HomeMy WebLinkAbout1980-08-20 Council PacketKenai City Council
Meeting Packet
August 20, 1980
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AGENDA
(� KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 20, 1980
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. PUBLIC HEARINGS���,
Ordinance Xref--80 - Amending Kenai Municipal
Code to Change Date for Fixing Tax Levy
�. Ordinance 599-80 - Increasing Rev/Appns, Special
Revenue Fund, Senior Citizen Grant - $4000
Ordinance 600-80 - Amending Kenai Municipal
Code to Comply with Terms of Federal and
State Grants
V"4. Ordinance 601-80 - Amending Kenai Municipal
Code Establishing Fire Zones and Providing
Enforcement
Ordinance 602-80 - Increasing Rev/Appns,
Senior Citizens Project, Salvation Army
Donation - $2,675
6. Gate 54 Parking
� C. PERSONS PRESENT SCHEDULED TO BE HEARD
1. Ruth Johnson, Kenai Native Association -
Rental of Ft. Kenay
D. MINUTES
1. Minutes, Regular Meeting, August 6, 1980
E. CORRESPONDENCE
F. OLD BUSINr,ESS
a ! - 4 c4K:ovt �4 osr _
G. NEW BUSINESS
n �1. ✓' Bills to be Paid, Bills to be Ratified
a.�---2.,,- Requisitions Exceeding $1,000
c,T. Ordinance 604-80 - Increasing Rev/Appns,
Capital Improvement Special Revenue Fund,
Pay Taxes on Foreclosed Properties - $437
✓4. Ordinance 605-80 - Increasing Rev/Appns,
Sewer Treatment Plant Construction - $1,145,265;
Establishing New Dept. "Sewer Interceptor"
A. Ordinance 606-80 - Increasing Rev/Appns,
State Jail Contract, Returning Unused Funds
to State - $5,000
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Ordinance 607-80 - Increasing Rev/Appns,
General Fund Budget, State Grant to Purchase
Video Equipment, Fire Dept. - $1,500
7. Resolution 80-126 - Adopting Minority Business
Enterprise Policy
��k/-S. Resolution 80-135 - Establishing All Alaska.
Banks as Permissable Depositories for Municipal
Bonds
9. Cancellation of Lease - Cook Inlet Industrial
Air Park, Browning/Henry
10. Lease, Airport Lands - Glacier State Telephone
11. Lease, Airport Lands - Tesoro Alaska Petroleum
Corp.
12. Lease, Airport Lands - Hertz Rent-A-Car
*13. Ratificattgn of Telephone Poll - Transfer of
Funds fo4Molicitation of Minority Business
Enterprises
/14. Carmen Gintoli, Architect - Fort Kenay Ceramic
Studio Addition - $500
✓15. Timberline Industries - Fort Kenay Ceramic
Studio Addition - $49,990
16. Brown & Assoc. - Sewer Treatment Plant Expansion -
$221,717
17. Assignment of Lease - Alaska Car & Truck Rental,
Inc. to The Car Co.
H. REPORTS
1. City Manager
2. City Attorney
3. 4. City
yClerk `eaJ( 9-1 ?
S. Finance Director
6. Planning & Zoning
7. Kenai Borough Assembly
8. Harbor Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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CITY OF KENAI
ORDINANCE NO. 598-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
KMC 7.25.010(d) TO CHANGE DATE FOR ADOPTION OF BUDGET AND
APPROPRIATION ORDINANCE AND TO SET A DATE FOR FIXING THE TAX
LEVY.
WHEREAS, the Kenai Municipal Code at this time provides for
adoption of the budget ordinance and appropriation for the fiscal
year not less than 10 days prior to the end of the previous
fiscal year, and
WHEREAS, the rate of levy of tax for the succeeding fiscal year
cannot be fixed until the budget ordinance has been adopted, and
WHEREAS, AS 29.53.400 requires that the Council shall by June 15
of each year present to the Borough Assembly a statement of the
City's levy for the following fiscal year, and
WHEREAS, the date for adoption of the budget and appropriation
ordinance should be advanced so that there will be ample time to
make such presentation of the rate of taxy levy to the Assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKAs
Section 1= That KMC 7.25.010(d) is hereby amended as follows:
"(d) After the public hearing and not later (LESS)
than Mm 10th day[S) of June (PRIOR TO THE END OF THE
FISCAL YEAR), the Council shall, by ordinance, adopt a
budget for the following fiscal year and make an
appropriation of the money needed therefor, and shall.
by Resolution, fix the rate of levy of tax in
accordance with KMC 7,05,010 2."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day
of August, 1980.
VINCENT O'REILLY, MAYOR
jf ATTEST:
Janet Whelan, City Clerk
First Reading: August 6, 1980
.,� Second Readings August 20, 1980
Effective Date: September 20, 1980
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CITY OF KENAI
ORDINANCE N0. 599-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,000 IN THE
SPECIAL REVENUE FUND ENTITLED "KENAI BOROUGH SENIOR CITIZEN
GRANT."
WHEREAS, the City of Soldotna has donated $4,000 to the City of
Kenai to be used for Kenai Senior Citizen Program, Transportation
costs, and
WHEREAS, the Senior Citizen coordinator desires that the money be
used to help pay for a new senior citizen van.
