williams - Corbridge and Vesel met with the Borough Mayor last week. Williams anticipated three or four years to get back in financial stability within the borough and was going to propose a half mil property tax increase in the next year. Williams would like more space in the KPB Seward satellite office. The Mayor's office would attend the KPB meeting tonight for the vacation of Washington Street. Williams said KPB Planning Commission should look to the city on how to proceed. Regarding animal control, the mayor would like to help fund eventually inside and outside city limits. Williams conveyed Seward was not the only city with heartburn about the ferry system. .Shooting Range - was becoming available for lease, as the Kenai Peninsula Borough was not renewing their lease. The range would be available for the city to lease, if the city wanted. The range would be useful for the Seward Police Department and would provide a safe place to shoot for the public. In response to questions, Corbridge said the city was waiting for the formal, legal name for the Seward Racing Lions, which was submitted. They had submitted a rough plan for their A TV Racetrack, but needed more detail required by the city. There was a meeting scheduled with the Corps of Engineers this week regarding the breakwater study. Chugach Electric had been helping with some of the trouble calls and had been billing on an agreed upon rate. He hoped to get the Electric Department up to full staff within the New Year. Staff was exploring alternatives to replace light bulbs other than lineman. Other Reports, Announcements and Presentations - None Citizens' comments on any subject except those items scheduled for public hearing. D.E. Wood, said he received a letter from a council member that was accusatory of a homosexual nature and was threatening. He wondered what the council was going to do about that. Nik Ranta, wanted the council to consider a resolution against the proposed fishing quotas. He opposed the halibut IFQ proposals. Charter owners would be forced to look elsewhere to do business if this proposal was carried out. Comments could be received by oral or written testimony. He asked the council to stand behind the commercial fishing fleet. John Cote, invited the city council to tour the new middle school on December 12, 2005 at 2:30 p.m. They were very excited and proud of the work that had been done for the new school. Cote handed out a map of the school layout and described the building. t~ City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Page Brad Snowden, apologized for declaring war twice last fall. He publicly apologized to Police Chief Tom Clemons for the words Snowden used towards him. He would exercise better judgment in the future. Rhonda Hubbard, went to the Pacific Marine Expo last week in Seattle. She was pleased to see Seward represented so well. She quoted rates from NOAA, Seward was ranked 7m in the highest commercial fishing value in the United States. The commercial fishing fleet was not as visual as other businesses, but still a strong presence. She would be more than happy to share her ideas with the city and the chamber. Hubbard recommended the city take a neutral position on the halibut IFQ issue. Approval of Agenda and Consent Agenda Motion (Dunham/Thomas) Approval of Agenda and Consent Agenda Motion (SchaferNaldatta) Delete item 13a from the agenda, "Executive Session on a subject that prejudices the reputation and character of a person." Schafer wanted to know the justification of this item, was this a city matter, and what was the legal basis for this executive session. Mayor Shafer said this was a city matter; this was something the council needed to discuss in an executive session of the misuse of office. City Clerk Jean Lewis said it would be more appropriate to vote on whether or not to go into this executive session when it comes to on the agenda. Thomas said they needed to go into the executive session to find out what the executive session was about. Council recessed for ten minutes to determine if this was an appropriate motion. City Clerk Lewis determined the motion to delete item 13a from the agenda was out of order, and the appropriate time to delete this item wonld be when the item was addressed on the agenda. A member of council should make a motion to enter into executive session, and the council could vote accordingly at that time. Motion to Delete Item 13a Withdrawn Motion Passed Unanimous The clerk read the following approved consent agenda items: The November 14, 2005 regular city council meeting minutes were approved. "','7 City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Page The December 27, 2005 regular city council meeting was cancelled. Resolution 2005-129. accepting a U.S. Department of Justice, Office of Justice Programs, Bulletproof Vest Program grant in the amount of $2,882.50 to fund ten new replacement bulletproof vests for police and correctional officers and authorize the city manager to execute the grant agreement and appropriate funds. Resolution 2005-130. authorizing the city manager to accept a grant in the amount of $10,725.00 from the Alaska Highway safety office for 2005/2006 holiday impaired driving enforcement and blitz campaign and appropriating funds. Public Hearings Resolutions Requiring a Public Hearing Resolution 2005-127. authorizing the transfer of ownership of a portion of Port A venue from the state of Alaska to the City of Seward. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Corbridge stated council had seen a similar resolution previously before. This resolution was important in order to have the state move forward with funding and planning to the mile 0-8 project. Administration recommended approval. Bruce Sieminski, said there was nothing in the agreement that Seward would take over Port Avenue. This section of road was not anything but the city to take over more property without funding to do so. This was just another bill for the city. Mile 3 - 8 was state owned anyway. The city should not be held hostage for three miles of road. Motion (Dunham/Schafer) Approve Resolution 2005-127 Schafer asked what about switching miles for miles with Nash Road. He wanted to know why they were shutting down Nash Road. Mayor Shafer said the city and the state entered into an agreement to help one another with road maintenance. If the city did not take ownership of this road, the state would not do the mile 0-8 project. She understood the council was feeling like they were being held hostage, but the city would not be putting up their end of the deal if they did not pass this resolution. This was more of a legislative issue than a city council issue. Dunham said the city did agree to take over Port Avenue. Since that period of time and under current administration, the state had tried to divest itself of roads. Seward had slid back four years on the mile 0-8 project. Dunham thought the state was playing hardball. The area by the port was being serviced by the city, not the state. The city needed to get their water lines done, and every second they waited, the prices would go up. He was irritated, but the city should take over this responsibility to maintain Port Avenue. "~'$ City of Seward. Alaska November 28, 2005 City Council Minutes Volume 37, Page Valdatta had heartburn over this. He was going to vote no on this resolution. Thomas did not like the state bullying the city, but this needed to be done. Getting the new water main installed was the best benefit for the city. He didn't like being forced to take Port A venue, but this was best for the city overall. Motion Passed Yes: Lorenz, Thomas, Schafer, Dunham, Mayor Shafer No: Valdatta Resolution 2005-128. authorizing the purchase of SwOOOOOO1 TOts ROsw S10 Original Town site of Seward lots 2, 3, 4, 5, and 6 of block 8 and SwOOOOOO1 Tots R01 w S10 Original Town site of Seward lot 1 block 8, as the future location of the Seward Community Library Museum, for the purchase price $290,000.00 an appropriating funds. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Corbridge called the council's attention to the lay-down resolution that noted the change in the legal description. He was not sure if the legal description was correct, even, and amendments could still be needed. It was vital that the resolution pass tonight so the funds would be appropriated. Corbridge recommended approval tonight. Keith Campbell, of the Resurrection Bay Historical Society, supported this project. He strongly urged council to pass this resolution. This would be a viable project for the City of Seward. Dorothy Locke, also supported this resolution and represented the Seward Community Library Association. This could only help the quality of life in Seward. Locke asked for council's support for this project. Motion (DunhamILorenz) Approve Resolution 2005-128 Lorenz was in support of this resolution and said it was timely in nature. Her only concern was that the museum needed more space for storage. Schafer asked how many acres this purchase entailed. Corbridge estimated over a tenth in acreage. Dunham said this was an excellent opportunity and the city was fortunate that the Salvation Army was willing to turn over the land to the City of Seward. In the layout of the town, Dunham could not think of a better location for the library/museum than the proposed land for purchase tonight. Valdatta clarified there would be more costs associated with this. Motion Passed Unanimous 1;'~ City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Page Unfinished Business - None New Business Resolutions Resolution 2005-111. adopting the city general fund operating budget for calendar year 2006 and setting the mill rate. Corbridge said the budget resolutions were public hearing items that occurred two weeks ago. The budget was exactly the same and recommended approval. Motion (Lorenz/Dunham) Approve Resolution 2005-111 In response to questions, Corbridge affirmed the mill rate had not changed. Erchinger stated there was a matter of time on collecting the liquor tax. 2004's revenues were not collected until 2005. Erchinger guessed dog licenses had decreased because the enforcement had decreased. Motion Passed Unanimous Resolution 2005-112. adopting the water enterprise fund budget for calendar year 2006. Corbridge stated this resolution was the same as what was seen at the last meeting and recommended council approval. Motion (Lorenzlfhomas) Approve Resolution 2005-112 Motion Passed Unanimons Resolution 2005-113. adopting the wastewater enterprise fund bndget for calendar year 2006. Corbridge said no changes were made to date for the wastewater enterprise fund since the council had originally seen it and recommended approval. Motion (SchaferlDunham) Approve Resolution 2005-113 Motion Passed Unanimous Resolution 2005-114. adopting the parking enterprise fund budget for calendar year 2006. Corbridge recommended council approve the parking enterprise fund budget. Motion (DunhamlLorenz) Approve Resolution 2005-114 ~ City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Page Motion Passed Unanimons Resolntion 2005-115. adopting the small boat harbor enterprise fund budget for calendar year 2006. Corbridge said the city was making a lot of progress improving the small boat harbor. He looked forward to talking with the Railroad for future expansion, and approving this budget would help further expansion. Motion (Lorenz/Dunham) Approve Resolution 2005-115 Motion Passed Unanimous Resolution 2005-116. adopting the Seward Marine Industrial Center enterprise fund budget for calendar year 2006. Corbridge said passing this resolution allowed planning in the SMIC area and allowed the city to pursue grants. Administration recommended approval. Motion (Loren:1lThomas) Approve Resolution 2005-116 Valdatta asked why the city was not working outside the fence at SMIC. Corbridge said there were plans to market and develop the entire area of SMIC. While the largest economic drive was at Seward Ship's Drydock, Corbridge said expansion and other entities were being looked at. It would take time, Corbridge said. Motion Passed Unanimous Resolution 2005.117 adopting the electric enterprise fund budget for calendar year 2006. Corbridge stated the electric enterprise fund was one the council was becoming better informed on. They were making terrific strides getting up to speed. Approving this resolution would help the city to continue to do so. . Motion (DunhamILorenz) Approve Resolution 2005-117 Motion Passed Unanimous Resolution 2005-118. adopting the hospital debt service fund budget for calendar year 2006. Corbridge said the hospital debt service fund budget was the same as council had seen in the past. This would allow the city to operate successfully with as little funding as possible. Motion (DunhamILorenz) Approve Resolution 2005-118 ta. City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Page Motion Passed Unanimous Resolution 2005-119. adopting the motor pool internal service fund budget for calendar year 2006. Corbridge said this allowed the city to set up and maintain the city's fleet. Motion (DunbamJLorenz) Approve Resolution 2005-119 Schafer was for passing the budget as it was. He had been talking to many staff in Public Works and there was room for changes and improvements in this fund. Motion Passed Unanimous Resolution 2005-120. adopting the capital improvement plan budget for calendar year 2006 and two subsequent calendar years. Corbridge stated the capital improvement plan was one of the more important plans, especially because it was a three year budget. This allowed the city to continue the many improvements scheduled. Motion (LorenzlDunbam) Approve Resolution 2005-120 Valdatta had heartburn over the $235,000 cost for the replacement of Boulder Field's turf, fence, grade and drains. The cost could be dramatically reduced if the city used a piece of the fill from the Harbor Dredging Project. He didn't understand the restroom for Williams Park or the sweet smelling toilet at the culvert, either. Dunham said this should be a document in progress, as Schafer mentioned with the motor pool fund. He had heartburn with several things as well, but Dunham thought the council should pass this and move on. Lorenz said she would like to see the entire budget go through two calendar year budgets like this resolution. Corbridge stated that was his intention, and if council did not object, he would like to bring a two year budget to the table next year. Motion Passed Unanimous Resolution 2005-131. authorizing the city manager to enter into a contract with Architects Alaska, Inc. to provide professional design services and to appropriate funding not to exceed $1,210,000.00 for the Seward Long Term Care Facility Design. 