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01222018 City Council Packet
Seward City Council Agenda Packet Railroad Dock January 22, 2018 City Council Chambers Beginning at 7:00p.m. 1963 1965 Zoos The City of Seward, Alaska baftal CITY COUNCIL MEETING AGENDA AID -America city II, F {Please silence all cellular phones during the meeting} January 22, 2018 David Squires Mayor Term Expires 2019 Marianna Keil Vice Mayor Term Expires 2018 Ristine Casagranda Council Member Term Expires 2018 Sue McClure Council Member Term Expires 2019 Erik Slater Council Member Term Expires 2018 Suzi Towsley Council Member Term Expires 2019 Jeremy Horn Council Member Term Expires 2019 James Hunt City Manager Brenda Ballou City Clerk Will Earnhart City Attorney 7:00 p.m. Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None . Chamber of Commerce Report . City Manager Report......................................................... Pg. 3 . City Attorney Report . Other Reports and Presentations — None 7. PUBLIC HEARINGS [Those who have signed in will be given the first opportunity to speak. Time is limited to 5 minutes per speaker. Anyone wishing to speak a second time may do so only after all other persons have spoken, and then for I minute.] A. Resolutions Requiring Public Hearing 1. Resolution 2018-004, Authorizing The City Manager To Enter Into A New Lease With Exit Marine, LLC For Lot 4 Block 4 Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2017-13 Seward Recording District, Third Judicial District, State Of Alaska................................................................................... Pg 8 City of Seward, Alaska Council Agenda January 22, 2018 Page I 8. NEW BUSINESS A. Resolutions * 1. Resolution 2018-005, Adjusting The Contract Amount Of Resolution 2017-011 For National Metering From $178,684 To $198,847, And Appropriating Funds. ....Pg 61 *2. Resolution 2018-006, Adopting The Port And Commerce Advisory Board Priorities From February 2018 To February 2019..............................................................Pg. 87 *3. Resolution 2018-007, Retroactively Amending The 2017 Budget To Account For Additional Sales Tax To The Hospital Fund Based On Additional Collections And Closing Out Completed Proj ects At Year -End, And Appropriating Funds . ....... Pg. 89 *4. Resolution 2018-008, Authorizing The Seward Public Utilities To Allow A Delay Of Up To Six Months In The Effective Date Of The Water And Sewer Tariffs To Correct The Classification For Some Customers Incorrectly Billed Metered Water And Sewer Rates Rather Than Standard Monthly Rates......................................Pg. 93 B. Other New Business Items * 1. Approval of the January 8, 2018 Regular Meeting Minutes................................Pg. 95 *2. Non -objection to the renewal of the following liquor license: #5356 Restaurant/Eating Place — Public Convenience for Zudy's Cafe ................................................... Pg. 103 *3 . Non -objection to the renewal of the following liquor license: # 177 Beverage Dispensary — Tourism for Breeze Inn................................................................Pg. 112 *4. Non -objection to the renewal of the following liquor license: # 1130 Beverage Dispensary for Thorn's Showcase Lounge.......................................................Pg. 123 5. Non -objection to the renewal of the following liquor licenses: #5288 Brewpub — Seasonal for Seward Brewing Company and #5287 Restaurant/Eating Place — Public Convenience for Seward Brewing Company..........................................Pg. 132 & 141 6. Non -objection to the renewal of the following liquor license: #4617 Beverage Dispensary for Chinooks Waterfront.................................................................Pg. 150 7. Discuss Travel Authorization Reports (pre -travel) and Travel & Expense Reports (post -travel) . ............................................................................................................................................................. Pg. 159 8. Discuss sending one or more council members to electric utility training . ...... Pg. 161 9. Discuss City Projects and Goals........................................................................Pg. 167 9. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. November, 2017 Financial Reports for the City of Seward ............................Pg. 168 B. City Clerk Email Adopting Lettering System for City of Seward Ballot Propositions andQuestions..................................................................................................Pg. 187 10. COUNCIL COMMENTS 11. CITIZEN COMMENTS 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION A. Go into Executive Session to evaluate the City Attorney. 14. ADJOURNMENT City of Seward, Alaska January 22, 2018 Council Agenda Page 2 2 CITY OF SEWARD P.O. Box 167 Seward, AK 99664 MANAGER'S REPORT DECEMBER 29, 2017 — JANUARY 12, 2018 Jim Hunt, City Manager Telephone (907) 224-4047 Facsimile (907) 224-4038 The following purchase orders between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: None ADMINISTRATION • Wellness Committee Meeting • Personal time off • PACAB Meeting • Safety Meeting • We continue to work with our D.C. lobbyist in an effort to homeport two CG Fast Response Cutters in Seward HARBOR • Conducted meetings with Hamilton Construction and R&M for the Breakwater project on 01 /04/ 18, 01 / 12/ 18 and 01/18/18. • Breakwater Project is complete. We are waiting on the final surveying report from Hamilton. • The Harbor has completed the 2018 tenant moorage renewals. • The boat lift schedules for the harbor side have slowed down. • Hamilton Construction has sent the City a construction schedule for change order #8, North Dock cell wall, adding a tail wall, anodes and new fender piling, installing a 10-ton crane on the North Dock, installing a 15' floating dock, widening the 330 ton Travelift pit, and heating the wash down pad, with a completion date of April. • The Harbor is preparing for the 2018 Polar Bear Jump on January 271h. • PACAB has finished the SMIC development plan. • The 330 ton Travelift is currently up and running. The City portion is finished. Hamilton Construction is finishing working the Travelift pier. • The engineering and design for the South Harbor Launch Ramp replacement project has closed. They will be scheduling a meeting of all parties soon. This portion of the project is fully funded by ADF&G. • The harbor Wi-Fi is up and running. FINANCE • The finance department has been testing modifications to the utility billing system to prepare for the January tariff changes which will create a new Cost of Power Adjustment charge on electric bills, replace the fuel cost adjustment, implement the mandatory minimum 150 kilowatt hour bills for electric customers, and modifying reports to compute the new COPA. In addition, staff is preparing letters to customers affected by tariff changes, and participating in utility billing system training. We continue working with external contractors to prepare for the mass meter exchange project taking place in May. • Staff have been responding to public records requests and are finalizing the 2018-2019 operating and capital budget book. • Software upgrades have been completed in preparation for year-end processing of W-2s and 1099s. • Preparation is underway to close the books for 2017 and to begin preparation for the annual audit slated for the end of March. 4 • Staff has provided training on due to/from computations with the community health center, and is preparing to close the year-end grant for the CHC. • Purchase orders are being closed for any funds unencumbered as of year-end, and staff is assisting all departments with creations of new POs for the new fiscal year. ELECTRIC DEPARTMENT • The electric department is waiting for the arrival of materials to finish the lagoon project. Once the materials have arrived the crew can complete the switch -over. GCI will continue to occupy the space until this spring as they are unable to do some of the work in winter conditions. • The electric department is ordering some additional meters for the meter exchange to ensure that we have enough of each type. We have enough of the residential meters, but there are several varieties of commercial meters. The delivery time could be as much as 6 weeks. • ARCTEC has hired GDS to complete the Unified System Operator (USO), or equivalent model in the Railbelt. GDS, along with the utilities, will be meeting with the RCA and other interested stakeholders over the projected next six months in Anchorage to develop a plan to achieve increased reliability and regional planning. • The City of Anchorage announced that a vote will go to the people considering the sale of the City's electric utility (Municipal Light and Power - ML&P) to Chugach Electric for the cost of $1 Billion. It is unclear yet how this may affect the City of Seward's power purchase costs. PUBLIC WORKS • Director: On January 1 St through 3rd we had the second of three "super moons" with high tides. This time the winds from the south died down a few hours prior to high tide. Then the waves flattened out nicely and the storm surge was minimal. This was the largest of the three tides but caused no new damages. The third and last of the "Super Moons" occurs January 31 St and is also a "Blue Moon". A blue moon occurs whenever there is a second full moon in one month. This happens about once every 2 1/2 years. We are making progress with the funding and engineering to do the Lowell Point Road repairs. The Governor has not signed the emergency declaration yet but we are expecting that soon. More details to come in the next week or two. • Water, Wastewater Utilities: We had one water line leak out at SMIC. We were able to stop it and isolate the problem for now. We will do a dig for repairs this Spring. The water tower refurbishment project is on track and should be ready by March to bid out for construction. • Streets: Crews are still sanding throughout the wet and slippery weather we are having. We expect snow through the weather reports but keep getting rain instead. The street department will keep ready either way. • Shop: Normal wear and tear along with Preventive Maintenance at the shop right now. No major equipment repairs are in the works. • Buildings: We are installing electric power monitoring devices on several buildings to get real time usage date to help determine improvements and repairs to make to reduce the amount of power consumed especially on older heaters and appliances. We are also continuing to replace old lighting with LED lighting as practical. 4 k" High tide over the sheet pile wall at the SeaLife Center 01/02/18 PARKS AND RECREATION Parks Maintenance & Campgrounds: • Continued snow and ice maintenance. • Many locals and visitors enjoying Waterfront Park, the bike path, Branson Pavilion, and the playground on the sunny days. • Second Lake ice rink maintenance. Many users! • Warehouse organizing and cleaning. • Christmas light and decoration repair and maintenance. • Preparing for upcoming 2018 camping season (Port -a -Potty RFP, T2 Systems updates, caravan reservations etc.) • Research plow truck prices and after -market conversion plow prices. Teen Rec Room: • Videos, computer games, music, healthy snacks, corn -hole matches, etc. 5 6 Teen & Youth Center: • Wrapping up 2017 reports • Staff attended training on RAD (Reactive Attachment Disorder) • Training Staff continues. • Coordinating K — 6 grades `School's Out' Day Camp on January 15 and February 8 & 9 • Planning Summer camps • Kids Carnival preparation January 27 from 2-4 pm at the AVTEC Gym • Winter holiday camps provided quality recreation to +25 kids daily. Sport & Recreation: • Urbach's Youth Basketball: seeking and training coaches; recruiting players. Kids' Jamboree for grades K to 6tn • Adult sports leagues now forming: volleyball, basketball, racquetball, rock wall. • Recruiting sports officials and volleyball officials' clinic. • Archery begins Wed, January 17. • Summer races' coordination. 6 7 - - �-_ ._ __ _- --� _ _ - __ _ - r _ �. - - - -- -� _ - �. � _ 3 � z ems. � __ ��; � �� �� - _ �-�` _� "®- 7 8 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH EXIT MARINE, LLC FOR LOT 4 BLOCK 4 FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NO. 2017-13 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of real property described as Lot 4 Block 4 Fourth of July Creek Subdivision; and WHEREAS, Exit Marine, LLC submitted a proposal to lease Lot 4 Block 4 Fourth of July Subdivision for a boat repair yard; and WHEREAS, the Council adopted Resolution 2017-043 recommending that the Kenai Peninsula Borough approve the replat of City owned land of Lot 4 Block 4 Fourth of July Creek Subdivision, which is now complete; and WHEREAS, Exit Marine is currently conducting a boat repair business at Lot 4 Block 4 with under a one year lease approved by Council in resolution 2017-042; and WHEREAS, Exit Marine has an approved Storm Water Prevention Pollution Plan from DEC as required; and WHEREAS, the City Manager has negotiated a long term lease agreement with Exit Marine under the provisions of Seward City Code 7.05.410; and WHEREAS, the lease request is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Council has determined that the essential terms and conditions and the method disposition of the proposed lease with Exit Marine, LLC for the real property described as Lot 4, Block 4, Fourth of July Subdivision, located in the City of Seward, is in the public's best interest. Section 2. The City manager is authorized to execute a new lease with Exit Marine, LLC in substantially the form as presented at this meeting. 8 CITY OF SEWARD, ALASKA RESOLUTION 2018-004 Section 3. This resolution shall take effect thirty (30) days after its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of January, 2018. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA David Squires, Mayor 9 10 Agenda Statement Meeting Date: January 22, 2018 To: City Council Through.- Jim Hunt, City ManaZ'ger From: Norm Regis, Harbor -raster Agenda Item: Exit Marine, LLC New Lease at Lot 4, Block 4, Seward Marine Industrial Center BACKGROUND & JUSTIFICATION: Council approved in Resolution 2017-012, effective September 12, 2017, a one-year lease to Exit Marine of Seward Marine Industrial Center Lot 4 Block 4 for purposes of conducting a marine repair business while pursuing a replat of the parcel to accurately describe a site for a long term lease. Now that the platting process is complete, Exit Marine is requesting a twenty-year lease with two five year options to extend for Lot 4 Block 4 Seward Marine Industrial Center. In anticipation of a long term lease, but knowing that it is not guaranteed,, Exit Marine has done extensive ground work and paid for electrical infrastructure to be installed at the site prior to the ground freezing, and has complied with all Code and policy requirements. Exit Marine: a.) Has a DEC approved SWPPP plan on file (AKR06AF2 1) as required. b.) Shall continue to comply with all Seward City Code requirements. The City Council has previously determined that land at SMIC is available for lease. INTENT: To approve a long term lease between the City of Seward and Exit Marine, LLC on Lot 4 Block 4 Fourth of July Creek Subdivision within the industrial zoning District,, Seward Marine Industrial Center for boat repair operations. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): This lease meets the plan X goals to develop SMIC as a major industrial area of the community. Strategic Plan (document source here).- Attract New Industry: 2. Develop an aggressive marketing campaign which highlights the diverse X resources, and quality of life that make Seward a great place to live and establish a business or industry. (Page 5) 3. Other (list): 10 W FISCAL NOTE: The annual lease rate, based on 8% of appraised market value is $7,200.00 plus tax. The next periodic reappraisal of the parcel will be in 2020. Approved by Finance Department: •� ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2018-004 authorizing the City Manager to approve a new lease with Exit Marine, LLC. m 12 LEASE AGREEMENT between CITY OF SEWAKll, ALASKA Exit Marine, LLC Effective Date: ,2018 12 13 TABLE OF CONTENTS ARTICLEI - LEASED LAND ............................................................................................. ....... 3 1.1 Description QfLeased Land ................................................................................... 3 1.2 Covenant ofQuiet+/joyment; Warranty qTi f tle ................................................... 3 1.3 Res`....#...##r.r.................i...................r......r............................................................................................................... 3 1.4 Property Accepted ................................................................................................... 4 1.5 Permits .................................................................................................................... 4 1.6 Platting .................................................................................................................... 4 1.7 Development of Leased Land 4 ARTICLE2 LEASE TERM ...................................................................................................... 5 2ALease Term .............................................................................................................. 5 ARTICLE3 - RENTAL RATE ................................................................................................... 5 3,1 b7itial Rental Rate .................................................................................. ................. 5 3.2 Rental Adjustments .................................................................................................. 5 3.3 Procedurejbr Rental Adjustment ............................................................................ 6 3.4 �f ,fect of Late Appraisal by CITY ............................................................................ 6 3.5 Appraisal by LESSEE .............................................................................................. 6 3.6 Rental Rate .................................................................. 7 Eff�ctive Date ofAdjusted .. 3.7 Interim Rental justm71nt ............ ........... 7 3.8 Late Payment Charge .............................................................................................. 8 ARTICLE 4 - USE OF LEASED LAND .......................................................... a......................... 8 4.1 Use ofLeased Land .......................................................................................... b ...... 8 4.2 Obligations of LESSEE .................................................... ....................................... 8 4.3 No Preferential Rights to Use Public Facilities ...................................................... 8 4.4 Adequacy ofPublic Facilities ........................................................ bb ....................... 8 4.5 Tarif ,) and Other Service Fees ............................................................................... 9 4.6 Time for' Payment of Utilities and Taxes .............. . ................................................. 9 4.7 Other Uses ............................................................... 9 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS .......................................................... 9 5.1 Utilities .................................................................................................. b ................. 9 5.2 Third -Party Improvements ................ boo ........ 10 ,5.3 Easements .............................................................................................................. 10 ARTICLE 6 - CONSTRUCTION BY LESSEE ....................................................................... 11 6.1 Improvements on Leased Land ...........................4................i............................... 11 6.2 ............ bb .................................................................. CiReview ofConsiruction.. ty 12 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS .......... 12 7. t Return qfLeased Land in Original Condition .... b ........................................ O&O4600op 12 ARTICLE8 - FORCE MADE URE ............................................................................................ 12 ARTICLE 9 - LESSEE' S ACTS OF DEFAULT ..................................................................... 13 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE ................................................. b. 14 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ........................ 15 11. 1 Real Property Improvements ........ ................ 6 0 46 6. 0 00 0 000 me 4*0 a 09 00 0 w. 9.. & &4 6 .. 15 13 14 I1.2 Pe/soma/ Property ............................................................. ................................... l6 ARTICLE 12- ASSIGNMENT OR SUBLEASE .-,','~~--_,_~,~_,'.,.,..'.~__`_''l6 12.I Assignment ofLease or _.'—._._._.'.'.''-....'.l6 12.2 for Security '...—'.—'..—._—.-._`__-....-.__.l6 12] Assignment to Affiliate ............. .._'_-.'..-_'_`_..— 17 ARTICLE 13 - LESSEE'S DUTY TO DEFENDANDEMNIFY ...~..,..,......~.............. 17 ARTICLE 14 ~ CITY'S DUTY TO ...^.^.^,..^..^..^~.....,......,.... 17 ARTICLE 15- INSURANCE .-_`—_`'.....'_.--..'_.''-''.---.--'-.-'__'_.--_l7 15.I Minimum Insurance Requirements ............................................ ................... ... l7 15.2 Subrogation B/ghtsN7����..—_.-.-_-.'_'_`.--''—_..__-.'.__.'._.-l@ ARTICLE 16- CONDEMNATION ......................................... ................................................ lg ARTICLE 17- ARBITRATION `—.~-...'—..''—~—.-..-..---'...-..-..._`l9 17.1 Arbitration ............................................................................................................. }9 ARTICLE 18- MAINTENANCE AND REPAIRS .'—.-_—.__''_-.--.._'—._...-2O 18.1 Normal Maintenance .................................................................... ........................ 28 18.2 Sc�/»/ssmues ................................. ........................................................................ 2l 18.3 Cost ofRepairs ............................................. ........................................................ 2l ARTICLE 19- ENVIRONMENTAL CONCERNS .. 22 19.1 Hazardous Materials .,'_-.--.-.,-,_,.'_`,,'.-_._.._'._~_'__~_`_.-.22 192 Permits and Reporting —....'.'-...-...'.'--...'_..-.—._......'_.24 ARTICLE 20-ESTOPPEL CERTIFICATES .,..'.~_.`...._-._`-.-.-_...'.-25 ARTICLE 21- CONDITIONS AND ...............................................................25 ARTICLE 22-NO WAIVER OFBREACH ..........._`-.'-._'.___'_'_-'''-.-.—_`_'.'25 ARTICLE 23-TIME 0FTHE ESSENCE .............................................................................. 25 ARTICLE 24- COMPUTATION OF TIME ........................................................................... 25 ARTICLE 25- SUCCESSORS 8NINTEREST ....................................................................... 25 ARTICLE 26-ENTIRE ..........__._'-__'____'_________''__..'''25 ARTICLE 27- GOVERNING LAW ......... .......................................................... ~.-............. 26 ARTICLE 28'PARTIAL INVALIDITY ...'~..._'~_._—..._,~.-..~_.—'~..-,~.-.~..~~26 ARTICLE 29 - RELATIONSHIP OF PARTIES ...................................... ............................. 26 ARTICLE 30- INTERPRETATION —,..—,.,_—_.,,_—.'-'~_.~',__.'_._._..26 ARTICLE 31 - CAPTIONS ............. `_`-.'.-..'....-'..—_-.'...._.'—.'_`'26 ARTICLE 32- AMENDMENT '—''-.'.._'-.'-.._...',,__—_~..~.--_'.._26 ARTICLE 33'NOTICES .............................. -................ -.......... ........................ '''.__`'''27 ExhibitA-PezmuoolGoorantee ExhibbB- Environmental Plan ExMbi C-Lessed Parcel 2 14 15 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF 0 SEW RI (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, who's mailing address is P.O. Box 167, Seward, Alaska 99664 and Exit Marine, LLC (the "LESSEE"), an Alaska corporation whose mailing address is 281 S Conquest Circle, Wasilla, Alaska 99623. VVIIERFAS, LESSEE has indicated its desire to lease the property known as Lot 4, Block 4. Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2017-13 recorded in the Seward Recording District, Third Judicial District,, State of Alaska,, consisting of approximately 39,577 square feet, more or less; and WHEREAS,, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS,, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE I - LEASED LAND 1.1 Descr*tion of Leased Land, The Leased Land 'is located in the City of Seward, Alaska. 1P The Leased Land is described as follows: Lot 41, Block 4. Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2017-13 recorded in the Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 39,577 square feet, more or less. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the .F date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Reserved. 3 15 Me 1.4 Property Accepted "As -is. " LESSEE acknowledges that it has 'inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications,, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body 'ble therefor an application for conditional use permits zoning and re -zoning, responsi I tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or penrnit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward,, according to the Charter, ordinances, resolutions,, or any regulation, rules, or procedures of the City of Seward. Nothing M' this Section. imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Enviromnental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting nth the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the plattin g or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions,, easements,, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. 1.7 Development ofLeased Land. LESSEE shall continue operate a vessel storage and maintenance facility through the term of the lease. LESSEE understands that construction and operations of its marine -related business is a maj or consideration for the 4 16 17 CITY's agreement to the lease the Leased Land to LESSEE. LESSEE shall not operate any other wuelated business on the Leased Land without the consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which,, in CITY's sole discretion is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Seward Marine Industrial Center. ARTICLE 2 - LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authoriLzation in Resolution No. 2018- the "Resolution"). The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on March 14, 2037. LESSEE shall have the right to extend the term of this LEASE for two additional five (5) year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease teen; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30., 2018, the annual rental rate for the Leased Land shall be set at $7,200.00. