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HomeMy WebLinkAbout04132009 City Council Special Meeting PacketSeward City Council Agenda Packet Special City Council Meeting April 13, 2009 City Council Chambers Beginning at 9:00 p. m. The City of Seward, Alaska Special City Council Meeting April 13, 2009 9:00 p.m. Council Chambers Clark Corbridge 1. Call to order Mayor 2. Pledge of allegiance Term Expires 2009 3. Roll call Willard Dunham 4. Citizens' comments on any subject except those items Council Member scheduled for public hearing. [Those who have signed in will Term Expires 2010 be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda Robert Valdatta item.] Council Member Term Expires 2009 5. Approval Of Agenda And Consent Agenda Tom Smith 6. Public Hearings Council Member Term Expires 2009 A. Resolutions Requiring A Public Hearing Betsy Kellar Council Member 1. Resolution 2009 -021, Authorizing The City Manager To Proceed Term Expires 2009 With The Acquisition Of Lots AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, And Tracts 1, 2, 3, And 4 Of Forest Acres Subdivision Jean Bardarson In Seward, Alaska For $429,000.00, And Appropriating Funds, For Council Member The North Forest Acres Levee/Road Project 6 Term Expires 2010 2. Resolution 2009 -022, Authorizing The City Manager To Execute Marianna Keil And Record Restrictive Covenants On Lots DB, DC, DE, DF, DG, SS, Council Member RR, QQ, And Tract 4 Forest Acres Subdivision, Seward Recording Term Expires 2010 District, Third Judicial District, State Of Alaska, For The North Forest Acres Levee /Road Project 33 Phillip Oates City Manager 7. New Business Jean Lewis A. Resolutions City Clerk *1. Resolution 2009 - 029, Supporting The Seward Police Department' s Cheryl Brooking "Recovery Act: Assistance To Rural Law Enforcement To Combat City Attorney Crime And Drugs: Category I: Combating Rural Crime" Application In The Amount Of $300,000 46 City of Seward, Alaska Council Agenda April 13, 2009 *2. Resolution 2009-030, Supporting Seward Police Department "Recovery Act: Office Of Justice Programs: Office Of Juvenile Justice And Delinquency Prevention FY09 National Youth Mentoring Programs: Application In The Amount Of $20,000 ...................48 *3. Resolution 2009-031, Supporting The Seward Police Department's "Recovery Act: Assistance To Rural Law Enforcement To Combat Crime And Drugs: Category I: Combating Rural Crime" Application In The Amount Of $75,000 For Traffic Radar Enforcement Equipment And Digital Dash Cameras ................................................51 *4. Resolution 2009-032, Supporting The Seward Police Department's "Recovery Act: Assistance To Rural Law Enforcement To Combat Crime And Drugs: Category IV: Facilitating Rural Justice Information Sharing" Application ln'1'he Amount Of $170,000 For The Purchase Of A Digital Storage Unit, Progranmiing, Networking, And Mobile Data Terminals ............................................................54 8. Council Comments 9. Citizens' Comments 10. Council And Administration Response To Citizens' Comments 11. Adjournment Cily of Seward, Alaska Council Agenda April 13, 2009 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Council Meeting on April 13, 2009 at 9:00 p.m. for the purpose of: Resolution 2009-021, Authorizing The City Manager To Proceed With The Acquisition Of Lots AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, And "Cracts 1, 2, 3, And 4 Of Forest Acres Subdivision In Seward, Alaska For $429,000.00, And Appropriating Funds, For The North Forest Acres Levee/Road Project. Resolution 2009-022, Authorizing "fhe City Manager To Execute And Record Restrictive Covenants On hots DB, DC, DE, DF, DG, SS, RR, QQ, And Tract 4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, State Of Alaska, For The North Forest Acres Levee/Road Project. Resolution 2009-029, Supporting The Seward Police Depamnent's "Recovery Act: Assistance 'fo Rural Law Enforcement To Combat Crime And Drugs Category L• Combating Rural Crime" Application In The Amount Of $300,000. Resolution 2009-030, Supporting Seward Police Department "Recovery Act: Office Of Justice Programs: Office Of Juvenile Justice And Delinquency Prevention FY09 National Youth Mentoring Programs: Application [n The Amount Of $20,000. Resolution 2009-031, Supporting The Seward Police Department's "Recovery Act: Assistance To Rural Law Enforcement To Combat Crime And Drugs: Category I: Combating Rural Crime" Application In The Amount Of $75,000 For Traffic Radar Enforcement Equipment And Digital Dash Cameras. Kesolution 2009-032, Supporting The Seward Police Department's "Recovery Act: Assistance To Rural Law Enforcement To Combat Crime And Drugs: Category IV: Facilitating Rural Justice Information Sharing" Application In The Amount Of $170,000 For The Purchase Of A Digital Storage Unit, Programming, Networking, And Mobile Data. "ferminals. Signed this 10`" day of April, 2009. ~/ _ ~ •6 C.f t~~.l~~ J ~ ~~t~Gr~G~ ~~~^ l'~I,,i.L~G~t~ ~zt:~ City Manager 0 v Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall he transacted other than stated above.) SEWARD CITY COUNC~~ NOTICE OF SPECIAL MEETING April 13, 2009 NOTICE IS HEREBY GIVEN that the Seward City Council will conduct a special meeting on the following item of business on April 13, 2009. Resolution 2009-021, Authorizing The City Manager To Proceed With The Acquisition Of Lots AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, And Tracts 1, 2, 3, And 4 Of Forest Acres Subdivision In Seward, Alaska For $429,000.00, And Appropriating Funds, Por The North Forest Acres Levee/Road Project (public hear•in~ Resolution 2009-022, Authorizing The City Manager To Execute And Record Restrictive Covenants On Lots DB, DC, DE, DF, DG, SS, RR, QQ, And Tract 4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, Slate Of Alaska, For The North Forest Acres LeveelRoad Project. (public heariny~ Resolution 2009-029, Supporting The Seward Police Department's "Kecovery Act: Assistance "fo Rural Law Enforcement To Combat Crime And Drugs: Category I: Combating Rural Crime" Application [n The Amount Of $300,000. Resolution 2009-030, Supporting Seward Police Department "Recovery Act: Office Of Justice Programs: Office Of Juvenile Justice And Delinquency Prevention FY09 National Youth Mentoring Programs: Application In The Amount Of $20,000. Resolution 2009-031. Supporting "I he Seward Police Department's "Recovery Act: Assistance To Rural Law Enforcement To Combat Crime And Drugs: Category I: Combating Rural Crime" Application In The Amount Of $75,000 For Traffic Radar Enforcement Equipment And Digital Dash Cameras. Resolution 2009-032, Supporting '[ he Seward Police Department's "Recovery Act: Assistance To Rural Law Enforcement To Combat Crime And Drugs: Category IV: Facilitating Rural Justice Information Sharing" Application In The Amount Of $170,000 For "fhc Purchase Of A Digital Storage Unit, Programming, Networking, And Mobile Data Terrninals. Essential terms and conditions of pw•chase agreements and all pertinent copies of public hearing documents are available for review at the city clerk's office. The public hearing will commence at 9:00 p.m. or as soon thereafter as business permits and the regular meeting has commenced, in the City Council Chambers, City Hall, 410 Adams Street, Seward. Al] interested persons are invited to attend the meeting and participate in the discussion; or written comments maybe sent to the City ofSeward, c/o City Clerk, P.O. Box 167, Seward, AK 99664, or e-mailed to clerkncilyofseward.net. Posted: Friday, April 10~ 2009 City Hall Harbormaster's Office Post Office -1 NOTICE OF PUBLIC HEARING SEWARD CITY COUNCIL NOTICE OF PUBLIC HEARING Apri113, 2009 NOTICE IS HEREBY GIVEN that the Seward City Council will conduct a public hearing on the following items of business a special meeting of April 13, 2009. Resolution 2009-021, Authorizing The City Manager To Proceed With The Acquisition Of Lots AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, And Tracts 1, 2, 3, And 4 Of Forest Acres Subdivision In Seward, Alaska For $429,000.00, And Appropriating Funds, For The North Forest Acres Levee/Road Project. Resolution 2009-022, Authorizing The City Manager To Execute And Record Restrictive Covenants On Lots DB, DC, DE, DF, DG, SS, RR, QQ, And Tract 4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, State Of Alaska, For The North Forest Acres Levee/Road Project. Essential terms and conditions of leases and all other pertinent copies of public hearing documents are available for review at the city clerk office. The public hearing will commence at 9:00 p.m., or as soon thereafter as business permits and the regular council meeting has commenced, in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Seward, c/o City Clerk, P.O. Box 167, Seward, AK 99664, or e-mailed to clerk(cz!citvofseward.net. PUBLISHED: Will be published in Anchorage Daily News on Friday, Apri13, 2009 and the Seward Phoenix Log on Thursday April 9, 2009. (P.O. # 101750) POSTED: Friday, April 03, 2009 City Hall bulletin board U.S. Post Office Harbormaster's Building 7 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE ACQUISITION OF LOTS AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, AND TRACTS 1, 2, 3, AND 4 OF FOREST ACRES SUBDIVISION IN SEWARD, ALASKA FOR $429,000.00, AND APPROPRIATING FUNDS FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, and began the process of acquiring permits for Phase II, known as the North Forest Acres Levee/Road Project (the "Project"); and proposed acquisition is a crucial component necessary to move forward with the construction of the Project; and WHEREAS, the City of Seward spent many years developing the design and location for a levee/road to benefit the people of Seward; and WHEREAS, in 2008 the Seward City Council accepted the alignment of the Project as described in the Finding of No Significant Impact and authorized the administration to pursue environmental permitting and to negotiate with property owners to acquire easements, rights-of--way and/or ownership of parcels of land affected by the Project; and WHEREAS, the U S Army Corps of Engineers issued a permit in 2009 to the City of Seward to construct the Project in accordance with the conditions of the permit; and W li EREAS, at the direction of the City, appraisals were made of the fair market value of the parcels of land, all of which are undeveloped parcels of land, and each appraisal received an appraisal review; and WHEREAS, the owner of the land described in this resolution ("Property") desires to sell the Property, as evidenced by listing the Property with a broker; and W IIEREAS, to allow the construction to occur within the timeframe requested by the Corps of Engineers, the City finds that it is in the public interest to pay more than fair market value for the Property in consideration of the timeliness of a closing of the sale and for other terms as set forth in the agreement presented at this meeting; and WHEREAS, Seward City Code Section 7.05.120 permits the acquisition of real property by negotiation; and WHEREAS, the essential terms and conditions contained in the form of purchase and sale agreement (the "Purchase and Sale Agreement") have been available for public inspection for 10 SEWARD, ALASKA RESOLUTION 2009-021 days in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY OF OF SEWARD, ALASKA that: Section 1. The City Council finds it is in the best interest of the City of Seward to purchase Property by negotiation for the North Forest Acres Levee/Road Project subject to conditional terms contained in the agreement presented at this meeting. Section 2. The City Manager is hereby authorized to proceed with the acquisition of land commonly described as lots AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, and