12 City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Paf:e Corbridge said the city staff involved in this process had done a miraculous job. The proposal before council was not only the lowest bid, but was also the most quality proposal. Architects Alaska had an impressive timeline that impressed Corbridge. He noted this contract included a penalty clause which would force Architects Alaska to stay on track with their timeline. ~otion(Lorenznounham) Approve Resolution 2005-131 Lorenz asked if the Seward Middle School was pleased with their new building and its construction schedule, as it was done by the same company. Corbridge believed they were delighted with the results. Valdatta asked about a blue print reader, to oversee and prevent additional costs. Corbridge said the city was not hiring a blue print reader. Instead, they were hiring an oversight engineering fIrm that would read the blue prints. In response to Schafer, Corbridge saidjoint and severable liabilities insurance were included in this contract, therefore both the prime contractor and sub-contractor would be held liable. Each contractor individually would be responsible for any applicable damages. ~otion Passed Unanimous Council recessed at 9:30 p.m. Council resumed at 9:37 p.m. Other New Business Items A work session to meet with ISER was scheduled for Wednesday, January 11, 2005 at 7:00 p.m. A proposal by council member Dunham to support a resolution moving mile 0 to LoweD Point to ultimately get road improvement and maintenance to Lowell Point Road was discussed. Dunham said this was an issue that was being kicked around for quite some time. He saw this as a request to be added to the STIP list. Lowell Point Road was an economic engine of the city, Dunham thought. He wanted to extend the road to the Caine's HeadlPark Trail Head. Schafer said mile zero could possibly start at the tidewater, also. This idea was thinking outside the box. Maybe this was a way to get the state off dead center. Mayor Shafer asked who exactly owned the road, was it the borough or the city or the state? Dunham said it was ajaundice view of who owned it, which was his point exactly. He thought the city could get the borough's support on this. Valdatta said a boat harbor on the end of this road would be a good opportunity, too. Lorenz said the road was a safety hazard and anything the city could do to improve it would '3 City of Seward, Alaska November 28, 2005 City Council Minutes Volume 37, Page be helpful. Council directed administration to investigate moving mile 0 to Lowell Point Road, to write the Kenai Peninsula Borough for support of Lowell Point Road, and add Lowell Point Road to the State's STIP list. Discussion ensued on whether to support a resolution in opposition to the halibut IFQ's. Council directed administration to write a letter to North Pacific Management Council indicating concerns of the current allocations of resources and reconsider moving cut-off dates for entry into the industry. Informational Items and Reports Hospital Monthly Report. Council Conunents Schafer thought the attorney confidential letter was too generic. He would like to see the hours spent on the work done and the dollar amount for each item. Schafer wanted to see a more definitive number of items worked on. Thomas said the attorney letters were amusing because they were confidential, but had no subject matter in them. Lorenz apologized publicly to the Chief of Police and Officer Roberts for blasting him in the back of the head with hairspray at the Halloween Carnival. She had apologized to Roberts at the time, but felt the need to publicly apologize to him as well as the Seward Police Department. She did not intend to show anyone any disrespect. Dunham supported having ajoint action agency. He said he bit his tongue voting for the SMIC budget and asked council and administration to get serious about paying the bond payment over at SMlC without taking the money from the Electrical Fund. Dunham stated anything the city could do to get the old middle school turned over to Marvin Tapsfield should be done. Corbridge said he felt there would be a recommendation coming from city administration soon to the borough. Dunham said Seward had utilized every old school to its advantage and wanted to make sure we did so this time as well. Dunham asked for a blue print or some kind of visual as to what was happening with the A VTEC fire training center. Corbridge hoped to have the information ready for the January meeting. Valdatta asked about the classified rock at the quarry. He said if the city wanted to take pressure off the SMlC bond payments, they should look into classified rock. Shafer said Lorenz stating she was a council member to get out of spraying Officer Roberts was unbecoming of a council member and asked the Police Chief to address this issue. ,4 City of Seward, Alaska November 28. 2005 City Council Minutes Volume 37, Page Police Chief Tom Clemons wanted the council to know how serious of an issue this was but also appreciated Lorenz's apology. Officers were trained to react to offenses like this, and Lorenz was lucky that Roberts responded the way he did. Clemons was trying to build a department that was highly respected and commendable. He said the Seward Police Department gave mutual respect to the community and the council and they also needed to receive it back. They took things like this very seriously. Big things happen in little towns also, so nothing should be taken lightly. Citizens' Comments Bruce Sieminski, said since the state pulled the ferry out of Seward, it had cost the Seward community several million dollars. Council and administration response to citizens' comments Lorenz said she did not intend to suggest that she was getting out of her situation because she was a council member, but to solely identify herself. Executive Sessions Go into executive session to discuss a subject that prejudices the reputation and character of a person. Motion (Thomas/Dunham) Go into executive session to discuss a subject that prejudices the reputation and character of a person. Schafer objected to the motion. He said it was out of order and the subject matter was not clearly identified. Motion Failed Yes: No: Thomas Schafer, Dunham, Lorenz, VaIdatta, Mayor Shafer Adjourmnent The meeting was adjourned at 10:32 p.m. Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) ~5; City of Seward, Alaska December 12, 2005 City Council Minutes Volume 37, Page Call to order The December 12, 2005, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. Opening ceremony Police Chief Tom Clemons led the pledge of allegiance to the flag. Roll call There were present: Vanta Shafer presiding and Steve Schafer Bob Valdatta Robert Thomas comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Brad Meyen, City Attorney Absent - Willard Dunham, Dorene Lorenz Special orders, presentations and reports Proclamations and Awards In memoriam proclamation read for stateswoman, Margaret Branson. Jon Faulkner, owner of the Van Gilder Hotel received the 200S Historic Preservation Award. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly met December 6, and like many others around the state, had a resolution in memoriam for Margaret Branson. The roles and responsibilities of board members was again postponed one more time. An ordinance on how to compute tax for vessels over 100 feet was defeated. A regulation opposing mixing zone regulations for anadromous streams was passed. Long noted on the Jan 3rd Assembly meeting, there was a resolution accepting money for training and equipment for the Lowell Point Service Board and an ordinance to adopt the Seward Comprehensive Plan. City Manager's Report. City Manager Clark Corbridge stated there were a lot of year end issues being addressed. A new lineman was scheduled to appear for work a week from today. He thanked Telalaska, GCI and the harbor crew for putting up the Christmas tree and lights. He also informed that two lineman had filed a grievance for letting those employees string the lights. Other highlights of his report were: ,~ City of Seward, Alaska December 12, 2005 City Council Minutes Volume 37, Page ~ The city needed to find another U.S. based company to order generator parts from. The only one they knew of was damaged in Hurricane Katrina and would not be going back into service. ~ DOT had signed various utility agreements, bringing the Mile 0-8 project closer to construction next year. A certificate of resolution from the council was needed next, and may require the calling of a special council meeting later this week. ~ Laserfiche document imaging software was installed on December 5, and all appeared to be running fine. Legislative history should be available for search within two months. ~ F ederallobbyist Brad Gilman stated the timeline to replace the MN Alpha Helix had. been accelerated. He was researching that. ~ $3 million earmark for Seward had went to DOT, and conference calls would be held to determine the specific rules for that. ~ He had been speaking with State lobbyist Kent Dawson to secure the remainder of the funds to complete the T-dock and get the project to appear in the Governor's budget. Costs had increased for the second part of the project by 10% recently. ~ A draft resolution on the shooting range would be forthcoming within one month. ~ The 35% design phase of the Mary Lowell Center would close on January 6, 2006. ~ A FEMA representative would attend the January 9 meeting to present the city with the new classification for the National Community rating system which would have a favorable rate for property insurance rates. ~ A non-binding use agreement was signed for up to 16,000 square feet of space in the middle school for city programs through Marvin Tapsfield. ~ An Ad-Hoc committee was working on expanding Lowell Point Road. ~ Mariner's Landing lease was terminated, the lawsuit filed with Superior Court being dismissed, and a possible lease swap with the railroad was slated for spring. ~ Harbor floats were being installed, the fuel float relocated, fire lines installed, some hydrants installed on X float, and fuel lines reconnected within a week or so. City Attorney's Report. Brad Meyen stated their office continued to work on contracts, leases, and ordinance amendments. He reiterated the Superior Court action filed by Tanya Sandefur would be dismissed. Other Reports, Announcements and Presentations. Presentation by the Alaska Power Association. Citizens' comments on any subject except those items scheduled for public hearing. Joanne Hoogland spoke in favor of vetoing the vacation of Washington Street. She had lived here 76 years and thought it would impede traffic flows and the view would be destroyed. There were other locations for the Mary Lowell Center. Laura Cloward, was behind the multi-agency center project to bring visitors to Seward during the off season. She stated critical things needed to make that successful. One was having this ~~ City of Seward, Alaska December 12, 2005 City Council Minutes Volume 37, Page facility in the key hub of downtown. She recognized that the forefather's town grid was visionary for their time, but supported this street vacation. Carol Griswold, spoke in favor of vetoing the vacation of Washington Street. She mentioned this would make one less tsunami zone getaway and would profoundly affect Seward for the future. She stated this right of way was used and needed. Kerry Martin, thanked the council for listening to everyone's concerns. He supported the Park Service and would support all plans but vacation of the right-of-way. He wished he had been involved with this decision earlier, and mentioned that once a right-of-way was gone, it was gone. Paul Carter, spoke in favor of the vacation of Washington Street. Overall emphasis was to make it more accessible. There were unique design capabilities with this site. Carter noted the ocean view was Seward's best asset, and this location would showcase that asset and not hide it away. John Eavis, stated this would co-locate these agencies all in a single facility. Public loss vs public gain was a concern with a lot of people. He thought this just converted from one public use to another. The area would go from use as an access to a public center. Eavis reminded this had been a long public involvement process, and all concerns were incorporated into the design of the facility. He supported the vacation of Washington Street. Stu Clark, stated it was no secret he was a long time supporter of the Mary Lowell Center. The pros and cons had been discussed at length. He reported all of Washington Street was to be vacated and it was compromised to vacate a portion. He stated all concerns were weighed and every aspect of configuration evaluated before choosing. He supported the street vacation. Debra Hafemeister, wanted to know ifthe people of Seward would lose or gain by vacating this street. She thought viable streets should not be vacated. The Park Service had options on where to build. Hafemeister stated the people come to see Seward's view, not Mary Lowell's view. Most people she spoke with did not want the street vacated. Sharyl Seese, spoke in support of vetoing the Washington Street. Iris Darling, thought the council should support the voters that cared, and veto the vacation of Washington Street. Once destroyed, this right-of-way could never be recovered. She also stated this was not the only alternative the Park Service had. Marilee Koszewski, read a letter by Lynn Hohl onto the record, and spoke in support of vetoing Washington Street. Shannon Kovac, was in favor of the Mary Lowell Center but not the vacation of Washington Street. She wanted to draw attention to the Seward Comprehensive Plan, where it stated to keep the historic district. The Strategic Plan also encouraged a strong sense of saving the historic district. She stated the Historic Preservation Plan maintained the character of Seward while encouraging cultural centers. She felt it did not go with these plans to vacate this street. ~ City of Seward, Alaska December 12, 2005 City Council Minutes Volume 37, Page Rick Blythe, did state this was not the only area, but this location met all the requirements and was the highest scoring. He stated three days of public testimony were held, and the P&Z Commissioners had not sat in on those ratings. . Dianne Dubuc, found it ironic to applaud historic preservation for the Van Gilder Hotel and then vacate Washington St. There were triangle separation schemes in many cities. She appreciated the view. She was also irritated that the fire boat was in the city shop and not ready for what it was suppose to do. Bob Linville, was always against the Mary Lowell Center vacating Washington Street. He stated if they built up one more story they would have a view at the other location. Jeff Mow, wanted to move forward with schematic design which paralleled the vacation process. He realized the vacation process was hard to do without a visual. He provided a design that was not a final design, but provided a visual to show the thinking ofthe Portico Group. He noted the Park Service had worked real hard to address concerns and was pleased to see the public present. Susan Swiderski, was not an owner but managed a business downtown. She supported the vacation of Washington Street and reminded that a great committee had been working on this project for years. She said Seward was not getting people to drive down in the winter and the economy needed the boost. Amy Ireland, had been involved in this project for eight years, and thought it a testament to Seward to see everyone involved. She hoped all would stay involved no matter what the vote. With community revitalization this identified a town center. They had conducted a lot of research and weighed carefully to come up with this preferred alternative. This decision had been a community effort to locate the conference center in the best spot. Mike O'Connor, urged the council to vote to preserve Washington St and the historic character of Seward. Approval of agenda and consent agenda Motion (ThomasNaldatta) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2005-134. urging the legislative to provide maintenance and repair funds to local government owned harbors. Public hearings - None 19 City of Seward, Alaska December 12, 2005 City Council Minutes Volume 37, Page Unfinished business - None New business Ordinances for Introduction . Ordinance 2005-06. amending Seward City Code Section 2.05.030 maintaining confidentiality of information related to competitive bidders and proposers. Motion (Schaferffhomas) Introduce Ordinance 2005-06 and set for public hearing on January 9, 2006. Amendment (Schaferffhomas) to strike the words in B6, "request information from, or" Amendment Passed Unanimous Main Motion Passed Unanimous Resolutions Resolution 2005-132. to veto the Kenai Peninsula Borough Planning Commission vacation of Washington Street. (Schafer) Motion (Valdatta/Schafer) Approve Resolution 2005-132 Schafer wanted council to read the "Whereas" clauses and vote. He felt this was never voted on. Mayor Shafer stated this was a touchy issue, but supported in the past. She had more phone calls of people in favor of the vacation of Washington Street. Motion Failed Yes: Schafer No: Valdatta, Thomas, Shafer (A verbal motion to reconsider Resolution 2005-132 was given by Robert Valdatta with written notification due by 5:00 p.m. the next day.) Other New Business Items The council seat of Margaret Branson was declared vacant, and the clerk instructed to advertise the council seat until December 27, with the term to expire October 2006. Informational items and reports State of Alaska recommendations on the halibut charter GHUlFQ. ~Q City of Seward, Alaska December 12, 2005 City Council Minutes Volume 37, Page Council comments . Thomas was devastated by the loss of Margaret Branson. He too had called a lot of people and found the vacation of Washington Street to be around 50/50. He voted to not overturn the P&Z Commission and their decision. Mayor Shafer toured the new middle school and let everyone know that Branson's family had set up an account at First National Bank to have a pavilion built in Margaret's honor. Citizens' comments Jeff Mow brought a schematic design and wanted feedback on it. He flip charted the design and expressed there were 17 different meetings held on this project and stated he was committed to the public process. Carol Griswold, was afraid there would be a huge traffic problem and the building would go up three stories. She urged a motion for reconsideration when more members could be present. Council and administration response to citizens' comments - None Adjournment The meeting was adjourned at 9:05 p.m. Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) . 51 City of Seward, Alaska December 20. 2005 Call to order City Council Minutes Volume 36, Page The,December 20, 200S, special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor Vanta Shafer. Opening ceremony . Council Member Schafer led the pledge of allegiance to the flag. Roll call There were present: Vanta Shafer presiding, and Willard Dunham Robert Thomas Steven Schafer Dorene Lorenz Bob Valdatta comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Absent - None Citizens' comments on any subject except those items scheduled for public hearing. Iris Darling, was against the vacation of Washington Street and thought it would impede traffic. Since the last meeting she had collected over 2S0 signatures of people who were against vacating that street, which she gave to the council. Dianne Dubuc, thought her comments always fell on deaf ears, but since she last spoke, she noticed the fIre boat was no longer sitting outside. She suggested a sky bridge over Washington Street as an alternative. Carol Griswold, had walked the properties and thought there was more room for expansion, just as great ofa view, and possibly less utilities that needed to be re-directed, at the Sth Avenue site. She stated this was a very controversial topic that had divided the community. She failed to see the reasoning or logic to vacate the street and the tsunami zone, and urged the council to veto this vacation. , Dale Lindsey was in favor of vacating Washington Street. He thought the economic benefIts for downtown revitalization would be huge. This building should generate 80 jobs and eliminate a quirky intersection. Lindsey pointed out this had been studied, evaluated and it was time for action and a decision to move the project forward. ~,2 . City of Seward, Alaska City Council Minutes December 20, 2005 Volume 36, Page Paul Carter, noted after marketing studies, it became clear the Mary Lowell Center needed to go on the waterfront view and open to 4th Avenue. This would bring the focus from downtown through the boat harbor. This plan accomplished that goal. Carter stated years of community planning and work sessions had taken place. He felt the Washington D.C. delegation was ready for this decision, and if the process went back to the environmental assessment process, the city would miss the 2007 funding cycle. He wanted to start the downtown revitalization ::J.ow. Kerry Martin, appreciated the time council took on these controversial topics. He had taken the time and read the waterfront project plan and found all mentioned the vacation of Washington Street. He still felt there were superior views, it was higher on the hill, and it would revitalize 5th Avenue to have the facility located there instead. He emphasized it would only be a short distance from 4th Avenue, and once vacated, the city would no longer own it. He asked if any provisions could be made reverting it back to the city if for some unforeseen reason the Park Service did not ultimately build on it. Stu Clark~ supported vacating the street. He pointed out there were frequent street vacations around the world to accommodate the times, so this was nothing new. Dale Hoogland had concern over the cost this project would have on the city and was not in support of vacating Washington Street. Bob Linville~ was hurt to see Washington Street taken away. Most people appreciated the uniqueness ofthat block. He liked the grid the way it was and thought the building would fit fine on the other side of 5th Avenue. Jeff Mow~ Park Service Superintendent, commented that Alternatiw #1 was given full consideration of the information they had at hand. To change their mind at this stage and move to the 5th Avenue site was not as simple at this time. He noted there were issues with utilities, alleys, trees, etc. on both sites, and neither site was out of the tsunami zone. He reminded that this project was funded entirely by federal appropriation and it had never been the intent that the city would have to come up with any construction funds. Scott Bald~ stated since there was an alternate site, Washington Street should not be vacated. There was not enough parking in the area, and mentioned he still wanted to buy the land in the harbor his business sat on, but was not allowed to; therefore, why was the city giving land away to the federal government? Rick Blythe~ President of the Chamber Board, urged the council to continue the process started and supported the vacation of Washington Street. He reiterated the public process had extensive interaction and open review of analysis and alternatives, with Alternative #2 being selected. He knew it was a hard decision for community leaders, but there was Ii time for vision and a time to create and that was now. He thought this vision was healthy and an important step to create a future for the town. He hoped it would change the atmosphere in a positivi: way, noting all the years of vacant buildings in the downtown area ~3 City of Seward, Alaska City Council Minutes December 20, 2005 Volume 36, Page Deb Cooper, District Ranger for the U.S. Forest Service thought the city had been given a gift by the federal government, and would take advantage by receiving a city conference center. If Washington Street was not vacated, there was a possibility to lose construction funding. She revealed there were 30 permanent employees at the work center out the road that needed to be kept in Seward. . Approval of agenda. Motion (Loren7JValdatta) Approve the agenda. Motion Passed Unanimous Unfinished Business Item for Reconsideration Motion (ValdattaILorenz) To Reconsider Resolution 2005-132 Motion Failed Yes: Lorenz, Schafer, Valdatta No: Thomas, Dunham, Shafer New Business Resolution 2005-135. authorizing the City Manager to execute a reimbursable services agreement (RSA 58319) with the State of Alaska Department of Transportation, to relocate, reconstruct, and improve a portion of the electric transmission and distribution facilities located from South of the three bridges, to Exit Glacier Road, and appropriating funds in an amount not to exceed $700,000. Corbridge stated this was the last thing that needed to be taken care of before DOT put the project out to bid. Reconstruction of these facilities would be less susceptible to problems and newer switches would be installed for quicker restoration of power during failures. He asked for support of this resolution. Motion (Lorenz/Dunham) Approve Resolution 2005-135 Dunham thought the city had suffered as the road project had been moved back, and DOT had an obligation to improve this. ~ Motion Passed Unanimous Council comments Thomas wanted to see the billable hours from the lawyers submitted, and wanted to see their work quantified. 94 City of Seward, Alaska December 20, 2005 Schafer also wanted to see the attorney's billable hours. invoice that showed where the people's money was being spent. City Council Minutes Volume 36, Page He thought there should be an .. Dunham thought a few comments heard today were worth noting. He urged the Administration to review the vacation reversal issue if the multi-agency facility was not built. With so many things out of the ordinary like Hurricane Katrina and the Iraq war, h~ thought this was a valid discussion. He wanted all access issues addressed also. He did not vote to reconsider the street vacation because he was a bit jaundiced over last minute movements to stall proJects. He remembers efforts to kill major projects like AVTEC, the coal terminal, the University, the prison and the Sealife Center. Dunham stressed it cost the citizens $2 million dollars extra fighting last minute Sealife Center issues which almost killed the project. He did not want to see that happen again. He admitted there would still be problems with this project that needed to be worked out, but was frustrated that after three years of working on this project, at the last minute again, there was a major movement to stop the project. Lorenz was saddened by seeing mean spirited personal attacks coming from both sides of this issue, and she did not think there was any place for that in this public process. She thought everyone should look at how to build their community in a positive way, arLd work together for what's best for the community. Lorenz thought all voices deserved to be heard, but personal attacks were uncalled for. She hoped the community could put on a better attitude fC>r the upcoming year and work together to make the city better. She wished everyone a Merry Christmas. Valdatta, still felt like a guest in Seward, even after 30 years, and some older residents had seen a lot of changes. Some of those changes were not always good ones. He was skeptical of this change and thought this building would be perfect by the University. He wanted to keep Washington Street as is. He too wished happy holidays to all. Mayor Shafer, had seen the city upset over many issues before, but she admitted this one was one of the most controversial. She noted this was Christmas, and although not everyone agreed, there needed to be a resolution at the end. Shafer truly believed everyone would be tickled with this project once it was built. She was looking forward to 2006 and hoped to see the community at the Phoenix Ball on New Years Eve. Schafer also informed that section 2 ofP&Z's resolution did mentior that the vacation be rescinded if other than alternative 2A was constructed. It may be hollow, but it was there. Citizens' comments - None Council response to citizens' comments - None Adjournment The meeting was adjourned at 12:40 p.m. ~5 City of Seward. Alaska December 20. 2005 Jean Lewis City Clerk (City Seal) City Council Minutes Volume 36. Page Vanta Shafer Mayor " , .,. t1~ ",U Agenda Statement Meeting Date: January 9, 2005 Jean Lewis, CityCle@; Continuation of the Port and Commerce Advisory Board r From: Agenda Item: BACKGROUND & JUSTIFICATION: Seward City Code 2.30.330 states that at the first meeting of each fiscal year, the City Council may continue by affirmative vote the existence of the Port and Commerce Advisory Board. Ifit fails to do this, the Board will cease to exist within 30 days. Yes No CONSISTENCY CHECKLIST: I. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable _xx_ FISCAL NOTE: None RECOMMENDATION: Council approve this continuation and renew the Port and Commerce Advisory Board for another year through January 2007. . 97 IN WITNESS WHEREOF, Lne pfu"1:ies hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU, INCORPORATED By: Its: Date: (jJ Mi Clark Corbridge City Manager f l-c,-()\,- ~4/~ ttw-d By: Laura Cloward;/ Its: Executive Director Date: 1.;2 ~7 -0 ~ STATE OF ALASKA ~~\;% i iHk el;,. ~_'\t. _~C' ~~f.J:. "....:;1> ~~.,. t vi"" Vr.,.. ii};q ~.,~~... ~~ ~, o...c."004:~e~~," f,:i'YA <:(?-"~ Co: {'~ ".oo'R....? r~F-.vt V ~t:"> _ ~$r . r~Q ~~ :: ~:~u <':ae.,o ~~ f::; :~ ~ ... i:.:: ~ {< { SF;I~,.L 1 ~ ~ ~ 9& -:,_ l:i ~ ~es (t.-~t ~ :;; ~ ti "v"&~ ~~ '" -" "'.lit ~ f.J>;,.,....,,/IE 1. ~:oIlQ i':.":~ ~, <#'~ "~r O"<=uo<>" ?:::..~~."'1- it'~~.~ J:: (""!,.~ ~\..i -,.,~.~ t;;~~ -.. U~ ~.., _\~<b' Ji1UBH'f,.> ) ss. ) ATTEST: THIRD JUDICLAL DISTRICT , ..,.-t.... THIS IS TO CERTIFY that on this V day of ~tem\uY, 2005, before me, the ulldersigned, a Notfu)' Public in a..T1d for the State of Alast-..a, personally appeared Clark Corbridge, known to me and to me k.ll0wn to be t..he City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual na..med in and who executed the foregoing doclLment on behalf of the City of Seward for the uses and purposes therein set forth. \V1Th"'ESS my hand and notarial seal the day and year first hereinabove written. ~ I A / /" . (,1 crv"C /{. AI "7 (v..] Notary Public in and for AJ6Lska My Commission Expires: T . Z'3 - D--::;- Lease Agreement benveen City of Seward and Seward Chamber of Commerce "" "",. ~ ! December 2005 v , Page 27 of28 n'"' Xh. ..".p.'..,.P 8ZjO 8Z ~BRd 5;OOZ; 1~qUJ:108G ":)~"UlmO;)JO l:;,qurel{;) p.mA\;;JS pU1l plBA\;;JS}O '\:1.!:J U;;J;;JA\l;;Jq ~U;;JUI;;J;;J1BV ;;JSBg'1 -'. r -t. 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SI SITU .W/- ( l.:JllilSICI '1\il;)IQClf ffii-lfU 'S5 ( ( 'v)lSV'1V dO 31'if 1.S Council Agenda Statement From: Kirsten Vesel, Assistant City Manager K~ Through: September 26, 2005 Clark Corbridge, Cit'j Manager cPJ- q -l( - Or; Meeting Date: Granting a new Lease to the Seward Chamber of Commerce, Lot 4 ForI; Raymond Subdivision, Plat No. 86-10. Agenda Item: BACKGROUND & JUSTIFICA nON: The Seward ChaHlber ofCoII1...l'Ilerce entered into a lease with the City of Seward on August 28, 1989. This Lease encompasses Lot 4 , Fort Raymond subdivision, Plat No. 86-10 . The Seward Chamber of Commerce requests the City Council's grant of a new lease of Lhe S8....TJle piece of property. The resolution and form presented at this meeting provides the requested new lease, subject to consent by the City. If approved by City Council, the lease will be effective in 30 days. CONSISTENCY CHECKLIST: Where applicable, this agenda statement IS consistent wifl1 the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan ai1.a City Council Rules of Procedures. FISCAL NOTE: The rent is Four Thousand Dollars ($4,000.00) fuli-mally, subject to fair market value increases every five years. However, Lhis lease provides a waiver for no rent due as long as the site is used by Lhe Lessee for the operations of a Chamber of Cornmerce office/ visitor information center. Approved by Finance Department J!/;;;1;;;;y.j h9 RECOMMENDA nON: C01Lncil approve Resolution 2005- S'5 authorizing the City Manager to enter into a Lease to the Seward Chamber of Commerce for Lot 4 Fort Raymond Subdisivion, Piat No. 86-10. GO '1...1 -.....,: niJ'! 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(..a:JJ8UIluO:J JO J8QWBl{:J..) p8+1!10dJO::lU} 'n1381TIS: SlOl!S!A pUB :d::lli81:dJUOJ '8:JlaUITUo:J JO l:dqWBl.[:J pm_^A:dS :dq+ 'SV31I'3:H..N\.. 01-98 'ON .1V1([ 'NOISL\.IUOOS UNm'\L\VHDIO.f 17.101: DNIffif'ifD:nI' a'3:L~O.rnO:JNI 'flVIDIflH SHOLISIA (IN'\;i lI::)N'3:Ha!INO:J ''3::JH'3:WWO:J dO H'3:HWVH:J mrv M'3:S IDU HLt-\.