HomeMy WebLinkAbout1979-03-07 Council PacketI
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COUNCIL PACKETS
MARCH
Kenai City Council
Meeting Packet
March 7, 1979
COUNCIL
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C1T¥ I,~ANAGI';R !~," I~l:;l~(')l~,'l'
/~RCII 7~ 1979
HEARINGS
1 ORDI.~IANCE 476 AMENDS TIIE MEETING TI.qE OF CITY COUNCll. and is
an appropriate amendment to the Code.
OLD BUSINESS
1
ROPER LEASE is re. written and has been presented to and reviewed
by Mr Roper. ~le wi].l be in the offices Monday or Tuesday to
sign the lease. We believe this protects Mr Roper and the City
since he %;ill be operating a quasi-public facility with ]]is
dock and boat basin.
NEW BUSINESS
1 BILLS TO BE PAID The Kenai Electric bill is included here. This
covers the cable cut done during the Airport paving construction
accomplished in June 1978. The bill was referred to Brown
Constructio~ but I have recen'tly discovered that they have not
paid it. I feel we have a moral obligation to see that the vendor
is not hurt. Therefore, I recommend approval of it with the
caveat that it will be appropriately charged to Brown Construction.
2 REQUEST FOR APPROVAL OF REQUISITIONS OF $500 AND OVER will be
presented to Council at the meeting.
3 INTRODUCTION OF ORDINANCE 477 TO CLARIFY THE FORECLOSURE OF LOT
3 BLOCK H IN BEAVER CREEK ALASKA SUBDIVISION. This was foreclosed
on several years ago and dedicated as the future site of a
fire substation. However, the City did not take the appropriate
action of paying the taxes. We have now paid them and must go
through the proper dedication of public use ordinance %~hich requires
notification of the property owner. This will assure a good
clean property title and I certainly recommend this action before
we establish a fire substation there.
4 INTRODUCTION OF ORDINANCE 478 AMENDS COMMITTb~NT OF GENERAL FUND
MONIES TO WATER AND SEi'~R TREATMENT PLANT PROJECT as requested
by the Finance Department. This will clarify the language surrounding
that loan and its repa}~ent by the Water and Sewer Fund.
5 ORDINANCE 479 EXCAVATION PE~{IT ORDINANCE will clarify the permit
process concerning who, how and when a contractor may go into
a City street right of way. We have a nmnber of unwritten rules
relating to good procedure, but these are not legally enforceable.
Although many contractors adhere to these rules, this ordinance
will legitimize good procedures and give us the abili'ty to enforce
them.
[[ [
CITY MANAGER'
March 7, ].979 - page 2
RFSOLUT'!O~; 79 Iff ACCEPTS T}il; $1b00 I)EPARTMENTOt"ENVIRON~qENTAL
CONSERVATION GRANT OFFER for the faci].i(-ies plan which will
clean up tile entil'e project as far as State and Federal funding.
RESOLUTION 79-19 TRANSFERS WITHIN THE LECAL DEPARTMENT to
cover the cost of l~.tigation and we are recom~.~ending approval
of it. ' -
l0
11
RESOLUTION 79-20 TRANSFERS WITHIN THE AIRPORT AD:IINISTRAT1ON
FUND to provide funds for the Fire Chief to go to the
crash/fire/rescue training in Virginia.
RESOLUTION 79-21 FOR THE CIIARTER AMEND~4ENT I believe this
reflects tile desk. res of tile Council presented at the last
meeting. '
RESOLUTION 79-22 TRANSFERS FUNDS IN THE BUILDINC, INSPECTOR'S
ACCOUNT for his attendance and training in Anchorage.
RESOLUTION 79-23 HEA CONDUIT INSTALLATION ON TIlE AIRPORT with
the award amount left blank since there seems to be an
agreement among the Council to pay some of the costs alleged
by IIEA, but not necessarily ail HEA asks for. The Council
can fill the amount in at tile appropriate time.
12
13
RESOLUTION 79-24 TPuANSFERS FUNDS WITHIN TIlE FIRE DEPARTMENT
for per diem for the Alaska National Fire Incident Report
System workshop in A~chorage.
APPROVAL OF SEA CATCH LEASE and termination of the R-Lee
Seafood lease on the same property. Please no~e the lease
rate has increased from the R-Lee rate to the Sea Catch one.
This is partially due to the rate not being adjusted in 1975
at their five year renewal program.. Therefore, in accepting
Mrs Lashley's request, I recommend this rate adjustment to
provide for current lease rates.
14 PAYMENTS TO WINCE-CORTHELL-BRYSON-AND FREAS, CIt214 HILL AND
15 CAR~EN GENTOLLI in accordance to the terms and conditions of
16 our several contracts with them.
17
RATIFICATION OF TELEPIIONE POLL CONDUCTED AT COUNCIL'S REQUEST
ON TIlE REALIGNMENT OF AIRPORT WAY.
OTHER ITEMS
ON MARCH 13 the Borough will have a HEARING ON TItE SEPTIC STUDY
done by CH2M Hill. I will testify if the Council has no objection.
The gist Of my testimony would be A) The estimates of septage
being generated in the central peninsula is simply a guess estimate
since there is no hard data on which to base th~ report. B) The
cost of capital improvements to provide a septage receiving
facility should not be borne by the community, particularly either
Soldotna or Kenai which obviously have the plant to further
process the septage. This cost must neces~grily be borne by others
March 7, 1979 - page 3
as far as the local share ks considercd. C) There will be
a cost of operating the septage rec¢;Jving facility. The
report estimates this at approxJmaE,.:ly $100,000 a year. This
relates to a certain average flow of septage r¢.:ceived by tho
facility. These costs of septage handling must be borne
separately by those contributing to the septage material.
There must be a ~3uarantee by others, presumably the Borough,
that any s]~ortfal], in revenue for these ;)articular costs
will be borne by the Borough in the event the facility
estimate is in excess of that quantity actually generated.
One of the major problems in such ~ p~ogram is the costs
will be computed in the budget process and presumably the
rate of processing each gallon of septage will relate to
the overall cost of the facility. This cost per thousand
gallons may be so h~gh as to discourage people from using
the facility. This would obviously cut the revenue and
cause a shortfall in the operation of the facility. This
cost cannot be accepted by the cities that have the plants
and' must be guaranteed elsewhere.
3
ON MARCII ]5 at the NCO Club at Elmendorf, the Corps of
Engineers is having a review, I believe they call it, on
the Cook Inlet deep draft study they have sponsored. I
plan to attend to see what plans have been developed for
the Cook Inlet since this will have a major bearing on
Kenai.
~IN LETTER stating that they would like to fly to Seattle :
on Tuesday, Thursday and Saturday, arriving in Eenai
at approximately 2:30 p m and leaving for Seattle at about
3:30 p m. Wien would like to begin this service in June
if at all possible. We will not be able to respond directly
to their request for serve, ce in June/July until we can
contact and negotiate with the contractor who receives the
bid for the Airport runway renovatJ, on. During Wien's .
period here, we would have to move e~uipm~h~"off the n~rth end of the
runway that will (~therwise be closed. Whether or not this is
practical is som.'~ .lng we simply do not now know. The presumption
would be that thee contractor would stop work at about 2:00 p m
and not get back on until the flight departs. There would be
a claim for extra costs as a consequence.
AD FOR SECTION 36 was placed in the Clarion for March 2, according
to the ADL regulations, our intentions for claiming a large part
of Section 36.
SENIOB CITIZENS TITLE III PROGRA/4 was reviewe~ and a Resolution
passed by the Council several meetings ago. We have until March
15 to submit that request. I do not have it typed so it is
not on the agenda. However, there is no additional cost for the
City's local share. I will have the request at the meeting for
Council perusal and will raise the point of objections during
the Manager's Report. Title IX, OUTREACH WORKER, has also been
authorized as a request for full Static and Federal funding. This
data will also be available to the Council at the meeting,
CITY OF KENAI
ORDINANCE NO. 476-79
AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING THE 1963
KENAI CODE TO CHANGE THE REGULAR COUNCIL MEETING TIME TO
7:00 P.M. INSTEAD OF 8:00 P.M.
WHEREAS, the Council has determined that starting regular
Council meetings at 7:00 p.m. instead of 8:00 p.m. is more
advantageous in that meetings can end earlier, and
WHEREAS, this change is more conducive to the public's
presence,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1-5 of the 1963 Kenai Code as amended is
amended to change the starting time of the regular
Council meetings to 7:00 p.m. instead of 8:00 p.m.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 7th
day of March, 1979.
VINCENT O'REILLY, MAYOR
ATTEST:
Sue C. Peter,
City Clerk
FIRST BEADING: Febmlary 21, 1979
SECOND READLNG: W~areh 7. 1979
EFFECTIVE DATE: April ?, 1979
CITY OF KENAI
ORDINANCE NO. 480-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
APPROPRIATING $50,000 OF GENERAL FUND UNAPPROPRIATED FUND
BALANCE FOR THE PURCHASE OF A USED STEEL BUILDING, AND
DECLARING AN EMERGENCY.
WHEREAS, the Airport Land System is in need of a permanent
warm storage building for Airport equipment, and
WHEREAS, the owners of the Trans-Alaska Pipeline are planning
to auction surplus steel buildings in Fairbanks, Alaska on
March 7, 8, 9 and 10, 1979, and
WHEREAS, the administration just recently received notice of
this auction, and
WHEREAS, it is expected that at this auction a suitable
building can be purchased at a cost which will result in a
savings to the City in that the dimensions of said used
building are 230' x 60~ or 13,800 square feet, and if
purchased brand new, said building could cost approximately
$190,000 according to information received by the adminis-
tration, and
WHEREAS, the City is in need of a large structure to store
its equipment in winter, and
WHEREAS, it would be in the financial best interests of the
City to purchase such a building, used rather than new, for
no more than $50,000, and
WHEREAS, under the terms of the auction the City must be
ready and able to pay the purchase price at the time of the
auction, and
WHEREAS, Sec. 7-3?(2) of the Kenai Code as amended allows
for the purchase of equipment materials and supplies without
the necessity of competitive bidding where the item can be
purchased from a single source, and
WHEREAS, the Council desires that the unappropriated Fund
Balance in the General Fund be the source of funds for this
purchase, and
WHEREAS, proper accounting practices require that all
appropriations of City money be made by Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI AS FOLLOWS:
Ord. 480-79, Page 2
Section 1= An emergency is hereby declared.
Section 2: The Council authorizes the purchase of the
~01iow~
One surplus steel building, 230' x 60' at a price
not to exceed $50,000. Such purchase is made
under the provisions of Section 7-37(2) which
excepts equipment which can be furnished by only a
single dealer from the requirements of competitive
bidding.
Sectio~3: The City Manager may designate himself or
another as purchasing agent to travel to Fairbanks to
purchase said building and to direct the Finance
Director to transfer City monies to the required bank
in the proper amount but not more than $50,000 for the
purchase of said building.
Section 4: The following increases in estimated revenues
and appropriations are hereby made:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
Increase Appropriations:
Transfer to Airport Land System
$50,000
$50,000
Airport Land System
Increase Estimated Revenues:
Transfer from General Fund
Increase Appropriations:
Buildings
$50,000
$50,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 7th
day of March, 1979.
VINCENT O'RE~LLY, MAYOR
ATTEST:
~ary Ann Dore
Aoting City Clerk
First Reading: March 7, 1979
Second Reading: March 7, 1979
Effective Date: March 7, 1979
B.
I(I;NA! ¢:ITY ¢'(}U:,'~'II. - I;EGUI,AI~
l'l';}~lll tAI~,Y :~1. 1979 - '/: 0{1 l' .M.
PLED(iii OF AI,I,EGIAN~E
ROLL CALL
AGENDA API'ItOVAL
CERTIFICATION OF ELEC'I'IO~
IIEARINGS
1. Ordinance 470-79 = Capital P~0jeets "Fire l~eservoir" & "Fire Reservoir & Other
Water Sysh,m h,provemellts"
~. Ordinance 471-79- Increasing estimated reve~ues/appropriations by $2,500
Alr~rt Ter~innl Enterprise Ftmd
3. Ordinance 47~-79 = Amemltng Kenai Coclo pertaining to le~se of Airport l.~nds
4. Ordinance 473-79 - Amending Kenoi Code/pennlties under Fire Cede
~. Ordinance 474-79 - Estnbll~hlnff ~n Advisory Harbor Comndssion for the City of Kenai
6. Ordnance 475-79 - Dedicating interest revenues to retirement of 1967 0.0. Bonds
PERSONS PBESENT $CllEDULED TO I~E IIEAItD
ML~UTES
1. M~utes of the regular meeting of February '/, 1979
CORRESPONDENCE
l, Greater liennt Ch~r of Commerce Re~lutton relative to fa~-f~ service ~t Airpo~
OLD BUS.ESS
I. Resolution ~9-9 - Award of bids for ~udio/reeordfng ~utpment for Coune~ eh~b~rs
1. Bills to ~ paid - bi~s to be ratified
~. R~uisiOons exceeding $500
3. Ord~ee 476-~9 - Amending Code {o change C~neil meeting t~e ~ ~: 00 p.m.
~ut ~~abttshin~ie~genda~o~esdton-
5, Re~lution ~9-I0 - Tr~sfer of funds within the State Jarl Contract 8p~ial Revenue Fund
~, Re~lution ~9-11 - Transfer of funds within the Gener~ Fund fo provide fo~ iran~ation
~, Re~lution.~9-12 - Desi~aing CiW M~a~er ns rep~esenlntive ~ ob~ surplus prope~y
~, Re~lutlon 79-13 - Tr~sfe~ of fun~ within the Ai~o~ Land
9, Re~lutton ~9-14 - Accepting tnorease in F~er~ pa~ipation - Wn~ewater Facilities Plan
10, Re~lution ~15 - Coneur~ng with Planing Commission re~mwendatton on rez~nfnff request
~, R~lution ~9-16 = Awar~ng contract for materi~ p~eha~ of sewage pumps a re~t~ items
~, Re~lution ~9-1~ - Transfer of funds wit~n the Gener~ Fund ~ks i R~eaflon Dept.)
13, ~ of Ai~ ~ds or Facilities - Raymond M. Parks
14, ~n~ct Ch~ge Order t6 - R~ord Corporation
15, Pe~te E~ale fo~ Pn~t~ Payment ~ - H~kford Co~ornti~
16, Payments ~ Ted Form ~ As~ctates for professional services rendered
1~, Au~orized G~es of Chance a S~II - American Le~ Po~ ~20 I C~r of Comme~o
I~, ~e~ent i Ass~ment of L~e - Bear's Lai~
I, City Manager
2, City AHorney
~. ~o~
4. City CIerk
~, Finanee Dir~r
~, Pl~g i Zoning Commission
~, K~ Ponins~a Bo~ugh A~sembly
~YOR i COUKC~ - Q~STIONS AND COM~NT~
PE~ONS PRESENT N~ SCHEDULED TO BE IIEARD
ADJOURI~IENT
Ill_
FEBRUARY 21, 1979- 7:00 P.M.
I~AI PUBLIC SAFETY BUILDING
l~..gOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present:
Edward Ambarian, Betty Glick, Ron Malston, Vincent O'Reilly and
Phillip Abet
Absent: Michael Seaman and Dan Whelan
AGENDA APPR~)VAL
The following items were deleted from the agenda: F-2 and G-4. Administration
presented amended resolutions for items G-8 and G-Il. Agenda stood approved as
corrected,.
CERTIFICATION OF SPECIAL ELBCTION
City Clerk Sue Peter read the results of the Special Election held February 13, 1979
in which 230 total ballots were cast with a total vote of 122 in favor of the proposition
and 105 against,
Councilman Ambarian stated that particularly in matters of a single issue ballot,
it would be well for certification of the election to include a resolution prepared
explaining the intent of the City, etc.
B. HEARINGS
B-h Ordinance 470-79
Mayor O'Reilly read Ordinance 470-?9 by title only, "An ordinance rescinding
Ordinance 360-77 establishing a Capital Project Fund entitled "Fire Reservoir"
and establishing a Capital Pt~ject Fund entitled "Fire Reservoir and other Water
System Improvements."
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Ordinance 4?0-?9, Capital Project "Fire Reservoir and other Water System Improvements."
Mayor O'Reflly opened the meeting to the public, There was no comment,
QUESTION:
Motion passed unanimously by roll call vote,
B-2: Ordinance 4~1-79
Mayor O'Reilly read Ordinance 4~1-79 by title only, "An ordinance increasing
2/21/79 ~ Ib~ge 2
esttm~ted revenues and appropriations in the 1978-79 ^irport Terminal Enterprise
Fund Budget by $2,500?
I~,TION:
Councilman Ambar]~n moved, seconded by Councilwoman Gliek, fo~ adoption of
Ordinance 4~1-~9, inc~esstn~ revenues/appropriations by $2,500.
Mayor O'Beilly opened the heartn~ to the publf~. There was no co~ment.
Q~STION:
Bioflon passed unanimously by roll call vote.
B-~: Ordnance 4~2-~9
~fayor O'Beflly re~d Ordinsnce 4~2-79 by rifle only. "A~nd~g the Eenai Code of 196~
es ~ended as tt pert~ns ~o the leasing of Airport l~ds."
~OTION:'
Couneflm~n Ambarian moved, s~onded by Counetlwomsn Gliek, for adoption of
Ordinate 4~2-79, ~endin~ the Ken~ Code pe~atn~ to leasin~ of Airport lands.
Nayor O'Reflly opened the he~ing to ~e public. There was no comment.
Ci~ A~o~ney ScMereth ~equested thai fha ordtn~ee be defeated as it ts apparent
· a~ fu~her r~tew of the ordt~nce is n~es~ by fha Leg~ Depar~ent.
Notion ~ ~ou~y by roll c~l vote.
B-4: Or~ee
Nayo~ O'~y read Ord~nee 4~$-79 by it~e only. ~An ord~ce ~end~g the
1963 K~ C~e ~ ~end~ es it ~ne~s ~e pen~fies provision unde~ ~e F~e Code.
NOTION:
Co~eflwom~ Gltck moved, s~ond~ by Councflm~ Amb~fan, fo~ adoption of
Orate 4~$-~, me~g ~e ~de ~ tt p~s ~ penates under ~e F~e Code.
Nayor O'Reflly opened ~e h~in~ to ~e public. There was no comment.
~S~ON:
No~n p~s~ by ~ ~I vote wi~ Counetlm~ M~on vot~g no.
Nayor O'Reflly read Ordi~ee 474-~9 by title only. ~An ord~ce e~abltsh~ an
Ad~ H~ C~mission of the Ct~ of Kenai."
~ION:
C~eflwom~ G~ck moved, s~onded by Coune~ M~, for adoption of
2/21/79 - Page 3
Mayor O'Reilly opened ,the hearing to the public. There was no comment.
Mayor O'Reilly suggested that as thc City does not have an Airport Commission,
perhaps Council should consider the establishment of a Transportation Commission
which could incorporate the Ilarbor Commission, Airport Commission, etc.
QUESTION:
Motion passed unanimously by roll call vote.
]]-6:
Ordinance 475-79
Mayor O'Reilly read Ordinance 475-79 by title only. "An ordinance dedicating interest
revenues from City investments to the retirement of 1967 General Obligation Bonds."
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Ordinance 475-79, dedicating interest revenues to retirement of 1967 G .O. Bonds.
Mayor O'Reilly opened {he hearing to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote.
PERSONS PRESENT SCHEDULED TO BE HEARD
None
D. MINUTES
D-l: Minutes of the regular meeting of February 7, 1979
Approved as distributed.
E . CORRESPONDENCE
E-l:
Greater Kenat Chamber of Commerce
Relative to the Resolution from the Chamber concerning eating facilities at the
Airport Terminal Building, Mayor O'Reilly suggested that he send a letter of
response to the Chamber acknowledging receipt of the resolution and advise
that consideration is being given to the matter and also point out that the City has
filed a counter suit against ACI requesting termination of their lease.
Council so concurred.
Mayor Of Haines
Mayor O'Reilly presented a copy of a letter he had prepared to be sent to the
Mayor of Haines in which he expressed the support of the City of Kenai for Haines
2/21/79 - Page 4
Plan under the Multiple Use Concept.
PERSONS PRESENT
Council concurred that the letter be sent.
Mayor O'Reilly requested Council concurrence to allow Dr. John I'~ilsey of the
Community College a few moments to make a presentation to Council of utmost importance.
Dr. Wilsey stated that he had come before Council relative to NB 121 which was
requesting $450,000 in support of the Kenai Peninsula Community College. Dr. Wilsey
stated that as KPCC was the largest rural community college in the area they were
also in dire need of funding to keep the facility operating. Dr. Wilsey advised that
a teleconference public hearing will be held at the Borough on Monday, February 26th
and the College was requesting representation from each of the cities for supportive
testimony. D/.. Wtlsey stated that the Mayor of Soldotna, representatives of the
Chamber of Commerce, College Board members, faculty members, etc.,would offer
testimony and asked that Mayor O'Retlly be in attendance to offer support from the
City of Kenat.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, that Council authorize
Mayor O'Reilly to attend the teleconference hearing and. offer testimony of support
for the Community College.
Motion passed unanimously by roll call vote.
OLD BUSINESS
F-l: Resolution 79-9
Councilman Ambarian reported that the Public Works Committee from Council had
discussed the matter of audio/recording equipment for the Council Chambers and
of the five bids received, one committee member favored award of bid to GemCap
in the amount of $4,000 and two members recommended award to Inlet Instruments
in the amount of $?,500.
Councilwoman Glick advised~.hat she was one of the members supporting the bid
of Inlet Instruments in that after review of the equipment offered, it appeared the
City would be receiving the type and amount of equipment for the best value.
Councilman Malston stated that he too ageeed with Inlet Instruments'bid as it
would appear that a permanently installed system would be more applicable to the
City's needs and the equipment could be moved to ether quarters when the time
~ises to have new Council Cha,,.l,at.s. Councilman Ambarian stated that he would
favor the lower bid as the City did not provide "hard specs" for.the individual
companies consideration and the companies were, therefore, not bidding on the
same items. Councilman Ambarian further commented that he felt the $4,000 bid
would provide the adequate equipment the Council was seeking.
.~]TION:
Councilman Ambarian moved, for the adoption of Resolution 79-9, awarding the
bid to GemCap in the amount of $4,000.
Motion died for lack of second.
· 2/21/79 ~ Paffe 5
MOTION:
Councilman l~lalston moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-9, awarding bid to Inlet Instruments in the amount of $7,500.
l~layor O'Reilly advised that he would vote against the motion as he too felt
that the City should develop tighter bid specs and reject all bids at this time.
Councilman Aber stated that it appeared of the two bids, the equipment was
very compatible and did not differ too greatly.
QUBSTION:
l~fotion failed with Couneilmembers Ambarian, O'Reilly and Abet voting no and
Councilman l~falston and Councilwoman Gliek voting yes.
MOTION:
Councilman Ambarian moved, seconded by Councilman Abet, that all bids be
rejected and the City Clerk and Public Works Director be directed to develop
a set of specifications to be submitted to Council fo~' approval.
Councilman Abet stated that he felt no one "in-house" may have the expertise to
prepare such detailed specifications.
Councilman l~falston suggested that the Council continue with the business of the
agenda and at the end of the meeting request that representatives of the two
firms, whose bids are being considered, individually explain their' equipment.
With consent of second, Councilman Ambarian withdrew his motion.
Deleted
NEW BUSINESS
Bills to be paid - bills to be ratified
MOTION:
Couneilman Malston moved,seconded by Councilwoman Gliek, for approval of
bills to be paid and bills to be ratified as presented this date.
Motion passed unanimously by roll call vote.
G-2: Requisitions exceeding $500
MOTION:
Councilwoman Gltek moved, seconded by Councilman .~alston, for approval
of requisitions exceeding $500
~j Motion passed unanimously by roll call vote.