WHEREAS, proper accounting practices require that all
appropriations of city monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA# that the following increases in estimated revenues
and appropriations in the special revenue fund entitled "Kenai
Borough Senior Citizen Grant" be increased as follows:
Increase Estimated Revenues:
Miscellaneous Donations 4.000
Increase Appropriations:
Machinery & Equipment $4,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Gth day
of August, 1980.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: August 6, 1980
Second Readings August 20, 1980
Effective Date: August 20, 1980
Approved by Finance: Cti Al.
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CITY OF KENAI
ORDINANCE NO. 600-80
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
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AMENDING KMC 7.15.040 TO COMPLY WITH TERMS OF FEDERAL AND STATE
GRANTS. e
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WHEREAS, 49 CPR Part 23 requires that in order to obtain funding t
from Department of Transportation or any of its constituent i
agencies for assistance in construction of projects, recipients
must make special provisions, and require contractors and
subcontractors to make special provisions, to solicit and obtain
participation in such projects by Minority Business Enterprises,
and
WHEREAS, such required provisions may require awards to other
than the lowest responsible bidders for such projects or for sub-
contracted portions of such projects. _
NOW, THEREFORE, BE IT ORDAINED BY THE•COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1. That KMC 7.15.040 is hereby amended as follows:
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7.15.040 omnatitive Bidding• JAI Before an y purchase of,
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or contract for, supplies, materials, equipment, or contractual
services are made, except as otherwise provided in the next
section, the City purchasing authority shall submit to at least 3
persons, firms, or corporations dealing in and able to supply the
same, or to a smaller number if there are not 3 dealing in and
able to supply the same, a request for quotation (or invitation
to bid) and specifications to give them opportunity to bid;
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and/or publish notice of the proposed purchase in a newspaper of
general circulation within the City.
JbI He shall favor a person, firm, or corporation in the
City when this can be done without additional cost to the City
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but he shall submit requests for quotation to those outside the
City when this may be necessary to secure bids or to create
competitive conditions, or when he thinks that by so doing he can
make a saving for the City and shall purchase from them when he
can make a saving for the City. i
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Ic1 Whorasuch purchases are to be made from w+orlaral nr
State grant funds, any and all —conditions, provisions, or - ---
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"I All bids shall be sealed and shall be opened in public
at a designated time and place.
LaL He may repeatedly reject all bids and again may submit
to the same or other persons, firms, or corporations the request
for quotation (or invitation to bid) and/or again publish notice
of the proposed purchase.
He shall purchase from the bidder whose bid is most
advantageous to the City, considering price, quality, date of
delivery, etc.1 and, in the case of a tie, may purchase from one
of those tying or may divide the purchase among those tying,
always accepting the bid or bids most advantageous to the City.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# this 20th day
of August, 1980.
vINCENT O'REILLY, MAYOR
ATTESTS
Janet Whelan, City Clerk
0
First Reading: August 61 1980
Second Reading: August 20, 1980
Effective Dats: September 20, 1980
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CITY OF KENAI
ORDINANCE NO. 601-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 13.30 TO ADD SECTIONS ESTABLISHING FIRE ZONES AND
PROVIDING FOR ENFORCEMENT THEREOF.
WHEREAS, representatives of the Kenai Mail Shopping Center and
Kenai Mall Merchants have requested enforcement of a fire lane in
front of said mall, and
WHEREAS, the City presently has no ordinance providing for
enforcement of such fire lane or non -parking on private property,
and
WHEREAS, it is deemed advisable to establish methods for
designation of such fire lanes and enforcement thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as followss
Section is That KMC 13.30 is hereby amended by adding a new
section to be numbered 13.30.110 which shall read as follows:
013.30.110(a) In addition to any prohibitions against
- stopping, standing, and parking contained in 13 AAC 02.340 - 377,
it is unlawful for any vehicle to stop, stand, or park in an area
designated herein as a fire lane whether such area is on public
or private property and whether or not such area is contained
within the confines of a street, avenue, road way, drive, or
other space designed for traffic.
(b) The following areas within the City of Kenai are hereby
established and designated as fire lanes:
(1) Those areas between the curb lines in front of the
Kenai Mall Shopping Center as extended from Main Street
on the west to Willow Street on the east including.all
that portion of Attla Way lying west of Willow Street;
(c) This section may be enforced:
(1) By issuance of a Uniform Traffic Citation by a
City policeman or City fireman or by issuance of a
formal complaint by a City policeman, City fireman, ox
any other citizen of the City; or
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(2) By a policeman, fireman, or an owner or lessee of
the private property on which the offense occurs having
such offending vehicle removed and towed away by the
nearest available commercial towing service authorized
by the Alaska Transportation Commission to impound
vehicles, and cars so towed away for such illegal
parking shall be restored to the owner or operator only on
payment of the regular fees established for such towing
service and impoundment by the Alaska Transportation
Commissionf or
(3) By both issuance of a uniform traffic citation and
removal and impoundment.
(d) The owner, as well as the operator, of a vehicle parked
in violation of this section, shall be held liable therefor
unless the vehicle was previously reported stolen, or unless said
owner can prove that at the time of the violation the vehicle was
being operated without his consent. Even in the event that such
vehicle was stolen or being operated without consent of the
owner, the owner will not be excused thereby from paying the
established fees for towing and impounding said vehicle in the
event that it is towed away from a fire lane area as set forth
herein.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of August, 1980.