\ '3:SY'3:'I V O.1NI DNlli3:LN'3: 'V)lSVTV 'mrvM.:'i!:8 dO )l1I:J '3:H.1.!10 'lDNIlO:J _i\LD '3:HL dO NOUfl10S'3:l[ V :;g-SOOZ: NOUfl1:0S:.!nI V-XSV'IV 'mIV M3:S .!IO A.1I:) I a~ppqJ:o:J :Aq p;}.wSiIodS CITY OF SEW AM, ALASKA RESOLUTION 2005-85 I finalize the lease transaction without changing the essential terms and conditions and is aut..horized to execute the lease and fulY related docUinents as needed to complete tl'rtS lease transaction. Section 2. It is in the public interest to negotiate the lease disposal of the real property described in the presented lease agreement and to not require the lease disposal by public bid or auction because the Chamber of Commerce has already constructed improvements on the land pursua.nt to a prior lease. Section 3. The City Council finds that the public interest will be served by leasing tt'1e real property for less than appraised fair market value for the reasons set forth in the recitals a.nd this resolution. Section 4. The City C01Lncil finds that the public interest will not be served by an appraisal because under the terms of the lease rent is \v",jved so long as the real property is used as pelllitted. Section 5. This resolution shall take effect thirt'j days after the date of passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 261." day of September, 2005. AYES: NOES: ABSENT: ABSTA1N: I THE CITY OF SEWARD, ALASKA ~c/~ ~ Vanta Shafer, Mayor ~ Branson, Dunham, Val datta, .Amberg, Clark, Lorenz, Shafer None None None ATTEST: ~A.().nA4/~--;:/LA d~ rJ Johanna Dollerhide " Assistant City Clerk (City Seal) .t\\;nIUhel ....~.,...{ Or: S~U:ff,~ .,""'& .,,'00',..' /;~~ <'j ~~,." .' .....~,,-r" ~ ~ V..'~Dr.POrr-" ". 'A ".. ~ o'l~V~ '~...,v ~ :: ,.0 ,. -e- 'oe" ~ ~ ; ~ c;i '" e' f'1'l;; AT' .. ~ ~ ~b.:b""':; ~ e ; ~ =: "~'; - ~ : '\p IiC& ;; ~ ~ l ~ ~~ ,.R ;a~V.l'. I": ;"t: · ",,"" '.'";" ,.v""~ "c.A"v.' 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'.L::mUSHI DNlmIO:J31I ffifVM:!IS 'NOISIAmans 1I0ffiIVH .LVOR 1WJ,\IS (lliV AUIS '9 )lJOIR 'n .101.>103:SVai aMI "MO.>I aSva'I :!IH.L IIO li\i."1IaI :!IH.L aNalX3 <IN-V 3:WVN S,:!I:!ISS3:'I 3:H.1 .1:::>IDnIOJ 0.1 aa.1Y1IOd1IOJNI 'nV31Illa SlIOnSIA aNY a:::>N31Ia3NOJ ':!I:::>H3Jt\IWO:::>.!IO "Raill\T\,'lD mrv Mas aH.L HUM .1NaW<INaw,,- asv:n Y OINI "Ha.1Na 0.1 "MaDYM\-iI,\! Al.D 3:Hl. DNIZrnOHli1Y '\,'}ISVTv- '<I"HVA\.3:S 30 AlD 3HI 30 '1DNflOJ AlD 3:H.l 30 NOIl.fl'10S31I Y l701-900Z NOI.lfliOS'IDI v'")[SYTf- ;'mIVA-.\3:S dO Al.I:) 8:apUql0:) :Kq p;J.[osuodS Council Agenda Statement From: Kirsten Vesel, Assistant City Manager Meeting Date: October 9, 2006 Through: Clark Corbridge, City Manager Q i)lp Amending the Lease 'rl\'ith the Seward Chamber of Commerce, Conference and Visitors Bureau, Incorporated for Lot 11, Block 6, Seward Small Boat Harbor Subdivision Agenda Hem: BACKGROUND & JUSTIFICATION: The Seward Chamber of Commerce entered into the current lease with the City of Seward ror the derby site on October 2,2002, as amended in 2005. This Lease encompasses Lot 11, Block 6 of the Seward Small Boat Harbor Subdivision. The Seward Chamber of Commerce requests the City COlLTlci1 to amend t.c~e lease to extend the tenn to 2021 with an option to extend for 8...11 additional five years, and to correct the name of the Lessee to reflect the complete legal name of "Seward Chanber ofCorr>..merce, COI1..ference and Visitors Bureau, Lncorporated." The resolution alld lease amendment presented at this meeting extends the term of the Lease and correct the naHle accordingly. If approved by City Council, the lease amendment will be effective in 30 days. CONSISTENCY CHECKLIST: \-"Y'here applicable, t..1.is resolution is consistent with t.~e Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules or Procedures. FISCAL NOTE: The amendment will have no fiscal effect. ., .J iif/ .: ,1 Approved by Finance Department \./(,VkZ2~:.cY;'Ui{i~).i-; ,\ .~ RECOMMENDA nON: COlmcil approve Resolution 2006-! 0'1 authorizing the City Manager to enter into a second fu!lenQment to the Lease with the Seward Chfu'11ber ofCom..rnerce for Lot 11, Block 6, Seward Small Boat Harbor Subdivision, Seward Recording Dist.rict, Third Judicial District, State of Alaska i [.., r; i'JJ ~ul -f JD I aiS-ed- 900('; J;lqUI;lAoN c: 'ON lN3WCIN3J"IV 3:SVg'1 Q3l \,r~ocrnO:)NI 'n.V3:~J1S: SI:IOlISIA QNV 3:)N:nfSdNO:) '3::)WiH'li:Y'W:) dO ~381/1lVH:) @VM3S :3:3:SSa'1 ~V !A3:S dO A.lD :HOSS3:'1 '~-900Z uOf~nlos8(!]O SS8U;lA!P;ljJ;l 8ql uodn 8A[P8jJ8 S! 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A.iD.. su 01 P;lll;lJ;ll l~YBU!gl::lq 'e)jSll!V JO ;J~1:llS 8qQO SA\1l1 811' 18pun 1JU!lS!X;) pUB p8ZllI111JI0 'UOlW10dIo:) IBd[:J!unm gIill glUOl{ B 'Y)lSY'1Y 'ernv M:il:S dO All:) 3Rt Z "ON ,V\13J/lI<IN1UAIV :!ISv::n Clark Corbridge City Manager ATTEST: Jean Lewis, CMC City Clerk (City Seal) cLA' Ii' /~] J ' ~ " i/ .' ,,' '/ ".1 N ~ I. tin, '-7f.' ,;;1: t -fA..,.' v~<- '" f. ~,/V\.'" ,,(./ t-'l.",--""" By: /..deAf?!- S UOuN(Id r' . 1_' .., -. ..,.i-'- Its: i-:::y-pe:-&Ln\;..t. j) l\" C C, lLi"{- LEASE ANiENDMENT NO.2 November 2006 -Page 2 of 3- 105 (', ["., 'Y ;-1 II" ~ ,.., -=sfo t: g:01:!d- 900l 19qm;:Ji\ON '( 'ON ..LN3T'JGN::f'0!Y 3SY3'l ; I '" ,..., -t:-I t?'\..J t.../ ~_, - Y)lSY'l j79966 )IY 'plllA\9S L9 I xos: Od 'id~C JoqJBH pJBh\9S JO f4D :o:lu,m:l<l~ 'U9U!1.'<\ 9AOqllUl::lJ::lI{ :;SlY: lB::l.': pUB ABP ;:Jlj:; !B;:JS IB~:;Ou pUB pumj ,\W SS3"NlJN\ 'lIllOJ :;;:JS U!::ll~T.j::; s::lsodJnd pUB s~sn ::llj:; 10J UOIlBJodloo ::llj:; JO JIBt{::lq UO lU9WnJOp ?lUjO;3~JOJ ::lljl p::l:;m;'X::l O!j/;I. pUB Ul p::llliBU jBnp!A!pUj 9lj. 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This cover sheet appears as the first page of the , document in the o:fficial public record. 4 11.~' IV cnT d v ~- A;~:~~~~~\ lit .:>~.~;.=o!: ~ -';'~ ~ Q Ff~~;\7C~ . j \: \..0". ~#~ 1 v: :::,,~~~;lV ~)~ ,.~~ 0'~ ~o :F"",,~~~ ~ ~ ~~... h~g~~:Hl~~.t\~'" pO-"',."'5=31}O wn.cueJ()W;;;I'V\90~t"~SS;.',S:;0C'-' Z JO , 8612d eseel fO wnpU8JOweVIi ,rpJ8N\8S J9 ^+!~:1 >U8)."" ;;w':' 'SIN\8-j (use" I ..<....J i.,-r.J,. u ! -:/~'L; -y l~~LJ:/;---~'1' /c~7'~T--- :'-~::::."~ . ......7."" \ \/ /" :A8 03.18:::311\::1 c) ~/ --:J:""'.-^ <l~"),4. ':OO; i . . ~" '~T. 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J8QOpO :31'11'0 3/\1183.::J::i3 179966 8>1s81\7' 'pJeM8S 617L xo8 '0 'd ne8Jng S,Jo:[!S!/\ pue UO!lU8";"UO~ pue 88J8WWO~ JO J8QW8LiiJ pJeM8S ::::BSS3l i79966 8>jS8iV'pJ8M8S L9!. x08 '0 'd pJ8iV\9S JO ^l!~ :t:JOSS3l :SlIfIOiIOJ S8 SWJ8l 8L1l 0:[ 6ulpm::J::J8 U18J8L1 p8qU::JS8p ^+19doJd 911fJo 9S8ej e OlU! p8J9:[U8 9A8Li 01:::3t:J3H S3 11Hv'd 3H1 3SV31 ;:10 IiIlnON'v':::iOIfJ3!J\\ j:79966 e)jser,:,' 'p,'E'N,es L9~ xog 'O"d pJeMGg 10 ^~~:J {u&LL~ck~1e/l.ea A~~t.H1tUUJO~ :~4 LUJ1~ebj ~i3u~p)((Jl~e~ i$~Ff; i~ck[~OV~f~edgme~1ts STATE OF ,A.LASKA THiRD JUDICIAL DISTRiCT SS. O \ i -- This is to certify that on the ['4 day of' ctu \'){' V ,2002, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared W. Scott Janke to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of the City of Seward, and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand.a,~~ official sea.! the day and year firs/)t writtervabpve. . .\1'''''''''' ,-., ~ J , . ( , ,.y.' r ," 'ft, ;' ) 'f I / \. ! \., ;- "w .'?", !J I I ,". \", _v;,/ ,...' W' I .............. ._\ ""..,t\1HHJIt:,.""'; ~$'# C 11 If (/ "'-L ......("\ .....~ '\ l\;:.l'" i/ e;. I V/~- .::- _....'.. .:..~......c:, . r~..~ ;J'~ ~ ~ V ~ -: {.-c' . r\ 0 ~ J'\!OTlt-'RY ~UBLlC in and for Alaska / .--- -: U ~. ~ j E My Co'mrni'ssion Expires: f ?---/2-J I Os ..- ~ ~. ~^ ~............ I / ,.d "".. /Jr'" '.!l ~<;t:: '/... s'... ....,'.t. U 0 'yo ...<:....~ .....~ ~ . /' -iil ~\..." '"';) .." ......, -r.:J ~ l.!H.!HSt~.~" ~ ....... STATE OF ALASKl.'",:f Of ?::-::..".:- J'iJ n j i' 11'";'1"- THIRD JUDICIAL DISTRICT ) I ) , I ss. This is to certify that on the J 6 day of Uc +oj; f K- , 2002, before me, the undersigned Notary Pubiic in and for the State of Alaska, duly commissioned and sworn as such, personally appeared 1er-esa "ROY to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of The Seward Chamber of Commerce and Convention and Visitor's Bureau, and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. l;\Docs\433741061.i-..1emora.ndum of Le2se,'Npd ~~ ~~-n ~--JOTARY PUBLIC in and for Alaska ~B ~ .. ~ . MY \..-ommlsslon expires: /114'-1 '22. Z~cJ3 ! ' n"1fl~'!.J ~ " I, " , ' '1.. "V '1,) v' V , ; [. yJ I ~ ZGD] ~L\N 2 j /-\ ;". L~ 8 SEVf,4nD PE C ~J:~: D~?<'-:: (1) S Tf<! 8T },~j~f]U~S.l~Eu ~.; ,; ;.'-{,J' .1.!. <'o"'w^.;rV ...........,'-/ 0'1 ::-^",Vv' ~V\.. Memorandum of Lease Page 2 of 2 109 '\ T T 1...; l'" ~ a:>J~Wi.l.lO:) fC JaquHi!4:J pJ2M3S . pJ-eN.as }O "l!:J pd.-\\ '[EUld ;;:IS,!?=! ~Jl:;'lUJtUO:) jO .j~qtu;:l..j:J plE."\~S\901tLf"[t"S:),JC:I GOOG '~ J9qOpO :9lBO 9^!pej.f3 nV3(Jna SI~O.lISI^ a N\f NOIIN3^NO::> GN\1 3:>~3WWO:J .:f0 ~381J\J"H::> a~\fM3S puv tlGGJl/qaq Ii " 'I I, I, I, 'I I I I II I, I' ,I I I II V>fSV1V '~J~'fM3S .:10 All::> IN3W33~E)\i 3S\f31 \A)-9oq J....q} 'CO? } {J C\ ). ~(J v ' TABLE OF CONTENTS ARTICLE 1 = LEASED LAND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1 .1 Description of Leased Land .................................. 1 1.2 Covenant of Quiet Enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1 .3 Right to Provide Substitute Leased Land ........................ 1 1.4 Property Accepted "As-is" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.5 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.6 Platting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 ARTICLE 2 = LEASE TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 2.1 Lease Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 2.2 Lease Subject to Referendum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 2.3 Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 ARTICLE 3 - RENTAL RATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 3.1 Initial Rental Rate .......................................... 3 3.2 ,i::(entaf Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 3.3 Procedure for Rental Adjustment .............................. 4 3.4 Effect of Late Appraisal by CITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 3.5 Appraisal by LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 3.6 Effective Date of Adjusted Rental Rate. . . . . . . . . . . . . . . . . . . . . . . . " 5 3.7 Rent Payment Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 3.8 Late Payment Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 ART!CLE 4 - USE OF LEASED LAND .................................... 6 4.1 Use of Leased Land ........................ . . . . . . . . . . . . . . .. 6 4.2 Obligations of LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 4.3 No Preferential Rights to Use Public Faci/ities .................... 6 4.4 Adequacy of Public Facilities ................................. 6 4.5 Tariffs and Other Service Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 4.6 Time for Payment of Utilities and Taxes . . . . . . . . . . . . . . . . . . . . . . . .. 7 4.7 Other Uses ............................................... 7 ARTICLE 5 - UTiLITiES AND RiGHTS OF ACCESS ......................... 7 5.1 Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 5.2 Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 ARTICLE 6 = CONSTRUCTION BY LESSEE ............................... 7 6.1 Irnprovements on Leased Land. . . . . . . . . . . . . . . . . . . . . . . . , . . . . _ .. 7 6.2 City Revjel;v of Construction .................................. 8 I:\Docs\43374106\Seward Chamber of Comrnerce Lease FinaLwpd City of Seward - Seward Chamber of Commerce i 1" i .L ~ ~l~ G, ~ IT a::lJaUHlJO::J,j.O Jaqw-el!:J pnr.\as - pJ'e;.,as p ^+!,J pdA'-T:!U!:I ~s~;ll ~::lJ;,!LUtuOJ.IO l"JqLU'f!l.J.J pJ'f!.^.QS\901tLSSt\})oG\:; Z2: ............................ 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G ~ 31:J!U:I\1 ~ ~ ..........................,. llmf:l30::l0 S1:J\1 S.33SS31 = ~ ~ 31:JiU:I\1 O~ ................. I1n\(:l3(I:10 Sl:J'f S.All:) ClO:! S3iQ31i\!3~ = (H 31:JiHiv 6 ................................... 11nv.::l30:l0 Sl:Jv All::! = 6 31:J11t:1v 6 ......................................... 3C1n3rv~'\l 3:J~O;:l - g :.n:J~n:l'1 6 ................. SNOWGNO:) 31iS/ONVl Cl3S\131 ~O N1;l1l131;l . L 31:JLLe'tr7 i~RTiCLE 22 0 ESTOPPEL CERTlFICATES ............................... 23 ARTiCLE 23 0 NO WAiVER OF BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 ARTICLE 24 . TiME OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 ARTICLE 250 COMPUTATION OF TIME ................................. 23 ARTiCLE 26 = SUCCESSORS IN INTEREST .............................. 23 ARTiCLE 27 . ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' 23 ARTICLE 28 = GOVERNING lAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' 24 ARTICLE 29. PARTIAllNVAUDITY .................................... 24 ARTICLE 30 . RELATIONSHIP OF PARTiES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 ARTICLE 31 _INTERPRETATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 ARTICLE 32 _ NUMBER AND GENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 ARTICLE 33 = MANDATORY AND PERMISSIVE ........ . . . . . . . . . . . . . . . . . .. 24 ARTICLE 34 _ CAPTIONS ............................................. 25 ARTICLE 35 _ AMENDMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . - . . - . . .. 25 ARTiCLE 36 . NOTICES .............................................. 25 1:\Docs\4.3374106\Seward Chamber of Cornrnerce Lease Final. '.\'pd City of Seward. Seward Chamber of Commerce 111 110 .l.. 0 t'11 ..,,::lJ6WUJ08 JO JsqW!?!.!,J pJ!?MaS' pJ!?f;\'3S JO I~!: pd,\'\'J1:!u!'::I ;ISE~-r ;i:J':dUm.!OJ}O J:;lqWEl.j') PlE,\\;;iS\90TtLSST\S:JOa,:] Aq P8ld8::J88 PU8 All:J 8Lj+ Aq p8P818S UOn8:JOI M8U 8jqe1edwo:J e 0+ 8s881 S!Ljll0 ~'~ UOIP88 U! 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JO eJOW J.e8]. 8lenbs ~ ~G' ~ AI8J.8W!xoJddel0 88J8 U8 'JoqJeH pJ8N,es 8L1J. U! >fleMp180q eLH uo peJ.8:J01 SJe8A Auew JOl pU81]'0 18:J18d 8 6U!S8Sj ue8q sell 338831 'SV3~3HM '179966 8>jS81V 'pJ8M8S '6j?L x08 '0 'd S! SS8Jppe 5U!I!BW 8S0LjM '(..338831" 8LjJ.) uO!J.BJodJo:J Hj.oJduou B 'nv::jijnS S,HOlI81^ ON\i N011N3^N08 ONV 3:JH3V1!VI!O:J =/0 H38V1!\fH:J OdVM38 3Hl pUB 't:'9966 B>fselV 'pJ8M88 'L9~ x080 'd SI SS8Jpp8 5Ulll8w 8soLlM pue 8>jselV 10 e+8+8 'l.j6noJ08 8lnSU!ued !BUS>! 8ljJ. U! P8j.8:JoI uon8JodJo:J IBdplunw e 'CJ.1.18" 8Ljl) 0C1\iM3S =/01.118 eljJ. u8eM~eq pUB Aq ep8W 51 ("3SV31,, eLjJ.) lN3V1J33i::J8V 3SV31 SIHl lN3~f\133l:l8'if 3SV::ll LESSEE which acceptance shall not be unreasonably withheld. in the event of such a relocation, CITY shal! not be ,"esponsible to LESSEE for any of LESSEE's costs associated with the relocation other than direct costs of moving any structure. CITY shall not be responsible for payment of any amounts of lost profits, incidental or consequential damages or any other costs or expenses as the result of CITY's exercise of its rights under this provision. CITY shall provide written notice to LESSEE no less than one hundred twenty (120) days in advance of its intent to require LESSEE to move LESSEE's facilities. 1.4 Property Accepted "As-is". LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CiTY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permit, zoning and re-zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITYto assist LESSEE in obtaining any other permits or approvals. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description prepared by LESSEE under Section 1.3 herein. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a I:\DocS\43374106\Se\liard Chamber of ConU11erce Lease Final. wpd City oj Seward. Seward Chamber of Commerce 2 115 .'...... "V ~r-- l..! ~ ; v .~ ':> c ~ o:JJ6l.!.i1...uO:]}.O Jaqtuell~ pJ2MaS - pJ'E!MaS r=' :Q.i:J pdAq'el!!:! ;lS'2;ll ;;!Jl;lU.:-~UOJ)O l~qUiEt{J pjE!'\~S\90Tf.'Lr[j-'.:::)OC',:I S! 8sn leLj:r sS81un PUBl p8se8-, aLa JO 8sn lenpe JO pepuelUj S,338831 o:r pleB81 :rnOLj:r!M P8U!W18J-8P 8q jfeljs pUBl p8se8l 8lH JO 8sn :rS8q pue :rs8Lj6!Ll 84-1. 