Ct-3: Ordfmance 476-79
Mayor O'Reflly read Ordinance 476-79 by rifle only as copies were available for
F-2:
G.
· (I"I:
2/21/79 - Page 6
the public. :;An ordinance amending the i963 Knnni Code to ei~anffe the regular
Council meeting time to 7:00 P.M. instead of 8:00 P .M.
I~:oTION:
Councilman Malston moved, seconded by Councilwoman Gliek, fop introduction
of Ordinance 476-79, changing the regular meeting time to 7:00 p.m.
Motion passed unanimously by roll call vote.
G-4: Deleted
G-5: Resolution 79-10
Mayor O'Retlly read Resolution 79-10 - transferring funds within the 1978-79
State Jail Contraot Special Revenue Fund in the amount of $150 for transportation.
MOTION:
Couneilwoman Gliek moved, seconded by Councilman Malston, for adoption of
Resolution 79-10, transfer of $150 in State Jail Contract Special Revenue Fund
There was no public comment.
QUESTIONi
Motion passed unanimously by roll call vote.
Resolution 79-11
Mayor O'Reflly read Resolution transferring $300 in the Fire Department (General
Fund) to provide funds for a fireman to attend training classes in Anchorage.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-11, transferring $300 in the General Fund for fire training classes.
There was no publie comment.
QUESTION:
Motion passed
~
unanimously by roll call vote.
G-7: Resolution 79-12
Mayor O'Reflly read Resolution 79-12 by title only. "A resolution designating the
City Manager as City representative for the purpose of obtaining surplus property
for the City."
MOTION:
Councilwoman Gliek moved, seconded by Councilman Malston, for adoption of
Resolution 79-12, designating the City Manager to obtain surplus property.
There was no public comment.
'2/21/79 - Page 7
QUESTION:
Motion passed unanimously by roil call vote.
~ ~ Resolution 79-13
Mayor O'Retlly read Resolution 79-13, transferring $2,000 in the Airport Land
System Budget to provide funding for the retention of an electrical engineer to
review the problems/status of the runway and taxiway lights and status of the
standby generator.
MOTION:
Councilman Malston moved, seconded by Couneilwomnn Gliek, for adoption of
Resolution 79-13, transferring $2,000 in the Airport Land System Budget for the
purpose of ret.aining the services of an electrical engineer.
There was no public comment.
QUESTION:
Motion pas.sed unanimously by roll call vote.
6-9: Resolution 79~14
Mayor O'Reilly read Resolution 79-14 by title only. "A ~,esolution accepting an
increase in Federal participation for the Wastewater Facilities Plan Study."
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-14, accepting increase in Federal participation in Wastewater
Facilities Plan Study.
There was no public comment.
QUESTION:
Motion passed unanimously by roll cell vote.
G-lO:
Resolution 79-15
·
Mayor O'Retlly read Resolution 79-15 by title only. "A resolution concurring with
the recommendation of the City of Kenai Advisory Planning and Zoning
Commission concerning rezoning a tract on the Kenai Spur at Strawberry Road ."
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of
Resolution 79-15, concurring with the Planning Commission on r. ezoning of a tract
on the Spur at Strawberry Road.
There was no public comment.
'2/21/79 - Page 8
QUEST!ON:
Motion passed unanimously by roll call vole.
Resolution 79-16
Mayor O'Reilly read Resolution 79-16 by title only. "A resolution rejecting bids
for material purchase of sewage pumps and related items."
MOTION:
Councihvoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-16, rejecting all bids.
City Manager Wise reported that all complete bids exceeded the budgeted funds
and would recommend rejection and requested approval that sewage pumps be
rebid with manual control panel ILO automatic transfer switch.
There was no public comment.
QUESTION:
Motion for rejection passed unanimously by roll call vote.
G-I~.: Resolution 79-17
Mayor O'Reilly read Resolution 79-17, transferring $2,500 within Parks &
Recreation (General Fund) to cover relocation expenses for the newly appointed
' -Recreation Director.
MOTION:
Councilman Malst~n moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-17, transferring $2. $0~ for relocation expenses for the ~ecreation
Director.
There was no public conunent.
Councilman Ambarian stated that he felt the City is not in a position to hire
until such time Council has approved the job description and Councilman
Ambartan also stated that he would like to see who exactly the Recreation Director
would be responsible to. Councilman Ambarian stated that he was under the
impression that the Recreation Director position would be included under the
Public Works Department and, therefore, would not approve moving expenses
for a second or third level support position.
City Manager Wise advised that his department had prepared a draft job
description which had been submitted to the Recreation Commission for their
comments. City Manager Wise also reported that the Recreation Director would
report directly to the City Manager as other Department tleads now do.
After review of the dx.aft Job description, Councilman Ambarian commented that
he appreciated the work the Recreation Commission was doing, however, felt
the Council must continue to keep control of all employees as Council is a
"clearing house" and they must insure that all employees, with the exception of the
City Manager, City Attorney and City Clerk, be under the direction of the City Manager.
'q:' '~ "2121/79' - P,,ge 9 , i'- ' " ..... "': ~;' , .....
I!
Uouncilman Malston stated that he felt tile job description was very e;:plieit and
accurately defined the requirements of tho position. Councilman Al)er stated he concurred
~ with Councilman Amba~'ian and could see problems arise if the Recreation Director were
to report to thc Recreation Commission. Councihnan Ambarian stated he felt the
Recreation Director should be under Public i%rks rather than have a department of his own.
City Manager stated that in preparation of the job description, he ;~as under the
impression that tile Council desired the Parks & Recreation be a department in their
own right.
QuEsTION:
Motion passed by roll cai1 vote with Councilman Ambarian voting no.
G-13: Lease of Airport Lands
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
lease of Lot 3, Block 2. Cook Inlet Industrial Air Park, to Raymond M. Parks for
a term of 99 years at an annual rental of $1,350.00.
City Manager Wise requested Council consideration in non-approval if the lease in
that the lease was figured at the old 1977 appraisal figure and the newly appraised rate
would be almost doubled.
QUESTION:
.... Motion failed unanimously by roll call vote.
O-14: Contract Change Order #6 - Rockford Corporation
MOTION:
Councilwoman Gliek moved, seconded by Councilman Malston, for approval of
Contract Change Order #6 to Rockford Corporation in the amount of $3,013.
Motion passed with Couneilmembers Ambarian and Malston voting no.
G-15: Periodi~ Payment - Rockford Corporation
MOTION:
Coun~flwonmn Glick moved, seconded by Councilman Malston, for approval of
Periodic Estimate #8 in the amount of. '57,899.48 to Rockford Corporation.
Motion passed unanimously by roll call vote.
f'.-16: Payments to Ted Forai & Associates
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
payments toted Form &Associates as follows: Project #7832 - $2,198.51; Project
#7860 - $10,153.43; Project #7861- $2,562.00; Project #7862 - $5,758.91; and
Project ~/863 - $2,5~1.06.
Motion passed unanimously by roll call vote.
_Ih_L IJIII .... . ...... IlL I1_11 _11111111__.
Gq.v: A,-,-thm'i=ed O,,.me~ or eh;men ~', gktll
Council unanimously al)Proved the application fro' i~ermit for authorized games of
chance and skill for Am¢,riean Legion Post #20 nnd the Grenler I<ennt Chnmber of
Commerce.
G-18: Amendment & Assignment of lease - Bear's Lair
City Attorney Sehlereth advised that the Bear's Lair had been sold and it was necessary
to execute an assignment of lease as well as thc Council had authorized the installation
of vending machines in the Airport Lobby which were to be the responsibility of the
Bear's Lair. Coun¢ihnan Mnlston inquired if this were the time to further amend the
lease to allow newspaper stands in the Airport Lobby and City Attorney gchlereth responded
that an amendment could not be made to the present document without consulting with the
attorney representing the new owners.
MOTION:
Councilwoman Glick moved, seconded by Councilman Abet, for approval of assignment
of lease from Vesta Leigh to Gloria Jane l~:oods and Sidney Uric and awendment to such
lease to extend right to the assignee to place one hot drink vending machine and one
candy machine on the premises so described in the lease document.
Motion passed with Councilman Malston voting no.
Il. P~PORTS
~I: City Manager
(a) City Manager Wise advised that the City would advertise the runway project bids
February 26th.
(b)
(O
CH2M Hill - had completed portions of the Wastewater Facilities Plan and a public hearing
will be held at the Borough Building on March 13th.
Airport Masterplan - in City offices in final form, however, now awaiting comments from
the FAA before bringing it to the Council for final approval and acceptance. ~r. Wise
also reported that there is a situation facing the City relative to the Concession Lots on the
Airport is that some determination will have to be made as one lessee has requested
an extension of his lease.
(d) Mr. Wise advised that the Finance Director had sent out project work sheets for the
upcoming budget to all departments within the City.
(e)
Addition in Terminal (Court yard adjacent to Daddy's Money). Mr. Wise apprised
Council of a potential problem that may arise during reconstruction of that area
in the Terminal which is now the courtyard. Mr. Wise stated that the City will need
cooperation from the lessee in the cafe portion so that contractors may work without
interruption. Mr. Wise reported that contractors are reluctant to undertake this portion
of the project as they would have to meet definite time requirements and commitments.
Mr. Wise suggested that the portion of the renovation of the Terminal lobby which would
include the court yard adjacent to the cafe be deleted until the matter could be resolved.
21/70 - I'a~e 11
Councilman Abet inquired if the lease with Aviation Consulta~{ts, Inc. did not stipulate
that tile City could proceed with certain buildinL~ modifications. Mr. lVise replied that
he would have to review the lense document its,df. Cot~ncilman ~alston stated that he
felt the City should proceed with arrangements necessary to start the reconstruction
process without further delay. Councilmembers Glick and Ambarian agreed and
Administration was directed to ~rocced accordingly.
(f) Mr. Wise advised that the City had received an announcement of n supervisory course
on crash fire rescue operations that would be of great benefit to lhe City. City ~lanager
l~'ise stated he would like the Fire Chief to attend -- the tuition is $200 for a four dsy
seminar, however, the seminar is to be held in Virginia. Council voiced no objection
to lhe Fh'e Chief attending the seminar.
(g) ~)Grader'- Mr. Wise reminded Council that the grader had been down for over a year
an~i~'9opcr replacement parts were not obtainable. Mr. Wise inquired what disposition
should be taken relative to the equipment. Councilman Ambarian stated that as the hour
was getting late, he would recommend that Council take the matter under advisement.
Council so concurred.
QUESTIONS & COMMENTS
Councilwoman Glick inquired if the Chevy Luv pick-up' were in and Mr. l','ise advised
that the vehicle was due to arrive in Kenai on Thursday. Councilman Ambarian inquired
ff the Car Company had not offered to provide a "loaner vehicle" until delivery could be
made as the factory had originally sent the wrong vehicle. City ]~{anager ~.~ise advised
that a loaner had been offered but he had turned it down.
Councilwoman Glicl~'nqurted)ff Don Brown had submitted his final estimates? Public
Works Director Keith"Iiol~elts advised that l~r. Brown had not yet complied with the
request.
H-2: City Attorney
City Attorney Sehlereth advised that the City filed a compulsory counter claim against
ACI -- City Attorney Sehlerc, th requested Council concurrence so that he would be able
to ~e other proceedings without delay (temporary restraining orders, etc.) without
first having to contact all Council members. Council had no objection to this request.
Bear's Lair - City Attorney Sehlereth inquired if Council wished him to proceed with
the attorneys for the new owners to make further amendments to the lease? Councilman
Ambarian suggested that he proceed accordingly but taking every precaution not to
Jeopardize the matter of the assignment. Council so concurred.
Vacation - City Attorney 8chlereth requested Council approval for him to take the last
two weeks of March as vacation time. Council so concurred.
I'I-3:
Mayor
Mayor O'Reilly advised Council that the Chamber of Commerce was sponsoring a ~Develop-
mental Seminar~ on February 2Sth of which subject shall be "Why shouldn't ~he Kenai
~'l ......... I IIII I I Iil II ~' ~*-'"~, '~ '"~---':' "" '~'-~-~ .... ir'
2/21/79 - Page 12
Peninsula be considered for the outh:t for royalty gas?" Mayor O'Reilly encouraged all
who could to attend.
City Clerk
City Clerk Sue Peter read the results of a telephone poll conducted February 15th
for permission to purchase one chain assembly for Unit 32, ,qander, at a total price
of $795. City Clerk Pett:r advised that all Councilmembers polled voted yes and
Councilman Whelan could not be reached for voting.
City Clerk Peter also requested permission to take vacation during the first two weeks
of March. Council so concurred.
II-5: Finance Director
Finance Dh'ector Charles Brown advised that two audits will be made -- one of
the Federal Revenue Sharing funds and the other on the Council on Aging. Hr. Brown
advised that the State would pay for the audit on Council on Aging and the revenue sharing
funds would bear the cost of that audit.
H-6: Planning & Zoning Commission
Councilwoman Glick reported on the meeting of February 14th in which the lease application
for lots in the FBO area (newly platted) was approved for Bishop Brothers. Councilwoman
Glick also advised that those applicants who did not respond to the letter of Administration
asking for an up-date on their lease application would no longer be considered for lease
in the newly platted FBO area north of the Terminal Building. Councilwoman Glick
also reported that approval was given to the Redi-Stop (Deshka S/D) to install gas tanks.
The Commission also received a letter from the attorney for Mr. Cason advising that he
was operating a muffler shop out of his present facility. The Commission recommended
that Mr. Cason's lease be amended accordingly.
H-7: Borough Assembly
Counoilman Ambarian reported on the meeting of February 20th in which Ordinances
?9-2, 79-3, ?9-4 and ?9-$ were approved. Also the Board of Equalization met on the
Kenat Air Service Audit and it was decided that one KAS helicopter be transferred into
the City limits and six would be left with a tax roll address of lialifonsky Beach Road.
Councilman Ambarian also advised that relative to the bid on the publication of the
foreclosure list, the contract was awarded to the low bid from The Chronicles but
Assemblyman Arness called for reconsideration at the next meeting of the Assembly.
RECONSIDERATION
F-l: Resolution 79-9
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston ,for reconsideration of
Resolution ?9-9.
Motion passed unanimously by roll call vote.
_ .... l __ I1.... I_1 II I I]-7 __T
/'
' 2/21/?9 - Page13
I{
Councilman Malston stated ha was still in favor of the built-in system which would eliminate
additional fixtures stttinff around. Councilman ^b¢:r t'eiterated his comments about the
two proposals being very similar. Couneilworann nltek stated lhat she was inclined
to the built-in system mid that the proposal fi'om Inlet Instruments included a tape recorder
plus the speakers were more spread out throuil',hout Council chambers. Couneihnan ^mbarlan
stated that he did not have a preference as to wheti~er or not the system was built in but
felt that the low bid from GemCap did offer the pm,tlnent equipment needed.
Council requested that each of the two firms outline the utilize, lion factors of their parttot~.lar
equipment and after a question and anmver time tho.. following action was taken,
QUESTION:
Motion passed by roll coil vote with Councilman Ambartan and Mayor O'Reilly voting no.
I. PIIRSONS PRESENT NOT SCHEDULED TO BF. ItEARD
None
QUESTIONS AND COMMENTS
Councilwoman Gliek stated that she felt the Clarion had provided very good coverage of
the special election in educating the public on the issue at hand and would request
that a letter of thanks be sent from the City.
Councilman Ambarian stated that as the Chamber of Commerce also provided assistance
tn.the.special election, he would request that they too be sent a letter of thanks.
ADJOURNMENT
There being no further business, Mayor O'Retlly adjourned ti~e meeting at 12 midnight.
Respectfully submitted,
~u. erC, Peter, City clerk
.... [ ........ . __ '1_ I_II I _ __ ,_11 _il I. Jl. I,_
/,
TIII8 ^GIil.;I;MENT, enterod into tills --day of
by and between the CITY OF ICENAI, a home-ruled municipal corporatiou of Alaska, herein-
aftereallod "City," and ROBERT ROPER_L_B9~ ~8~ Kenai, Alaska 99611
heretnnftcr called "Lessee."
That the City, iu consideration of tile payments of the rents and perform-
anco of all tiw covenants herein contained by tile Lessee, does hereby demise and lease
to the Lessee the following described property in the Kenai Recording Distrlct, Stale
of Alaska; lo wit:
TRACT C, KENAI BOAT RAMP: 17.894 ACRES AS IS MORE FULLY SET
FORTH IN SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF.
TERM:
day of April
annual rental of
(a) The term of this Lease is for ~ 99 years, commencing on the .l~t
, 197.._~ to the 3~0 dny of June . , .20.78, at the
4 ~ %62 ,,97
CO) The term of this I,eose may be extended by Lessee for 0_Q_ successive
periods of 0 years each, by giving written nottee to tile Lessor not less than six (6)
months prior to the expiration of the then existing term. Each extended term shall be
on the same terms end conditions ss provided in this Loose for the initial term. Lessee
will not bo permitted to extend the Lease beyond the extended term. Any termination
of this Lease during the initial term or during any extended term shall terminate all rights
of extension hereunder.
PAYMENT: Subject to thc terms of General Covenant No. I0 o.f this
Lease, the rental specified herein shall be payable es follows:
ia) Right of entry and occupancy is authorized as of the 1 day of
~April ,19 7._.9 and the first rent shall be computed from such date until June 30, 1979,
at ihe rate of $ 12.50 perdayfor 91days, equals$ 1,137.50 plus ta~ow ~lue.
Co) Annual rent for the flse~l yen,, beginning July I and endt~ June
$0 shall be payable in advance on or before the first day of July of each year. If the
annual rent exceeds $2,400, then the Lessee may opt at tile time of the execution hereof
or at tho beKInning of each new Loose yem' to pay rent in equal monthly installments,
payable in advance on or before the first day of July and on ox' before the first of each
month thereafter.
(o) Rental for any period which is less than one (1) year shall be
prorated based on the rate of the last full year.
(d) Tho rent specified herein is calculatcd as follows: 17. 894
ll~'tl'e~l~at $ 4,250 perlr~l~t~peryear, or $ 4,562.97 peryear.
acre at 6t
In addition to the rents specified above, subject to General Covenant
No. 10, the Lessee agrees to pay to the City fees as hereinafter provided:
publie improvements now b~erty
(bi Taxes pertaining to the leasehold interest of the Lessee.
LEASE -Psge 1
Revised 10/.25/78
~[NITIALS
(C) Sales tax now enforced or levied in the
future computed upon rent payable in monthly installments whether
rent is paid on a monthly or yearly basis.
(d) Lessee agrees to pay all taxes and assessments
levied in the future by the City of Kenai, as if Lessee was
considered the legal owner of record of 'the Leased Property.
(e) Interest at the rate of eight percent (8%)
per annum and ten percent (10%) penalties on any amount of money
owed under this Lease which is not paid on or before the date it
becomes due.
(g) Lessee understands that upon execution of
this lease the lands herein demised become taxable to the extent
of its leasehold interest and Lessee shall pay all real property
taxes levied upon such leasehold interest in these lands.
(h) Lessee agrees to pay all sales taxes due on
payments under this lease and to collect all sales taxes applicable
to its operations.
(i) Lessee agrees to pay all special assessments
for public improvements levied by the City of Kenai, as if Lessee
were considered legal owner of leased property.
The purpose for which this Lease is issued is:
SMALL BOAT HARBOR, BOAT RAMP, GRID, FUEL DOCK AND 100 FEET
BY 60 FEET WAREHOUSE AND RELATED FACILITIES AND OTHER THAN
HARBOR RELATED COMMERCIAL PURPOSES COMPATIBLE WITH ZONING
ORDINANCE ON LAND NOT FRONTING ON HARBOR.
GENERAL COVENANTS
1. BONA FIDE PUBLIC USER: For purposes of this
lease, bona fide pubi~c user shall mean a person or entity des£ring
to use the demised premises for one or more of those purposes set
out in the Paragraph below.
2. USES: As of the date hereof, Lessee may
conduct only the foll-~ng activities on the demised premises:
(a) Small boat harbor, boat ramp, grid, for use
by lessee and bona fide public users.
· (b) Marine fueling facility for use by Lessee and
bona fide public users.
(c) One Hundred (100) feet by sixty (60) feet
warehouse and related activities including but not limited to
boat repair facilities.
(d) Other than harbor related commercial purposes
compatible with zoning ordinance uses on portions of the land not
fronting upon the harbor or interfering with harbor-related
operations, provided that prior approval wilI be obtained by the
lessee from the City Council after review by the Advisory Zoning
& Planning and Advisory Harbor Commissions, which approval will
not be unreasonably denied. The criteria used in reviewing such
non-harbor related use is whether such use would significantly
interfere with harbor-related activities.
LEASE - Page 2 INITIALS
LESSEE:
LESSOR=
3. PURPOSES: In General, Lessee may use the
demised premises for any of the following purposes only:
(b) Maritime commerce.
(o) Transportation.
(d) Other than harbor-related commercial purposes
compatible with the zoning ordinance in certain areas and to the
extent as approved by the City Council.
4. USES: Except as provided herein, any regular
use of lands or facilities without the written consent of the
City is prohibited. This prohibition shall not apply to use of
areas designated by the City for specified public uses, such as
terminals, automobile parking areas, and streets.
5. USES NOT CONTEMPLATED PROHIBITED: Solicitation
of donations or the promotion or operation of any part or kind of
business or commercial enterprise, other than as specifically set
forth herein, upon, in or above airport lands, without the written
consent of the City is prohibited.
6. ASSIGNMENT: (Not for collateral purposes)
Lessee with City's written consent, which will not be unreasonably
denied, may assign, in whole or in part, its rights as Lessee
(Leasehold Estate) hereunder except assignments for collateral
purposes will be allowed pursuant to the provision of paragraph
38 herein.
Any assignee (except assignees for collateral
purposes, which will conform to the provisions of Paragraph 38
instead of this paragraph) of part or all of the leased premises
shall assume the duties and obligations of the Lessee as to the
such part or all of the leased premises. No such assignment,
however, will discharge Lessee from its duties and obligations
hereunder.
7. SUBLETTING: Lessee may sublet part or all of
its interest in the leasehold premises without prior City approval,
except that Lessee agrees to send a copy of his executed sublease
to the City within 10 days after its execution. In addition, all
subleases are subject to the terms and conditions of the main
lease, and no subletting shall affect the obligation of the
Lessee to perform all of the covenants required to be performed
by the Lessee herein. Any subleases of the demised areas designated
for public use hereunder shall be restricted and regulated in
terms of rates, etc., in the same manner as provided in this
lease. Storage of personal property on the demised premises
shall not be construed as a sublease.
8. TREATMENT OF DEMISE: The Lessee agrees to
keep the premises clean and in good order at its 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.
9. PAYMENT OF R~NT~ Checks, bank drafts or
postal money orders shall be made p;. :Jle to the City of Kenai,
and delivered to the City Administr,':. ,n Building, Kenai, Alaska.
LEASE - Page 3
INITIALS
LESSEE:
LESSOR:
10. CONSTRUCTION AI~PROVAL AND STANDARDS: Building
construction shal 1 [~/~'2~-~-d-~:~'~-~%~- ~-~-"~}~P-~i'ble wi th
its uses and surroundings. Prior to placing of fill material
and/or construction of buildings on a leased area, the Lessee
shall submit a plan of proposed development of property to the
City Planning Commission which shall be approved in writing for
all permanent improvements.
11. DEFAULT - RIGHT OF ENTRY: Should default be
made in the payment of any portion of the rent or fees when due,
or in any of the covenants or conditions contained in the Lease
or in any regulations now or hereinafter in force, then in such
event the City shall give Lessee thirty (30) days after such
written notice to cure such default or defaults, after which if
the default is not cured, the City may terminate the Lease,
reenter and take possession of the premises, remove all persons
therefrom.
