HomeMy WebLinkAbout1974-07-03 Council PacketCOUNCIL PACKETS
1974
Kenai City Council
Meeting Packet
July 3, 1974
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COUNCIL �Il-1.}ll y � �'F JlJLY S, 1974
4 r h
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1
STEINER7 �
BIELEFELD
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HUDSON '
Mr rgany
JOHNSON
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AGENDA
-
REGULAR MEETING, KENAI CITY COUNCIL
JULY 3, 1974, 8:00 P.M.
E
KENA1 LIBRARY
PAGE
PLEDGE OF ALLEGIANCE
1
A:
ROLL CALL
1
I
AGENDA APPROVAL
1
B:
PUBLIC HEARINGS:
NONE
C:
PERSONS PRESENT SCHEDULED TO BE HEARD:
NONE
1.
2.
3.
D:
MINUTES
•
1. Minutes of Regular Meeting, June 19, 1974.
1
H - 2:
City Attorney's Report
1
E:
CORRESPO.YDENCE
1. Telegram - Senator Stevens
1
2.
f
S.
a
F:
OLD BUSINESS
1. Artesian SVell 02/Water Project - Harold Galliett
DELETED
2. Adjustment of contract with Wildwood
2
3.
4.
S.
6.
.
7.
S.
G:
NEW BUSINESS
1. Variance - Section 31 - Mr. Tibbetts
4-S
2. Bicentennial Committee Appointments
2
3. Bilis to be paid - bills to be ratified
Lease,
2
4. Ll, BS General Aviation -Robert T. Bielefeld
S. New Police Car-
(one available nc•u)
6. Peninsula Oilers Baseball,
7. Resolution 74-28-intrafund Expenditure Transfer
S
3
6. Resolution 74-29-Intrafund Revenue Transfer
4
�.
Resolution 74-30-011well drilling off Cape Kasilof
4
1G�
i
11.
12.
'
13.
k•_
14.
is.
H:
REPORTS
:.
1. City Manager's Re pport
a. B.L.M. Fire Fighting Operation
S
b. Virginia Gipbs - Borough Planning Dept.
=
S
C.KaRnu NIS Project
S
- -
d. Airport Fencing
5-6
'
3. Mayor's Report
6
4. City Clerk's Report
6
.1
S. Finance Director's Report
6
6. Planning 4 Zoning's Report
6
`
7. Borough Assemblymen's Report
6-7
1:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
NONE
1
-n
2.
3.
• MINUTES
KENAI CITY COUNCIL
REGULAR MEETING
JULY 3. 1974
8:00 P.M.
KENAI LIBRARY
M
The Council gave the Pledge of Allegiance.
ROLL CALL:
Members present - Robert Norene, H. J. Steiner *, Robert Bielefeld,
James Doyle. A. L. Hudson, Tru McCrady *, and Mayor C. E. Johnson.
* In•late.
Members absent - None.
AGENDA APPROVAL
The following agenda changes were made without objection:
Delete F - 1 - Artesian Well #2/Water Project - Harold Galliett
Add - G - 9 - Resolution 74-30 - Urging oilwell drilling off
Cape Kasilof in Cook Inlet
B:
PUBLIC HEARINGS:
None.
C:
PERSONS PRESENT SCHEDULED TO BE HEARD:
None.
D:
MINUTES
The Minutes of the Regular Meeting of June 19, 1974, were approved as
distributed.
H - 2:
City Attorney's Report
Mayor Johnson introduced Rick Baldwin, the new City Attorney.
E:
CORRESPONDENCE
The Clerk read the telegram from Senator Stevens announcing the
additional grant of $25,290 for. WPC -AK -33 from E.P.A.
F:
OLD BUSINESS
M
.MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page two
F-1:
F - 2:
G:
G-1:
G - 2:
G - 3:
Artesian Well #2/Water Project - Harold Galliett
Deleted.
Adjustment of contract with Wildwood
Mr. Elson stated the agreement in lieu of assessment payments will bi
Increased by $5,000, in lieu of an unmarked car in the Fire/Police
Protection agreement.
Doyle moved and Norene seconded to increase the revenue figure in t
Agreement for in lieu of assessment payments from $20, 000 to $25, OOt
The motion carried unanimously by roll call vote.
NEW BUSINESS
Variance - Section 31 - Mr. Tibbetts
Mr. Tibbetts has not arrived at this time. There was no objection to
placing this item of business at the end of the new business.
* Tru McCrady in now.
Bicentennial Committee Appointments
Mary Willets, Chairman of the Mayor's Committee on History and
Tradition, stated Kenai has not, as yet, been designated a b1centenni
City. The former State chairman has resigned and the temporary
chairman could not find anything in the files on Kenai.
*Steiner in now.
Mrs. Willets spoke with Mr. Navarre and saw the material that was si
She has spoken to several people that are interested in helping and v
like to add their names to the committee. She will turn the names in
City Clerk. The Committee will come up with some projects for Coun
approval.
Mayor Johnson thanked Mrs. Willets for coming to Council this eveni
Bilis to be paid - bills to be ratified
Mr. Chen stated there is one bill from Johnston Jeffries in the amoun
$1,431.50.
Dole moved and Hudson seconded to pay Johnston Jeffries $1,431 - 50. The
motion carried unanimously by roll call vote.
.1
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G
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Artesian Well #2/Water Project - Harold Galliett
Deleted.
Adjustment of contract with Wildwood
Mr. Elson stated the agreement in lieu of assessment payments will bi
Increased by $5,000, in lieu of an unmarked car in the Fire/Police
Protection agreement.
Doyle moved and Norene seconded to increase the revenue figure in t
Agreement for in lieu of assessment payments from $20, 000 to $25, OOt
The motion carried unanimously by roll call vote.
NEW BUSINESS
Variance - Section 31 - Mr. Tibbetts
Mr. Tibbetts has not arrived at this time. There was no objection to
placing this item of business at the end of the new business.
* Tru McCrady in now.
Bicentennial Committee Appointments
Mary Willets, Chairman of the Mayor's Committee on History and
Tradition, stated Kenai has not, as yet, been designated a b1centenni
City. The former State chairman has resigned and the temporary
chairman could not find anything in the files on Kenai.
*Steiner in now.
Mrs. Willets spoke with Mr. Navarre and saw the material that was si
She has spoken to several people that are interested in helping and v
like to add their names to the committee. She will turn the names in
City Clerk. The Committee will come up with some projects for Coun
approval.
Mayor Johnson thanked Mrs. Willets for coming to Council this eveni
Bilis to be paid - bills to be ratified
Mr. Chen stated there is one bill from Johnston Jeffries in the amoun
$1,431.50.
Dole moved and Hudson seconded to pay Johnston Jeffries $1,431 - 50. The
motion carried unanimously by roll call vote.
MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page three
G - 4: Lease, L1, B5 General Aviation - Robert T. Bielefeld
Doyle moved and Norene seconded to approve the lease of Lot 1, Block
5 - General Aviation - Robert Bielefeld. The motion carried unanimously
by roll call vote with Bielefeld abstaining.
Councilman Hudson stated the Commission approved the lease with the
stipulation the dirt work and the first phase of the development be
accomplished in two years. Mr. Bielefeld stated that was no problem.