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one -quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental,4djustments. The annual rental payment shall be adjusted on July 1, 2020, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The 5 17 18 adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be detenrnined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To ad . ust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified NW appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market RenW Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance With the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not he effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified NIAI appraiser (Member, Appraisal Institute) at LESSEE's rot 18 19 expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY 6 writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal deten nines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the of to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2018 and on July I of every year thereafter (each on "Interim Rental Adjustment Date") in an arnount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=1 00 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the 7 19 20 relevant period, and make whatever adjustment in its application as may be necessary, m the CITY's sole discretion, to accomplished as nearly the sarne result as if the CP1 had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximwn rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be 'in the public interest. LESSEE may use the Leased Land for boat storage and boat repair work, 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition,, that is, the condition existing prior to this LEASE or in better condition upon tertnm*ation of this LEASE. b) LESSEE agrees to prohibit the use, keepm*g, storage,, or disposal of Hazardous Materials on the Leased Land except as pennitted in Article 19 of this LEASE. C) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE may operate a boat repair and boat storage business on the Leased Land. e) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses 'Intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations 20 21 or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs regulations, and scheduled fees from time to time even if those ad ustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities,, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However,, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such over sizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of 9 21 22 oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate,, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time,, execute and deliver, or join m* execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements"),, all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, I, to the conditions that. a) All such matters shall be limited to the Lease Tenn and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Terin shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be witbout expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. C) At the expiration of the Lease Term (including any extended period) third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands it may be necessary, desirable,, or required that street, railroad, water, sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consid eration for this LEASE CITY and LESSEE each shall at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several govenimental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of loeating, or relocating any 10 22 23 public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests f r e relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITE need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE .1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. d LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. e Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than. FIFTY THOUSAND DOLLARS , 0 , LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and egprnent of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10. .990 or Alaska ffin.ited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall 11 23 24 be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 Cityreview of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewm*g the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk., responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements,, rights -of hts-of-way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return ofLeased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE,, subject to normal, non -abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arisffig out of or resulting from or occurring during LESSE E's operations or use of the Leased Land during this LEASE. ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot,, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such per fonnance is to occur shall be extended by that amount of time necessary to compensate for the delay. 12 24 25 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Seetion 4.1, for a period of thirty (30) days after Witten notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain un-disrm*ssed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, of the State of Alaska and the City of Seward, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE,- provided, however, if such violation be such that it cannot be corrected within the applicable period it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or admiistrative channels, the time period specified herein shall not commence until such proceedings are finally detennined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or 13 25 26 judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any fights and remedies that may be given to CITY by statute., common law,, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall 'Include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Unifonn Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; C) Recover from LESSEE,, whether this LEASE be terminated or not, reasonable attorney' s fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on. breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased 14 26 27 Land, expenses of reletting, *including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid., f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE Without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's Whieh arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each fight and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or other -wise. 10.7 No delay or omission to exercise any fight or power accruing followm-g an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or fironm the same, such as buildings, warehouses,, conveyor systems, ditches, sewer lines, water lines, dikes or 'berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 15 27 28 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove,, in no event later than ninety (90) days from the tennination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the 'individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY'prior written consent, in CITY's sole discretiorl. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument., to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, With notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provi&d, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relets the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default four which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under .Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other y further assign, transfer, or dispose of assertion of its security interest, Lender may its 'interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 16 28 29 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company M* which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify, and hold harmless CITY, its officials, employees, agents,., and contractors from any and all liability or claims for damages, including personal injuries, environmental daynage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees,, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials,, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indenmify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEES occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all in3unes and/or deaths resulting to any one person and TWO MILLION DOLLARS ($25000. 000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance covi erage n the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability 'insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily inJ'ury and property damage. 17 29 30 LESSEE shall also maintain ONE MILLION DOLLARS ($ 1,000,000) of Ship Repairers Liability Insurance including "hot work" coverage and pollution liability coverage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the 'industry. Such factors as changes in the type of or extent of use of the Lease Land,, *increases in the cost of living!, inflationary pressures, and other considerations,, shall be utilized in assessing whether the m-inimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by *insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall ftwnish CITY,, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted bylaw, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers, or others working on behalf of the CITY. This provision shall be applicable and in fall force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of 18 30 0 LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any govemment agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condenming or taking authority for the amount of any darnage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condenuiing authority,- provided, that in the event of a single award to CITY which 'Includes specific damages for loss of LESSEE' s leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condenmation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemni*ng of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice,, and such tennination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17-1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than FIFTY THOUSAND DOLLARS ($50,000) (exclusive of 'Interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total SUM OT value in controversy, as alleged by the party making such demand or answering statement, 19 31 32 is not more than FIFTY THOUSAND DOLLARS ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute, or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than FIFTY THOUSAND DOLLARS ($50,000). The costs and expenses of arbitration shall be shared equally by the parties,, and each party shall bear its own attomey's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and sumlar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. C) Written notice of requests for arbitration of disputes may be served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer M' Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration!, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence 'in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record,, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 - MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land,, including i any mprovements placed thereon by LESSEE, in as good condition as PM 32 33 received or constructed by LESSEE, subject to normal, non -abusive use, CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, M' order to prevent erosion, mitigate darnage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution,, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE' s operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations if the report requires repair then LESSEE shall pay the cost of the report and perfonn such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations 21 33 34 therefrom,, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 - ENVI[RONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole -cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fmes, judgrnents, liabilities, settlements, damages., costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE,, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land, or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY' s sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup,, removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. C) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as i's necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material pennitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked,, or emitted-, any material into the atmosphere, ground, ground water, sewer system,, or any body of water, if such material as reasonably determined by the City, or any gc vemmental. authority) does or may, pollute or contaminate the satne, or may adversely affect the (a) health, 22 34 35 welfare,, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements,, damages., costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses) of whatever kind or -nature, known or unknown, contingent or otherwise, arising out of or in any way related to: The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal Miury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; ixi Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims,, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the teen of this LEASE; and (2) arise, in whole or in part, from the use of, operations on,, or activities on the Leased Land by LESSEE or LESSEE' s predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives,, subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the 23 35 019 transactions contemplated herein and shall survive the termm'ation of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material 'is any substance which 'is toxic, 'Ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste,, hazardous waste,, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE,, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the envirom-nent, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resouree Conservation and Reeovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 19809 the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Envirwimental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any pennit or Envirom-nental. Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and -notice, including copies of all reports between LESSEE and 24 36 37 any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee,, a statement in writing certifying that this LEASE is unamended and in full force and effect or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as 11covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this LEASE or to exercise any night or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE,, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms, covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 - ENTIRE AGREEMENT 25 37 38 This LEASE contam*s the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement,, or prop se made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void,, or unenforceable,, the remainder of the provisions shall remain in fall force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of Joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationsl-tip of lessee and lessor. ARTICLE 30 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles, paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. hereto. ARTICLE 32 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties we 38 39 ARTICLE 33 - NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Exit Marine, LLC 281 S. Conquest Circle Wasilla, Alaska 99623 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION LESSEE shall, at its sole cost nsk, and expense, provide fire deteet'on and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are mim'mized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation, The parties agree that with the rapid expansion of technology M* the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five (5) years. 27 39 40 IN WITNESS VVHEREOV, the parties hereto have set their hands and seals the dates herein set forth. CITY: CITY OF SEWARD Jim Hunt, City Manager Date: ATTEST: Brenda Balloul-, City Clerk 28 LESSEE: EXIT MARINE, LLC Mikel Saunders, Owner Date: 6210-- tm' 3 _` Ig 40 41 STATE OF ALASKA )SS. THIRD JUDICIAL DISTRICT The foregoing 'instrument was acknowledged before me this day of 2018, by Jim Hunt, City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT The foregoing instrument vas acknowledged before me this SrSr5 day of� 2018, by Mil el Saunders who executed the foregoing document on behalf of Exit Marine, LLC Notary Public"i n and. for Alaska My Commission Expires: 10 -'Z--'( W, 41 42 ■ w '• 1 ti t 0.0 - m low40 �� 175 ft F 'AW'"b. 4 •a I �. 210 t► r 4 ft«• .� . GUG�A T r • ` 1 y r 42 43 O o x C - N °c D 30m� C 3' to 'ay O 0 o D y 3 "� C o a a A M I E T /V I S< I I fD D OaaooN 0, o° C7 I I 3 o a -3 m I j m = = v a �] m a y o CD E o ° I I y 3 O m coy EF y ID y y. 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A sL*ny To am mm micc Tkc gmcwTipm or TWE PnPERrp- imi v- *tcmm,f]3 R}tN7# la QWjTRnTl*W d) Tpt.&CT &1 1$ & SE*VKE RULD COES51 MD ull-Urp EA.Mvbd. iiiarm WSW-TED TO LESIEE75, ON Cir sLwMm, me arma; mpmaRz[ip PtItUMNEL s) irho s 3 u mom mi, rs " j rr i r a r4[ Orr or Se*"*Ml S. 24 M-i MC pm MA k � aw sm OT 'QK WONUMENTATION BAKf-R CAP CUME CAP ullmc CAP rail -�Z- lkaju -3r 1, %-Sic .:Ml 11 major kAirw_ W an 7r" MRIM ew -w sAr m xr ciwp D�l .7n stbldr.' t I W I 199J6 • A LEGEND —Q.W. EAW VUUMC I HIS .0 - um e,-.w Ozn PLA t ip I — Ali Owl lip 1 - I Ii as b pmt lb* FOURTH or 4ULY -CREEK SUODIWISJON sailw9utd, - SF -WARD MOHNE IL'401.15TRIAL CENTER EXIT MARINE RE PLAT Cma"� W M mod Lml 4. De-ck d - ZAkTiLimraO il.84 Amw IL KAtwu mmm & w 3. pmo if FDUUW 'hr k&i ME K lummamm, aiwm &ww raffmL ammm LZ E:FU I- � at ;C I L- - ,L: ;Lbl Lmmi-w Wm Im 3ffqkjm Mw jllffll� N I'llc a Ill. Val N E11111101 Ilk 1`1111. ' 111. °ter® UMEMiR "ATRL MMXM Illm -211114A 1116111audim SEWAR13 R-ElaRDIM DISTFOCT .Owma1 WY OF IllEwblit V. & am 107 LunA A mle[Was" Inc, p 5:0 Cc rJ4 1% wip" - sw& 14 mahm AMIN" KPIE- 'I '100' lal ru- WTq W.. -cl Zp 17 46 I A m: jc 4 SIM rr 1 I or RMECT 1: 117-11M 0 0 FILE: L 1 ? i &5wp. dvq, P" PV* Na 21N Ir- i 5fli 47 Exhibit B PERSONAL GUARANTEE To induce the City of Seward,, P.O. Box 167, Seward, AK 99664 (" City") to enter into a Lease Agreement with Exit Marine., LLC, 281 S Conquest Circle, Wasilla, Alaska 99623 effective September 14, 2017, the undersigned personally guarantees payment of all obligations of Exit Marine as described In the Lease Agreement. The Lease Agreement covers the following real property: Lot 4. Block 4. Fourth of July Creek Subdivision, Seward Marine Industrial Center,, Kenai Peninsula Borough, Plat No. 2017-13 recorded in the Seward Recording District, Third Judicial DistrictState of Alaska, containing approximately ,, 39,577 square feet, more or less. agree to provide the City With written notification of any changes in my address, and acknowledge that any notice required to be given by the City will be effective if mailed to the address shown below or such changed address on file with the City. .may guarantee is absolute and unconditional. Upon default of Exit •Mafine under the Lease Agreement, I agree to immediately become liable for Exit Marjne�s obligations. The City need not seek performance, payment, and collection from Trust before seeking payment from me. If more than one person guarantees payment, I agree to be jointly and severally liable with all other guarantors for payment. Dated this C>-,7; day of (3 i 2017. Signed in my individual capacity as guarantor.- Mikel Saunders Exit Marine, LLC 281 S Conquest Circle Wasilla,, AK 99623 47 48 THE STATE Of LASKA GOVERNOR BILL WALKER 1/2/2018 Department of Environmental Conservation DIVISION OF WATER Wastewater Discharge Authorization Program 555 Cordova St Anchorage, Alaska 99501-2617 Main: 907.269.6285 Fax: 907.334.2415 Company: Exit Marine LLC Facility: ATTN: Laura E Schneider Exit Marine LLC PO Box 3752 3408 Morris Ave Seward AK 99664 Seward AK 99664 Permit Number: AKR06AF21 This email/letter acknowledges that you have submitted a complete Notice of Intent form to be covered under the APDES General Permit for Stormwater Discharges for Multi -Sector General Permit Activity (Multi -Sector General Permit) . The Permittee is authorized to discharge storm water under the terms and conditions of this permit seven (7) calendar days after acknowledgement of receipt of the permittee's completed NOI is posted on ADEC's Storm Water Permit Search website: (http://www.dec.state.ak.us/Applications/Water/WaterPermitSearch/Search.aspx). Coverage under this permit begins seven -days from the "Date Issued" on the Water Permit Search website. As stated above, this letter acknowledges receipt of a complete Notice of Intent. However, it is not an ADEC determination of the validity of the information you provided. Your eligibility for coverage under the Permit is based on the validity of the certification you provided. Your signature on the Notice of Intent certifies that you have read, understood, and are implementing all of the applicable requirements. An important aspect of this certification requires that you correctly determine whether you are eligible for coverage under this permit. As you know, the Multi -Sector General Permit requires you to have developed and begun implementing a Stormwater Pollution Prevention Plan (SWPPP) and outlines important inspection and record keeping requirements. You must also comply with any additional location -specific requirements applicable to your state or tribal area. A copy of the Multi -Sector General Permit must be kept with your SWPPP. An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http://www.dec.state.ak.us/waterZwnpspc/stormwater/index.htm. For tracking purposes, the following number has been assigned to your Notice of Intent Form: AKR06AF21 If you have general questions regarding the stormwater program or your responsibilities under the Multi -Sector General Permit, please call William Ashton (907) 269-6283 Thank you for using the ADEC eNOI system. May 2015 48 For Agency Use 49 Permit#: AKR06AF21 Notice of Intent (NOI) For Storm Water Discharges Associated With Industrial Activity Under the APDES Multi -Sector General Permit Submission of this completed Notice of Intent (NO I) constitutes notice that the operator identified in Section I of this form requests authorization to discharge pollutants to waters of the United States from the facility or site identified in Section III under Alaska's APDES Multi -Sector General Permit (MSGP) for industrial storm water. Submission of this NOI constitutes your notice to DEC that the facility identified in Section III of this form meets the eligibiIityconditions of Part 1.1 of the MSGP. Please read and make sure you comply with all eligibility requirements, including the requirement to prepare a storm water pollution prevention plan. Refer to the instructions at thee nd of this form to complete your NO I. Section (.Operator Information Organization: Contact Person: Exit Marine LLC Laura E Schneider Mailing Street (PO Box): Address: PO Box 3752 City: State: Zip: Seward AK 99664 Phone: Fax (optiona 1): Email: (907) 671-7022 laura.schneider@mac.com Section II. Billing Contact Information Organization: Contact Person: Exit Marine LLC Laura E Schneider Mailing Street (PO Box): Address: PO Box 3752 City: State: Zip: Seward AK 99664 Phone: Fax(optional): Email: (907) 671-7022 laura.schneider@mac.com Section III. Facility Information Faci I ity Name: Exit Marine LLC Have storm water discharges from your site been covered previously under an APDES or NPDES Permit? ❑ Yes 0 No a. If Yes, provide the Tracking Number. b. If Yes, have you paid a Multi -Sector General Permit (MSGP) authorization fee for this calendar year?[ —]Yes ❑ No ❑ N/A c. If No, was your facility in operation and discharging storm water prior to September 29, 2013? [:]Yes 0 No [—]N/A d. If No to "c", did your facility commence discharging after September 29, 2013 and before the [—]Yes [E]No[:]N/A effective date of this permit? Street: Borough or similar government subdivision 3408 Morris Ave Kenai Peninsula City: State: Zip: Location Seward AK 99664 Address: Latitude: Longitude: Determined By: 60.0866-149.3474 0 GPS ❑ USGS Topogra phi c Map ❑ other If you used a USGS Topographic map, what was the scale? Estimated area of industrial activity at your site exposed to storm water:? .9 (acres) Is this a federal facility? Yes ❑ No p 1+Zj MSGP N01 (May 2014) Pagel of 4 50 For Agency Use Permit #: AKR06AF21 Section IV. Discharge Information if i Does your fa ci I ity di scharge i nto a Muni ci pa I Separate Storm Sewer System (MS4)? ❑ Yes 0 No If yes, name of the MS4 Operator: Receiving Water and Wetlands Information:(if additionaIspace isneeded for this question,filloutAttachment1.) a. What is the name(s)ofyour receiving b. Are anyofyour c. If you answered yes to question b, then answer the following three questions: ii. Are the iii. Has the TMDL water(s) that receive storm water directly discharges directly and/or through a MS4? into anysegmentof pollutants) causing been completed for If your receiving water is impaired then an "impaired" water? i. What pollutant(s) are causing the the impairment the pollutant(s) identifythenameoftheimpaired impairment? presentin your causingthe t I' bl ' th discharge? impairment? segmen ,app ica e, i" pare" ess foI lowing the receiving water na me. Yes No Yes No Yes No Fourth of July Creek ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Federal Effluent Limitation Guidelines and Sector -Specific Requirements a. Are you requesting permit coverage for any storm water discharges subjectto effluent limitation ❑ Yes 0 No guidelines? h_ IfvPr._ which PffluPnt Iimitatinn guir]PlinPc, annivtnvnurstnrm water riir,chargP? 40 CFR Part/Subpart Eligible Discharges Affected Check if MSGP Sector applicable Part411, Subpart C Runoff from material storage piles at cement manufacturing E ❑ facilities. Runoff from phosphate fertilizer manufacturing facilities that Part418, SubpartA comes into contactwith any raw materials,finished products, by- C ❑ products, or waste products (SIC 2874). Part423 Coal pile runoff atsteam electric generating facilities. O ❑ Part429, Subpart I Discharges resulting from spray down or intentional wetting of A El logs at wet deck storage areas. g g Part436, Subpart B, C, or D Mine dewatering discharges at crushed stone mines, J ❑ construction sand and gravel mines, or industrial sand mines. Part443, SubpartA Runoff from asphalt emulsion facilities. D ❑ Part445, Subparts A & B Runoff from hazardous wasteand non -hazardous wastelandfills. K, L ❑ Part449, SubpartA Runoff from Air Transportation S ❑ Ifyou area Sector S (Air Transportation) facility, doyou anticipate using more than 100,000gallons of ❑ Yes El No glycol -based deicing/anti-icing chemicals and/or 100tons or more of urea on an average annual basis? Identify the 4-digit Standard Industrial Classification (SIC) that best represents the products produced or services rendered for which your facility is primarily engaged, as defined in MSGP: 3731 Identify the applicablesector(s) and subsector(s) of industrial activity, includingco-located industrial activity, for which you are requesting permit coverage: Sector Subsector R - R1 Sector I Subsector II Sector I Subsector Is your site presently i nactive or unstaffed? El Yes 0 No a. If Yes, is your site expected to be inactiveand unstaffed for the entire permit term? ❑ Yes ❑ No b. If No to "a", then indicatethe length of time that you expect your facilityto be inactiveand unstaffed: Section V. Storm Water Pollution Prevention Plan (SWPPP) Contact Information SWPPP Contact Name: Email: Laura E Schneider laura.schneider@mac.com Phone: URL of SWPPP(if applicable): (907) 671-7022 50 MSGP N01 (May 2014) Page 2 of 4 For Agency Use 51 Permit #: AKR06AF21 Section VIII. Certification Information certify under penalty of lawthat this document and all attachments were prepared under my direction or supervision in accordancewith a system designed to ass urethat qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons direct I yresponsi blefor gathering the information, the informations ubmitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant pena I ties for submitting fa Ise information, inc I uding the possibi I ity of fine and imprisonment for knowi ng vi of ati ons. Laura E Schneider Printed Name Signature Page Signed by: Laura E Schneider Site Manager Title 01 /02/2018 Signature Date Exit Marine LLC laura.schneider@mac.com Organization Email Section IX. NOI Preparer (Complete if NOI was prepared by someone other than the certifier.) Laura E Schneider Site Manager Printed Name Title Exit Marine LLC (907) 671-7022 Organization Phone laura.schneider@mac.com Email Section X. Document Attachments Documents attached with this application: 2018 Exit Marine SWPPP.pdf Attachment A - General Location Map.pdf Attachment B - Site Map.pdf Attachment C - Additional SWPPP Documentation.pdf MSGP NOI (May 2014) Page 3 of 4 N V) N cuo LL Q Q O (0 LL L Q E O cn L �J U L Q L cr N U C6 Q Ln L 0 E L� i Ln V) ai N C6 i U— r-I E U Q N In c w r-. 