ATTEST:
Janet Whelan, City Clerk
VINCENT O'REILLY, MAYOR
First Reading: August 6, 1980
Second Reading: August 20, 1980
Effective Dates September 20, 1980
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TO: William Brighton, City Manager
FROM: Richard Ross, Chief of. Police
SUBJECr: Ordinance 601-80
RE: FIRE ZONE ENFORCDOO
DATE: August 11, 1980
As I will be on annual leave on August 20, 1980 when this ordinance
owes up for public hearing, I would submit the following comments
for your consideration:
1. The proposed ordinance provides for three possible methods of
enforcement (UTC, impound, or UPC and impound). In practice the
discretionary use of these alternatives in individual cases would not
be appropriate or practical, and if practiced would no doubt lead to
claims of unequal treatment. It is sulmitted that fire lane violations
are not generally a matter of extenuating circumstances or variables
that require a discretionary enforcement judgment on the part of
enforcement personnel. My reccomendations on possible enforcement
actions are as follows:
a. The ordinance provide, for a specific enforcement action -
issuance of a UTC or impound. The pros and con's of time involved,
liability, etc., have been well discussed and a decision should be
made. I would re=m end against both the issuance of a UTC and im-
pound as an enforcement method (13.30.110 (c)(3), Unless council
is fully aware of the total financial penalty exposure of the vio-
lator. This would be Upound fees plus a $100.00 fine (13.30.100).
b. Alternatively, if the council elects to provide for a choice of
enforcement actions, only one enforcement method should be in prac-
tice at any given time. The administration would select one method
to be used and as a matter of policy only this method would be used
in general practice. The method would then be subject to evaluation
as to effectiveness in obtaining optimum voluntary compliance, lia-
bility exposure of the city and cost to the city in enforcement, ad-
ministration and court time. If after evaluation it was deemed nec-
essary another enforcement method could be selected for implementa-
tion.
2. The ordinance as proposed seems to be deficient in providing for
appropriate notice of the violation zone to the public. The ordinance
should require that in order for enforcement action to take place that
there be regulatory signing posted at appropriate intervals within the
violation zone. Unless covered elsewhere at present, the ordinance
should also set the requirements for type, size, and language of such
regulatory signing. Unless the City is to assume the responsibility
.for such signing, the ordinance should specify such responsibilities.
3. If the ordinance is passed in its present form the broad delegation
of enforcement authority is an issue the administration will have to
address. Policy should be developed so that all parties named in 13.30.
110 (c)(1-3) are fully aware of their role, where primary responsibility
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lies, and under what circumstances each one would be expected to act. i
At present I believe the City Council has received sufficient information on all as-
pects of this question to make a public policy decision. If it is the mandate of
the Council and administration that the Police Department be the primary agency re-
sponsible for fire lane enforcement, I would request that the ordinance effective
date be subssquient to September 20th, this is necessary so that present approved leaves
will not have to be modified in order to provide consistent, continual enforcement at
the outset. Even with that consideration overtime is anticipated in the initial two
week effort. Zhe type of continuing enforcement (random patrol, continual patrol,
call response only) will be determined based on the degree of voluntary public cot-
pliance after this two week period. Impact on present service delivery and need to
re-evaluate present priorities of service delivery will be contigent on the enforce- i
ment method selected. It is believed there will be a decrease in delivery of present
servicew based upon adding of this highly visible enforcement responsibility. The
extent of this decrease will determine to what extent present priorities will be
modified.
Unless otherwise requested by yourself, I will continue with my long standing annual
leave plans and will be out of tam foam the 18th through the 29th of August.
Chief of Police
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KENAI FIRE DEPARTMENT
CITY OF KENAI
BOX 598 • KENAI, ALASKA 99611
August 7, 1980
PIflL CNIL/
TO: William Brighton, City Manager
FROM:. W. A. Winston, Fire Chief
SUBJECT: Ordinance 601-80
Although I.understand the intent and purpose of Ordinance 601-80 establishing
Fire Zones and providing the City a legal means of enforcing controlled parking =
in the Malt, I must object to the authorization of Fire Department personnel
issuing citations or having offending vehicles towed away. Both moving and i
standing traffic violations have always been police operations and should re-
main police operations; I simply do not think that firemen have any business
out on the street issuing parking tickets.
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Chief Ross has told Council repeatedly that the Police Department does not have
the manpower nor the time to spend on tow priority traffic violations; the man-
agement of Carr's Mall has told Council that all of their attempts to enforce the -
Fire Lanes have failed and they will no longer make the attempt --this leaves the
Fire Department to do the job and I object to making the Fire Department the
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scape-goat.
I also must object to singling out one specific section of town to restrict
parking in front of fire hydrants but leaving the rest of the City with blocked
access to buildings and hydrants. If we are going to clean up our parking
ordinances, let's do it right and cover them all. If this will require a full
time parking patrolman, then I think we should hire one.
As far as fire safety is concerned, a vehicle blocking access to a fire hydrant
is just as much of a hazzard with or without a citation on the window.
Respectfully,
W.
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cc: Chief Ross -
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CITY OF KENAI
ORDINANCE NO. 602-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE KENAI
SENIOR CITIZENS PROJECT FY 1980-81 BY $2,675 IN RECOGNITION OF A
DONATION FROM THE SALVATION ARMY.