G - 5: New. Police Car (one available now)
Mayor Johnson stated there is one police car available. It is a different
color and has air conditioning. The price if $4,680. The Charter says
we must go to bid. Mr. Chen stated we did go out to bid to purchase the
first car and an option for a second car.
Hudson moved and Norene seconded to go out to bid for a pol ice car.
After some discussion, the motion carried by roll call vote with Johnson
abstaining.
G - 6: Peninsula Oilers Baseball
Councilman Norene reported that since Mr. Navarre got together with the
director, the rest of the board are looking at other lands. They need to be
served by water so they can start building up the turf. He recommends this
be tabled until the next meeting so the board can come up with recommend-
ations.
McGrady moved and Norene seconded to table any action and I the next
regular meeting to get more information and a recommendation from
Administration. The motion carried unanimously by roll call vote.
Councilman McCrady requested the new City Attorney give his opinion
on rescinding Resolution 71-18.
G - 7: Resolution 74-28 - Intrafund Expenditure transfer
Mr. Chen stated the reason for this resolution Is to utilize the $5,000 from
the Wlldwood agreement in lieu of assessment payments.
Hudson moved and Doyle seconded to adopt Resolution 74-28 - Intrafund
Expenditure Transfer - Transferring $5, 000 from "Transfer" Account on
Non -Departmental to "Machinery E Equipment" Account of City Manager
Office within General Fund. The motion carried unanimously by roll call
vote.
-'WWF-
MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page four
G - 8: Resolution 74-29 - Intrafund Revenue. Transfer
Steiner moved and Hudson seconded to adopt Resolution 74-29 - lntrafund
Revenue Transfer - "Miscellaneous Revenue" Account of Water/Sewer
Fund Revenue be Increased by $S, 000 and "Interfund Transfer" Account
of Water/Sewer Fund be decreased by $5,000. The motion carried
unanimously by roil call vote.
G - 9: Resolution 74-30 - Oil drilling off Cape Kasllof in Cook inlet
Bielefeld moved and Doyle seconded to adopt Resolution 74-30 - Urging
the State Department of Natural Resources and the Corps of Engineers to
permit ollwell drilling off Cape Kasllof In Cook Inlet. The notion carried
by roll call vote with McGrady dissenting.
G - 1: Variance - Section 31 - Mr. Tibbetts
Mr. Elson asked Mr. Tibbetts to speak in his behalf.
Mayor Johnson stated the property Is on Forest Drive where Mr. Hatton
had a garage.
Mr. Tibbetts stated there is grandfathers rights on the garage. He would
request a permit to move a mobile home on the land for a period of three
years.
Mr. Elson stated the Borough has the authority for zoning. Application
should be made through the Borough Planning Commission.
After some discussion, Norene moved and Bielefeld seconded the non-
conforming use of a garage be allowed on Lot 71, Sec. 31, T6N, RI IW,
S.M.
Councilman Hudson stated that 12 months have passed and there Is no
longer grandfather rights. .
Mr. J. W. Thompson stated the land was tied up 2 or 3 years In Iltigation.
He has a statement from W. R. Jahrig stating he has used the garage for
storage and overhauling. The building has not been vacant for over three
months.
Mr. Baldwin, City Attorney, stated the Council can set as a Board of Appeals.
The enforcement powers has been delegated to the Borough and they have
full powers to regulate zoning.
lid
MINUTES KENAI , A CITY COUNCIL MEETING, JULY 3, 1974 Page five
G - 1 - Variance - continued
Doyle moved and McGrady seconded to table the variance - garage use
and trailer until we have the opinion of the City Attorney if it has to go
to the Borough. The motion tied and thereby failed. Voting yes; Doyle,
Hudson S McGrady. Voting no; Norene, Steiner and Bielefeld. Abstaining;
Johnson.
The main motion failed by roll call vote. voting yes; Norene.6 Bielefeld.
Voting no; Steiner, Doyle, Hudson & McGrady. Abstaining; Johnson.
After further discussion, Mr. Tibbetts was advised to speak with Sam
Best, Planning Director of the Borough.
H: REPORTS
City Manager's Report
(a) B.L.M. Fire Flghtinq Operation
Mr. Elson stated he spoke with Mr. Holtz of B.L.M. and they want to
transfer the Fire Fighting Operation from Soldotna to Kenai in one to
three weeks. There is a hydrant available. They will mix the retardent
In Soldotna. Mr. Chen stated they will pay $20 a day for 1, S00 sq. ft.
(b) Virginia Gibbs - Borough Planninq Dept.
Mr. Elson reported Sam Best phoned that Virginia Gibbs from the Borough
F
Planning Dept. passed away. Councilman Norene stated a fund is being
set up in her name for flowers and shrubbery around the Borough Building
and for a plaque.
(c) Kaknu W/S Project
Mr. Elson reported there are problems with this project. The streets are
still torn up and people are driving through private property. The City
Attorney is going to write the contractor a letter. Councilman Doyle asked
If the penalty has exceeded the amount of the bond. Mr. Chen stated he
-
will check this out.
(d) Airport Fencing
Mr. Elson stated the contracts are signed. The agreement of acceptance
has the City Attorney's signature. F.A.A. has given Frank Wince oral
approval and will send the City a written approval. Upon receipt of the
signed documents, will have the surveying done, then the notice to
-
proceed. He stated there is a question of acquisition of 20+ acres,
.
privately held. Both routes are approved. There will be no reimbursement
until we have a clear title.
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• 'MINUTES, KENAi CITY COUNCIL MEETING, JULY 3, 1974 Page six
- H - 1 - City Manager's Report - continued 1
f 1
Bielefeld moved and Doyle seconded to proceed with the condemnation
procedure of the land to the extent we need for the project. After some
discussion, the motion carried by roll call vote with Steiner and Johnson
dissenting
Mr. Elson stated the land was appraised at $25,000 in September of 1973.
Doyle moved and McGrady seconded to not exceed $30, 000 on the land
without Council approval. The motion carried by roll call vote with
Steiner dissenting.
H - 3: Mayor's Report
Mayor Johnson stated he is going to appoint a Mayor's Recreation Committee
and appoint Dick Morgan, Chairman. `
He also recommends the City Manager's car be cleaned up.
H - 4: City Clerk's Report
No report.
H - S: Finance Director's Report
Mr. Chen stated the Finance Department is in the process of closing the
t books and will do the internal audit first.
He further stated in the agreement with BLM they didn't waiver the landing
�.. fee.
Councilman McGrady asked if AAI was current and Mr. Chen stated they are.
' 1 i
H - 6: Planninq 8 Zoning's Report
Commissioner Hudson stated the Commission unanimously disapproved
the variance for Mr. Tibbetts.
The Commission approved the development plan and lease of Kenai Aviation. -
_____- H - 7: Borouqh Assemblymen's Report
Assemblyman McGrady reported on the Assembly Meeting of July 2, 1974.
Ordinance 74-28 - concerning rezoning within the City of Homer, failed.
-' Ordinance 74-38 - refunding of school bonds in the amount of $2,075,000,
was Introduced.
11V
MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page seven
H - 7 - Borough Assemblymen's Report - continued
I
Ordinance 74-33 - Relating to the composition of the Borough Assembly
and providing districts for election of Assemblymen and providing for
a weighted vote, was up for reconsideration and was not reconsidered.
The construction of trailer pads for teacher housing to Cooper Landing
was approved.