000000 000 ❑ ❑ �7A z N L Q O O Ln El El El El El El El El El El El = U Q a..+ N 4-j 0 1:1 El El 1:1 El 1:1 1:1 1:1 El F—I CA ' z � Q bLA a U _0 c O v E O a) El 1:1 1:1 El El El El El El El El }, N Q U ._ >. aj L i a-j O O i a..+ L ate--+ C6 E L_ Q O N O a-j � a� 4A .N � U N � O L L N � c6 O O Q }' L O � z El 1:1 El El El El 1:1 1:1 El 1:1 El >- aj W a� L 41 � � N Ln N � � Q Q O C 1:1 1:1 1:1 1:1 1:1 El El El El El El v C: -0 -0 c6 N a) ai U O W ' aJ L +� ra O � O O QJ ` m v a L U i Q Q m E Q O— N — Qj N E O E m L E co L S a.d L � Q s +' N L E > 0 dJ 0, 4J U N LO v a,o 53 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LEASE AGREEMENT FOR UP TO ONE YEAR WITH EXIT MARINE, LLC FOR LAND AT THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, Exit Marine, LLC is currently working in the City's boat storage yard located at the Seward Marine Industrial Center (SMIC) and wishes to extend their business long term; and WHEREAS, Exit Marine, LLC desires a long term lease and has initiated the plat process for a parcel of land located at SMIC; and WHEREAS, the plat process takes a minimum of several months, and the company wishes to continue operating their business while the replat is taking place, and WHEREAS, Exit Marine LLC would like to lease this parcel for up to one year or until a long term lease can be negotiated and approved by the City Council upon final approval of the plat; and WHEREAS, the lease request is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Council approves the agreement to lease approximately 41,055 square feet to Exit Marine, LLC. The term of the agreement shall not exceed one year and such short- term lease shall not be considered a commitment by the City to approve any subsequent lease. Section 2. This resolution shall take effect 30 days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of August, 2017. 53 54 CITY OF SEWARD, ALASKA RESOLUTION 2017-042 THE CITY OF SEWARD, ALASKA dean Bardarson, Mayor AYES: Casagranda, Keil, Squires, McClure, Altermatt, Slater, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: G� � Jo a Ki y, MMC CiAA4� C (City Seal) '$V%66r444r8,,,`i OF SE&VCi 00s 0ft4 •i 41 to G • so :•: SEAow L 46 �ti. rF OF Nr-p,s••� 507486\ 1002\00628599 1 54 55 Agenda Statement Meeting Date: August 14, 2017 To: City Council Through: Jim Hunt, City Manage From: Norm Regis, Harbormaster Agenda Item: One Year Lease, Exit Marine, LLC Approximately .942 acres of Land at SMIC BACKGROUND &. JUSTIFICATION: Exit Marine, LLC is starting a new boat repair business in Seward. The business has the necessary financing to develop the approximately .942 acre proposed lease site located in the northeast portion of the City Storage yard at the Seward Marine Industrial Center. Exit Marine desires long term lease of this site, but the replat necessary to create the lease parcel will take a minimum of several months. In order to be operational this season Exit Marine wishes to enter into a month to month lease of up to one year in anticipation of a long term lease after the plat process is finished. Attached Exhibit A shows the parcel. Exit Marine would like to have the electric utilities in the ground prior to winter, and understands that if the Council does not approve the future long-term lease that any funds spent installing the in -ground electrical service are not refundable. The purpose of this lease is to allow Exit Marine use of the land for the time necessary to complete the platting process in anticipation of a long term lease which may or may not be approved by the Seward City Council. INTENT: To approve a month to month agreement for up to one year to lease land to Exit Marine, LLC at SMIC. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): This lease meets the plan X goals to develop SMIC as a major industrial area of the community. g p J Y Strategic Plan (document source here): Attract New Industry: 2. Develop an aggressive marketing campaign which highlights the diverse X resources, and quality of life that make Seward a great place to live and establish a business or industry._(Page 5) 3. Other (list): FISCAL NOTE: 55 56 The rent is S600.00 per month plus tax. The lease rate is based on the ?Ol 5 appraisal of a nearby parcel, with increases since that time based on the Consumer Price Index. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 1-017- authorizing the City Manager to approve a one-year lease with Exit Marine, LLC. 56 57 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2017-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA., RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE CITY OWNED FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER (SMIC), EXIT MARINE REPLAT; CREATING A NEW LOT TO BE KNOWN AS LOT 4, BLOCK 4, EXIT MARINE REPLAT, LOCATED WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Lang and Associates has prepared and submitted a preliminary replat of City owned Block 4, Fourth of July Creek Subdivision; and WHEREAS, the replat is to be known as Lot 4, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC) Exit Marine Replat; and WHEREAS, this platting action subdivides Lot 3, Block 4, Fourth of July Creek Subdivision, SMIC, creating a two (2) new parcels; to be known as Lot 4 and the remainder as Lot 3A, Block 4, involving approximately 11.850 acres; and WHEREAS, the properties of this replat are located within the Industrial Zoning District (I); the minimum lot size and lot width as required by City Code have been met; and WHEREAS, Exit Marine has requested a long-term lease of the area to be known as Lot 4, Block 4; and WHEREAS, Block 4 is currently serviced by private roads, some municipal water, sewer, electric and other utilities; therefore no subdivision installation agreement shall be required; and WHEREAS, the replat protects and provides easements for existing and planned utilities and access throughout the replat area; and WHEREAS, City staff have reviewed, commented and voiced no concerns with the Fourth of July, SMIC Raibow Replat; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing on July 18, 2017 and approved P&Z Resolution 2017-10, recommending Council and the Kenai Peninsula Borough approve the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Exit Marine Replat to the Kenai Peninsula Borough; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat Lapproval, were met; the property owners and leaseholders within 300 feet of the requested replat 57 58 CITY OF SEWARD, ALASKA RESOLUTION 2017-043 were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, in accordance with Seward City Code Section 16.01.015 (B), no preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough for approval without prior consent of the City Council. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Exit Marine Replat to the Kenai Peninsula Borough. Section 2. This resolution shall take effect 30 days after passage and posting as required by Seward City Code§ 7.05.145. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 14th day of August 2017. THE CITY OF SEWARD, ALASKA VA j7 can Bardarson, Mayor AYES: Casagranda, Keil, Squires, McClure, Altermatt, Slater, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: J hanna Kinn , MMC City Clerk City Seal).•` A OF sexy �•,�, ;'f•• p �Rq '•• '� :� •co ��•. O �. ._._ • ot SEAL .•� to • go *0 i %._ 41 • ! ► •• �.. �. �. �♦ QF �� �"' •. 59 Council Agenda Statement Meeting Date: August 14, 2017 To: City Council Through Jim Hunt, City Manager Ron Long, Assistant City Manager From: Jackie C. Wilde, Planner Agenda Item: Resolution 2017-043 recommending City Council and Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Exit Marine Replat BACKGROUND & JUSTIFICATION; Attached for the Council's review and recommendation to the Kenai Peninsula Borough is a preliminary plat submitted by Lang and Associates on behalf of Exit Marine. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." This replat is located within the Seward Marine Industrial Center (SMIC). This platting action subdivides Lot 3, Block 4, Fourth of July Creek Subdivision, SMIC, Raibow Replat creating two (2) parcels to be known as Lot 3A and the new Lot 4, Block 4, involving approximately 11.85 0 acres. The properties of this replat are located within the Industrial Zoning District (I); the minimum lot size and lot width as required by City Code have been met. The new Lot 4 will be under a long-term lease to Exit Marine. When the platting action is completed the lease agreement with Exit Marine will be brought before the Council for approval. The Planning and Zoning Commission held a public hearing on On July 18, 2017 and approved resolution 2017-10, recommending City Council and Kenai Peninsula Borough approve of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Exit Marine Replat. SUBDIVISION REVIEW: Zonxn The replat is within the Industrial Zoning District. Current development surrounding this replat includes the Vigor Industrial, Communications North and the City boat storage yard parcels. Utilities: The replat area is currently serviced by private roads, some municipal water, sewer, electric and other utilities are available; no subdivision installation agreement shall be required. Existinm Uses: Block 4 currently contains the private Lot 1 A, owned by Pat Marrs, Communications North. Lot 2 is currently leased by Raibow Fiberglass & Boat Repair, LLC. The large Lot 3 includes the SMIC Harbormaster Building and the City's boat storage yard. 59 60 CITY OF SEWARD Agenda Statement — Resolution 2017-043 Page 2of2 Flood Zone: The area is within a Flood Zone D. which are areas of undetermined flood hazards. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 2017) 3.5 Port and Harbor Development (page 15) 1. Section 3.5.1.1 Encourage the growth and development of an efficient, X functional harbor that meets Seward's commercial and recreational needs. 2. Strategic Plan (1999) X Seward City Code: 16.01.015. Conditions to plat approval. 3. b) No preliminary plat of city -owned property may be submitted to the X Kenai Peninsula Borough planning commission for approval without the prior consent of the city council. Seward Marine Industrial Center Development Plan (April 2008): 4 Land Use (page 5) X 1. Maintain accurate maps through the survey and plat amendment for all current and future leases. (Development) Staff Comments: All staff and administration concerns have been addressed and all City department heads recommend approval of this preliminary replat. Fiscal Note: Replat costs were paid by Exit Marine in preparation of long term lease agreements. Approved by Finance Department: _x4a4d� ATTORNEY REVIEW: Yes No X NIA RECOMMENDATION: Approve Resolution 2017 043 recommending Kenai Peninsula Borough approval of the Fourth of July, Seward Marine Industrial Center, Exit Marine Replat, subject to the condition listed in the resolution. 60 61 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADJUSTING THE CONTRACT AMOUNT OF RESOLUTION 2017-011 FOR NATIONAL METERING FROM $178,684 TO $198,847, AND APPROPRIATING FUNDS WHEREAS, at the February 12, 2017 regular meeting the City Council authorized a sole source contract with National Metering Technical Services to switch out all the meters in the utility service area for an amount not to exceed $178,684; and WHEREAS, through no fault of the contractor and due to technical, logistical and resource reasons, the work did not take place in May and June, 2017 as scheduled; and WHEREAS, the City requested a quote for the same work to take place in 2018, and National Metering on September 8, 2017 provided a base quote of $172,340 which, with 10% contingency, would be a not -to -exceed amount of $189,574, or $11,262 more than the previously approved contract amount; and WHEREAS, the City recognized that there are significant advantages to both customers, the utility, and the Finance Department if the work can be accomplished in one regular billing cycle, and National Metering Technical Services was asked to revise the September 8, 2017 quote to reflect working five 10-hour days instead of four 10-hour days per week to expedite the exchange faster to coincide with the billing cycle; and WHEREAS, National Metering Technical Services, on December 1, 2017, provided the attached quote with a base amount of $180,770, which with 10% contingency is a not -to -exceed amount of $198,847, or $20,163 more than the previously approved contract amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THAT: Section 1. The City Manager is hereby authorized to modify the agreement with National Metering Technical Services to switch out all electric meters in the Seward Electrical Service Area using the revised schedule and price, and perform other work related to the project, in substantial form as presented at this meeting. Section 2. Funding in an amount not to exceed $20,163 is hereby appropriated from the Electric Enterprise Fund undesignated reserves account no. 15000-0000-3400 to the contracted services account no. 15000-3009-7009. Section 3. This resolution shall take effect immediately upon adoption. 61 62 Agenda Statement Meeting Date: January 22, 2018 To: Seward City Council Through-. Jim Hunt, City Manager 4 From-. John Foutz, Electric Utility Manager Agenda Item: Revise the sole source agreement with National Metering Technical Services for utility -Wide electric meter exchange to work five I O-hOLir days a week instead of four I 0-hour days a week BACKGROUND &,JtTSTIFICATION: a Through Resolution 2017-011 the Electric Utility contracted with Natiorml. Metering Technical Services to switch out all the electric meters in the utility service area in May and June 2017, for an amount not to exceed $174.684. The work did not take place in 2017, through no fault of the contractor. and the contractor was asked to provide a quote to do the same work in 2018. That came in at a not to exceed amount of $189,574 including contingency. Logistically all meters must be e xc hanged at the same time due to cost efficiencies, and to minimize disruptions to customers and to the billing department. Having National Metering work five I 0-hour days a week instead of four will accomplish the exchange within one billm'g month cycle instead of overlapping billing cycles. - which would complicate the change out to a level that may make the project unfeasible. Finance staff requires assistance from the utility billing software vendor to automate the meter "change to minimize billing errors, so a single transition will enhance efficiency, save cost, better serve customers, and reduce errors. To accomplish this work in one billing cycle results in a cost increase of $8,901, added to the 2018 quote to bring the total contract price with contingency not to exceed $198,847, a total increase of $20,163 over the 2017 amount. INTENT: Authorize administration to change the contract schedule and price approved in resolution 2017-011 to have National Metering crews work five I 0-hour days per week instead of four I 0-hour days per week to further ensure that the work is accomplished within one billing cycle. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (1.3, 3.7.3.1, 3.7.3.2): Continue to upgrade and I. expand utilities to meet existing needs and encourage future X devel2ement. 2. Strategic Plan : The mission of the City of Seward government is to X provide guality leadership and economic wellbe!its citizens 3. Other (7ist): X 62 63 FISCAL NOTE: The revised proposed cost for meter installation is now $180,770 with a 10% contingency., for a total cost not to exceed $198,847. Additional project -related costs may be incurred for advertising., electricians and meter testing/prograrnming equipment, as well as for billing software automation assistance. The City saved an estimated $354,000 to $654,000 by not having to purchase the meters. The electric utility expects to use monies previously received from Chugach Capital credits to fund this project. Approved by Finance Department: 10 ATTORNEY REVIEW: Yes No— X Not Applicable RECOMMENDATION: 'Re so i 0.� b 0% 2. o t s --- C�n S Authorize the it Manager to modify the agreement with National Metering Technical Services to an amount not to exceed $198,847, and appropriating funds. 63 64 CITY OF SEWARD SEWARD ALASKA NATIONAL METERING METER INSTALLATION BID This is an AMI Meter Installation Bid dated September 8, 2017 and revised December 1 for National Metering & Technical Services, LILC ("NMTS- Contractor") to provide meter services in the CITY OF SEWARD ("Utility") service territory. I. Services Provided by Contractor Scope of Services. National Metering & Technical Services, LLC (Contractor) to provide Journeymen Metermen and Meter Technicians on the AMI Implementation Project at City of Seward. This project will be for the installation of approximately 2,800 electric revenue meters in the City of Seward service territory. 2. Contractor Responsibilities This is a performance -based per meter quote based upon an estimated number of 2,800 meters. The Contractor will provide qualified meter personnel as per the following: 0 Journeymen Metermen and Meter Technicians who are qualified to change out three phase and single phase meters. 0 Proper equipment and tools for both single and three phase meter exchanges. Company vehicles and fuel necessary for the period of this project. Vehicles will prominently display signage indicating Utility and Contractor with logo on both sides of vehicle. Magnetic placards (i.e., door magnets) or its equivalent shall be used in this regard. NMTS uses Field Square software to manage scheduling and work management system. Data will be transmitted to Utility in requested format to include csv., dat., pdf, or Excel. File transfer will be done within 48 hours of meter exchange. In addition, any safety or service wiring concern will be noted. Voltage will be taken at every meter installation. Information may include any obvious/visual evidence of tampering that has occurred prior to meter change -out visit; and reasonable details of any safety issues encountered. If conditions appear to be unsafe or a diversion is evident, Contractor's installer will not remove the existing meter and will contact Utility's designated point of contact as described therein in policies and procedures. This information can be provided to Utility on a weekly basis in a PDF or Excel format to be used as a maintenance tool for repairs. 65 I City of Seward Responsibilities Utility shall provide the following: All meters involved in the AMI project All seals, locking meter rings, covers, etc. required to change out meters • Door hangers Notification to City of Seward electric customers of AMI Deployment • Any route keys or special tools needed for access to all meters Staging areas at Utility locations for meters, seals, rings, etc. • A service location and customer database listing in an Excel electronic format of all meters to be changed out. This information to include customer name, address, GPS location if available, form number, meter number, account number, customer phone number, key or access information to include meter reader notes or route information. • If required, badges and hard hats with Utility logos for customer identifications • Utility will be responsible for the recycling or disposal of old meters. 4. Schedule Recommend duration of installation AMI Meter Exchange to start aeprioxmately May 2018 — end of June 201 Revised start aaTe -OT'Apr-11 i f witm A -(,z)) Ten our work week for accelerate d-p--F—ojec-t ffbiffi-Op le 11on. 2800 Meter installation (est. 6 weeks or less to complete) Contractor assumes for this project that there are no blackout dates and no special allowance in scheduling is necessary. 5. Terms of Payment a) Fees. City of Seward shall pay National Metering for the Services in accordance with the fee schedule attached as Attachment UCIT. b) Invoice and Report. Commencing one week from Contract Start Date, National Metering shall submit to the City of Seward Representative an invoice for fees for the immediately preceding week as described in Attachment g4c". c) Payment of Invoice. The City of Seward Representative shall verify and approve each invoice and shall arrange for payment with approval occurring in 3-5 business days. Should there be any disputed portion of a given invoice City of Seward will pay the undisputed portion without hindrance. 6. Insurance 6.1. Minimum Covera e. Before commencing the Services, National Metering shall obtain, at its own expense, the following insurance coverage: 66 (a) Workers' Compensation and Employer's Liability coverage in accordance with the statutory requirements in the jurisdiction where the Services are performed in the minimum amount of $1 million per occurrence; (b) Commercial General Liability for bodily injury, death and property damage in the minimum amount of $1 million per occurrence, naming City of Seward as an additional insured with respect to the Services. (c) Professional liability insurance in the minimum amount of $1 million per occurrence, and (d) Automobile liability on all vehicles used by National Metering in connection with this Agreement in the minimum amount of $1 million per occurrence in respect of bodily injury, death and property damage. 67 ATTACHMENT A SCOPE OF SERVICE 1. General 1.1. Installation of single phase and polyphase electric meters in the City of Seward service area. 2. Key Deliverables and Schedule Contractor shall perform the following Services as described: 2.1. PROJECT RESPONSIBILITIES General a. Contractor shall supply union skilled labor electric meter installation equipment and related personal protective equipment necessary for meter exchange. Contractor is responsible for providing company vehicles and fuel necessary for the period of this contract. b. Change Management: Contractor must follow mutually agreed upon process for approval of any changes to contract, project scope, schedule, cost and quality. Contractor Responsibilities a. Contractor shall be responsible for scheduling and paying for its assigned work force. b. "Work Gays" may be anytime between Monday — Saturday between 6:00 a.m. to 6:00p.m PST. Contractor may work (4) ten hour days or (5) eight hour days with overtime designated as any hours worked beyond normal work schedule and above 40 hour work week. Overtime requires National Metering and Utility approval prior to working. C. Contractor shall schedule all National Metering installers. d. Contractor assumes for this project that there are no blackout dates and no special allowance in scheduling is necessary. e. Vehicles will prominently display signage indicating Utility and Contractor with logo on both sides of vehicle. Magnetic placards (i.e., door magnets) or its equivalent shall be used in this regard. f. Contractor will stay on designated roadways and customer ingress surfaces unless off road access to poles is required. 68 9. After turnover from Utility, Contractor shall be responsible for all meters provided to Contractor until such meters are installed at the scheduled location or returned as provided for herein. h. Contractor will gather the assigned service and meter information in connection for each meter installation in an electronic format mutually agreed to by both Parties and forward to Utility via a csv file or other file format within 48 hours of meter exchange. L Contractor shall provide installation services as defined in the Installation And Removal Checklist (Attachment B) and in accordance with requirements stated below: Verification of location/premise and meter type o Voltage test of meter socket Old Meters • Out Reads • Meter Number • Digital image of old meter in service; New Electric Meter- • In Reads • Meter Number • GPS Location • Digital image of new meter placed in service Photos are searchable by meter number and can be incorporated into service information as well as separate JP G file. * Details of any obvious/visual evidence of tampering that has occurred prior to meter change -out visit; and * Reasonable details of any safety issues encountered. If conditions appear to be unsafe or a diversion is evident, Contractor's installer shall not remove the existing meter and shall contact Utility's designated point of contact as described therein. If Contractor's personnel is unable to perform an installation due to access issues, its installer shall leave a door hanger (provided by Utility), informing the customer that an Electric Meter installation attempt was made and advising the customer that an appointment must be scheduled to perform the installation. Such door hanger shall provide a phone number that the customer should call for appointment purposes. For avoidance of doubt, meter exchange cost will be charged each time National Metering & Technical Services visits customer's service for the meter exchange. Every effort will be made by National Metering employees to change out meter the same day the service was visited by National Metering employees. If more than two attempts to 69 customer site are required that are out of National Metering's control (meter bases burned up, outages, blocked meters, refusals, no access, etc.) the task of scheduling and changing customer's meter will be turned over to City of Seward. 2.2. PROJECT STANDARDS Complaint Resolution ■ All complaints, whether received in the field or via telephone shall be documented, and addressed. ■ Contractor will investigate, in a timely fashion, any customer's complaint. If at the conclusion of the investigation it is determined, in the reasonable belief of Contractor,, that Contractor is solely responsible for the damage giving rise to the complaint; Contractor will compensate the customer for the damage caused by Contractor. However, if complaint is not Contractor's responsibility, the complaint will be turned over to Utility for resolution. Incident Prevention Contractor shall make reasonable commercial efforts to prevent any incidents within the following categories relating to its installation of electric meters hereunder: a) fire; b) damage to equipment or facilities; c) production loss; d) environmental damage; e) breach of security; and f) health and safety. 