WHEREAS, the Salvation Army has donated $2,674.91 to the City of
Kenai to be used as matching funds•in the purchase of a senior
citizen van, with the remaining costs to be financed by the Urban
Ma$$ Transit Administration, and
WHEREAS, proper accounting practices require that all
appropriations of monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations in the
Kenai Senior Citizen Project FY 1980-81 be increased as follows:
Increase Estimated Revenues:
Miscellaneous Donations S2.675
Increase Appropriations:
Social Services - Machinery
and Equipment $2.675
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PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of August, 1980.
VINCENT O'REILLY, MAYOR
ATTESTS � .
Janet Whelan, City Clerk
First Reading: August 6, 1980
Second Reading: August 20, 1980
Effective Dates August 20, 1980
Approved by Finance
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CITY OF KENAI
„ad eat 4 4"
_ P. 0. BOX NO K/NA). ALASKA 99611
TELEPHONE 293 • 7555
August 19, 1980
M-E-M-O-R-A-N-D-U-M
To: Mayor 'Vince O'Reilly and, the Kenai City Co ncil
•From: Jim Swalley, Airport Operations Manager
Re: Airport Parking
Attached is a revised parking proposal, which is a result of a meeting
with Terminal tenants most concerned with airport parking. Those in
attendance were:
FAA - Eimer Knight Gate 54 - Rich Kochanuski
FAA - Jim Carew Hertz - Malcolm McGuire
Avis - Rolf K1ug National - Beverly Wilder
Dollar - Ed Ambarian
Strong mention %vas made to the economics involved to the Airport and
community. The Airport Terminal fund received $31,362 in FY 79-80 based
on the 10% of gross of car rentals. Community benefits are: approxi-
mately 12 employees, gasoline sales, vehicle maintenance, other dollars
spent with local merchants, hotels, motels, cafes, etc.
Other benefits of this plan are better control and flow of traffic and
possible easing of congestion on Loop Drive in front of the Terminal.
This plan was presented to the Planning a Zoning Commission on August 13,
for discussion. It met with general approval, the only objection - raised
by one Commissioner - was the placing of rental car parking nearer the
Terminal than public parking.
Estimated Cost: $30,000.
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AGENDA V
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CITY OF KENAI COUNCIL MEETING
AUGUST 61 1980
V
PLEDGE OF ALLEGIANCE
A.
ROLL CALL
AGENDA APPROVAL
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B.
PUBLIC HEARINGS
1. Ordinance 593-80 - Amending Kenai Municipal
Code to Allow Operation of Vehicles in Prohib-
ited Area for Work on Sewage Treatment Plant
2. Ordinance 594-80 - Purchase of Microfilm for
City Departments - $16,000
3. Ordinance 595-80 - Increasing Rev/Appns -
Capital Project Fund - Frontage Rd. - $712,000
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4. Ordinance 596-80 - Increasing Rev/Appns -
Capital Project Fund - Bidarka, Barnacle,
Caviar, Redoubt, Fidalgo Streets - $1,040,000
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
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D.
MINUTES
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1. Minutes of Regular Meeting - July 16, 1980
2. Minutes of Special. Meeting - July 24, 1980
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CORRESPONDENCE
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1. R. Shumway, Alaska Dept. of Transportation &
Public Facilities - Local Service Roads &
Trails Program
F.
OLD BUSINESS
1. Hockey Arena - City of Soldotna
* 2. Carr's Parkinq Lot
* 3. Ray Cason Lease
* 4. Gerald Wasson Lease
* 5. Gate 54 Parking Problem
6. Administrative Coordinator Contract Award to
Gary Davis
G.
NEW BUSINESS
1. Bills to Be Paid, Bills to Be Ratified
2. Requisitions Exceeding $1,000
3. Ordinance 598-80 - Amending Kenai Municipal Code
to Change Date for Fixing Tax Levy
4. Ordinance 599-80 -Increasing Rev/Appns - Special
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Revenue Fund - Senior Citizen Grant - $4,000
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5. Ordinance 600-80 - Amending Kenai Municipal
Code to Comply with Terms of Federal & State
Grants
6. Ordinance 601-80 - Amending Kenai Municipal,
Code Establishing Fire Zones and Providing
Erforcement
7. Ordinance 602-80 - Increasing Rev/Appns -
Senior Citizens Project - Salvation Army Donation -
$2, 675
S. Ordinance 603-80 - Increasing Rev/Appns -
Capital Project Fund - Airport Electric Improve-
ments - $786,495
9. Resolution 80-123 - Awarding Contract to Wince,
Corthell, Bryson & Freas, Engineering Services
Airport Lighting & Standby Generation - $30,000
10. Resolution 80-126 - Adopting Minority Business
Enterprise Policy
11. Resolution 80-127 - Awarding Contract - Penin-
sula Roofing - Roof Over Fire Apparatus Room -
$2, 925
12. Resolution 80-128 - Transfer of Funds - Gen-
eral Fund Budget - Maintenance Agreement &
Misc. Repairs, Animal Control - $200
13. Resolution 80-129 - Transfer of Funds - Gen-
eral Fund Budget - Pump Out Restrooms in
Parks - $50
14. Resolution 80-130 - Transfer of Funds - Harbor
C Study Capital Project - Extend Administrative
Coordinator Contract for 60 Days - $3,600
15. Resolution 80-131 - Awarding Contract for Con-
struction of Interceptor Line & Sewage Pump
Stations
16. Resolution 80-132 - Awarding Contract - Construct-
ion of Fidalgo Subdivision Street Improvements
17. Resolution 80-133 - Awarding Contract - Engin-
eering Services - Peninsula Engineering - Fidalgo
Subdivision Street Improvements - $72,740
18. Resolution 80-134 - Authorizing Bill Brighton
and/or Keith Kornelis to Sign for EPA Grants
for Interceptor & Sewage Pump Stations
19. Special Use Permit - Glacier State Telephone
20. Special Use Permit - Property World, Inc.
21. Lease Amendment - Andy's Flying Service,
Change to SouthCentral Air, Inc.