12. RENT ESCALATION: In the event this Lease is
for a term in excess of five (5) years, the amount of rents or
fees specified herein shall, at the option of either party, be
subject to redetermination for increase or decrease based on fair
market value at intervals of five (5) years from the 1st day of
July proceeding the effective date of this Lease. No increase or
decrease in the amount of rents or fees shall be effective,
except upon ninety (90) days written notice. Fair Market Value
is defined as "the highest price estimated in terms of money
which a property will bring if exposed for sale on the open
market allowing a reasonable period of time to find a purchaser
who buys with knowledge of all the uses to which it is adapted
and for which it is capable of being used."
At each five (5) year interval, the fair market
value shall be determined by qualified independent appraisers.
The redetermined lease rate, annual rent, under this provision
shall be limited to a fifty (50%) percent increase in the prior
lease rate until the 30th year anniversary of the lease after
which the 50% cap provision shall no longer apply and the lease
rate shall be redetermined every five years on the basis of fair
market evaluation as indicated above.
If the City and Lessee are unable to agree on the
appropriate rent redetermination, if any, as above provided, on
or before May 1st of the year in which the rent shall be adjusted,
City and Lessee shall jointly select an appraiser from the regular
Alaska membership of the Society of Real Estate Appraisers or the
American Institute of Real Estate Appraisers, or the successor
body of either group who has been properly designated M.A.I. or
S.R.E.A., or S.R.P.A., or any future similar designation which
denotes proficiency in the appraisal of commercial property and
is recognized as such by either of the above two groups or their
successor bodies. The written report of the above selected
appraiser on the appraised fair market value of the Leased Property
(using the aforesaid definitions and methods) shall be conclusive
and binding on the City and Lessee for the purpose of adjusting
the rental, unless either City or Lessee object to such appraised
value. The cost of the appraisal report shall be shared equally
by the City and the Lessee, even if objected to by either party.
If the City and Lessee cannot agree on one appraiser
as above provided, or either objects to the written report of the
appraiser as above provided, the City and Lessee shall each
select an appraiser from either of the above groups who holds any
of the abode-required designations. Either party may select the
appraiser who was Jointly selected as above provided and whose
report was rejected. These two appraisers shall select a third
appraiser from either of the above groups and who holds any of
LEASE - Page 4 INITIALS
LESSEE:
LESSOR:
the required designations. The appraised fair market value
agreed upon in writing by two of these appraisers, or upon failure
of any two to agree, the average value of the two appraisals
and Lessee for the purpose of adjusting the rental. Each party
shall pay the fee of its selected appraiser and one-half the fee
of the third appraiser.
13. LEASE UTILIZATION: Leased lands shall be
utilized for purposes within the scope of the application (made a
part of this Lease and attached hereto) the terms of the Lease,
and in conformity with the ordinances of the City and Borough,
and in substantial conformity with the comprehensive plan.
Utilization or development for other than the allowed uses shall
constitute a violation of the Lease and subject the Lease to
cancellation at any time. Failure to substantially complete the
development plan of the land, consistent with the proposed use
and terms of the Lease, shall constitute grounds for cancellation.
14. CONDITION OF PREMISES~ The premises demised
herein are unimproved and are leased on an "as is, where is"
basis.
15. CONTROLLED ACCESS: Lessee, for its own
protection, may construct or install fences, gates or other types
of barriers to restrict access to portions of the demised premises,
provided open access is maintained during posted hours and keys
or other means of access are available to bona fide public users
at times other than such posted hours.
16. POLICE POWER: Lessee shall have those powers
of regulating people and traffic on{ or excluding the same from
the dock area as are reasonably necessary to insure that dock
operation is safe and efficient.
17. OFFER TO LEASE ACCEPTANCE: The offer to
lease is made subject to applicable laws and regulations of City,
and may be withdrawn without notice at any time after thirty (30)
days from submissio~ thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
18. UNDERLYING TITLE: The interests transferred,
or conveyed by this Lease are subject to any and all of the
covenants, terms or conditions contained in the instruments
conveying title or other interests to the City.
19. RIGHT OF INSPECTIONs City shall have the
right at all reasonable times to enter the premises, or any part
thereof, for the purposes of inspection.
20. INSURANCE~ Lessee covenants to save the City
harmless f~.m all actions, suits, liabilities, or damages resulting
from or arising out of any acts of commission or omission by the
Lessee, his agents, employees, customers, invitees, or arising
from or out of the Lessee's occupation, or use of the premises
demised, or privileges granted, and to pay all costs connected
therewith. In this connection, the Lessee agrees to arrange and
pay for all the following:
(a) Public liability insurance protecting both
the City and/or its agents and the Lessee, such insurance to be
evidenced by a certificate showing the insurance in force. The
amount of such public liability insurance shall have limits not
less than those known as $250,000/$500,000/$100,000.
I I
LEASE - Page 5 INITIALS
LESSEE:
LESSOR:
111
(b) Lesse~ agrees to carry emp].oyc:r's liability
insurance and Workmen's Compensation iusurance, and to furnish a
certificate thereof to the City, if applicable.
(c) Insurance contracts providing liability
insurance and Workmen's Compensation shall provide for not less
than thirty (30) days written notice to the City of cancellation
or e~piration or substantial change in policy conditions and
coverage.
(d) Lessee agrees that waiver of subrogation
against the City shall be requested of Lessee's insurer, and
shall be provided at no cost to the City.
(e) Cross L~ability: It is understood and
agreed that the insurance afforded 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 insured or employees of such other
named insured.
(f) The insurance procured by Lessee as herein
required shall be issued in the name of the Lessee and the City
by a company licensed to do business in the State of Alaska, and
shall contain endorsements that (1) such insurance may not be
cancelled or amended with respect to the City without thirty (30)
days written notice by registered or certified mail to City by
the insurance company; and (2) Lessee shall be solely responsible
for payment of premiums and that City shall not be required to
pay any premiums for such insurance.
(g) The amount of insurance coverage required
above may be subject to review for increase at each five (5) year
renegotiation of the Lease.
(h) Upon review by the Kenai Advisory Xarbor
Commission, the lessee may be required to obtain such other
insurance protecting the City and lessee that ma~ be necessarily
required or advisable owing to the particularities of the harbor
related activities on the lease hold interest.
21. INSURANCE OF USERS: Lessee, for its own
protection, may require bona fide public users to execute agreements
holding Lessee harmless from actions arising out of users' operations
and may require such bona fide public users to show proof of
public liability insurance covering their operations on the
demised premises in such amounts as will adequately protect them.
22. ACCOUNTING OBLIGATION: Lessee agrees to
furnish the City an annual sworn statement of gross business
receipts and/or an annual sworn 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.
23. COLLECTION ON UNPAID MONIES: Any or all
rents, charges, fees or other consideration 'which are due and
unpaid at the expiration of voluntary or involuntary termination
or cancellation of this Lease, shall be a charge against the
Lessee and Lessee's property, real or personal, and the City
shall have such lien rights as are allowed by law, and enforcement
by distraint may be made by the City or its authorized agent.
24. EASEMENT GRANTS RESERVED: City reserves the
right to grant and cOntrol easements in, or above the land leased.
No such grant or easement will be made that will unreasonably
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LESSEE:
LESSOR:
interfere with the Lessee's use of the land, and Lessee shall
have free access and use of any and all parking and loading
to the leased premises.
25. LEASE SUBORDINATE TO FINANCING REQUIREMENTS:
Lessee agrees that City may modify this Lease to meet revised
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, nor act to cause the Lessee financial loss.
26. SURRENDER ON TERMINATION: Lessee shall, on
the last day of the term of this Lease or upon any earlier
termination of this Lease, surrender and deliver up the premises
into the possession and use of City without fraud or delay in
good order, condition and repair, except for reasonable wear and
tear since the last necessary repair, replacement, restoration or
renewal, free and clear of all lettings and occupancies unless
expressly permitted by City in writing, and free and clear of all
liens and encumbrances other than those created by for loans to
City.
Upon the end of the term of this Lease or any
earlier termination thereof, title to the buildings and improve-
ments and building equipment shall automatically vest in City
without requirement of any deed, conveyance or bill of sale
thereon. However, if City should require any such document in
confirmation hereof, Lessee shall execute, acknowledge and deliver
the same and shall pay any charge, tax and fee asserted or imposed
by any and all governmental units in connection herewith.
27. RULES: Lessee shall observe, obey and comply
with all applicable rules, etc., of the State or Federal Governments.
(a) City reserves the right to adopt, amend ~nd
enforce reasonable rules and regulations governing the demised
premises and the public areas and facilities used in connection
therewith. Except in cases of emergency, no rule or regulation
hereafter adopted or amended by City shall become applicable
unless it has been given thirty (30) days notice of adoption or
amendment thereof.
(b) Lessee, in the conduct of its operations on
the demised premises, 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 Lessee or Lessee's conduct of its business.
(e) City shall not be liable to Lessee 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 provided, nor shall Lessee 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 interfere with Lessee's use and 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 and of the United States made
applicable to the states.
28. AIRCRAFT OPERATIONS PROTECTED~
(a) There is hereby reserved to the City,
its successors and assigns, for the use and benefit of the public,
a right of flight for the passage of aircraft in the airspace
above the surface and all improvements approved by the City of
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LESSEE:
LESSOR:
the premises herein conw.y.,l, 'together with the right to cause in
said airspace such noise ,~.~: may be inher(}nt in the operation of
aircraft, now or hereafter used for navigation of or flight in
the air, using said airspace of landing at, taking off from, or
operating on the Kenai Airport. (When plans
pursuant to paragraph 11 are approved by the City, ~h~ city to
the extent of those improvements releases the easement here
expressed. )
(b) The Lessee by accepting this conveyance
expressly agrees for itself, its representatives, successors, and
assigns, that it will not erect nor permit the erection of any
structure or object, nor permit the growth of any trees on the
land conveyed hereunder, which would be an airport obstruction
within the standards established under the Federal Aviation
Administration Regulations, Part 77, as amended. In the event
the aforesaid covenant is breached, the City reserves the right
to enter on the land conveyed hereunder and to remove the offending
structure or object, and to cut the offending tree, all of which
shall be at the expense of the Lessee or its heirs, successors,
or assigns..
29. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION:
City hereby agrees and covenants that the Lessee, upon paying
rent and performing other covenants, terms and conditions of this
Lease, shall have the right to quietly and peacefully hold, use,
occupy and enjoy the said leased premises, except that any incon-
venience caused by public works projects in or about the lease-
hold premises shall not be construed as a denial of the right of
quiet or peaceable possession.
30. LESSEE TO PAY TAXES: Lessee shall pay all
lawful taxes and assessments which, during the term hereof may
become a lien upon or which may be levied by the State, Borough,
City or any other taxlevying body, upon any taxable possessory
right which Lessee may have in or to the reason of its use or
occupancy, provided, however, that nothing herein contained shall
prevent Lessee from contesting any increase in such tax or assess-
ment through procedures outlined in State statutes.
31. NO PARTNERSHIP OR JOINT VENTURE CREATED~ It
is expressly understood that the City Shall not be construed or
held to be a partner or joint venturer of Lessee in the conduct
of business on the demised premises; and it is expressly understoo~
and agreed that the relationship between the parties hereto is,
and shall at all times remain that of landlord and tenant.
32. DEFAULT BANKRUPTCY, ETC.: If the Lessee
shall make any assignment for the benefit of creditors or shall
be adjudged a bankrupt, or if a receiver is appointed for the
Lessee or Lessee's assets, or any interest under this Lease, and
if the appointment of the receiver is not vacated within thirty
(30) days,~r if a voluntary petition is filed under
I a " Section
8( ) of thc Bankruptcy Act by the Lessee, then and in any event,
the City may, upon giving the Lessee thirty (30) days' notice,
terminate this Lease.
33. NONDISCRIMINATION: The Lessee, for himself,
his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land, that:
(a) No person on the grounds of race, color,
or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination
in the use of said facilities;
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LESSEE:
LESSOR:
(b) In the construction of any improvements
on, over, or under such laud and the furnishing of services
thereon, no person on the grounds of race, color, or national
origin snail be excludud
of, or otherwise bo subjected to discrimination;
(c) The Lessee shall use the premises in
compiiance with all other requirements imposed by or pursuant to
Title 4q, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in Federally-assisted Programs of the Department of Transportation--
Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended;
(d) In the event facilities are constructed,
maintained, or otherwise operated on the said property described
in this Lease, for a purpose involving the provision of similar
services or benefits, the Lessee shall maintain and operate such
facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, office of the Secretary,
Part 21, Nondiscrimination in Federally-assisted Programs of the
Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended;
34. PARTIAL INVALIDITY: If any term, provision,
condition or part of this Lease is'declared by a court of competent
jurisdiction to be invalid or unconstitutional, the remaining
terms, provisions, conditions or parts shall continue in full
force and effect as though such declaration was Dot made.
35. PAROLE MODIFICATIONS: It is mutually understood
and agreed that this agreement, as written, covers all the agreements
and stipulations between the parties; and no representations,
oral or written, have been made modifying, adding to, or changing
the terms hereof.
36. WARRANTY: The City does not warrant that the
property which is the subjedt of this Lease is suited for the use
authorized herein, and no guarantee is given or implied that it
shall be profitable or suitable to employ the property to such
u se ·
39. FINANCING:
(a) For the purpose of interim or permanent
financing or refinancing from time to time of the improvements to
be placed upon the leased premises, and for no other purpose,
Lessee, after giving written notice thereof to the City, may
encumber by mortgage, deed of trust, assignment or other appropriate
instrument, Lessee's interest in the leased premises and in and
to this Lease, provided such encumbrance pertains only to such
leasehold interest and does not pertain to or create any interest
in City's title to the leased premises. If such mortgage, deed
of trust, or assignment shall be held by a bank or other established
lending or financial institution (which terms shall include an
established insurance company and qualified pension or profit
sharing trust) and such institution shall acquire the Lessee's
interest in such Lease as a result of a sale under said encumbrance
pursuant to a foreclosure or other remedy of the secured party,
or through any transfer in lieu of foreclosure, or through
settlement of or arising out of any pending or contemplated
foreclosure action, such lending institution shall have the
privilege of transferring its interest in such Lease to a nominee
or a wholly owned subsidiary corporation with the prior consent
of the City, provided, however, such transferee shall assume all
of the covenants and conditions required to be performed by the
Lessee, whereupon such lending institution shall be relieved of
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LESSEE:
LESSOR:
any further liability under such lea.~;e from any after such transfor.
Such lending institution or the nominee or wholly owned subsidi4{ry
corporation to which it may have transferred such Lease, or any
~..~o. ~,.~,,~ ..~,, ~,,~ i,,~y ~- ~ny time ,~cquire such
Lease, shall be relieved of any further liability under such
Lease from and after a transfer of such Lease.
(b) A leasehold mortgagee, beneficiary of a
deed of trust or security assigneee, shall have and be subrogated
to any and all rights of the Lessee with respect to the curing of
any default hereunder by Lessee.
(c) If the holder of any such mortgage, or
the beneficiary of any such deed of trust, or the security assignee
shall give the City before any default shall have occurred in the
Lease, a written notice containing the name and post office
address of such holder, and City shall thereafter give to such
holder a copy of each notice of default by the Lessee at the same
time as any notice of default shall be given by the City to the
Lessee, and the City will not thereafter accept any surrender or
enter into any modification of this Lease without the prior
written consent of the holder of any first mortgage, beneficial
interest under a first deed of trust, or security assignee, in
this Lease.
(d) If, by reason of any default of the
Lessee, either this Lease or any extension thereof shall be
terminated at the election of the City prior to the stated
expiration therefor, the City will enter into a new Lease with
the leasehold mortgagee for the remainder of the term, effective
as of the date of such termination, at the rent and additional
rent, and on the terms herein contained, subject to the following
conditions:
(1) Such mortgagee, beneficiary or
security assignee, shall make written request to the City for
s~ch new Lease within twenty (20) days after the date of such
termination and such written request shall be accompanied by a
payment to the City of all sums then due to the City under this
Lease.
(2) Such mortgagee, beneficiary or
seourity assignee, shall pay to the City, at the time of the
execution and delivery of such new lease, any and all sums due
thereunder in addition to those which would at the time of the
execution and delivery thereof be due under this Lease; but for
such termination and in addition thereto, any reasonable expenses,
including legal and attorneys' fees, to which the City shall have
been subjected by reason of such default.
(3) Such mortgagee, beneficiary or
security assignee shall, on or before the execution and delivery
of such new Lease, perform all the other conditions required to
be performed by the Lessee to the extent that the Lessee shall
have failed to perform such conditions.
(e) If a lending institution or its nominee
or wholly owned subsidiary corporation shall hold a mortgage,
deed of trust, or similar security interest in and to this Lease
and shall thereafter acquire a leasehold estate, derived either
from such instruments or from the City, and if such institution,
nominee, or corporation shall desire to assign this Lease or any
new Lease obtained from the City (other than to a nominee or to a
wholly owned subsidiary corporation as permitted by the above
provisions) to an assignee who will undertake to perform and
observe the conditions in such Lease required to be performed by
the Lessee, the City shall not unreasonably withhold its consent
to such assignment and assumption, and any such lending institution,
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LESSEE:
LESSOR:
nominee, or subsidiary shall b~ re]loved of any further liability
under such Lease from and after stleh assignment. If the proposed
as~ignor shall assert that the City in unreasonably withholding
its consent to any such proposed assignment, such dispute shall
be rcsoived by arbit~Lion.
38. AMENDMENT OF LEASE: Notwithstanding anything
to the contrary, in order to aid the Lessee in the financing of
thc improvements to be situated herein, City agrees that in the
event the proposed mortgagee, beneficiary or security assignee
under any interim or permanent loan on the security of the leasehold
interest of the Lessee and the improvements to be situated thereon
so requires, the City will make a reasonable effort to amend this
Lease in order to satisfy such requirements upon the express
condition and understanding, however, that such variance in
language will not materially prejudice the City's rights hereunder
nor be such as to alter in any way the rental obligations of the
Lessee hereunder nor its obligations to comply with all existing
laws and regulations of the City relating to the leasing of
airport lands, and to all applicable Federal statutes, rules, and
regulations, and all covenants and conditions of the deed by
which the City holds title to the land.
39. COMPLIANCE WITH LAWS: Lessee shall comply
with all applicable laws, ordinances, and regulations of public
authorities now or hereafter in any manner affecting the leased
premises or the sidewalks, alleys, streets, and way adjacent
thereto or any buildings, structures, fixtures and improvements
or the use thereof, whether or not any such laws, ordinances and
regulations which may be hereafter enacted involve a change of
policy on the part of the governmental body enacting the same.
Lessee agrees to hold City financially harmless:
(a) From the consequences of any violation
of such laws, ordinances and/or regulations; and
(b) From all claims for damages on account
of injuries, death, or property damage resulting from such violation.
Lessee further agrees it will not permit any unlawful occupation,
business or trade to be conducte~ on said premises or any use to
be made thereof contrary to any law, ordinance or regulation as
aforesaid with respect thereto.
40. C~RE OF PREMISES: Lessee, at its own cost
and expense, shall k~ep the leased premises, all improvements
which at any time during the term of this Lease may be situated
thereon, and any and all appurtenances thereunto belonging, in
good condition and repair during the entire term of this Lease.
41. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee
will not permit any liens inci'uding, but not limited to, mechanics',
laborers'~r materialmen's liens obtainable or available under
the then ~>:isting laws, to stand against the leased premises or
improvements for any labor or material furnished to Lessee or
claimed to have been furnished to Lessee or to Lessee's agents,
contractors, or sublessees, in connection with work of any character
performed or claimed to have been performed on said premises or
improvements by or at the direction or sufference of Lessee,
provided, however, Lessee shall have the right to provide a bond
as contemplated by Alaska law and contest the validity or amount
of any such lien or claimed lien. On final determination of such
lien or such claim for lien, Lessee will immediately pay any
judgment rendered with all proper costs and charges and shall
have such lien released or judgment satisfied at Lessee's own
expense.
42. CONDEMNATION: In the event the leased premises
or any part thereof ~hall be condemned and taken for a public or
a quasi-public use, then upon payment of any award or compensation
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LESSEE:
LESSOR:
al:i::i,~..I from sue'l, ('ondomnatio,i, t'h¢.ie :dl,tJl be suc~h division off
tJl~' l.:Oct'.eds, :;u.'h .'lbatement in rent l)ayable during the term or
any extension o£ the term h(:re¢,~, and such other adjustments as
tile p,]rties may agree upon as ],(.ing ju::t and equitable ullder ail
the circumstances. If the City and Lessee are unable to agree
within thirty (30) (lays a£t:~.r .~.,~h a.-. a,.,ard has been paid into
Court, upon what division, annual abatement in rent, and other
adjustments are jllst and equitable, the dispute shall be deter-
mine.d by arbitration provided in Item 43 hereof.
43. ARB! TRAq'ION:
(a) In the event the parties shall be unable
to agree as to any matter provided for in this Lease except as to
the amount of tile 5 year rent redetermination amount which is
handled pursuant to Paragraph 13, such dispute shall be determined
by three (3) disinterested arbitrators, one of them shall be
chosen by each of the parties hereto and the third by the two (2)
so chosen.
(b) The party desiring arbitration, as
aforesaid, shall give notice in writing to tho other party of
such desire, naming the arbitrator selected by it, and 5 days
after giving of such notice the other party shall select its
arbitrator and in the event the two arbitrators chosen shall
fail, within fifteen (15) days after their selection, to agree
upon the third, then the Superior Court of the State of Alaska
shall, on request of the party not in default or upon the request
of either party if neither is in default, appoint within fifteen
(15) days after such request, an arbitrator, or arbitrators, to
fill the place or places remaining.
(~) The decision of any two' (2) of the
arbitrators in conformity with the foregoing direction shall be
final and conclusive upon the parties hereto. The decision of
the arbitrators shall be in writing, signed in duplicate by any
two (2) of said arbitrators, and one copy shall be delivered to
each of the parties hereto.
(d) Except as specifically provided for in
subsection (a), (b) and (c), the Uniform Arbitration Law of
Alaska shall govern the arbitration(s) contemplated herein.
44. SURRENDER: At the expiration of the term
fixed or any sooner termi~t'ion of the Lease, the Lessee will
peaceably and quietly quit and surrender the premises to the
City.
45. PROTECTION OF SUBTENANTS: To protect the
position of any subtenant(s) hereafter properly obtaining any
interests in the leasehold estate granted Lessee hereunder, City
agrees that in the event of the cancellation, termination,
expiration or surrender of this Lease (the ground lease), the
City will accept the Subtenant, its successors and assigns, as
its lessee for a period equal to the full elapsed portion of the
term of the sublease, including any extensions or renewals thereof
not exceeding the term of this Lease, upon the same covenants and
conditions therein contained, to the extent that said covenants
and conditions are not inconsistent with any of the terms and
conditions of this Lease, provided such subtenant shall make full
and complete attornment to the City for the balance of the term
of such sublease so as to establish direct privity of estate and
contract betweeh the City and the subtenant with the same force
and effect as though such sublease was originally made directly
between the City and such subtenant; and further provided such
subtenant agrees to comply with all the provisions of the ground
Lease and all the terms of any mortgage, deed of trust or security
assignment to which such leasehold estate is subject, except the
payment of rent under the ground Lease and the payment of any
debt service under any such mortgage, deed of trust or security
assignment.
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LESSOR:
46. SUCCES~;ORH ]:4 INTER].::;T: This L~.aue shall be
binding upon and shall inure to th.~ ben~,!i.~ of the r{.spective
su¢cessor~ and assigns of the parties hereto, sub'icct to such
specific limitations or assignment as are provided for herein.
~7. GOVERNING LAW: This indesture of Lease shall
be governed in all respects by the laws of the State of Alaska.