70 ATTACHMENT B ELECTRIC METER INSTALLATION AND REMOVAL CHECKLIST PROCESS I. Installation Requirements for Electric Meters A. All necessary personal protective equipment ("PPE"), including secondary gloves rated for the voltage or higher and at least category 1 arc rated clothing shall be worn any time a potentially energized meter base is opened. Arc rated face shields shall be worn while working on voltages above 240 volts nominal. This includes checking voltage. B. All meter bases shall be inspected for hazards prior to opening. Hazards include, but are not limited to: ■ Obstructions such as tripping hazards, shrubs, animals, etc. ■ Damage to the meter base, such as rust, holes, burned marks, dents, broken or missing glass, meter base falling away from a structure, etc. ■ Arcing or buzzing sounds coming from the meter base. If this condition exists, Contractor shall contact Utility immediately. Signs of tampering such as, cover damage due to prying, existing meter installed upside down, etc. Contractor's installer shall contact Utility designated point of contact immediately if there is evidence of any such hazard. C. If the inspection reveals a condition that may be a hazard and cannot be corrected by Contractor's personnel, Utility shall be notified by Contractor to address the hazard. No attempt to remove or install a meter shall be made until all hazards have been addressed. D. Voltage checks shall be performed to verify that the meter being set is the correct meter for the installation. E. All installations shall be sealed with a Utility approved seal before leaving the meter base. F. No energized meter base shall be left open and unattended. G. Once the meter base is opened, a thorough visual inspection shall be performed to reasonably determine whether any hazard exists. Hazards include, but are not limited to: a. Burn marks, signs of arcing or odors related to either; b. Cracked mounting blocks; 71 c. Signs of loose connections; d. Discolored or rusted connections; e. Insulation melted or cracking; f. Signs of tampering; and g. Any other abnormal condition H. If a hazardous condition arises during the removal of a meter, such as a lug or conductor breaking loose from an insulated mounting block, no attempt shall be made to re -install existing meter or install the new meter. Contractor shall contact Utility contact person immediately. No energized meter base shall be left open and unattended. 72 ATTACHMENT C Terms of Payment UNIT PRICE - Includes all labor and expenses, travel expenses, mobilization. Meter cost will be charged each time National Metering & Technical Services visits customer's service. Every effort will be made by National Metering employees to change out meter the same day the service was visited. If further additional visits to customer site are required that are out of National Metering control (meter bases burned up, outages, blocked meters, refusals, etc.) the task of scheduling and changing customer's meter may be turned over to City of Seward. Does not include additional transportation to remote meters that are not accessible via truck only. The actual cost for boat or air to remote meters to be charged directly to City of Seward. *Estimated amount only- Approx. Per Meter Total Bid t ual numher to be determined and To Be Bid A Done Single Phase Meters 2600* 51.44 $ 133,744.00 Form No. IS/2S.112S Network Three Phase Self -Contained Meters Form No. 12S/14S/15Sit 6S Single Phase/Three Phase CT'd Meters Form No. 3S/35S/5S/6S/9S 200* 102-98 $ 201596.00 Labor to Install Meternased Upon 2800*Meters $ 1549340.00 A roximately 2800 Meters Per Total Vehicle Vehicles Day Expense Per ;k * denotes if on Vehicle Accelerated Schedule with More Installers Vehicle Rental, Fuel, Tools, 4 150.00 $ 189000.00 [Pads, and Eguipmet 5 150-00 $ TOTAL BID $ 172�340.00 1 1, 180,770 Please note clarification of Vehicle, Fuel. Tools and EauiDment Mare. - In the event a meter service is, or becomes an unsafe condition and NIVITS is unable to put in safe condition or leave unattended, Utility will be immediately notified for resolution. A rate of $124.00 per hour per worker will be charged after the first 30 minutes of standby time that requires National Metering employee's presence as a safety watch at the unsafe service. 73 Not included in Contract: • Any work to include repair work other than standard meter exchanges. • No equipment or parts not mentioned in contract. • Any other vehicles and/or equipment not mentioned in contract. • Meters, meter rings, seals, glass covers, door hangers •Warehousing or storage facilities for meters. • Recycling or disposal of meters- however, National Metering will return old meters to a City of Seward pre -designated local disposal area. • Programming or testing of either old or new meters. Payment Terms: a Net 10 days Submitted by: fXZ1*1ZLffMCE41CLAOWX Date: December 1, 2017 Firm: National Metering, & Technical Services, LLC 2134 Inglewood Drive East Wenatchee, WA 98802 509-670-1590 74 CITY OF SEWARD SEWARD ALASKA NATIONAL METERING METER INSTALLATION PROPOSAL Provided herewith is an AMR Meter Installation Proposal dated January 5, 2017 from National Metering & Technical Services, LLC ("NMTS- Contractor") to provide meter services in the CITY OF SEWARD (&'Utility") service territory. 1. Services Provided by Contractor Scoge of Services. National Metering & Technical Services, LLC (Contractor) to provide Journeymen Metermen and Meter Technicians on the AMI Implementation Project at City of Seward. This project will be for the installation of approximately 2,800 electric revenue meters in the City of Seward service territory. 2. Contractor Responsibilities This is a performance -based per meter quote based upon an estimated number of 2,800 meters. The Contractor will provide qualified meter personnel as per the following: • Journeymen Meter en and Meter Technicians who are qualified to change out three phase and single phase meters. • Proper equipment and tools for both single and three phase meter exchanges. • Company vehicles and fuel necessary for the period of this project. Vehicles will prominently display signage indicating Utility and Contractor with logo on both sides of vehicle. Magnetic placards (i.e., door magnets) or its equivalent shall be used in this regard. • NMTS uses Field Square software to manage scheduling and work management system. Data will be transmitted to Utility in requested format to include csv., at., pdf, or Excel. File transfer will be done within 48 hours of meter exchange. • In addition, any safety or service wiring concern will be noted. Voltage will be taken at every meter installation. Information may include any obvious/visual evidence of tampering that has occurred prior to meter change -out visit; and reasonable details of any safety issues encountered. If conditions appear to be unsafe or a diversion is evident, Contractor's installer will not remove the existing meter and will contact Utility's designated point of contact as described therein in policies and procedures. This information can be provided to Utility on a weekly basis in a PDF or Excel format to, be used as a maintenance tool for repairs. 75 . City of seaward Responsibilities Utility shall provide the following.- 0 All meters involved in the AMI project All seals, locking meter rings, covers, etc. required to change out meters Door hangers • Notification to City of Seward electric customers of AMI Deployment • Any route Keys or special tools needed for access to all meters • Staging areas at Utility locations for meters, seals, rings, etc. A service location and customer database listing in an Excel electronic format of all meters to be changed out. This information to include customer name! address, CAPS location if available, form number, meter number, account number, customer phone number, key or access information to include meter reader notes or route information. . 0 If required, badges and hard hats with Utility logos for customer identifications 0 Utility will he responsible for the recycling or disposal of old meters. 4. Schedule Recommend duration of installation AMI Meter Exchange to start approximately May 2017 —June 2017 • 2800 Meter installation (est. 6 weeks or less to complete) Contractor assumes for this project that there are no blackout dates and no special allowance in scheduling is necessary. 5. Terms of Payment a Fees. City of Seward shall pay National Metering for the Services in accordance with the fee schedule attached as Attachment "c,,. b Invoice and Report. Commencing one weep from Contract Mart Date, National Metering shall submit to the City of Seward Representative an invoice for costs incurred for the immediately preceding week and weekly thereafter as described in Attachment "C" . c Payment of Invoice. The City of Seward Representative shall verify and approve each invoice and shall arrange for payment with approval occurring in 3-5 business days. Should there be any disputed portion of a given invoice City of Seward will pay the undisputed portion without hindrance. . Insurance .1. iMinimum Coverage. Before commencing the Services, National Metering shall obtain, at its own expense, the following insurance coverage: 76 (a) Workers' Compensation and Employer's Liability coverage in accordance with the statutory requirements in the jurisdiction where the services are performed in the minimum amount of 1 million per occurrence, (b) Commercial General Liability for bodily injury, death and property damage in the minimum amount of 1 million per occurrence, naming City of Seward as an additional insured with respect to the Services. (c) Professional liability insurance in the minimum amount of 1 million per occurrence, and (d) Automobile liability on all vehicles used by National Metering in connection with this Agreement in the minimum amount of 1 million per occurrence in respect of bodily injury, death and property damage. 77 ATTACHMENT SCOPE of SERVICE 1. General 1.1. Installation of single phase and polyphase electric meters in the City of Seward service area. . Kerr Deliverables and Schedule Contractor shall perform the following services as described: .1. PROJECT RESPONSIBILITIES ILITIES General . Contractor shall supply union skilled labor electric meter installation equipment and related personal protective equipment necessary for meter exchange. Contractor is responsible for providing company vehicles and fuel necessary for the period of this contract. b. Change Management: Contractor must follow mutually agreed upon process for approval of any changes to contract, project scope, schedule, cost and quality. Contractor Responsibilities a. Contractor shall be responsible for scheduling and paying for its assigned work force. . "Work Days" may be anytime between Monday — Saturday between :00 a.m. to 6:00p.m PST. Contractor may word ten Dour days or (5) eight Dour days with overtime designated as any hours worked beyond normal work schedule and above 40 hour work week. overtime requires National Metering and Utility approval prior to working. C. Contractor shall schedule all National Metering installers. d. Contractor assumes for this project that there are no blackout dates and no special allowance in scheduling is necessary. e. Vehicles will prominently display signage indicating Utility and Contractor with logo on both sides of vehicle. Magnetic placards i.e., door magnets) or its equivalent shall be used in this regard. f. Contractor will stag on designated roadways and customer ingress surfaces unless off road access to pales is required. 78 9. After turnover from Utility, Contractor shall be responsible for all meters provided to Contractor until such meters are installed at the scheduled location or returned as provided for herein. h. Contractor will gather the assigned service and meter information in connection for each meter installation in an electronic format mutually agreed to by both Parties and forward to Utility via a csv file or other file format within 48 hours of meter exchange. i. Contractor shall provide installation services as defined in the Installation And Removal Checklist (Attachment B) and in accordance with requirements stated below: Verification of location/premise and meter type o Voltage test of meter socket Old Meter: E Out Reads ■ Meter Number ■ Digital image of old meter in service; New Electric Meter- 2 In Reads ■ Meter Number a GPS Location ■ Digital image of new meter placed in service Photos are searchable by meter number and can be incorporated into service information as well as separate JPG file. Details of any obvious/visual evidence of tampering that has occurred prior to meter change -out visit; and ■ Reasonable details of any safety issues encountered. If conditions appear to be unsafe or a diversion is evident, Contractor's installer shall not remove the existing meter and shall contact Utility's designated point of contact as described therein. If Contractor's personnel is unable to perform an installation due to access issues, its installer shall leave a door hanger (provided by Utility), informing the customer that an Electric Meter installation attempt was made and advising the customer that an appointment must be scheduled to perform the installation. Such door hanger shall provide a phone number that the customer should call for appointment purposes. For avoidance of doubt, meter exchange cost will be charged each time National Metering & Technical Services visits customer's service for the meter exchange. Every effort will be made by National Metering employees to change out meter the same day the service was visited by National Metering employees. If more than two attempts to 79 customer site are required that are out of National Metering's control (ureter bases burned up, outages, blocked meters, refusals, no access, etc.) the task of scheduling and changing customer's meter will be turned over to City of Seward. 2.2. PROJECT STANDARDS Complaint Resolution All complaints, whether received in the field or via telephone shall be documented, and addressed. ■ Contractor will investigate, in a timely fashion, any customer's complaint. If at the conclusion of the investigation it is determined, in the reasonable belief of Contractor, that Contractor is solely responsible for the damage giving rise to the complaint; Contractor will compensate the customer for the damage caused by Contractor. However, if complaint is not Contractor's responsibility, the complaint will be turned over to Utility for resolution. Delay of Project or Scope of Work change If a delay of project or scope of work change is caused by Utility and at no fault of National Metering, and if costs are incurred for the project by National Metering, compensation for all expenses incurred for project by National Metering shall be reimbursed by Utility. Incident Prevention Contractor shall make reasonable commercial efforts to prevent any incidents within the following categories relating to its installation of electric meters hereunder: a) fire; b) damage to equipment or facilities; c) production loss; d) environmental damage; e) breach of security; and f) health and safety. 80 ATTACHMENT B ELECTRIC METER INSTALLATION AND REMOVAL CHECKLIST PROCESS I. Installation Requirements for Electric Meters A. All necessary personal protective equipment ("PPE"), including secondary gloves rated for the voltage or higher and at least category I arc rated clothing shall be worn any time a potentially energized meter base is opened. Arc rated face shields shall be worn while working on voltages above 240 volts nominal. This includes checking voltage. B. All meter bases shall be inspected for hazards prior to opening. Hazards include, but are not limited to: ■ Obstructions such as tripping hazards, shrubs, animals, etc. ■ Damage to the meter base, such as rust, holes, burned marks, dents, broken or missing glass, meter base falling away from a structure, etc. ■ Arcing or buzzing sounds coming from the meter base. If this condition exists, Contractor shall contact Utility immediately. Signs of tampering such as, cover damage due to prying, existing meter installed upside down, etc. Contractor's installer shall contact Utility designated point of contact immediately if there is evidence of any such hazard. C. If the inspection reveals a condition that may be a hazard and cannot be corrected by Contractor's personnel, Utility shall be notified by Contractor to address the hazard. No attempt to remove or install a meter shall be made until all hazards have been addressed. D. Voltage checks shall be performed to verify that the meter being set is the correct meter for the installation. E. All installations shall be sealed with a Utility approved seal before leaving the meter base. F. No energized meter base shall be left open and unattended. G. Once the meter base is opened, a thorough visual inspection shall be performed to reasonably determine whether any hazard exists. Hazards include, but are not limited to: 81 a. Burn marks, signs of arcing or odors related to either; b. Cracked mounting blocks; c. Signs of loose connections; d. Discolored or rusted connections; e. Insulation melted or cracking-, f. Signs of tampering; and g. Any other abnormal condition H. If a hazardous condition arises during the removal of a meter, such as a lug or conductor breaking loose from an insulated mounting block, no attempt shall be made to re -install existing meter or install the new meter. Contractor shall contact Utility contact person immediately. No energized meter base shall be left open and unattended. 82 ATTACHMENT C Terms of Payment UNIT PRICE - Includes all labor and expenses, travel expenses, mobilization. *Does not include additional transportation to remote meters that are not accessible via truck only. The actual cost for boat or air to remote meters to be charged directly to City of Seward. *Estimated amount only -actual number to be Approx. Per Meter Total Bid determined To Be Bid Done Single Phase Meters 2600* 49.94 $ 129,844.00 Form No. 1 S/2S/12S Network Three Phase Self -Contained Meters Form No. 12S/14S/15S/16S Single Phase/Three Phase CT'd Meters Form No. 3S/35S/5S/6S/9S 200* 99.98 $ 19,996.00 Total Labor for Meters 2800* $ 149,840.00 Meters Per Total Vehicle # Vehicles Day Expense Vehicle Rental, Fuel, Tools and Equipment 4 150.00 $ 12,600.00 TOTAL BID $ 1629440.00 In the event a meter service is, or becomes an unsafe condition and NMTS is unable to put in safe condition or leave unattended, Utility will be immediately notified for resolution. A rate of $120.00 per hour per worker will be charged a= the first 30 minutes of standby time that requires National Metering employee's presence as a safety watch at the unsafe service. Not included in Contract: • Any work to include repair work other than standard meter exchanges. • No equipment or parts not mentioned in contract. • Any other vehicles and/or equipment not mentioned in contract. • Meters, meter rings, seals, glass covers, door hangers • Warehousing or storage facilities for meters. • Recycling or disposal of meters- however, National Metering will return old meters to a City of Seward pre -designated local disposal area. • Programming or testing of either old or new meters. Payment Terms: ■ Net 10 days 83 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ENTERING INTO A SOLE SOURCE AGREEMENT WITH NATIONAL METERING TECHNICAL SERVICES TO EXCHANGE ALL ELECTRICAL METERS IN THE SEWARD ELECTRICAL SERVICE AREA AND PERFORM RELATED TASKS, IN AN AMOUNT NOT TO EXCEED $1789684, AND APPROPRIATING FUNDS WHEREAS, the City of Seward received approximately 5,000 electronic meters for the cost of shipping after Kodiak Electric contracted with National Metering Technical Services to switch out their meters ; and WHEREAS, the new meters will allow the City to switch out all meters on the system and have many spare units for the future, and will enable the utility to phase out manual meter reading and replace it with mobile meter reading which will reduce the time spent reading meters, eliminate human error associated with meter reading estimates and errors, and enable the City to test the meters in-house rather than the current practice of sending meters out of state for testing; and WHEREAS, many of the current meters on the City's system are mechanical, have reached the end of their useful lives, and spare parts are no longer available, and the new meters take advantage of new technologies, are expected to enhance service and improve consistency and reliability of meter -related operations and reduce confusion resulting from the use of disparate meter types and styles; and WHEREAS, cost efficiencies are ga10 ined by switching out all meters at one time, and the City lacks the staff to perform this project while still accomplishing their summer construction season work, without disruption in workload; and WHEREAS, National Metering Technical Services has successfully performed meter auditing services for Seward Public Utilities, is familiar with Seward's electrical system and especially some of the more challenging large general services, and is familiar with these meters and their installation, testing, and configuration, because they assisted Kodiak Electric with changing out their meters; and WHEREAS, Seward City Code §6.10.120.8 allows for an exemption from competitive procurement provisions for specialized products and professional services stating, "To the purchase of professional services. Professional services are those that require special knowledge and judgment that includes analysis, evaluation, prediction, planning or recommendations and which result in the production of a report or the completion of a task." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 83 84 r CITY OF SEWARD, ALASKA RESOLUTION 2017-011 OF SEWARD, ALASKA THAT: Section 1. The Seward City Council, in accordance with SCC §6. 10. 120.A. 10 and the recitals above which are incorporated herein, finds that it is in the public interest to sole source this work to National Metering Technical Services. Section 2. The City Manager is hereby authorized to enter into an agreement with National Metering Technical Services to switch out all electric meters in the Seward Electrical Service Area, and perform other work related to the project, in substantial form as presented at this meeting. Section 3. Funding in an amount not to exceed $178,684, consisting of a base bid of $162,440 plus a contingency of $16,244, is hereby appropriated from the Electric Enterprise Fund undesignated reserves account no. 15000-0000-3400 to the contracted services account no. 15000- 3009-7009. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 131h day of February, 2017. THE CITY OF SEWARD, ALASKA 6?., llt&ujeo)✓ gan Bardarson, Mayor AYES: Casagranda, K.eil, Squires, McClure, Altermatt, Bardarson NOES: None ABSENT: Slater ABSTAIN: None ATTEST: ci hanna Ki y, CMC ity Clerk (City Seal) ©,5is11&P.a11Q,6,00 sf#OF "Pno ate � d L C SEAL P1 �! � � Q 85 Agenda Statement - I - 3, Meeting:DateebrUaro T6: Sew-ard-City. Coun dl Through-:- Jim, R-unt, Y Mi)tiaggert m Fro : John Four lectr clAffity Manager Aunda Item: Enter iito. sole: -sopme -agreement with National Metering. Technical Services -fo -41 18ty.-Avide --.electric _meter ex-pbang 1RA-C U.N - &JUST IFICATI-ON: 1odt_alect�c Potrae-d wth Naoaleerng-tos - tch 'hp1 sys' m.to-Autoated Wt It teji 20161 ..c Meter-'ReAdie'4g- (AMR}::meters;Thesem6ters'.'are read -at a- desktop.comp4ter, efimiriating4be-,nee-d- i-ti -meter jy -for-a manual, -meter reading Px0cess, Transition smade.KOdi&swProxn-n4e .5:PGO prior- meters. available -for -donation- to Seward for, the -cost.of shipping:. These meters -will allow -the -City,to..mckve--'4*n.,tlie-d'i'r'.e.ct.i,on dfelectronic-meter r-eading-...sinc-e the hew' meters t.An'be-read-rothotely a vehicle driving . in the �uicinit ; 'by elith'hahig thd need. -m a, -nually. reading: y meter. monthly -. 'if the ttilltywere toputchase-obe,..of*the-soureters .--ilit post- would in 9-kangP-of -$-9'to $409each, Although. the--ut 4ty own'g-a-fenv of 'those'. M do not have :a large a-any's i4 type of Aietier;. The..ne*ly- Acqui`rOd - Ineteusiad,'by other ufilifi 13wesfill in P.roduotipnl, ,and can'be:..Purchased, f( ?jp V-�,Xndors. meter Many of the it-oo the- -�ystem, in. some ems, -for y's-existing -meters are, pi�qhanical,, Jiaye- b-"n decades .:are_no longer-suppor.te.dby-scry-ice-.or availability; and-present:operational challenges. Tartsavai.. HdV 41 . sing le 'fmeter.wliich."-s-read:e'lectr 'ically,is.eNp-eci�dtosign'-ftcmtI redude--humah. in ...a:sin le�typp.o. I on I Y 9 errors i n .: m e t6 fre- a d i n ,:.data m`put and i mqr'o V e the rd I i "a' b i I ity, of b i I i i T...h, 6 Electric. -d ep Ar-tfii e h t W- -i tM0;the-ability-to .prograin.and-test meters ift-hoU se.Cu nity,-me ters. must -bd.serif -out.ofstate :for testln due id the v4 nety. of -4fffe. en-t rheter-ty. P The administration Nconuneiids thAt. all -mete'tg, be exchanged.- -at the saine. 11'me due.- to- c-,'Q$t efrtoiemoes,_ 2nd-lof minunize.AlsrupOons- to customers and to: the billing department: Fonce- Mff ruireg.assiikance -from the utility billing. software-, vendor to�- automate -the -meiter �exc,ge -to eq. minimize billing errors; so: a single transition "11, pphance. efficiency, save::cost13 and, reduce errors. The ex-chan .ge -is expected -to. takeless"than- lone :.month - and thb, it .' CY_ does �not-,have the resources to accomplish. this -WO''rk. ihrhotisc.. 'The, adni"'''astrationrecto Mmprids...go,le-s 'iftglbls: work-t&Nationa- I Metering�'`�echtical Servicet Ourc used 'on_ the- roagonabletios,8.of 'their, bid,, the, sapcd8s- of Kod4& Electrto "s. larger-4scale exchange -project asing this vendor, arid. the- Cjt3e`s�saiisfaafion with-t -vendor' *nowledne-of out.-$Ys'tem,ft ad 'these meter -tpe `ng meter. audit . The y � s grid a4d..thek prior. cork our be in.perfor mm qua lity -of, the-, ir-workhas been very -good, they Piave -.completed. their work.on,time-and onbu�€get; and their ..�iaff -.is &dicated -and veq- -respons . ive., and- -have..Prov - ided excellent-tram'ifig -.to City -staff. National: Mdten*ng':[s1BEW affiliated and. ha8'the' hittorl"cal.. and -te6nical,-'expeitise- toassi:st the City .1-n -this " :prod ec c 85 86 INTENT: This project intends to switch out the majority of the.electric meters in the Seward Electrical Service area within a one -month period during .the summery of 2017, and to properly dispose of old meters. CONSISTENCY CHECKLIST: Yes No N/A' Comprehensive Plan (1.3. 