tracts 1, 2, 3, and 4 of Forest Acres Subdivision in Seward, Alaska (the "Property"), and to execute the purchase and sale agreement for a purchase price of $429,000.00 in substantially the form as presented at this meeting, and any other necessary legal documents to acquire fee simple title to the Property and to take all such action necessary under the agreement to complete the purchase. Section 3. City Council finds that the subdivision requirements of Seward City Code Title 16 do not apply to the City's purchase of the Property because, among other things, the Property will be owned by the City, is being purchased for the Project, and subdivision development requirements are not necessary or desirable for the Project. Section 4. Funds in the amount of $429,000.00 are hereby appropriated from the North Forest Acres Levee/Road Project account no.666-6664-4680-0200 to the land account no. 666-6664- 5910 to be paid at closing in accordance with the agreement presented at this meeting. Section 5. This resolution shall take effect (30) days following passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13'x' day of April 2009. THE CITY OF SEWARD, ALASKA Clark Corbridgc, Mayor AYES: NOF,S: ABSENT: ABSTAIN: ATTEST: COUNCIL AGENDA STATEMENT Meeting Date: Apri113,2009 ~,' Through: Phillip Oates, City Manager ~ ~ ~.. From: Kristin Erchinger, Finance Director ~ ~ ~ (~I Subject: Acquisition of Parcels AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ, and Tracts 1, 2, 3, and 4 of Forest Acres Subdivision, for North Forest Acres Levee/Road Pro ect BACKGROUND & J[7STIFICATION The City of Seward has received al] required permits [o proceed with construction of the North Forest Acres Project. The City's acquisition of property for the project was contingent on final receipt of all necessary permits (including the U.S. Army Corps of Engineers permit, the Fish & Habitat permit, the DOT Access "approval to construct"). As a condition of obtaining the U.S. Army Corps of Engineers permit, the City was required to purchase specific properties for compensatory mitigation purposes. Seven of these fifteen parcels (DB, DC, DE, DF, DG, QQ, and Tract 4) are parcels which Council has authorized the administration to negotiate for purchase, in Resolutions 2007-041 passed on Apri123, 2007, Resolution 2008-096 passed on September 22, 2008, and Resolution 2008-135 passed on December 8, 2008. In accordance with Council's direction, the City engaged the services of HDR Alaska to conduct property andright-ot= way acquisition negotiations with affected property owners. HDR solicited property appraisals from MacSwain Associates LLC. for all affected properties, as well as a the services of a third-party "technical reviewer" (Statewide Appraisal Services), to evaluate the appropriateness ofthe appraisal methodology, analytical consistency, internal logic, accuracy of mathematical calculations, and compliance with the Unifi~rm Standards of ProfessiorralAppraisa1 Practicer, and the Uniform Appraisal Standards for Federal Lartd Acquisitions. This second layer of review was performed in order to ensure that the determinations of market value would stand the test of scrutiny. The Kenai Peninsula Borough ("KPB")assessed value and the appraised value ofeach of the parcels is found in the table below: Parcel PartiaUFull sq ft (a) KPB Assessed Appraised Partial Value Appraised Full Value (c) AU = 1.01 acres 13,394 / 40,053 $21,400 $13,400 $40,000 AV = 1.09 acres 9,084 / 46,371 $22,600 $6,000 $30,000 AW = 1.09 acres 340 / 46,383 $22,600 $200 $25,000 DA,DB,DC,DE,DF,DG= 5.54 acres 237,411 Fu11 only $123,000 $105,000 MM = 0.93 acres 4,667 / 39,687 $20,800 $4,800 $40,000 QQ = 1.18 acres 51,345 Full onl $23,800 $35,000 Tract 1, 2, 3 = 13.21 acres 581,437 Full onl $67,900 $80 000 Tract 4 = 2.68 acres 116,773 Full onl $37,700 $35,000 (a) "Full only" means the City either must acquire the full property (as in the case of DA, DB, DC, DE, DF, DG, QQ and Tract 4 for compensatory mitigation), or the City agrees to purchase in full because property north of levee is more problematic for owner to develop and therefore may justify full purchase. CITY OF SEWARD, ALASKA RESOLUTION 2008-021 PAGE TWO (b) Properties showing partial value reflect parcels where City could agree to purchase less than entire parcel. However, property owner desired City's full purchase of these parcels, and in order to acquire the parcels required for compensatory mitigation, City agreed to purchase these remaining parcels in full. (c) This is the price the City has agreed to pay, plus an additional 10% to complete the purchase in time to place restrictive covenants onproperties asrequired by USACE pennitprior todoing in-water work on Japp Creek Relocation Project. The City has agreed to pay the appraised value for all of the identified properties, plus 10%, in order to finalize the purchase agreement in sufficient time to satisfy the 30 day referendum period on Council actions involving the purchase or property, so that restrictive covenants could be placed on the properties prior to May 15, 2009. Restrictive covenants must be placed on the properties prior toany in-water work being conducted, in accordance with the U.S. Army Corps of Engineers permit. Since the only period in which the City is allowed to conduct in-water work in Japp Creek is May I S to July 15, it is imperative that we finalize these property purchases immediately, in order to allow the contractor sufficient time to complete the relocation of the creek during the allotted time frame. Failure to close the property purchase for restrictive covenant-related properties, makes it impossible to proceed with the Japp Creek Relocation Project at this time. The total appraised market value of the identified properties is $390,000, plus a 10% add-on of $39,000 brings the total purchase price to $429,000. After completion of the purchase of the Afognak and Bailey properties, there will be four primary properties remaining for which the City requires access for the North Forest Acres Levee/Road Project. Those properties include Tract B Dieckgraeff/Gillespie Replat (2.35 acres, assessed value $11,800); Tract 5 (25 acres; assess value $58,000); parcel ZZ (0.63 acres, assessed value $20,500); and University of Alaska property needed for right-of--way acquisition (value not yet known). CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X 3.8.1.3 -Mitigate Flood Hazards -Secure funding to impletent the conapreherrsive flood mitigation plan for Resurrection River and Japanese Creek. 3.8.1.4 -Investigate land trades and other mechanisms for acquisition of potentially hazardous lairds (relative to floods and saturated soils) 2. Strategic Plan X Page 11 -Secure funding to implement comprehensive flood mitigation plan for...Japanese Creek. Page 16 - Develop a flood mitigation project to protect the runway from flooding. FISCAL NOTE The City of Seward will utilize a grant from the State of Alaska which authorizes the purchase of properties for the North Forest Acres Levee/Road Project. At this time, no additional appropriation is anticipated. Finance Department: J~/1,lolu~ yG1.f.LtG~•{/.t RECOMMENDATION Council approve Resolution 2009- U 3~ approving a purchase agreement for lots AW, AV, AU, MM, DA, DB, DC, DE, DF, DG, QQ and Tracts 1, 2, 3 and 4 of Forest Acres Subdivision, in the amount of $429,000, and appropriating funds. l CITY OF SEWAR~ REAL ESTATE PURCHASE AGREEMENT THIS AGREEIVIEN7 is between AFOGNAK CONSTRUCTION & EXCAVATING, INC., herein referred to as "SELLER", whose mailing address is PO Bax 6'10, Seward, AK 99664, and the CITY OF SEWARQ, a municipal corporation of the Stat® of Alaska, hereinafter referred to as the "PURCHASER", with address of 4'10 Adams Street, Seward, Alaska 99664. For and In consideration of the mutual promises set forth below, SELLER and PURCHASER agree as follows: 1. PURCHASE AND SALE OF REAL PROPERTY. Subject to City of Seward Resolution No. dated SELLER shall sell to PURCHASER, that certain real property, hereinafter refierred to as the "Property", more particularly described as: LOTS "AW", "AV", "AU", and "MM", FOr'BSt Acres Subdivision according to Plat No. 5-17, Records of the Seward Recording District, Third Judicial District, State of Alaska; ~~ And Lots "DA", "DB" "DC", "DE" "DF", "DG", "fJQ", "UNNAMED TRACT ~", "UNNAMED TRACT 2", "UNNAMED TRACT 3", and "UNNAMED TRACT 4", FOREST ACRES SUBDIVISION, according to the official plat thereof, filed under Plat No. S-17, Records ofi the Seward Recording District, Third Judicial District, State of Alaska. Subject to taxes and assessments not in default or arrears, and further subject to reservations, restrictions, and easements of record. 2. ADMINISTRATIVE SETTLEMENT PRICE. The total administrative settlement purchase price of: FOUR HUNDRED TWENTY NINE THOUSAND DOLLARS ($429,000.00), payable in full at closing, 3. CONDITIONS TOP RCHA E. The obligations of the PURCHASER and SELLER to close on the purchase of this Property shall be subject to the following conditions and understandings: (a) The purchase is subject to approval of the Clty of Seward City Council. (b) There is no litigation or other claim which has any probability or reasonable likelihood of success, that challenges or controverts the PURCHASER'S action to acquire the Property; (c) At completion of testing, if any, the Property is found to be suitable for City of Seward purposes and free of hazardous materials; (d) This original agreement is executed by SELLER and delivered to the offices of the Seward city Clerk by 4:00 p. m., April 3, 2009. 4. RELEASE OF ALL CLAIMS. For and in consideration for the compensation paid, SELLER furthermore agrees to release any and all claims SELLER has against PURCHASER or PURCHASER'S successors, heirs, and/or assigns, arising out of or relating to the acquisition of SELLER'S Property. This release shall include the release of any and all claims for any issues pertaining to trespass, condemnation blight, and inverse condemnation, for costs and attorney's fees or for any other claims pertaining to the planning, improvement construction, or acquisition of SELLER'S property. This release is to be broadly construed to effectuate its intent that any and all claims that have been raised or could have been raised by SELLER relating to the acquisition of the Property are released. 5. LEASES. SELLER warrants and represents that the only persons or entities other than SELLER who have oral or written leaseholds or other possessory interest in the Property are set forth in the following space and that an accurate copy of the written lease or statement of terms of an oral lease is attached hereto: NONE Any lessee deposits held by SELLER shall be transferred to PURCHASER at closing. 6. TITLE. SELLER represents that SELLER owns fee title to the Property free and clear of all encumbrances except those of record. At closing, SELLER shall convey marketable title to the Property to the PURCHASER subject only to covenants and easements of record, none of which affect the marketability of the SELLER's title and which are acceptable to PURCHASER. PURCHASER may obtain a policy of title insurance insuring the title of the PURCHASER in the full amount of the purchase price, and the premium for said policy shall be paid by PURCHASER. 7. ENCUMBRANCES AND ASSESSMENTS. Rights reserved in Federal Patents, Territorial or State Deeds, Zoning Regulations, benign easements and subdivision covenants, if any, shall not be deemed as encumbrances to be discharged. The property shall 6e delivered to PURCHASER at time of closing free of ail mortgages, liens, judgments, and any taxes or assessments in default or arrears. The amount of any such encumbrances which are now known liens on the property shall be paid by SELLER. 