The portable from North Kenai School Is being moved to Homer.
Resolution 74-38 - Urging the State Dept. of Natural Resources and the
Corps of Engineers to permit oilwell drilling off Cape Kasilof in Cook Inlet,
passed.
_. Resolution 74-39 - Selecting certain lands for public use sites, passed.
Resolution 74-40 - Protesting formation of low altitude training route for
high speed military aircraft over the Kenai Peninsula, passed.
is PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
None.
MEETING ADJOURNED 10:30 P.M.
Respectfully submitted,
Sharon Loosil, City Clerk
IL
...:aS. .. - _ ...m_ _ __ <. ._. .. - . __ —_ _ - I I I I inu I I ! I III III. II + II IIIU d «.-. ...«.• ".....:--- ..
6/28/74
4:30 P.M.
a
TELEGRAM
T0:
GEORGE A. NAVARRE, CITY MANAGER
FROM: TED STEVENS
— f t
f
PLEASED TO ANNOUNCE THAT KENAI HAS BEEN AWARDED A GRANT ?
INCREASE FROM E.P.A. IN THE AMOUNT OF $25,290, FOR CONSTRUCTION
OF EXTENSION OF SEWAGE TREATMENT PLANT AND CONVERSION OF
} EXISTING PLANT TO CLORINATION CHAMBER TO PROVIDE SECONDARY
TREATMENT. PO^c.MER GRANT $697',500 WITH'INCREASE NOW TOTAL
-. t
a
$722,790.
a
TED STEVENS
i
41
July 3, 1974
TO: HONORABLE MAYOR AND CITY COUNCI
SI r
FROM: JAMES ELSON, INTERIM CITY MANA(
IS
SUBJECT: WILDWOOD WATER CONTRACT
Pz Council approval is needed to increase the revenue fJ
of the above captioned contract from $20,000 to $25,(
This increase is to allow for the purchase of a vehic
aures n ncerely,
cerel)
aAQJ�
A. Elson
nterim (
nterim City Manager
t
x
KENAI CITY COUN. i, MINUTES 16 JUNE, 1969
Roll calls Members present - Charles A. Bailie, Robert Bielefeld,
John Hulien, Billy McCann, Mrs. rlorine McCollum, Hugh Malone and
mayor Eugene H. Morin; Members absent - none.
With consent of Council Items A-3, r-l(a), r-79 r-9 and G-4 were
added to the Agenda.
A -is Acting City Manager Pals 0. Kjelstad informed Council the Plan-
ning Commission recommended Lots 27 thru 31 and 38 thru 41, Block 9,
Ahlstrom Subdivision be rezoned from Suburban Residential (SR) to
General Commercial (CC).
The meeting was opened for public hearing and the Mayor asked
that speakers limit their presentation to one time; everyone would
.be heard that'had anything pertinent to say, but don't come back
later.
Ralph Darbyshire, Planning Director for the Kenai Peninsula
Borough was the only speaker from the floor; he slid the area was
greater than the Planning staff recommended, but there was no signi-
ficant difference.
The public hearing was closed as noone else wishdd to speak.
Council discussed the possibility of having one lot where the storage
building of the lumber yard is; also a buffer strip between the
commercial and residential areas.
Bielefeld moved, McCollum seconded, to grant approval of the
change in zoning Lots 27 thru 31 and 38 thru 419 B1. 9, Ahlstrom S.D.
!lotion passed by roil call votes Affirmative - Bailie, Bielefeld.
Nulien, McCann, McCollum and Malone; Negative - none.
A -2t Norio read J. B. Nordale's letter regarding the non -conforming
use of a portion of Lot 71, Sec. 319 T611, R11W9 S.M. and stated his
legal opinion as Borough Attorney. His conclusion was that the use
of the premises for garage and pat shop should not be allowed; the
Planning Commission had recommended the garage be considered a non-
conforming use, but the Pet Shop should not be allowed; both parties
bad appealed these decisions.
The meeting was opened to public hearing; speakers from the
floor in favor of granting approval for both businesses weres Stan
Thompson* Robert McNealy, J. W. Thompson, Dennis Thompson, Mrs. J. W.'
"Thompson, Mrs. Gilbertson, Trooper and Mrs. Reynolds, and Joyce Hatton -
One speaker against both uses was James Co Hornaday.
The public hearings were closed and Council discussed the pros
and cones Malone moved, McCann seconded, the garage business should
be allowed to continue as a non -conforming used on„Prtion of Lot
719 Sec. 319 T6N, Rllis, S.M. Roll call votes Affirmative - Biale-
felde Hulien, McCollum; negative - Bailie, McCann.
McCann moved, Bielefeld seconded, to allow the pet shop to
continue as non -conforming use on South portion of Lot 719 Sec. 319
TGN9 R11W9 S.!!. Roll calls Affirmative - Bielefeld, Hulien, McCann,
NeCollum; Mahone!: negative - Bailie.
A-31 Council adjourned to view a film on equipment for the Fire
Department.
B -Is Robert Malcro asked what could be done about the public using
the area at the Terminal Building set aside for free parking for em-
ployees and for rent -a -car storage;• public use of this restricted
area is resulting in a serious loss of revenue to the Airport Parking
Cos and to the City. This is contrary to the Contract. Haler*
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"' ----• --• ....II Il1l.��.i4AW�l1uuIL1 .., .:,,,e,,,,, _:�._.•.
STATEMENT FOR LEGAL SERVICES )
TOs Kenai City Manager )
)
FROMs Interim City Attorney, )
,j JOHNSTON JEFFRIES. )
n
I DATE
!June 3, 1974
June 4, 1974
June 5, 1974
June 6, 1974
June 7, 1974
I
June 8, 1974
I June 9, 1974
June 10, 1974
June 11, 1974
June 12, 1974
June 13, 1974
I June 14, 1974
June 17, 1974
June 18, 1974
June 19, 1974
i
iJune 20, 1974
June 21, 1974
TOTAL HOURS SPENT -------------------
$42.00 per hour ---------------------
'SUBMITTED this lot day of July, 1974.
JONWON JaOMu
TIME
50 minute
4 3/4 hou
2 hours
1 hour &
1 hour
2 hours
45 minute
1 hour
2 hours &
2 hours
2 hours
2 1/4 hou
1 1/2 hour
1 1/4 hour
4 hours
3 1/2 hours
2 hours
34 hours & 5 minutes
81431.50
wim. ft"" 00011
1�M7q�
JTON i
In e C t ey
Ileas* revised 10/69 -- page revised 1/70)
LAW
3
--------------
Facilities)
(Airport Lands or
wils AG=Liltm entered into this 1st day of July
1974 , by and between the City of Kenai,a nome rule. municipal
,a rCjTy% and
cerWRIonof Alaska, hereinafter callp
Robert T. Bielefeld hereinafter called LESSEE,
That the City, In consideration of the payments of the rents and
the performance of all the covenants herein contained by the LESSEE,
does hereby demise and lease to the LLSSED the following described
property in the Kenai Recording Vistxict, Alaska, to wits
City of Kenai Airport
General Aviation Apron
Lot 1, Block 5
Terms Us term of this lease is for SS yews com:nancing the
day of _jUjj, , 197g , to the IQ day of
0 at the annual rental at 4 IS L
In WHaNnoo on the first day of each yearof GUO term
payable yearly
for forst day of July of each year of said term) and said rate shall
apply for any traction of a year after the first full year of this
tem and so In proportion for any less time.