3.7.3.1, 3.7.3.2): Continue to upgrade and i . expand utilities to meet existing needs and encourage fiaw•e X develo ment. Strategic Plan : The mission of the City of S'ei t1ar-d government is to � .provide quality leadership and economic ivellbeing q7 its citizens Other (list): FISCAL NOTE: The proposed cost for meter installation is $162,440 with a 10% contingency, for a total cost not to exceed $ l 78,68.4. Additional project -related costs may be incurred for advertising, electricians and meter testing/programming equipment, as well as for billing software automation assistance. The City saved an estimated $3 54,000 to $654,000 by not having to purchase the meters. The electric utility expects to use monies previously received- from Chugach Capital credits to fund this project, without the need to pass meter exchange costs on to the customer. Approved by Finance Department: ATTORNEY REVIEW: Yes No X� Not Applicable RECOMMENDATION: Authorize the City Manager to enter into an agreement with National Metering Technical Services in an amount not to exceed $ 178,684, and appropriating funds. 86 87 Sponsored by: Port and Commerce Advisory Board CITY OF SEWARD, ALASKA RESOLUTION 2018-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA ADOPTING THE PORT AND COMMERCE ADVISORY BOARD PRIORITIES FROM FEBRUARY 2018 TO FEBRUARY 2019 WHEREAS, the Port and Commerce Advisory Board's (PACAB) responsibilities are listed in SCC§ 2.30325 Powers and Duties; and WHEREAS, City Council and PACAB held a joint work session on March 6, 2017 to review and update the current Priorities List; and WHEREAS, at their January 3, 2018 Regular Meeting, the Port and Commerce Advisory Board reviewed and updated their Priorities List; and WHEREAS, with the passage of PACAB Resolution 2018-001, PACAB recommends Council adoption of the 2018 Priority List. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following List of Priorities through February, 2019 is hereby approved: PORT AND COMMERCE ADVISORY BOARD PRIORITIES 1) Review taxes, especially vessel property tax. 2) Review the Harbor Tariff. 3) Work to support industries to Seward including the CDQ fleets and related industries, Oil & gas related industries, transportation, and commercial fishing. 4) Help lead Seward Marine Industrial Center (SMIC) development. 5) Prioritize Federal and State Priorities for Port &Commerce Initiatives 6) Explore energy alternatives (Wind, Solar, Geothermal and Hydroelectric etc.) and alternatives to energy (BIO fuel, LNG etc.). Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of Seward, Alaska this 22th day of January, 2018. THE CITY OF SEWARD, ALASKA David Squires, Mayor 87 88 Council Agenda Statement Meeting Date: January 22, 2018 To: City Council Through: Jim Hunt, City Manager I From: Port and Commerce Advisory Board Agenda Item: Resolution Adopting the Port and Commerce Advisory Board (PACAB) Priorities for 2018 BACKGROUND & JUSTIFICATION: Annually, the Port and Commerce Advisory Board establishes their priorities. The Board reviewed their Priority List at the March 1, 2017 regular meeting. During the joint work session on March 6, 2017 the Board and Council reviewed and updated the 2017 Priorities List. At their January 3, 2018 meeting PACAB approved Resolution 2018-001 recommending Council adoption of the Board's 2018 Priority List. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: Most of the priorities which the Board wishes 1. to work on are an outgrowth of goals and objectives established in the X Comprehensive Plan. 2- Strategic Plan: The Strategic Plan also identifies many of the riorities addressed by the List. X 3. Other: X FISCAL NOTE: The City will have no costs associated with the approval of the Port and Commerce Advisory Board Priorities List. Approved by Finance Department: V,,--&, 4&yeQ� INTENT: Adopt the 2018 Port and Commerce Advisory Board Priorities List. ATTORNEY REVIEW: No RECOMMENDATION: Approve Resolution 2018-006 , Adopting the Port and Commerce Advisory Board Priorities from February 2018 through February 2019. 88 89 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RETROACTIVELY AMENDING THE 2017 BUDGET TO ACCOUNT FOR ADDITIONAL SALES TAX TO THE HOSPITAL FUND BASED ON ADDITIONAL COLLECTIONS AND CLOSING OUT COMPLETED PROJECTS AT YEAR-END, AND APPROPRIATING FUNDS WHEREAS, the 2017 Operating Budget accounted for one -quarter of all sales tax collections by the City of Seward to be transferred to the Hospital Enterprise Fund to pay healthcare related costs, including debt service costs for the long-term care facility, the hospital Public Employees Retirement System (PERS) liability, major repair and replacement costs, capital costs, and operating costs associated with healthcare; and WHEREAS, the actual sales tax receipts from the Kenai Peninsula Borough during 2017 totaled $5,099,213, requiring an additional transfer in excess of the budget, of $124,803.31 to the Hospital Enterprise Fund, for a total annual transfer from the General Fund to the Hospital Enterprise Fund of $1,274, 803.31; and WHEREAS, a number of grant projects have been completed at the end of 2017, including: 1) close-out of the 2012 storm event which caused widespread electrical outages and damages to water and sewer lines, 2) the 2013 storm event which caused wind -related damage, flooding and landslides, and 3) the summer ALPAR litter patrol project, requiring the residual transfer of cash between Funds to close out those grants and projects. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The 2017 Operating Budget shall be retroactively amended to close out grants and projects, as follows: A. Funding in the amount of $124,803.31 is hereby appropriated from the General Fund Transfers -Out account no. 01000-0-3710-0-19100 to the Hospital Enterprise Fund Transfers -In account no. 19100-0-3700-0-01000. B. Funding in the amount of $8,732.66 is hereby appropriated from the General Fund to close out the 2012 FEMA Disaster Fund account related to a storm event causing electrical outages and water and sewer line damages, from account 01000-0-3 710-0- 70024 to account 70024-0-3 700-0-01000; and C. Funding in the amount of $14,255.01 is hereby appropriated from the General Fund to close out the 2013 FEMA Disaster Fund account related to a windstorm event 89 90 CITY OF SEWARD, ALASKA RESOLUTION 2018-007 between October 27-29, 2013, from account 01000-0-3710-0-7003X to account 7003X-0-3700-01000; and D. Funding in the amount of $11,15 9.11 is hereby appropriated from the General Fund to close out the ALPAR project from account 01000-0-3 710-0-3 0113 to account 3 0113 - 0-3700-0-01000. Section 2. This resolution shall be retroactive to December 31, 2017. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of January, 2018. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA David Squires, Mayor 90 a* Council Agenda Statement Meeting Date: January 22, 2018 To: Honorable Mayor and Members of the City Council Through: Jim Hunt, City Manager4r From: Kristin Erchinger,, Finance Director OW Agenda Item: Retroactive appropriation of additional sales tax to Healthcare Enterprise Fund and close-out of projects at year-end BACKG0ROUND & JUSTIFICATION. The City of Seward sets aside a I% sales tax (currently one-fourth of all sales tax revenue) for the purpose of supporting local healthcare. When the City first initiated a sales tax in March, 1982 (Ordinance No. 507), the Ordinance explicitly addressed the funding of healthcare in Sewar'd as a primary purpose of the tax. The 2017 Budget anticipated the total amount of sales tax to be allocated to healthcare at $1,150,,000. Sales tax monies are legally required to be used to cover healthcare bond payments per bo nd covenants, and are available to repay unfunded retirement liabilities associated with fonner Seward General Hospital employees, for facility capital costs, and for operational needs for healthcare -related operations. Preliminary sales tax cash receipts in 2017 were $5,099,213 with one -quarter of total sales tax cash receipts requiring a transfer to the Hospital Enterprise Fund of $1 274,803.311, necessitating an additional transfer of $124,803.3 1. In addition to a retroactive adjustment for sales tax, the City has completed a number of projects which require close-out at the end of the year. Appropriations are needed to close out two FEMA storm events that occurred in 2012 and 2013, and the annual ALPAR little patrol project. The 2012 storm event caused electrical outages and damage to water and sewer lines and when FEMA completed their reconciliation of the project, the City"s remaining share of costs for that project is $8,732.66. The 2013 storm event related to a windstorm between October 27 and 29 2013, 1 which caused widespread flooding and some landslides, with the City's final share of those project costs at $14,255.02. The final close-out of the ALPAR project is a total cost of $11 � 159.11. INTENT: The intent of this resolution is to continue the practice of transferring 1, °4of all sales tax revenue from the General Fund to the Hospital Enterprise Fund for healthcare -related purposes, and to close out projects at year-end, with a retroactive adjustment to 2017. CONSISTENCY CHECKLIST: I - Comprehensive Plan (docut nent source here).- 2. Strategic Plan (document source here): Other (list) - Yes I No I N/A 91 92 FISCAL NOTE: This action will increase funding available for healthcare purposes by $124,803.31 and reduce undesignated reserves by $34,146.79. However, the City did receive excess FEMA reimbursements for various storm -related project worksheets, and those funds were previously transferred to the General Fund as those storm related projects were completed. Approved by Finance Department: M4404D 444A46t- n ATTORNEY REVIEW: Yes No X RECOMMENDATION: Seward City Council authorize the transfer of an additional $124,803.31 in sales tax revenue from the General Fund to the Hospital Enterprise Fund, and close-out of various projects at year-end. Resolution 2018-007 92 93 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE SEWARD PUBLIC UTILITIES TO ALLOW A DELAY OF UP TO SIX MONTHS IN THE EFFECTIVE DATE OF THE WATER AND SEWER TARIFFS TO CORRECT THE CLASSIFICATION FOR SOME CUSTOMERS INCORRECTLY BILLED METERED WATER AND SEWER RATES RATHER THAN STANDARD MONTHLY RATES WHEREAS, the Seward City Council passed Resolution 2017-078 on November 27, 2017, clarifying that only Class D customers were eligible for metered water/sewer rates through Seward Public Utilities, since rate Classes A, B and C have been and continue to be ineligible for metered rates; and WHEREAS, some water and sewer customers were previously erroneously classified to receive metered water rates, but should instead have been charged standard residential or small or large general service rates; and WHEREAS, the utility billing department requests more time to notify customers who were previously improperly classified, of the correction in their classification which will result in higher water and sewer costs, to allow those customers sufficient time to notify tenants and to pass along the standard monthly costs to those tenants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Authorize the Seward Public Utilities to delay up to six months, implementing a correction to the classification of certain water and sewer customers who have been improperly billed for metered water/sewer rates, and who should instead be charged standard residential, small or large general service rates. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of January, 2018. THE CITY OF SEWARD, ALASKA David Squires, Mayor 93 94 Agenda Statement Meeting Date: January 22, 2018 To: City Council Through: Jim Hunt, City Ma ager From: Kristin Erchinger, Finance Director Agenda Item: Authorize a delay in the water/sewer metered rate classification BACKGROUND & JUSTIFICATION: On November 27, 2017, the Seward City Council passed Resolution 2017-078, amending the water and sewer tariff effective January 2018. In the process of preparing for the rate change, staff has identified a number of customers who have been previously charged for metered water and sewer charges, but whose rate classes were not eligible for metered rates. The change from metered rates to standard monthly rates will have an adverse impact on customers who have multiple units which are rented out to tenants. Staff is requesting a delay of up to six months in the correction of the classification for those customers, to allow them sufficient time to notify their tenants of the pending changes, in order for landlords to pass along the rate increase to their tenants. We request that staff be given the authorization to delay by up to six months, the implementation of the change in billing classification for these customers. INTENT! The intent of this action is to delay the change in classification for certain water and sewer customers who were previously incorrectly charged subsidized water and sewer metered rates, to allow landlords sufficient time to notify their tenants and, if appropriate, to pass along the standard monthly water and sewer charges to their tenants. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here): 3. Other (list): Resolution 2017-078 FISCAL NOTE: The delay in reclassifying customer accounts will cause a loss in water/sewer revenues, but the amount of the loss is considered immaterial to the overall budget. Once the customer classifications are corrected, the end result w' 11 be increasedi - revenues to the water and sewer Funds. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approves Resolution 2018-008 providing discretion to Seward Public Utilities to allow a delay of up to six months in the effective date to correct the classification for some customers previously incorrectly billed metered water and sewer rates rather than standard monthly rates. 94 95 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 307 CALL TO ORDER The January 8, 2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Erik Slater Suzanne Towsley Jeremy Horn comprising a quorum of the Council; and Ron Long, Assistant City Manager Brenda Ballou, City Clerk Absent — Keil, Casagranda, McClure CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold said employees were the city's most valuable asset, and yet they continued to be bullied and intimidated, which resulted in low morale and turnover; she said she was referencing the work done by Major General Laurie Hummel from the Alaska National Guard. Griswold thought there was a yoke of oppression over city employees; arbitrary, unethical leaders could make life miserable for subordinates and disable an organization. The city needed one set of rules that applied to everyone, with rules and procedures established to limit arbitrary decisions and provide autonomy to staff. Griswold thought that leaders should be required to attend ethics training to shape and sustain a healthy culture of integrity, honor, and professionalism. Reed Lane said he worked two days a week at the Teen Rec Room (TRR), and was also an active member of the Seward Prevention Coalition. Lane wanted to bring attention to an issue called Adverse Childhood Experiences (ACEs), and how it related to the TRR. Examples of ACEs included reoccurring physical abuse, reoccurring emotional abuse, sexual abuse, neglect, alcohol or drug abuse, incarcerated household members, depression, and mental illness to name a few. Many teen attendees at the Teen Rec Room reported experiencing these issues. Only one-third of adults report never having experienced these issues as a child; the greater the number of ACEs in a person's life, the greater that person's risk factors were as an adult, which included smoking, drug use, and suicide. Lane said the Teen & Youth Center (TYC), and the Teen Rec Room, were both places that teens should be able to go for help in the form of protection factors, resiliency and trauma -informed care rather than having an emphasis on discipline. The TRR should be a safe place for youth where 95 96 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 308 interactions with adults were non -confrontational. Lane believed the rules at TRR were in need of updating, and that responses to infractions should not be punitive. Kelley Lane said she wanted to speak as a city employee. Since August, she had been working part-time at the Teen Rec Room. In late November, the Teen Rec Room went under new supervision, and since then the environment changed into being confrontational, and some teens had been kicked out for small infractions. Lane believed the youth have been demoralized, and that attendance numbers were down. The goal of the Teen Rec Room was to provide and facilitate social, educational, and recreational activities, so Lane didn't understand why a youth should be suspended for putting their feet up on the couch or not making eye contact when told to do so. Lane was requesting an investigation into the Teen Rec Room suspension policy, and an external audit of youth suspensions in the past two months and the past year. Lisa Corea came tonight with her son, Daniel. Corea said she wanted to back the kids, and that her son had been attending the TRR for about two years until about one month ago when he got kicked out. This was his first time having trouble at the Teen Rec Room; she said her son didn't actually have anything to do with the incident. She was concerned that her son was asked to leave the TRR, but Corea was at work and could not leave work to go pick him up, so he had to go find a warm place to wait. Daniel Corea said he used to go to Teen Rec Room to have a warm, fun, and safe place to go after school. Corea felt that the TYC was no longer a place where he could feel safe and wanted. He felt his every move was judged, and his every action had the potential to leave him outside in the cold. Lynda Paquette was here on behalf of the Lowell Point community. She wished to have an update on the funding of Lowell Point Road repairs. With the summer season coming soon, Paquette was concerned with how traffic on that road would be managed. Cliff Krug wanted to take a minute to inform everyone that he was working with Stephanie Millane, in conjunction with the Seward Chamber of Commerce, to organize "Seward Second Saturdays" to promote local businesses, community shopping, and involvement. There was a Facebook page set up for the event, and it would start on Saturday, January 13, 2018 and continue through April. Brad Snowden wanted to speak about Seward's airport, and he distributed a handout to council. He also shared a letter he had received from Pat Williams in 2005 regarding a cruise ship dock, and reported that he had investors who were interested in backing construction to the tune of $30 million. He asked the city to give him one year to have exclusive rights to develop, finance, and build a cruise ship dock. Allison Fong was here with Kim Reierson and Patty Linville on behalf of the Seward Community Foundation. Linville said she would be handing over the reins as chairperson this year to Kim Reierson. The Seward Community Foundation (SCF) had a good year in 2017; the fund balance was currently a little over $3 million. Linville thanked all the donors who supported SCF. Linville 96 97 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 309 extended an invitation to the grant announcement luncheon at the Breeze Inn on January 25, 2018 from 11:30 a.m. — 1:30 p.m. At the mayor's request, council suspended the rules. Squires invited Lynda Paquette to meet him at the podium. Squires stated that at the November 27, 2017 council meeting, he gaveled down Paquette and tonight he wanted to make a public apology to her for any embarrassment he caused her. Paquette accepted Squires apology. Council went back on the record. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Slater/Horn) Approval of Agenda and Consent Agenda Slater removed the December 7, 2017 Special Meeting and the December 11, 2017 Regular Meeting Minutes from the consent agenda. Squires pulled the non -objections to the renewals of liquor licenses from the agenda and requested they come forward again on the January 22, 2018 agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Continue the Port and Commerce Advisory Board (PACAB) for 2018. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None Borough Assembly Report. Kenn Carpenter said the last Assembly meeting had been very brief. Borough Mayor Pierce had signed the City of Seward's emergency declaration for Lowell Point Road and it was now in the governor's office awaiting processing; once it has been processed, the state was planning to do $2.3 million of work on the road. Jim McCracken from Lowell Point had been working with the borough mayor on applying for a Federal Lands Access Program (FLAP) grant, which they were hoping to accomplish by spring. In response to Squires, Carpenter confirmed that Jim McCracken represented the Lowell Point Community Council, and was also involved with the Kenai Peninsula Road Service Area Board. Carpenter added that the road work planned by the state would not include cutting back the mountain to the desired 40 foot depth; that would be outside of the $2.3 million project. Carpenter would continue to keep administration informed of any progress. City Manager's Report. Assistant City Manager Ron Long reported the following purchase orders between $10,000 and $50,000 had been approved by the City Manager since the last council meeting: $17,578.42 to Kendrick Equipment for wire rope for both the 50 Ton and 330 Ton 97 98 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 310 Travelifts at the Harbor, and $30,296.00 to Konica for a KIP 860 Copier in Community Development. Long reported that City Manager Jim Hunt was out of the office for a surgery. In response to Slater, Long said he would appreciate the opportunity for administration to review the policies of the Teen & Youth Center and the Teen Rec Room, and look into the allegations brought forward during citizen comments. In response to Towsley, Long agreed that administration would provide a report to council on the situation. Towsley said, historically, the city purchased a table at the Alaska SeaLife Center Gala and invited council members or members of the public. Long said he did not know the guest list, but he knew that the table was already full. In response to Towsley, Long said the city manager was not present because he was having surgery, as was reported at the last council meeting. Long said he would be in acting status until the city manager returned on January 20, 2018. Squires wondered, in regards to the cruise ship dock concept, if there were any legal issues with the proposed placement of the dock along the waterfront. Long said one restriction for that area was that no federal monies could be dedicated to a project in an earthquake zone, so this proposed project would require private or non-federal funding. Long added that if investors were willing to take the risk, then private monies could be used for that project. Squires wished to have a future opportunity to discuss and deliberate on Snowden's development proposal, perhaps with a work session in March. Other Reports, Announcements and Presentations Squires noted that Darryl Schaefermeyer had provided a laydown of the annual Port and Commerce Advisory Board's (PACAB) annual report, but could not attend tonight's meeting to deliver it in person. PUBLIC HEARINGS Resolution 2018-001, Recommending City Council And Kenai Peninsula Borough Approval Of The Forest Acres Subdivision, Lot A, Harmon Replat; Creating Four (4) New Lots To Be Known As Lots A1, A21 A3 And A4; Located Within The Rural Residential District. Motion (Slater/Horn) Approve Resolution 2018-001 Long said the subdivision agreements included in the packet had been diligently drafted and met all the city's standards. This area was beyond the required 200 foot distance to hook into the city's sewer system, so septic systems would be used until that time when the sewer could be retrofitted into the city's system. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. 