8. PRORATING. Taxes and assessments shall be prorated as of the date of closing. g- CLOSING COSTS. Closing costs including costs of the preparation and recordation of documents required for closing shall be paid by PURCHASER. Parties shall be responsible for their respective attorney fees and casts at closing. 10. CLOSING AND ESCROW. The closing of this transaction shall be held at the earliest practical data consistent with the terms and conditions herein. However, closing shall be held no later than on or .before May 15, 2009. Such closing shalt be processed by First American Title in Seward. A copy of this agreement shall be deposited with the escrow agent by PURCHASER. This agreement shall serve as the escrow instructions. At closing: (a) SELLER shalt execute and deliver to the escrow agent a Statutory Warranty Deed conveying the Property to the PURCHASER. (b) PURCHASER shall deliver to the escrow agent in municipal or cashier's check, the purchase price, and closing fees, lass any SELLER costs to clear title. (c) All other conditions precedent to closing shall have been pertormed. 11. POSSESSION. SELLER shall deliver possession of the Property to the PURCHASER as of the data of closing. Any personal property left on the Property after the date of closing shall be deemed abandoned by the SELLER, unless ~ otherwise agreed. 12. RISK OF LOSS. Risk of loss due to fire, earthquake, acts of God, or other calamity shall rest on the SELLER until closing and the PURCHASER has the option to rescind this agreement if such event shall occur or close the transaction as provided hereafter. If the PURCHASER chooses to proceed with the closing, the SELLER agrees to reduce the total purchase price and the amounts due to the SELLER at closing by the amount of the loss. Such loss shall be determined in accordance with such reasonable methods of valuation as may be agreed upon between the parties at the time of such loss. 13. HAZARDOUS WASTES/MATERIALS. SELLER represents and warrants the following: (a) SELLER and Property are in ful- compliance with all laws, regulations, rules and legal requirements of the federal, state and local municipalities regarding environmental protection and site remediation as of the date of execution of this Agreement. (b} No actions, suits, claims or other proceedings have commenced either regarding the disposal, discharge or release of hazardous material at or from the Property or alleging a violation or noncompliance with any environmental law. (c) Thera are no underground s#orage tanks. 14. WAIVER OF ALASKA STATUTE 34.70. The parties agree that AS 34.70 (Disclosures in Residential Real Property Transfer? does not apply to this transaction and waive the applicability of AS 34.70. 15. AGENTS, COMMISSIONS ANO PROFESSIONAL ADVICE. SELLER agrees to pay a -- S- % real estate commission to Jim McCracken of Seward Real Estate Co., to be paid from sale proceeds at closing. Each party has consulted with, or has had an opportunity to consult with, the party's own independent advisors, including experts, attorneys and tax advisors. Other provisions of this agreement notwithstanding, each party shall bear its own costs under this section. 16. AUTHORITY. SELLER acknowledges that this agreement has been negotiated and executed by representatives of PURCHASER in the good faith belief that such actions and this agreement are in accordance with the laws and ordinances affecting government acquisition of property. In the event this Agreement has not been authorized at the time of its execution by representatives of the City of Seward, it shall be interpreted as an exclusive option to purchase in accordance with the terms hereof which option may be exercised by approval of this agreement by the City Gouncll of the Gity of Seward within the period allowed for closing hereof. 17. DEFAULT BY SELLER. If the SELLER shall lie unable to deliver a marketable title to the Property, the PURCHASER has the option of either (a) closing the transaction „!1 notwithstanding such state of title or, (b) with respect to liens or encumbrances which 1, ` can be liquidated or discharged by the payment of a sum of money, paying off and J causing to b® discharged said liens or encumbrances, deducting the sum required therefore from the SELLER's proceeds and thereafter closing the transaction. 18. ENTIRE AGREEMENT. This document and its attachments contain the entire Agreement between the parties. It may not be modified except in writing and signed by the parties. 19. TIME. Time is of the essence of this agreement and performance in accordance with the terms and conditions hereunder shall be given the highest possible priority by the parties hereto. This agreement is void if not accept®d and delivered by Seller by 4:00 p.rn, on April 3, 2009. 2Q. SURVIVAL AND SUCCESSION. The terms and conditions of this Agreement shall survive the completion of the transaction that is the subject of this Agreement and shall be binding upon the heirs, successors or assigns ofi the parties hereto, 21 . FURTHER ASSURANCES. Whenever requested to do so by the other party, SELLER or PURCHASER promptly and expeditiously shall execute, acknowledge and deliver any and all such conveyances, assignments, confirmations, satisfactions, releases, instruments of further assurance, approvals, consents and any and alt further instruments and documents as may be reasonably necessary, expedient, or proper in order to complete any and ail conveyances, transfers, sales, and assignments hersfn provided, and to do any and all other reasonable acts and to execute, acknowledge and dellv@r any and all documents rsasonabiy requested In order to carry out the intent and purpose of this Agreement, including but not limited to subdividing and platting the land containing the Property. 22. GOVERNING LAW AND VENUE. This Agreement shall ba governed by, construed under, and enforced in accordance with the State of Alaska. Venue shall be in the Alaska Superior Court in Anchorage, Alaska. 23. FOREIGN PERSON_ SELLER represents and warrants that SELLER is not a "foreign person" as defined in Section '1445 of the Internal Revenue Code of 1986, as amended, and the Income Tax Regulations adopted thereunder. 24. GRANT OF LICENSE. SELLER agrees that PURCHASER may enter upon the Property during the period that this Agreement is affective to make any and all examinations, investigations, surface and subsurtace investigations, audits, reviews, inspections, tests, surveys and appraisals and to conduct and carry out any and all engineering studies and operations that PURCHASER may desire, at PURCHASER'S sole cost and expense. This license for entry includes the right of PURCHASER or its agents and contractors to install utilities and construct access roads over the rights-of-way portions of the Property, beginning on the effective date of this Agreement. In the event that Closing does not occur, the PURCHASER, in PURCHASER'S sole discretion, may either (~) remove ail improvements from and restore the rights-of--way portions of the Property to substantially their original condition or (2) leave any roads constructed and utilities installed in place and leave the rights-of-way portions of the Property in reasonably clean and useable condition. SELLER: AFOGNAK CONSTRUCTION 8. EXCAVATING, INC. -I41{9ert-E~fer, President Stevet~A_ Soh:fer, Stcr~~o-yo{Co-p, rar.~~lnnuyer Date: • 3 -" "-~~9 ~,~ ` .t°reru,.. ,., _. a n ~~~ C~ 6 ~' ~'~_ ~ '~ v ~~ Va~ r i " :, ea ~y' ~ a s+ ~~ ~i tom„, <,~, 1, i ~~. ~ ~® t < t., PURCHASER: CITY nO~F SE~WAnR~ O ~ BY: ~ K~~E:-9et~ea~i ity Manager Date: 4~031~9 3~ 30 ~m • _ ATTEST; // p / Vl-/l.. EAN LEWIS, M f ATE: ~-; I tr IR H ~ v I y w~ D n d r \ \ \ NOTE AHf $ W r1vN 'J4£SI AL'RES 5 ROMyON W[4£ nn E'l 0. oPILfl TO \ iNF EN OMEN, OF .r E1. IGN CNF FASEUCNF LCG':sU~rJN !hPf NT NO 63x159 \ ~l ~e~ . \ ~~ 3 ~ ~~ ~ ~ ~ Y ~ Fxrsrux N.o.w ro E[ wurzo ANO RE>'ucfn xrw Nnurr Gs>ywrs ~YAGhD MEMO IBp £F. )) ~ e]iraey. ~ _ UnSubdivided ~ m,,,..~,. .,~. r mun-eaie.wnr - L-------- __ ____ __ ___ ___ ___ ___ !plp. _______ ~ ~~~ 4`. , A 1r' I'K~L .'Ii~J;'IarRY I UnSubdivided a a.1. L-M)53' ___ _ ______ __ 4~l634~SJ ___ __ ___________ _ _ _Z _~ v I I I I. I a __ ®. _ ,,~® _ . '- ,6 n'~r® ~ .. ..,~ .,.,.,., C ~ ® __ - ~ s ~L ' ' _ __ ~ I C_ I ml CK OO AW AV ZZ o ~ AU - \~ ~ ~ - O ®4 . a I M1 ~ ~ ~ 9 ~ . MM ., ~\ ti \ © t T'- ~ ' ' w •v s. _~cw - \ - ~ 3 ~. 7R 1 ~o CM ~ CJ ~ se v V rear )se] sasvrev e)o.w ~I ~ \ ,~e ~ / \ ~_ l.0 9 I ~ l AX AY ICI A7 101 i\ \ o LE 7 / ~.® «~ n K c / - I _---- 1 ~_- i, ~h I I"~ ~ ! J/W ~ ,;A~P2/~ / ~ © ~ r. ~~ ~ b ,'~~Q i ~~ _-- _ cN I I cl -_ IsF ORESTI ACRES z I~~SUBD/l/ISIOI~~°~ L_Z ~~ /' `mP'q~~ / ~ ~ ~ '4 .. 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I ly q a a!~u. e/ ra.e +++r.. W rM yet. e/ New . ' R w J ~rq o¢~Aerv `r nccvuwc rurces .ww m ~ oes Ysor vur r) MY SVRIEY OT iLRSr AQ25 Mr lY. V ~ ( Township I Narth, Rpnge I Wesf 6 r..Y e... 4 u .>ar e w • ~ r y s s ~ ~ ~ • Se word Naneion. Abskv I wfr p,- _. .. ~ m N..w +.. • ~ ~ ~ ~ ~ NrnAAw wAVANr¢xl MdAlCa e/FlASr,wem: R ~rs ~~ ~ ~ ns~ ~s waw. ~ i ' e '- r p ~ ~~ ~ ~ City o{ Seward-Kenoi Peninwla Bo rpgh F _ is spa `~'{, R w .e.t.w.~ nrz~ a ~aHWAXE¢HJ1L621 nUWSrS San Er¢ rv .s ' ~)` rKO'cvn ~S N+esrrmA OUr )s Vcw[ oFt2s r /ur ~ 1 SEWARO RfYWtLWrG C6/RIGT . __. s.. : O^ ~+^" "'"" °'° ~. ar e ~. ® ~ ru smwmL so.ov+a-aA; vur Atv rYmux never ym. Yo. r, ra./r>av ~~ CLINE AND ASSOCIATES ~ ., r.. o ., °e\ u-'sw .w~v . - ~r river fMSI noRS .Yxv+A.s.m'rw: /Y - dY lL1 r S I LANG SY/RYEYQPS 1 ~. 'e :Y° .. ~ ~ ~ ~~~ - ', YnI E Q ~ O r6 r~ ~.. {663 x .r M IENC Rll )Af .4MIO. N %K6. 6 iron zz.- n. F., t:bn n.-~,. .,~ . . s..... .-I GRAPHIC SCALE z ae ~ ,.M, Ne wr-H wrvLVa emir In, Ana in ~1 1 ~ oA2:11 . s... r. r--rm ]En-R.w vrcrr az EXISTING F.lSE]IENTS a+•t uESCRrnroN 50 SELnOM NE FASEM£Ni_ ixLL `;rFNr 45 9!O.OIC B )00 rYFF AS[1ENr 9rMK 0.3 qGE 12< C 5 $T4£E/ ANO .. nLrry `15CMCNr dOpK ]fi is Cf 65 0 ~., Srwn A9 ;NVr'JR JM Jn~IM GSENCNT (Oi CG ARf 9IN1N r6 F,iLF Ir. AIKAV CL EAA 20.4E F/Snl£NT OIXJ }S '.r f I92 F OuNK SEIFR GSEMEN yCOrt J]A GE 356 P..WN(T SEWER [ASEMFN B?'K 3]R PACE J? I g ANNET SEWER a,tSLIIEN 6PJ J R P fif JE9 A /N nON CCEN? 10.4E GSMEN _ BJOX J6.9.AG 2J] 60 U LI'Y HLH OF WAY 4CGY 3T PAGE B2] PINIH'ICFYI !i!1 W a .~ GAKEI NJ PAhENI PAAC£L IX6nNG LF6LL O[SCHM'IION QML7N PUr rAYE ILIEVNOEF -- /FG A9£A G]IA SW l 1 SECINN 1] SIXLIN CF gYONp RLL 9 - EO 9 2 «~ b Weaf P.]19 5 I < 2 , NJ.P1N CF LVMp`Ip AYp PIA 9S-2J' ! ,]5] 151}1 /crea4 irnWrn q[v(q R 6W W AW F0.VESr AGlES SUBCM$KW ryAT ]8-1 . JW 1 9JJ W OT AV A ryl N - _ (,yf COA CO ACHES SUBOM"ION - PLI ]d-f 13.39< 2Q6]9 W3 CO6 LOT Z FWtCST ACRES SU COT A UdpN5l0.V I'!A lB-< _ HAI ]9-4 1565} 1 ]99 IS dR <,69,) Ml LOT EM£ ACRES S!/RCMypN LSA 1 _ A661 - J5020 0.b L $UWNI£Igl Mr ]d-< J25S1 31 2 Ltl9 L 0.