U4 -ht of 8 authorized as of the I day
8-n-tu—s
IF first be xrom
=109010
July 74 ,wad rout shall computea
sura Gate at use per day for days
equals 0 now due.
The rant specified herein Is calculated at the rate of 0 .92
persqpwa toot per year 27 507 square feet at 0 j02 or
SS0.14 per yesto plus sewer assessment of $276.72 annually
or *20556.72 lump sum.
In allLtion to the rents specified above# the LESSEE agreel to
pay to the CnT fees as hereinafter provideds
fa) lWoperty
farl ROOK -up;
fb) Applicable taxes to leasehold Interest or Other aspects
to) Sabo Tax now enforced or levied in the future
The Purpose for which this lease to Issued Lot
Flying service office with sales of related Items. Also office and
sales of oil field related products - Aircraft parking.
Gomm CWWOMEWS
1. =a Except as provided herein, am regular use of lands or
iwt is
taclTffles without the written consent the CITY prohibited.
This prohibition shall not apply to use of areas designated by the
a at auttxstr-
CM =11to, for specified public uses such so, passenger te4
bile parking areas, and streets.
2* Uses not contep qlated Prohibited: Solicitation of donations or
the promotion or 6perazzon ox any part or kind of business or
meroial, enterprise not contemplated by this lease, upon, in or above
airport Sods without the written consent of the CM Is prohibited.
Ileas* revised 10/69 -- page revised 1/70)
LAW
3
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3. lmpoundin4 or Property : Any or all personal or real property
placed or used upon lands or in facilities in violation of prohibitions
may be removed and/or impounded by the CITY and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon
the payment to the CITY of the costs of removal plus storage charges of
$1.00 per day or $5.00 per day in the case of each building or each air-
craft in excess of 6,000 pounds gross weight, or in the case of any other
kind of property, an amount not to exceed $5.00 per day, or in accordance
with such higher fees as may be incorporated into regulations of CITY'S
Airport,
4. Commitment for Rent and lion -Assignment : LESSEE agrees to pay the
annual rental rnd sees specitied and not to assign this lease or any
part, not let, nor sublet, either by grant or implication, the whole or
any part of the premises without written consent of the CITY. Assignments
shall be accomplished as follows:
a. Submittal to, and approval of, proposed lease assignment by
the Kenai Planning Commission.
b. After approval by the Kenai Planning Commission, final approval
-of assignment by the City Council.
S. Treatment of Demise : The LESSEE agrees to keep the premises clean
and in good order at nis own expense, suffering no strip or waste thereof
nor removing any material therefrom without written permission of the
CITY. At the expiration of the term fixed, or any sooner determination
of the lease, the LESSEE will peaceably and quietly quit and surrender
the premises to the CITY.
6. Payment of Rent • Checks, bank drafts or postal money orders shall
be made payable to the City of Kenai and delivered to the City Adminis-
tration building, Kenai, Alaska.
7. Construction approval and Standards : Building construction shall be
neat and presentable and compatiole with its use and surroundings. Prior ,
to placing of fill material and/or construction of buildings on a leased i
area the LESSEE shall submit a plan of proposed development of property
to tic CITY which shall be approved in writing for all permanent improve-
adnts.
S. Lease Renewal Request Procedure.: LESSEE shall within 30 days before
the expiration make application in writing for a renewal, certifying under
oath as to the character and value of all improvements existing on the land,
facilities, proper its, or interests therein, the purpose for which is
desired a renewal and such other information as the CITY may require. The
LESSEE shall deposit with such application, the sum equivalent to 100 per,
cent of the prevailing annual rental or fees still in effect. Such
:application, when fully conforming to the requirements herein stated, will
extend the lease on a month to mouth basis until such time as the City
gives notice to LESSEE that:
a. The request for renewal has been granted.
b. The request for renewal has been rejected, stating the reasons
for such rejection. J
e: The CITY has determined it to be in she best public interest
or is required by law or regulation to offer the lease, ata public
auction.
d. That equitable considerations require a revision of the lease
prior to granting a renewal.
9. Richt of Entry : Should default be made in the payment or any portion
of the rent or tees when due, or in any of the covenants or conditions
contained in a lease, and for thirty days thereafter, the CITY may re-
enter and take possession of the premises. remove all .persons therefrom,
and upon written notice, terminate the lease.
(Lease revised 10/69 - page revised 2/72)
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3. lmpoundin4 or Property : Any or all personal or real property
placed or used upon lands or in facilities in violation of prohibitions
may be removed and/or impounded by the CITY and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon
the payment to the CITY of the costs of removal plus storage charges of
$1.00 per day or $5.00 per day in the case of each building or each air-
craft in excess of 6,000 pounds gross weight, or in the case of any other
kind of property, an amount not to exceed $5.00 per day, or in accordance
with such higher fees as may be incorporated into regulations of CITY'S
Airport,
4. Commitment for Rent and lion -Assignment : LESSEE agrees to pay the
annual rental rnd sees specitied and not to assign this lease or any
part, not let, nor sublet, either by grant or implication, the whole or
any part of the premises without written consent of the CITY. Assignments
shall be accomplished as follows:
a. Submittal to, and approval of, proposed lease assignment by
the Kenai Planning Commission.
b. After approval by the Kenai Planning Commission, final approval
-of assignment by the City Council.
S. Treatment of Demise : The LESSEE agrees to keep the premises clean
and in good order at nis own expense, suffering no strip or waste thereof
nor removing any material therefrom without written permission of the
CITY. At the expiration of the term fixed, or any sooner determination
of the lease, the LESSEE will peaceably and quietly quit and surrender
the premises to the CITY.
6. Payment of Rent • Checks, bank drafts or postal money orders shall
be made payable to the City of Kenai and delivered to the City Adminis-
tration building, Kenai, Alaska.
7. Construction approval and Standards : Building construction shall be
neat and presentable and compatiole with its use and surroundings. Prior ,
to placing of fill material and/or construction of buildings on a leased i
area the LESSEE shall submit a plan of proposed development of property
to tic CITY which shall be approved in writing for all permanent improve-
adnts.
S. Lease Renewal Request Procedure.: LESSEE shall within 30 days before
the expiration make application in writing for a renewal, certifying under
oath as to the character and value of all improvements existing on the land,
facilities, proper its, or interests therein, the purpose for which is
desired a renewal and such other information as the CITY may require. The
LESSEE shall deposit with such application, the sum equivalent to 100 per,
cent of the prevailing annual rental or fees still in effect. Such
:application, when fully conforming to the requirements herein stated, will
extend the lease on a month to mouth basis until such time as the City
gives notice to LESSEE that:
a. The request for renewal has been granted.
b. The request for renewal has been rejected, stating the reasons
for such rejection. J
e: The CITY has determined it to be in she best public interest
or is required by law or regulation to offer the lease, ata public
auction.
d. That equitable considerations require a revision of the lease
prior to granting a renewal.
9. Richt of Entry : Should default be made in the payment or any portion
of the rent or tees when due, or in any of the covenants or conditions
contained in a lease, and for thirty days thereafter, the CITY may re-
enter and take possession of the premises. remove all .persons therefrom,
and upon written notice, terminate the lease.