22. Lease Amendment - Andy's Flying Service,
Change to SouthCentral Air, Inc.
23. Lease Amendment - Andy's Flying Service,
Change to SouthCentral Air, Inc.
24. Lease Amendment - U.S. Fish & Wildlife
25. Lease Amendment - Robt. Britt to James
Carter Sr., Lease Rate Change
26. Airport Lands Lease - Raven Transit
27. CH2M Hill - Sewer Treatment Plant Services
During Construction
28. CH2M Hill - Sewage Projects Design - $17,055
29. USKH - Soils Conservation Contract - $10,137
30. Peninsula Engineering - Fidalgo Improvement
Project - $3,753.92
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31. Partial Payment - Alaska Boiler
& Heat Exchange -
Lube Facility & Shop Building Addition -
$43, 300
32. OMNI North - City Administration
Building -
$95, 780
33. Support of Cultural Facility on
October
Ballot
34. Temporary Office Space - Harbor
Commission
►
35. Secretary - Harbor Commission
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-
H. REPORTS
1. City Manager
{
2. City Attorney
3. Mayor
• • 4. City Clerk
S. Finance Director
6. Planning & Zoning
7. Kenai Borough Assembly
S. Harbor Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE
HEARD ,
ADJOURNMENT
* See Packet June 18, 1980
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.. I
KENAI CITY COUNCIL - REGULAR MEETING, MINUTES
AUGUST 6, 1980 - 7:00 PM
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Ron Malston, Jess Hall, Dick Mueller,
Vince O'Reilly, Ed Ambarian, Ray Measles,
Betty Glick
Absents None
0.
AGENDA APPROVAL
Mayor O'Reilly asked for the addition of Ordinance
590-80 after G-2.
Mayor O'Reilly asked F-3 and F-4 be deleted.
Council agreed to the changes.
B. PUBLIC HEARINGS
B-1 Ordinance 593-80 - Amending Kenai Municipal Code
C to Allow Operation of Vehicles in Prohibited Area �.
for Work on Sewage Treatment Plant _
MOTION:
Councilman Measles moved, seconded by Councilman
Mueller, to approve the ordinance.
Councilman Mueller noted the amendments made to
the ordinance at the last meeting had not been added
to the ordinance. Also, he was down to the site,
and observed a pick-up truck loading equipment through
the personnel gate. Councilwoman Glick asked were
they without permission. City Manager Brighton said
yes. Councilman Measles noted as long as they are
walking, it is okay, but vehicles are not okay.
Gordon Nicholson, of CH2M Hill spoke. He said to
his knowledge, there has been no loading on the hill.
He asked if it was a construction vehicle. Council-
man Mueller replied he did not know. Mr. Nicholson
said the contractors still wish to have to -have -the
option to use that as an access area.
Councilwoman Glick said if the permit is given, she
would like to have the City Manager require it to be
put in its original condition upon completion. Mr.
Brighton noted the contract says "shall," not "may."
Councilwoman Glick asked, at the cost of the contractor,'
not the City? Mr. Brighton replied that was his
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 2
understanding. Councilman Mueller said he had re-
viewed the minutes and noted page 2, lines 1 & 2,
"may require bond." was not changed.
MOTION:
Councilwoman Glick moved, seconded by Councilman
Mueller, to amend the ordinance to read "shall"
instead of "may" on page 2. The reason is because
of past experience.
•Mr. Brighton said the contract calls for 10% retain -
age. At the size of the contract, it will still
leave $100,000 to hold over his head, to return it
to its original condition without the bond situation.
Councilwoman Glick said that is on one specific job.
The contract says "or on utility facilities," which
means not only now but sometime down the road. This
will cover that. Mr. Brighton noted that was the
purpose of "may." Then the City Manager has the
right to get the public utilities to put up a bond.
VOTE, Amendments
Motion failed, with Councilmam Ambarian, Mayor O'
Reilly, Councilwoman Glick voting yes; Councilmen
Malston, Hall, Mueller, Measles voting no.
VOTE, Main Motions
Motion passed, with Councilmen Hall, Mueller, Ambarian,
Measles, Mayor O'Reilly voting yes, Councilman
Malston, Councilwoman Glick voting no.
B-2 Ordinance 594-80 - Purchase of Microfilm for City
Departments - $16,000
MOTION:
Councilman Mueller moved, seconded by Councilman
Malston, to approve the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
B-3 Ordinance 595-80 - Increasing Rev/Appns - Capital
Project Fund - Frontage Rd. - $712,000
MOTION:
Councilwoman Glick moved, seconded by Councilman
Malston, to approve the ordinance.
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 3
There was no public comment.