^ FOREST ACFLS STIBRMSAJN -< I I9B9 2 MI - OI 5] 1 A 5J$N/,' LOI ~ FpMSI ACHES 5 -{ qAr lB-1 f 1,99 _ _ B 6B2 - J.H __ 012 OIJ LOT fpKS`I ACHES A'ION COI SS FpAfST ALAES 5 iG ] -{ r lB-i f 9 SSC 61] 254 ~ S]O61 r< LOT FCNESI AG4F5 SVBCM9LW _ _ qAI ] -{ 4 < 539 OIS IRAC I, F r VSNNSIQV PuI ]B-4 31,061 ](.211 b Saufh ' 30959 fe NwM 1 V KV7 ExIWi FOW 4c4 121, a 165 -4 <, 0 PR f,9 10 I JO]122 !o Norm cr 6 aECWGwFrr-6IUEVIF r~PUr xAr sB-1 9.92] Jzs93 b se,An 59 09 fo NMn '' 03 2 FOREST ACA'ES' £U9)MSrp1 PGT ]e-4 ; . fy S62 rv,c. vma ore 9~'^'^ rn spuo2 ttr, uMesf arMmf[ rrofeO L~ .L i_ QEt1 1 r ~ c '~ 33 31 '35 NONtt MAG 1'af Te WlE I I I SW 1/4 SEC 27 \~ 9 ~ Rpsotufian aooq-aa - t2zsh^~~~hive. Co~~c„a.,tS /Z2soluiior~ .200q - a3 - 64i ~~ `' ' - MacSwain Associates LLC 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Telephone: 907-561-1965 Fax: 907-561-1955 January 26, 2009 p William ,l. Nelson William J. Nelson & Associates PE 155 Bidarka Street Kenai, Alaska 9961 I-7741 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Lot "AU", Forest Acres Subdivision 2611 Dimond Boulevard, Seward, Alaska RES 004 (Afognak Construction & Excavating, Inc.) Dear Mr. Nelson: As requested, we prepared a Self-Contained appraisal report that analyzes the above- referenced property affected by the City of Seward's proposed North Forest Acres Levee/Road Project. The purpose of the appraisal is to estimate the market value of properly rights acquired for partial acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $13,400. Market Value of Acquisition $13,400 ___ - The information contained in the appraisal report is specific to the client's needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, Ste '~MacSwain, MAI ob Conn State of Alaska Certificate No. 42 State of Alaska Certificate No. 334 RES 004 (Afognak Cozzxlruclion & Excavation, /nc.) 1 `1 'J MacSwain Associates LLC APPRAISAL REPORT SUMMARY Project Namc: North Forest Acres Levee/Road Project #M-2000-0052 Parcel No• RES 004 ~ PROJECT & OWNER INFORMATION Name of Owner: Afognak Construction & Excavation, Inc. Owner Address: P.O. Box 610, Seward, Alaska 99664 Telephone Number: (907) 224-3685 Parcel Location: Between Dimond Boulevard and Maple Street, north of Alder Street, Seward , Alaska Parcel Address: 261 I Dimond Boulevard, Seward, Alaska Legal Description: Lot "AU", Forest Acres Subdivision Zoning: Resource Management (RM) Current Use: Vacant Highest and Best Use: Mixed-Use Residential nr Light Industrial Rights Appraised: Fee simple estate Inspection Date: October 8, 2008 Date of Value: October 8, 2008 ~ PARCEL DESCRIPTION SUMMARY Parcel Arca: 40,053 SF Acquisition: Public use easement (PUE) Area of Acquisition: ]3,394 SF Remainder: *26,659 SF *Area not subject to PUE Area of Parcel Subject. to YLO or Section Line Easement: None J ~ ACQUISITION SUMMARY 1. Markel Value Before Acquisition: Land $40,000 Site Improvements $0 C$40,000 2, Less Acquisition Value as Part of the Whole: Laud $13,400 Site Improvements $0 - $13,400 3. Remainder Value as Purt of the Whole• - $26,600 4. Estimated Market Value of Remaiuder: Land $26,600 Site Improvements $0 $26,600 5. llamages Incurable (11'Any): $~ 6. Special Benefits (If Any): $0 7. Acquisition Value as Part of the Whole: N/A 8. IVet Damages: + N/A 9. Cost To Cure: + N/A 10. Permits: + N/A 1 L Easements: - N/A 12, YLO or Section Linc Easements: + N/A 13. Other: + _ N/A 14. Market Value of Acquisition: (sum of shaded boxes) _ $13,400 Date: January 26, 2009 Prepared By: Steve MacSwain, MAI and Rob Corm RES' 004 (Afognak Consdra~cdion & Excavation, Inc.) l~ MacSwain Associates LLC January 26, 2009 William J. Nelson William J. Nelson & Associates PE 155 Bidarka Street Kenai, Alaska 99611-7741 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Lot "AV", Forest Acres Subdivision 2617 Maple Street, Seward, Alaska RES 003 (Afognak Construction & Excavating, Inc.) Dear Mr. Nelson; As requested, we prepared aSelf-Contained appraisal report that analyzes the above-referenced property affected by the City of Seward's proposed North Forest Acres levee/Road Project. The purpose of the appraisal is to estimate the market value of properly rights acquired for partial acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $6,000. Market Value of Acquisition 56,000 The information contained in the appraisal report is specific to the client's needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, C/~,~~--___ ~~ Steve MacSwain. MAI State of Alaska Certificate No. 42 -~ ~' ~,~.%_ Koh Conn State of Alaska Certiticate No. 334 ~~ ~MacSwain -Associates LLC_~ ~ APPRAISAL REPORT SUMMARY Project Name: Nor[h Forest Acres Levee/Road Project #M-2000-0052 ~arcel No. ~S 00; J -~ PROJECT & OWNER INFORMATION Name of Owner: Afognak Construction & F,xcavation, ]nc. Owner Address: P.O. Box 610, Seward, Alaska 99664 Telephone Number: (907) 224-3685 Parcel Location: West side of Maple Stree[, north of Cottonwood Street, Seward Alaeka Parcel Address: 2617 Maple Street, Seward, Alaska Legal Description: Lol "AV", Forest Acres Subdivision Zoning: Resource Management (RM) Current Use: v:,~a.,r 2. Less Acquisition Value as Part of the Whole 3. Remainder Value as Part of the Whole: 4. Estimated Market Value of Remainder: 5. Damages Incurable (If Any): 6. Special Senef"its ([f Any): 7. Acquisition Value as Part of the Whole: 8. Net Damages: 9. Cost To Cure: 10, Permits: 11. Easements: 12. PLO or Section Line Easements: 13. Other: 14. Market Value of Acquisition: (sum of shaded boxes) Date: January 26, 2009 Pren»re RES 003 /Afognak Con.rtrzrction & Escczvatlon, /nc.) Land Site Improvements Land Site Improvements Land Site Improvements $30,000 $0 $6,000 $0 - $24.000 ~ $0 $0 $0 Steve MacSwain, MAI and Rob Conn $24,000 N./A N,~A N/A N/A N/A N,rA N/A $6,000 ~~ ~ ACQUISITION SUMMARY 1. Market Value Before Acquisition: MacSwain Associates LLC 4401 Business Park Blvd., Sur1e 21 Anchorage, Alaska 99503 Telephonc~~ 907-561-1965 Fax: 90?-561-1955 January 26, 2009 William J. Nelson William J. Nelson & Associates PE 155 Bidarka Street Kenai, Alaska 996 1 1-774 1 Rc: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Lot "AW", horest Acres Subdivision 2616 Oak Street, Seward, Alaska RES 002 (Afognak Construction & Excavating, Inc.) Dear Mr. Nelson: As requested, we prepared a Selt=Contained appraisal report that analyzes the above- referenced property affected by the City of Seward's proposed North Forest Acres Levee/Road Project. The purpose of the appraisal is to estimate the market value of property rights acquired for a partial acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $200. Market Value of Acquisition $200 __ J The information contained in the appraisal report is specific tci the client's needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, Stev 'MacS~~ain, MAI b Conn ~ State of Alaska Certificate No. 42 Sate of Alaska Certificate No. 334 RES 002 (Afognak Construction & Excavation, Inc.J a~ MacSwain Associates LLC r .~ A DDD A iC'~ ~ 7 ~r.r~..~.....~__ __ ••_-=~.=uriaJ itL'rvl(1 AU1V11V1AKY Project Name: North Forest Acres Levee/Road Project #M-2000-0 052 Parcel No. {~S 002 ^_ _ - ~ ~ PROJECT & OWNER INFORMATION ~ Name of Owner: Afognak Construction & Excavation, inc. Owner Address: P.O. Box 610, Seward, Alaska 99664 TelephoneNwnber: (907)224-3685 Parcel Location: Fast sick of Oak Street, north of Cottonwood Street Seward, Alaska Parcel Address: 2616 Oak Street, Seward, Alaska Legal Description: Lot "A W", Forest Acres Subdivision Zoning: Resource Management (RM) Current Use: Vacant Highest and Best Use: Mixed-Use Residential or Light Industrial Rights Appraised: Fee simple estate Inspection Date: October 8, 2008 Date of Value: October S, 2008 ~ PARCEL DESCRIPTION SUMMARY Parcel Arca: 46,383 SF Acquisition: Publ ic use easement ( PUE) Arca of Acquisition: 340 SF Remainder: *46,043 SF *Arca not subject to PUE Area of Parcel Subject to PLO or Scction Line Easement: None ~ ACQUISITION SUMMARY 1. Market Value Before Acquisition: Land $25,000 Site Improvements $0 $25,000 2. Less Acquisition Value as Part of the Whole: Land $200 Site Improvements $0 $200 3. Remainder Value as Part of the Whole: _ $24,800 4. Estimated Market Valuc of Remainder Land $24,800 Site Improvements $0 $24,800 ' 5. Damages Incurable (If Any): $0 6. Special Benefits (lf Any): $0 7. Acquisition Value as Part of the Whole: N/A 8. Net Damages: 9. Cost To Curc: + N'A 10. Permits: + N.~A l 1. Easements: N,~A 12. PLO or Section Line Easements: + N/A 13. Other: + N/A 14. Market Value of Acquisition: (Sum of shaded boxes) + N/A _ $200 Date: January 26, 2009 Prepared Rv Rrava nna~c,.,., :,, n,re ~ ....,, o,.~ ~___ RGS 002 (Afognak Construction & Excavatron, Inc.) a~, MacSwain Associates LLC 440! B:csiness Purk Blvd., Suite 22 Anclsorage, Alaska 99503 Telephone. 907-561-1965 Fax: 90,'-561-1955 February 27, 2009 William J. Nelson William J. Nelson & Associates PE 155 Bidarka Street Kenai, Alaska 99611-7741 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Lots "DA", "DB", "DC", "DE", "DF", and "DG" Forest Acres Subdivision 2620 Birch Street, 2601, 2605, 2609, and 2613 Poplar Street and 2511 Spruce Street Seward, Alaska RES 006 and 008-012 (Afognak Construction & Excavating, lnc.) Dear Mr. Nelson: As requested, we prepared a Self-Contained appraisal report that analyses the above- referenced lots affected by the City of Seward's proposed North Forest Acres Levee/Road Project. Based on the unity of ownership, contiguity, and highest and best use, we determined that six lots totaling 237,411 square feet or 5.45 acres is the larger parcel. "The purpose of the appraisal is to estimate the market value of property rights acquired for frill acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (iJASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $105-000. Market Value of Acquisition $105 000 The information contained in the appraisal report is specific to the client's needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, ~'t ~. Steve MacSwain, MAI State of Alaska Certificate No. 42 R b Conn State of Alaska Certificate No. 334 RES 006 and 008 012 (Afognak Construction & Excavating, Inc.) ~~ 3 ~1 MacSwaifl Associates LLC ~ APPRAISAL REPORT SUMMARY Project Name: North Forest Acres Levee,~Road Project #M-2000-0052 ~rcel Nos. RES 006, 008, 009, 010, Ol I, and 012 ~ PROJECT & OWNER INFORMATION Name of Owner: Afognak Construction & Excavating, [nc. Owner Address: P.O. Box 610, Seward, Alaska 99664 Telephone Number: (907) 224-3685 Parcel Location: South side of Poplar Street and north side of Birch Street, north and south of Fir Street (unimproved roads), Seward, Alaska Pareel Address: 2620 Birch Street, 260 L 2605, 2609, and 2613 Poplar Street, and 25] I Spni ce Street Seward Alaska , , Legal Description: Lots "DA", "DB", "DC", "DE", "DF", and "DG", Fo rest Acres Subdivision Zoning: Resource management (RM) Current Use: Vacant Highest and Best Use: Residential /recreation Rights Appraised: Fee simple interest Inspection Date: October 8, 2008 ~te of Value: October 8, 2008 PAS RCEL DESCRIPTION SUMMARY Parcel Area: 237,41 I SP 5.45 Acres Area of Acquisition: 237,41 I SF 5.45 Acres Remainder: 0 SF Area of Parcel Subject to YLO or Section Line F,asernent: None 3 ACQUISITION SUMMARY 1. Market Value Before Acquisition: Land $105,000 Site Improvements $0 000 L $105 2. Less Acyuisition Value ns Part of the Whole: Land $105,000 , Site Improvements 3. Remainder Value as Part of the Whole: $0 _ $LO>,000 - $0 4. Estimated Market Value of Remainder: Land $0 Site improvements SO ~SO 5. Damages Incurable (If Any): - $0 6. Special Benefits (If Any): $0 7. Acyuisition Value as Part of the Whole: N/A 8. Net Damages: + N/A 9. Cost To Cure: ~ N/A 10. Permits: + N/A ll. Easemeuts: ~ N/A 12. PLO or Section Line Easements: + N/A 13. Other: + N/A 14. Market Value of Acquisition: (sum of shaded boxes) _ $105,000 Date: February 27, 3009 Prepared By; Steve MacSw _ ain, MAI and Rob Conn RES 006 and 008-012 (Afognak Covwtructzort & Excavating Inc.) a~ MacSwain Associates LLC 4401 Business Park Blvd, Suite 12 .4nchoruge, Alaska 99503 Telephone: 907-561-19(5 Fux: 907-561-1955 January 26, 2008 William J. Nelson William J. Nelson & Associates PE ] 55 Bidarka Street Kenai, Alaska 99611-7741 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 I,ot "MM", Forest Acres Subdivision 2618 Birch Street, Seward, Alaska RES 007 (Afognak Construction & Excavating, Inc.) Dear Mr. Nelson: As requested, we prepared a Self-Contained appraisal report that analyzes the above- referenced property affected by the City of Seward's proposed North Forest Acres Levee/Road Project. The purpose of the appraisal is to estimate the market value of property rights acquired for a partial acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal band Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $4,800. Market