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AI8J-eW!xoJdde JOJ unJ IIBLjS WJ81 asea18LJl -c.,8J-ea a^!p91B.. 84:[) 38\i::Jl S!4:rJO 8J-8p 8^!P8Jj8 8Lj]. 8q !leljs 8:rep J-el/1- pUB uOlfnloS8i::j 8l/:r JO 9].8P 8^!P8Jj8 aLjJ- uodn 88uaWWO:J 1l8ljS WJ8l 8seal 0341 t,UO!J-nIOS9i::j.. 8l/J-) 17 LO-(;OOl 'ON uO!J-nlos8~ UO!:reZ!JOLl:[ne S,All:) Ll].!M. a8U8pJ0888 U! eq "eljs (..WJ81 8seel" 941-) 38\i31 SILl]. JO WJ8:r 8ljl 'WJ81 8se,n i '7 ,'" \.....; !I\l~31 3SV31 . Z 3'~U:~V 'PUSl pese8l 8LH o~ W8J8fpe A:)18doJd jEeJ P8U/V\O-AIIJ 10 lejd eq+ ..iO pU81 peseel 94l j.o l8id 8LJl Bung 0+ UO!l!PUOJ coincidentally the highest and best use of the Leased Land. CITY shan complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent MAI- certified appraiser, who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent MAl-certified appraiser at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. !f LESSEE'S appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the bNO appraisals. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY. if, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. if for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent MAl-certified appraiser at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty 1:\Docs\43374106\Seward Chambr:r of Comrncrce L::ase Final. wpd City of Seward. 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JO :3:3SS:31 0:' 8:)!PU uen!J/\!\ 8AI6 i18ljs A1IJ '8nls!, P:'lU8tj le>jJ8V\1 J!8.::J 84+10 UO!].8U!WJ81.8p S,J8S18,lode 8,33SS:31 0), spe[qo All8 JI '!8S!81dd8 us U!8NO 0+ uo!pe\e 8,3:3S831 JO 81,130 lU8Wlsnfpv iB+U8eJ 81.H BU!N\OIIOJ sAep (OS) ARTiCLE 4 " USE OF lEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE'S use of any CITY-owned land outside the Leased Land is not permitted, and shall be deemed an act of default by LESSEE. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall make such changes as are necessary or desirable, at Lessee's sole expense, to meet current building and fire code requirements. All such construction, improvements and repairs shall be completed by March 31,2004. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exciusive rights to use any public port or other public facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CiTY shall have the right to make amendments to its tariffs, regulations and scheduled fees from time to time even if those adjustments shall cost LESSEE more for its operations or use of public facilities, I:\Docs\43374106\Seward Chamber of Comm.e,ce Lease FinaL wpd City 01' Seward. Seward Chamber of Commerce r o .. ~ q l.i.v iJZ 1 L .a:J.!ewUlo8 }O J'3qWEl!::> pJ'i:!Mas - pJ1:t,<,':::S 10 I-.;!:) pd'\\TeUf.:! :;lSE:;ll ;;,::u:;lmmo.J)O "!-;lQW<!4:J p.i"i!.^.\~S\90rFLSf?'5J0(},<I :SUO!:;iPUO::l BU!MOI/01 8Ljf 0:; p8fqns 'PUBl P8sBel 9Ljl UO SlU8W9AOJdW! J9ljlO pue s6u!p!!nq 8::lie/deJ Jo/pue P!!nq 'P!!nqeJ 'pnJlSUO::l9J '18pOW91 'Jel/8 'U!elU!ew 'p9J9 Ol lLjoP 9Lll eM::lj 118LjS 338831 '9S881 Slljl]'O (p)Z'v uoq::J98 ].0 SlU8W81!nbel eljl 0;. 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UO SUO!+BJ9do Ol P8lBi9J S8X8J. pue se!J.!Illn 101 J.:ed lJ!M 338831 'sexBl pUB semmn jO JU9wlted lOj GW!1 9 'sen!l!:J81 :)I!qnd 84110 lesn 18!1WIS 18LHol\ue uodn U8ljJ. 338831 uodn 818) J9u,6!4 JO uepJnq J.8leeJB J~U8 esodw! lOLl seop +! f84l/\!UO pep!/\oJd os op o{ e9jj. s! .Al!J pUB (8) (b) c) (d) (e) (f) (g) The cost of any construction, reconstruction, demolition, or of any changes, alterations or improvements, sr:a!l be borne and paid for by LESSEE. The Leased Land shail at all times be kept free of mechanic's and materialmen's liens. In a manner consistent with Section 4.2, LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights-of-ways or easements. On completion of any improvements, LESSEE shaH provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. Any general contractor employed by LESSEE or its sublessees shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTYTHOUSAND DOLLARS ($50,000.00), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees thatthe contemplated work will be performed by the genera! contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, a performance bond shall be required when the cost of the work is equal to or exceeds F!FTY THOUSAND DOLLARS ($50,000). CITY may, as contemplated by Alaska Statutes, give notice of non- responsibility for any improvements constructed or effected by LESSEE on the Leased Land. LESSEE shall comply with all federal, state and loca! statutes and regulations with respect to such construction including any required finding by the City Council of Seward that such action is in the public interest. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Sections 4.2 and 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable 1:\DocS\43374106\Seward Chamber of Commerce Lease Finahvpd City of Seward. Seward Chamber of Commerce s 1 ? 'i ..il..c.-i ;7? 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Wit.lii! he app:icao e penoo "AI! u; : "t' ,.,u, ",L,d: -. .- corrected. 9.2 Violation by CiTY of any applicable laws or regulations of the United States, the State of Alaska, the Kenai Peninsula Borough, or the City of Seward or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government pursuant to the regulations of such agencies for a period of sixty (60) days after written notice specifying such violation has been given by the agency to CITY; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by CITY within the applicable period and diligently pursued until the violation is corrected. Furthermore, if CITY shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined, provided such proceedings are diligently pursued. ARTICLE 10 . REMEDIES FOR CITY'S ACTS OF DEFAULT 10.1 Whenever an act of default by CITY shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, LESSEE shall have the following rights and remedies in addition to any rights and remedies that may be given to LESSEE by statute, common law or otherwise: (a) Withhold payment of any rent otherwise due CITY to the extent of CiTY's default; (b) Recover from CITY, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by LESSEE by reason of the default by CITY; and (c) Declare this LEASE terminated. 10.2 No expiration or termination of this LEP'sE shall expire or terminate any liability or obligation to perform of CITY's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.3 Each right and remedy of LESSEE provided for in this LE.ASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by LESSEE of anyone or more of the rights and remedies provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later I:\DocS\43374106\Seward Chamber of Cormne.rce Lease FinaLwpd City of Seward. 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Furthermore, if lESSEE shaH contest such alleged violation through appropriate iudicial or administrative channels, the time period specified herein shall not 'commence untH such proceedings are finally determined provided such proceedings are diligently pursued; provided, hO\i'fever, that any such extension oHime shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of LESSEE. 11.5 Failure of LESSEE to maintain its operations within the Leased land orto keep the public rights of way clear. 11.6 Abandonment of the Leased Land by LESSEE. ARTICLE 12 . REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law or othenNise: 12.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601 - .628) with respect to sale of property shall be a commercially reasonable disposal. 12.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under sub-paragraph 12.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESS EE expressly waives. 12.3 in addition to the above, CITY may: (a) Declare this LEASE terminated; I:\DocS\43374106\Seward Chamber of COfP"merce Lease FinaLv./pd City of Seward. S,wacd Chamb., of Comme,c. 12 t ~,,.. " t<':l""'-O:;;; . /,.< ..,,(ii,r~....Y' 321 Sl a::lJawwo:) lO JeqUJ'elrJ pJeMSS - PH!/waS 1-0 ;\~;J pd.'\qeu!::I ;:lS:,?~ ~J;du.rlUO) jO l~qWBt!J PJ'2,\\;;lS\90TtLtSr-\SJOQ',.:I '+U8IP8dx8 p8W88p 8q A8W S8 U8:ij0 S8 PU8 8Wq 0+ 8W!+ WOJt P8S!8J8X8 8q A8W J8MOd PU8 +l.j6!ll.j8ns AU8 :[nq 't08J8l.j1 JeA!8M 8 8q 0+ p8nJ+SU08 8q 118l.jS JO J8MOd JO +l.j6p Lpns Aue JJ8dw! 118l.jS +lnB~ap ~O pB UB 5U!MOIIOt BU!nJ88B J8MOd JO :[l.j5!J AU8 8SpJ8X8 0+ UO!SS!WO JO ABI8P ON LZ ~ '8S!MJ8l.j+O JO 8+n+8+s !\q JO ^+lnb8 U! JO 'M8! W 5U!+SIX8 JeY8aJ8l.j+ JO MOU JO 38\131 S!Lj+ U! JOJ. P8Pil\OJd s8ip8W8J JO Sll.jBp J8l.j+0 il8 JO !\U8 to A1..18 !\q 8SpJ8X8 J81el JO sn08u811nW!S 8Ljl 8pnp8Jd 10U IIBLjs 8S!MJ8LjlO JO 81n+B1S !\q JO !\1!nb8 U! JO MBI1B 6Ui+S!X8 J8:ije8J8Lj JO MOU JO 38\131 S!Ljl U! jOt P8P!l\oJd selp8w8J PU8 s+Lj6p 8Ljl JO 8JOW JO 8UO !\U8 JO All8!\q 8SpJ8X8 aLjl JO BUiUU!B8q JO 8SpJ8Xa 8Ljl pue '8S!MJ8LjlO JO 8+n181s Aq JO !\+!nb8 U! 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BUIleIO!,^. 9AOW81 01 All8 !\q p81Jn:JU! 8SU8dxs; pue Slso::J lie l81\088J pue Al!8 !\q peA01dd8 SU81d lU8wdOl81\9P 81!S 01 k!8J1UO::J P8:Pi1J:ISU08 JO 181101dd8 All8 lnoLjl!M P8pnJlsuO::J S1U8W81\0JdwI !\U8 J.o lei\OW8J 8lf! 9J!nb8J JO 81\0W8"tj (8) 'Pled ^1I8n:pe SUOISSIWWOJ 8+81S8 leeJ !\ue pue S88J S,^8UJOH8 81q8UOS88J 'S8S!W8Jd 941 to uoq8J8+IB PU8 UOnel\OU8J lJeSS888u to 5lSO:) Bu!pnpu! BU!H8ieJ JO S8SU8dx8 'PU81 P8se91 8LjHO UO!SS8SS0d 5Up81\0::J8J JO ls08 8L11 '01 P8l!W!I 10U lnq '6u!pnpu! Lj::J88Jq JO +!neJ8p S,338831 JO UOSB9J Aq All8 Aq p81Jn8U! s95eW8p 118 J9^088"tj (p) '38\131 Sll.n JO WJ8:f 5UIU!eWel 8l!1U8 8lf! JOJ- lU8J p\8dun el!+ 0+ ll:mb8 \.pB9JQ uo ^18leip8wwi enp eq 01 1unowB U8 J8,^,0::J8"tj (::J) :338831 Aq llnBJ-8p JO Lpecl1Q 9lf[ J-o UOS88J Aq .A..u~ Aq p81Jn8Ui S8su8dxe J9l140 lie pue se8J- s,;\8UlOne 81qeuosesJ '10U 10 p8+8U!u..U8J, 8q 38V31 SI!)', J8yl8LjNl '338831 WOJ!. .!S,^,O:)8t:j (q) ARTICLE 13" TITLE TO iMPROVEMENTS INSTALLED BY LESSEE 13.1 Real Property Improvements. All improvements constructed by LESSEE on the Leased Land shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 13.2 Persona! Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination ofthis LEASE for any reason, may, but need not, promptly remove trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal, no later than ninety (90) days from the termination of the LEASE. ARTICLE 14. ASSiGNMENT OR SUBLEASE 14.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the pubHc interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublet this LEASE. 14.2 Assignment of Lease for Security. Notwithstanding Section 14.1 above, LESSEE may assign, encumber or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE underthis LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 12 above, no "LESSEE Act of Default" shall exist until expiration ofthirty (30) days after such notice is furnished to Lender: provided, . (a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and I:\DocS\43374106\Se\vard Chamber of Corrunerce Lease Final. wpd City of Sew"d . Sew"d Chemb., of Comme'c' 14 1 ," '4'. . (" 0;' T -.vV' ~ c _ l a::lJSWwo:):J.O Jaqwe4::l pJ'i?MoS' p..!~fllas,tO ''\+!:J pd_".\"IEU!::i ~SBrr ~:')j~u.n.uoJ jC l;.qWEl.[) pj,(!,^,\;;lS\90IvLfS7\s:::oCI\:Y 'p8Jlnb8J oSIB sl (OOO'OOO'Z$) 8Cl\;fllOO NOlllltAl OM1. UBlj:r SS81 :rOU}O WnOWB 8LH U! 86BJ8^08 88UBJnSU! A:r!I!qB!lIBnpBJ:ru08 'SpJBZBlj 868WBP A+JadoJd puno16Japun pue 8sdell08 8prq8U! oSIB IIB4s 88ueJnsuI J-O S8!8!lod LpnS Japun 86BJ8^08 'UO!pnJ:rS8P JO a6Bwep A]J8dOJd pUB 'Alnfu! 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W18J8P eq+ JI (q) LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MiLLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of canceilation and/or material change to be sentto CITY at the address designated in ARTICLE 37 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 17.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers and others working on behalf of CITY from any and all !iability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use, and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adverselv affect J I:\Docs\43374106\Seward Chamber of COfTI..Jnerce Lease FinaLwpd City of Seward. Seward Chamber of Commerce 16 .t 1)0 A'- ,.) ("j s'.~': 1. '- "." ~ i T ~ ~ a'J.J~Wl!..!O:l ;).0 .!aqwe4::> p.!'U'I\aS . pJ1eMSS !O f-ll:i pd!\.\ T2Ul:i ;;l$'?7I ~J.i~UlWOJ JO l;;lQW'2ll:) plBA\;;lS\901tLSSt\SJO(I\:] '6U!00810J- 8l.H BU!PUElSl.H!M+ON '8)jS81V JO el8l8 8Ljl U! :j.m08 10p8dn8 AU8 UI P818lU8 8q ;\ew p1e/v\e 8LH uo lU8wopnf pue '8W!l Ol eW!l W01J p8pU8we eq 18ge818Lj ;\ew JO SlS!xe MOU l! se '('bes 'le 0 ~O'St"60 8V) PV UOn81l!q1\f W10J!Un 8)jselV 8Ljl JO SUO!s!^oJd 8Ljl 0+ lU8nSlnd luewetnes e JOJ 10leJl!q1e luepuedepu! ue Ol p8n!wqns 8q HeLjs 's9!lled 8lH;\q p8^loseJ 8q lOuue::J leL.jl 38V31 S!Ljljo 8::JueWJojJ8d 8L1l ol p8ds8J L1l!M s8!lled 8L1l u88Mj.eq s8lnds!o (e) 'UOfJ181J[qJlf ~"6 ~ NOI1V'~l!a~V' - 6~ 31~I.l~V 'puel P8UW8pUO::J 8Ljl 5u!z!mn WOJ1- P8lU8^8Jd 1i.18^!peM8 S! 338831 U8LjNI 8lep lenp8 8Ljl uo 8A!P8}J8 8q Ol 5u!uu!58q lU81 8Ljl J-o lU8w8leqe le!lled pue 8lqel!nb8 ue 8len058U lIeLjs ^-1.18 pue 338831 U8L.jl '8leJ8do Ol 5u!nU!luo::J WOJJ- l! lUe^8Jd lOU II!M 6U!)jBj. IB!1l8d Lpns leLjl S8U!WJ8l8p 338831 '8sn ::J!lqnd JOj. BU!)j8lI8!llBd Lj::Jns j.o ewn 8LjllB 1-1 'pefqns S! PUBl p8se81 8L1lLPljM Ol SU8!! pUB SN8P 'S8::JueJqwn::JU8 liB 8^Owel 'UO!lEU!WJ8l Lpns Olluep8::JeJd UO!l!PUO::J 8 S8 'lIeLjs 338831 '38V3l S!Ljl JO WJej. elH J-o UOneJ!dX8 eLjlle UOn8U!WJ8l e S8 Jeuuew 8W8S 8ljl U! peleeJl eq IleLjs UO!l8U!WJellj::Jns pue '8::J!lOU Sl! Uj ;\J-peds lIeLjs 338831 se 8l8P J8l8118LjlO Lj::Jns le JO '^-1.18 Ol88!lOU l.pns SpU8S 338831 8l8P 8ljl WOJJ- sli.ep (9~) U88Y!J 8^!P8jJ-8 s8sodJnd lie JOJ- P8l8U!WJ8l eq ueljllisqs 38V31 S!LH pue 'P8M9 S!Ljl Ol 5U!l!lM U! ^-1.18 li.mou ;\ew 338831 'puel P8s891 8ln liO 9leJ8do 0+ 5u!nUjluo::J WOJJ- l! lU8^8Jd II!M pUBl P8s891 8Ljl J-o tied l.pns JO BU!UW8PUO:J 8ljllBLjlljj.!eJ- pooo U! S9U!'..lJ18j.9P 338831 J-I "PUB: P8se818ljj. uo 8leJ8do Ol5u!nuquo::J WOJJ-l! j.U8^8Jd II!M uoqeuw8puO::J JOj. p8leu5!S8p pU8l p8se81 8Ljl J-o lled 8ljl JO 6u!)jej. 8ljllOU JO J8ljl8ljM Ol se UO!leU!WJ8j.8p ljl!8j. po05 e 8">few lIeljs 338831 '8sn ::J!lqnd JOj. P8UW8PUo:J S! puel p8se81 8Ljl J-o lie lOU lnq tied J-I ';\ue 1-! 'punoj. os s85ewep 8!Jpeds Lj::Jns j.0 lunowe 8ljl 338831 Oll!Wsu2Jllleys ^-1.18 'lS8J8lU! Plolj8seel s,338831 j.o SSOI JOJ- s80ewep ::J!J-peds s8pnpU! LP!ljM A1.18 Ol pJeMe 810U!S e j.o lU8^e 8Ljl U! l8Ljl 'P8P!^oJd :;\l!10Ljln8 5U!UW8PUO::J 8Ljl ;\q J8LjlO 8\.H Ol 8pew pJe/v\e li.ue Ol JO U! slLJO!J ;\U8 9/18U, 118Ljs ^-1.18 JOU 338831 J8ljl!8N 'OU!">I8l el.jj. J-o llns8J e se 1i.18^!P9ds91 W9Ljl Oleuop JO ^q p8Jln::JU! e08w8p ;\ue J-o lunow8 eLjl JOJ ;\lPOlHne BU!)jel10 Bu!uwepuo::J eLjl j.sU!86e W!8P 8 e)jew Lj888 IleLjs 338831 pue ^-1.18 ',\mUe pezpoLjlne li.lnp 19l.jlO JO ;\8ue6e lUeWUJe^oB Aue ;\q esn 81jqnd 8 10j. peuwepUO::J S! PU8l peseel eLjl JO j.J8d ;\ue 10 118 J! NOI1VNjj'J3aNO~ = In :::n::HJ.~V "lUeW9S10PU8 10 esnep e Lj::Jn5 epnpu! II!M 8::JueJnSU! fO sepuod s+! +eLll se815e 335831 "esn 10 ;\::Juedn880 5,33883l .J.O 8Wn 84j. 5upnp CA.118 JO .J.184eq uo Bur>po/v\ 5J8LHO PU8 S18elUnjoJ\ pue S88;\OjdW8 'SjBP!MO peW!odde pUB pepel9 S+! 6u!pnpu!) kLl:J +su!e5e S8 +d88X2 19pUneJeLB J91\0881 OJ, 33SS31 .J.O +l~5p 9ljJ, 8::J!pnfeJd 10 S8!:)l!od l.pns J!edw! 10 arbitration shail not be appiicable to ciaims or disputes involving a requested remedy having a value of more than Fifty Thousand Dollai"s and Noli OOs ($50,000) (exclusive or interest and costs). All demands for arbitration and ail answering statements thereto that include any claim must contain a statement that the totai sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than Fifty Thousand Dollars and Notl DOs ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than Fifty Thousand Dollars and Noll00s ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. (b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any ciaim based on conduct that is a felony crime in the State of Alaska. (c) Written notice of requests for arbitration of disputes may be served by either party to this LEASE upon the other party. Arbitration of any dispute or ciaim shall be determined by a single arbitrator selected from a list of not less than five arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. (d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. (e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not 1:\DocS\43374106\SewaiQ Chamber of Commerce Lease FinaLwpd City of Sew2.rd . Seward Chamber Dr Commeice 1" 'J 1) n ~ l..11 ..,c ...