(Lease revised 10/69 - page revised 2/72)
.. ... '." � ... ... - - - -. •err—•:_;..,-=.r..,:.-:�.:-.—'" .. .... II II I
10. Rent Escalation* *.*very five Yearn or Lens+ In the event this
lease—Iii for it tem in ovvrusu of t3tc years, the ar*unt of rents or
fees specified heroin shall be subject to ro••negotintion for increase
or decreane at intervals. of 5 years or more, one before 1979.
from the lot day of July preceding tue ottective crate of tiu.s lease.
ll. Euildina riaee--ent ftestrictiona: No building or other perman-
ent s'Udeturo shall Le placed withisi ten (10) feet of the boundary
line of any lot helm ty a MUM' -. provided, hasrever, that where two
or pore lots ray be held by the L£SST£ are contiguous, the restric-
tion in this condition nay be waived by written authorization of the
CITY.
12. protection of Aircraft: Mo building or other permanent struc-
ture sha"Yi'Te" piacec vathin SO' of the property line fronting a
landing strip, taxi:•ay or apron without the written approval of the
CITY. This area shall be used for parking aircraft only.
13. ratices Dolivea,:_ All written notices required by this lease
or perrit shall be sent registeroO or -certified nail or delivered
personally to the last acXress of record in the files of the CITY.
14. Offer to Lease Acer.-tancei The offer to lease is made subject
to app' Il anis iw.,s anti regulations of CITY and may be `$thdraan with-
out notice at any time after 30 days from submission thereof unless
within such 30 days the LISSP? executes and returns the lease to
the CITY.
13. pnderlvina':itlee The interests transferred, or conveyed by
this lease are su.73ect to any and all of the covenants, terms, or -
conditions containee.in the instruments conveying title or other
interests to the CITY.
16. P.i ht of Inspection- CITY shall have the right, at all reason-
able s, to inter the premises, or any part thereof, for the par -
poses of inspection.
19. Insurance? WNW covenants to save 'the CITY harmless from all
actions, suits, liabilities or damages resulting from or arising out
of any acts of comission or omission by the r,£EStx, his agents, am-
ployees, customers, invitees or arising from or out of the LESEDC's
occupation, or use of the premises dinised or privileges granted,
and to pay all costs connected therewith. In this connection, The
LZ:asir agrees to arrance and pay for all the following:
(a) public liability insurance protecting both the CITY and/or
its agents and the WAgiE, such insurance to be evidenced
by a certificate showincs the insurance in force. The amount
of such public liability itayme shall have limits not
less than those known as
(b) LCSSr'% agrees to carry employers lir.bility insurance and
HarY.men's Cosrpensation insurance and to furnish a cortifi-
Cato thereof to the CITY.
• (c) Insurance contracts proving lialilitl insurance and :'orh-
a.en•s Corpensation shall provide not less than thirty days
written notice to the CITY of carr. -W ation or expiration
or substantial cliange in policy con,.it.ions and coverage.
(d) WIFFM agrees t::nt waiver of subroar:Lion against the CITY
shall he renuented of LrSE££•s insuror and shall ba pro--
vided at no cost to the CITY.
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.. ... '." � ... ... - - - -. •err—•:_;..,-=.r..,:.-:�.:-.—'" .. .... II II I
10. Rent Escalation* *.*very five Yearn or Lens+ In the event this
lease—Iii for it tem in ovvrusu of t3tc years, the ar*unt of rents or
fees specified heroin shall be subject to ro••negotintion for increase
or decreane at intervals. of 5 years or more, one before 1979.
from the lot day of July preceding tue ottective crate of tiu.s lease.
ll. Euildina riaee--ent ftestrictiona: No building or other perman-
ent s'Udeturo shall Le placed withisi ten (10) feet of the boundary
line of any lot helm ty a MUM' -. provided, hasrever, that where two
or pore lots ray be held by the L£SST£ are contiguous, the restric-
tion in this condition nay be waived by written authorization of the
CITY.
12. protection of Aircraft: Mo building or other permanent struc-
ture sha"Yi'Te" piacec vathin SO' of the property line fronting a
landing strip, taxi:•ay or apron without the written approval of the
CITY. This area shall be used for parking aircraft only.
13. ratices Dolivea,:_ All written notices required by this lease
or perrit shall be sent registeroO or -certified nail or delivered
personally to the last acXress of record in the files of the CITY.
14. Offer to Lease Acer.-tancei The offer to lease is made subject
to app' Il anis iw.,s anti regulations of CITY and may be `$thdraan with-
out notice at any time after 30 days from submission thereof unless
within such 30 days the LISSP? executes and returns the lease to
the CITY.
13. pnderlvina':itlee The interests transferred, or conveyed by
this lease are su.73ect to any and all of the covenants, terms, or -
conditions containee.in the instruments conveying title or other
interests to the CITY.
16. P.i ht of Inspection- CITY shall have the right, at all reason-
able s, to inter the premises, or any part thereof, for the par -
poses of inspection.
19. Insurance? WNW covenants to save 'the CITY harmless from all
actions, suits, liabilities or damages resulting from or arising out
of any acts of comission or omission by the r,£EStx, his agents, am-
ployees, customers, invitees or arising from or out of the LESEDC's
occupation, or use of the premises dinised or privileges granted,
and to pay all costs connected therewith. In this connection, The
LZ:asir agrees to arrance and pay for all the following:
(a) public liability insurance protecting both the CITY and/or
its agents and the WAgiE, such insurance to be evidenced
by a certificate showincs the insurance in force. The amount
of such public liability itayme shall have limits not
less than those known as
(b) LCSSr'% agrees to carry employers lir.bility insurance and
HarY.men's Cosrpensation insurance and to furnish a cortifi-
Cato thereof to the CITY.
• (c) Insurance contracts proving lialilitl insurance and :'orh-
a.en•s Corpensation shall provide not less than thirty days
written notice to the CITY of carr. -W ation or expiration
or substantial cliange in policy con,.it.ions and coverage.
(d) WIFFM agrees t::nt waiver of subroar:Lion against the CITY
shall he renuented of LrSE££•s insuror and shall ba pro--
vided at no cost to the CITY.
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17. Insurance Cont'd.
(e) Cross Liabilitv• It is understood and agreed that the In-
surance atfor4ed by this Policy or policies for more than
one named insured shall not operate to increase the limits
of the company's liability, but otherwise shall not operate
to limit or void the coverage of any one named insured as
respects claims against the same named incurred or.empoly-
ees of such other named insured.
10. ;�ccountinq Obligation: LESSEL' agrees to furnish the CITY an
annual sworn staterient of gross business receipts and/or an annual
avorn statement of the number of gallons of fuel and oil sold and/or
any certificate or statement to substantiate the computation of rents
or fees including reports to other governmental agencies.
19. Collection of Unpaid Y.oniesc Any or all rents, charges, fees
or of efi—r consaaeration wnien are Cue and unpaid at the expiration
of voluntary or involuntary termination or cancellation of this
lease shall be a charge against the LCFSEE and LSSSEE.'s property,
real or personal, and the CITY shall have such lien rights as are
allowed by la%,, and enforcement by distraint may be made by the CITY
or its authorized agent.
20. Controls to prevent Discriminations CITY reserves the right to
approve en e&arges anct privileges extended to or withheld from the
public in order to insure reasonable charges and prevent possible
discrimination or segregation on the basis of race, color, creed, or
national osigin, os for any other related reason.