48. NOTICESI
(a) Any notices required by this Lease shall
be in writing and shall be deemed to be duly given only if delivered
personally or mailed by certified or registered mail in a prepaid
envelope addressed as follows:
To City~ City llall-City of Kenai
P O Box 580
Kenai, Ak 99611
To Tenant= Mr. Robert Roper
P O Box 48
Kenai, Ak 99611
The City shall also mail a copy of any notice given to the Lessee,
by registered or certified mail, to any leasehold lender (mortgagee,
beneficiary of a deed of trust, security assignee) who shall have
given the City notice of such mortgage, deed of trust or security
assignment.
(b) Any such addresses may be changed by an
appropriate notice in writing to all other parties affected
provided such change of address is given to the.other parties by
the means outlined in paragraph (a) above at least fifteen (15)
days prior to the giving of the particular notice in issue.
49. RIGHTS OF MORTGAGEE OR LIENHOLDER: In the
event of cancellatio~'-6-~ forfeiture of a lease for cause, the
holder of a properly recorded mortgage, deed of trust, conditional
assignment or collateral assignment will have the option to
acquire the Lease for the unexpired term thereof, subject to the
terms and conditions as in the original Lease.
50. ENTRY AND RE-ENTRY~ In the event that the
Lease should be termS'hated as hereinbefore provided, or by summary
proceedings or otherwise, or in the event that the demised lands
or any part thereof should be abandoned by the Lessee during the
said term, the Lessor or its agents, servants, or representatives
may, immediately or any time thereafter, re-enter and resume
possession of said lands or such part thereof, and remove all
persons and property therefrom, either by summary proceedings or
by a suitable action or proceeding at law without being liable
for any damages therefor. No re-entry by the Lessor shall be
deemed an acceptance of a surrender of the Lease.
51. FORFEITURE OF RENTAL: In the event that the
Lease should be terminated because 6f ~y breach by the Lessee,
as herein provided, the rental payment last made by the Lessee
shall be forfeited and retained by the Lessor as partial or total
liquidated damages for said breach.
52. WRITTEN WAIVER: The receipt of rent by the
Lessor with knowledge'6f"any breach of the Lease by the Lesse, or
any default on the part of the Lessee in observance or performance
of any of the conditions or covenants of the Lease, shall not be
deemed to be a waiver of any provisions of the Lease. No failure
on the part of the Lessor to enforce any covenant or provision
therein contained, nor any waiver of any right thereunder by the
Lessor, unless in writing, shall discharge or invalidate such
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LESSEE:
LESSOR:
__ ii1_ . I _ II Illll
corona,its or provisions, or affect the rJ~lht of tho Lessor to
enforce the same in the event of any subsequent breach cz d~.fault.
Tho receipt, by th(: Lessor, of any rent or ally other sum of money
after the terminatJon, in any manner, of tile term therein dem,.sod,
or after the giving by the Lessor of any notice thereunder to
effect such termination, si~ali not reinstate, continue, or
extend tile resultant term therein demis(~d, or destroy, or in any
manner impair the efficacy of any such notice of termination as
may have been given thereunder by the Lessor to the Lessee prior
to tho receipt of any such sum of money or other consideration,
unless so agreed to in writing and signed by the Lessor.
5~ BUILDING AND ZONING CODES: Leased lands shall
be utilized in accordance with the building and zoning ordinances
and rules and regulations of said authority. Failure to do so
shall constitute a default.
54. FIRE PROTECTION~ The Lessee will take ail
reasonable precaution to prevent and take all necessary action to
suppress destructive or uncontrolled grass, brush or other fires
on leased lands, and comply with all laws, regulations and rules
promulgated and enforced by the City for Fire protection within
the area wherein the leased premises are located.
5~ PERSONAL USE OF MATERIALS: Ail coal, oil,
gas and other minerals and all deposits of stone or gravel valuable
for extraction or utilization and all materials subject to Title
II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative
Code are excepted from the operation of a surface Lease. Specifically,
the Lessee of the surface rights shall not sell or remove for use
elsewhere any timber, stone, gravel, peat moss, topsoil, or any
other material valuable for building or commercial purposes;
provided, however, that material required for the development of
the leasehold may be used if its use is first approved by the
City Manager.
56 . MUTUAL CANCELLATION: Leases in good standing
may be cancelled in whole or in part at any time upon mutual
written agreement by Lessee and the City Council.
· UNLAWFUL USE PROHIBITED: Lessee shall not
'allow the leasehold premises to be used for an unlawful purpose.
57. APPROVAL OF OTHER AUTHORITIES: The issuance
by the City of leases does not reliev~ the Lessee of responsibility
of obtaining licenses or permits as may be required by duly
authorized Borough, State or Federal agencies.
5~ USE CHARGES: Lessee may make reasonable and
non-discriminatory c~rges to the public for use of any of its
facilities. Before any such charges are made, approval of rates
must be obtained from the Council of the City of Kenai, as well
as any other regulatory agency having jurisdiction over such
rates. If request for rate approval is not acted upon by the
City within thirty (30) days of submission by Lessee to the City
Clerk, such rates shall be deemed approved by City.
It is expressly recognized that Lessee is entitled
to a margin of profit, which should be fair, reasonable and
competitive, and that City will cooperate to this end in considering
rates, fees, rules and regulations as well as in the interpretation
of provisions of this contract.
59. PUBLIC PORT: It is expressly understood that
City intends the lands subject to this lease be used in order to
develop a small boat harbor, boat ramp and fuel dock as a public
service to the citizens of Kenai.
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LESSOR:
61. MAINTENANCE OF DOCK: Lessee covenants that
it will maintain the dock facility in reasonably safe condition
and ~n accordance with applicable state and federal standards.
62. TIDELANDS CLAIMS~ It is agreed and understood
that the Lessor leases the subject land to lessee subject to any
preference rights claims made pursuant to the provisions of
Alaska Statute 38.05.320 or any ordinance of the City of Kenai
adopted pursuant thereto, and the lessee holds lessor harmless
for any damages, legal expenses, or compensation necessitated by
the resolution or satisfaction of said claims, if any.
63. SUBJECTION TO HARBOR ORDINANCE: It is
agreed and understood that this lease is subject to the terms,
conditions and regulations imposed by Title II, Harbor & Harbor
Facilities, of the 1963 Kenai Code of ordinances as amended and
all ordinances and regulations that may hereafter be enacted
thereunder.
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hands, the day and year stated in the individual
acknowledgments below.
CITY OF KENAI
By:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared.JOHN E. WISE,
City Manager of the City of Kenai, known to be the person who
executed the above Lease and acknowledged that he had the authority
to sign the same, for the purposes stated therein.
Notary Public in and for Alaska
My Commission Expires:__
LESSEE
CORPORATION ACKNOWLEDGMENT
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared
and , known to me to be the persons and
officers whose names are subscribed to the foregoing Lease, who
being duly sworn, did say that they are the President and
· respectively, of . Company, a
corporation, and acknowledged to me that they executed said Lease
LEASE-Page 15 INITIALS
LESSEE:
LESSOR:
e
as their free act and deed in their said capacities, and the free
act and deed of said corporation, for the purposes stated therein.
, 19__.
Notary Publ~e in and for Alaska
My Co~ission Expires:__
INDIVIDUAL ACKNOWLEDGemENT (S)
LESSEE
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
On this day of , 19 , before me personally
appeared -- known to be the person who
executed the above Lease and acknowledged that he (she) had the
authority to sign the same, for the purposes stated therein.
Notary Public in and for Alaska
My Commission Expires:__
ACKNO%~LEDGMENT FOR HUSBAND & WIFE
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared
and , husband and wife, both-known to be the
persons whose names are subscribed to the foregoing Lease, and
acknowledged to me that they executed the same as their free and
voluntary act and deed, and for the purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __day of
, 1979.
Notary Public'in and ~or Alaska
My Commission Expires:__
LEASE - 16
INITIALS
LESSEE
LESSOR
C i'r'x t3J?
ORI)INANCE I,'O. 477-79
AN ORDINANCE OF ']'lie COUNCIL OF TIlE CITY OF KENAI, ALASKA
DECLARING A CERTAIN PARCEL OF LAND FORECLOSED BY THE
KENAI PENIN.~iULA BOROUGH Al.ID DEEDED TO TIlE CITY OF KENAI
AS DEDICATED FOR PUBLIC USE.
WHEREAS, on January 6, 1975 a certain parcel of land, fore-
closed by the Kenai Peninsula Borough, was deeded to the
City of Kenai, and
WtlEREAS, this parcel of land has been revie%.:ed by the City
of Kenai Advisory Planning & Zoning Con~ission in accordance
with the City Code, and
WHEREAS, tile Commission recommended tile retention of said
parcel for public use as a fire station site, and
WIIEREAS, A.S. 29.53.370 and A.S. 29.53.375 provide for the
notice of this ordinance to previous owners of said property
by Certified Mail, and
WHEREAS, such new state skatutory section has been added to
Ordinance #312-76 providing for the sale o£ foreclosed land
by Ordinance ~456-78.
NOW, THEREFOI~, BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF
KENAI, ALASKA AS FOLLOWS:
Section 1:
That the following parcel, as described below,
along with the name and address of their former
owner shall be retained for public purposes for
a fire station site:
Parcel
~epal Description
Former Owner
041-080-0300
Beaver Creek, Alaska
Sub. Lot 3, Block H,
Kenai Recording District
Thomas R. Brewer
PASSED BY THE COUNCIL OF TIlE CITY OF KENAI, ALASKA this 21st
day of March, 1979.
ATTEST:
Sue C. Peter, City Clerk
VINCENT O'REILLY, MAYOR
First Reading: March 7, 1979
Second Reading: March 21, 1979
Effective Date: April 21, 1979
Cl'9"¥ OF _~l.~nI
ORi)INANCE NO. 478-79
AN ORDINANCE OF TI{E COUNC.TL OF THE CITY OF KEIiAI, ALASKA
AMENDING ORDINANCE NO. 443-78.
WHEREAS, Ordinance No. 443-78 provides for a transfer of
funds from tile General Fund Reserve for Capital Improve-
ments to the Water and Sewer Special Revenue Fund Reserve
for Sewer Treatment Plant Improvem('nts, and
WI1EREAS, the: intent of Council is that this transfer be
treated as a loan to be paid back to the General Fund from
future revenues of the Water and Sewer Special Revenue
Fund, and not be treated as a liability in the records of
the Water and Sewez' Special Revenue Fund, and
WHEREAS, Section 2 of Ordinance No. 443-78 does not clearly
indicate that the repayment should be from future revenues.
NOW, THEREFORE, BE IT ORDAIh'ED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA that Section 2 of Ordinance No. 443-78 be
amended to read in its entirety as follows:
2. The transfer from the Genera]. Fund Reserve
for Capital Improvements be considered as a
loan, to be paid back to the General Fund at
5.25% simple interest, which is deemed to .be a
reasonable long-term bond rate, from future revenues
of the Water and Sewer Special Revenue Fund, as
these funds become available, under a schedule of
payment to be established at the time the Sewer Treat-
ment Plant upgrading is completed.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st
day of March, 1979.
ATTEST:
VINCENT O'REILLY, M~YOR
Sue C. Peter, City Clerk
Approved by Finance:Wzz~
First Reading: March 7, 1979
Second Reading: March 21, 1979
Effective Date: March 21, 1979
CITY OF KENAI
ORD.INANCE NO. 479-79
AN ORDINANCE OF THE COIJNCIL OF TIIE CITY OF KENAI, ALASKA
REPEALING SECTION 18, ARTICLI". 3 OF TIlE ].963 KENAI CODE AS
AMENDED REBATING TO STREET E>'.C~\VATIONS At'ID ENACTING IN ITS
PLACE A NEW ORDINANCE DEALING WI'I'll Tills SUBJECT.
WllEREAS, the City of Kenai h~s comprehensiv~ ordinances
regulating the excavations in streets and public rights-of-
way, and
WItEREAS, these ordinances have been codified in Section 18,
Arkicle 3 of the Kenai Code and have been further amended by
Ordinance ~t95-71 and 343-77, and
WtlEREAS, this code provisioD as amended is in need of re-
vision for among other reasons, to update the insurance
requirements imposed of excavators, to provide more controls
owing to increased activity, and to otherwise update the
existing code provisions.
NOW, TIIEREFORE, BE IT ENACTED BY TIIE COUNCIL OF TNE CITY OF
KENAI, ALASKA AS FOLLOWS:
Section 1: Section 18, Article 3 of the 1963 Kenai
Code and all amending ordinances of this code section,
including #195-71 and 343-77 are hereby repealed in
their entirety and in their place the following Title
18, Chapter 15 entitled, "Excavators, Pipelayers, Etc."
is hereby adopted, which is attached hcreto and made a
part hereof by reference.
PASSED by the Counail of tile City of Kenai, Alaska this 21st
day of March, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
First Reading: March 7, 1979
Second Reading: I.larch 21, 1979
Effective Date: April 21, 1979
18.15. 010 EXCAVATORS, PIPELAYERH, ETC. ;..Y_~.~.r.]zl,__I~e.?..m..~:__R_e_.elu_~..r_(_~]':
No ]~erso~l or legal entity coneluct].ng any c>:cavat~ng
activities sl~all p{;rform any work in or u]~der public
lands or pub].Jc rights-of-way or ill any public utility
easements wi ti:in the CS. ty withot]t first having been
granted a yearly permit for such work from the City
Public Works Departm¢;nt.
18.15.020 Apl2.]:j._catf_9_n~.._f.9~'.._ye. ar_ljf. Permit: Applicatfons for such
pel:mits s]~s].l be made to the I'ublic Works Department on
forms provided by the department, and shall describe
the location of the intended e×cavation or tunnel, the
size thereof, the purpo.~; therefor, and the person,
firm or corporation doing the excavating work and the
name for %~hom tile work J.s being done, and shall contain
an agreement %hat the applicant will comply with all
the ordinances and claims relating to the work to be
done, and shall rcquest such additional data, drawings,
etc., in the form of a sworn statement in order to
insure the compliance with other provisions of this
chapter.
18.].5.030 Fee: The fee for such annual permit shall be $5.00
payable in advance to the City of Kenai.
18.15.040 Bond: No such yearly permit'shall be issued unless and
until the applicant therefor has filed with the Public
Works Department a bond in the sum of Five Thousand
Dollars conditioned to indemnify the CJ.~y for any loss,
liability or damage that may result or accrue from or
because of the making, existence or manner of guarding
or constructing any such tunnel or excavation. Such
bond shall have as surety a corporation licensed to do
business in the state as a surety company.
18.15.050 Insurance: No such yearly permit shall be issued
unless and until the applicant provides to the City
certificates of insurance (with stipulation that the
City, as certificate holder, will be given 30 days
written notice of intent to cancel) evidencing:
(a)~ Not less than $100,000 of bodily injury
liability coverage per individual and $300,000 per
accident, nor less than $100,000 of propcrty damage,
liability coverage. The applicable certificate of
insurance shall clearly indicate that the property
damage liability coverage includes hazards from under-
ground work, explosion, collapse, and damage to under-
ground wires, conduits, pipes, fittings, mains, sewers
or other similar document of indemnity required pursuant
12o tnt prov~:;zons el $oc:t±on Jtl.15.0(,O h,~.q been
corpor~ted .into and m,tdo, part. of the appl.icable
surimce poi. icy.
(b) Workmen's coml~ensation insurance in accordance
with the ]awn of Alaska.
18.15.060 Indemnity A.:rc,ement: Before tile issuance oi any yearly
~-6~'~?i~-,'--{l{~ 'i~'[5]~i'.{~5'a-nt shall execute a document of
indemnity saving the City harm]ess against any loss or
damages duo to tile negligence of the permittee while
the excavation or l'~i}~c]aying work is being performed.
18.15.070 Revocation, SUsl~ension of Perm:it; Appeal:
(a) Failure of tile contractor to comply with any
of the provisions of this chapter or with any other
laws or ordinances relating to the work to be done
shall result in the immediate revocation of the contrac-
tor's yearly permit at the direction of the City Manager.
Yearly permits may be reissued wh:~n violations are
corrected in a manner satisfactory to the City.
(b) The City Manager may suspend all yearly
permits for excavation at times when climatic conditions
dictate that in the interest of public safety or to
prevent damage to public streets, sidewalks, or utility
lines such excavations should be curtailed, or if'he
determines that the excavator cannot complete a project
before the construction season ends.
(c) A permittee whose per]nit was revoked or
suspended for the reasons stated in subparagraphs (a)
and (b) above, may appeal tile decision of the City
Manager to City Council at its next regular meeting
either in writing or in person. The decision of the
City Council shall be final.
18.15.080 Individual Project Excavation Permit: In addition to
the yearly permit described above, the yearly permittee
shall obtain an individual project excavation permit
prior to commencing any excavation project in or under
any public land, rights-of-way or in any public utility
easement within the City.
18.15.090 Application for Individual Prpject Excavation Permit:
Applications for Individual Project Excavation Permits
shall be made to the Public Works Director on forms
provided by the department and shall request minimally
all information necessary in the form of a sworn statement
to insure compliance with the provisions of this chapter.
-2-
Excavat:Jon ]'~,vmit shall l)e i.~sued unless aud until
tho t)(,rmittee has given two days notice to all utilitJ, os
(indltn]Jng gas and olect]:ic companies) of his intent-ion
to excavate in the area proposed, and (b) all existing
uti].J, ty lines or pJpos have been staked or otherwis~
clearly marked for the pcrmittee accomplishing the
excavation con~emplated.
18.15.1].0 C_o3~'!~?~..o_9_Ej~th._~j:.ty__U.t.~.]_.i_tip_.s_: No Individual Exca-
ratio], Permit shall be issued for the purpose of
hooking into City utilities (water and sewer) except
upon prior recoJl',t of all connect:ion fees required by
the City. Property ownc. rs desiring %o connect to
water and sew¢.r ]atera]s or trunks shall make appli-
cation for such connection and pay all required fee.~ at
the main office of the City. All. connections to water
and sewer mains shall be made by City-approved con-
tractors and iDspected by tile Public Works Director or
his designated representative. It will be the respon-
sibility of tile property owner to furnish or supply all
materials necessary to make the connection and to
perform all necessary excavating, pipe-laying from tile
structure to the main, backfilling and compacting and
to restore the roadway to its original condition.
18.15.120 Detour Permit: In addition to the yearly permit and
the Individual Project Excavation Permit described
above, the permittee shall obtain a detour permit for
any individual project excavation requiring a detour of
traffic on City.streets, rights-of-way or City-owned
land.
18.15.130 Application: Application for a detour permit shall be
made to the Public Works Department, City Fire Depart-
ment, and the Police Department on forms provided by
the Public Works Department, and shall request minimally
such information necessary to insure compliance with
this chapter.
18.15.140 Standards Concerning Excavation Activity: Ail permittees
shall abide by the £ollowing standards:
(a) (Repair broken lines) The permittee shall
take immediate steps to repair any broken water and
sewer lines and shall immediately notify the City of
any damage.
(b) (Project coordination) The permittee shall
coordinate his work schedule with the City to insure
that adequate and timely not,.ce is given to the fire,
police and utility departments, and to insure that
-3-
coo~-,.linated. It sh,tll furl.her bc the re:;pon:~ibil, i. ty of
the permittc.,_' to see that proper traffic signs, detours
and safoquard:; are I)rov[ded, and that tho property
owner:; affect, cd direct, ly or indi. r'ect'Ly are notified and
prov}d~d with int{~rJm utill, ty s{q'vicr, os required.
(c) (M;~nncr of excavating) The permtttee shall
allo',.; no encavation or tunnel to be m;.tde in any way
conl.~'a?:5, to or at variance wJtl, the terms of the
dividual pr¢.,-)cct excavatJrm per~,lit therefor. Proper
bri~cil)r.i shall }.m mai~]taJ, ncd to prevent thc. col. lap.~;e of
adjoining ground; and Jn e>:cnvntJons the excavation
shall not h::w; anywh(:rc below t'h:- s,.lrfac(, mny poi-ti, on
which o_>;tends beyond thc ot~enin'5 at: the suF[~ce. No
injury shall be, done to any pi. pc.u, cables or conduits
in t};e makin~3 of such excav~,tJ~r,.'.: or tunnel.q; and
notice shall be-: given to thc I>er:.;olls maintaining any
such pJ.pes, cables ¢,r conduits or to the city depart-
ment or ofiiccr charged wiLh tho. care thereof, which
are or may be endangerccl or affected by the making of
any such excavation or tunnel befo~:e such pipes, cables
or conduits shall be disturbed.
(d) (Sidewalks) If any sidc. wr~lk is blocked by
any such work a tempor~ry sidex.;alk shall bc constructed
or provided which shall be safe for travel and conven-
ient for users.
(e) (Traffic routing) Where traffic is effected
the permittee shall provide proper signing and safe-
guards be in accordance with khe Alaska traffic manual.
Flashing lights on.barricades will be required during
hours of darkness. The permittee shall take appro-
priate measures to assure that during tho performance
of the excavation work, traffic conditions as near
normal as possible shall be maintained at all times so
as to minimize inconvenience to the occupants of the
adjoininq property and to the general public. Warning
signs s]2~'l be placed far enough ~n advance of the
constru::~.un operation to alert traffic within a public
street and cones or other approved devices shall be
placed to channel traffic, in accordance with the
instructions of the Director of Public Works.
The permittee shall maintain safe crossings for two
lanes of vehicle traffic at all street intersections
where possible and safe crossings for pedestrians at
intervals of not more than three hundred feet. If any
excavation is made across any public street, alley or
sidewalk, adequate crossings shall be maintained for
vehicles and for pedestrians. If the street is not
wide enough to hold the ezcavated material without
using part of the adjacent sidewalk, a passageway at
-4-
least one-ha].f of the ~,]dewa]k wi. dth shall be main-
ta~n~x] a]ong such s~dewa].k linc:.
'(f) (Closing stceet:;) W1;en traf£ic conditions
permit, the Director of Public Works may by written
approval permJ, t the closing of streets and alleys to
all traffic for a period of time prescribed by him, if
Jn hJ.s opinion Jt is necoss~,ry. Such written approval
may require that the perm[tte~' give notification to
variants public agencies and to the general public. In
such cases, such written approval shall not be va]id
until such notice is given.
(g) (Clearance for vittel, structures) The
cavation wo,'k shall J3e performed and conducted so ~s
not %o inturfece with access to fire hydr,~nts, fire?
stat~on~, fire esc~pes, water gates, underc3round vaults,
va].vc: housing structures, and ali. other vital equJ. pmcnt
as designated by the Director of Public Works.
(h) (Restoration of right-of-way) Permittees
will be required to restore the public r~ght-of-way to
the grade and condition originally found,, to replace
gravel, paving or scalcoating, ditches, culverts,
fences, signs or other improvements, unless specific
authorization to the contrary is authorized in writing
by the City. Failure to do so will be cause for the
City to accomplish the require~ work, and to collect
damages therefor from the contractor or his surety.
Permittees shall place nothing but non-frost suscep-
tible material in the area to excavate and at least six
inches of good Type I gravel on the driving surface.
He shall not contaminate the area surrounding the
excavation. He shall grade the excavation and adjacent
areas leaving ~he site in better condition then prior
~o the excavation. City of Kenai construction specifi-
cations will be complied with. Permittees shall place
nothing but non-frost susceptible material in the area
excavated. Ite shall cut and not brake the pavement and
not to undercut it. He shall place at least six inches
of Type I material and two inches of leveling coarse
before placing hot asphalt paving. All work shall be
in accordance with City specifications. The applicant
shall maintain a compaction density greater than 95%
and to guarantee for one (1) year the area excavated
against settling. Permittees shall be required to
maintain a compaction density greater than 95%.
Permittees shall also be required to quarantee the area
excavated will not settle for a period of one year and
will properly rectify at no cost to the City any area
that has settled within that time.