Motion passed unanimously by roll call vote.
B-4 Ordinance 596-80 - Increasing Rev/Appns - Capital
Project Fund - Bidarka, Barnacle, Caviar, Redoubt,
Fidalgo Streets - $1,040,000
MOTIONS
-Councilman Malston moved, seconded by Councilwoman
Glick, to approve the ordinance.
There was no public comment.
Councilwoman Glick asked Public Works Director
Kornelis, regarding the streets, will they match
up to Willow Street? Mr. Kornelis replied a set
of designs was given to the engineer. He explained_
that later on in the meeting, they will be discussing
the bids, they are considerably lower. Finance
Director Brown said resolution 80-133 awards the
inspection. The ordinance, when drafted, listed
the award as $50,000, the award is actually $72,000.
- He would like to wait till resolution 80-133 is
passed. Councilman Ambarian asked Mr. Brown, since
we have $90,000 contingency, can we go with the
money we have? Mr. Brown replied yes, that will
avoid a transfer of funds. Mr. Kornelis said con-
struction could start Monday (Aug. 11, 1980). He
would like to have an inspector on the job.
Council agreed unanimously to wait until G-17 was
voted on.
E 1 'C. PERSONS PRESENT SCHEDULED TO BE HEARD
None
D. MINUTES
D-1 Minutes of Regular Meeting - July 16, 1980
Councilman Mueller noted on page 17, paragraph
l 5, line 7, "Argus" Trucking should be changed to
"Harley's" Trucking.
i Correction was approved by Council.
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KENAI CITY COUNCIL
AUGUST
6, 1980
Page
4
Cap
Councilman Malston noted that more than one
second was listed in motions. There should be
only one. Clerk Whelan asked how was she to
choose when there was more than one second?
Mayor O'Reilly said he would select the one to
list.
D-2
Minutes of Special Meeting - July 24, 1980
Minutes were approved as submitted.
E.
CORRESPONDENCE
•R.
E-1
Shumway, Alaska Dept. of Transportation &
Public Facilities - Local Service Roads & Trails
Program
Mr. Kornelis referred to the 2nd paragraph. He
would like to see this referred to the Public Works
Committee and the Planning & Zoning Commission.
He explained they have the Comprehensive Plan as
a guide. They have spent all funds available for
the lights on Willow Street. This is for the next
"round." Councilwoman Glick noted Planning & Zoning
will meet next week (8-12-80), she would suggest
Mr. Kornelis come to the meeting with the infor-
mation. Mayor O'Reilly noted Mr. Kornelis will
be on vacation, but the new engineer will be avail-
able. He_also noted they have to do:
1. This (referring to the Local Roads &
Trails Funds)
2. Federal Revenue Sharing
3. Capital Improvement Projects & Budget
F.
OLD BUSINESS
F-1
Hockey Arena - City of Soldotna
Councilwoman Glick said the Public Works Committee
has had no word from Mr. Gehrke. Mayor O'Reilly
requested this item be removed from the agenda until
we hear from the City of Soldotna.
F-2
Carr's Parking Lot
Councilwoman Glick noted Item G-6 on the agenda
will cover this.
F-6
Administrative Coordinator Contract Award to
Gary Davis.
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 5
Mayor O'Reilly requested this item be put under
Ordinance 590-80, after G-2 on the agenda.
Council agreed.
F-5 Gate 54 Parking Problems
This item was missed from the agenda in error.
Councilwoman Glick said the Public Works Committee
had had a meeting this evening (8-6-80). Airport
-Manager Swalley and Mr. Kornelis have worked up a
schedule that shows the current status. The Pub-
lic Works Committee suggested expansion to 200 feet.
The sketch will be shown to all lessees. At the
next Council meeting, they have asked for a public
hearing. She explained Mr. Kornelis has said Gate
54 parking and car rental parking will be done now,
terminal parking will be done later. Mayor O'Reilly
asked when will the car rental go into effect?
Councilwoman Glick replied, this Fall. Mayor O'Reilly
• asked what about the funds? Councilwoman Glick
replied Mr. Swalley had said there's a possibility
' of using the money put into the airport fund for
(. purchase of the shop building. She said Mr. Swalley
will check. Mayor O'Reilly asked what is the cost?
Mr. Kornel s replied the gravel is $5,500, fencing
�• is 8 to lrfeet, it will be close to $10,000. We
will use City crews, the City crews are busy now,
but they will do it. Councilman Hall asked if that
would include plug -ins, Mr. Kornelis replied no.
Mayor O'Reilly asked, isn't there a jet fueling
problem? Mr. Kornelis replied that will have to be
barricaded off. It is barricaded now, it will have
to have reinforcement. Mayor O'Reilly asked if
there will be a resolution. Councilwoman Glick
said yes, the sketch will be given to the airport
people before the next meeting.
j G. NEW BUSINESS
- — G-1 Bills to be Paid, Bills to be Ratified
--- MOTION:
Councilman Measles moved, seconded by Councilman
Mueller, to approve the bills.
Motion passed unanimously by roll call vote.
G-2 Requisitions Exceeding $1,000
MOTION: � r`
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 6
Councilman Measles moved, seconded by Councilman
Hall, to approve the requisitions.
Finance Director Brown said Recreation Director
McGillivray has asked for $25,000 to be added
for Wards Landscaping for dirt work on the soft-
ball fields, and $1,500 for replatting Frontage
Road.