Value of Acquisition $4,800 1 The information contained in the appraisal report is specific to the client's needs and intended ® use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. ® Respectively submitted, Steve ~ acSwain, MAI ® State of Alaska Certificate No. 42 RES 007 (A,~ognak Construction & Excavation, Inc) llVllll of Alaska Certificate No. 334 ~~ MacSwain Associates LLC ~ APPRAISAL REPORT SUMMARY Project Name: North Forest Acres Levee/Road Project #M-2000-0052 Parcel No. RES 007 ~ rtcU.l>/t_1 ~t UWNER INFORMATION Name of Owner: Afognak Construction & Excavation, Inc. Owner Address: P.O. Box 610, Seward, Alaska 99664 Telephone Number: (907) 224-3685 Parcel Location: East side of Birch Street, north of Alder Stree[, Sew ard, Alaska Parcel Address: 2618 Birch Street, Seward, Alaska Legal Description: Lot "MM", Forest Acres Subdivision Zoning: Rural residential (RR) Current Use: Vacant Highest and Best Use: Residential Rights Appraised: Fee simple estate ~ Inspection Date: October 8, 2008 Date of Value: October 8, 2008 ~ PARCEL DESCRIPTION SUMMARY Parcel Area: 39,687 SF Acquisition: Pub Area of Acquisition: 4,667 SF lic use easement (PUE) Remainder: *35,020 SF *Area not subject to PUF. Area oC Parcel Subject to PLO or Section Line Easement: None ~ ACQUISITION SUMMARY 1. Market Value Before Acquisition: Land $40,000 Site improvements $0 ~ $40,000 2. Less Acquisition Value as Part of the Whole: Land $4,800 Site Improvements $0 $4,800 3. Remainder Value as Part of the Whole: _ $35,200 4. Estimated Market Value of Remainder: Land $35,200 ~ Site Improvements $0 $35,200 5. Damages Incurable (If Any): $0 6. Special Benefits (lf Any): ~$p~ 7. Acquisition Value as Part of the Whole: N/A 8. Net Damages: + N/A 9. Cost To Cure: + N/A 10. Permits: - N/A 1 L Easements: ~ N/A 12. PLO or Section Line Easements: + N!A ~~ 13. Other: + N/A 14. Market Value of Acyuisition: (sum of shaded boxes - $4,800 Date: January 26, 2009 Prepared By: Steve MacSwain, MAl and Rob Conn RES 007 (Afognak Construction cPc Excavation, /nc.) ab MacSwain Associates LLC 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Telephone: 907-561-! 965 Far: 907-5G1-1955 January 26, 2009 William J. Nelson William J. Nelson & Associates PE 155 Bidarka Street Kenai, Alaska 9961 1-774 1 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Lot "QQ", Forest Acres Subdivision 2504 Spnice Street, Seward, Alaska RES 014 (Afognak Construction & Excavating, Inc.) Dear Mr. Nelson: As requested, we prepared a Self-Contained appraisal report that analyzes the above- referenced property affected by the City of Seward's proposed North Forest Acres Levee/Road Project. The purpose of the appraisal is to estimate the market value of property rights acquired for full acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $35,000. Market Value of Acquisition $35,000 The information contained in the appraisal report is specific to the client's needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, Stev ac~wain, MAI State of Alaska Certificate No. 42 RES 014 (Afognak Construction & Fxccrvating, Inc.) of Alaska Certificate No. 334 ~~ MacSwain Associates LL~ ~ APPRAISAL REPORT SUMMARY Project Name: North Forest Acres Levee/Road Project #M-2000-0052 ~Yarcel No. RRS 014 ~~ PROJECT & OWNER INFORMATION Name of Owner: Afognak Construction & Excavating, [nc. Owner Address: P.O. Box 610, Seward, Alaska 99664 Telephone Number: (907) 224-3685 Parcel Location: Southeast corner of Spruce Streel and Willow Stre et (unimproved), Seward, Alaska Parcel Address: 2504 Spruce Street, Seward. Alaska Legal Description: Lot "QQ", Forest Acres Subdivision Zoning: Single Family Residential (R1) Current Use: Vacant Highest and Best Use: Residential Rights Appraised: Fee simple estate Inspection Date: October 8, 2008 Date of Value: October 8, 2008 ~ PARCEL DESCRIPTION SUMMARY Parcel Area: 5 L,345 SF Area of Acquisition: 51,345 SF Remainder: D SF Area of Parcel Subject to PLO or Section Line Easement: None ~ ACQUISITION SUMMARY 1. Market Value Before Acquisition: Land $35,000 Site Improvements $0 $35,000 2. Less Acquisition Value as Part of the Whole: Land $35,000 Site Improvements 3 R $0 - $35,000 . emainder Value as Part of the Whole: - $0 4. Estimated Market Value of Remainder: Land $p Site Improvements $0 $0 5. Damages Incurable Qf Any): $0 6. Special Benefits ([f Any): $0 7. Acquisition Value as Part of the Whole: N/A 8. Net Damages: ~ N/A 9. Cost Tn Cure: i N;A 10. Permits: + N/A I1. Easements: + N/A 12. PLO or Section Line Easements: + N/A 13.Other: r N/A 14. Market Value of Acquisition: (sum of shaded boxes) _ $35,000 Date: January 26, 2009 Prepared By: Steve MacSwain, MA[ and Rob Conn ftES 014 (Afognak Construction & Excm~crtinK Inc.) ~~ MacSwain Associates LLC 4401 Business Park Blvd, Surte 22 Anchorage, Alaska 99503 Telephone: 907-56l-1965 Fax 90%-561-1955 Feb 27 200 ruary , 9 William J. Nelson William J. Nelson & Associates P};' 155 Bidarka Street ~ Kenai, Alaska 99611-7741 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Ummamed Tracts 1, 2, and 3, Forest Acres Subdivision 2601 Laurel Street; 2610 Spruce Street; and 2608 Poplar Street, Seward, Alaska RES 021-023 (Afognak Construction & Excavating, Inc.) llear Mr. Nelson: As requested, we prepared a Self-Contained appraisal report that analyzes the above- referenced land affected by the City of Seward's proposed North forest Acres Levee/Road Prgjcct. Based on the unity of ownership.. contiguity, and highest and best use, we determined that three (3) tracts totaling 581,437 square feet or 13.35 acres is the larger parcel. The purpose of the appraisal is to estimate the market value of property rights acquired for full acquisition. The report is prepared to comply with requirements of the Uniform Standards of Processional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October R, 2008, is estimated at $80,000. C Market Value of Acquisition $80,000 The information contained in the appraisal report is specific to the client's needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, ~j Steve MacSwain, MAI ob Conn State of Alaska Certificate No. 42 Sate of Alaska Certificate No. 334 RES 021, RES 022, and RES 023 (Afognak Construction & Excavating Inc.) ~~ MacSwain Associates LLC ~ APPRAISAL REPORT SUMMARY Project Name: North Forest Acres Levee,~Road Project #M-2000-0052 Parcel Nus. RES 021, RES 022, RES 023 ~ ~ ~ DU /17T lam o n«n..... ~ - - _ _. ~w~i,~-. ac V VY1~r,K 11VH VKIVIA'i IU1V Name of Owner: Afognak Construction & Excavating, Inc. Owner Address: P.O. Box 610, Seward, Alaska 99664 Telephone Number: (907) 224-3685 Parcel Location: North side of Poplar Street and Willow Street (unimp roved), east of Dimond Boulevard Seward Alaska , , Parcel Address: 2601 Laurel Street; 26 LO Spruce Street; and 2608 Pop lar Street, Seward, Alaska Legal Description: Unnamed Tracts 1, 2, and 3, Forest Acres Subdivision Zoning: Resource management (RM) Current Use: Vacant Highest and Best Use: Residential /Recreation Rights Appraised: Fec simple interest Inspection Date: October 8, 2008 Date of Value: October 8, 2008 r J ~ PARCEL DESCRIPTION SUMMARY - Parcel Area: 581,437 SF 1335 Acres Area of Acquisition: 581,437 SF 13.35 Acres Remainder: 0 SF Area of Parcel Subject to PLO or Section Line Easement: None ~ ~ ACQUISITION SUMMARY i. Market Value Before Acquisition: Land 580 000 ~ Site improvements 2. Less Acquisition Value as Part of the Whole; Land $0 C$g0,000 ,000 Site Improvements $0 580,000 3. Remainder Value as Part of the Whole: = ~ 4. Estimated Market Value of Remainder: Land $0~ ~ $0 Site Improvements 5. Damages Incurable (If Any): $0 $0 ~ $0 6. Special Benefits (If Any): 50 7. Acquisition Value as Part of the Whole: 8. Net Damages: N/A + N/A 9. Cust To Cure: 10. Permits: + NtA 1l. Easements: + N/A 12. PLO or Section Line Easements: i N!A 13. Other: + N/A 14. Market Value pf Acquisition: (sum of shaded boxes) + N/A Date: February 27, 2009 Prepared Bv: fireve nna~cu,a: - ., nn e r .,.,a o..~..,~__ $80,000 RES 021, RES 022, anct 12L:S 013 (Afogizak Constra~ction & Excavating [nc.) ~~ 4 MacSwain Associates LLC 44111 Business Park RLvd, Suite 22 Anchorage, Alaska 99503 Telephone. 907-56I -1965 Fax: 907-561-1955 William ,I. Nelson William ,I. Nelson & Associates PE I55 Bidarka Street Kenai, Alaska 99611-7741 February 27, 2009 Re: City of Seward North Forest Acres Levee/Road Project #M-2000-0052 Unnamed Tract 4, Forest Acres Subdivision ® 2501 Laurel Street, Seward, Alaska '~9 RES 015 (Afognak Construction & Excavating, Inc.) Lear Mr. Nelson: As requested, we prepared a Self-Contained appraisal report that analyzes the above- referenced property affected by the City of Seward's proposed North Forest Acres Levee/Road Project. The purpose of the appraisal is to estimate the market value of property rights acquired for full acquisition. The report is prepared to comply with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We understand that the City of Seward will use the report as the basis for compensating the property owner. Based on the data, reasoning, and analysis, the market value of the property rights acquired, as of October 8, 2008, is estimated at $35,000. Market Value of Acquisition $35,000 The information contained in the appraisal report is specific to the clients needs and intended use. We hope the report assists your evaluation of the property. If you have any questions regarding this appraisal report, please contact our office. Respectively submitted, Steve acSwain, MAI State of Alaska Certificate No. 42 RES 015 (Afognak Construction & Excavating hzc.j Conn ~J of Alaska Certificate No. 334 3E MacSwain Associates LLC ~ APPRAISAL REPORT SUMMARY Project Name: North Forest Acres Levee/Road Project #M-2000-0052 Parcel No. RES 015 ~ PROJECT & OWNER INFORMATION Name of Owner: Afognak Construction & Excavating, Inc. Owner Address: P.O. Rox 610, Seward, Alaska 99664 Telephone Number: (907j 224-3685 Parcel Location: Southwest corner of Willow Street (unimproved) and Laurel Street (unimproved), Sew ard, Alaska Parcel Address: 2501 Laurel Street, Seward, Alaska Legal Description: Unnamed Traot 4, Forest Acres Subdivision Zoning: Resource Management (RM} Current Usc: Vacant Highest and Best Use: Mixed-Use Residential or Light Industrial Rights Appraised: Fee simple interest Inspection Date: October 8, 2008 Date of Value: October 8, 2008 ~ PARCEL DESCRIPTION SUMMARY Parcel Area: 116,773 SF 2.68 Acres Area of Acquisition: 116,773 SF 2.68 Acres Remainder: 0 SF Area of Parcel Subject to PLO or Section Line Easement: None ~ ACQUISITION SUMMARY 1. Market Value Before Acquisition: Land S35,000 Site Improvements $0 ~ $;5,000 2. Less Acquisition Value as Part of the Whole: Land $35,000 Site Improvements $0 - $35,000 3. Remainder Value as Part of the Whole: - SO 4. Estimated Market Value of Remaiuder: Land $0 Sile Improvements SO $0 ; 5. Damages Incurable (If Any): $p -- 6. Special Benefits (If Any): $0 7. Acquisition Value as Part of the Whole: N/A 8. Net Damages: + N/A 9. Cost To Cure: i N/A I0. Permits: + N/A 11. Easements: + N/A 12. YLO or Section Line Easements: + N%A 13. Other: i N/A 14. Market Value of Acquisition: (sum of shaded boxes) _ $35,0 Date: February 27, 2009 Prepared Ry: Steve MacSwain, MAl and Rob Conn RES 015 (Afognak Constructron & Excavating, hrc.) ~a Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING TFIE CITY MANAGER TO EXECUTE AND RECORD RESTRICTIVE COVENANTS ON LOTS DB, DC, DE, DF, DG, SS, RR, QQ, AND TRACT 4 FOREST ACRES SUBDIVISION, SEWARD RECORDING DISTRICT, THIRD .IUDICIAL DISTRICT, STATE OF ALASKA, FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, and recently acquired permits for Phase II, known as the North Forest Acres Levee/Road Project (the "Project"); and WHEREAS, the City Council authorized the City Manager to enter into a purchase agreement for the undeveloped land described above (the "Property"): and WHEREAS, as a condition of its permit, the US Army Corps of Engineers requires land development restrictions be recorded on the Property before the City of Seward may construct the Project; and WHEREAS, the restrictive covenants, in the form presented at this meeting, were approved by the Corps of Engineers; and WHEREAS, to allow the Project to proceed, the City finds that it is in the public interest to adopt and record in the real property records the restrictive covenants on the Property; and WHEREAS, the essential terms and conditions of the restrictive covenants have been available For public inspection for 10 days in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to execute and record restrictive covenants on the undeveloped land commonly described as Lols DB, DC, DE, DF, DG, SS, RR, QQ, and Tract 4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, State of Alaska, in substantially the form as presented at this meeting, and to take all such action necessary to complete the City's commitment to limit development on the Property accordingly. Section 2. This resolution shall take effect (30) days following passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13`x' day of Apri12009. 