-5-
(i) (Clean up) As ti~e excavation work progr~-.sscs,
all streets shall b~~ thorough].v cleaned of all rubbish,
excef;s eaFth, rock and other debris resulting from such
work. All ti. can up el)creations ~t the lock, ti. on of suc:h
excavaition sinai] be aecomp]J, shed at tile expense of the
perm.i, ttee and shall be comp].eted to the satisfaction of
the Director of Public Works. ].'rom time? to time, as
may be ord(~.red by tile Director of Public Works and J.n
any event ~l']mc, dJ..:~tely aiter completion of said work,
the permittee shall, at his or its own e:.:pense, clean
up and remove all refuse and unused m~lte~ials of any
kind resulting from s~,id work, and upon failure to do
so %;ithin twenty-four ]]ours after having bc:en notified
to do so by ti](, Director of Public Works, said work may
be done by th~ Director of PublJ. c Works, and the cost
thereof charged to the pe]~mittee, and the permittee
sha].l also be liable for the cost thereof under the
surety bond }.~rovidF-..d ],eremnder. The pe~.mJttee shall
maintail~ all gutters free and unobstructed fo~ the full
depti] of the adjacent curb and and for at least one
foot in width from the face of such curb at the gutter
line. Whenever a gutter crosses an intersecting street,
an adequate waterway shell be provided and at all timms
maintained. The permittee shall make provisions to
take care of all surplus water, muck, silt, slickings,
or other run-off pumpe~ from excavations or resulting
from sluicing or other operations and shall be responsible
for any damage resulting from its failure to so provide.
(j) (Prompt completion of work) After an excavation
is commenced, the permittee shall prosecute with diligence
and expedition all excavation work covered by the
excavation permit and shall promptly complete such work
and restore the street to its original condition, or as
near as may be, so as not to obstruct the public place
or travel thereon more than is reasonably necessary.
(k) (Urgent work) When traffic conditions, the
safety or convenience of the traveling public or the
public interest require that the excavation work be
performed as emergency work the City Manager shall have
full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed
by the permittee twenty-four hours a day to the end
that such excavation work may be completed as soon as
possible.
(1) (Emergency action) Nothing in this ordinance
shall be construed to prevent the making of such exca-
vations as may be necessary for the preservation of
life or property or for the location of trouble in
conduit or pipe, or for making repairs, provided that
-6-
the p¢,.rson making such excavation shall ~I)ply bef'orc
hand t-o the C~ty M,~nager or Public Works DJFector
immediate c].earance and to apply for such a ],ermit
thc first wo[kJ.ng day after suc]~ work is commenced.
18.15.(160 _Ip~[!_~o.c_.t..ig!}_: All water and sewer tie-ins and construction
of ali. %,:.itel.- and scwor c'onnecti, ons and r~xi'.ensions shi~]l
be inspected by the Public Works Director or his desig-
nated representative prior to ba{:kfil]ing, it shllll be
the responsib]].ity of the permJti:eo to insure that
such JnspectJo]~s are d~,ne.' The pormittee shall noti Fy
the City at l~2ast 24 hours prior to the time reque:;ted
for inspection.
18.15.070 R_ic'~[,_9!%~.~]l.i_~!_4.~t;(_o~f_.P~_o.?_o.~_l_:.y O_w_n.%~: It shall be the
responsibility of the prol'>erty own~.r to asc~r[.ain and
insure thot work done within the public right-of-way or
utility ea?.oment be done only by a compete,it person or
firm bonded and insured as hereinabove specified, and
who shall have been issuc~d a permit by the C5ty author-
izJng accompllshmen¢ of such work. The City will not
assume liability for any work so performed, nor shal.[
any part of this chapter b,~. con?,trued to alter or
invalidate any easement or provision thereof.
18.].5.080 Penalty: In addition to the penalty of revocation
described in Section 18.15.070 of th~_s chapter, any
person or logal entity who shall violate any provis~on
of this chapter by doing any act prohibited or declared
to be un]awful thereby or who shall fail to do any act
when such provision declares such failure to be unlawful
shall be guilty of a misdemeanor; and upon conviction
thereof, shall be punished by a fine not exceeding One
~undzed Dollars ($100). Each day upon which any such
violation continues shall constitute a separate mis-
demeanor. In addition to, or as an alternative to the
criminal penalty aforementioned, any person or legal
entity violating any provision of this ordinance, the
uniform codes that it adopts, or any written order
shall be subject to a civil penalty of not more than
$100. Each and every day that such violation continues
shall be deemed a separate and distinct violation. In
addition, a civil injunction or temporary restraining
order may be obtained in order to obtain immediate
compliance with the provisions of this ordinance.
18.15.090 Revocation of Existing Permits: Ail existing excavation
permits issued pursuant to prior'Kenai Code provisions
as amended are hereby revoked as of the time of the
effective date of the ordinance adopting this chapter.
Such prior existing permit holders shall re-apply for
the permits required under this chapter except that no
permit fee shall be charged in such case.
-7-
18.15.].00 S_L~_~vin_g_ [Lz?_v_i_.'.~ .J: ?_ !}. : If any
found by
const.itutional or inwJlid, the validity of the re-
maining j)rov~.~ions shall not be a[£ect(.d the~cby.
-8-
CiTY OF' KF, NA1
RESO],UTION NO. 79.-1~
A RESOI,UTJ[~:~ OF TIIE COUNCIL O1.' 'j'ltE CITY OF KENAI, ALASKA
ACCEPTING A C-..~:~.~I OI']"EII FRO:4 TII!", [;TATI'; OF ALASKA, DI:I'ART-
MI:;NT O1"' ENV] iIO.?'i;.iENTAI, CON.~iERV,\T] Obl ]"OR $]., 500.
WilEREAS, thc: Stato of Alaska has offered a grant to the
City of Kenai in the amount of $1,500 to be applied toward
tile financing of tile lltep I Facility Plan for tile aJ:eawide
study on the treatment of septagc. This offer increases
tile Step i grant to $1'[,675, whi. cb represents 12.5 percent
of estimated eli.g~b]~, project costs of $93,400.
NOW, THEREFORE, Bt: IT RESOLVED BY TIIE COUNCIl, OF TIIE CITY
OF KENAI, AI,ASKA thak this gra~)t offer identiflcd as "Kenai
Sewerage Project C-020077" from the State of Alaska, Depart-
ment of Environmental Conservation for $1,500 be accepted.
PASSED BY TIIE COUNCIL OF THE CITY OF KENAI, ALASKA ti.is
7th day of I.iarch, ].979.
VINCE,~IT O' REILLY, MAYOR
ATTEST:
Mary Ann Dore, Acting City Clerk
Approved by Finance: ~g .~. ......
I _ I ..... 1 ~'~ _ Ii ..... il_ I .... I1~ i , _1 ....... 1 .I.Jlll
CITY OF KENAI
RESOLUTION NO. 79-19
B]'] IT RE.qOLVI']D BY THE COUNCII, OF THE CITY OF KE:;AI,
ALASKA TI1AT THE I"OLI,OW]'NG 'j'NA..'~SFER O]" MONIES BE MADE
IN TIlE 1978/79 GENE[~L FUND BUDGET.
From:
Lc. ga 1-Transportation ($400 )
To:
Legal-Miscellaneous $400
This transfer provides addition~l funding required for
increased court costs in filing lawsuits.
PASSED BY THE COUNCIL OF TIlE CITY OF KENAI, ALA.qKA this
7th day of March, 1979.
Attest:
Mary Ann Dorc,
Acting City Clerk
Approved by Finance:
VINCENT O' REILLY, MAYOR
CITY OF KENAI
RESOLUTION NO. 79--20
BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF KENAI,
ALASKA THAT THE ]?OLLOWI~G TRAN.~I'ER OY :4ONIE~ BE ~4ADE
IN THE 1978-79 AIRPORT LAND SY.%TE~.: BUDGET:
From:
Land Admin istratlon-Mi:3cell;-,neous
($3O0)
To:
Land Adm i n i s t rat ion-Tran .~;]? c,r ts t i on
$300
This transfer provides funds for the Fire Chief to attend
a Crash Fire R.uscue Seminar dealJn{3 with airport firc and
rescue procedures.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
7th day of March, 1979.
VINCENT O' REILLY, ~'.~AYOR
ATTEST:
Mary Ann Dore,
Acting City Clerk
Approved by Finance:
CITY OF KF-NAI
t/t':,'JOI,UT.[t.)N NU~.IBEI/ 79-21
· RESOLIJTION OF 'I'll}:: COII.~IC]I, OF TIlE CITY O]' I<F,?-,'AI, ALASKA ACCI'iPT]NG
THE PEJ~,RUARY 13, 1979 VO'I'Ji UPC)N 'J.'ItE CIIARTI;R :~. ,I',N,)I..I...,,.,.
· WIIEREAS, the Charter A::F. ndments as proposed by thc? Council of the City
of Kenai for enhancem¢:n[' el: ~:conomJc devc]o~n:ent of itc City and its
environs were adouted v'i~h 53 pel"ceut of th,? voting electorate
ill favor, despite a small turnout of voter.,:, and
WHEREAS, the Cou,]cil believns that many more of thc electorate were
in favor of the Amendmc:,~Ls, but did not ,~artlcipate duc to timing
and knowledge of the Spcclal Eleclion, and
WIIEREAS, there is apparently some concern as to the meaning and
intent of the Chaff. er Amendments.
NOW, TIIEREFORE, BE IT RESO].VED BY TIlE COUNCIL OF TIIE CITY OF KENAI that 1)
the approval of the Amendments is hereby certified, and 2) the Council
of the City of Ifenai reaffirms its intent to authorize issuance of
Industrial De';elopment Bonds and Revenue Bonds in regard to those
Amendments only when cost of servJ, cing such bonds accrue t'o those
requesting the project. Others who may desire to take advantage of
the project shall be liable for costs subject to tel.-ms and conditions
of the industrial project.
~ %SSED BY TItE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of
· ~arch 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Mary Ann Dore, Acting Clerk
CITY Oli' KENAI
RESOLUTION NO. 79-22
BE IT RESOLVED P.¥ THE COUi',~CIL OI' TIIE CITY OF KENAI, ALASKA
THAT TIlE FOLL();''~T-'''';G rRA.~.,t ER OF ].~ON£E$ BE r,~l)E IN TIIE
1978-79 GENERA], FUND L'UDGET:
From:
Building inspection-Overtime
($365)
To:
Building inspection-Transportation $365
This resolution transfers [~on~cs to allow for costs of a
seminar in Anchorage for building inspectoion personnel.
PASSED BY THE COUNCIL OF 'PHE CITY OF KENAI, ALASKA this 7th
da~ of March, ].979.
VINCENT O' REILLY, I~AYOR
ATTEST:
Mary Ann Dore
Acting City Clerk
Approved by Finance: ,-~,-.
CITY OI" I<F-,NAI
RESOLUTION NO. 79-23
A RI:iSOLUTION OP TIlE COU';CTL OF TIlE CITY OF Kt:NAI, A1,ASKA
AUTIIOR]F. ING PAY;.:I.':I'[' TO H()~'.II.IR ELECTRIC AS,qOCA'PION FOR
INSTAI.,I,ATION OF CO!qDUIT .IN TIlE TI':Ri.iINAL AREA RE: LPW
07-51-26997.
WHEREAS, as a matter of good pracl-ice, }Ior:ler E].uctric
Association in~.~a]led conduit to carry und~?rground power
transmission (:able in the area recently paved at th(: Air-
port Terminal, and
WtlEREAS, the cosk of such installation to III.iA was $30.42
per lineal feet for 247.96 feet, and
WHEREAS, HEA desires reimbursement for such work.
OF KENAI, ALA~ th~_t the sum of ~79_'4' _~. ...... :__ is hereby
· approved for paylaenc of insta].latlo~ ~)~' ~onduJ. t at the airport
terminal, charged to LPW 07-51-26997.
PASSED BY THE COUNCIL OF TIlE CITY OF KENAI, ALASKA this 7th
day of March, 1979.
VINCENT O' REILLY, F~AYOR
ATTEST:
Mary Ann Dore,
Acting City Clerk
CiTY O1" KENAI
RESO],U']']ON htO. 79-24
I3E IT RESOI,VED BY Till.: COU.qCIL OF TIIE CITY OF KENAI,
ALASKA THAT ']'lie FOL],OWING TIG~NS~.'IiR OF ~,3.~].LH BE MADE
IN TIIE 1978-7!1 GEt~EP, A1, ].'LIND BUDCET:
From:
Fire-Repair & Maintenance Supplies
($200)
To:
Fire-Transportation $200
This transfer is needed to pay per diem for a 3-day work-
shop on the use of ANI?.I.R$ (A].ar;kit-l~ational Fire Incident
Reportin9 Systen,) to be held in Anchorage on April 4, 5 &
6, 1979.
PASSED BY THE COUNCIl'0 OF TIlE CITY OF KENAI, ALASKA this
7th day of March, 1979.
VINCENT O' RI.,:'I. LLY, MAYO}':
ATTEST:
Mary Ann Dore
Acting City Clerk
Approved by Finance: ~' ..'
~.~T¥ OF KENA~'
R~SOLUT~ON NO. 79-25
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
URGING THE ALASKA HOUSING FINANCE CORPORATION TO CLASSIFY
THE ENTIRE KENAI PENINSULA BOROUGH AS A RURAL AREA FOR
MORTGAGE LOAN PURPOSES.
WHEREAS, the recent rise of interest rates charged by
conventional sources of mortgage loans has made the
financing of single family homes increasingly difficult
and expensive to procure; and
WHEREAS, the uniform availability of lower interest mortgage
loans underwritten by the Alaska Housing Finance Corporation
(AHFC) helps the growth and well-being of the Borough and
its citizens; and
WHEREAS, AHFC regulations classify the City of Kenai as
Suburban and all other areas of the Borough as Rural; and
WHEREAS, AHFC regulations seriously limit the availability
and maximum amount of mortgage loans made in Suburban areas
as contrasted with Rural areas; and
WHEREAS, the population density and land use patterns
within the City of Kenai are primarily rural in nature
and do not justify the discriminatory classification;
and
WHEREAS, the limitations placed upon mortgage loans within
the City of Kenai are channeling new home construction and
purchases into areas outside the City's boundaries and
threaten to erode the financial and social stability of
the City of Kenai:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA AS FOLLOWS:
Section 1: That the Council finds that current
classification of the City of Kenai as Suburban
by the Alaska Housing Finance Corporation is
not justified by existing population densities
and land-use patterns and that this classification
is discriminatory and undermines the development
and growth of the City of Kenai.
Resolution No. 79-25, Page 2
Section 2: That the Alaska Housing Finance
Corporation is hereby urged to classify all areas
within the Kenai Peninsula Borough as Rural for
mortgage loan purposes.
Section 3: That the Clerk shall serve copies of
this Resolution upon the Honorable Jay S. Hammond,
Governor, upon the Commissioner of the Department
of Commerce and Economic Development, and upon the
Executive Director of the Alaska Housing Finance
Corporation, and upon the Honorable Terry Gardiner,
Speaker of the House, upon the Honorable Clem Tillion,
President of the Senate, upon the Honorable Margaret
Branson, State Representative, upon the Honorable
Hugh Malone, State Representative, and upon the
Honorable Patrick McConnell, State Representative.
Section 4~ That this Resolution takes effect immediately
upon its adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
?th day of March, 1979.
ATTEST~
VINCENT O'REILLY, MAYOR
Mary Ann Dore
Acting City Clerk
LEASE
,,rl!l..q Af:III,'.I,'.MI,'.N'I'. orffol,~.d t~lo this l~dav of .'~n,,,.-,.,,-,, .
by and between the (?ITY OF KENAI, a ho,ne-ruled municipal corpo,'ation of Alaska, ho,'ein-
after called "City ," and, SEA cAq'cIt
hereinafter called "Lessee ."
That the City, ill consideration of the payments of the rents and perform-
anco of all the covenants herein contained by tile l,essee, does hereby demise and lease
to the Lessee the following described property iii the Kenai Recording District, State
of Alaska; to wit:
That portion of Lot 8, Section 8
T 5N RllW as more fully set forth in
Attachment "A" made a part hereof being
12. 121 acres more or less.
TERM:
(a) The term of this Lease is for 55 years, commencing on the ...~..st
· defer January , 1979, tothe 31 day of Decera~r , 2033, atthe
annual rental of $ 3,
Co) The term of this Lease may be extended by Lessee for 0 successive
periods of O__years each, by giving written notice to the Lessor not less than six (6)
months prior to the expiration of the then existing term. Each extended term sh~ll be
on the same terms and conditions as provided in this Lease for the initial term. Lessee
will not be permitted to e×tcnd the Lease beyond the extended term. Any termination
of this Lease during the initial term or during any extended term shah terminate all rights
of extension hereunder.
PAYMENT: Subject to the terms of General Covenant No. 10 of this
Lease, the rental specified herein shall be payable as follows:
· (a) Right of entry and occupancy is authorized as of the ls___tday of
-January, 19 7~ and the fir-~t rent shall be computed from such date until June 30, 1979,
at the rate of $ 272.50 perx~a~,for 6 X~s~g~;equals $ 1,635.00 nowdue.
month -~onth
Co) Annua~ rent for the fiscal year beginning July l and ending June
30 shall be payable in advance on or before the first day of July of each year. If the
annual rent exceeds $2,400. then the Lessee may opt at the time of the execution hereof
or at the beginning of each new Lease year to pay rent in equal monthly installments.
payable in advance on or before the first day of July and on or before the first of each
month thereafter.
(c) Rental for any period which is less than one (1) year shall be
prorated bascd~.: the rate of the last full year.
(d) The rent specified herein is calculated as follows: 12.12~ acres
~q:~mz$~zkat $ 269.7,8. per zqagvmf(m% per year, or $. 3,,.270.00 per year.
acre
In addition to the rents specified above, subject to General Covenant
No. 10, the Lessee agrees to pay to the City fees as hereinafter provided:
(a) Assessments for public improvements now benefiting property
in the amount of $ -,~,~e, , . ·
CO) Taxes pertaining to the leasehold interest of the Lessee.
LEASE - Page 1
Revised 10/25/78
,%'.
(c) Sales Lax nc~w ~,~reetl Or-leVied
upon rent l,ayable ill monthly installments whc~ther rent ]s paid on a monthly
or yearly
(d) Lessee agrees to pay all taxes and assessments levied
in the future by the City o£ Kenai, as if Lessee was considered the legal
owner o£ recora of the Leased l'roperty.
(e) Interest at the rate of eight percent (8%) per annum
and ten perdent (].0%) penalties on any amount of money owed under this
Lease which is not paid on or before the date it becomes due.
~he purpose for which this Lease is issued is:
Dock, Wharfage seafood processing and related activities.
GENERAL COVENANTS
1. USES: Except as provided herein, any regular use of
lends or faeilities--~i~hout the written consent of the City is prohibited.
This prohibition shall not apply to use of areas designated by the City for
specified public uses, such as passenger terminals, automobile parking
areas, and streets.
2. USES NOT CONTEMPLATED PROHIBITED: Solicitatlon of
donations or the promotion or operFfion of any part or kind of business or
commercial enterprise, other than as specifically set forth herein, upon,
in or above a~i~pc~c-t lands, without the written consent of the City is
prohibited.
3. ASSIGNMENT: (Not for collateral purposes) Lessee with
City's written consent, which will not be unreasonably denied, may assign,
in ~hole or in part, its rights as Lessee (Leasehold Estate) hereunder
except assignments for collateral purposes will be allowed pursuant to %he
provision of paragraph 33 herein.
Any assignee (excep~ assignee's for collateral purposes,
which will conform to the provisions of Paragraph 33 instead of this paragraph)
of part or all of the leased premises shall assume the duties and obligations
of the Lessee as to the such part or all of the leased premises. No such
assignment, however, will discharge Lessee from its duties and obligations
hereunder.
4. SUBLETTING: Lessee may sublet part or all of its interest
in the leasehold pr~miSeS Wi%hour prior City approval, except that Lessee
agrees to send a copy of his executed sublease to the City within 10 days
after its execution. In addition, all subleases are subject to the terms
and conditions of the main lease, and no subletting shall affect the obligation
of ~he Lessee to perform all of the covenants required to be performed by
~he Lessee herein.
5. T~ATMENT OP DEMISE: The Lessee agrees to keep the
premises clean and ~d 6~der 'a'~ its o~ expense, suffering no strip or
waste thereof, nor removing any material therefrom, without written permission
of %he city. At the expiration of the term fixed, or any sooner determination
of the ~ase, %he Lessee will peaceably and quietly quit and surrender the
praises to the City.
6. PAYMENT OF ~NT: Checks, bank drafts or postal money
orders shall be mad~ payable to the City of Kenai, and delivered to the
City Administration Building, Kenai, Alaska.
7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction
shall be neat and presentable and compatible with its uses and surroundings.
Prior ~o placing of fill material and/or construction of buildings on a
leased ar~a, the Lessee shall submit a plan of proposed development of
property to the City Planning Co~ission which shall be approved tn writing
for all permanent improvements.
LEASE - Page 2
Revised 2/5/79
hereinafter in force, thorn ill l;tl¢:Jl avl)lit the City shall giv/~ ],esst~e th.irLy
(30) days after such wrJttt.n notice Lo cure such dc~fault or ¢tt~faults, al tcr
which if tile ¢le[ault is not cured, tile City may terminate tho Lease, rt~t,nter
and take possession of th(~ premises, remove all l~erl3ons therefrom.
9. REN'J' i;:;CALATiGi~; in Lhu uvu~,t t',,x~'- Loa~a l.~ for a Lur.i
in excess of five (5--)--~lS~%~s-~'~l{$-~mount of rents or foes specified herein
shall, at tho option of either party, be subject to redetermination for
increase or decrease based on fair market va]ua at intervals of five (5)
years from the 1st day of July proceeding the effective date of u~ic Lease.
No increase or decrease in the amount of rents or fees shall be ~ffect. ive,
except upon ninety (90) days written notice. Fair Market Value is defined
as "the highest price estimated in terms of money which a property will
bring if exposed for sale on the open market allowing a reasonable period
of time to find a purchaser who buys with know]edge of all the uses
which it is adapted and for which it is capable of being used."
At each five (5) year interval, the fair market value shall
be determined by qualified independent appraisers. The redetermined lease
rate, annual rent, under this provision shall be limited to a fifty (50%)
percent increase in the prior lease rate until the 30th year anniversary of
the lease after which tile 50% cap provision shall no longer apply and the
lease rate shall be redetermined every five years on the basis of fair
market evaluation as indicated above.
If the City and Lessee are unable to agree on the appropriate
rent redetermination, if any, as above provided, on or before }lay 1st of
the year in which the rent shall be adjusted, City and Lessee shall jointly
select an appraiser from the regular Alaska membership of the Society of
Real Estate Appraisers or-the American Institute of Real Estate Appraisers,
or the successor body of either group who has been properly designated
M.A.I. or $.R.E.A., or S.R.P.A., or any future similar designation which
denotes proficiency in the appraisal of con~ercial property and is recognized
as such by either of the above two groups or their successor bodies. The
written report of the above selected appraiser on the appraised fair market
value of the Leased Property (using the aforesaid definitions and methods)
shall be conclusive and binding on the City and Lessee for the purpose of
adjusting the .rental, unless either City or Lessee object to such' appraised
value. The cost of the appraisal report shall be shared equally by the
City and the Lessee, even if objected to by either party.
If the City and Lessee cannot agree on one appraiser as
above.provided, or either objects to the written report of the appraiser as
above provided, the City and Lessee shall each select an appraiser from
either of the above groups who holds any of the above-required designations.