98 99 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 311 In response to Towsley, Long said this was private property, and was in compliance with current city code. In response to Squires, Long said the distance from the well on Hemlock Street to these lots was confirmed to be greater than the 200 feet required; the Public Works Director had been involved with the subdivision agreement and had determined this would meet Alaska Department of Environmental Conservation (ADEQ standards. Squires was concerned that the subdivision agreement did not have a specific requirement documenting future sewer hookup requirements if the property was sold. Long said any future development on these lots would be ensured to meet the sewer hookup requirements via the city's building permit process, if within the 200 foot requirement. Motion Passed Unanimous Resolution 2018-002, Recommending City Council And Kenai Peninsula Borough Approval Of The Dairy Hill Subdivision & Cliff Addition To The Seward Townsite, Leirer Faust Replat; This Replat Combines 8 Lots Into 3 Lots; Tracts 1, 2, 3 And 4 Of Dairy Hill Subdivision Tracts 1-5; Lots 3-5 Block 5 Cliff Addition And Lot 1 a Block 5 Cliff Addition, Vacating The Interior Lot Lines, 20 Foot Alleyway And Utility Easement; Located Within The Single Family Zoning District. Motion (Slater/Horn) Approve Resolution 2018-002 Long said this replat would help make the property more developable because there were some very steep hillsides to contend with. Notice of the public hearing being posted and published as required bylaw was noted and the public hearing was opened. Kelley Lane said she was in favor of any kind of rezoning that encouraged more housing. No one else appeared to address the Council and the public hearing was closed. In response to Squires, Long confirmed the same sewer requirements applied to this development as with the previous one. Council suspended the rules to speak with John Faust. Faust said all sites would have on -site septic. In response to Squires, Faust said he was not familiar with the concept of continuing Vista Drive to allow for an emergency access road. Council went back on the rules. Motion Passed Unanimous 99 100 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 312 UNFINISHED BUSINESS Resolution 2017-087, Approving Amendment No. 26 To The Contract With Kent Dawson Company, Inc. For State Lobbying Services Through December 31, 2019, For A Total Of $96,504.00 Annually, With An Additional $12,000 Annually From The Seward Association For The Advancement Of Marine Science For Lobbying On Behalf Of Its Lease And Operation Of The Alaska SeaLife Center, For A Total Of $108,504.00 Annually The original motion was made by Keil and seconded by Casagranda on December 11, 2017. Motion to Amend (Slater/Horn) Amend Resolution 2017-087 by adopting the substitute version. Long said the substitute resolution provided a correction in the math, as well as a clarification of Kent Dawson's business name. Motion to Amend Passed Unanimous Main Motion Passed Unanimous NEW BUSINESS Resolution 2018-003, Authorizing Purchase Of A 2017 Ford F250 4x4 Truck From Kendall Ford To Replace A 2002 Dodge 2500 4x4 Truck, In An Amount Not To Exceed $33,323.75 Utilizing The State Of Alaska's Procurement Contract, And Waiving Competitive Procurement Procedures. Motion (Slater/Horn) Approve Resolution 2018-003 Long said this would replace a 15 year old truck that was experiencing transmission and suspension problems. This new truck would be used with a snow plow attachment. Motion Passed Other New Business Items Unanimous Approval of the December 7, 2017 Special Meeting and the December 11, 2017 Regular Meeting Minutes. The following housekeeping items were identified and corrected: In the December 7, 2017 special meeting minutes, under Citizen Comments by Carol Griswold, the words "Village" and "Bay -side" were capitalized, and in the December 11, 2017 regular meeting minutes a transposition was corrected to reflect that the City Attorney's evaluation would be held in January, 2018 and the City Manager's evaluation would be held in February, 2018. Discuss Travel Authorization Reports (pre -travel) and Travel &Expense Reports (post - travel). Towsley wished to see greater transparency in travel dates and expense reporting from the city manager. Squires agreed that council should be able to review the travel budget, and added that the city manager usually notified the mayor of his travel and absence plans. Towsley was concerned 100 101 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 313 that reasonable questions were being met by resistance by administration, and on behalf of her constituents, she wished to see more accountability. Slater thought more information was good. Horn thought that just because money was budgeted didn't mean it needed to be spent. Long said the forms included in the packet were for employees; the city manager was a contract employee and, unless specified in his contract, the forms were not required. Squires wished to bring this issue again when there was a full council, and suggested that perhaps a work session would be in order. Squires requested that this discussion item appear again on the January 22, 2018 agenda. Schedule a work session with APEA. Council scheduled a work session with the Alaska Public Employees Association (APEA) on Tuesday, January 23, 2018 at 5:30 p.m. at a location to be determined. Council requested that this work session be broadcast on the radio, if possible. INFORMATIONAL ITEMS AND REPORTS On -going City Project and Goal List. Clerk's Report on Public Records Requests for December, 2017. COUNCIL COMMENTS Towsley thanked everyone who came to the meeting tonight and spoke, especially Daniel Corea. Towsley said she would be bringing her goals to the January 22, 2018 meeting. Slater thanked everyone for coming and speaking tonight. He said it was great to see a large crowd tonight. Horn said the more feedback council received from the public, the more they could help. He wished everyone a happy and healthy 2018. Squires said he appreciated everyone coming tonight, and commended the Seward Community Foundation for their work. He thanked Cliff Krug for promoting the Second Saturday for local businesses, and encouraged everyone to participate. Squires wished council to have a work session on the Air Force Rec Camp, and suggested having the Planning and Zoning Commission hold a public input session to get ideas for the vacated Air Force Rec Camp. CITIZEN COMMENTS Carol Griswold said she was very concerned about the Teen Rec Room policies that were posted on the city's website. Griswold thought the guidelines were unenforceable and potentially illegal, and urged council to have them reviewed and revised. Lynda Paquette wanted to discuss the Lowell Point Road again; the road was the responsibility of the City of Seward, not the Lowell Point Community Council. She was concerned that the road contained utilities, as well as sewer lines. Paquette requested council also be watchful of the sewage lagoon capacity. Regarding the cruise ship dock proposal, Paquette wondered where anyone would park. 101 102 City of Seward, Alaska City Council Minutes January 8, 2018 Volume 39, Page 314 Kelley Lane appreciated everyone listening to her tonight; she admired Daniel Corea for getting up to speak. Lane thought that anyone who got up to speak before council should only experience the fear of public speaking, and not be fearful anything else, but that that wasn't the case; people were afraid to talk. She was concerned about how the youth were being treated at the Teen & Youth Center and the Teen Rec Room. She enjoyed being involved with the youth, and enjoyed working at the Teen & Youth Center (TYC). She read the TYC mission statement. Brad Snowden thanked council for doing their homework. Regarding the dock concept, he appreciated the feedback about parking concerns. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Squires said his own children had attended the Teen &Youth Center (TYC) when they were younger. He thought it would be a good thing to allow administration the opportunity to look into the situation and report back for all to hear. Squires clarified that the Lowell Point Road was an easement, not a right of way, and he would like to see it widened. Long said regarding the Lowell Point Sewage Lagoon capacity, it had improved technology installed in it which extended the capacity of the lagoon. In response to Squires, Long said he would bring back to council the Loren Leman study results that addressed this issue. ADJOURNMENT The meeting was adjourned at 8 :44 p.m. Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 102 103 AGENDA STATEMENT Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Zudy's Cafe Restaurant/Eating Place — Public Convenience License #5356 The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Zudy's Cafe, License #5 3 5 6, Restaurant/Eating Place — Public Convenience. 103 104 tie ►I I � �►9 [�7:��►/i11111 I Date: December.16, 2017 To Naneth Ambrosiani Finance [.eases Angela Ebberson Finance, Public U tilities Chief Tom Clemons Police Department Chief Eddie the Fire Department From: Brenda Ballou, City Cler� RE-. Verifving Conipliance for the Renewal of Liquor License The following business has applied for ,-i renewal of their liqUOr license. Please review for Compliance with all utilities. lease pit% iiwnL,_-, and assessments. Thank, you. Name of BLISIlless: Zudv's Caf'� Licensee: ZUdy's Cafe' LLC Type of License: Restattrant/Eati.ng Place — Public Convenience License Number: Department stf-Utus Initials F inanc ell eases WU Finance/Utifities 0)< 40-CDLLVOLA; Police Chief Fire Chief 0 K * Deadline for Protest: February 20.1 20 18 104 105 KENAI PENINSULA BOROUGH �B 144 North Binkley Street • Soldotna, Alaska 99669-7520 Q PHONE: (907) 714-2160 •FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK 12/29/2017 Sarah Da u lton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7t" Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non -Objection of License Renewal Application Business Name Zudy's Cafe License Type Restaurant/Eating Places - Public Convenience License Location 501 Railway Ave, City of Seward License No. 5356 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, U Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant, KPB Finance Department, City of Seward & File 105 ID11 THE STATE °fALASKA (a 0 V F It \ 0 lfi 131 C . [ �% A i K 1: December 2212017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net i ki n neV@cityofsewa rd. net Cc: 8oanne@borough.kenai.ak.us iblankenship@borough.kenai.ak.us kri ng@ borough. kena i.a k. us Department of Commerce, Community, and Economic Development Re: Notice of 2018/2019 Liquor License Renewal Application ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Restaurant/Eating Place — Public Convenience License Number: 5356 Licensee: Zudy's Cafe LLC Doing Business As: Zudy's Cafe We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 106 107 &v Alcohol and Marijuana Control Office 550 W 7�11 Avenue, Suite 1600 Anchorage, AK 99501 ... ..... . .............. A C Alaska Alcoholic Beverage Control Board Phone: 907.269,0350 Restaurant or Eating Place License Form A 17a: 2018/2019 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing restaurant or eating place liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application will be returned to you in the manner sn which it was received, per AS 04.11.270 and 3 AAC 304, 105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)-s main office I I in will considered be ., along with all other required documents and fees, before any renewal license appficatio complete. Section I - Establishment and Contact Information Enter information for the business see kina to have its license renewed. If anv oor)ulated information is incormct. rflinasp contact AMC-0. Licensee: Zudy's Cafe" LLC License #: 5356 License Type: Restaurant/Eating Place - Public Convenience Statute: AS 04. 11.400(g) Doing Business As: My's Cafe Premises Address: 5DI Railway Ave. Local Governing Body: City of Seward (Kenai Peninsula Borough) Community Council: None MallingAddress" - City: State: ZIP: ze� q, Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is renuired to be listed in and authorized to sip-n this anolication. Point of Contact: Contact Phone: 2 8 26 Business Phone: ez I Contact Email. P Yes N� Seasonal License? . .. ......... ... ...... [Form AB-17a] (rev 10/16/2017) License tt5356 DBA Zudy's Cafe If "'Yes"', write your six-month operating period: ('4 F-9.] 1 , Page I of IEC 22, 2011 11 L4 if-F ZE AU. 107 -1 k. - , _" 6- 1 1 ,' - L' 108 -4 Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99SO! aff'ohol. lic ensina"Da !as Pa. Fov ------- - AMCO Alaska Alcoholic Beverage Control Board Phone: 907.269.0350 Restaurant or Eat'o'ng Mace License ovv--t& Form AB-17a: 2018/2019 Renewal License fication ............. . Section 2 - Authorization Communication with AMCO staff: Yes No �-- .-A Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? if if Yes" %. LA U 4 IL I L I U 4 dis-clese the nzme of the individual and the reason for aUt`-.or*-at1Gi1' JU Section 3 - Sole Proprietor Ownership Information This section must be completed by any sale pro Ents d skip tS4 prietorship who'I s applying for license renewal- itieshoulo ection . If more space is needed, please attach a separate sheet with the required information, The following information must be completed for each licensee and each affiliate (spouse). This individual is an: 0 applicant D affiliate Name: Mailing Address: W. State: Z I P Email: Contact Phone: This individual is an: 1:1 applicant [] affiliate Name: Mailing Address: city: State: ZIP: Email: Contact Phone: [Form AB-17a] (rev 10/16/2017) Licen5e #5356 JDBA Zudy's Cafe FoEc 22 20171 1 108 Page 2 of 5. 109 IL. . oil IT AMCO Alaska Alcoholic Beverage Control Board Alex i and Marijuana Control Office 550 W 791 Avenue, Suite 1 Ancrage, Ali 99501 avw ,rr�er as ors pig!,,i;tr Phone: 9U7.26.050 Restaurant or Eating Place License Form AB-17a: 2018/2019 Renewal License Application Section ,- Entity ownership Information This subseWon must be completed by 2ny licensee that is a corporation or LLC. Corporations and LLCs are required to he in good standing with the Alaska Division of Corporations, Business & Professional Licensing (C PLI. You may view your entit s status or find your CBPLentiW number ley wising the following site; http-s-//www.com rnerce.alasa,,gov cbp ma%n search entities Partnerships may skip to the second half of this page. Sole proprietorships should ship to Sectian,5. Alaska cBPt Entity W. You must ensure that you are able to certify the following st tem nt before signing your initials irn the box to the right: Initials certify that this entity is in ,good standing with COP and that MI current entity officials and stakeholders f listed below) are also currently and accurately listed with CBPL. This subsection mast be completed by any communi or er,� in uding a corporation, limited liability oompanVo partnership,, or fiimited partnership, that is applying for renewal. if more space Is needed, please attach additional completed copies of this page. • if the applicant is a corporabop, the following informatiDn must be completed for each stockholder who awns 0% ors of the stack in the corporation, and for each president, vice-president, se retury, and managing o i er. • If the applicant is a limited Ifablli of anization the following informat€ors must be completed for each member with an ownership interest of 20 or more, and for each manager. • If the appikant is a A[Wershio. including a limited partnership, the following information must be completed for each partner w th ars fni ct of-ID99 or more_ and fter PArh apnpr l nnrtnpr_ Entiky Official Name: -ft, L q 6[ mf�?' I Ttte(s): HA f20A Phone: go 7 eAS J�-,rq I 96 Owned: �`][ Mailing Address: pity: M Q 6 State: ZIP: 1 9 �& 3-L EntityOfficial Nameq.-.CTUDiTPq TRle(s): mpg(�6ro 0 &A Phane: 9�'� �8 96 Owned: Mailing Address: City: 6G �� ELr -S ;�State: � ZIP: Entity Official Name. ide(s), Phone: % �Aned: Mailing Address: City: Mate: ZIP, [Fem AS-17aj (rev 10/162017") Page 3 of S Ucense #5356 tiBA Zy;s Cafe � � � OEC '9 �. 109 P 110 0 N1, Jp Alcohol and Marijuana Control Office INS Ko 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 ry 7 alcohol,hcemsingl d . ................ .... -, Q AMCO Alaska Alcoholic Beverage Control Board h nu,�;, COM ......... .... ........ ............ Phone. 907.269.0350 Restaurant or Eating Place License 4WL k0o� Form -'a: 2018/2019 Renewal License Application Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor 11cense was operated: 2016 2017 The license was regularly operated continuously throughout each year, for 8 or more hours each day. The 11cense was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day. If this box is checked, o complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentation must be provided with this apph-cotion. The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years. If this box i5 checked, a complete copy of Form A B-29: Waiver of Opero tion Application o nd corresponding fees must be submitted with this application -for each calendar year during which the license was not operotedfor at least the minimum requi . rement. Section 6 - Violations and Convictions Applicant violations and con-victions in calendar years 2016 and 2017: Yes No Have any notices of violation (r NOVs) been issued to this licensee in the calendar years 2016 or2017? Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.2 1.010 in the calendar years 2016 or 2017? If "Yes" to either of the previous two questions, attach;; separate page to this application listing all NOVs and/or convictions* SecOlion 7 - Alcohc� Server Education .Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as required under AS 04,21.025 and 3 A 304.465. f For AB-17a) (rev 10/16/2017) License #5356 DBA Zudy's Cafe f U 9 4) TJ 1 110 1 -�J L Of F,CE At -CC, J- st Ail, S' °A Page 4 of 5 111 T'J r ? Alcohol and Marijuana Con'trol Office pV I 550 W 711 Aventie, Suite 1600 4PW V- Anchorage, AK 9SOI 41� �LIA (a Alaska Alcoholic Beverage Control BohI_tP5 ark mco AMC Pho'ne: 907.269.03SO Restaurant or Eating Place License Rm -17a: 2018/2019 Renewal License Application OL 010 ForAB . ......... Gs Ad �"dipts C Enter the dollar amounts of the food and gross (food + akohol) receipts on the licensed premises., and calculate the perc ent . a - ge of gross receipts that are from food sales on the [ice nsed-premises for each calendar year. (Food Receipts -. Gross Receipts X 100 From FC- 2016 Food Receipts: 2016 Gross Receipts: 57Y 76, % ood; 1 2017 Food Receipts: $�`�2017 Grow Receipts.- �Iy % From Food: 10 r7 14 , -fnft -tfTs-box to the rtg-ht W each statement: iRft�c"Im-belowi—,zmd-the sign your taigin Initials I Certify that all current licensees (as defined in' AS 04.11,260) and affiliates have been listed on this application. I certify that in acccrdance with AS 04.11-450,, no one other than the licensee(s) has a direct or indirect finandfal interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I hags not clanged the business. nam e or the ownership (Including officers, man ers, general p a rtn e rs, or stakeh of ders) from what is currently on fide with th e -Alcoh olic Beverage Con trol Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or f �:���. ; g any other form provided by AMCO is grounds for rejection or denial of this appi : ligation or revocation of any license issued. ��y� . As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 a -rid .3,AAC'.304,,..qqd that this apptLi�i� ipp ,,iQcl.,poihg.a.l[acc.o.mpanying-schedules...and,.statementsl.is.true, correct.- and- com la�ete,,.. provide all information required by the Alcoholic Beverage Control Board in support of this application and understan P J Ure do so by any deadline g'Iyen to 'me by AMCO staff gill result fn this application being returned tome as incomplete. SionalfU're'-o'f licensee Signature of Notary Public 'U NOV 30i U� J2W 0 ary u fic in an forthe State of N Printed name of licensee My corr mission expires: I-Vi Subscribed and shorn to before me this= dayof N k r bev 20 License Fee:' $ 600-00 __—LApplication Fee -I 1 $ MOM TOTAL Late Fee of — if received or postmarked after 01102-/2018'- MI'scelkineous Fees-, GRAND TOTAL [if different than TOTAL).; �Forrn AR-17a) (rev 10/lEJ2017) License #5356 DBA My's Cafe L $800.00 V- OP4geXI -OFFICE' HWA G� A 4LAS�P AGENDA STATEMENT Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Breeze Inn Beverage Dispensary — Tourism License # 177 The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Breeze Inn, License # 177, Beverage Dispensary — Tourism. 112 113 MEMORANDUM Date: January 4. 2018 I To: Naneth Ambrosiani F inance." Leases Angela Ebberson Finance.11"PLIbliC Utilities Chief Tom Clemons Police Department Chief Eddic they Fire Department From: Brenda Ballou. City Clerk RE: Ver1tving Conipliance for the Renexval of Liquor License The following bUSIness has applied for a renewal of their liquor license. Please review for conipliance with all Utilities. lease payments and assessments. Tharp you. Name of Business: Breeze Inn Licensee*. JUris Mindenbergs Tape of License: Beverage Dispensar` -- TOLtrisill License Number: 177 Department Status Initials -Finance/ Leases P t'L ILI 1� Finance/Utilities k-LA-k% Police Chief QJG-._ _ l.,-q ���r- oe Fire Chief 9 Deadline for Protest: Februar,�,- -17, 1-018 —1 r 113 114 KENAI PENINSULA BOROUGH �B 144 North Binkley Street • Soldotna, Alaska 99669-7520 Q PHONE: (907) 714-2160 •FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK 1/4/2018 Sarah Da u lton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7t" Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non -Objection of License Renewal Application Business Name Breeze Inn Motel/Restaurant/Bar License Type Beverage Dispensary/Tourism License Location City of Seward License No. 177 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, U Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant, KPB Finance Department, City of Seward & File 114 115 THE STATE Of ALASKA GOVERNOR BILL WALKER December 291 2017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net clerk@cityofsewa rd. net Cc: Joanne@ borough. kenai.aUs iblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us Department of Commerce, Community, and Economic Development Re: Notice of 2018/2019 Liquor License Renewal Application ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7t" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Beverage Dispensary —Tourism License Number: 177 Licensee: Juris Mindenbergs Doing Business As: Breeze Inn We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 115 Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensinRPalaska.gov b/a m c https://www.commerce.alasLa.Jgov -o we Alaska Alcoholic Beverage Control Board Phone: 907.269.0350 Master Checklist: Renewal Liquor License Application License Type: BD - Tourism License Number: 177 Doing Business As: Breeze Inn Examiner: a \Wk Transaction #: 11020397/8 Document Received Completed Notes AB-17: Renewal Application 12/7/17 App and License Fees 12/7/17. Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation Fingerprint Cards & Fees AB-08a: Crim. History Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? Mailing address different than one in database? In "Good Standing" with Cl3PL. (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? [Master Checklist: Renewal] (rev 11/03/2017) Page I of 1 116 OV147"4*oto' Alcohol and Mari uana Control Office X 1h 550 W 7 Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@a1aska-go AMCO Alaska Alcoholic Beverage Control Board https://www.commerce.alaska.Ro_vLwebZamco Phone: 907.269.0350 Beverage Dispensary —Tourism License VPROL OVO Form A -17d: 018 o Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing beverage dispensary - tourism liquor license that wil I expire on December 3 1, 2017. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AA C 304.105, The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitria Borough. This form must be completed Correclotly and submitted, to the- Alcohol & Marijuana Control Office (AMCO)s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section I - Establishment and Contact Information Enter information fnr thp hi irir)Pc:,-, rzonleina tr% knwn itc His n"czg rnm^k,,^A 14P _—.1-4—A .- . - - - - I - - - - __ Mailing Address: 1 P. (91 �� 'Z { t� City: L.'Pdf _rA State: -1 (Cec,(, C' ZIP: 1 1 q'q %� Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licersee who is req I uired to be listed in and authorized to sign this application. Point of Contact: Contact Phone: Business Phone: Ste., 5- 3 1 Contact Email: 0 U - C C7 tA Yes No Seasonal License? ff [Form AB-17d] (rev 10/16/2017) License #177 DBA Breeze Inn If "Yes", write your six-month operating period: F DEC 0 7 2017 k "KA 7 Page 1 of 5 Alcohol and Mari uana Control Office 550 W 7"' Avenue, Suite 16DO 4%) Anchorage, AK 99501 V alcoholdicensing @?alaska.goy AMC' Alaska AlcoholiC Beverage Control Board htl2s:ZLWWW.commerce.alaskL.LQvZweb/amco Phone, 907.269.0350 Beverage Dispensary — Tourism License 40L 01V*1�11 Form ALB-17d: 2018/2019 Renewal License Application Section 2 - Authorization Communication with AIVICO staff.- Yes No Does any person other than a licensee named in this application have authority to discuss this license with ACC staff? If A'Yes", disclose the name of the individual and the reason for this authorization: R -- t 1( qj?j6feA( tAa%441_e� Cft -fCC -6 1 Section 3 - Sole Proprietor Ownership Information This section must be completed by any sole proprietorship who is applying for license renewal. Entities should skip to Section 4. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: E applicant 0 affiliate This individual is an: 1:1 applicant M affiliate [Form AB-17d] (rev 10/16/2017) License #177 DBA Breeze Inn 0 Page 2 of 5 118 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7 1h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov hIlEL.ZZwww.commerce.alaska.&ov/webLamco Phone: 907.269.0350 Beverage Dispensary —Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 4 - Entity Ownership Information This subsection must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska.govlc!lmain /search /entities Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5. Alaska CBPL Entity #: You must ensure that you are able to certify the following statement before signing your initials in the box to the right-, Initials I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with Cl3PL. This subsection must be completed by any community or including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page. 0 If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and monaging officer. 0 If the applicant is a limited liability organization, the following information must be completed for each mernber with an ownership interest of 10% or more, and for each manager. 0 if the applicant is a partnership, including a limited partnerLhlip with an interest of 10% or more, and for each general partner. the following information rn ust be completed for each partner Entity Official Name: Title(s): Phone: % Owned: Mailing Address: City: State: ZI P. Entilty Official Name.- Title(s): Phone: % Owned: Mailing Address: City: State: Z11 P: Entity Official Name: Title(s): Phone: % Owned: Mailing Address: C i t Stale: Zi P: Z 21111 [Form AB-17d] (rev 10/16/7017) Page 3 of 5 License #177 DBA Breeze Inn 119 0 AMco 11�t*OL 00" Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingC&a1aska.go htips:Lwww.commerce.alaska.gov/web jamco Phone- 907,269.0350 Beverage Dispensary — Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor license was operated: 2016 2017 The license was regularly operated continuously throughout each year, for 8 or more hours each day. The license was regulariy operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day. If this box is checked, a complete copy of Form AB-30: Proof of Minimum ist Operation Check nd al a a I a I necess ry documentation must be provided with this applicotion. The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years. If this box is checked, a complete copy of Form A B-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendor year during which the license was not operated for at least the minimum requirement. Section 6 - Violations and Convictions Applicant violations and convictions in calendar years 2016 and 2017: Yes No Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2016 or 2017? Has any person or entity named in this application been convicted of a violation of Title C)4, of 3 AA C 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2016 or 2017? If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 - Alcohol Server Education Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as required under AS 04.21.025 and 3 AAC 304.465, [Form AB-17d] (rev 10/16/2017) License #177 DBA Breeze Inn OR 07 2'1017 ALC11- 120 Page 4 of 5 GO�ov'WMA'y ,'0 AMCO r� V0 14) ov;r�ROL 0 C; Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingalaska.gov htti2s:/Iwww.commerce-alaska.,gov/ web/amco Phone: 907.269.0350 Beverage Dispensary —Tourism License Form AB-17d: 2018/2Q19 Renewal License Application Section 8 - Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all current licensees (as defined in AS 04-11.260) and affiliates have been listed on this application. I certify that in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. 17 11 J] -,— I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or 5takeholders) from what is currently on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I am submitting as part of this application a written statement that meets the attached Tourism Statement Guidelines, for review by the Alcoholic Beverage Control Board. As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so bqny deadline gi ntomebyAMCOstaff will res tion being returned to me as incomplete. .66 oil a;E to Sign tore of licensee Signature of Notary Public 1 C 0■ NOTARY Tr-1 PUBUG 0 L61* n and for the State of V C$> aYYYYe Printed name of liO censee %Eq N4t. C 1P.0 410064"' �s 1;14%&K-1 My commission expires: 0 1 V' e OF OR I '11*111i I I I, ,rh\WAP1 i i i'7 Subscribed and sworn to before e- e this day off 0 I Tcz'l [Form AB-17d] (rev 10/16/2017) D F N'14' I Page 5 of 5 License #17 7 0 BA Breeze I n n 072017 121 122 I. Wcated in the -heavily tourist -dependent torn ofSeward,,. The Breeze Inn caters- almost exclusively to out- of town, out of state and foreign inbound visitors to Seward. throughout. the. year. As e r rd.'s largest e'a.r-fournd. full -service property,. we are able to provide a c.co rn rn od ation.s as weII as food, and beverage to -- eward visitors gear -round, W' hether their a re - here just to visit, fish, -go on z.i glacier cruise, attend a conference or to wort .temporarily in the business sector, 2.. We offer 100 rooms to the public.on a nightly and/or long term basis, in addition to our restaurant which seats 5.