33 COUNCIL AGENDA STATEMENT Meeting Date: April l3, 2009 "Through: Philli Oatcs Ci Mana r ~ ,- P n' ge a lj: From: Kristin Erchinger, Finance Director ~ i \_4"~-- ~ Subject: Restrictive Covenants on Lots DB, DC, DE, DF, DG, QQ, RR, SS, and Tract 4 Forest Acres Subdivision BACKGROUND & JUSTIFICATION The City of Seward has received all required permits to proceed with construction of the North Forest Acres Levee/Road Project. As a condition of the U.S. Army Corps of Engineers ("USAGE")permit (a portion of which is attached), the City is required to purchase nine specific properties for compensatory mitigation purposes, and to place restrictive covenants on these properties in order to provide compensation for indirect impacts associated with construction of the levee/road. Proof of the recording of these restrictive covenants must be provided to the U SAGE prior tocommencement of in-water work. Council authorized the administration to negotiate for the purchase of these nine parcels in Resolutions 2007-041 passed on April 23, 2007, Resolution 2008-096 passed on September 22, 2008, and Resolution 2008-135 passed on December 8, 2008. The restrictive covenant language is included within the USAGE permit, and restricts the development of the purchased properties in perpetuity, binding subsequent owners. The City may not construct any structure, building, improvement or fixture on the properties, other than the levee/road project itself, utilities, fencing, and signage. The City may utilize the property for public use recreational trails and picnic areas. The properties may not be used for commercial, industrial, institutional, or residential development, except as used for the levee/road. The properties may be used for non- motorized, pedestrian, low impact, public use. . CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X 3.8.1.3 -Mitigate Flood Hazards -Secure funding to implement the eornprehensive flood mitigation plan for Resurrection River and Japanese Creek. 3.8.1.4 -Investigate land trades and other mechanisms for acguisition of potentially hazardous lands (relative to floods and saturated soils) 2. Strategic Plan X Page 11 -- Secure funding to implement compreltertsivefbod mitigation plan for...Japanese Creek. Page 16 - Develop a flood mitigation project to protect the runway from flooding. FISCAL NOTE The City of Seward has been awarded a grant from the State of Alaska which can be used to pay the costs of recording the restrictive covenants. The costs of executing and recording the restrictive covenants are considered nominal. There will be a loss in property tax revenue associated with the purchase of these properties, and placement of these properties on the tax rolls. The total loss in tax revenues for al] properties purchased for the North Forest Acres Levee/Road Project is anticipated to be less than $3,200 per year. Finance Department: d~f~2 '~ZGLtI~r~ RECOMMENDATION Council approve Resolution 2009-22 authorizing the city manager to execute and record restrictive covenants on nine lots in the Forest Acres Subdivision for the North Forest Acres Lev mRoad Project. 3`~ A permit t0: D:SCH_ARGE 25,9C0 CUBIC YARDS OF FILL MATERIA'_ INTO ,TAPANESE _ CREEK AN- ACJACENT iPF.TLANDS TG CONSTRUCT A 9,450'LEVEE AND ROAD STRUC=URE. At: THE PROTCT SITE IS ::OCP.TED ADJACENT IO, AND BELOW THE OHWL OF _ JAPANESE CREF,K, -OWNSTREAM FROM DIMOND BOULEVARD TO T°iE SEWARD HIGHWAY, IN SECTIONS 2.7 & 39, T. 1 N., R. 1 W., SEWARD M:RID_ADI, LATITUDE 60.1401° N-, LONGT_TUDE 199.9348° W., IN SEWARD, ALASKA has been issued to: THE CI'~Y OF SF,WAFD, POST GFFICE BOX 167, SEWARD, ALASKA 99669-0157 On: MARCH 1C, 2D09 and expires on: FEBRUARY 28, 20'_4 Permit Number: ~ - rl ` _ _. FOR: g stricf Commander Jack Hewitt POA-2000-52-M1 Project Manager, South Branch Regulatory Division ENG FORM 4336, Jul 81 (33 CFR 320-330) EDITION OF JUL 70 MAY BE USED (Proponent: CECW-O) ~7 United States Army Corps of Engineers JAPANESE CREEK DEPARTMENT OF THE ARMY PERMIT Permittee: CITY OF SEWARD Permit No.: POA-2000-52-M1 JAPANESE CREEK Issuing Office: U.S. ARMY ENGINEER DISTRICT. ALASKA NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Discharge 25,400 cubic yards of fill material into 3.1 acres of wetlands and 0.3 acres of Japanese Creek to construct a 4,450 linear feet levee/road structure. The project includes realigning approximately 900 linear feet of Japanese Creek streambed. All work will be performed in accordance with the attached plan, 6 sheets, dated June 2008. Project Location: The project site is located adjacent to, and below the ordinary high water line of, Japanese Creek, downstream from Dimond Boulevard, to the Seward Highway, within Sections 27 and 34, T. 1 N., R. 1 W., Seward Meridian, USGS Quad Map Seward A-7, Latitude 60.1404° N., Longitude 149.4348° W., in Seward, Alaska. General Permit Conditions: 1. The time limit for completing the work authorized ends on February 28, 2014. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A)) -t- 3~ 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Permit Conditions: 1. Appropriate and effective erosion and sediment controls shall be implemented and maintained before, during, and after construction, until such time as all disturbed areas have been permanently stabilized. 2. Prior to construction activities commencing, the project footprint shall be clearly delineated in the field with survey markers, fencing or other effective means. This marking of the authorized work area shall remain in place until construction is complete. No equipment or work (e.g. stockpiling of overburden, clearing, etc.) is permitted in the wetlands outside of the permit area. 3. Prior to discharging fill material into waters of the U.S., an in-lieu fee of $180,000 shall be paid to the Kachemak Heritage Land Trust as compensatory mitigation for direct and unavoidable aquatic resource impacts to 3.4 acres to Japanese Creek and adjacent wetlands. 4. Prior to discharging fill material into waters of the U.S., the permittee shall place covenants and restrictions on lots DB, DC, DE, DF, DG, SS, RR, OO, and TR4 in North Forest Acres Subdivision as per the "Declaration of Land Use Restrictive Covenants in the State of Alaska", prepared by the City of Seward. See Attachment 1 to this DA permit. The '12 acres of wetlands, removed from the Resurrection River floodplain, are to be set aside as mitigation "in perpetuity" as compensation for indirect impacts associated with construction of the leveelroad, as referenced in these "Restrictive Covenants". Proof of this recording shall be provided to the Corps of Engineers at the following address: U.S. Army Corps of Engineers Post Office Box 6898 Regulatory Division ElmendorfAFB, Alaska 99506-0898 5. Should the conservation andlor land use status of the referenced parcels be altered for any reason, e.g. development of any kind, or challenged by a court of law, such would require modification to this DA permit. The compensatory mitigation values associated with these parcels, set forth in perpetuity, shall be fully accounted for through acceptable and appropriate mitigation efforts directed by the permit modification at that time. Special Information: Any condition incorporated by reference into this permit by General Condition 5, remains a condition of this permit unless expressly modified or deleted, in writing, by the District Engineer or his authorized representative. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges ENG FORM t727, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A)) -2- 3 ~l c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Oesign or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: Tho determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a revaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General Condition 1 establishes a Brno limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. ~ enf ~I Sl~C~ ~~vtl i rG'~vrev~.~~-O ( E MITT E) AND ITL ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE -3- MGvlGli) 2, (DATE) (33 CFR 325 (Appendix A)) 3~ This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. FOR (DIST ICT COMMA DER) LT COLONEL JAMES R. STONE (D TE) JAC HEWITT, PROJECT MANAGER SOUTH BRANCH, REGULATORY DIVISION When the structures or work authorized by this permit are still in existence at the time the property is transferred the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions have the transferee sign and date below. (TRANSFEREE) ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE -4- (DATE) (33 CFR 325 (Appendix A)) ~~ AFTER RECORDING RETURN TO: CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 ATTN: DECLARATION OF LAND USE RESTRICTIVE COVENANTS IN THE STATE OF ALASKA THIS DECLARATION OF LAND USE RESTRICTIVE COVENANTS (this "Agreement"), dated as of March 10, 2009, is giveri by the City of Seward (the "Owner'), an Alaskan home rule municipality, whose address is P.O. Box 167, Seward, AK 99664, as a condition precedent to the federal permitting for construction of the North Forest Acres Levee/Road project by the United States Army Corps of Engineers, an instrumentality of the United States (the "Agency"} whose address is Post Office Box 6898, Regulatory Division, Elmendorf AFB, AK 99506-0898.. WHEREAS, the Owner is the owner of unimproved real property located in the City of Seward, State of Alaska, collectively referred to herein as the "Property" and described as: Lots DB, DC, DE, DF, DG, SS, RR, QQ, and Tract 4 Forest Acres Subdivision, Seward Recording District, Third Judicial District, State of Alaska. WHEREAS, the Owner wants to construct the Forest Acres Levee/Road Project (the "Project") to reduce the risk to human lives and protect against damage of public and private facilities in Seward from future flooding of the Resurrection River and Japanese Creek, and to provide an alternative route for commercial and industrial traffic that currently travels through North Forest Acres in order to protect neighborhood safety WHEREAS, the Agency has required as a condition precedent to permitting for the Project, that the Owner execute, deliver and record in the official land deed records of the recording district in which the Property is located this Agreement in order to create certain covenants running with the land restricting the development of the Property as set forth herein; WHEREAS, the Owner, underthisAgreement, intends, declares and covenants that the restrictive covenants set forth herein governing the development of the Property