Either party may select the appraiser who was jointly selected as above
provided and whose report was rejected. These two appraisers shall select
a third appraiser from either of the above groups and who holds any of the
required designations. The appraised fair market value agreed upon in
writing by two of these appraisers, or upon failure of any two to agree,
the average value of the two appraisals closest to each other, shall be
conclusive and binding upon City and Lessee for the purpose of adjusting
the rental. Each party shall pay the fee of its selected appraiser and
one-half the fee of the third appraiser.
10. LEASE UTILIZATION: Leased lands shall be utilizedfff
~ within the sc-~-~~ication (made a part of th~a'~e and
attache~he terms of the Lease, and in confor~--v;'i~h the ordi-
nances of the City--h, and in substa~nformity with the
co~~~~.~-ment for other than the allowed
uses shall constitute a vio_~~of the----L-ea~d subject the Lease to
cancellati~.ob~tantia~ the develop-
ment ~ proposed use
~ , shall constitute grounds for cancellation" ' ' .
ll. CONDITION OF PREMISES: The premises demised herein are
unimproved and are leased on an "as is, where is" basis.
LEASE - Page 3
Revised 1/30/79
Mmll 1.? phax,d witht~i-fitti;' C,0) Ii,Jr i;i"'t'l~e i,r.i.u'ty, lJ.v h'o.tinv,, bm,lb,~, ~trip, taxiway,
or ~qwon withou_! t_l....L~'a'itto~ approval oVthc City. Tiff:; arpa shall In: twed for parking
nlrernft- bnl~;. ~ .........
to applicable laws ancl regulations of City, ancl may b~ withdrawn without notice at any
time flRer thirty (30) days fi'om submission thereof, unless within such thirt~ (30) days
the Lessee executes ~d returns the lease to the City.
14. UNDI.iRIA'ING TITLE: Thc interests transferred, or conveyed by
this Lease are subject to any and all of thc covenants, terms or conditions contaim:d in
the instruments conveying title or other interests to the City.
15. P, IGIIT OF INSPF. CTION: City shall ilavo the right of all reason-
able times to enter the premi:;es, or any part fl~crcof, for the purposes of tnspec
ttO~l.
16. INSURANCE: Lessee covenants to save the City bm'mless from all
actions, suits, liabilities, or damages resulting from or arising out of any acts of commission
or olaission by the Lessee, his agents, employees, customers, invitees, or arising from
or out of the Lessee's occupation, or use of tile premises demised, or privileges granted,
and to pay all costs connected therewith. In this connection, the Lessee agrees to arrange
and pay for all thc following:
(a) Public liability insurance protecting both the City and/or its
agents and tile Lessee, such insurance to be evidenced by a certificate showing the
insurance in force. The amount of such pnblic liability insurance shall have limits
not less thsn those known as $250,000/$500,000/$100,000.
Co) Lessee agrees to carry employer's liability insurance and
Workmen's Compensation insurance, and to furnish a certificate thereof to the City,
(e) Insurance contracts providing liability insurance and Work
men's Compensation shall provide for not less than thirty (30) days written notioe
to the City of cancellation or expiration or substantial change in policy conditions
and coverage.
(d) Lessee agrees that waiver of subrogation against thc City
zhall be requested of Lessee's insurer, and shall be provided at no cost to the City.
(e) Cross Liability: It is understood and agreed that tile insurance
afforded 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 eoversge of any one named insured as respects claims against the same named
insured or employees of such other named insured.
(f) 4~'he instwanee procured by Lessee as herein required shall
be issued in the name of tho Lessee and the City by a company licensed to do business
in the State of Alaska, and shall contain endorsements that (I) such insurance may not
be cancelled or amended with respect to the City without thirty (30) days written notice
by registered or certified mail to City by the insurance company; and (2) Lessee shall
be solely responsible for payment of premiums and that City shall not be required to pay
any premiums for such insurance.
(g) The amount of insurance coverage required above may be subject
to review for increase at each five (5) year rcnegotiation of the Lease.
17. ACCOUNTING OBLIGATION: Lessee agrees to furnish th_e_..C_fl~,_an--
mcnt of the num~ns-~f-'~t~V'6{l"s--~i--d-and/cr-any.c_e_rtifieate or statement '
~~~-~he computation of rents or fees, including reports t~t~e~'gbv~l'n'~- ~
mental agencie.s.
LF'ASF' ~ Page 4
Revised 8/14/78 ~'_,f~' .
VO]ttllt. at'y O~ ~llVO[tllltaLy t.~rmin,~Lion et callc~}]],lLJon of t.hLs l,oas~, shall
the City shall h.~ve ~tlch ]i(~n rights as are d] l~>w~d by law, and enforce, retORt
19. EASEt41.]NT GRANTS RESERVED: City roserw~s the right to
grant and cohtrol ea~{_:~{~'i;-'l~'L~]J~--~'l~ ta~d ]eased. ~h) such grant
easement will be made th,it will unr(.asonably interfere with the Lesse{,'s
use of the land, and Lessee shall have free access and use of any and all
parking and loading rights, rights of ingress and egress now or hereafter
appertaining to the leased premises.
20 LEASE SUBORDINATE ~'O FI}lANCING REOUIRE:-~NT~eG---
Federal or State g~'a~tL~J~go=uonfort~..L~='requlrements et any revenue
bond covenant. However, ~th~mod].fi'c&tio{~
rights or ~=-i~gSg'Ti~anted the Lessee by this Lease, nor act to'c~m-the.~
~~~ancia 1 loss. . .
21. SIIRREHDER ON TER;.IINATION: Lessee shall, on
the last day of tho ~65~V%~r-[~f~-~Aase or upon any earlier
termination of this Lease, surrender and deliver up the premises
into the possession and use of City without fra~td or delay in
good order, condition and repair, except for reasonable wear and
tear since the last necessary repair, replacement, restoration or
renewal, free and clear of all lettings and occupancies unless
expressly permitted by City in writing, and free and clear of all
liens and encumbrances other than those created by for loans to
City ·
Upon the end of the term of this Lease or any
earlier termination thereof, title to the buildings and improve-
ments and building equipment shall automatically vest in City
without 'requirement of any deed, conveyance or bill of sale
thereon. .IIowever, if City should require any such document in
~onfirmation hereof, Lessee shall execute, acknowledge and deliver
the same and shall pay any charge, tax and fee asserted or intposed
by any and all governmental units in connection herewith.
22. RULES: Lessee shall observe, obey and comply with all
applicable rules, etc., of the State or Federal Governments.
23. AIRCRAFT OPERATIONS PROTECTED:
(a) There is hereby reserved to the City, its successors
and assigns, for the use and benefit of the public, a right of flight for
l:he passage of aircraft in the airspace above the surface and all improvements
approved by the city of the premises herein couveyed, together with the
right to cause in said airspace such noise as may be inherent in the oper-
ation of aircraft, now or hereafter used for navigation of or flight in the
air, using said airspace of landing at, taking off from, or operating on
the Kenai Airport. (When plans for improvements ~ursuant to paragraph 7 are
approved by the City, the City to the extent of those ~mprovements releases
tho easement here expressed.)
(b) The Lessee by accepting this conveyance expressly
agrees for itself, i~s representatives, successors, and assigns, that it
will not erect nor permit the erection of any structure or object, nor
permit the growth of any trees on tho land conveyed hereunder, which would
be an airport obstruction within the standards established under the Federal
Aviation Administration Regulations, Part 77, as amended. In the event the
aforesaid covenant is breached, the City reserves the right to enter on the
land conveyed hereunder and to ~emove the offending structure or object,
and to cut the offending tree, all of which shall be at the expense of the
I~ssee or its heirs, or successors, or assigns.
Revised 2/5/79
- v,v
other covt,tl/llltft~ tt. rm:; and conditions t)~ thi~; l,eas~, ~h.~].l have tho right
to quietly and peacefully hold, m;t., occupy .ted enjoy tho said leased
p~emis~s, except tl',nt any inconvenience cau~;(.d by [~tlblJc works l,r(,'i,~ct, in
or about the leasehold premises shall not be construed as a denial of the
rigllt oi quiet or pe,,ut:.u~zu Fuo;,t: .....
25. LESSEE TO PAY TAXES: I,esnc. e shall pity all lawful tax~s
and assessments whicii;-'d~f~s~E~-t~F~'lmreof tony become a lien upon or
which may be levied by tho State, Borough, City or any other taxlevying
body, upon any taxable possessory right which Lessee may have in or to the
reason of its use or occupancy, provided, however, that nothing herein
contained shall prevent l,e~;see from contesting the legality, validity, or
application of any such tax or assessment.
26. SPECIAl, $ERVICgf:: Lessee agrees to pay City a reasonab].e
charge for any speei~i~'{i~iS %i:-i'aciliti~s required by Lessee in writing,
which services or faeilitie~ ar~ not provided for herein.
27. NO PARTNERSIIIP OR JOINT VI':NTURE CREATED: It is expressly
understood that the Cit~ sl~all not bo constr6ed or held to be a partner or
joint venturer of Lessee in the conduct of bunJ. ness on the demised premises;
and it is expressly understood and agreed that the relationship bet.ween the
partie~ hereto is, and shall at all times remain that of landlord and
tenant.
28. DEFAULT BANKRUPTCY, ETC.: If the Lea;see shall make any
assignment for the b~t of creditors or ~hall ba adjudged a bankrupt., or
if a receiver is appointed for the Lessee or l,essee's assets, or any
under this Lease, and if the appointment of the receiver is not vacated
within thirty (30) days, or if a voluntary petition ts filed under Section
18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City
may, upon giving the Lc=see thirty (30) days' notice, terminate this Lease.
29. NONDISCRIMINATION: The Lessee, for himself, his heirs,
personal representerS, successors zn interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a oovenagt
running with the land, that:
(a) No person on the grounds of race, color, or national
ortgtn shall be excluded from partiaipation in, denied the benefits of, or
ba otha'rwlse subjected to di~crimlnation in the use of said facilities;
(b) In the construction of any improvements on, over,
or under such land and the furnishing of services thereon, no person on the
~rounds of race, color, or national origin shall be exeluded from participation,
denied the benefits of, or otherwise be subjected to discrimination;
~ (c) The Lessee shall use the premises in eompliane~
,tth all ot~iimq~i~e~t.~ trussed by or purs~.~o;~}~'~;~e
Federal Regulations, Depar~m~nt-of-~r~spor~tlon, ~uotxt~e A, uz~ce o~
the Secretary, Part 21,..FO~iScrtmlnation-i~-Feder~rg~s~ed_Pr~r~s of
the Departmgn~_of-~fi~portation--Ef~ectuat~on o~ Title_V~
~t~of 1964, and as said Regulations may De amen~e~;
(d) In the event facilities are constructed, maintained,
~t~e operated on the said property described in this Lease% for a
purpose ingol~iag, the provision of similar services or.ben~fits, the Lessee
aintatn an~ erate-.s~ch facilities and sefg~ces in compliance with
~p~rtment of Tr~nuport~tko~-~Stitl~ A,-Offio~-_of the Secretary, P~rt 21,
Nondiscrimtnation~n--F~d'~ally-assisted Programs ~f t~e Department of
Transport~i~i Effeotuatign of T~t~e VI of the Civil Righ{~'~ct-of.19~3
a~said Regulations may De amenee~;
30. PARTIAL INVALIDITY: If any rem, provision, condition
or part of this ~as~ is declafe~' by a court of competent jurisdiction
be invalid or unconstitutional, the remain.ng terms, provisions, conditions
or parts shall continue in full force and effect as though such declaration
was not made.
Revi~ed 2/5/79
l;tipulation:; l.'t. wet.n tho part il~i;l ~lld no roln'~m,mlatiou~ or,~l or ~IL~II~
32. WARIIANTY: Tho Ci~y doos not warran~ that th~ propbrty
which Is the sub'j~et-6~' ~}~]'~f I,ea/;o Js soiled for the use authorized her,:in, '
to employ the property Eo ~uch uae.
(a) For the purpose of interim or permanent financing
or refinancing from time to t~me of tile improvements to be placed upon the
leased premises, and for no other purpose, Lessee, after giving written
notice thereof to the City, may encumber by mortgage, deed of trust, assignment
or other appropriate instrument, Lessee's interest in tile leased premises
and in and to this Lease, provided such encumbrance pertains only to such
leasehold interest and does not pertain to or create any'interest in City's
title to the leased premises. If such mortgago, deed of trust, or assignment
shall be held by a bank or other established lending or financial institution
(which terms shall include an established insurance company and qualified
pension or profit shari~g trust) and such institution shall acquire the
Lessee's interest in such Lease as a result of a sale under said encumbrance
pursuant to a foreclosure or other remedy of the secured p~rty, or through
any transfer in lieu of foreclosure, or through sett].ement of or arising
out of any pending or contemplated foreclosure actioa, such lending institution
shall have the privilege of transferring its interest in such Lease to a
nominee or a wholly owned subs]diary corporation with the prior consent of
the City, provided, however, such transferee shall assume all of the covenants
and conditions required to be performed by the Lessee, whereupon such
lending institution shall be relieved of any further liability under such
lease from any after such transfer. Such ]ending institution or the
nominee or wholly owned subsJdiary corporation to which it ma~ have transferred
such Lease, or any other lending institution which may at any time acquire
such Lease, shall be relieved of any further liability under such Lease
fNom and after a transfer of such Lease.
(b) A leasehold mortgagee, beneficiary of a deed of
.trust or security assigneee, £hall have and be subrogated to any and all
rights of the Lessee with respect to the curing of any default hereunder by
~essee.
(c) If the holder of any such mortgage, or the beneficiary
of any such deed of trust, or the security assignee shall give the City
before any default shall have occurred in the Lease, a written notice
containing the name and post office address of such holder, and City shall
thereafter give to such holder a copy of each notice of default by the
Lessee at the same time as any notice of default shall be given by the City
to the Lessee, and the City will not thereafter accept any surrender or
enter into any modification of this Aease without the prior written consent
of %he holder of any first mortgage, beneficial interest under a first deed
of trust, or security assignee, in this Lease.
~ (d) If, by reason of any default of the Lessee, either
this Lease or any e::tension thereof shall be terminated at the election of
the City prior to the stated expiration therefor, the City will enter into
a new Lease with the leasehold mortgagee for the remainder of the term,
effective as of the date of such termination, at the rent and additional
rent, and on tho ~erms herein contained, subject to the following conditions:
(1) Such mortgagee, beneficiary or security
assignee, shall make written request to the City for such new Lease within
twenty (20) days after the date of such termination and such written request
shall be accompanied by a payment to the City of all sums then due to the
City under this Lease.
LEASE - Page 7
Revised 2/5/79
a.~:.~qnee, ::hail pay Lo th~ City, aL the L~me of Lh~ e~ecuL~on ~nd d~.][vory
of ~uc'h new ]ease~ zmy ,~nd all ~um~; due ]]lore. under in addition to
which would at. the Lime of [ho ex,.,cuLion alid de]ivory thi.~dctof bo due
this Lease; but for such termination and in addition thert, t.o, any rear, enable
exl,onsos, including legal, and attorneys' fees, to which the City shall have
bctul subjecte~ by reason oi such default.
(3) Such mortgagee, beneficiary or security
assignee sh~]l, on or before the e~ecution and delivery of such new Le~:su,
perform all the other conditions requ.Jred to be performed by tile Le:;see to
the extent that the Lessee shall have failed to perform such conditions.
(e} If a lending institution or its nominee or wholly
owned subsidiary corporation shall hold a mortgage, deed of trust, or
similar security interest in and to this Lease and shall thereafter acquire
a leasehold estate, derived either from such instruments or from the City,
and if such institution, nominee, or corporation shall desire to assign
this Lease or any new Lease obtained from th(; City (other than to a nominee
or to a wholly owned subsidiary corporation as permitted by the above
provisions) to an assignee who will undertake to perform and observe the
conditions in such Lease lequired t¢~ be po. rformed by the Lessee, the City
shall not unreasonably withhold its consent to such assignment and as-
stunption, and any such lending institution, nominee, or subsidiary shall be
relieved of ally further liability under such Lease from and after such
assignment. If the proposed assignor shall assert that the City in unreasonably
withholding its consent ~:o any such proposed assignment, such dispute shall
be resolved by arbitration.
34. ~4ENDMENT OF LEASE: Notwithstanding anything to the
contrary, in order to aid the Lessee in the financing of the improvements
to be situated h~rein, City agrees that in the event the proposed mortgagee,
beneficiary or security assignee under any interim or permanent loan on the
security of the leasehold interest of the Lessee and the improvements to be
situated thereon so requires, the City will make a reasonable effort to
amend this Lease in order to satisfy such requirements upon the express
condition and understanding, however, that such variance in language will
not materially prejudice the City's rights hereunder nor be such as to
alter in any way the rental obligations of the Lessee hereunder nor its
oblig~tions to comply with all existing laws and regulations of the City
relating to the leasing of airport lands, and to all applicable Federal
statutes, rules, and regulations, and all covenants and conditions of the
deed by which the City holds title to the land.
35. COMPLIANCE WI~I LAWS: Lessee shall comply with all
applicable laws, ordinances, and regulations of public authorities now or
hereafter in any manner affectin~ the leased premises or the sidewalks,
~lleys, streets, and way adjacent thereto or any buildings, structures,
fixtures and improvements or the use thereof, whether or not any such laws,
ordinances and regulations which may be hereafter enacted involve a change
of policy on the part of the governmental body enacting the same. Lessee
agrees to hold City financially harmless:
(a) From the consequences of any violation of such
laws, ordinances and/or regulations; and
(b) From all claims for damages on account of injuries,
death, or property damage resulting from such violation. Lessee further
a~rees it will not permit any unlawful occupation, business or trade to be
Conducted on said premises or any use to be made thereof contrary to any
~aw, ordinance or regulation as aforesaid with respect thereto.
36. CARE OF PREMISES: Lessee, at its own cost and expense,
shall keep the leased premises, all improvements which at any time during
the term of this Lease may be situated thereon, and any and all appurtenances
thereunto belonging, in good condition and repair during the entire term of
this Lease.
LEASE - Page 8
Revised 2/5/79
or improvements by or at the direction or :;ufforenc~ of l,cssuo, provided,
however, l.osseo shall have the right to provide a bond as contemplated by
Alaska law and contest the w~lidity or am,'~unt of any such lien or claimed
lien. On final determination of such l[c.n or such claim for lien, Lessee
will immediately pay any judgment rendered with all proper costs and chargc, s
and shall have such lien released or judgment satisfied at Lessee's own
expense.
38. CONDEMNATION: In the event the l~ased premises or any
part thereof shall be condemned and taken for a public or a quasi-public
use, then upon payment of any award or compensation arising from such
condemnation, there shall be such division of tile proceeds, such abatement
in rent payable during the term or any extension of the term hereof, and
such other adjustments as the parties may agree upon as being just and
equitable under all the circumstances. If the City and Lessee are unable
to agree within thirty (30) days after such an award has been paid into
Court, upon what division, annual abatement in rent, and other adjustments
are just and equitable, the dispute shall be determined by arbitration
provided in Item 39 hereof.
39. ARBITRATION:
(a) In the event the parties shall be unable to agree
as to any matter provided for in this Lease such dispute shall be determined
by three (3) disinterested arbitrators, one of them shall be chosen by each
cf the parties hereto and the third by the two (2) so chosen.
(b) The party desiring arbitration, as aforesaid,
shall give notice in writing to the other party of such desire, naming
therein the 5) days after giving of such notice, to notify the other in
writing of the arbitrator selected by it, or in the event the two arbitrators
chosen shall fail, within fifteen (15) days after their selection, to agree
upon the third, then the Superior Court of the State of Alaska shall, on
request of the party not in default, or upon the request of either party if
neither is in default, appoint within fifteen (15) days after such request,
an arbitrator, or arbitrators, to fill the place or places remaining.
(c) The decision of any two (2) of the arbitrators in
conformity with the foregoing direction shall be final and conclusive upon
the parties hereto. The decision of the arbitrators shall be in writing,
signed in duplicate by any two (2) of said arbitrators, and one copy shall
be delivered to each of the parties hereto.
(d) Except as specifically provided for in subsection
(a), (b) and (c), the Uniform Arbitratio:. Law of Alaska shall govern the
arbitration(s) contemplated herein.
40. SURRENDER: At the expiration of the term fixed or any
sooner termination of the Lease, the Lessee will peaceably and quietly quit
an4 surrender the premises to the City.
41. PROTECTION OF SUBTENANTS: To protect the position of
any subtenant(s) hereafter properly obtaining any interests in the leasehold
estate granted Lessee hereunder, City agrees that in the event of the
cancellation, termination, expiration or surrender of this Lease (the
~round lease), the City will accept the Subtenant, its successors and
assigns, as its lessee for a period equal to the full elapsed portion of
the term of the sublease, including any extensions or renewals thereof not
exceeding the term of this Lease, upon the same covenants and conditions
therein contained, to the extent that said covenants and conditions are not
inconsistent with any of the terms and conditions of this Lease, provided
such subtenant shall make full and complete attornment to the City for the
balance of the term of such sublease so as to establish direct privity of
LEASE - Page 9
Revised 2/5/79
Cit'y and ;;tl¢'h :;Lll)ten;H~t ; ~tltd l~t'L:h('l' .),~(,vid(',~ Hu('I) StlJ)ti'iJ.lll['.
cc..l,ly with :Il I tho l)rov.i~;Jt~lS:; of tls(, ground ],~,,t~;{, ,qnd /Ill t.he
mortgage, ;it.cd et trust or security a~;signmellt, to which stlch leasehold
estate is subject, except the paymc.llt, of rent under the ground Loast~ and
the payment of any debt service under any such mort.gage, deed of trust or
security assignment.
42. SUCCESSORS IN INTI.iRI.iST: This Lease shall bo binding
upon and shall i nure~-~-t~5[U~kl-~-'c{t' t-}~' re~q~ective successors and assJgn~
of the parties hereto, subject to such specific lJ. mitations or assJgnm..)nt
as are provided for herein.
43. GOVERNING LAW: This indenture of Lease shall be governed
in all respects by t~-'[A~-'~'~{e State of Alaska.
44 · NOTICES:
(a) Any notices required by this Lease shall be in
writing and shall be deemed to be duly given only if delivered personally
or mai]ed by certified or registered fi. ail in a prepaid envelope addressed
as follows ~
To City: City llall - City of Kenai
.. P.O. Box 580
Kenai, Alaska 99611
To Tenant: Sea Catch Inc.
Route 2
So]dotna, Ak. 99669
The City shall also mail a copy of any notice given to tho Lessee, by
registered or certified mail, to any leasehold ]e,,der (mortgagee, beneficiary
of a deed of trust, security assignee) who shall have given the City notJ. ce
of such mortgage, deed of trust or security assignment.
(b) Any such addresses may bo changed by an appropriate
notice in writing to all other parties affected provided such change of
address is given to the other parties by the means outlined in paragraph
(a) above at least fifteen (15) days prior to the giving of the particular
notice in issue.
45. RIGIITS OF MORTGAGEE OR LIENIIOLDE~: In the event of
canaellation or forfeiture of a lease for cause, the holder of a properly
recorded mortgage, deed of trust, conditional assignment or collateral
assignment will have the option to acquire the Lease for the unexpired t~rm
thereof, subject to ~he ter~ and conditions as in the original Lease.
46. ENTRY AND ~-ENTRY: In the event that the Lease should
be terminated as hereinbefore provided, or by summary proceedings or otherwise,
or in the event that the demised lands or any part thereof should be abandoned
by %he Lessee during the said term, the Lessor or its agents, servants, or
representatives ;.";y, i~ediately or any time thereafter, re-enter and
resume possessJ(~ of said lands or such part thereof, and remove all persons
and property th...'c, from, either by sugary proceedings or by a suitable
action or proceeding at law without being liable for any damages therefor.
No re-entry by the Lessor shall be deemed an acceptance of a surrender of
the Lease.