- 6v ~. 61 a:).HH.uWO~!C l'ilqw€1..I8 pH~I..\as' p.l1U.\l1lS!O r\.:H:) pd,.,q'2uJ.:! ;.S\l;'l "d::u;.ur..uo] jO J.<lqU;1<1..jJ pn,""dS\90IvLfS'V\S:lOO\:; JO 1,S08 841, S1,U8W;\8d IB+U8J eJn1,nJ WOJJ pnp8p Je41,!8 ;\8W 338831 U84J, NBSS888U 1,OU 8J8M SJ!8d8J 841, 1,841, PU!J Alel8wqln PinoLls pJBM8 UOll8Jl!QJB UB JI 'slsenb8J 98UBU8+UIBW eLll 4l!M ;\ldW08 ;\lInJ IIBLls +! 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'S88J68 338831 sS81un >jS!J pUB 9SU8dx8 910S s.Al.l~ 1,8 8q 1I84S A11~ ;\q P8W10Y9d >jJOM 48ns f.uV 'SJ8l-1+0 JO 338831 ;\q J,U8wdoI9^8P 18nlU8^8 JOJ pU81 p8S881 841 8J8d8Jd JO 'SI8w!ue pUB SJ,UBld 01, 86ewep 81-86!1-!W 'UO!SOJ8 J,U8^8Jd 01, J8pJO U! '338831 ;\q U08J9lj1- p8::Jeld SlU8W8^oJdw! JO 8^!Snpx8 'puel p9S881 841- UO >lJOM 8^qeJ,U8^eJd pue e::JUBU81-U!8W wJoyed '338831 f.q uOIPn1lsuo::J JO 1,U8w8::JuewwO::J 8ljJ, OlJopd '/\8W '8Su8dxe pU8 uO!l-do 810S s,A11~ J,e 'All:) 'esn 8^!Snqe-uou 'lewJou 01- p8fqns '338831 i\q p8pnJ1-SU08 10 P8^!8::J8J se UOI1-!PUO::J po06 se U! '338831;\q U08J841, p8::J810 S1-uew8^oJdw! f.ue 6ulpnj8U! 'pu81 p8s881 841 U!81,U!BW '8SU8dx8 pue >lsp '1-S08 810S s.338831 1-8 '1184s 338831 'f.U8 J! 'J08J8L! UO!SU81-X8 pUB 38\:131 S!l11, JO UJJ81- 81\+ue 84l5upna 'e;JufJu8Ju!eliV /'8WJON ~ 'OZ; S~:HVd3~ aN"\i 3::>NV'N31NIVW = 02 31:J11}:lV 'Uo!spep uO!1-811-1QJ8 ue 6U!J,888/\ jO 6u!J\J-!POW JO:l spunoJ6 !euo!1-iPpe eq !ieqs 'pJ088J 8lj1- U! 88Uep!^8 18!1-U81-sqns uo peseq such repairs or be reimbursed therefor. in deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitrator is to give primary consideration to the safety and welfare of the Seward harbor facilities and the dti~ens of Seward in light of the highest standards in !tole industry. If any facility or service provided by CITY to the Leased Land shaH become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shaH either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 21 - ENViRONMENTAL CONCERNS 21.1 Hazardous Materials. (a) Condition of Site, LESSEE has had fun opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" conditioll. LESSEE acknowledges it has been in possession and control of the Leased Land since 1989, (b) Release of CiTY. LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during and after the term of this LEASE, and resulting from the use, keeping, storage or disposal of Hazardous Material on the Leased Land by LESSEE, or arising out of or resulting from LESSEE's operations at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. (c) Use of Hazardous Materials on the Site. (i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Land. (ii) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, poilute I:\Docs\43374106\Seward Chambe:f of Commerce Lease FinaLwpd Cii:'j of Seward - Seward Chamber or Commerce 20 "I '':;:? ~Vv ~~ 'c r ~~I '} 1Z a:;Hau..H.tlO:),tO Jaqw;::l!:) pJeh\'aS. pJiO't;\as ~O 1~!::: pd/<'. 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JO JO lno 6u!spe 'eS!MJ8LjlO JO lue6unuo::> 'UMOU>jun 10 UMOU>j 'eJnleu JO pUp,! Je^el8LjM JO (sesuedX8 uo!+86!+!1 pue Slsm ]Jno::> 'seeJ ]J8dxe pue lU81lnsU08 'i\8UJOne 'UOn8l!W!1 lnoljl!M '6u!pnpu!) s8suedxe JO SlS08 'seBeW8p 'SlU8Wem9S 'se!l!I!qe!i 'SlU8WBpnf 'S8U!j 'se!llBued 'spU8wep 'SW!8j8 i\U8 lSU!B58 PU8 WOJJ SS8\WJBLj ^.l\~ PIOLj PU8 ^J!UW8PUI 'pueJ8p lIeu,s 338831 'AlI:]}O UOn8:J!J!uwepu/ (p) 'ljdtu6eJ8dqns S!LP, JO SUO!s!^oJd 8LH JO UO!lelo!^ 18!+U810d JO UOnelo!^ ^ue fO ^.ll~ Ol88!+OU 8le!p8WW! 8^!6IlBljs 33S83l (II!) ',-\jJ8dOJd IBUOSJ8d JO 88Je J8lnO fUB JO puel P8SBS-t 8lj1 JO W8wfo[U8 JO 8sn 'uo!i!puo::J (q) JO :8J84M8S18 10 pue1 P8SS81 8U,+ LiO p8J,880I J8ljl8lji\i\ 'suosJed JO ^18J8S JO 8J8JI8i\!\ '41188,-\ (e) eljl p8U8 ^!8S.!81\pe /\BW 10 '8illBS 8lj+ 8J,8U!W81,UO;;; 10 If' \ J Hazardous Materia! Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material inciudes any and all material or substances which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. (g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 21.2 Permits and Reporting. (a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY Drior to LESSEE commencino work under this LEASE. LESSEE shall pro~ptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. (b) Correspondence With and Reports to Environmental Agencies. LESSEE shail immediately provide CITY with copies of ail correspondence and notice, including copies, of all reports between LESSEE and any state, federal or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. I:\DocS\43374106\Se..vard Chamber of COIT'"merce Lease FinaJ.wpd City of Seward. Seward Chamber of Commerce 22 , ~~1S ,- SET EZ a::)~aUlU;O:J.J.O J3qUlB4:J pJBMaS. pJBMas}O ~!:) pd,\\"j1w!::l "dSB;'Ii ;l:;IJ-;>Un.UO:J JO J?qurEif) pl'i!,\,\;;l$\90ItLf::t\,~JoG\:I "P!i8^ JO Bu!pu!q 8q lIeljs 3SV3l S!lj+ U! P8U!8tUW tOU SI Lj::J!LjN\ AjJed AU8 Aq 8p8W 8S!WOJd JO iueW8Wi-S 'iU8W88JB8 J8lHO OU pUB '3SV3l S!Lli J\q p8J9^08 SJ8nBW 8lji 0:'; p8ds8J lji!M S8!jJBd 8lji JO tU8W88JBB 8JnU8 8Lli SUIB1-UO::J 3SV:3l SILll. .lN31J\l33~E)\i 3~I.lN3 - a 31~lnl\f "3:3SS:3l pUB A1J8 JO 1-S9J8iU! U! SJOSS8:xms 8Ll]' uodn Bu!pujq 8q IIBLjS pue JO m9U8Q 8lji 01- 9JnU! IIBLlS :3SV:3l S!LJi U! SUO!+!PUO::J pue SiUBU9^0::J 'SWJ81- 8Lji JO liB pUB lj::JB:3 .lS3~3.lNI NI S;t-lOSS3~~nS - 9Z 31~IH:lV 'p8pnpX8 OS\B S! i! U8LH pUB 'J\ep!lolj e JO ABpuns 'ABpJni8S B S! 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Ol :3:3SS:31 JO Al.l:J J8LH!8 Aq 9Jnl18J ON H:JV'3"t18 .:10 H3AIV'M ON . ~Z 31:JiH:I\f "9::JU8/\pe U! pied ueeq 9^eLj seBJBl.p J94l0 pue tu9J 8lj1- LP!LjM Ol s8iep 8L11- 5Uii8iS pU8 :(J08J8yi VJ9lX8 pue 8Jnleu 8lji 5uneis 'ilneJ8p P8wiep Aue S! 8J8Ljl J! 'Jo) BuqS!X9 silneJ9p au 8Je 9J8LjllBL1l '(SlU8wpu8we JO lU8WPU8WB 9Ljl 5u!i8tS PU8 p8puewe S8 P8JJ8 pUB e::JJq IInJ U! S! 8wes 8LjllBLj1- 'J09J9Lj1-lUewpuewB Aue U99Q S8Lj eJeLjl J! 'Jo) P9H9 pus 9::JJ01 Un} U! pUB pepU9weun 5! :3SV:3l S!ljl ieyl BU!^J!jJ98 5U!lPM U! lUeW8l8iS S 'eeUB!S8P Sll 01- JO 'AjJed Lj::Jns 01- J8^!\ep pUB 'e6p8IMOU)!::lB '8l1l88X8 'AjJ8d J841-0 8L1l Aq lsenb8J U8npM JOud ,sh,~p (O~) U81- UBL!l sse! 1-ou uodn 9Wn 0+ 8W1l WOJl PU8 8Wn ^U8 1-8 118LjS AjJ8d J8LHi:3 531 '1:JI:lll~3~ 13dd01S3 . ZZ 31~IIHv ARTiCLE 28 . 'GOVERNiNG lAW This LEA.SE shall be governed by, construed and enforced in accordance with the Jaws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including without limitation, Chapter 7.05 of the Seward City Code. ART!CLE 29 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. ARTiCLE 30. RELAT!ONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CiTY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 31 . iNTERPRETATION The language in all parts of this LEA.SE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 32 . NUMBER AND GENDER In this LEASE, the neuter gender includes the masculine and the feminine. and the ~ingular num?e: includes the plural; the word "person" includes corporation, partnership, firm or association wherever the context so requires. ARTICLE 33 a MANDATORY AND PERMISSIVE "Shall," "will" and "agrees" are mandatory; "may" is permissive. I:\Docs\43374106\Seward Chamb~r of Com..Tlerce uase Final.wpd City of Seward _ Seward Chamber of Commerce 24 1 ,.-, "'(' -.j ~i"T -iP". .~ '_ \...-' ,:i~ <;z i:l;JJawwo:] fO Jaqwe4J pJE:lMS. pJEMaS,'O !~!:) pdAQ'2U!::!: ~S'€;YI ~:muzwoJ JC JJqu..ret[) pj'eSt~S'\90tF~::::t\S)OQ\:i ep!AOld 0+ enU!+U08 118ljS ::338831 'pez!w!u!W eJ8 S>jSp6S0lH j.8LJ+ Lpns sel+!1!88J 1-Ue88fps 0+ S>jSp 10J Sp18pU8+S AlfSnpU! 0+ UO!iU8A81d el!J PU8 puel pesB81 8lj+ uo sUO!1-eledo S1.1 0+ uOlpe1-01d 91!J ep!AOld esu9dx8 PU8 )jsp '+sw 810S S1.1 :[8 !l8l..js ::3::38831 NOll~310e!d 3~!.::! - LE 31:::>ll~V' '8p!:[1\7' S!Ll+ Lll!M ^+!W10JUOO U! U8^15 8oqou ,{q SS81pp8lU8181J.!P 8 8+8U6!S8P 0+ 'ew!+ O:f ewq WOlt '+Ll6p elj:[ 8ABlj 118ljs ;\:[1Bd ljOB::3 179966 e)jsB!\7' 'plBM88 617L xog Od nBeJng S,JO:[!S!^ pUB UO!+u9^U08 pUB e018ww08 to leqwBLJ8 p18M88 :SScUpPB 6U!MOIIOt aljl:[B 3::388::31 Ol U8A!5 eq 118ljs ::3::38S::31 0+ All:} W01J s+senb8110 spu8wep 'S80QOU IlV :sselppe 6U!MO!IOJ al.E lB All8 0+ ueA!6 eq 118ljs All8 0+ ::3::3SS::31 W01J slSenbeJ pUB SPUBW8P 'seo!+ou I!V 179966 8)jSBI\7' 'plBMes L9~ xog Od Oi::!\fM::3S ::10 A.iI:J leoeu8V\1 ;\l!8 'OU!I!BW to eW!l 84l +8 weA!D uaeq 8^B4 Ol pewe9p 8q 1184S I!BW ;\q e8!+01\ 'e+BUO!Sep ;\BW ;\:[1ed Jeljl!e S8 seSS8Jppe pue suosJad le4+0 40ns 0+ pue ep!:[1V sp..{+ UI pele+s sesselppe el.H Ol 'P!edeJd eoe+sod 'peJe+S!5el JO peU-!:[1e8 'new;\q lU8S eq 10 UOS18G U! peJ8Allep 9q lIeljS JeljlOue Ol A:[1ed 8UO W01J s+S8nbel 10 spuewep 'seO!lOU Ii'll S3~UON ~ 9E 31:JLU:l'i 'Oi8ley se!:[1ed lJ+oq;\q p8+noexe OU!lPM U! +d8~)Xe WewpuewB ol pefqns +ou S! ::35'1131 S!Lll IN311\iGN3lNV - St: 31::>!1~V '3S\l31 S!LJl JO suolsl/\oJd elJ+ JO OU!UBeW 10 UO!pn1lSUO:) 'UO!WfeJdlelU! 94l U! Pie 10 ;\J!!dW8 ';\J!POW 'U!Bidxe 01 PI84 eq l\eM OU U! 1184S u!e1eljl peU!8lU08 SpJOM elJl pue '!\IUO 9:)ueJ9J8J PU8 eOUe!U9AUOO 10J 8m 3SV:l1 S!Ljl JO Sljd810Bledqns pue sljdeJ6eJ8d 'sep!:[18 etn JO suondeJ SNOUdV;) 0 vt 31;)!1~\f and maintain industry accepted standards of fire protection such that the C:ity of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. I:\Docs\43:;74106\Seward Chamber of Comrncrce Lease FinaLwpd City of Seward - Seward Chamber of Comrne:ice 26 i 3Q ..l v o t ~r LZ a::l;ewUJO:) fO Jaqwe!.J:J pJeJ\~as. pJ;;f;\as].o f..W:::' pdt.\"I;W!.d ;.se:n ;lJ.:;;.u:tuO"J)O J:?qttretj"J pl'2..\\::lS\90ItL'Z(t\SJO(I":; ~t>'::;~"~ ~';JEf,,;:~~~ ......tl/;i h'6> o..a~"'~ ~/.- ~~ #;.i~ i:;!$J:<;:~$' c~_ '!. ~ ....' .., ,;f:: ~," 4; e:;~'1!:3t> ~~"'~:,;; ~b ~ I~ \ ~ a; <!l ~ ~ 1%', ~ ~ & ~-,-;.;C~'.:...~i G@ \ ~ t. ~:.=--~) K, i ? ~('.::). (J"...".. c-~ (,;!-. ~$V ,..... "r~'" ,;~ [4 ~ ( r \ ~~. O~ "":"f/"'?dOd"-e~':;~" ~~~;.".,;, ~~ lees 1\+!:1) ~~ ii::'<~~~~;~~.~~;f7 ~_ . >1J81,8 ~i!8 'O'S!M8l Uiker ;~=C::~'1?~-:)'''Av?7~;-- :lS3.11V -Z Q 1 ;;;l f Q I :efeo ---; ~J '<'1.iN _/ .-J I :81-80 1-""" \. ) ...or>' iJ lJ.\~:;;~, :S+I ~--o~~8 \) J86eU8V\l 1\+!8 :s+! 8>jUer ;1+O:::JS 'M :1\8 ~/ ~. I /'//V1 / // ' / nV::Hms s.~Ol!SI^ aN\i NOIIN3^NO:J CN'9' 3~~3l1\lIl\i0:J ::10 M38!f\!'V'H~ aM'V'i\I\3S mnfM3S :::!O AEJ :33S831 :Ali~ 'q+JOJ. ),88 U18J8L! S8F'P 8lP. SiBBS pUB SPU8lj J!84), +e5 8/\81.{ q8J.8l.j S8nJed ell), ';;!03{;l3HM SS3NliM N! 5T A TE OF ALASKA \ I f '\ Q~ } ,-,'-,..i', THIRD JUDICIAL DISTR.lCT f ( /'\ '" /- ,./" , )~'rD~~' THIS IS TO CERTIFY that on this I j day of '--'........ . . 2002, before me, the undersigned, a Notary Public in and for the State of Alaska, oersonally appeared W. Scott Janke, known to me and to me known to be the City ~1anager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and 'who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS.:-~~X'~~~~'~;~,:~,:tarial seal the day and year first h~inabo,ve written. ,,', >." //./) .' ~ f ~:;? ...' ';;\'~ r ' _ .4', .:c;5 A:: Notary ubli In and for AJ~sl)a / ':;' ..;. >./!:: 1 MyCom' ion Expires: (~?-!,I {)Z----- '~..' ...-.~ .""...... ... ' t .,~'. 'G~.....'':::- .,' ~ \ ' <.. ".' ,'. .~ STATE OF ALASKA THIRD JUDiCIAL DISTRICT i ss. ) THIS IS TO CERTIFY that on this /5'7';+ day of UCTO /5 elL-. 2002, before me, a Notary Public in and for Alaska, personally appeared e Yr5:. A. '^ J , to me known to be the person who executed t e foregoing instrume'nt on behalf of the Seward Chamber of Commerce and Convention and Visitor's Bureau She/He acknowledged to me that she/he executed the same freely and voluntarily on behalf of said corporation. She/he stated to me under oath that she/he is the 1J./!6 t' e~ of the said corporation, has been authorized by the Board of Directors of the said corporation to execute said instrument on its behalf, and has full power and authority to execute the same. IN WITNESS WHEREOF, j hereunto set my hand and seal. Q~ '- ./~ ~ Notary Public in and r Alaska " My Commission Expires: m N-'-1 :r~ ~CJ 3 I !:\Docs\43374106\Seward Chamber of Comr),1erce Lease Fina1.\vpd C1ty of Seward. Seward Chamber of Ccmmerce 28 .~ ~ " 1.'l.i ;:')h T t>1f~ pUB :AlqWgSSV I(an0108 Blnsumgd mUg)]: gIP i\q lmSUO:J Ol pgrqns SI P~llS~Q j's:mpgla p1BLna gIn JO UOIlBgn 'SVIDI'3:HA\ pUB :Bgm pglBJ~FPgJ JllpgId P1BA\8S gl{l UHnL\\ lnq AK) :n-n gplSlnO P8lB:JOI SI PlllSIQ IU8WgAOldUI[ lK)~lp:::lla plBl{Id :::Il{l 'S";1I'3:HA\ pUB :p8fOld 8Tn BUlPUl1J 8lqBIlBAB gl{l SBll pund :::Isud1:::1lU3: lBJUp8l3: 8Tn pUB p:::ISS8SSB:::Iq m.'<\ S4S0J IBnpB 8In AIUO 19A81\\Oq 'S81nlIPUgdxg mgsg.lOJun JO 9SBJ Ul SW8W9A01dUll IBJ!lpgI8 9qll0J LXSL9'817$ Ol dn PU9dX8 Ol UOllBZ~1011lnB BUllS:::Inbg.1 SI pUB 'SlU8W9AOldu.1I gIH lOJ P98U pUB SlSO:J 8~ p8Pod81 SBq UO~lBllSIUlWpB 'SV:n:nIH/~\ pUB :WgWSS8SSB lBUl] ;)T.[1 8UlUll8l8P Ol p8lBlnJIBJ 8q IlL'<\ SlSOJ lBUPB ;;11:.[1 'p8fOld 8qUO UO~18IdWOJ 18UB 'SV:nIlIHM. pUB :lmUlp'Gd:::lQ IBJUp8Id gq1 i;:q p:::lpmWWO:J:::I1 SB PUBUO S{:::IJ1Bd 8 BUOum p8P1AIP 8q PIUOA\ lSOJ S~l pUB UnL9'817$ ^I:::I1BUllXOIddB :::Iq Pluo'<\ PIllS!P lU:::IW8AOldwI IB~J8ds gq:;. 10J SlSO:J p8lBW~lS8 IBl01 8ql 'SV:nIaHA\ pUB :B8m :::1111 01 :::IJ~A18S IBJIlp:::lp 8pIAQ.ld 01 S:::I)BwqS:::IlSOJ p8plAOld pUB lS:::Iub:n gq1 P9N,81A81 SBl1lU8WPBd8Q JPp813: 811l 'SV:nI'3:HA\ pUB :PUlSlP lU8WSS9SSB UB 8lB8J::l pUB S;):J1Al;)S IBJup:::IP PU8lX8 011S8Ub81 B P8A~9:J81 plBA';;;S JO Al~J 8ql <;00(': 18QOPO Ul 'SY31I:!iHM SGNJld DNl1VrndO~ddY am- UrEL9'8v$ G3:aJX3 01, LON l.NflOIi\IY ]\!Y. ~Od M.O~ avm:rU"'"1I Y)iSViV 3Hl. dO 1.SV:ilHHlOS DNIAl j7fI A\S 'Z/I N :ilH.l dO NOIDIOd LVHl 'n NOUJ:ilS 'A\IO~ 'NIO.l M..S dO NOIDIOd Y SV a:ilgI~:::>S:ila S'31IJV Sf.OI dO V~ GamAIaHflSNI1!\cry dO NOlUIOd a :ilRL <IN'" 'NOISIAIGHflS IDIV'1 HV:ilH .LV'1d'31I mIVH'1}[ dO as aNY Y8 8.10'1 'NOISIAIG9J1S V)lSY'1Y M..m:IGOOA\ dO 171 G!\f'ii n S1.0'1 'NOISIAmHflS :I)iY'1 HV3:H dO L. aNY 9 's 81,0'1 DNIlId:!INaa aNYllOd .LJnI.lSI<I IN:!Ili\I:!IAOll':U\II :)nI.LJ:il'1lI a:ilSOdO~d '3:HL HUA\ aa:tDOMd OJ. A~S8:!I:J:!IN aNY .LS:!Ill:il.LNI :::>I'1SJld :!IHI NI as: 01. .Ll DNINH\l"1I31.3G 'V)I8VT'if 'ffiIV M..3:S dO XlD 3:Hl dO'1I:JNflO:J XlI:::> 3:H.l dO 3:JNYNlmIO Ny' H-90GZ '3;)N-v'NlmIO V)ISViy'UaVA\3S dO kLD :::JlUa lUJUllJIlU3 :~ll!lUJH JHqnd 900Z/60/01 :p:nupo.rp::q 8BpUqlO:) :Aq pJ.wsllodS CITY OF SEW A,.1ill, ALASKA ORDINANCE 2006-12 WHEREAS, a public hearing was held on October 23,2006 conceming the establishment of the Elhard Electrical Improvement District as described herein. THE CITY OF SEWARD, ALASK...4.., ORDAlNS that: Section 1. The special improvement district, referred to as the Elhard Electrical Lrnprovement District, will include the area as follows: Lots 5.. 6 and 7 Bear Lake Subdivision, lots 13 and i4 of Woodrow Alaska Subdivision, Lots 8A and 8B of Elhard Replat Bear Lake Subdivision, and an unsubdivided area of 10.35 acres described as the eastern portion of STY rOiN, ROlT1/, Section 12, that portion of the NJ/2, SW ij" lying SOUTheast of the Alaska Railroad ROW Section 2. After full review by the City Council of all the facts and opinions presented, it is hereby determined that the proposed Elhard Electrical Improvement District is in the public interest and necessary and will benefit the property to be assessed. Section 3. The City Manager is hereby authorized to proceed with the design and construction ofthe Elhard Electrical Improvement District. Section 4. The City :tvlanager is hereby authorized and directed to keep account of all of the costs and improvements including acquisition of interests in land for the improvements including design, engineering, administration, overhead, profession services, guaranteed fund, bond or loan costs and interest incurred as a result of the improvements, a.Tld all other costs resulting from the construction of the improvements. Section 5. Funds in the amount of $48,673.87 are hereby appropriating to finance the Elhard Electricallmprovement District from the Electric Enterprise Fund retained eamings account no. 501-0000-3070-0503 to the Electric Assessment District infrastructure account no. 503-5030- 5925. Section 6. This ordinance shall take effect 10 days after passage and posting hereof and upon approval of the Kenai Peninsula Borough Assembly. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this n,d day of October, 2006. THE CITY OF SEWARD, ALASKA '" 4';.'"\ I . i _ '-0 JOV"U8W81B1S BPU85V SlU8W8Ao.TdwpU1J8'T2:\dw::Jl\:J "" 7. "'r .hh " V lY ':" 's8!\OJddB OS[B I\[qW8SSV 8L[1 [I}Un pUB SS8lun 8AI1J8JP 8q 10U llL"^ 8JUBUIpJO S",(ll;] 8L[1 pUB 'pdlS8nb8J U88q SBL[ [BAOJddB L[JnS '!\[qW8SSV L[5no.IOg B[nSUIU8d IBU8)I 8lil WOJJ p8P88U SI [BAOJddB '{II:) 8418pISlno SI B8.m SI41 8snBJ88 'JU1J8!3: P1BA\::JS !\q p818AOJ Bam p81BJIJIlJ8J 8L[1 UI41Ii~\ pUB 'S8uBpunoq S",(l!:J 8L[1 8pISlDO SI lJU1Slp p8S0dO.Id 8L[1 'SlunOWB [Bnb8 UI IU8LU1-.md8Q [BJU1J8[2: ?L[l Aq P?PU?LULUOJ?1 SB S10[ S 5UOLUB p8pL\Ip ?q p[nOM lS0J SIlj1 'LS'U9'Sv$ '\Fl1BLUIX01ddB 8q p[nOM lJU1SIQ lU?W8AOJdWI [BJU1J8!3: P1B4['d 841 JOJ SlS0J p81BlUI1S? 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N 841 JO uoqJOd 1B41 'n UO[jJ9S '1\::\ TO~ NI01 1\::\S JO UOllJOd \l S\l p9qUJS8Q S8.IJ\l S;S'OI JO B9.IV p8pIAlpqnSU[lJo UOlj.IOd rU91SB'd 9L[1 pU\l 'UOlSIAlpqns 9)[B'1 JB8g: 1B[d8~ p1Blj[2 JO 8S pUB \lS S1O'1 'UOlsIAlpqns B)[SB[\l MO.IDOOlY\. JO 171 pU\l ST s1O'1 UOISlAlpqnS 9)[B'1 JB9S: L pUB 9 's; S10'110J 1JU1Slp }U8W8AOJdwI/lU9WSS9SSB UB UllOJ 011s8nb:JJ 1'1 p9Al9J~U All;] 81.[1 S;OOZ 18q01JO U1 :NOU\l;]IdllSnr?!? CL.\ffiO~D)I;]VH 1\::\0~ pBO.I[IBlj B)[SB[\l 941 JO lSB91.11nos aUlA'1 0/1 1\::\S '0/1 N g41 .to UOlj.IOd lBlj1 'n UOljJ9S '1\::\ TOlj NI0.1 A\S JO UOI1-.IOd V S\l p8qUJS8Q S9.IJ\l S;S'O I JO B8J\l P9PII\lpqnsu[l JO UOlj.IOd W81SB'd 841 pU\l 'UOISlA IpqnS 8)[1'1'1 1B88 lB[08lj PJB4!3: JO 8S pUB \lS SlO'1 'UOISIAlpqnS B)[SB[\l MOJpOO1\::\ JO v[ puV ST SlO'1 UOlSlAlpqnS 9)[B'1lB9S: L pUB 9 's; SlO'1 :Ul:l11 BPug5V 0\ Ql1'G\\}\ !\1\J J9EBUBV\[.,(1!:J lUB1SlSSV 'I8Sgi\ U91SJI)I 1 . ~. . :W01:i JgEBUBW Al!:J '8Epuq.I0;] )[1B[;] : ljEnO.I4.1 900Z 'sz .I9q01JO :;)lBQ EUI1::J;)W lNgWtLlVlS VONgOV '1I:)NflO:J Administration is requesting authorization to expend up to $48,673.87 for the electrical improvements and related costs; however only the actual costs win be assessed. The improvement district does add value to each lot that could e"entua!ly be recovered if the lot is sold. CONSISTENCY CHECKLIST: Yes " 1'10 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable FISCAL NOTE: This ordinance authorizes appropriations in the amount of $48,673.87 from the ElectJic Enterplise Fund retained earnings account no 501-0000-3070-0503 to the Electlic Assessment District infrastructure account no. 503-5030-5925. Approved by Finance Department ,)'Ci1-;:t~~;~J ,..:i~['l..-i~::~:~-~~;i-, ., RECOMf\,ffi.NTIA TION: Council approves Ordinance 2006- f,;; determining it to be in the public interest to proceed with the Elhard Electrical Improvement Distrct for Lots 5, 6 and 7 Bear Lake Subdivision Lots 13 And 14 Of Woodrow Alaska Subdivision, Lots 8A and 8B OfElhard Replat Bear Lake Subdivision, And the Eastern Portion of Un subdivided Area Of 10.35 Acres Described As A Portion Of SW T01N ROIW, Section 12, That Portion Of The N Y2, SW 1/4 Lying Southeast of the Alaska Railroad ROW -f!' ~'e:: l~;..) C:\Temp\ELectricImprovements Agenda Statement.doc ...?' 1'"" ~'17 ~ '900z'18qOPO JO !\BP ",6 SI1..H 'B)[SBlV 'p1BM8S JO l\l~J 81U JO puno:) ^l~J 8ln ^q al1AOlIddV aNY al1SSV d 'lB8,-\. 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AJvlLJLt\. provides comprehensive risk management assistance aJld provides workers' compensation, liability and property coverag,;; for the City of Seward. A1\1LJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide. AMLJIA will provide all written program material necessary and offer assistance to participa..l1ts. Pool members t..l-tat participate in the Loss Control incentive Progra..m and complete the required activities wil! have the opportunity to earn a discount of up to Fiv.;; Percent (5%) on our contribution. In 2005, the City participated in the Loss Control Program and. was awarded approximately $9,000 toward enhancing our safety program. In 2006, we would like to continue these efforts to enhance our safety program. It is the City of Seward's polity to provide a safe environment for its elected officials, employees, citizens, and tt'1e visiting public. In order to qualify for this Loss Control hlcentive Program the City must do the folloWLTJ.g: 1. Provide tracking logs to document all safety activities. 2. Pass a resolution aru1ually electing t0' participate in this prograrn. 3. Provide reports and inspections timely aTJ.d on a semiannual basis. 4. Engage and active Safety COIP.nUttee to include agendas, notes, specitlc topics and minutes. 5. Provide model safe!'; plans and training. The City has been actively engaged to complete the above requirement to continue to qualify for this Prograrn. INTENT: To pass a resolution to pmticipate L.'1 the AMLJLA. Loss Control Incentive Program for 2006-2007. CONSISTENCY CHECKLIST: Where applicable, this resolution is conSiS1:e:lt with the Seward City Code, Cha.'1er, Comprehensive Plans, Land Use Plans, Strategic Plan atJ.d City Cou11cil Rules of Procedures. FISCAL NOTE: There is no financial cost for this progranl. "'4.... ! '( .A. , """':ihT '0 t-I' ~.. "umlEOld ;JA!W8;)UI 10.lWo:) ssoi \i1fiV{'i ;Jlp m gred!;)!v'1ld Ol l;;l'3Blll~Ji\l /\l!J ;Jt{l 'BU~Z!lOlpnB pUB SC!-'""G#UO!lnlos;;lt[ S?AOlddB EJUnoJ : NOLL VGN3:WWO:)ai:I ,. !/?~.r.' ?'']';r",;,. -. " '-:'-"'''r' 1 ~ ""' .~ {;' l.~'--'''// '_:;';/Z;>)f -~, :+u~Ul-u~d~Q ~':)UBU~d .Zq lYd/\Oldd"y- Sponsored by:Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEW ARB, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CTA ARCHITECTS ENGINEERS TO CONDUCT A STATE OF ALASKA. MANDATED DESIGN REVIEW FOR THE NEW LONG TERM C-",.RE FACILITY .lliD APPROPRIATE FUNDING FORAN .A..MOUNT NOT TO EXCEED $17,000 WHEREAS, all healthcare facilities constructed in the state of Alaska require a health Facility Construction License as required by Title 7, Chapter 9 of the Alaska Administrative Code (A.A.C); al'1d WHEREAS, the new Long Term Care Facility will be a Greenhouse faciliTY which when constructed will be the first of its kind in the State of Alaska; and WHEREAS, SCC 6.10.120 (8) allm'vs for specialized products and professional services TO be exempt from competitive procurement Pl'ocedures; and WHEREAS, City Administration exercised due diligence by soliciting quotes for the specialized services required for this project:, and WHEREAS, Title 7 and Chapter 9 of the A~t:o.C mandates a Health Facility Construction License include "a letter by a third party engineering fi1111 certifying that the design and construction drawings and specifications for the health facility meet the requirements of 7 AAC 12.437, 7 AAC 12.900 and other applicable state and local tIre safety, electrical, building, plumbing, mechanical, and construction codes"; and WHEREAS, CTA Architects Engineers met all of the pertinent qualifications and did provide the lowest ofthe three quotes solicited to perform the services required to fulfill the State of Alaska required engineering review certification for our Long Term Care Facility design; and WHEREAS, CT A Architects Engineers is familiar with both the Greenhouse model of care and healthcare design in general. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SE\VARD, ALASKA that: Section 1. Funding is approved in an a.mount not to exceed S 17,000 (includes a I O~'O contingency), to be appropriated from account # 670-6700-5390 to CTA Architects Engineers to conduct a State of Alaska mandated design review for the new Long Term Care Facility. " . n 14::; ~.. f'\, '"?""" 1" I J~~ (1139S /~1I:J') )\19D l::jI:J :JJ"D 'S~.,,^9'1 UB9f :lS3:l1,V :NIVlStf'" :lN3:S8:\i :S3:0N : S'3:..A.. 'y~ .IOi\llI/1l 'J:aJllqs lllUllA '\i')ISV'W 'mIVA\]:S 10 XlI:) 'lI--ll '900e '19o.OPO JO /\BP lfl6 Sll[, '13){S13fV 'PlBA\9S JO A,l::l 9l1J- JO IDunO;) A,~:J <H-{+ .-\0. CI3AOHddV aNY <I3:SSV d 'uOl,doP13 S,l uodn "\p,13IP9UlWI PdJJ13 9){B, H13l[S uOlmlos91 sll[l ot: uoHJaS '.;\jll!::l13d :)l'1 M9U 9l[, 10j M9~A91 uB~S9p p9,BpllBUl 13){S13IV JO 9W+S 13 'iiUlpnpUO::l 0, SPlB'ii9.1 Ul OOO'L 1$ P99::lX9 OJ lOU S199U~'iiUg Sp9jll[::lI''i VI:) lfl~i\\ pB1jUO::l S9::l1A19S I13UOISS9j01d 13 OjUl 19lU9 OJ P9zLlol[,n-e s~ 19'ii13U13W i(jLJ 9l[1 "Z Uo!pa8 901-9007: NOIllT10S--'Hi V)ISV'T\" 'mIYA\'lS .10 AID Council Al2:enda Statement <.,; Meeting Date: Octo her 9,2006 To: Gark Corbridge, City Manager From: Tom Shepard, Project Manager Agenda Item: Approve funding unt to exceed $17,000 ta conduct a State of A1aska mandated design review for the new Long Term Care Facility tlAL'Kt.'Ruurw &:: JLJS.n.!:<lCA.I.1UN: The Cit'j of Seward is in the final stages of design for the new Long Term Care (LTC) facility that will be located in North Forest Acres. The new facility will be a Greed10use facility which, when constructed, v"111 be the first of its kind in the state of Alaska. All health care facilities constructed in the state of Alaska require a BealL!} Facility Construction License from the state of Alaska as required by Title 7, Chapter 9 of the Alaska Administrative Code. Part of this licensing requirements is that state of Alaska obtains "a letter by a third party engineering firm certifying that the design p..:nd construction drawings aIld specifications for the health facility meet the requirements of7A!\C 12.437, 7AAC 12.900 and other applicable state and local fire safety, electrical, building, plumbing, mecharical, and construction codes." (7 AAC 09.030). On August 24, 2006 Administration solicited quotes from L1rree engineering finns familiar with both the "Greenhouse" model of care and familiar with healthcare design in general. Administration elected not to conduct a tru<c, competitive bid procedure due to the l.U1ique qualities of the scope of work. These unique qualities include being familiar with t..~e Greenhouse model of health care that our new LTC faciliTY \-'fill be; being fa.miliar \vit.h healthcare design standards, etc... This thought process is in Ene with sce 6.10.120 (8) as it pertains to professional services. CTA .Architects Engineers met all.ofthe peninent qualifications and did provide the lowest quote of t.~e t..1rree to fulfill the state of Alaska required engineering review certification for our LTC facilitj design. Staff is requesting Council to approve :funding not to exceed $17,000, (includes a 10<;"0 contingency), to be appropriated to CT A Architects Engineers to conduct a State of Alaska ma.ndated design ~ ." .l': r th' ., L' TC ;:;" 'l;~' ievlvW 10. .e new . _ " ,""Cl "l). CONSISTENCY CHECKLIST: 'N'here applicable, this resolution is consistent with the Seward City Code, Ch3.lter, Comprehensive Plans, La.lld Use Plans, Strategic Plan and City Council Rules of Procedures. 1 ~ 1 ....lo..V.4.... ':1' f' T :__.: d ~l ',\lm:JBd ::n1 A\gU 'lljJ 10J M;;J~A;;Jl uIl~s;;Jp p;;JlepUBln B){SBr'\i JO d1-BiS B IlL'1pnpUO:J Oi spmIlgl U~ 000' L l $ gW"!ldOldds OJ. pUB Slgg~i3Ua SPg1-~:J.IV V 1;) l.1.l-~M pBliUO" Sg"IA12S IBUO~SSgJOld B ow~ 19lUg Ol .lgIlBlIBW i2nJ gq:r i3u~z!loq:rn~._,,-900Z uOFnIOSg-a gAOldd-e lpunoJ ''''/vi :N:OUVUN'lWWO::JID! " ,,?/';'~'7./,Y/,'.Yf"c?i/:X" :Wdillj...TBdga 2"UBUH Aq pgAOIddV j! V.:>-YC'C/j.--;/~L";.A~,~::;,'-.7 CITY OF SEWARD 1'. O. Box 167 -1.10 Adams Slreet Scwaru, /llaska 99664 City Manager's Office 907.22.'1.iOD 907.nU038 h~ CilVITH!l-((focitvofsc\\hdnl.llet i'2r PROFESSION.A.-L DESIGN SERVICES CONTRACT PEER. REVIEW - LONG TERM CARE FACILITY -. ~~ CITY OF SEWARD SEWi\.RD, ALASKA THIS original CONTRACT made on the 10tIJ of October, 2006 between the CITY OF SEWARD, ALASKA (the "City"), acting by a-nd through t"-e City Manager or other City authorized representative (its "Contracting Officer") and CT A Inc., its successors a'ld assigns (the "Contractor") as follows: The Contractor, for ,md in consideration of the payment or payments herein specified and agreed to by the parties, hereby covenants and agrees to fumish all equipment, material, and labor required to complete the WORK according to the September 18,2006 CTA propos?l, (Attachment A), and the September 18, 2006 email from James G. Shepard, AlA Principle Healthcare Group-CT A Inc., (Attachment B). The Contractor fi.Lrther agrees to be bound by all representations of the Contractor in the Contract and take all necessary steps to remain in compliance witl) 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 idbor which may be required in the prosecution and completion of the whole work to be done under this Contract no later than November 30, 2006, and in all respects to complete the Contract to the satisfaction of the Contracting Officer. The Contract payment shall not exceed $15,137 DOLLARS for all items. Payment will be made in one lump sum at the completion of the tasks and upon receipt and appzoval of an invoice for work accomplished in accordance with Attachments A aIld B The Contractor shaH procure and maintain during the Hfe of this contract, Worker's Compensation insurance, including Emp!oyer's Liability Coverage, in accordance "ith applicable Jaw. The Contr'a.etor shall procure al1d maintain. during the Efe of this contract~ Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $2~OOO)OOO per occurrence and/or aggregate cOlT!bined single 1imit~ Personal Injury, Bodily Injury and Property Damage. Coverage shall include the follo"iing exte.nsions: (A) Contractual Liability; (B) Products and Completed Operations; (C) hldependent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent. The Contractor shall procure and maintain during the life of t/1is contract, Professional Liability _ Errors and Omissions I!lSUranCe on an "Occurrence Basis" witt. limits ofliabl];ty not less than $1,000,000 per occurrence. The following shall be Additional Insureds: The Cily of Seward, including all elected and appointed officials. ail employees ar.d volunteers, all board;, commissions and/or authorities and their board members, employees, and volunteers. This coverage shall be primary to the Additional Insuteds, and not contributing with any other insurance or similar protection available to the Additiona] Insureds, whether other available coverage be primary, contributing or excess. Worker's Compensation Insurance, Cummercial General Liability l.'1surance and Professional Liability Insurance, as described above, shan include an endorsement stating the following: "Thirty (30) days Advanced Written Notice of Cancellation, or Non-renewal, or Amendment shall be sent to: City of Seward, Engineering Department, P. O. Box 167, Seward, AK 99664. Attached as Exl\ibit C are Certificates of Insurance and/or policies, acceptable to the City of Seward, as listed below: a. One (1) copy of Certificate of Insurance for \Vorker's Compensation Insurance; b. 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""g=AOO OAOQ1! .l.jl JO Am, Jl 'p;l1{S]1llTlJ ;lq IT"lls S;l!~TIod lie JO s;l!do) pay!).!aJ 'l">lS.O!>gl os JI 'p :>::>lIElnSlI\ SUOISS!lliO pIrOl SlOlla-AlmqB!'I IUUO!SS;lJOld 10J ;lOlre.Insur JO a~g~J JO .