21. Easement Grants Reserved: CITY reserves the right to grant and
control easerents in, or above the land leased. Ho such grant or
easement will be made that will unreasonably interfere with the
LRSSIM's use of the land.
22. Reasonatle Operations: This lease is subject to cancellation
If the MTO& does not maintain reasonable operations or commits
discriminatory note or does not maintain a staff sufficient to rea-
sonably execute the purpose for which this lease is granted.
! 23. Lease Subordinate to Financing Reouirements: LESSEE agrees that
CITY may moUTF"Wiiss lease to meet sevisec requirements for federal
or state grants, or to conform to the requirements of any revenue
bond covenant. However, the modification shall not act to reduce
the rights or privileges granted the LESSEE by this lease or permit
nor act to cause the LESSEF. financial loss.
�- 24. Right to Remove Imerovementes Improvements owned by a LESSEE on
' airpore land's sliaia, "itnin bu ways after the expiration termination
or cancellation of the lease be removed, provided., that, ie the
' opinion of the CITY, such rer+ovai will not eause•injury or damage
f, to the lands? and further provided that the CITY may extend the time
for removing such improvements in cases where hardship is proven to
Its satisfactory; provided further, that application for extension
ban been nada in writing and received within said 60 day period.
The retiring WMELL may, with the consent of the CITY sell -his Im-
provements to a succeeding tenant.
_ 26. IInnPL-r�o�v��ements Left on Leaseholds If any improvements and/or
chatteelsTiavinr,' an appraiser! value in excess. of $10,000.00 as deter
_{ mined by the CITY, are not removed within the •time allowed by General
Covenant No.24 of this lease, such improvements and/or chattels may,
upon due notice to the LESSEE, be sold at public auction under the
direction of the CITY: The proceeds of the sale shall inure to the
L868LE who owns such improvements and/or chattels after deducting and
paying to the CITY all rents or fees sue and owing and expenses
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-� �e.f.s_ auss111.11 iirrrueur ;, z _ 1_ i �. u;._i.� 1 ui 1 rm- i y
17. Insurance Cont'd.
(e) Cross Liabilitv• It is understood and agreed that the In-
surance atfor4ed by this Policy or policies for more than
one named insured shall not operate to increase the limits
of the company's liability, but otherwise shall not operate
to limit or void the coverage of any one named insured as
respects claims against the same named incurred or.empoly-
ees of such other named insured.
10. ;�ccountinq Obligation: LESSEL' agrees to furnish the CITY an
annual sworn staterient of gross business receipts and/or an annual
avorn statement of the number of gallons of fuel and oil sold and/or
any certificate or statement to substantiate the computation of rents
or fees including reports to other governmental agencies.
19. Collection of Unpaid Y.oniesc Any or all rents, charges, fees
or of efi—r consaaeration wnien are Cue and unpaid at the expiration
of voluntary or involuntary termination or cancellation of this
lease shall be a charge against the LCFSEE and LSSSEE.'s property,
real or personal, and the CITY shall have such lien rights as are
allowed by la%,, and enforcement by distraint may be made by the CITY
or its authorized agent.
20. Controls to prevent Discriminations CITY reserves the right to
approve en e&arges anct privileges extended to or withheld from the
public in order to insure reasonable charges and prevent possible
discrimination or segregation on the basis of race, color, creed, or
national osigin, os for any other related reason.
21. Easement Grants Reserved: CITY reserves the right to grant and
control easerents in, or above the land leased. Ho such grant or
easement will be made that will unreasonably interfere with the
LRSSIM's use of the land.
22. Reasonatle Operations: This lease is subject to cancellation
If the MTO& does not maintain reasonable operations or commits
discriminatory note or does not maintain a staff sufficient to rea-
sonably execute the purpose for which this lease is granted.
! 23. Lease Subordinate to Financing Reouirements: LESSEE agrees that
CITY may moUTF"Wiiss lease to meet sevisec requirements for federal
or state grants, or to conform to the requirements of any revenue
bond covenant. However, the modification shall not act to reduce
the rights or privileges granted the LESSEE by this lease or permit
nor act to cause the LESSEF. financial loss.
�- 24. Right to Remove Imerovementes Improvements owned by a LESSEE on
' airpore land's sliaia, "itnin bu ways after the expiration termination
or cancellation of the lease be removed, provided., that, ie the
' opinion of the CITY, such rer+ovai will not eause•injury or damage
f, to the lands? and further provided that the CITY may extend the time
for removing such improvements in cases where hardship is proven to
Its satisfactory; provided further, that application for extension
ban been nada in writing and received within said 60 day period.
The retiring WMELL may, with the consent of the CITY sell -his Im-
provements to a succeeding tenant.
_ 26. IInnPL-r�o�v��ements Left on Leaseholds If any improvements and/or
chatteelsTiavinr,' an appraiser! value in excess. of $10,000.00 as deter
_{ mined by the CITY, are not removed within the •time allowed by General
Covenant No.24 of this lease, such improvements and/or chattels may,
upon due notice to the LESSEE, be sold at public auction under the
direction of the CITY: The proceeds of the sale shall inure to the
L868LE who owns such improvements and/or chattels after deducting and
paying to the CITY all rents or fees sue and owing and expenses
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.� .'. �-.__-..;�-..-. .; - _------".'_" - _ x�css..,:.r.�,.--■BILI III'��2_.
Incurred in makingsuch sale. If there are no other bidders at such
auction, the CITY is authorixeA to bid on such improvements and/or
chattels an anount equal to the amount owed, or to become due to the
CITY by the LESSFI' or$1.00 whichever amount is greater. The CITY
shell acquire all the rights, both legal and equitable, at such a
sale.
26. Title of Inprovements on Leasehold to CITY- If any Improvements
and/or c`hatteis having an apprassea value of Wt0,000.00 or less, as
determined by the CITY, are not removed within the time allowed by
General Covenant No.25 of this lease, such improvements and/or chat-
tels shall convert to , and absolute title shall vest in, the CITY.
27. Right to Adopt pules reserved:
(a) CITY reserves the right to adopt, amend and enforce rea-
sonable rules and regulations governing the demised pre-
mises and the public areas and facilities used in connec-
tion therewith. Except in cases of emergency no rule or
regulation hereafter adopted or amended by CITY shall be-
come applicable to LECSEL unless it has been given ten
days notice of adoption or amendment thereof. Such rules
and regulations shall he consistent with safety and with
the rules, and regulations and orders of the Federal Avia-
tion Administration. LEE= agrees to observe, obey and
abide by all rules and regulations heretofore or hereafter
adopted or amended by CITY.
(h) LESCM shall observe, obey and comply with any and all
applicable rules, regulations, laws, ordinances, or orders
of any governmental authority, federal or state, lawfully
exercising authority over the LFSSEF. or LZ:SSL'S' S COIMUCT
OF ITS RUSIUMS.
(c) CITY shall not Iae liable to LrOPM for any diminution or
deprivation of possession, or of its rights hereunder, on
account of the exercise of any such right or authority as
In this Section proviAed, nor shall LLSSEE.be entitled to
terminate the whole or any portion of the leasehold estate
herein created, by reason of the exercise of such rights
or authority unless the exercise thereof shall so inter..
fere with LFSSEEIS use -rd occupancy of the leasehold
estate as to constitute a termination in whole or in part
of this lease by operation of law in accordance with the
laws of the State,of Alaska.