47. FORFEITURE OF RENTAL: In the event that ~he Lease
should be %e~inated because of any breach by the Lessee, as herein provided,
the rental payment last made by the Lessee shall be forfeited and retained
by the Lessor as partial or total liquidated damages for said breach.
48. WRITTEN WAIVER: The receipt ~f rent by the Lessor with
knowledge of any breach of the Lease by the Lessee, or any default on the
part of the Lessee in observance or performance of any of the conditions or
covenan(s of tho Lease, shall not be deemed to be a waiver of any provisions
of the Lease. No failure on the part of the Lessor to enforce any covenant
or provision therein contained, nor any waiver of any right thereunder by
the Lessor, unless in writing, shall discharge or invalidate such covenants
~ho t.c, rm [hOit'ill (i~qlli~i~d~ 0]' Ziltl~r Lh~ gJvJn,J bv the ],e~sor of an~ lloLJc:~
iml~aJr the efficacy of any such notice of termJn;ttit)n as ~iiy have been
given thereunder by th{-, Los:~or to tho L, sst.e prior to tile rt'coipt of al)y
such sum of money or other consideration, unless so agreed to in writing
and signed by the Lessor.
49. EXPIRATION OF LEASE: Unless the Lease renewed or
sooner torminat{~d as~)~,Q~i~-~6]~-,-'{he Lessee shall peaceably and quietly
leave, surrender and yield Ul-, unto the Lessor all of the leased land on or
before the last day of the term of the Lease.
50. BUILDING AND ZONING CODES: Leased lands shall be
still, zed in accordance with the buii-(i~n~]--anj-zoning ordinances and rules
and regulations of said authority. Failure to do so shall constitute a
default.
5l. FIRE PROTE¢:TION: The Lessee will take all reasonable
precaution to preven~--~{j-~-./., ~'i-~-necessary action to suppress destructive
or uncontrolled grass, brush or other fires on ].eased ]ands, and comply
with all laws, regulations and rules promulgated and enforced by tile City
for fire protection within the area wherein the leased premises are located.
52. PERSONAL USE OF MATERIALS: Ail coal, oil, gas, and
other minerals and all deposits of stone or gravel valuable for extraction
or utilization and all materials subject to Title II, Division I, Chapters
4, 5 and 6 of the Alaska Administrative Code are excepted from the operation
of a surface Lease. Specifically, the Lessee of the surface rights shall
not sell or remove for use elsewhere any timber, stone, gravel, peat moss,
topsoil, or any other material valuable for building or. commercial purposes;
provided, however, that material required for the development of the leasehold
tnay'be used if its use is first approved by the City Manager.
53. MUTUAL CANCELLATION: Leases in good standing may be
cancelled in whole o~--i~'part at any time upon mutual written agreement by
.Lessee and the City Council.
54. UNLAWFUL USE PROHIBITED: Lessee shall not allow the
leasehold premises to be used for an unlawful purpose.
55. APPROVAL OF OTI[ER AUTIIORITIES: The issuance by the
City of Leases does not relieve the Lessee of responsibility of obtaining
licenses or permits as may be required by duly authorized Borough, State or
~ederal agencies.
IN WITNESS WIIEREOF, the parties hereto have hereunto set
%heir hands, the day and year stated in the individual acknowledgments
below.
CITY OF KENAI
By.
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
Before me, the undersigned, a Notary Public in and for the State of Alaska,
on %his day personally appeared JOHN E. WISE, City Manager of the City of
Kenai, known to be tile person who executed the above Lease and acknowledged
~hat he had the authority to sign the same, for the purposes stated therein.
Notary Public in and for ~]aSka
Commission Expires:
LEASE - Page 11
Revised 2/5/79
CORPOI AC KN t)%%'I,E'I ~(hMI.:NT
STATE OF AI,ASKA )
)ss
TIIIRI) JUDICIAL DISTRICT )
Before me, the nndersigned, a Notary Put)lie in and for the State of Alaska,
on this day por-,:onally appeared 'Y",.Xi¢ l c._~l, I::.~_ and 7G, h~ R.
, known to lee to'b~' ille P(,;':~ fll~ ~el'S I~hose names fl~
to the foregoing Lease, who being duly sworn, did 8ay thai they m'e the President and
Xtiee [~-~lc~',~{ ., respectively, of 5{ fi c eXc ~, ~: gtC. Comp.ny, a corporation, and ac-
knowledged to me that Ihey ex'eeuted said l,eas~ as their free act and deed in their said
capacities, and the fl'ce act and deed of said corporation, for the purpo:;es stated therein.
GIVEN UNI)ER MY IIAND AND SEAL OF OFFICE, this ~ay of [~'t[,_. ,
~otary }'~blie in and for Alaska
My Comraia$ion Expires: tO ~ ~
INDIVIDUAL ACKNOWLEDG.'~IENT tS)
LESSEE
STATE OF ALASKA )
)ss
TIIIRD JUDICIAl, DISTRICT )
On this -- day of ,19__, before me personally appeared
, known to be the person who executed tile
above Lease and acknowledged that lie (she) bad the authority to sign the same, for
She purposes stated therein.
Notary Public in and for Alaska
My Commission Expires:
ACKNOI%'LEDGMENT FOR tlUSBAND & WIFE
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for.the State of Alaska, on
this day personally appeared and , husband
and wife, both known to be the persons whose names are subscribed to the foregoing Lease,
and acknowledged to me that they executed the same as their free and voluntary act and
deed, and for the purposes and considerations therein expressed.
1978.
GIVEN UNDER MY IIAND AND SEAL OF OFFICE, this __day of
LEASE - Page 12
Revised 8/14/78
Notary Public in and fo:' Alaska
]~y Commission Expires:
Al'PROVED AS TO LEASE FOIiM by City Allorncy
APPROVI';D by Fina,we Director
APPROVED by City Manager
LEASE AI'PI:OVED by City Council this day of
(Initials)
(lnitiak;)
(Initials)
, 19 .
CITY CI,EIIK
LEASE - P~age 13
Revi~ed $],14/'/8
N
S89"5B'W
660.00' TO
SEC. lINE
LOT 9, $E0.8
EM 95
COLUt,~iJIA- WARD CQVE CAHNEf:Y
800.03'
o. 'o
.il o
0
o
VICINITY MAP
$ FF'OMo.[~:,g$ r,,~t". KENAI
SCALE ~t~ ST"I,JT
DE' R:.,.L. HARR.'.,h
Lll'i£$ NOT SET.
ELEVATIONS ARE
FEET AND REFER
TO &'.uLW -'0.00'
PLAN
SCALE I"= 200'
I00 50 0 ~O0 200
PROPOSED PIER
LO'..:ATE D ON
WEST DANK K£NAI RIVER
CITY OF KENAI
KENA! P[IIINSIJLA BOROUGH
STATE OF ALASKA
APPLICATION EY
R- .L._F_.E SEAFOODS
F,'OUT E 2 '
SOLDOTNA, ALASKA
APF(IL I, 1970 SiIF.,
SItEET I OF 2 ...... _.j
MtI'I'UAI, REC [.~;.qlON AND RE1,EASI':
I, iNOW AI.I. MEN BY TIIE:~E PRI.:,';I:NT.q:
That ou tile 2nd day of March, ]~79, .qEA CATCH, IN(:.,
formerly R-LEE SEAFOOD.q, 1NC.; a,,d tile CITY el:' KENA]; th,:m
and each ol7 them, do hereby mutual]y rescind that certain
Lease ¢lat.(:,l May 6, ]970, and r¢:co~¢l(:d oil July 7, 197], in
Miscellar, c:ou.~ Book 40 at Page 32], in the }?,nai Roeordiuq
District, Third Judicii, 1 l)JstrJc!, State of Alaska, of the
following described real property, to wit:
That pm:Lion of Lot 8, Section 8
T 5N R]IW as more fully sot forth
ill Attachment "A" made a !,art
here,of being ].2.12] ac~es more or
]ess.
and that certain Assignment dated April 22, 1977, assiqn[ng
said Lease to R-I,EE SEAFOODS, INC., which Lease and A%siqn-
merit be a,]d the same are held for naught.
That in consideration of the mutual recission and
termination of said Lease and Assignment thereof, SEA CATCII,
INC., formc:rly R-LEE SEAFOODS, INC. and the CITY OF KI:;NAI
are each finally discharged as to the other on said I,c~ase
and Assignmellt thereof. That the CITY OF KI'iNAI and SEA
CATCH, INC. shall enter into a 55-year lease on said property
as of the date of this recission.
No representations have been made by one party to the
other and that this Recission is not effective until all
parties have executed it and a mutual agreeable 55-year
lease entered into by and between SEA CATCIt, INC. and the
CITY OF KENAI on the above-described real property.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
CITY OF KENAI
Date: BY:C-~y Manager
ATTEST:
aO~in9 ciiY C~'erk'
R-LEE ,qEAI.'OODS, INC.
Doris l,~,mhley 9
' ~ '. "i
"c .',.,. i!ll :',,~,~i, .... Viee-P,.'esid¢.nt
SI'iii CATCII, INC.
~"1. !l'i' ' "
co-
John McIli].l an
;
CORPORAT] O..'.I A~"K,NfY','ILF. DGM!,L~IT
STATE OF ALASKA )
) ss
THIRD JLIDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for
the State of Alaska, on this day personally appeared DORIS
LASIILEY and JOIIN McMII,LAN known to me to be the persons and
officers whose names are subscribed to the foroqoing Lease,
who being duly sworn, did say that they are the President
and V~ce-Pre:~ido. nt, respectively of SEA CATCII, INC., formerly
R-LEE SEAFOODS, INC., a corporation, and acknowledged to
me that they executed said I-lutu~,l Recission and Release as
their free act and deed in their said cap~cities, and tile
free act and deed of said corporation, for the purposes
stated therein.
GIVEN UNDER MY lIANA) AND SEAL OF OFFICE, this ,9. U~day of
~-' ~l~a~.,~ ~, , 1979.
~-6~ y Pubi"~'- -'n-" ! ~--f°r Alaska
My Commission Expires:J6.. ,I.~.L~.-~-
MUTUAL RECISSION AND RELEASE - 2
John E. Wise
City ~;at;:K;or
City of Kenai
Box 580
Kenai, Alaska
Subject: B~llings for Engineering Services
CEIP Deslgn
Ct'~ NSLILTI NI3
February 22, 1979
Our Job 78-4 5
Dear Mr. Wise:
Please consider this invoice Jn the amom]t of ,23,635.50 as compensation
for basic engineering services with regard to the subject projects for the
period 10 December 1978 throuzh 8 Vebruary 1979.:
AIRPORT WAY/WILLO":~ STREET SE'..;ER (78-1~5ol)
Engineer I 3.5 hr. @~0.00 $140.00
Drafting 5.5 hr. @ $16.00 $88.00
Typist 1.5 hr. e $].6.00 $24.00
Total ~
BEAVER LOOP -- WEST, S~ER AND WATER
Engineer I 62.0 hr. @ $40.00 $2,480.00
Sr. Technician 17.5 hr. @ $27.00 $472.50
Drafting 14.0 hr. @$16.00 $224.00
~a~lst 3.0 hr. ~ $16. oo $48.90
Drilling (invoice plus 10~) $8~3.85
Survey 3 man crew 12. O hr. ~ $80.00 $960.00
Tot~ ~5,o19.25
(~/':.~T")
BEAV~: LOOP -- WEST, S~'ER Aim ~.!ATER (78_.-.~.5--3)
Engineer I 115.0 hr. 8 $40.00 $4,620.00
Sr. Technician 90.0 hr. @ $27.00 $2,430.00
Drafting 60.0 hr. @ $16.00 $960.00
~i~t 9.0 hr. @ $~6.00 $14~.oo
Plats and Reproduction (invoice plus 10~) $146.52
Drilling (invoice plus 10~) $2,751.73
Page 1
BO)< 1041 KF_.~AI,AI. AS~A
PHONE (9~7) ~Ei3-t~E~72
:Joh~ E. l'Iise Page
Sum~c.y
#
~,,:sn crew
Nan ere~,
Van ereu
21.0 hr. C +j,..O0
1~8.0 hr. (~ :[:55.00
50.0 hr. C $&9.00
Total amount due
this invoice
4;2 61~0. O0
,zo. oo ,~'_ ....,, ,/.',
I certify that the above charges are correct and that payment therefore has
not been received.
Very ~cm~y yours,
WI:'ICE-COKi'iiELL-BRYSON & £'REAS
John E. Wise
City ~4~nager
City of Kenai
Box 580
Kenai, Alaska 9'3611
Subject: Billings for Engineering Services
Rehabilitation of YJell House 101
February 28, 1979
78-19-1
Dear ~. Wise:
Please consider this invoice for Engineering Cervices ~ith regard to the
subject project in the amcu, t of .~,986.~;1 for the period 9 Dec¢.mber
1978 through 26 l'cbrua~y 1979:
Engineer I 1~8 hr. ~; $34.00 $5,032.00
Technician 5 hr. ~ $22.50 $112.50
Draftsman 85 hr. ~ $13. OO $1~105.00
v13. OO
Typist 31.75 hr. '-O ':' $~12.75
Drilling (invoice plus 10~,) $1t08.
Long Dists,nce Phone (~ nvoice plus 10~) $5.20
Electrical Engineer (invoice p~lus 10~,) $825.00
(subcontract) $85. O~
lo .)
I certify that the above cham-ges are correct and that payment therefore
has not been received.
Very truly yours,
WINCE-OORTHELL-BRYSON & FREAS
KEiY,~Ai, AL.A~K A g!]Bll
John Wise
City ~hnager
Box 580
Kenai, Alaska
99611
N:treh 1, 1979
78227
~ECE~V~D
MAR 2 19tt~
Cll¥ OF KENAI
Subject:
Billing for Engineering Services
1979 1..'.odiI'icattons to Sewage
Pumping Sta bions
Dear I,~. Wise:
Please consider this invoice for Engineering Services with re~rd to the
subject project for the period August 1978 to ~.hrch 28th, 1979:
Engineer I
Draftmm~n
Typist
Electrical Engineer
Freight
222.5 hr ~J $~4.00
· p13. O0
59.0 hr ~ ~'
13.'(5 hr ~ $13. O0
(invoice plu~; 10~)
(invoice plus 10~)
Total
Not to Exceed
This invoi, ce
$7,56P. oo
$767.00
$6~3. po
$9,162.34
$5,800.00
$5,8o0.00
The original scope of work for this project did not include replacing the
lift station at ;'~alPer Lane. A significant portion of our costs for this
Job are a result of this aspect of the' project. We therefore request a
meeting with you and Keith Kornelis to discuss this matter and the
possibility of additional compensation for our services related to the
increased scope of work.
Thank you for your consideration.
Very truly yours, ~ ........
WINCE-CORTHELL-BRYSOj~ & Pi.riAS
BO)( 1041
KENAI,ALASKA 99Bll
I-:arch 1, 1979
7'/-43
John Wise
City ~nager
Box
KenaJ, Alaska
99611
Subject:
Invoice for EngJnee],ing
Construction Suppnrt Sezwlce
1977 ~treet lmproveuents
Period Sept. 26, 19~f8 thru. Feb. 20, 1973
Dear Mr. Wise:
Please consider this invoice in the ~uaount of $1,].39. 50 for angiueorlng
sel~'~ces for attendance at naetfnos, computation of quantib~e.s and other
activities related .to £:inallzing the referenced project.
A-1 Lilac Street
Engineer I 3 hr. ~ $34. O0 $102.00
Technician 1 hr. ~ $22.50 $22.50
A-2 Walker Lane
Engineer I
Technician
Redoubt
Engineer I
Lupine/Fern
-Enginee~
Technician
,A-~ ~th Street
Engineer I
Technician
hr. ~ $3~.00
hr. ~ $22.50
hr. ~ $34.00
hr. ~ ~34.00
hr. ~ ~22.50
2hr. ~o .OO
0.5 hr. ~ $22. 50
A-6
Kaknu
Engineer I
Technician
3 hr. e $34. oo
1.5 hr. e $~2.50
$102. O0
$2m 5o
$3o6. OO
$68.~
$n.~5
$102. O0
~135.
ElOX 104'1 KENAI
Page 1
,ALAGKA ~! 9Sll
John Wi'~.'.e Page ~ B/1/79
6. O hr. ¢~ .?, 311. O0
Tot,".O amo;.mb ¢1,1(: this
· ~;204. O0
$1~137.50
I certify ?hat the above charges crc correct and that pr~yment therefore
has not been recefved.
Very truly yours
WINCE- CORTIF,~LL-BRY£ON
·
CH2M
]HILL
engineers
planners
economists
scientists
City of Kenal
Box 580
Kenat, Alaska
99611
Anchorage Office
310 K Street, Suite 602 Anchorage, Alaska 99501
907/279.6491
Date 15 February 1979
Job No. K10510. DO
Client Ref. No.
Invoice No. 9679
Attn: Mr. John t~fse, Manager
STATEMENT
For services through 24 January 1979 in connection with Kenat-Soldotna
Septage Disposal Study.
Professional Services:
Labor $3,754.27
Expenses 9.70
Professional Fee 586.03
TOTAL MOUNT DUE .......................
$4~350o00 ~
APPROVED BY CITY OF KENAi
CITY MANAGER .... ~flf~NANCE ¢~?-~-- - _ ......
DUE AND PAYAB. LE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE*' OF I% PER MONTH, WHICH IS
AN ANNUAL (~ERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT.
CH2M
engineers
pklnners.
economists
scientists
Anchorage Office
:310 K Street. Suite 602 A,cllorage. Alaska g9501
907/279-6491
Date 15 February 1979
Job No. K10510. BO
Ctty ot' KenaJ Client Rof. No.
BOX 580 Invoice No. 9680
Kenat, Alaska 99611
Attn: Flr. dohn l~fse, Manager
STATEMENT
For servtces through 9 February 1979 In connection with the
~astelater Facilities Plan.
Labor:
L. D. Leman
Total Labor
8 hfs $283.58
$283.58
Expenses:
TransportatJon $ 22.00
Word Processfng 51.70
Repro/Copy 16.36
Postage/Freight 37.00
Total Expenses $127.06
AI~UNT DUE .......................... $410.64
'72-' ¥95Ao-
FINAL BILL
,,, ~_~;_l:~_ ......
AP?ROVED BY CiTY OF X'.ENAI
J~g,:~,..:~.~..~ ........... ?..~ ......... ~ ...........
DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES· COMPUTED BY A "PERIODIC RATE" OF I% PER MONTH, WHICH IS
AN ANNU~ PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR~ THE CURRENT MONTH)· WILL BE CHARGED ON ALL PA~.DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW Off BY CONTRACT.
CH2M
[ HILL
engineers
planners
economists
scientists
City of Kenat
Box 580
Kenat, Alaska
99611
Anchorage Office
310 K Street, Suite 602 Anchorage, Alaska 99501
907/279-6491
Date 15 February 1979
Job No. Kl1865.A1
Client Ref. No.
Invoice No. 9684
STATEMENT
For engineering services through 24 January 1979 in connection with
Kenat Airport Resurfacing Final Design.
Professional Services:
65g complete
~30,000.00
N~OUNT DUE ..........................
~30,000.00
DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A *'PERIODIC RATE" OF I% PER MONTH, WHICH I$
AN ANNUAL, PERCENTAGE RATE OF 12% {APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY C.ONTRACT.
m
CH
" HILL
engineers
planners.
('COll~)n~Jsts
sciontists
City of Kenaf
P. 0. Box 580
Kenai, Alaska
99611
Anchorage Office
310 K Street, Suite 602 Anchorage, Alaska 99501
907/279-6491
Date 15 February 1979
Job No. K11865.A5
Client Ref. No.
Invoice No. 9689
Attn: Mr. John Wise, City Manager
STATEMENT
For engineering services through 24 January 1979 in connection with the
Airport Resurfacing Preliminary Design.
Professional Services: $2,1.40.00
A~IOUNT DUE .......................... j.2.,!~0.00
FII~LaJ. BILL
DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS
AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT.
283'77,32
F,-l,ruary 28 ]978
(;i. ty of Fen"i
q,,n::'[, P.!.'. {;t, 6~ 1
I":VOii CE
in Accordanc'e U]th Agr,,,'.r:cnt Dated .lan 23
Retainer 207x (.~2500) ........................ :----$5'30.00
Dt~a IQFOll 17Mc. CH['].O~I Of ;...-,~'ec.:.~ent.
Thank you
CI','t,,, t, AL .e,,3 py
March 1~ 1979
'1 III I~'T~ I r. I IIII I I II
CITY OF KENA!
P. O. BOX 580 KENAI, ALASKA 9961
TELEPHON£ 283 - 7535
TO:
l:ROlq:
SUBJECT:
John l','~se, City Hanager
Keith Kornelis, Director of Public Iforks
l~'bat's llappening Report fei' City Council Neeting
Narch 7~ 1979
IVINTERIZATIOX OF IYARH STORACE BUILDING
This project is in its winter dormant stage at this time. The
concrete floor has been poured but there is still some work that
needs to be done outside:m~d around the building.
AIRPORT PAVING
The City of Kenai has received the bid documents and drawings
today. Pre-bid conference has been set for March 16, 1979 at
10:00 a.m. The bid ope:ling date has been set for Narch 28, 1979
at 2:00 p.m.
ARCTIC DOORS AT AIRPORT TERMINAL
There seems to be a considerable interest in this project by
contractors. There are over a dozen plans and specifications
out at this time. The pre-hid for this project has been set
for IVednesday, ~arch 7, 1979, at 10:00 a.m. The Bid opening
date is ~larch 14, 1979 at 1]:00 a.m.
RENOVATE LIFT STATIONS
All the hi. ds for furnishing Lift Station materJ, als were rejected
due to financial problems, liince, Corthell, Bryson, and Freas
are cutting back on some of tile material and making a few changes
that will hopefully give us lower prices. A new bid date for
l.ift Station materials has been set for Hatch 15, t979 at
2:00 p.m. The construction phase of the renovation of thc Lift
Stations ]las been of considerable interest by contractors as
revealed by our planholders list which shows ]7 l)lans out.
The pre-bid conference on the construction has been set for
Narch 22~ 1979 at 1:00 [).ii1. The Bid Opening l)ate is April 11, 2 p.m.
Mt;mo !o John
Page 2
March ], ].979'
I~ATtiR - SI'rJR FRO,',I I',I!AVI!P, I,OO1' TO D¢)GW()OI'~ ANI') IYATIiR FIFTll S'I'RI.~I.Tr
Ted }:orsi and Associate:; hare completed plans and specifJcntious
for these projects. They are going to be bid at the same time
with Fifth Street as a deductive alternate. Tile pre-bid
conference has been set for March 22 at 10:00 a.m. Tile Bid
Opening date hos been set for April 6 at 10:00 a.m.
I~eATER AND SlihqiR - NORTtl KENAI SPIIR, WATER AND SEI%qiR YIAIN STREET,
$~A'rER AND SEI~'ER - LAKI'ON, AND igATER-- C/iNTRAI. HEIGIITS TO INLET VIEW
These projects have been designed by Ted Forsi and Associates.
l~e have received the preliminary plans and specifications. They
have beeh marked preliminary since we have required all the
engineers to get Jmput from utility companies and from the City
prior to analysis of tile drawings. They will be completed as
soon as all tile final comments are in.
STREE'r~ WATER, AND SEI~'ER I~IPROVEb!IiblTS FOR AIRPORT WAY
The pre-bid conference for this project ht:.s been set for Friday,
Idarch 16 at 2:00 p.m. The bid opening d~te is ~{arch 28, 1979
at 4:00 p.m. This bid opening is two hours after tile bid opening
for the Airport Paving project.
WATER AND SEWER ON TIlE BRIDGE ACCESS ROAD, WATER ON BEAVER LOOP
These projects are part of the CEIP Engineering Projects and are
being completed by lVince, Corthell, Bryson, and Freas.