shall be and are covenants running with the Property for the term stated herein and binding North Forest Acres Levee/Road Declaration of Land Use Restrictive Covenants ~~ upon all subsequent owners of the Property for such term, and are not merely personal covenants of the Owner. NOW, THEREFORE, in consideration of the promises and covenants set out below, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner agrees as follows: SECTION 1 -RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND (a) Upon execution and delivery by the Owner, the Owner shall cause this Agreement and all amendments hereto to be recorded in the official public land deed records of the recording district in which the Property is located. Upon recording, the Owner Agreement showing the date and document numbers of record (b) The Owner intends, declares and covenants, on behalf of itself and all future Owners and Operators of the Property during the term of this Agreement, that this Agreement and the covenants and restrictions set forth in this Agreement regulating and restricting the development of the Property, (i) shall be and are covenants running with the land, encumbering the Property for the term of this Agreement, binding upon the Owner's successors in title and all subsequent Owners and Operators of the Property, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to the Agency and any past, present or prospective tenant of the Property) and its respective successors and assigns during the term of this Agreement. (c) The Owner hereby agrees that any and all requirements of the laws of the State of Alaska to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the land. For the term of this Agreement, each and every contract, deed or other instrument hereafter executed conveying the Property or portion thereof shall expressly provide that such conveyance is subject to this Agreement; provided, however, the covenants contained herein shall survive and be effective regardless of whether such contract, deed or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Agreement. SECTION 2 -REPRESENTATIONS, COVENANTS AND WARRANTIES OF THE OWNER The Owner hereby represents, covenants and warrants as follows: (a) The Owner has the power and authority to own its properties and assets and to North Forest Acres Levee/Road Declaration of Land Use Restrictive Covenants ~l carry on its business as now being conducted, and has the full legal right, power and authority to execute and deliver this Agreement. (b) The Owner may sell, transfer or exchange the Property or any portion of the Property at any time, but the Owner shall notify in writing and obtain the agreement of any buyer or successor or other person acquiring the Property or any portion thereof that such acquisition is subject to the requirements of this Agreement. {c) The Owner will, at the time of execution and delivery of this Agreement, have good and marketable title to the Property free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, or other permitted encumbrances). (d) The Owner warrants that it has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. SECTION 3 -RESTRICTIVE COVENANTS ON USE OF PROPERTY The Owner hereby represents and covenants that neither the Owner, nor any subsequent owner or owners of the Property or any portion thereof, shall undertake or cause to be undertaken within or upon the Property any of the' following: (a) Construction, erection or placement of any structure, building, improvement or fixture on the Property except for the Project itself, utilities, fencing to control access to the Property and/or Project, required signage, and public use recreational nature trails, picnic areas and related signage, (b) Commercial, industrial, institutional and residential development or uses of the Property except to the extent that the public makes use of the completed Project levee road as a thoroughfare through the Property, (c) Access across the Property except: i. Access by the traveling public across the Property via the completed Project levee road, ii. Temporary access as needed to maintain, repair and replace the Project, signage, fencing, utilities and permitted public recreational related improvements, iii. Non-motorized, pedestrian, low impact, public use of the non- levee/road portions of the Property, iv. Temporary access as needed to maintain, repair or replace existing buildings and structures on the Property, or North Forest Acres Levee/Road Declaration of Land Use Restrictive Covenants ,_~ ~~ (d) Construction of any road, sidewalks, trails or streets, except for the Projector construction of recreational nature trails for public use that do not otherwise conflict with the restrictions herein. Notwithstanding any other covenant, term, restriction or condition of this Agreement, the restrictions of this Section 3 are suspended as to the Owner and the Owner's contractors to the extent necessary to design, plan, construct and maintain the Project. SECTION 4 -TERM OF AGREEMENT (a) Except as hereinafter provided, this Agreement and the provisions specified herein shall commence upon execution of this Agreement by the Owner and shall remain in effect in perpetuity unless terminated in writing by the Agency or its successor in interest. (b) Notwithstanding subsection (a) above, this Agreement shall terminate in the event the Project is not completed by March 31, 2019. The intent of this subsection (b) is to eliminate the requirements for restrictive covenants only if the Project fails to be constructed. SECTION 5 -ENFORCEMENT OF RESTRICTIONS (a) The Owner in consideration for receiving federal permitting for the Project, hereby agrees and consents that the Agency shall be entitled, for any breach of the provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce specific performance by the Owner or its obligations under this Agreement in a court of competent jurisdiction. The Owner hereby further specifically acknowledges that the beneficiaries of the Owner's obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. (b) The Owner hereby agrees that the representations and covenants set forth herein may be relied upon by the Agency. SECTION 6 -MISCELLANEOUS (a) The recitals of this Agreement are incorporated herein by this reference as if fully set forth herein. (b) The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof. (c) All notices to be given pursuant to this Agreement shall be in writing and shall be North Forest Acres Levee/Road Declaration of Land Use Restrictive Covenants 4 y3 deemed given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. (d) This Agreement shall not be terminated except as provided herein. This Agreement shall not be amended except in writing containing the signature of the Agency or its successor or assign and no such amendment shall be effective unless the amendment identifies this Agreement and is recorded in the official public lahd records where this Agreement is recorded and the Property is located. To the Agency: ~ o,.~ U.S. Army Corps of Engineers P.O. Box,Q,~ul0.•hr~ Divislar~ EJm¢~q~erAK 9A.iato-08A8 To the Owner: City of Seward Attn: City Manager P.O. Box 167 Seward, AK 99664 IN WITNESS WHEREOF, the Owner has executed this Agreement on the day and year first above written. ••••.•...a.~~ SIGNATURE OF OWNER: ~.~y aP Srt; W,q o~ ~.~G~~G~~oRq~'~.~~OS++ City of Seward, Alaska ~ ~ B ~~ ''.,~t'r o"~.,~i q~:~'',~P.•~ y~ Philli Oates, City Manager ~''•q~ OF A~~;o`p By: can Le is, C ,City Clerk ACKNOWLEDGMENT STATE OF ALASKA North Forost Acres Levee/Road Declaration of Land Use Restrictive Covenants 5 ,~ ~~ ss. THIRD JUDICIAL DISTRICT ) This certifies that on this I ~ day of arc , 2009 before me, a Notary Public in and for said state, personally appeared Phillip Oates, known or identified to me to be the City Manager of the City of Seward, Alaska who acknowledged to me that he executed the within instrument on behalf of the City of Seward by proper authority and for the purposes stated therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~ Notary Public for Alaska ~``~ogt`III~II1P8~gr0 Residing at 4! o ~(G~rns ~'7`~e-c_-y~ ~:`o~o7AR 9,1oI My Commission Expires: -i Z 3 ~aa/, ~ ~~~o~ ~~ w North Forest Acres LeveelRoad Declaration of Land Use Restrictive Covenants 6 ~~ Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE SEWARU POLICE DEPARTMENT'S "RECOVERY ACT: ASSISTANCE TO RURAL LAW ENFORCEMENT TO COMSAT CRIME AND DRUGS: CATEGORY I: COMBATING RURAL CRIME" APPLICATION IN THE AMOUNT OF $300,000 WHEREAS, The American Recovery and Reinvestment Act (ARRA) of 2009 is intended by Congress to stimulate the American economy; and WHEREAS, appropriations have been made to federal agencies through the ARRA in order to help stimulate local economies: and WHEREAS, ARRA presents the City of Seward and Seward Police Department with the opportunity to apply for granted funding, with no match required; and WHEREAS, $2 billion in Recovery Act 2009 funding allocations for state and local law enforcement assistance is available through the Edward Byrne Justice Assistance Grant (JAG) Programs; and WHEREAS, the Seward Police Department's current video surveillance system is a piece of critical city infrastructure and is outdated and in need of expansion; and WHEREAS, the Department of Justice, Office of Justice Programs, Assistance to Rural Law Enforcement to Combat Crime and Drugs Competitive Grant program includes $125 million in funding available through competitive grants. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1: The Seward City Council recognizes the need to upgrade and expand the existing video surveillance system. Section 2: The Seward City Council supports the Seward Police Department's application through the Department Justice, Office of Justice Program, Assistance to Rural Law Enforcement to Combat Crime and Drugs Competitive Grant for $300,000. Section 3: This resolution shall take effect immediately upon its adoption. '-~ Council Agenda Statement Meeting Date: April 13, 2009 To: City Council ~~ 'through: City Manager Phillip Oates From: Chief of Police Tom Clemons Agenda Item: Supporting the Seward Police Department Kecovery act: assistance to Rural Law Enforcement to Combat Crime and Drugs; Category 1: Combating Rural Crime" application in the amount of $300,000 for video surveillance camera system expansion, and upgrades BACKGROUND & .IUSTIFICATION: The American Recovery and Reinvestment Act (ARRA) of 2009 is intended by Congress to stimulate the American economy, presenting the City of Seward and Seward Police Department with the opportunity to apply for granted funding, with no match required_ The application for this grant will be submitted through the Department of Justice, Office of Justice Program. Assistance to Kural Law Enfi~rcemenl to Combat Crime and Drugs, and will consist of a funding request for upgrades to the exiting surveillance camera system for city infrastructure. Expansion of this system will help to improve officer efficiency and enhance public safety, focusing on Intelligence Led Policing ([l,Y) and Community Oriented Policing (COP), both practices strongly encouraged in application instructions. Seward Police Department is requesting city council support through resolution, for a proposal of $300,000. 