Councilman Measles, with approval of second, amended
the motion to add the two listed items.
Motion passed unanimously by roll call vote.
Ordinance 590-80 - Amending KMC to Establish a New Position
Entitled "Administrative Coordinator"
MOTIONS
Councilwoman Glick moved, seconded by Councilman
Malston, to take the ordinance from the table.
Motion passed, with Councilman Ambarian voting no.
MOTIONS
Councilwoman Glick moved, seconded by Councilman
Measles, to adopt the ordinance.
Councilwoman Glick said she is going to vote
against the ordinance, per request of the Harbor
Commission. This is a City employee, the City does
not wish to hire any new employees. The Council
would like to have one contract for a specific
period of time. It would alleviate the problems
at City Halls
1. Secretarial service is tied up, but he
could hire his own.
2. We could use the $500,000 grant funds
3. We have an $80,000-$20,000 grant applied
for. We could hire out of those funds.
Mayor O'Reilly confirmed her thought is to continue
Administrative support but in a different manner?
Councilwoman Glick replied that is correct. Mayor
O'Reilly said he believes the grant is 56-11 percent.
He further stated that defeat of the ordinance does
not indicate a lessening of support of the Harbor
Commission. Councilman Hall said he did not know
there was that much activity. Harbor Commission
. .-
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 7
Member Williams spoke. He explained action is
rapidly getting to the point where this is needed.
The Harbor Commission has its own funds, they would
not be using City funds. They have submitted to
19 firms, and will submit to 5 more, they would
plan on having the schematics, etc. ready for sub-
mittal to the Legislature at the next session.
Mayor O'Reilly asked Mr. Williams, if the City goes
this route in the contract, the secretarial service
is provided, and there's no loss of continuity, does
he see a problem in goint the other route rather
than the City position? Mr. Williams said the
Council is trying to go away from the route of the
City position. The Harbor Commission has the ability
to terminate the contract at a future time. It won't
hinder the work of the Harbor Commission, it may
even help. He further stated Gary Davis has shown
it is a workable system. City Manager Brighton asked
Mr. Williams, will this have a major bearing on the
grant the Harbor Commission is asking for? Mr.
Williams replied he thought when the grant writers
see the Commission is taking a positive approach,
they will be willing to grant. Mr. Brighton asked,
will this make any difference on the grant? Mr.
Davis replied, he had contacted the Dept. of Commun-
ity and Regional Affairs and they had said no. Mr.
Williams further explained the Dept. of Community
& Regional Affairs says you can't contract the whole
package, but for the coordinator's package, there
is no problem. The secretary and office will be
Harbor Commission funds. Councilman Malston asked
who will he be working for? Mr. Williams replied,
it is a gray area, he is under the City Engineer
and the City Manager, but he works for the Harbor
Commission. The City Manager oversees. He will
have to answer to three "hats." Mayor O'Reilly
said a contract will have to be developed. Mr.
Williams said the Harbor Commission tried to draw
up the language, but decided to get with the
attorney and the City Manager. Atty. Delahay
said from a legal view, he sees problems. The
contract for services should go out to bid. There is
not specific enough goals to be reached in the
contract. Atty. Delahay further explained Mr.
Davis had indicated he will work for other clients,
but no time is stated. It can be a continuous
contract, but there should be goals. It may be
cleaner to contract everything out and let it go
out to bid. If the ordinance passes, it doesn't
cost the City money, it would leave the option
open to hire. Mr. Williams said the hourly rate
F_ —
NENAI CITY COUNCIL
AUGUST 6, 1980
Page 8
suggested is to the maximum. What the Harbor
Commission is trying to do is move ahead before
the next Legislative session. The secretary and
office space was the Harbor Commission idea to
help the City offices. He shares the concern
of the Council. Atty. Delahay said it should be
consolidated as a contract with the secretary and
City hall. He further suggested Mr. Davis could
set up office and we would just pay for our services
but it would be a higher hourly rate. Mr. Williams
said he has difficulty with that. It is now the idea
of the Harbor Commission that there will be room
*in the new City Hall so rent would not be contin-
uing. Councilman Hall asked, this is not a perma-
nent position, not full time? Mr. Williams replied
yes, it is full time, it is temporary full time.
Councilman Hall noted Mr. Davis had said he would
take other work. Mr. Williams said there will be
"rolls and swells," but he should be available when
needed: on call and for trips. Councilman Hall
asked when does the temporary contract expire? Mr.
Brighton replied the 60 day extension is up tonight.
He further noted he had attended every Harbor Commis-
sion meeting, they are getting things charged up,
��- they need someone to follow through, but definitive
work is needed. He suggested a work session with
the Harbor Commission. He noted Mayor Gilman has
said OCS has been encouraging, but much work must
be done. He feels Council is not aware of the pro-
blems, there is a lack of communication. Mr.
Williams agreed. He noted what we are about to
deal with is funds exceeding anything the City does.
The City also has a complete back-up of personnel,
the Harbor Commission only has the Administrative
Coordinator. The Harbor Commisssion has:
i 1. $500,000
2. $70,000 coming
3. If the Legislative session goes right,
we will have as much as $20 Million from
State & Federal areas.
He further stated we need to get this settled now.