RENOVATE I~/ELL HOUSE NO. 1
This project is being engineered by Wince, Corthell, Bryson and
Freas. The pre-construction conference has been set for
March IS at 10:00 a.m. Tile Bid Opening Date is Hatch 29, 1979
at 4:00 p.m. ~
TIIREE ~IILLION GALLON IgATER STORAGE TANK
The big holdup on this project at this time is the delivery of the
generator. The supplier of this generator has been contacted
many times by the design 6ngineer and Rockford, the general
contractor. City Electric has been working steadily ill tile
Underground Pump ttouse and has made good progress, blt. ltarold
Galliet and blt. Joe Marks visited tile site today and went over
some of the electrical problems with City Electric. There is a
good chance that this project will be completed this month
depending, of course, on the delivery of the generator.
~lemo
Page
March
MI SCEI,I,ANI-;OIIS ] 'l'lh~lS
After considerable alnount of work and time spent on tile Airport,
we have di. scovered three cable breaks on the Airport Lighting.
These three breaks have been temporarily spliced between the cans
above ground. Fortunatel)', this summer the Airport Paving
Project includes placing conduit between the lights.
Inlet Instruments has been looking at our stepping phases for
Airport Lights, its generator, and ~ts switch gear. The), will
come up with their engineering evaluation as far as what they
think we should do.
l~e have been having problems with our furnace at tile Airport
Terminal. I have been called out in tile middle of the night
and so has Howard concerning furnace problems. KUSCO ]las been
called in to look at the system and has done some work. We arc
taxing this furnace pretty heavily and some thought should be
given to a roof top hot air furnace for the Airport Terminal.
Maybe some work could be done on updating thc heating system
in connection with the possible Airport Terminal Renovation or
upcoming Arctic Door Project.
The Tope Study has been brought to the surface again. I have
sent out letters to sixteen prospective bidders concerning
this work. All proposals are asked to be in by March 28, 1979
at 2:00 p.m. llope~ully, at this time we will be able to award
the project.
In-talking with Guy Green of the STate DOT, it appears that the
State's ~illow Project is not anticipated to go out for advertisement
until June with a possible bid opening in late June or early July.
As you know, the construction season is relatively short in this
area and we do not want to be caught in a position of having
Willow Street torn up the following winter.
l~'e have been working on the cost for disposing of animals with our
Nitrogen Chamber. Approximate costs are: Estimate of about
$2 per animal for nitrogen. Estimate of about $6.25 per animal
for complete cost including disposal. Actual coot of $15 per animal
for individuals to turn in their animal for disposal. I suggest a
cost of $5 per animal for other municipalities to use tile Nitrogen
Chamber only with supervision by the Kenai Animal Control Officer.
This would not include transportation or final disposal. The
Soldotna Police Chief has been inquiri, ng about the costs and is
interested in using the Chamber.
Memo to John I~'ise
Page 4
~larch 1, 1979
CITY C REI~'S
Street Crews have been working on the following:
llauling snow fro,n Central lleights Subdivision
~laking equipment repairs
Sanding Airport and Streets
Repairing-Airport Lighting
Blowing snow of Airport Ramp
Stock piling sand
Plowing hack drifts on streets and Airport
Completing repairs on Airport l,ights
Completing Inventory
l~ater and Sewer Crews have been working on the following:
Checking Igelt llouses and Lift' Stations
Repairing IVater ~leter at the Car Il'ash
Locating curb stops
Turning water off in l~'oodland Subdivision
Repairing water leaks in Airport Terminal
Clearing fire hydrants
Completing Inventor),
Repairing l~'ater line at the IIigh School
Reading l~'ater ~leters
Collecting water bills
l~orking on water and sewer lines at Airport Terminal
Shop Crews have been working on the following:
Completing the welding of the Blade on t127, 966 goader
Replacing tank heater and starter drive, I~~ ~ S Pickup
Tuning Engine, shop pickup and Police Car
Repairing oil leak and tail and clearance lights, Fire Tanker
Repairing loose connection on ~laster Switch, Crash Truck
Replacing blade hydraulic hoses, 966 Loader
Completing Inventory
I
KK/jet
R~PLY TO
ATTENTION 0~:
NPAEN-PL-R
DEPARTMENT Of THE ARMY
ALASKA DISTRICT, CORPS OF ENGINEERS
P.O. BOX 7002
ANCHORAGE, ALASKA S0t)IO
1 MAR 1979
Mr. Oohn E. Wise
City Manager, City of Kenai
Box 580
Kenat, Alaska 99611
Dear :
! havV reviewed the existing Corps of Engineers reports concerning the
Kenai River as requested in your letter of 25 January lg7g. The most
recent navigation report, published in 1976, indicated that Federal
assistance for improvements at Kenat to either shallow-draft.or
deep-draft navigation were not warranted at that time. Let me briefly
present the key findings of that report, and inform you of some other
studies which may have an impact on the development of navigation facil-
ities at Kenat.
The improvements considered in the 1976 report ranged from a Sg million
half-tide'small boat basin to a $41 million full-tide facility with a
project depth of -15 feet mean lower low water. Based on Federal economic
evaluation criteria, benefit-cost ratios ranged from 0.4 to 0.02.
Benefit-cost ratios must be greater than 1.0 to Justify Federal expend-
itures for either construction or more detailed studies. Very high
annual dredging costs arising from littoral drift and sediment flow in
the Kenai River contributed materially to causing the low benefit-cost
ratios. Although economic benefits arising from a federal harbor improve-
ment at Kenai have undoubtedly increased in the last three years, construc-
tion and maintenance costs have also risen substantially. And, the
interest rate used in the economic evaluation of Federal water resources
projects has been increased from 6 1/8 to 6 7/8 percent. Considering
all these factors it is doubtful that the benefit-cost ratio for naviga-
tion improvements on the Kenai River has risen enough to justify a
Federally assisted pruject.
Several studies are currently underway which could provide information
relative to the need for future navigation improvements at Kenai. The
Kenai Borough is conducting Coastal Zone Management studies and a broad
NPA£N-PL-R
~r. dohn E. ~ise
scale deep-draft port study. We are conducting a comprehensive study
of deep-draft navigation in Southcentral Alaska and feasibility studies
for small boat harbor improvements at Seward and Homer. The Alaska Depart-
ment of Transportation and Public Facilities is scheduled to begin a
comprehensive transportation study for Central Alaska this year. The
Alaska Water StudyCommittee is conducting a comprehensive (Level B)
study to determine the best uses of Southcentral Alaska's Water Resources.
This study has just completed the task of projecting Southcentral Alaska's
economic and population growth. However, the Level B study is not currently
funded to consider navigation uses of the water resource.
Ongoing studies appear to be adequate to determine any change in the
need for a future deep-draft harbor at Kenai. However, our studies at
Homer and Seward and the public input to the Level B study indicate a
high growth rate in the number of small craft in Southcentral Alaska.
We are unaware of any comprehensive study addressing the need for addi-
tional facilities for these vessels. We recognize the increasing need
for harbor space in the Kenai area but based on existing economic
evaluations we are unable to Justify further Federal expenditures in the
interest of navigation at this time.
! regret that I could not be of greater assis{ance to you at this time.
If you have questions reguarding the information presented in this
.letter, please contact Mr. Carl Borash of our Planning Branch, at 752-3432.
Si ncerely,
· GE~TSON
_Co/l'.one. 1/'Corps of Engineers
/kq strict Engineer
DEPARtmenT. O1~ TRANiPORTATIO~
and PUBLI~ l~ACILITIE$
February 27, 1979
Project
Willow Street, Kenai
I11u~ination
Mr. John E. ~ise
City Manager
City of Kenai
P.O. Box 580
Kenai,.Alaska 99611
Dear ~r. ~lse:
In response to your request for inclusion of continuous
/-,.tllu~inat~on on the subject project, we have worked up an
'agreement for.reimburse~ent. A draft copy of the agreement
"~ is attached ~or your review and comments.
The estimated cost of construction is $135,000. Design
engineering could a~ount to another $5,000 for total costs
amounting to approximately $140,000.
The City's cost will be based on the actual bid for the
illmnination plus actual engineering costs.
If the format fo the agreement is approved, we will proceed
with the design and plan preparation for the illu~ination.
/ Guy ~. Greene, P.E.
Consultant Coordinator
Attachment as s~ated.
~A-T16LH
1979
liayox' Vinoe 0'Reilly
Oity of Iienai
1'.0. Box I;80
Kenai~ Alaska 99611
C
Dea~ llayox, O'Reilly:
Xt is with ranch regret that I must submit my resignation as a
membe~ of the City Council, due to health reasons. It will be
some time before I'm sufficiently able to devote the time and
energy to the Council, and an active member is needed now.
It has been vex-y g~atifying to have woPked with you, each Council
membePt and the administ~ation, who ell have been so positive
and olsa~lY dedicated to the betterment of Kenai. The~e has
been disagreement on occasions, but I feel this ia pa~t of the
democratic p~ooess and through this I have learned respect for
all of you because of you~ sincere attitude.
Xt has been a pleasure and privile§e to serve on this Council
fo~ the last three yea~s.
Dan A. Whelan
P. O. BOX 796. $OLDOTNA ALASKA 99669
Mr. John ~tse, City Manager
City of Kenal
Box $80
Kenai, Alaska
99611
Dear Sir;
This letter is a request for an adjustment in sewer and water
charges for the thirty one unit Cedar Apartments on Cook Avenue and
the Popping Zri Plax on Peninsula'Avenue.
.The Cedars is presently c~a~ff~d with four ~ea~d one hal~ inch~
meters with minimum rates of ~.8~each based dn2~,O00 gallons ot
usage. Since the meters were Ink--tailed the minimum usage has been
reached only on a few ocassions vhich indicates the I~' meters were
no~ necessary to begin with.
~omparrison, if the meters were one inch the minimum would
be ~[~,3~ each based on I0,000 gallons of usage which would be
aore~In~line 'in my case. . ·
The tri plex is charged a flat $$2.7& per month regardless of
any vacancy factor.
A per gallon o~ usaqe charge, regardles of the meter slz~ and
on non metered unlt~ a vacancy factor should be considered aa a
means of making the charges more equitable.
In view of the present economic situation which has created
a high vacancy fa:e, it is very urgent to have some action on this
situation,
DATE
:;~.~:E R~CE I VED,
Chris Stoehner 1/$/79
~OStanley Wilson 1/15/79
Jim Carter · ~/18/79
Mr. Buti£eld · , 1~19/79'
.M. iI fred Mast 1/23/79
Mrs. Oskolkoff
0
bfi'l ford Mast
Mrs. Hanko
Marilyn Newton
· 1/24/79
I)26/79 ·
1/Z6/7~ :
CITY OF KBNAI
CITIZEN PETITION MONTtlLY REPORT
DATE INVEST,
SERVICE R~qU~ST£D COMPLETED
I~tbrsection i~.Inlet View needs 1/5/79
~andin~, very slick..
~tty G~adcr kn~cke~ over his: .' 1/10/~9...'.:
~hite slime on toilet'and sink 1/15/79
.wants to know wha~ is in City
water.
Plowed sno~ berm a~ross f~ont ~f 1/~8/79
· entire parking lot so that can't
get in or out.
City cleared snow in fron~.o'f..bu~lding i/19/79
and knocked down.pole.'.Taxiways n~ed. " . ,.
to be cleared b~lter. .. ...
Can't get out o'f drive~ay because of 1/~/Tg-
snow piled up,.-
Grader knocked more sno~ tn her
driveway than across the street. .''
bankings are piled too'high.
· S~ow berm~ in driveway, p!ease'
remove.
{ater brown Sn.~o$or. -.
~eighbo~s d~v~way plowed but ~o~
hers. ·
DATE
CITIZEN
NOTIPISD
DEPARTNENTAL REPORT
Street sanded,
.Mail. box pu~ bac~ on po~t.
Aske~ to turn water on to ;
flush system.· Hydrants are
flushed during warmer ~eather.,' ·
City doe~ not clei~ berms. '
Not City equipment which did
clearing in 'front of building
but will clear.taxiways,
Ct~ does not clear berms.
· . liill look into hew thc snow is clea.re~k on. this street.
City dbes 'not clear°berms..;~
lCater is ~ested weekly af~d t::L.,
is found sanitary. · ".:[:~
_Operator backed into drivo ':'"
'~to turn around and put his : '.".
blade down o~ the way.:ou.t. "
Judy Kopl in
Donna Rogers
~Helen ~/ize
-0
Judy Adams
,Xlr. Louis
Judy Peterson
Delbert Nash
Bob Gamble
Anita Dietrich
George I~heeler
George Brown
Harold
Cockroft
,~Irs. l~.etco ff
Kim Howard
Velda Arthur
Hr. Starisky
Kathy Smith
Lie aargreve
DATE
R~,CEIVE0,
1/2/79
.I/3/79 ·
I/3/79
1/3/79
.i/5/79
.1/~/79
I/'11/79
1/15/.79
..
1/15/79
1/24/70
1/24/79.'
' 1/24/79
.1/25/79
1/29/79
1/29/79
1/29/79
CITY OF g]ZNAI
CITIZEN PETITION MONTHLY REPORT
Dogs
Lost
~ack
Lost
Dogs
SERVICE R£qU~TED
Mlising a Borde~.Collie/Samoyd
Eight dogs.bothering h~r little
· boy at the bus stop. Linwood. ·
Five or more loose'dogs, piease
pick up, Walker Lane. '
loose' in garbage, ~hompson Par~.
large male cat'.
of five dogs Redoubt Avenue.
Germ. Shep.-female .... '..
loose and tehring up'~rbag;..
~edoubt Terrace
'Dogs dumping garbage Walker Lane
Lost Lab, yellow, Central.'ltgts..
Pack. of 12 dogs lobse-Noo~land.
.Lo~t male collie a.nd Shep.
· . PLease pick up stray dog, "Lilac St.
Lost male husky]s'hep.
L~st Dog beagl, e~la.b mix' ''
Lost Germ. Shep.
Stray cat, please ~ick up.
L'os't Lab- l~ale.
DATE INVEST.
COHPL£TED
DATE
CITIZEN
NOTIFIED
Lost Dog Fil~. ·
Picked up cat',
.Lost Dog file.' ..
DEPARTMENTAL REPORT ,
Lost Dog File (on vacation)
until 15th
Contacted Hrs.'Rogers and will
· pat~o~ 'the a[ea. ~
Patro~ daily 'as time permits.
Patrol daily. :
Lost..ani~l file.' '
Patrol daily.
Lost Dog File.
Patrol the area~ '. ..
Parka1 the area d~il~.
Lost Dog. File. "
Patroled. ar.ea.·
Lost Oo~.~ile. " .~:'
Picked up dog. ~
Lost'dog file, claimed 26th. '~'.
Lost Dog ~ile. '.'-..
ANIMAL CONTROL REPORT
MONTH. I MPOb~DED p. ES.T. ROYED D.~. O · A ~.
January 42 44 9
ADOPTEr
0
22 - Left from December
6 - Carried to February
4 - Removed or escaped
CITY OF KENA!
¥
P. O. BOX S80 KENAI, AI. ASKA 9961
TELEPI(ONE 283 · 7~1S
CITY OF KENAI
INFORI~TION ON 1979 PROJECTS
Attached are samples of some of the forms and information sent
to utilities, architect/engineers, State agencies, and
Federal agencies on each of our projects.
TABLE OF CONTENTS
A.) Informational Project 'Spread Sheet ......... 1
B.) Utility Conflict Notification . · ..... 7.
Form is used to contact all utilitie; ;n~
Engineers and assure awareness of project.
C.) Project In£ormation No. ' <'_..'. . . . . . . 3
Form No. 1 is used to not~-l-i~-everY°ne
concerned o£ important dates o Bid date
and pre-bid date. " ,
Form No. 2 is used to complete informa.tion-
Notice of Award and Pre-Construction
meeting. ,:"
,:.;,'. '~" . '~ . , :.. . 4:
NOTIFICATION
CITY OF KENAI
P. O. BOX SI0 KENAI, ALASKA 9961!
gA~:
TO:
tiomer Electric Asso. CERTIFIED NO.
Glacier State Telephone, CERTIFIED NO.
£enai Uti!ity,Service Carp.CERTIFIED NO.
CERTIFIED NO.
SUBJ,F-CT:
Oentlcmen:
3he City of Kenai has awarded a design A/E contract
tO
for " ~'
on the above subject PKoject.
- P,ea.e he adv,.ed that t. ;;.e a.d ,ha, if o.
$_.re~intere~ted~'~ concerned about this project to contact the design engineer Y
lnere may be conflicts between your utilities and this improvement. If no co~aents
are made by tile utility company within 30 days after receiving the final plans,
it is nssmaed that there are no conflicts and any objections and/or possible claims
ate waivered.
D~rs . Please be advised.that all utility companies must be notified
~'~ork. Utilities should he properly located on the drawings and in
agreement ~ith each utility company. A cover letter and o set of preliminary
plans are to be sent by certified mail to each utility company as soon as they
ere completed. A copy of the letter is to be sent to the City of genai. The
letter is to ask the utility company for a complete review of the preliminary
plans with a reply requested within 30 days. After final plans and specifications
nrc complete, a full set of plans and specifications are to be sent to each
utility company by certified mail with a cover letter asking for a complete review
and a reply requested within 30 calendar days. If a reply is not received within
the $0 days~ the design engineer will assume that the utility company has reviewed
the plans and. seeciftcattons and has approved them relative to their utility
operations in t~e specified area. Failure of the utility company to reply bill
result in a waiver of all objections and possible claims. Copies of all
correspondence is to go to the City of £enai.
The Utility companies in the City of £enai are gUSC0 (gas],'Clacier State (telephone)
end ilomer ~lectric Association (power].
Utilities are to be ~tven due consideration in planning so that the formulation of
plans ~lll have the least impact on utilities but ~ill be consistent ~ith good
design.
Director of Public l~orks
Project Info. No.
OF KENAI
¥
f. O. SOX S$0 KENAI, ALASKA 99611
IELEPHONE 283 - 7S3S
DAT£:
TO: Homer Electric Assoc. CERTIFIED ~0.
_Glacier State Telephone
CERTIFIED NO.
~Kenai Utility Service Corp. CERTIFIED NO.
CERTIFIED NO.
SUBJECT:
The City o£ Kenai is going or hag gone out to bid o~t the above
subject project. The follo~int[ firms are or ~ill be involved on
the project. '" '' ....
~r~... ~ ' . t,,.? ~o · "
.,r,~-,. ,,[. ? -~, ~ ,j . -.-~'~
DESIGN ENGINEER: .... -' ~. ~ .,' ~- , ',, '."
CONSTRUCTION INSPEC.: ' -' :", ' -:'"
C~STR~CTIO~ CO~T~. :'" ~ .........
Info.at,on on ~bov~ Subjec~
Bid Opening Date: " ~ ~Pre~Bid ~ceting:
' "" ~"~'"~ ~Con~tr. Meeting:
Notice of Award: '.- ~ .. Pre
Please be advised that you have been notified through this letter
of inforaation and dates that could affect your utility or firm.
If there are any problems, conflicts, or comments concernini this
project~ please point them out immediatelyl Also, please take
special notice of the date flor the pre-bid meetin~ and make sure
all your comments come in ~ell before this date. I would
recommend attendance at the pre-bid and pre-construction ~eetints.
Sincerely,
KEITH KO~ELIS, Directbr
Department of Public Works ~
KK/jet *NKY means not known yet
NOTE: Form may be updated as in£ormation becomes available.
FOR APPROVAL
B & C Supply
The folloulng tt~ms are over 9500.00 which need Co,soil approval or ratification 3-7-79
ANO~tff~T · ~Sc~ZPTZO~ PROJ~CT/DEPT. ' ~/C C~GE
1,250.62 Flares Police Operating Sup.
)fis~. Supplies Shop Operating Sup.
His¢. Rmpair Sup. Shop
Chevron, USA
Doubleday Literary Guild
Dumaim Supply
~eomt Elsctr~
1,21&.&l
630.70
8~&.03
6~5.05
608.56
3,051.89
9.683.90
9,677.63
2,152o00
63~.9;*
107,76
170.18
Repair &Faint. Sup. 972,68
Gas Shop Operating Sup.
B~oka Library
Office Supplies Library
Repair-Run~ay Ll8htm Airport
Has ~rd ~ntal-~r~h City Clerk
" " " -Feb.& ~r. Ctty
Lights ~6S
Fusem Airport ~
~pa/r br~ tn
~u~ by 6r~ ~t. C.P. Air~t
Feb. ~m Umnge Various ~part~tm
Jan, ~ Usa~ Trot ~
J~. ~ U~ Trot 6 ~y
~iflt~flce ~ IN~ ~6S
2 Miss,Fret. 6 I~X. ~ti-~.*Str~ts
Feb. J~, Se~. PoiSe
1,214.;*I
~ooke 571.74
Office Supplies 58.96
Repsir &Faintenan~e 8~4,03
Rental 198.85
~1 ~6.20
~2,28
bpatr 6h~r~e 102.39
UcLXLci~ 2,856.94
~air 6~~ 194.9~
h Tmt 9,~3.90
In Trot 9,677.63
Yrof~s~l ~c~ 259.9~
" " 37S.~
~,0°
01213
01301.01288
01280, 01227
01219, 01237
01355,01;.26
01439,01;*;.0
01207,01223
01399,01368
01;.35
013~0
013&0
014;.4
13072
009;*9
01;,20
01353
0~85
13059
Peterkin DSstr ibutora
Yukon EquSpmant
Sears Roebuck
Evans Engine & Equipment
Alnak~ Sales & Service
FOR RATIFICATION
City of ~i-EDA From
Peninsula Enterprises
~e~ver Janitorial
Dept. of Revenue
AlJlkl ~micipsl FJployeea
511,02
309.18
532.52
79,902.00
6,$94,55
60,097.99
2,200.00
2,187.50
22,317.00
175,000,00
140,000.00
4,72&.00
7,652,00
Supplies Police
Food Supplies Jail
Repair Parts Shop
Fretsht Shop
Compressor V6S
Shelf Cart Jail
Hotor Grade: Airport
Fire Chief's Car Fire
Transfer of Funds
Sent-lfukluk Blds.-Nar,
Feb, Jan. Serv.
Feb, Fed,
Cert. of De~o-2/26/79
REFO-311179
Feb. State
Credit Union M/Il
Central Treasury
Anti-sec,-Streets
Airport Terminal
TCD
Central Treasury
~ensrel Fund
Mc c~ ~ou~T
operating Sup, 64.70
Operatins Sup. 446.32
Repair & J~aint, Sup, 1,092,11
Transportation 217.O7
hchtnsry 6 Equipment 466°36
Sm. Tools & ~tnor Eq. 66.16
Saehinery & ~u~c 79,902.~
~hine~ 6 ~ul~C 6,394.55
Trinafer of Funds 60,097.99
l~nt~l 2,200.00
Professional Services 2,187.50
Liability 22,317.00
Central Treasury
Central Treasury l~0,000.00
Limbility 4,724.00
Gel~eraX Fu~d LtmbllJty 7,6~2.00
01366
01359,01~28
01389,01&18
01425
01389,01418
01156
ollg~
00~$~
00~0~
00692
13055
.V~IDOR
Bowman Diet.
Kenai Nell Travel
Alaska Husky
Dunanle Electric
RE~UISITIONS TO BE APPROVED (OVER $500.00)
D~SCRZPTZO~, ,, DEPAR~N~ ,
Suppliea Shop
Cl~Nanagement Supv,
Course for Fire Chief Airport Land Adze
Batteries for Standby
Generator Alrport H&O
Repair on airport
ltshtin8 Atrpor~ 1~0
3/7/79
A~COUNT
Oper, Sup,
Transportation
Rep. & hint. Sup.
Repair & hint.
A~OL~T
1,929.77
561.52
901.00
1,193.18