(cloo (t) ~UO - September 18, 2006 City of Seward Attn: Tom Shepard P.O. Box 167 410 Adams Street Seward, AK 99624 RE: Peer Review - Long Term Care Facility Mr. Shepard: This letter is in response to your request letler of 8/24/2006 to provide a peer review of the 40 bed (cottages) long term care facility. We understand this includes review of 4 residential-style homes (7,200sf each) and a Commons Building of 16,500 sf. As I indicated to you in our telephone conversation, CTA has designed and constructed two separate plans of the green house design. These two houses have been occupied for over 1 year and house 12 residents in each for dementia-assisted living. We just completed design of 5 skilled care cottages that are currently under construction and have just undergone review by City of Billings and State of Montana Department of Health review as well as CMS oversight from the Denver office. I also talked with Shelby Larsen with the S1ate of .Alaska to better understand their concerns and expectations. This proposal is based on the information contained in your letter and we do understand your time schedule. For the lump sum fee shown below, CT A \i,,-ould provide the services/deiiverabies listed above for the Schematic Design phase. · Basic services/labor · Expenses Total proposed fee $ 14,857 $ $ 280 15,137 Our proposal presumes that you will send the drawings to us as detailed in your leiter and that CTA is not expected to attend anyon-site meetings. We do not have any travel costs included in our proposal. Our proposal does not presume any time spent in review meetings with you or the design team. I have included our hourly rate schedule and ...,ife would use these hourly rates for attendance in meetings or teleconferences should you desire us to do so. '.' .~ '.:jrd S~rC:H [591(1) c ~O_ Box ]439. SHnng-sl fvlonran.:! 59103 . 406.248.7455 " F2,x: 406. 248- 3779 ',r';w\v.Gagroup.(om . jn1?&(.f~TOl!P.CO!11 Q~l "--' """" .~,.. :)op' JlltesodoJd\JJ08 lU8!1:)\~ 33 d\OCi'if f..'3 S\S80n: 1"'~ 'SJll18u6lS lnOA 10~ 18)18! SiLll UI p81SIj SW81\ 9Ll1 S!!818P l8Ll) jU8UJ88158 JO Jenel e pues iHW,1 '18S0dOJd SI\.1+ jd8::J::J8 nO;1 ~I n i I dn018 818::JLll!88H /8dJU!1d V' 'P18d97Af)S ," 13wer . "\ ~ ., =. \ \ J..:)31.IH~'if 'if J..:)l \ . 'AI~8::JU;~ ~/ Z 96ed 90GG '8~ J9qwe~d8S pJed8LjS WOl CTA...inc. HOURLY BIli.ING RATES 'W0,~ &tv 1hdk' 1. Many projects are negotiated as a percent or construction cost or lump sum ree. 2. Hourly rata projects are often billed at a multiple of D.P.E(i.e., 2.7 or 3.QX DPE depending on the risk) 3. Another option for billin9 is tl;,e houriy rates list~ berrc,w: ARCHITECTURAl" CADDiDrafling T echniclan.. ... .............. ........ .... ......... .:..... ........... .... ............. ....... ..................... ........ $37 .OOiHr Senior CADD T echni~an ....... .....................................:..,........................................ .......... ........ ..$49-53.00/Hr Senior CADD T echniclan 1I.................. ................................ ................... .......... ................... ........$54-62.00!Hr Architectural Production.. ......... .................... ......... ............. ............ ...... ..... ....................................... $49.00iHr Architectural..... ....... ..................................... ........ ................................... ................. ......................... $56.00frlr Architec! - Senior ......,.............. ..... ....... ............. .~...... ...................... .................. ................... ....... $6S-$9.00/Hr Project Manager ........... ............ ....... ......................................... ........ .......................................... $63-95.00IHr Senior Project Manljger .................... ..... ....................................... ...................... .:................ ....$84-116.00lHr Principal - Senior Architect ................................................................................................. ....$125-135.00IHr Landscape Archttect GradlJate . .............. ................ ........................... ........ ................... ....... .......$72-77.00/Hr Landscape Architect - AssislantProject Manager ......................................................................$77-82.00IHr Landscape Architect - Project Manager................................... .......... ..... .............: .......... ....... .....$82-87 .OOiHr Interior Designer- Senior Project Manager ................................................................................$68-82.00!Hr Interior Designer.... ............. ................... ........... ........... ........................ .................. ..................... $36-50. OO!Hr Architectural Designer ................... ........ ..... .......... ......... ........ .................... ............ ........ ...... .......... $ i ie.aO/Hr ENGiNEERING CADDiDrafting Technician.. .~........... .......... ....... .................... ... .......... ........... ............ .36-47.00IHr Engineering TechnicianlDesigner. c' ...... .......... ........ ........ .......... ........................................ ......... ..$52-57.00/Hr Senior DesIgn Engineer............................. ............. ........ ........... ......... ....... ......... .......... .......... .... $59-70. OO/Hr Engineer-Sel'lior CiviL......... ....... ..:......... ............ ..... ...... ........................................... .$81-9Z.QOiHr Engineer-Senior Civil Project Manag..r................ ......... ..................... ...... ........................ .$'1 27.001Hr Engineer - Structural.... ......... ............. ............... ....................... .............. ......... ............................ $73-90. OOlHr Engineer - Senior Structural .....................................................................................................$96-115.00/Hr Engineer - Electrical............... ....... .............. .......... ..............:.... ..... ........... .......... ........................ .$75-91 .DO/Hr Engineer - Senior Electrical .........................:...........................................................................$100-116.00iHr Engineer - Mechanical.... ............... ................ ........ ............... ........................... .................... .......$71-85.00fHr Engineer - Senior Mechanical................................:.......................................................... .........$95-111.00Hr Principai - Senior Engir.eer .................................................................................................. .......... $135.o-0rHr SllPl"ORT Word Processing ........ ............. .................. ..... ................. .........,......................................... ........$36-46.00/Hr Computer .& information Services........ ..... ........ ...... ........ ....... .... ................ .................. ............$57-11 O.OO/Hr Graphics Designer............. ............... ................. ....... ...... ........ ...... ........................ .$47-84.00Ff-lr CDnsultants . ..... ........ -..... .h............. -~.._....o..... ....... .......... .............. n...........h...... ...... ............ Cost. + 10 percent Reimbursagie Expenses....................................................................................................... Cost + 5 ~rcent in some lnstanQ9s the above hourly rates Voin be increased to tei'!ecl signmcant increases in project risks or diffi"t,]tj. r;1.. above slated bimng rntes include base sa!aly piusallowailce for bGrtli.1its, t;ye~ad~. professional liability insurance and profit. 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"HOd SaNM DN:!l YnI.IO"HddV mJ-'l. 68j7'91O'Z$ U'3.3:;)Xa 01. 1.0N l.N:D.01-\rV NY 1I0d .1N:3:J\I3AOlIdT\\1 saNY'1dIH aNY NOI.1V'1'TVI.SNI .1YO'1d 1I091IVH Hl.D.OS 1I0IDIVH I.VOil 'T1VWS ffiIVA\'3.S '3.HI. 1I0d l.:JWlN:OJ V Ol.N:I 1I'3.l.N:'d Ol 'tl3DVNVl\\ AlD '3.Hl. DNlzrnOHlflV ',,')ISViV 'ffif\'i\\3S.':!:O AlD 3H.1 dO '1DNJ10J ALD 3:HL dO N:OUfliOSa-u y LOI-900Z N:OUfl'10SIDI V)lSV'1V~ '(l1[VA\3:S iIO A.1D 83pUqlOJ :Kq P<l.iOsuodS Section 2. The amount of$2,016,489 is hereby appropriated for this purpose from South Harbor Revenue Bonds Account to South Harbor Capital Project account no. 274-2744-5925. Section 3. This resolution shall take effect iIIJ.mediately. PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 9th day of October, 2006. THE CITY OF SE\VARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTA.Thf : ATTEST: Jean Lewis, CMC City Clerk (City Seal) .p;q J...\..Jv '~n ." "u. 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SP!q mOd 'SW:;JW:;JAO.ldilll spu"'Bldn pUB UO!lUHB1SU! lBOg lOq.req lll.noS:;Jl(l]o UOIPfillSUO::l :;J-qllO] sPlq P8l.PHOS ,UIJ:;J-ql 'CHNl,,) p:;Jl13l0dio:Jul s:;J_t\BH UBUL\N )PA.Ill.\W"\ j'jU~lO N\ :NOUY:JIdUSflf W (!N[lUH~:})C)VH 6817'910'Z$ P:;Jg::lxg 01 :fON J.Ullour'i U"'B 10J P:;J~old ~U:;Jill8AOldUII Spu"'Bldfl pUB UOl1BH131SUI 1BOB lOq.reH l!lUOS :;J1.["1 10J 'JUl 'I:;JABIO 21? pUBS SP.i."'BH llH'-\:\ lJBl1UOJ uOlpnnsUOJ B :;JzpO;'1UV 01 UO!lUIOS8?! :ur:;J11 13PU8;5"v- ~../ ,---)V;;:81SBUUOq.reH 'WOSU"'B?i 'V UO:JS I' 18j'j-eU13W .,u~J '8Bp~qlOJ >I.reD :UIOId :ll~no.rql 900Z '61:;JqoPO ::;J:P:lQ :aU!1-~81\: IN'dW'tLLVlS vat-.raov lI:)NO.OJ TRYCK NYMAN HAYES, INC. 911 West Eighth Avenue Anchorage, Alaska 99501 907.279.0543 . 800.770.0543 Fax: 907.276.76?9 ErnE;!: tedt@tnh~inc.com September 27, 2006 Scott Ransom, Harbormaster City of Seward PO Box 167 Seward, AK 99664 RE: Se\vard Small Boat Harbor-South Harbor Float Instaliation and Upland lmprovements, Recommendation for Award Dear Mr. Ransom, Vie have completed our review of the bid documents submitted by the four bidders on the subject project. Our comments are summarized below. Harris S<L'1d and Gravel, Inc. (HSG) is the lew bidder with a bid of 52,016,489. All required documents were received with the bid, and 'Chese materials appear acceptable. TNH has worked with HSG on several similar projects in the \'a!dez small boat harbor and their perfol111ance on these jobs \vas entirely saTisfactory. They have also completed work in Homer (2002) and Stcve Dean (harbormaster) reported that "HSG did a great job on a complex project. The work was performed on time, with minimal changes, and within budget." The work plan submittcd with HSG's bid indicates a general procedure and schedule for each work item for the project, indicating consideration has been made as to their approach to this project. In our opinion HSG is we!!-qualified to accomplish the work recj'lired by this contract. The second lowest bidder was Swalling Construction Co., Inc. with a bid of 52,239,000 which is $222,511 more than the lowest bid. Swalling is a well-qualified marine contractor. Recent Alaska harbor projects include Whittier (private) boat harbor, Dillingham All Tide Dock, and ICRC Multi-Use Floating Dock Facility. Their work plan details the work and equipment to be used; however, gravel road, oil tank and building, and gangvvay installation is not mentioned. We believe that both bids are reasonable relative to the dollar value for each bid item and either firm is fully capable of providing the City vvith an acceptable end product. If you have any questions, I can be reached at 907-343-0264. Sincerely, Kimberly Nielsen, PE Project Manager cc: TNH fiie 03096.000.017 engjneering ~ ;:'urv'ey!ng Landscape l\rchitecture ., f'" .l$JJ... ?'OT \....;~- >:- -ZJO 1 ;j3Bd- 900(; 18QOPO l::JB.l!.UO'J UO!~~t1.4suo::) p.IBMaS],o M.l'J -101<lB1WO;) "Ill "np ;;lUIO<l;;lq AUUI l..pyq-"^ 10 ;;lnp f.;;luoUI AUB wo_l] pnp"p Ollll'BP ;;lL[+ ;;lABq IPo;qs '\:;D ;;lq:; ';;lWP P!BS;;llOJB ;;lq:; ;;llOpq :5[10'\\ ;}ljJ JO "~U--eUllOJl"d ptm 'BU!OP "1I1 pm, S(13p"WUI JO Al;:lA!PP pUB 'Bufqsfillrg: ;:lq:; 81;}{dwo~ 01 'A1D 8l{lJO lU8SUO~ m:p.p:."^ 8111 T.J:W"" 1d;:l~X8 'UOSB81 l\utJ 10J 'lOp13llUO;) ;:ll[l. JO lllJd 8111 UO 8.Ifl{!BJ gIn JO gStD U! relll p;;lgl'Bn ptm pOOlS18pun ,<!SS81dX8 S! n _ LOOZ '~l Alnf !<q SlU;:lW;;lAOldUJ! PUBldn 'LOOZ 'I t: lP1BW f.q ){lOA\ l;;llBM.-U! IlB :;:l10pQ 10 uo 'i::ID 8l{1 JO UO~pBJS~WS 8q+ 01 'p;;lds81 ,U8A;;l U! 'pdUllOJ1;;ld putl 8UOP 80. lIBt{S loqBI ptm :>IlOA:\. lI-e pm; p;;ll;;lA!PP pUB p;;lqS!UII1J 80. 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'10PU1WOJ ;;llIl p8lre~ U!81:.ll{ 'B)]:SBIV JO ;}l13lS 8ql JO S''\.'\.UI 8t[1-1;;lputl pglB10dlWUI 98966 )IV 'Z8PP' A 9 xos: Od -oul 'pAB1D putJ pUBS sp:..'BH pUB 'l;;l'B13tmW ,(:;D Sl~ q'BnOJT..Il putJ !<q 'BU!l::lB '!\:;!J ;;l1l1 p;;lnB~ U~81;;lq '1D{SBIV 'pm/'''-8S JO A:lD 8ql U8;;lMl8Q 'CP13l-1-UOJ.,) J.JV~llNOJ S!i[U ,I;lqmnN p;lfOJ:,I l;)~.!lUOJ U(}P'gHt'llSllll~OI.!I .lOq.mH tnnOs J.JV1lJ.NO;) NOU:JfnII,SNOJ V2ISV'1Y '(lliv MaS lIO A..lD The bonds given by the Contractor in the SUlTl of $2,016,489 Payment Bond, and $2,016,489 Performance Bond, to secure the proper complifulce with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction \-vill be done lmder the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency oftlle Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Scott Ransom, Harbormaster, or any other person designated by the City Manager. The Contractor is 8...11 independent contractor and not fu1 employee or agent of the City. Contract Documents shaH have the meaning ascribed by the General Conditions of the Constmction Contract, 8...11d include but are not limited to this Contract, the General Conditions of the Constmction Contract, the Supplementary Conditions, and the following listed documents: (1) Seward Council Resolution No. 2006- _; (2) Bid Schedule; (3) Special Provisions; (4) Tecr.nical Specifications; (5) Contract Drawings; and (6) any Addendums to the Contract DOClLments issued during the bidding period. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR P..A.R..'U.S SA.ND & GRAVEL, ll'-JC. Bill Harris, President Date CITY OF SEWARD ATTEST: Clark Corbridge, City Manager Jean Lewis, CMC, City Clerk Date City of Seward Construction Contract October 2006 -Page 2 of2- ,~ .,- ,~ 1 />-; .< ..l.. V "j ~r '" 'IBUI} s+lnseJ elH empep pUB UO!pSj8 f:1-!8 JBln5eJ 900e:: 's Jeqopo elH /iJ-l+Je8 j!8unOJ eLJl :NOLl.. VON3V\JI/IJOJ38 'OU!+8ew JBln6eJ 82: Jeqopo 8LH 1-B sseu!snq J-o W81-! 1-SJ!J- 8L1+ SB pep39S pUB UJOMS 9q II!M SJ9qW8W li8uno:J p9p918 filM8U 8Lil 'UOQ88!J-!+J88 JnoA JO!- p8LpBW2 em SJe+o/\ peuollsenb pUB 98j.Uesq8 /q 1-5B:J 58+0/\ 5u!pnpu! UO!p919 8Lj+ J-o 51-lnS9J IBUlj. eLj+ 5uqBJ,s +JodeJ V 'w'e 00: ~ ~ 1-8 900e:: 'g Jeqopo 'fiBpSlnLj1- uo pspnpuo:J SBM UOipS!9 8Lj1- J-O SS8i\UBJ 8Ljl. '900e:: 's J9qOpO '/\Bpssnl UO UOIpSI9 j1::mUU8 S1-! pepnpuoo fi1-IJ 9Lil. :NOI1-VJI::II1-Snr'li ONnOl::J8>lJV8 LlO!PSI3 A1-!J JBlno9l::J 9002: 's JsqopO elH J-o UOqBO!J-!+JSJ !BLI!::I ~-~---........." //'""-1 ! }>jJ9IJ A:PJ 'SIMSl u-eer :WS1-1 BpU90'v' :WOJ-i 9002: '6 J8qOpO :8:("80 OU!1-99V\j luaW8lBlS BPUa5v FINAL CERTIFICATE OF RESULTS FOR THE REGULAR MUNICIPAL ELECTION HELD OCTOBER 3, 2006 The City Canvass Board has completed their review of all absentee and questioned ballots of the Regular Municipal Election held October 3, 2006. Their totals are: {Note: Total Counted plus Total Rejected =Total Voted} Report of Absentee and Ouestioned Ballots Absentee ballots voted (Includes permanent, in-person and by-mail) Questioned ballots voted Special Needs ballots voted 77 5 5 Total Voted 87 Reiected Not registered, registered too late or registered out of City Form not completed properly Signed/witnessed after election day 2 Total Rejected 2 Counted Absentee Questioned Special Needs 62 3 5 Total Counted 85 The Election Day results, after canvassing are as follows: Three Two-year Council Seats Iris Darling 116 21 137 Mike Calhoon 107 15 122 Dorene Lorenz 78 22 100 John French 101 12 113 Betsy Kellar 138 15 153 Linda Amberg 166 19 185 Jean Bardarson 206 42 248 Willard Dunham 156 35 191 Scott Egger 55 10 65 Tim McDonald 67 19 86 Matt Hall 129 28 157 Write Ins 10 2 12 Election Dav Votes After Canvass Votes Total Votes lo5 0)'1\ /' (: ~ v // , j/ 4. /7,Y;7(T vvv V'. j ---;r ./ t' J .// _1. /...) , [/. ( r r /,J ,'Yi:J.)'j>. 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