-and the lounge whi h seats 55. Additionally, we ha e.two conference/meeting rooms available. for groupf�r'r� tion , banquets and conferences. 3. Our restaurant which seas 85 and the lounge which -seats 55 are open toile public for- food and beverage service gear -round. 4. We have no kitchenette or food preparation ofFerings.In our guest rooms.. .. In conjunction With are businesses, we are able to offer discounted packages to visitors for - sightseeing, fishing, dog -sledding, etc. We also have two gift shops on our property to meet the Shopping needs of our -visitors. . We continuously rna a improvements to our facilities to upgrade the visitor experien e. This includes new furniture, carpeting-and.flat screen tv's forthe guest rooms along with ongoing renovation of our. I.ou ge. nd restaurant facilities and commercial kitchen, . Ron Hewitt is the general manager of the faclltty and he is also a thori ed t dis'cu this license with the AMMO staff. . Alcoholic beverages are not -stocked in guest rooms. Additionally, the Freeze Inn participates in the tourism' industry through membership and r ari etl g partnerships with the Alaska Travel Industry Association 'The Seward Chamber of omrrrerce, I the er�ai . Visitors an d Convention tenter, the Kenai Peninsula Touri m Marketing ,Orp., Alaska Hotel & Lodging Association and CHARR. 122 123 AGENDA STATEMENT Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Thorn's Showcase Lounge Beverage Dispensary License # 113 0 The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Thorn's Showcase Lounge, License #1130, Beverage Dispensary. 123 124 MEMORANDUM Date- Decernber'26, 2017 10: Naneth Anibrosiani Finance/Leases Anglela Ebberson Finance/Nbk Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From Brenda Ballou, City Clerk I E: Veril'\ 111u) ('(11111-)Iance I'W* the al oI'L ILIL101- The following business has applied for a renewal of their liquor license. Please review for compliance with all to Ities, lease payments and assessments. Thank you. Name ot'13 lu:� I aess, I I horn's Shmcase Lounge Licensee: Thorn's Showcase Lounge LLC Type of License: Beverage Dispensary I-icense Nuillbe;-: I !. .'I I ) Depart-innnt--- Status Initials Finance/Leases a-M pllc'i I LI Van e� v 40 6t� Finance Utilities Police Chief' �2 Fire Chief * Deadline for Protest: February 23. 2018 124 125 KENAI PENINSULA BOROUGH �B 144 North Binkley Street • Soldotna, Alaska 99669-7520 Q PHONE: (907) 714-2160 •FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK 12/29/2017 Sarah Da u lton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7t" Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non -Objection of License Renewal Application Business Name THORN'S SHOWCASE LOUNGE LLC License Type Beverage Dispensary License Location 208 4th Ave, City of Seward License No. 1130 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, U Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant, KPB Finance Department, City of Seward & File 125 126 THE STATE °fALASKA (a 0VF"It\ 0lfi 1311.1 �% A i K 1: December 26, 2017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net i ki n neV@cityofsewa rd. net Cc: 8oanne@borough.kenai.ak.us iblankenship@borough.kenai.ak.us kri ng@ borough. kena i.a k. us Department of Commerce, Community, and Economic Development Re: Notice of 2018/2019 Liquor License Renewal Application ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Beverage Dispensary License Number: 1130 Licensee: Thorn's Showcase Lounge LLC Doing Business As: Thorn's Showcase Lounge We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, 11 q.) r /' �X 5.1 Erika McConnell, Director amco.localgovernmentonly@alaska.gov 126 127 OV & ML44 Alcohol and Marijuara Control Office NX 0 ell. 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501, alcohol.11censing@a1aska.gov https:lZwww.commerce.alaska.igov/web /amco AMC0 Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board � , Form CAB-1 7enewal License Application What is this form? This renewal license application form is required for al I individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2017, All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105, The Community Council field only should be verified/completed by Hcensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section I - Establishment and Contact Information Enter information for the business seeking ' to have its license renewed. If any populated information is incorrect, please contact AMCO. Licensee: I Thorn's Showcase Lounge LLC I License #: 1 1130 License Type.- Beverage Dispensary Statute: AS 04.11.090 Doing Business As: Thorn's Showcase Lounge Premises Address: 208 4th Avenue Local Governing Body: City of Seward (Kenai Peninsula Borough) Community Council: None Mailing Address: Iny- P6 loy 4,LF City: 'milJ )A V4 State: 4+ Z! P: Enter information for the individual who will be designated as the primary point of contact regarding this application. This individu a must be a licensee who is required to be listed in and authorized to sign this application. Point of Contact: Lo(4 —Mow Contact Phone: Lkq o?2 Business Phone: 07^ Contact Email: 4 Aa r-q /i -e/m e4is 0, qww Y U, Yes N c Fp) ��- --L: ; � Seasonal License? If "Yes", write your six-month operating period:` ` DEC [Form AB-17] (rev 10/16/2017) L— lift License #1130 DBA Thorn's Showcase Lounge ALCOHOL MAR-JUANA 40;LFFICE STA-1 E" 0F ALASKA 127 128 7 AMCU 11ROL ovo Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingL@alaska.gov https://—www.comr,nerce.alaska.gov/web/`amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2015/2019 Renewal License Application Section 2 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Y)a!Ati 6-- 0-6m 11��, I Awdp�r. Twjv-401r, Section 3 - Sole Proprietor Ownership Information This section most be completed by any so I e Proprietorship who is applying for license renewal. Entities should skip to section 4. if more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: 1:1 applicant 0 affiliate This individual is an: applicant affiliate Name: Mailing Address: City: State: ZI P: Email: Contact Phone: [Form A13-17] (rev 10/16/2017) License #1130 DSA Thorn's Showcase Lounge 128 rLZ7 51YE, UG! Page 2 of DEC 0 -A A r-GINI ROL OFFICE ALCOHOL MARIJ fi� At ASK,% 129 Alcohol and Marijuana ContrM owe 550 ITV Avenue, Suite t&* Anchorage. ABC 995DI caho1.11c ns a1as a. v tt s• wM.co erc alas � amco Alaska Alcoholic Beverage Control Boat Phone: 907.269.0350 Form A8-17.* 2018/2019 Renewal License Application motion 4 - End ownwahip � �tion Th6s bwcU wmp ted by ate licensee that is a cowravon vt Lt v"c and Ltd a re required to be in good standing With the Alaska DWon of Corporations, Business P'ro sslonat Licensing PL . You may view your entity's status or findyourCSPLen nuat r by min the foiWW#ng s# : htt s- Wrw.rcorr�r .a]aska-&q r c#�p/aln spar+ ee ParUwrgalps �,.�. . may sidp to the secoW haff of this page. Sote proprietorships shoeshoutd s p to won 5. Alaska CBPL Entity #: You must ensure dwyou are able to cei f tote tvffowing sutement before wing nur inlifials in the box W the right: Inmal i certifY that this ent1tv is in good standing With CRPL and that all current enter offidaLs and stakeholders (listed below) a a currenti and ac rat listed with OPL. This sumo met be wpieWd by any com or of lu dud ft a caqxwatfon,11 ed HaWRV company pa hip, or limited partnership, that is appWg fiDr renewal. It more space is needed, Please attach additional completed copies of this page. a If the a0kant is aconugation. the foRowing Wo a on must be completed for each sivckhokferw own r mom of the stmk In the corporatlon, and for each pmi e4 irk- resin ermWr, and managing afflrer, a tf the appilcant is a [en d i biii r a on. tine following information must be completed for each member w an owre Jdp Interest of lox or mom, and fnr each manager, • if the applicant is a ! -rsh in eluding a ltmfted ftgthe 1t lin Information must be completed for each partner er try fate t o or more, and for f Aft, Enfity Official Name: Tws): Phone: it Ad e j . Cky. I G.I., I State: . JW14 Ik -0111 f. 3Y I % owned: 15- "D 736,2 /per 1 % Gwriea: 1 —�-- 010 k i [rrrf AB-1 (rev - . r Page 3 45 License ##113D DDA ThorWs Showcase LoungeD E C, ! 0 E C f . f 5 •t • ! f 129 130 Algol andMara-Juana Control office SSO W 7 Avenue, uitr- 16w Anchor g+e, Aj(99501 a.lCOhol..11 nstt afaska.ant his.//jwww,c0C npF c j.a4 ado ff'b%arnC Maka A(hlic Beverage Control Boar Phone: 907.269,0350 5�► '" form AB47.-a 2018/2019 Renewal License Application ration � - Ucense operation Checka single box for each calendar year that best describes how tbls liquor rise u r 0 ted 2016 201' The lie was re aiady opted continuomly throughout each year, for 8 or more hours each day. The license was regularly operated during specific season each year, for 8 or more hours each day. The license was only opted to meet the minimum mquIre ent of 30 days each year, 8 hours each day. If this box 1*$ checke4 a complete copy of Form PMQf Of MinimuM Operation . Check&4 and all necessary documentattan mun be proceed with tW a; phc at rj• The license was not operated at aH or was not operated for at east the Minimum requirement of 30 days each year,, lours each day, durIn to (w bOth of the calendar years. If this box is dwcked,o comps copy of Form 6. waiver of Operatioil Application and wrreWndi g fees must be submitted with this rx�► a pi ar each year earr d rf g which the license was not o r edfor at fist the ml Ryi■ F u rre ukemer , Section 6 � Violations and Convictions Appl"fft violations and wnvicftns in calen 2026 and2017: Yes NO fine any natsoes of violation GIs been issued to this licensee In the calendar years 2016 or 20177 Has any person or entity manned in is application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adv te'd under A044-2LO10 Rn the catendar years 2016 or 01 If "Yee to either of the prev$aus two quesdonrt, attach a separate page to this applk2tion listag all NoVs and/or nari onsk Section 7 -, COW for10 This secfio uftbe wmpfetW ar4 by the er of a � 1_. 7 i•��i � air � ��7r�e7■ V! 4+ kJE�Vr� � ��a permit. r e halt#eiall tr liter hypes shad skip Sep S. � .��.�....._..� Read the lip and then slign your Inifials In the box to the right of the statement: I certify that. all licensees, agents, and employees who sell or serve alcoholic beverages or check Identification of a patron have wmpleted an al of sewer education course approved by the ABC Board and keep current, va lid dies of their r7l � arse letlon earns n a li ed rem ses during all working hours, as required fired under AS 04. 1.0 and � AAC 304,465. ficensEe # 11W DRA ThorWs Shmvem tounge : 2017 rlff, 130 131 Alcohol and Marijuana Control Office to 550 W 71" Avenue Suite 1600 0 Anchorage, Al 99501 alcolJoHicensingffi).alaska.go AMC0https:Llwww.commerce.,alaska.govlweb/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board 111410VO Form AB-17: 2018/2019 Renewal License Appl ication L O Section 8 - Certifications Read each line below, and then sign your initials in the box to the right of each statement; Initials F I certify that all current licensees (as defined in AS 04.11-260) and affiliates have been listed on this application, J. I certify that in accordance with AS 04.11.4500 no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board. 4 I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this fora or \13 any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license 'Issued. As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so by any deadline given to me by AI` ICO staff will result in this application being returned to me as incomplete. Signature of licensee Printed name of licensee N C44 Signature of Notary Public dbli M and for the State of- 't�79 NO C ILI 0 My commission expires I I I I I I 111V�0S Subscribed and sworn to before me this day of 2 01-4- [Forni AB-171 (rev 10/16/2017) Pale 5 of 5 License #1130 DBA Thorn's Showcase Lounge DEC 0 1 017 131 ALCOHOL MAN IUANA CUNT kOL UFFICE STA7F OF Al-A-W WYA G� A 4LAS�P AGENDA STATEMENT Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Seward Brewing Company Brewpub — Seasonal License #5288 The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Seward Brewing Company, License #5288, Brewpub — Seasonal. 132 133 MEMORANDUM Date; November 27, 2017 To, Naneth Ambrosiaru' Finance/Leases Sarka Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie they Fire Department From: Brenda Ballou, City Clerk ' RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments, assessments, and life safety issues. Thank you. Name of Business: Seward Brewing Company Licensee: Catcherco, LLC Type of Licelise: Brie pub — Seasonal License Number: 5288 Department Status Finance/Leases Nil A-P I I a fV4 Finance/Utilities ' Police Chief Fire Chief Initials 133 134 KENAI PENINSULA BOROUGH �B 144 North Binkley Street • Soldotna, Alaska 99669-7520 Q PHONE: (907) 714-2160 •FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK 11/27/2017 Sarah Da u lton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7t" Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non -Objection of License Renewal Application Business Name Seward Brewing Co License Type License Renewal License Location City of Seward License No. 5288 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, U Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant KPB Finance Department File 134 135 THE STATE °fALASKA GOVERNORBILL WALKER November 22, 2017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net i ki n neV@cityofsewa rd. net Cc: 8oanne@borough.kenai.ak.us iblankenship@borough.kenai.ak.us kri ng@ borough. kena i.a k. us Department of Commerce, Community, and Economic Development Re: Notice of 2018/2019 Liquor License Renewal Application ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Brewpub —Seasonal License Number: 5288 Licensee: Catcherco, LLC Doing Business As: Seward Brewing Company We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, ��1;11161vkw Erika McConnell, Director amco.localgovernmentonly@alaska.gov 135 136 N01, & NI,4* AMCU Alcohol and Marijuana Control Office 550 W 7 1h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.ficensing@alaska.go httr)s:llwww.commerce.alaska-govZweb/amco Phone: 907.269,0350 Alaska Alcoholic Beverage Control Board n %7'* 0 0 L Form AB-17: 2Q18/2019 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AA C 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section I - Establishment and Contact Information Enter information for the business seeking to have its license renewed.. If any populated information is incorrect, please contact AMCO Licensee: Catcherco, LLC License #: 5288 License Type: Brewpub - Seasonal Statute: AS 04.11.135 Doing Business As: Seward Brewing Company Premises Address: 139 4th Avenue Local Governing Body: City of Seward �Kenai Peninsula Borough) Community Council: None Mailing Address: PO 00)0/- � 5 Z1g9(pfp4-City: P: State: I Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is required to be listed in and authorized to sign this application. Point of Contact: at 4 1?e7V1NJ Contact Phone- Business Phone: OdO3 3 7 Contact Email: Yes No Seasonal License.? If "'Yes'*, write your six-month operating period. �-J- i, 71 ni [Form AS-171 (rev 10/16/2017) Dna e I )f S. License #5288 DBA Seward Brewing Company NOV 17 2917 136 ALCOHOL MARNUANA CONTROL OFFIU STATE-OFALASKA- - ___ . 137 Ot & R,44., vO V, AMC4 Alcohol and Marijuana Control Office 5501 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska-gov/web/amco Phone- 907.269-0350 Alaska Alcoholic Beverage Control Board OLO�V Form AB-17: 2Q18/2019 Renewal License Application Section 2 - Authorization Communication with AIVICO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Yes No Section 3 - Sole Proprietor Ownership Information This section must be completed by any sole proprietorship who is applying for license renewal. Entities should skip to Section 4. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: � applicant 11 affiliate Name: Mailing Address: City: —Fstate: I ZIP: Email: Contact Phone: This individual is an: applicant affiliate Name: Mailing Address-, City; State: ZIP: Email: Contact Phone: [Form AB-171 (rev 10/16/2017) IvV V Palgletillof 5 i 17t License #5288 DBA Seward Brewing Company ALCOHOL MARNUANA CONUOL MICE STATE OF-ALASKA 137 138 G0�01 v �'L AMCO IVPROLOVIO Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 9 501 alcohol.licensing@ala-%ka.gov https:Zl w .commerce.ala k -gov/web/amco Phone: 907.269.035 Alaska Alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application Section 4 - Entity Ownership Information This subsection must be completed by any licensee that is a corporation or LLC. Corporations and LL s are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or find your CBPL entity number by vising the following site: htti2s:Z/www.commerce.alaska.gov Icb'main,lsearchientities Partnerships may skip to the second half of this page* Sole proprietorships should skip to Section 5. Alaska CBPL Entity #: �� qq You must ensure that you are able to certify the following statement before signing your initials in the box to the right: Initials -- I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders Misted below} are also currently and accurately listed with CBPL., '00W� This subsection must be completed by any communitV or gin, t�ty� including a corporation,, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page. If the applicant is a corporation, the foIlo Ping information must he completed for each stockholder who owns 10 or more of the stock in the corporation, and for each president, vice-president, secretary, and managing `veer, 0 If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 10 ormore, and for each manager. If the applicant is a partnership] including a limited partnership, the following information roust be completed for each partner with an interest of 10 or more, and for each general Partner. Entity official Warne: 15 V Title(s): Phone: � � ° Owned: Mailing Acldress, r- V e �<— ity: State ■ ZIP: Entity Official Name: Z4?4k.--. Title(s): i Phone: % awned: eo Mailing .address: City: State: ZIP: Entity Official Name: Title(s): Mailing Address: City: [Farm B-17] (rev 10/16/ 017) License #S289 DBA, Seward Brewing Company Phone: I I °, Owned: State: I I ZIP: Pa e3 f5 4 NOV 1 7 �10i� 138 ALC6NOL MARFJUANA CONTROL OFFICE i ST87EOF.ALASI(A._.�,_. i 139 M,4,k Alcohol and Marijuana Controi Office 550 W 71h Avenue, Suite 1600 C Anchorage, AK 99501 alcohol. licensi ng@alaska.gav httos:Zlwww.commerce.alaska.gov/web/amco AMC0 Phone- 907.269-0350 Alaska Alcoholic Beverage Control Board .1 Form ,47 2018/2019 Renewal License Application Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor license was operated: 2016 2017 The license was regularly operated conti n ULOus ly throughout each year, for 8 or more hours each day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The I ice nse was only ape rated to meet the m ini m urn requirement of 30 days each year, 8 hours each day. If this box is checked, a complete copy of Form AS-30: Proof of Minimum Operation Checklist, and all necessory documentation must be provided with this applicotion. The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresP ndin fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement. Section 6 - Violations and Convictions Applicant violations and convictions in calendar years 2016 and 2017: Yes No Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2016 or 2017? Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2016 or 2017? If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 - Alcohol Server Education This section must be completed pleted only by the holder of a beverage dispensary, club, or p ub Ii ce nse or conditional contractors permit. it. The holders of all other license types should skip to Section S. Read the line below, and then sign yourinitialsin the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all worki ng hours, as required under AS 04.2 1.025 and 3 AAC 304.465. [Form AB-17] (rev 10/16/2017) License #5288 DBA Seward Brewing Company RE EIVEDD NOV 17 4.M'a� , ALCOHOL MARWANA CONTROL OFFICE' 139 STATE OFALASKA 140 1, #0 AMCO �IPROLOO� Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensing2alaska.gov httt)s,//www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application Section 8 - Certifications Read each line below, and then sign your initials in the boxtothe right of each statement: I certify that all current licensees (as defined in AS 04.11-260) and affiliates have been listed on this application. I certify that in accordance with AS 04.11.450, no one other than the I icensee (s) has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AIVIC0 is grounds for rejection or denial of this application or revocation of any license issued. Initials As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying, schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so by any deadline given to me by AIVIC0 staff will result in this application being retur d to me as incomplete. CALF C-` ,, . SignatLde of licensee %'t C -j gfiet-urcof b) is PbWiQn and for the State of I Printed name of licens4e 3 lob ► My commission expires - OF Subscribed and sworn to before me this day of /20 42 J License Fee: 1 $ 250-00 1 Application Fee: $ 200.00 OTAL: $450.00 Late Fee of $500.00 — if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): [Form AB-17] (rev 10/16/2017) License #5288 DBA Seward Brewing Company 140 Page of .5' �uoVI 7 70111 - ALCOHOL MARrJUANA CONTROL OFFICE I STATE OFALASKA 141 AGENDA STATEMENT Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Seward Brewing Company Restaurant/Eating Place — Public Convenience License #5287 The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Seward Brewing Company, License #5287, Restaurant/Eating Place — Public Convenience. 141 142 MEMORANDUM Date: November 27, 2_0 17 To: Naneth Ambroslani Finance/Leases Sarks Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie the Fire Department From: Brenda Ballow, City Clerk I,* RE: Verifving Compliance for the Renewal of Liquor License .1 The following business has applied for a renewal of their liquor license. Please review for compliance with all Utilities, lease paynients... assessments, and life safety issues. Thank you. Name of Business: Seward Brewing Company Licensee: Catcherco, LLC Type of License: L I cens e Number: [ Denartment Restaurant/Eating Place — Public Convenience 5287 Finance/Leases FimmcefUtilines Police Chief Fire Chief Status Initials CL V cm)I I t� �-rrrbro Sri MIA d t� Cww.,plw..f (r /J/� 142 143 KENAI PENINSULA BOROUGH �B 144 North Binkley Street • Soldotna, Alaska 99669-7520 Q PHONE: (907) 714-2160 •FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK November 2712017 Sarah Da u lton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7t" Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non -Objection of Restaurant/Eating Places —Public Convenience Application Business Name Seward Brewing Co License Type Restaurant/Eating Places —Public Convenience License Location 139 4th Ave, Seward License No. 5287 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal license. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant, City of Seward, KPB Finance Department & File 143 144 THE STATE °fALASKA GOVERNORBILL WALKER November 22, 2017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net i ki n neV@cityofsewa rd. net Cc: 8oanne@borough.kenai.ak.us iblankenship@borough.kenai.ak.us kri ng@ borough. kena i.a k. us Department of Commerce, Community, and Economic Development Re: Notice of 2018/2019 Liquor License Renewal Application ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Restaurant/Eating Place —Public Convenience License Number: 5287 Licensee: Catcherco, LLC Doing Business As: Seward Brewing Company We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, ��1;11161vkw Erika McConnell, Director amco.localgovernmentonly@alaska.gov 144 ()V104-4 C ?r AMCU Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 711 Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensing2a laska,gov httas://www.commerce.ala.ska.izov/web/aiiico Phone: 907.269.0350 r! Restaurant or Eating Place License 0�V�VOILOV�wirly Form AB-17a: 2018/2019 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing restaurant or eating place liquor license that will expire on December 31, 2017, All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105. The Community Council field only shouid be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section I - Establishment and Contact Information Enter information for the business seeking to have its License renewed.. If any populated information is incorrect, please contact AMCO Licensee: Catcherco,LLC License 5287 License Type: Restaurant/Eating Place - Public Convenience Seasonal Statute: AS 04.11.400(g) Doing Business As: Seward Brewing Company Premises Address: 139 4th Avenue Local Governing Body: I City of Seward (Kenai Peninsula Borough) Community Council: MallingAddress: City: z711f W%" None A14— state: 99G4¢ zip: Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is required to be listed in and authorized to sign this application. Point of Contact: I -, tL4AVq Contact Phone: qoll q I job I Business Phone: Contact Email: bqp- 0A a*d W. Yes No Seasonal License .7 q [Form A113-17a] (rev 10/16/2017) License #5287 DRA Seward Brewing Company If "Yes.", write your six-month operating period; 145 ap NOV 1 lig @115 'ALC6—HOL MARFJUANA CONTROL OFFICE SLA1�QFALASLKk___-- 4 C AMCO Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 5501 7 1h Avenue, Suite 1600 Anchorage, AK 99501 allcohol.ficensingPalaska,gov https:Z/www.commerce.alaska-gov/we.bZamco Phone: 907.269.0350 r. Restaurant or Eating Place License Form B-1 a. 2018/2019 Renewal License Application Section 2 - Authorization Communication with AMCO staff: Yes No Does any per -son other than a licensee named in this application have authority to discuss this license with A staff? If "fes", disclose the name of the individual and the reason for this authorization: WW--11 E ftow, f'.7"Vir, afim.,- 40 AiIA41 - Section 3 - Sole Proprietor Ownership Information This section must be completed by any sole proprietorship who is applying for license renewal. Entities should skip to Section 4 If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each I lcen, see and each affiliate (spouse). This individual is an: 0 applicant © affiliate Name: Mailing Address: City: State: ZIP: Email: Contact Phone: This individual is an: applicant affiliate Name: Mailing Address: City: State: ZIP: Email: Contact Phone: [Form AS-17a] (rev 10/16/2017) License #5287 DBA Seward Brewing Company NUV i kfiMlof 'ALCOHOL MARWANA CONTRK OFFICE 146 STAT E OF ALASKA - - ot 14 Jt4 v �Z AMC0 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 aIcohol..licensing@alaska.gov fitW-s:./Iwww.commerce.alaska.p,ov/'web amco Phone: 7.69.05O Restaurant or Eating Place License Form AB-17a: 2018/2019 Renewal License Application Section 4 -- Entity Ownership Information This subsection must becompleted by any licensee that is a corporation or LLC. Corporations and LLs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity(s status or fend your CBPL entity number by vising the following site: https://www.commerce.alaska.gov/cbp/m,ain/search/entities Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5. Alaska CBPL Entity #: You roust ensure that you are able to certify the following statement before signing your initials in the box to the right: Initials l certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL. This subsection must be completed by any corn munity or entity, Including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional {completed copies of this page. If the applicant is a corporation, the following information must be completed for each stockholder who owns 10 or more of the stock in the corporation, and for each president, price -president, secretary, and managing officer. • If the applicant is a lim ited liability organization, the following information must be completed for each member with an ownership interest of 10 or, ore, and for each manager. • If the applicant is a partnership, including a limited partnership, the following Information must be completed for each partner with can interest of 1 % or more, and for each general partner. Entity Official Name: Titles: Ww/ V02 - Phone; �� Owned: 41�0 IIa i l i ng Add ress; City: State: ZIP; '?9,/& Entity Official Name: Title(s): Phone; % Owned: Flailing Address: City; e5e t41AWJ> State: ZIP* 19966 Entity Official Name: Titles): Phone: Owned: Mailing Address; City; State:FM f (C [Form AB-17a] (rear 10/16/2017) of License ##5287 DBA Seward Brewing Company ALCOHOL MAArJk1ANA CONTROt OFFICE I STATE OF -ALAS A i 147 0 4� God` AMco Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensingCa)a laska.gov https://www-commerce.alaLLa.gov/web/amco Phone, 907.269.0350 Restaurant or Eating Place License Form AB-17a: 2018/2019 Renewal License Application Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor license was operated: 2016 2017 The license was regularly operated continuously throughout each year, for 8 or more hours each day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, c7nd a// necessary documentation must be provided with this application. The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29- Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operotedfor at least the minimum requirement. Section 6 - Violations and Convictions Applicant violations and convictions in calendar years 2016 and 2017: Yes No Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2016 or 2017? Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AA C 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2016 or 2017? If "Yes," to either of the previous two questions,, attach a separate page to this application listing all NOVs and/or convictions. Section 7 - Alcohol Server Education Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron Dave completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as required under AS 04.21.025 and Ok 3 AAC 304.465. [Form A13-17a] (rev 10/16/2017) License #5287 DBA Seward Brewing Company W E 0 NUV iagAA ALCOHOL MARNUANA CO NT R R OFFICE STATE GF-ALASKA 148 1644'k OV 0 AMCO A& ROLOVO Alaska Alcoholic Beverage Control Board Alcohol and Mar)ivara Control Office 550 W 71� Avenue, Su;te 1600 Anchorage, AK 9950-1 alcohol.licensiiig@alaska.gov littPs://www.commerce.alaska.jzov/web/amco Phone: 907.269.0350 Restaurant or Eating Place License Form AB-17a: 2018/2019 Renewal License Application Section, 8 - Gross Receipts Enter the dollar amounts of the food and gross (food + alcohol) receipts on the licensed premises, and calculate the percentage of gross receipts that are from food sales on the licensed premises for each calendar year. (Food Receipts -, Gross Receipts x 100 = %) 2016 Food Receipts: $ qt& I qo� 2016 Gross Receipts: $ % From Food: % A 2017 Food Receipts: $ 2017 Gross Receipts: $ %FrornFood: % .94V 0 �7 J le Section 9 - Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application. I certify that in accordance with AS 04.11,450, no one other than the ficensee(s) has a direct or indirect financial interest in the licensed business. 1W I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board.. 9-V I V I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMMO is grounds for rejection or denial of this application or revocation of any license issued. As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so by any Oadflne given to me by AO staff will result in this application being r t-U�Ped to me as incomplete. \X1 i NNz I _J N CA4 Signature of licensee . Signature of Notary Public *-Pug� in and for the State of C, pill Printed name of licensee a I�:: -Y U BL My commission expires: ffjc.r; Subscribed a4v&ndWbhV&r' e this day of z� eve.wLz� 20 License Fee: 1 $ 300.00 1 Application Fee: 1 $ 200.00 TOTAL- $500.00 Late Fee of $500-00 — if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): [Form AB-17a] (rev 10/16/2017) License #5287 DBA Seward Brewing Company 149 NUV Jaa 5 ALCOHOL MARNUANA CONTROt OFFICE I STATE OFALASKA 150 AGENDA STATEMENT Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Chinooks Waterfront Beverage Dispensary License #4617 The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Chinooks Waterfront, License #4617, Beverage Dispensary. 150 151 MEMORANDUM Date: December 121, 2017 To Naneth Ambrosiani Finance/Leases Angela Ebberson Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie At' ey Fire Department From: Brenda Ballow. City Clerk RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank vou. Name of Business: Chinooks Waterfront Licensee: Fam Alaska Type of License: Beverage Dispensary License Number: 4617 Denartment inance/L eases -Finance/Utilities Police Chief Fire Chief Status Initials 151 152 KENAI PENINSULA BOROUGH �B 144 North Binkley Street • Soldotna, Alaska 99669-7520 Q PHONE: (907) 714-2160 •FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK 12/15/2017 Sarah Da u lton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7t" Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non -Objection of License Renewal Application Business Name Chinooks Waterfront License Type Restaurant/Eating Places License Location 1404 4th Avenue -City of Seward License No. 4617 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, U Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant, City of Seward, KPB Finance Department and File 152 153 THE STATE °fALASKA GOVERNORBILL WALKER December 7, 2017 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net i ki n neV@cityofsewa rd. net Cc: 8oanne@borough.kenai.ak.us iblankenship@borough.kenai.ak.us kri ng@ borough. kena i.a k. us Department of Commerce, Community, and Economic Development Re: Notice of 2018/2019 Liquor License Renewal Application ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Beverage Dispensary License Number: 4617 Licensee: Fam Alaska Doing Business As: Chinooks Waterfront We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, ��1;11161vkw Erika McConnell, Director amco.localgovernmentonly@alaska.gov 153 154 44 Alcohol and Marijuana Control Office NIN, 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohoi.ricensing@alaska.gov httos:/Iwww.commerce.alaska.gov/web/amco AMCO Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board PRL OVO Form AB-17: 2018/2019 Renewal License Application 0 What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS C4.11.270 and 3 AAC 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control office (AJVICO)'S main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section I - Establishment and Contact Information Enter information for the business seeking to have its license renewed. If any populated information is incorrect, please contact AMC . Licensee: Faro Alaska License #: 4617 License Type: Beverage Dispensary Statute: AS 04.11.090 Doing Business As. Chinooks Waterfront Premises Address: 1404 4th Avenue Local Governing Body: City of Seward (Kenai Peninsula Borough) Community Council: None MailingAddress: ip Zo City: State: e ZI P; Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is required to be listed in and authorized to sign this application. Point of Contact: A I Contact Phone: _A� Business Phone: / 1�e Contact Ema'il: Yes No Seasonal License? [Form AB-17] (rev 10/16/2017) License #4617 DBA Chinooks Waterfront ED If "'Yes", write your six-month operating period: V V JJ JU I 7 11-7 _Pa ge of 5 FIC E 154 156 v Amoco Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1500 Anchorage, AK 99501 alcohol.licensfn alaska.gov htt s: ww .comm rce.alaska. ov web arnco Phone: 907. 59.0350 Alaska alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application Section 2 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with AMCO 12 staff? If J' es", disclose the name of the individual and the reason for this authorization: Section 3 - Sole ProprietorOwnership Information This section must be completed by any sole proprietorship who is applying for license renewal. Entities should ship to Section 4. if more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse), This individual is an: Q applicant F� affiliate Name: Mailing Address: City: State: ZIP: Email: Contact Phone: This individual is an: D applicant F affiliate L OFFICE [Form AB-1.7] (rev 10/16/ 017) License #4617 D$A Chinooks Waterfront 155 156 Alcohol and Marijuana Contrall' Office 550 W Vh Avenue, Suite 1600 el C Anchorage, AK 99501 alcohol.licensing@alaska.gov htWs:/1www.comrnerce.alaska.gov am co JwebLarco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board 'q0 0 L ivo Form B 17: 2018/2019 Renewal License Application Section 4 - Entity Ownership Information This subsection must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or find your C13PL entity number by vising the following site: https://www.commerce-alaska-gov/cbpLmain/search/entities Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5. Alaska CBPL Entity #: You must en -mire that you are able to certify the following statement before signing your initials ir, the box to the right: Initials I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL. This subsection must be completed by any c rnmuni or including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page. 0 if the applicant is a corporation, the fo I I owi n g information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. 0 If the applicant is a limited liability organization, the fallowing 1 nformation m ust be completed for each member with an ownership interest of 10% or more, and for each manager. 0 If the applicant is a partnership including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. I Entity Official Name: Title(s): Phone: % Owned: el Mailing. ddres . ? 0 0 A City: State: r zi P.0 '&f Ez L I Entity Official Name: Title(s): Phone: % Owned: Mailing Address: Vll. n JD Cite State: . _�...� KIN 2 a- 2p W T) Pag VOL OFFICE' [Form AB-17] (rev 10/16/2017) e 3 1 2� A License #4617 DBA Chinooks Water -front 156 157 C AMC O ROL 01 Alcohol and Marijuana Control Office 550 W 7'� Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@ala!;ka.gov https.Z/www.commerce.alaska-gov/web/anico Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor license was operated: 2016 2017 The license was regularly operated continuously throughout each year, for 8 or more hours each day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day. if this box is checked, a complete copy of Form A B-30: Proof 01'Minimum Operation Checklist, and all necessary documentotion must be provided with this applicotion. The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years. If this box is checked, a complete copy of Form A B-29.- Waiver of Operation Application and corresponding fees must be submitted with this application for each colendar year during which the license was not operated or at least the minimum requirement. Section 6 - Violations and Convictions Applicant violations and convictions in calendar years 2016 and 2017: Yes Na Have any notices of violation (N OVs) been issued to this licensee in the calendar years 2016 or 2017? Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AA C 304, or a local ordinance adopted under AS 04.2 1.010 in the calendar years 2016 or 2017? If "Yes" to either of the previous two questions,, attach a separate page to this application listing all NOVs and/or convictions. Section 7 - Alcohol Server Education This section must be completed only by the holder of a beverage dispensary, club or pub license or conditional contractWs permit. The holders of all other license types should skip to Section 8. Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as required under AS 04.21.025 and 3 AA C 304-465. Q� [Form AB-17] (rev 10/16/2017) License 44617 DBA Chinooks Waterfront NOV 3 P 2017 AU H U L ����. Page'4,910LOFFICE 1' 157 158 OV & Alcohol and Marijuana Control Office � r550 W 71' Avenue, Suite 1600 Anchorage, AK 99501 T alcohol. licensing@)a laska.go httos:liwww.commerce.alaska.goyL A 0 web/arnco _�' i�F Alaska Alcohok Beverage Control Board Phone- 907.269.0350 ,, � Form ,17: 2018/2019 Renewal License Application Section 8 - Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all current licensees (as defined in AS 04.11.2GO) and affiliates have been listed on this application. I certify that in accordance with AS 04-11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. I cel—Lify that ' have ooL altered the functional Floor plan or reduLed or expanded the area of tree licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AIVICO is grounds for rejection or denial of this application or revocation of any (icense issued. t As an applicant for a liquor license renewal, I declare under penalty of per -jury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true., correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of thi pplication and understand that failure to do so by any deadline given to me by AMC( staff will result in this application being recur ed to me as incomplete. pp, to 'C" m A ieu Spature of licL!rnsee 4utu 7rel f Notary Public Notary Public in and for the State of Printed name of licensee ZDyanne Bell My commission expires: C, I ti Ip Notary Public Mohave County, Arizona my . 2 Comm, Expireg 10 R[N� bed and sworn to before me this day of 20/1. License Fee: 1 $ 2500.00 1 Application Fee: 1 $ 200.00 TOTAL $2700.00 Late Fee of $500.00 — if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL. NOV 3 R 2017 ALCOHOL MAR UUTN4 CONTROL OFFICE STATE OF ALASKA [Form AB-171 (rev 10/16/2017) Page 5 of 5 License #4617 DBA Chinooks Waterfront 158 159 City of Seward TRAVEL AUTHORIZATION ( All information must be completed and the authorization approved prior to travel. NAME POSITION DATE DEPARTMENT DIVISION / SECTION PHONE NUMBER PURPOSE OF TRIP ITINERARY ) ( Itinerary must be completed to confirm Per Diem for MealsDEPARTURE DATE Time Departing Time Arriving at RETURN DATE SewardSeward ORIGINCONTACT TELEPHONENUMBER MODE OF -. AIR PRIVATE VEHICLE CAR RENTAL OTHER: (Specify) List which meals on which days Per Diem is being requested for. ( B - MID to 10:00, L - 10:00 to 3:00, D - 3:00 to MID ) Must travel 3 hours within each meal period to receive that Per Deim INFORMATION (Place of Lodging, etc) CHARGEOTHER ESTIMATED EXPENSES • CODE -.please fill in) TRANSPORTATION $ Fund I Dept JGL Amount LODGING $ $ MEALS $ $ REGISTRATION FEES $ $ CAR RENTAL $ OTHER $ TOTAL $ By Who: 11$ How much? Submit Check Request with Copy of Travel Authorization for Advance COMPLETE TRAVEL AND OTHER EXPENSE VOUCHERS; ATTACH SUPPORTING DOCUMENTS AND SUBMIT TO FINANCE WITHIN 10 DAYS OF YOUR RETURN TO SEWARD, OR ALL MONIES ADVANCED TO YOU WILL BE DEDUCTED FROM YOUR NEXT PAYROLL CHECK. AN EXPENSE REPORT IS DUE EVEN WITH NO EXPENSES. EMPLOYEE'S SIGNATURE DEPARTMENT HEAD CITY MANAGER (Required on all out-of-state travel or when expenses are over $1,000.00) 159 White - Finance Copy Canary - Department Copy vi .E C CD 0 7r I m •-_ IA IA 7r _ OD E .IA 13� Lo— (LI T T A 0 0 f vi cl cn 7 2 0 Ae _ C: cn � 0 {ti E E H C I Q! 0 a 0 0 a_ ����111111111111111��� �11111111111111111111� ���111111111111111111� r4 I m � ap dp CL C) Cfl dw 'o C JA ddoe lip �D 0 — x CL ZC a 0� — aj � 0-0. x a., 0 �A � � 0 J r4 C � C �5 �_ r4 :IU 1:6 J } cr-v E vi J �: CL 0 5 LU0 CL CL E 'ACL C -�:OZ 0 V V L ,� W i' a u rW � m ,,I W ` W LLJw C � ` 9 CL 44 -0 n CL } H 0 E VI H � CD� C� � r4 J -Z �` i } _ r� re dv LU • a Y ikd�' •„• V f v _0W it CLrn T T T T T T •� n 0 ''mil~' FD <'�L�'1 i "irYYJ`.• '.1' Z rr r4 r1 � 0 ap m 0 M a M 0 Id- z U15 co r— T T T T T T ' Vf Vf L• 161 MEMORANDUM Meeting Date: January 22, 2018 From: Brenda Ballou, City Clerk Agenda Item: Electric Utility Training for City Council BACKGROUND & JUSTIFICATION: During the November 27, 2017 City Council meeting, Electric Utilities Manager John Foutz informed council that there would be a training held in Eugene, Oregon in March, 2018 which was designed to help board members understand the electric business. As a follow up to that meeting, Mr. Foutz has provided additional information for council's consideration: • Understanding the Electric Business - One -day course - Provides directors with an understanding of the key components of the electric utility industry - Estimated expenses: airfare $377.90, lodging $262.67, course fee $811.57 = $15452.14 pp • Strategic Planning - One -day course, follows on the second day - Teaches directors how to participate effectively in strategic thinking and planning processes - Estimated expenses: airfare $377.90, lodging $394.00, course fee for both days $999.90 = $19771.80 pp RECOMMENDATION: Discuss sending one or more members of council to attend the training. 161 A,c I-IvmA 40f\ Page I of 3 Event Profile IC Go Back 3 o 4� IEC CCD 2610 - Understanding the Electric (DynarniclPage.aspx? Business Reg evt k.ey=ab91b60d- f0ft-494a -a 1 e9- Date(s): March 28, 2018 eb0762588816&WebCode=Ev edirectorTL' Event start time: B-00 AM Venue: Lane Electric Cooperative, Inc. (hAp://www.laneelectric.c LDynamicPage.aspx? 787 Bailey Hill Rd Reg evt kQy=ab9lb60d- Eugene, OR 97402 Wb-494a-al e9- Website: Not available ebO 762588816&G ro up=yes&WebC ode= EvtF Fee(s): This event has a fee Description: Who Should Attend: Share: Directors, policy makers and general managers. Related Course: 9 Find it on Map NRECA CCD 2630 - Strategic Planning (hftr)s://nefforum.nwi)r)a.ora/eweb/DvnamiePaae.aSDX? webcode= Event In fo&Reg evt key=Obbe4ca6-16aa-4a73-a2a6- a 7a9c716e52f&Req Path =&F reeEve n t=O& Event= N RE CA CCD 2630 Strategic PIanniing&FundraisingEvent=0&evt guest limit=O), March 29, 2018 Course Overview: The electric utility industry is an evolving high-tech system that must be designed and engineered to meet regulatory and consumer standards for reliability, quality and safety. This requires an appropriate investment on a planned and ongoing basis. This Lane Electric Cool2erative, Inc. course provides directors with an understanding of the key components of the electric utility industry. (http://www.laneelectric.c Course Topics: * The basic functions and cost components of generation, transmission, and distribution. * Current and emerging technologies that are impacting utility operations and policies. • Issues related to distributed generation that the board may, need to address. • How environmental issues and national policies impact the cooperative. The board's role to ensure a safe working environment, Course Instructor: Rick Crinklaw 162 1/2/2018 �1�' - ' 1 R3 49, Page I of 3 Event Profile 51�"] � 3 �� 2�7�,gU 1w Go Back NRECA CCD 2630 - Strategic Planning (DynamicPage.aspx? Date(s): March 29, 2018 Reg evt key=Obbe4ca6- Event start time: 8-00 AM 16aa-4a73-a2a.0- a7a9c716e52f&WebCode=Evt!!Redire Venue: Lane Electric Cooperative, Inc. (hftp://www.laneelectric.c 787 Bailey K11 Rd Eugene, OR 97402 (DynamicPa-qe.aspx? Website: Not available Rea evt keY=0bbe4ca6- Fee(s): This event has a fee 16aa-4a73-a2a0- Description: Who Should Attend: a7a9c7l6e52f&Grour)=Yes&WebCode=EvtF Directors, policy makers and general managers. Share - Related Course: OShare N R ECA CCD 2610 - Understandinci the Electric Business (httl2s://nefforum.nwppa.o[g/eweb/DynamicPage.aspx? 9 Find it on Map webcode=Event1nfb&Req evt keY=ab91b60d-f06b-494a-a1e9- eb0762 588 816&Req Path =&Free Eve nt=O&Eve nt= N RECA CCD W I $I Ave 2610 Understandin the Electric 787 Bailey Hill Rd CDger _q Business&FundraisingEvent=O&evt quest liryflt=0), March 28, V ew ilarmap 0 2018 VV 5th A:Ve Course Overview: 1787 Bailey Boards have ultimate responsibility for ensuring and evaluating Stewart Rd the long-term health of the organization. They help fulfill this duty 1 71h Ave through strategic thinking; identifying goals through strategic planning and authorizing the appropriate allocation of resources through the adoption of financial policies, budget review and Go gle approval- and monitoring management's progress toward og1e MAP 4<c_TV2VM,0a strategic goals. This course teaches directors how to participate Lane Electric Cooperative, effectively in strategic thinking and planning processes, Inc. (hftp://www.[aneelectric. Course Topics. * The difference between strategic thinking and strategic planning. * Analyzing your cooperative's strengths, weaknesses, opportunities and threats. Recognizing the board's oversight responsibility. • Using the strategic plan in the annual evaluation of the cooperative's accomplishment and as the foundation of the CEO's performance appraisal. Course Instructor: Rick Crinklaw 163 1/3/2018 164 2610 Understandino the Electric Business — Credential Cooperative Director (CCD) certificate The electric utility industry is an evolving high-tech system that must be designed and engineered to meet regulatory and consumer standards for reliability, quality, and safiety. This requires an appropriate investment on a planned and ongoing basis. This course provides directors with an understanding of the key components of the electric utility industry. Course topics include: • The basic functions and cost components of generation, transmission, and distribution • Current and emerging technologies that are impacting utility operations and policies • Issues related to distributed generation that the board inay need to address • How environmental issues and national policies impact the cooperative • The board's role to ensure a safe working environment Course instructor is Rick :rinklaw, retired general manager of Lane Electric Cooperative. NRECA CCD 2610 - Understanding the Electric Business Date(s): March 28, 2018 Event start time: 8:00 AM Venue: Lane Electric Cooperative, Inc. 787 Bailey Hill Rd Eugene, OR 97402 Who Should Attend: Directors, policy makers and general managers. Related Course: NRECA CCD 2630 - Stralegic Planning, March 29,2018 Course Overview: The electric utility industry is an evolving high-tech system that must be designed and engineered to meet regulatory and consun-ter standards for reliability, quality and safety. This requires an appropriate investment on a planned and ongoing basis. This course provides directors with an understanding of the key components of the electric utility industry. Course Topics: 0 "I"he basic functions and cost components of generation, transmission, and distribution. 0 Current and emerging technologies that are impacting utility operations and policies. 0 Issues related to distributed generation that the board may need to address. • How environmental issues and national policies impact the cooperative. • The board's role to ensure a safe working environment, 164 Cart: Itinera q15 and price summary - Alaska Airlines Page I of I 70f1,7SAfZr Flight summary Change I Remove Flight Departs ,,f/gwto Alaska 80 Anchorage (ANC) Main (T) I Nonstop I Details 11:53 am Tue, Mar 27 Alaska 2299 Seattle (SEA) Operated by Horizon Air as AlaskaHorizon 5:40 pm Tue, Mar 27 Check in with Alaska Airlines Main (T) I Nonstop I Details Distance,- 1,677 mi I Duration- 5h 48m Arrives Seattle (SEA) 4:14 pm Tue, Mar 27 Eugene (EUG) 6:41 pm Tue, Mar 27 .,ofAn&0 Alaska 2296 Eugene (EUG) Seattle (SEA) operated by Horizon Air as Alaska Horizon 7:40 am Fri, M a r 30 8:54 am Fri, Mar 30 Check in with Alaska Airlines Main (G) I Nonstop I Details AX m* Alaska 119 Seattle (SEA) Anchorage (ANC) Main (G) I Nonstop I Details 10:20 am Fri, Mar 30 12-.57 pm Fri, Mar 30 Distance: 1,677 mi I Duration: 6h 17m Fare rules, ► Baggage rules @ 2017 Alaska Airlines, Inc, All rights reserved. Total price for I passenger $377.90 Taxes, fees and charaes Low -price guarantee Shop again using a discount or companion fare code, Total due now $377.90 USD Currency converter TEXT 165 1 https://www.alaskaair.com/Shopping/Cart/AddFlight 1/3/2018 Payment - Hlepton Inn Eugene Page I of 3 . Eugene, Oregon, 97402, USA #OIL It I Ah HOORAY! You're just a few clicks away from a worry -free stay - No booking fees, the best possible rates, and easy changes and cancellations. Reservation Summary: 27 Mar 2018 - 30 Mar 2018 1 room, 1 adult 3, nights Rebekah Ivy raivy@cityofseward.net Reservation Summary 27 Mar 2018 - 30 Mar 2018, 1 room for 1 adult 27 Mar - 30 Mar 1 room 1 adult Rebekah Ivy raivy@cityofseward.net Price Details (USDA 1 KING W/MICROWAVE-FRIDGE NONSMOKING US Government Price. $354.00 Taxes- $40.00 Loading. Please wait... Total for stay: $394.DO Optional services for an additional charge Self parking- Complimentary All guests get free standard Wi-F1 in -room and in the lobby. 166 https://secure3.h'iIton.com/en—US/hp/reservatioti/book.htm?execution=eI s7 12018 167 MEMORANDUM TO: City Council FROM: Brenda Ballou, City Clerk DATE: January 22, 2018 RE: City projects and goals - REVISED The following list of City Council projects and goals was reviewed and discussed at the March 20, 2017 City Council Work Session, and revised as follows: 1. New ADA accessible parking location on west side of City Hall 1- construction underway as of 612017 2. Set location for Satellite Fire Station and Public Works Building 1 3- 4. Discussion on Air Force Rec Camp Site 4 - work session held 912512017, public input requested unrbor nrnno 6. Saltwater Heat Pump Project 7. Energy Efficiency of City Hall 8. Ground Transportation for Ambulance Services 9. Animal Shelter Improvements 4 — council passed a resolution 211312017 10. modernized July 21, 2017 11. Research elected/appointed official tele-conferencing possibilities for meetings 3 12. Refine Exectitye CVFoeelY7 reS 3 _ work session held on May 8, 2017, Clerk prepared memo in May 22, 201 7packet 13. Update the KPB Tsunami Warning message to include specific reference to the local radio station (91.7/106.1) 14. Incentivize family entertainment -type businesses to come to Seward 4 15. Affordable Housing (including Summer Worker Housing) 1 — work sessions held May 22, 2017, June 12,2017,July 11,2017 16. Develop South Harbor Uplands — council supported PACAB recommendations, set building height limit 17. Seward Community Health Center Expansion 18. Building Maintenance 2 19. LED Light Conversions 2 1 Potential Work Session 2 Address as a budget consideration 3 Awaiting City Attorney input - # 11 will be scratched unless City Attorney advises differently 4 Currently underway 167 4) M �LLo I c 1) L M 1 m 0 ++ p V LL 0 1 m 0 rn 0 00 4-0 co Coo T- o N \ LO r s= ry (� a) � O C 70 C � Q fb n a) 70 � m WOMLnOI�I:tMNMI`MM,;TLOCflooO(o00 I`f`OI`I`I`MOOLOOOCflONrr00MM00 OOMNOCDOOCDrCD�MOti OOO�WOCD0rI`CDCDCDtiCDOCDOrOI`OtiOOOCY)00N�NM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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