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 fiscal impact. Approved by Finance Department_~"~„j ~~ ,~c~.,~ RECOMMENDATION: ~ Approve Resolution 2009 ~~Supporting the Seward Police Department Recovery act: assistance to Rttral Law Enforcement to Combat Crime and Drugs; Category 1: Combating Rural Crime" application in the amount of $300,000 for video surveillance camera system expansion, and upgrades. y~ Sponsored by: Oates CITY OF SEWARD, ALASKA Resolution 2009-030 A RESOLUTION OF THE CI'CY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUYYORTING SEWARD POLICE DEPARTMENT "RECOVERY ACT: OFFICE OF JUSTICE PROGRAMS: OFFICE OF JUVENILE JUSTICE AND DELINQUINCY PREVENTION FY 09 NATIONAL YOUTH MENTORING PROGRAMS" APYLICA'I'ION IN THE AMOUNT OF 520,000 WHEREAS, "The American Recovery and Reinvestment Act (ARRA) of 2009 is intended by Congress to stimulate the American economy; and WHEREAS, appropriations have been made to federal agencies through the ARRA in order to help stinmlate local economies: and WHEREAS, ARRA presents the City of Seward and Seward Police Department with the opportunity to apply for granted funding, with no match required; and WHEREAS, the Seward Police Department currently has strong DARE, Youth Court, and Junior Police Academy Programs through which local youth mentoring opportunities could be expanded upon; and WHEREAS, the need exists within the community for an incentive based mentoring program that may be a combined effort of these existing programs; and WHEREAS, the Department of Justice, Office of Justice Programs, .Tuvenile Justice, and Delinquency Prevention program has $44 million in funding available through competitive grants; and WHEREAS, the Recovery Act: Office of Justice Programs: Office of Juvenile Justice and Delinquency Prevention FY 09 National Youth Mentoring Programs grant application is due on April 20, 2009. NOW THEREFORE BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1: The Seward City Cowicil recognizes the need for strong youth mentoring programs within the community. y~ CITY OF SEWARD, ALASKA RESOLUTION 2009-030 Section 2: The Seward City Council supports the Seward Police Departments' application through the Department of Justice, Office of Justice Programs, Juvenile Justice and Delinquency Prevention Competitive Grant for $20,000. Section 3: This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the City Council of the City of Seward Alaska this day 13`h day of April, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) y~ Council Agenda Statement Meeting Date: April li, 2009 To: City Council "through: City Manager Phillip Oates ~` From: Chief of Police Tom Clemons Agenda Item: Resolution 2009-~,S pporting Seward Police Department "Recovery Act: Office of Justice Programs: Office of Juvenile Delinquency Prevention , FY 09 National Youth Mentoring Programs" Application in the amount of $20,000, to expand existing DARE, Youth Court and Junior Officer Academy programs BACKGROUND & JUSTIFICATION: The American Recovery and Reinvestment Act (ARI2A) of 2009 is intended by Congress to stimulate the American economy and presents Seward Police Department with an oppommity to apply for an Office of Justice Programs: Office of Juvenile Delinquency Prevention, FY 09 National Youth Mentoring Programs grant in the amount of $20,000. There is $ 33 million in funding available nationwide through this program, with no match requirement. If awarded funds will be used to expand upon existing strong Drug Abuse Resistance Education (DARE) program, Youth Court, and Junior Police Academy with an incentive based mentoring focus, potentially culminating in a trip to the Alaska Department of Public Safety Academy for outstanding cadets. 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 fiscal impact. Approved by Finance Department~,~~ .~ .r.L~~,-, RECOMMENllAT1ON: ~ j(.7 Approve Resolution 2009- ,Supporting Seward Police Department "Recovery Act: Oflice of Justice Programs: Ofticc of Juvenile Delinquency Prevention , FY 09 National Youth Mentoring Programs" Application in the amount of $20,000, to expand existing DARE, Youth Court and Junior Officer Academy programs. SD Sponsored by: Oates C1TY OF SEWARD, ALASKA Resolution 2009-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE SEWARD POLICE DEPARTMENT'S "RECOVERY ACT: ASSISTANCE TO RURAL LAW ENFORCEMENT TO COMBAT CRIME AND DRUGS: CATEGORY I: COMBATING RURAL CRIME" APPLICATION IN THE AMOUNT OF X75,000 FOR TRAFFIC RADAR ENFORCEMENT EQUIPMENT AND DIGITAL DASH CAMERAS WHEREAS, The American Recovery and Reinvestment Act (ARRA) of 2009 is intended by Congress to stimulate the American economy; and WHEREAS, appropriations have been made to federal agencies through the ARRA in order to help stimulate local economies: and WHEREAS, ARRA presents the City of Seward and Seward Police Department with the opportunity to apply for granted funding, with no match required; and WHEREAS, $2 billion in Recovery Act 2009 funding allocations for state and local law enforcement assistance is available through the Edward Byrne Justice Assistance Grant (.TAG) Programs; and WHEREAS, radars for traffic enforcement and digital dash cameras would help enhance the Police officer's and public's safety; and WHEREAS, the Department of Justice, Office of Justice Programs, Assistance to Rural Law Enforcement to Combat Crime and Drugs Competitive Grant program includes $125 million in funding available through competitive grants; and WHEREAS, the Recovery Act: Assistance to Rural Category 1: Combating Rural Crime grant application is due on April 22, 2009. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1: The Seward City Council recognizes the need f'or new traffic radar equipment and digital dash cameras to enhance public and Police officer safety. ~~ CITY OF SEWARD, ALASKA RESOLUTION 2009-031 Section 2: The Seward City Council supports the Seward Police Departments' application through the Department Justice, Office of Justice Program, and Assistance to Rural Law Enforcement to Combat Crimc and Drugs Competitive Grant for $75,000. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward Alaska this day 13t~' day of April, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ~~ Council Agenda Statement Meeting Datc: April 13, 2009 To: City Council Through: City Manager Phillip Oates From: Chief of Police Tom Clemons U'~~ Agenda Item: Resolution 2009- Supporting the Seward Police llepartment's application for competitive grant through the "Department of Justice; Office of Justice Programs, Assistance to Rural Law Enforcement to Combat Crime and Drugs: Category I Combating Rural Crime" program, in the amount of $75,000 for Traffic Enforcement Radar Units and Digital Dash Cameras BACKGROUND & JUSTIFICATION: The American Recovery and Reinvestment Act (ARRA) of 2009 is intended by Congress to stimulate the American economy and appropriations have been made to federal agencies through the ARRA in order to help stimulate local economies. Available funding presents the Seward Police Department with the opportunity to apply for a grant of $75,000 for purchase of nine Traffic Enforcement Radar Units and Digital Dash Cameras, equipment used during traffic enforcement work and general policing situations. If awarded this grant will help improve officer efficiency and enhance public safety, focusing on Intelligence Lcd Policing (ILY) and Community Oriented Policing (COP), both practices strongly encouraged in application instructions. No match is required for this grant. Nationwide the Department of Justice, includes $125 million in funding available through competitive grants. 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 fiscal impact. Approved by Finance Departmenl_~_s~~s~~i,t_ RECOMMENDATION: Approve Resolution 2009-'~~~fSupporting the Seward Police Department's application for competitive grant through the "Department of Justice; Office of Justice Programs, Assistance to Rural Law Enforcement to Combat Crime and Drugs: Category I Combating Rural Crime" program, in the amount of $75,000 for Traffic Enforcement Radar Llnits and Digital Dash Cameras ~3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE SEWARD POLICE DF,PARTMENT'S "RECOVERY ACT: ASSISTANCE TO RURAL LAW ENFORCEMENT TO COMBAT CRIME AND DRUGS: CATEGORY IV: FACILI'TA'TING RURAL JUSTICE INFORMATION SHARING "APPLICATION IN THE AMOUNT OF $170,000 FOR THE PURCHASE OF A DIGITAL STORAGE UNIT, PROGRAMMING, NETWORKING, AND MOBILE DATA TERMINALS WHEREAS, The American Recovery and Reinvestment Act (ARRA) of 2009 is intended by Congress to stimulate the American economy; and WHEREAS, appropriations have been made to federal agencies through the ARRA in order to help stimulate local economies: and WHEREAS, ARRA presents the City of Seward and Seward Police Department with the opportunity to apply for granted funding, with no match required; and WHEREAS, $2 billion in Recovery Act 2009 funding allocations for state and local law enforcement assistance is available through the Edward Byrne Justice Assistance Grant (1AG) Programs; and WHEREAS, the Seward Police Department has no integrated digital system capable of storage and communication both within the department and with cooperating law enforcement agencies; and, WHEREAS, the Department of Justice, Office of Justice Programs, Assistance to Rural Law Enforcement to Combat Crime and Drugs Competitive Grant program includes $125 million in funding available through competitive grants; and WHEREAS, the Recovery Act: Assistance to Rural Law Enforcement to Combat Crime and Drugs: category IV: Facilitating Rural Justice Information Sharing grant application is due on April 22, 2009. NOW THEREFORE BE IT RESOLVEll BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: 5'~ CITY OF SEWARD, ALASKA RESOLUTION 2009-032 Section 1: The Seward City Council recognizes the need for Seward Police Department to be digitally capable and interactive, both with storage of information and communications between agencies. Section 2: The Seward City Council supports the Seward Police Department's application through the Department Justice, Office of Justice Program, and Assistance to Rural Law Enforcement to Combat Crime and Drugs Competitive Grant for $170,000. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward Alaska this day 13`~ day of April, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 5~ Council Agenda Statement Meeting Date: April 13, 2009 To: City Council FiQ Through: City Manager Phillip Oates From: Chief of Police Tom Clemons Agenda [tern: A resolution of the Seward City Council supporting Seward Police Departmeuts "Recovery Act: Assistance to Rural l,aw Enforcement to Combat Crime and Drugs; Category IV: Facilitating Rural Justice Information Sharing" application in the amount of $170,000 for the purchase of a digital storage unit, programming, networking and mobile data tcrninals BACKGROUND & JUSTIFICATION: The American Recovery and Reinvestment Act (ARRA) of ?009 is intended by Congress to stimulate the American economy and presents Seward Police Department with an opportunity to apply fora "Recovery Act: Assistance to Rural Law Enforcement to Combat Crime and Drugs; Category IV: Facilitating Rural Justice Information Sharing" application in the amount of $170,000 for the purchase of a digital storage unit, programming, networking and mobile data terminals. This grant program is specifically geared toward helping police departments to upgrade technologically and become interactive throughout stales and nationwide. $2 billion in Recovery Act 2009 funding allocations for state and local law enforcement assistance is available through the Edward Byrne Justice Assistance Grant Program. The Cily of Seward and Seward Police [7epartment have the opportunity to apply for this grant funding, with no match required. 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: "I~here is no fiscal impact. Approved by Finance Department ~~.~~~rf,,,k/,t~ RECOMMENDATION: ~. Approve Resolution 2009-~~upporting Seward Police Departments "Recovery Act: Assistance to Rural Law Enforcement to Combat Crime and Drugs; Category 1V: Facilitating Rural Justice Infornation Sharing" application in the amount of $170,000 for the purchase of a digital storage unit, programming, networking and mobile data terminals. ~~