29. aircraft fhnerations Proteetedt If any term, provision, condi-
tion or past of £his lease is declared by a Court of competent juris-
diction to he invalid or unconstitutional, the remaining terms, pro-
visions, conditions or parts shall continue in full force and effect
as though such declaration was not made.
29. Aircraft OMrrations Protected: There is hereby reserved to the
CITY,"mss successors and assigns, mor the use and benefit of the pub --
lie,, a right of flight for the passage of aircraft in the airspace
above the surface of the premises herein conveyed, together with the,
right to cause in said airspace such noise as may be inherent in the
operation of aircraft, now know or hereafter used for navigation of
or flight in the air, using said airspace or landing at, taking off
from or operating on the Kenai Airport.
20. aircraft Oterations Protected• The Ll99M by accepting this
conveyance expressly agrees for itself, representatives, successors,
and assigns that it will not erect nor permit the erection of any
structure or ohject, nor permit the growth of any trees onthe land
conveyed hereunder which would be an airport obstruction within the
standards established uneer the Federal Aviation Administration
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P.egulations Part 77, as amender. In the event the aforesaid covenant
Is breached, the CI:'Y reserves the right to enter on the land con-
veyed hereunder sane. to veeove the offending structure or object and
to cut the offenning tree, all of which shall be at the expense of
the LESSIT or heirs, or successors, or assigns.
31. Aircraft OLerations Protected- The LESSEE, by accepting this
conveyance kpressly agrees for itself, its representatives, succes-
sors, and assigns that it will not make use of the said property in
any manner which might interfere with the landing and taking off of
aircraft from said uenai Airport or otherwise creating an airport
hazard. In the event the aforesaid covenant 13 breached theCITY
reserves the right to enter on the land conveyer' hereunder and cause
the abatement of such interference at the expense of tLe LESSEE•'.
32. Lease Offer Incorporated: The LESSEE, by accepting this con-
veyanF`e expiess`Ty agrees to awl the terms and concessions of the
offer for lease dated , under which
this land was made avaitavie for lease.
33. Right to Fnfoyment and Peaceable Possessions CITY hereby a-
grees enter covenants that the aEUM T. upon paying rent and performing
other covenants, teras and conditions of this lease shall have the
right to quietly and peacefully hold, use, occupy and enjoy the
said leased pre. -nines.
30. I.BESEE to Par Taxes! LFSSEr shall pay all lawful taxes and
assessments wbr h,u� the term hereof , may ' wome a lien upo;t
or which may be levie# by the state, borough, city or any other tnx
levying body, upon any taxable interest of LESSEE; acquired in this
lease or any taxable possessory right which LESSEE may have in or
to the premises or facilities hereby leased or the improvements
thereon, by reason of its use or occupancy provided, however, that
nothing herein contained shall prevent LESSEE fron. contesting the
legality, validity, or application of any such tax or assessment.
3S. Special Servicest LESSEE agrees to pay LEGSOR a reasonable
charge fo= any epecTe'i services or facilities, regr ` 1 by LESSEE
in writing which services or facilities are not provided for herein.
36. Utilities Charges: LESSEE agrees to furnish and pay for all i
grater; heat, gas, eaectric, or any other services or utilities used
on the premises (and not contemplated by this lease). j
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37. No partnership or Joint Venture Createds It is expressly under-
stood- at`ihe-Ei t anali not be constru�or held to be a partner
or joint venturer of LESSEE in the conduct of business on the do -
mixed premisess and it is expressly understood and agreed that the
relationship between the parties hereto is, and sl* :1 at all timer
remain, that of landlord and tenant.
30. Default Eankruptay. etc.r If the LESSEE shall make any as=st7n-
ment fbr the j;enefit of creditors or shall be adjuged a bankrispt e
if a receives is appointed for the LESSEE, or LESSEE'S assets, or
any interest under this lease, and if the appointment ol.the xec,d+•
Is not vacated within five (S) days, or if a voulntery petition is
filed under Section. 772 of the bankruptcy Act agaipst Pe LESSEE,
and if snid petition is approved by tbo Court in which filed, then
and in any evgnt, the CITY may, upon giving the LESSEE Con (10) days
notice, ternsinate this lease.
39. 'Forebearance riot waiver of Citv0s Riahtes Tho acceptance of
charges and fees Py the CITY for any period or periods after default
of the terms, coven+unts, and eonditiome herein to be performed by
the lessee shall not be deemed a waiver of any rights on the part of
the CITY to terrinate this agreement for failure by the LESSEE to
perform, keep or observe any of the low or covenants or conditions
hereof.
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P.egulations Part 77, as amender. In the event the aforesaid covenant
Is breached, the CI:'Y reserves the right to enter on the land con-
veyed hereunder sane. to veeove the offending structure or object and
to cut the offenning tree, all of which shall be at the expense of
the LESSIT or heirs, or successors, or assigns.
31. Aircraft OLerations Protected- The LESSEE, by accepting this
conveyance kpressly agrees for itself, its representatives, succes-
sors, and assigns that it will not make use of the said property in
any manner which might interfere with the landing and taking off of
aircraft from said uenai Airport or otherwise creating an airport
hazard. In the event the aforesaid covenant 13 breached theCITY
reserves the right to enter on the land conveyer' hereunder and cause
the abatement of such interference at the expense of tLe LESSEE•'.
32. Lease Offer Incorporated: The LESSEE, by accepting this con-
veyanF`e expiess`Ty agrees to awl the terms and concessions of the
offer for lease dated , under which
this land was made avaitavie for lease.
33. Right to Fnfoyment and Peaceable Possessions CITY hereby a-
grees enter covenants that the aEUM T. upon paying rent and performing
other covenants, teras and conditions of this lease shall have the
right to quietly and peacefully hold, use, occupy and enjoy the
said leased pre. -nines.
30. I.BESEE to Par Taxes! LFSSEr shall pay all lawful taxes and
assessments wbr h,u� the term hereof , may ' wome a lien upo;t
or which may be levie# by the state, borough, city or any other tnx
levying body, upon any taxable interest of LESSEE; acquired in this
lease or any taxable possessory right which LESSEE may have in or
to the premises or facilities hereby leased or the improvements
thereon, by reason of its use or occupancy provided, however, that
nothing herein contained shall prevent LESSEE fron. contesting the
legality, validity, or application of any such tax or assessment.
3S. Special Servicest LESSEE agrees to pay LEGSOR a reasonable
charge fo= any epecTe'i services or facilities, regr ` 1 by LESSEE
in writing which services or facilities are not provided for herein.
36. Utilities Charges: LESSEE agrees to furnish and pay for all i
grater; heat, gas, eaectric, or any other services or utilities used
on the premises (and not contemplated by this lease). j
i
37. No partnership or Joint Venture Createds It is expressly under-
stood- at`ihe-Ei t anali not be constru�or held to be a partner
or joint venturer of LESSEE in the conduct of business on the do -
mixed premisess and it is expressly understood and agreed that the
relationship between the parties hereto is, and sl* :1 at all timer
remain, that of landlord and tenant.
30. Default Eankruptay. etc.r If the LESSEE shall make any as=st7n-
ment fbr the j;enefit of creditors or shall be adjuged a bankrispt e
if a receives is appointed for the LESSEE, or LESSEE'S assets, or
any interest under this lease, and if the appointment ol.the xec,d+•
Is not vacated within five (S) days, or if a voulntery petition is
filed under Section. 772 of the bankruptcy Act agaipst Pe LESSEE,
and if snid petition is approved by tbo Court in which filed, then
and in any evgnt, the CITY may, upon giving the LESSEE Con (10) days
notice, ternsinate this lease.
39. 'Forebearance riot waiver of Citv0s Riahtes Tho acceptance of
charges and fees Py the CITY for any period or periods after default
of the terms, coven+unts, and eonditiome herein to be performed by
the lessee shall not be deemed a waiver of any rights on the part of
the CITY to terrinate this agreement for failure by the LESSEE to
perform, keep or observe any of the low or covenants or conditions
hereof.
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SPLOAL COVI.N.c;rs:
IN WITNESS WHEREOF, the parties have set their hands the day and year
_ stated in the individual acknowledgments below:
I '
CITY OF KEKAI
• BY:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
On this day of , 19 , before me personally
appeared —"""'—"" , known to be the person who
'exetuted thI i06Fi'�cAbr' -aria adrnowreaged that he (they) had the
authority to sign for the purposes stated therein.
- Notary Public in ana tOr AlaSxa
Commission Expires
LESSEE
STATE OF ALASKA
•
THIRD JUDICIAL DISTRICT
On this day Of , 19, before me personally
appeared known to be the person who
"ung 'ackaotirledged
J
exetuted iiie' above-I'iXM;, that he (they) had the
authority -to sign the same for the purposes stated therein.
Notary ruolic in ana for Alasxa
Commission Expires
`
Initial lease approved by City Countii day of ,
Assignment approved by Kenai planning Commission day of
.
Assignment approved by City Council on day of 19_.
(Leaae.revlsed 10/69 - page revised 2/72) ,
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Robert T. Bielefeld
Box 46
KonaigAlaska :119632
Proposed Plan for Block 5, Lot I
S.un Aircraft Arron
June269 1974
Smolosed is drawing of lot and !-reposed building. The building could 4
house a flying service office with sales of related itemsp also o:fice
and sales of oil field related products. The drawing of the building
on the lot as to location and dimensions are not exact until the
final ;Ian is arrived at. I plan to do the dirt work this year., 19740
and the first 1phase of the building In the al.ring of 1975. Future
expansion would be a shop area built as a hanger and rossib2y used as a
machine shop as imn as a hanger*
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Lease Application
j CITY OF KENAI ♦ # pg i of 2 O• AnX 360 • 9VMAI AWSXA PHONE 263
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Name of Applicant Robert T. Bielefeld
Address Bort. Al in-ij - A24&. r^c� f7„
Business Name and Address
t" Kenai Peninsula Borough Sales Tax No. 31 60231
State Business License No. 01495
Pnone 283-Ja2h (check one! Z Lease Permit
Lot Description Block 5 Lot 1
Desired length of Lease or Permit 55 years
Property to be Used for Aviation operation, flit field w-intly rnd s.rVjce s:xer
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Description of developments (type, construction, size, etc.)
- Total.plan not complete. Construction twuld be steel buildin8 or better,,
b.. i.wiiL ."% u., "1y IMMA the cart woncc this su:=erl19T4)
u. Attach development plan to scale 1 inch = 50 feet, showing all build-
ings planned.
` Time Schedule Zdrt work 1974 iritis C^nstruction 1975
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t ) Date "' .. �� Signed /R.0'
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TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE A. NAVARRE, CITY MANAGER
SUBJECT: PENINSULA OILER'S BASEBALL
DATE: JUNE 28, 1974
The Peninsula oilers are interested in developing their own
ball field, which would help out with the crowded conditions
on the present City field. It is a recommendation that
the City transfer in fee simple land now belonging to the City
marked "A" on the attached map.
This is a 40 acre tract and all the land would not be needed by
them, however, the east 1/3 of the land could be restricted
to its natural beauty as a buffer zone so development of residential
property to the east would not be discouraged. The south side
is on a bluff that goes into lowland and to the north and west
Is the school, so you can see this is an ideal location.
I believe the economic value would far exceed the value of the
land.
Ve truly your
George- . Navarre .
City Manager
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CITY OF KENAI RESOLUTION 74-28
(INTRAFUND EXPENDITURE TRANSFER)
TRANSFERRING FUNDS FROM: $5,000 from "Transfer" Account of Non-Departmental
to "Machinery & Equipment" Account of City Manager Office within General Fund.
That these transferee be accomplished forthwith and be deemed to have been
accomplished on the 4th of Jam, 1974. x
Passed this day of 1974. i
I CLARENCE E. JOHNSON, MAYOR
j ATTEST:
Sharon Loosil, City Clerk
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CITY OF KENAI RESOLUTION 74-29
iNTRAFUND REVENUE TRANSFER
"Miscellaneous Revenue" Account of Water/Sewer Fund Revenue be increased by
$5, 000 and 0Interfund Transfer" Account of Water/Sewer Fund be decreased by
$5,000.
That these transfer be accomplished forthwith and be deemed to have been
ji6Compiished on the 4th day of Jam, 1974.
Passed thiis day of 1974.
ATTEST:
heron "bili, City clePk '
CLARENCE E. JOHNSON, MAYOR
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Introduced by: Arness
Chenuult
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Date: July 1, 1974
/ KENAI PENINSULA BOROUGH
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RESOLUTION 74-38
A RESOLUTION URGING THE STATE DEPARTMENT OF NATURAL
RESOURCES AND THE CORPS OF ENGINEERS TO PERMIT OILWELL
DRILLING OFF CAPE KASILOP IN COOK INLET
WHEREAS, oiiwell drilling in upper Cook Inlet hus
been in effect for 13 years; and i
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WHEREAS, this drilling has not been detrimental
to that area; and }
WHEREAS, the jackup platform John C. Martins drilled
in the area off Cape Kasilof in 1967 with no ill effects; and
WHEREAS, shrimp are plentiful near those platforms
now in existence in the upper inlet, where they were unknown
previous to drilling; and 1;
WHEREAS, drilling, drill platforms, and fish are
compatible on our Gulf Coast near Louisiana and Texas; and
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WHEREAS, the Kenai Peninsula Borough Assembly
recognizes the importance of protecting the environment,
but also our economic base must be broadened with this
continued oil activity,
NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA
BOROUGH ASSEMBLY:
1, Tliat tho State Derartin%nt of Yatui r1 It:•:;o: I'
and Lite Lorj.s *)f Engineer: issue permits ?!
necessary to continue drilling in the area off ?:
Cape Kasilof in.Cook Inlet t
- 2. That the State Department of Natural Resources
convey the intent of this resolution to all i
other governmental agencies affected;
3. That copies of this resolution shall be sent to
the Honorable Governor William A. Egan, Congross-
- Iona! Delegates Ted Stevens, Alike Graves unci iron F
Young, the U.S. Corps of Engineers and the State 4;
Department of Natural Resources.
z`• ADOPTED BY 771E ASSEMBLY OF THE KENAI PENINSULA BOROUGH ff
THIS DAY OF
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ATTEST:
James V. Arness, Assemoly President
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florougn Clark AGENDA I`l,-1)
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