Mayor. O'Reilly said we are at the stage that we
have another route to go by voting against the
ordinance. Mr. Williams replied the Harbor Commis-
sion will go along with the contract. Councilman
Hall suggested tabling the ordinance till the Harbor
Commission, Atty. Delahay and City Manager Brighton
have a meeting. Councilwoman Glick said she would
just as soon vote against the ordinance, she does
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 9
not want another City position. Mayor O'Reilly
asked Mr. Davis is 1/2 secretary position would
be acceptable with Dept. of Community & Regional
Affairs? Mr. Davis replied yes, full time is too
much for the administrative coordinator position.
Mayor O'Reilly noted at some future time we may
have to go to a full time secretary.
Council agreed to having a work session.
Motion failed, with Councilman Hall voting yes.
G-3. Ordinance 598-80 - Amending Kenai Municipal Code
to Change Date for Fixing Tax Levy
Mayor O'Reilly noted under Section 1, line 2, should
read, "than the loth day of June---."
MOTIONS
Councilman Ambarian moved, seconded by Councilwoman
Glick, to introduce the ordinance, as corrected.
Councilman Malston asked for an explanation. Atty.
Delahay said at the last budget session, we found
the mill levy had to be set 10 days prior to the
next fiscal year. State law requires we tell the
Borough Assembly by June 15 what the mill levy is.
This makes the ordinance concur with State law.
Motion passed unanimously by roll call vote.
G-4 Ordinance 599-80 - Increasing Rev/Appns - Special
Revenue Fund - Senior Citizen Grant - $4,000
MOTIONS
Councilman Ambarian moved, seconded by Councilwoman
Glick, to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-5 Ordinance 600-80 - Amending Kenai Municipal Code
to Comply with Terms of Federal & State Grants
MOTION:
Councilwoman Glick moved, seconded by Councilman
Malston, to introduce the ordinance.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 10
G-6 Ordinance 601-80 - Amending Kenai Municipal Cods
Establishing Fire Zones & Providing Enforcement
MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick, to introduce the ordinance.
Motion passed, with Councilmen Hall, Measles, Council-
woman Glick, Mayor O'Reilly voting yesi Councilmen
Malston, Mueller, Ambarian voting no.
G-7 •Ordinance 602-80 - Increasing Rev/Appns - Senior
Citizens Project - Salvation Army Donation -
$2,675
MOTION:
Councilman Malston moved, seconded by Councilwoman
Glick, to introduce the ordinance.
Motion passed unanimously by roil call vote.
Mayor O'Reilly asked City Manager Brighton to send
..i
a letter to the Salvation Army thanking them.
G-8 Ordinance 603-80 - Increasing Rev/Appns - Capital
Project Fund - Airport Electric Improvements -
$786,495
MOTIONS
Caouncilwoman Glick moved, seconded by Councilman
Malston, to introduce the ordinance.
Public Works Director Kornelis said normally this
should be awarded in 30 days, but he would like to
have the second reading tonight. He has received
the Alaska State grant. FAA policy is to give us
verbal approval, that has been done, it will be
announced by one of our U.S. Senators.
MOTIONS
Councilman Malston moved, seconded by Councilwoman
Glick, that a second reading be held.
Motion was withdrawn per parliamentary procedure.
Finance Director Brown said the ordinance says the.
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 11
FAA has awarded the grant, when in fact, it has
not.
MOTION, Amendment:
Councilman Ambarian moved, seconded by Councilman
Malston, to amend the ordinance after "by $786,495"
in the heading, and at the end of the 5th paragraph
(beginning, "Now therefore") to state, "subject to
award of grant by FAA:" in the second paragraph,
1st line, change the sentence to read, "WHEREAS,
,the Federal Aviation Administration has indicated
an intent to grant." And to change the dates of
the second reading and effective date to August 6, 1980.
VOTE, Amendment:
Motion passed unanimously by roll call vote.
VOTE,Main Motion;
Motion passed unanimously by roll call vote.
MOTION:
Councilman Malston moved, seconded by Councilwoman
Glick, to have the second reading of the ordinance.
Motion passed unanimously by roll call vote.
MOTION:
Councilwoman Glick moved, seconded by Councilman
Malston, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
G-9 Resolution 80-123 - Awarding Contract to Wince,
Corthell, Bryson & Freas, Engineering Services
Airport Lighting & Standby Generation - $30,000
MOTION:
Councilman Malston moved, seconded by Councilman
Measles, to approve the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 12
G-10 Resolution 80-126 - Adopting Minority Business
Enterprise Policy
Atty. Delahay asked for postponement on this
resolution, he stated it was the policy plan for
the FAA.
Council agreed to postponement.
G-11 Resolution 80-127 - Awarding Contract - Peninsula
Roofing - Roof Over Fire Apparatus Room - $2,925
MOTION:
Councilman Measles moved, seconded by Councilwoman
Glick, to approve the resolution.
There was no public comment.
Councilman Malston said he didn't believe this was
the best bid. Each contractor said what they thought
should be done to the roof. He would go with
Schilling because he has confidence in his work.
Mayor O'Reilly asked who developed the contract?
Councilman Malston replied Fire Chief Winston did.
The Council had told him to get it fixed at budget
J time. Councilman Ambarian said:
1. The Public Works Dept. should have handled
the project. The cost went over so Chief
Winston went out to bid.
2. There is 6000 square feet, will the low
bidder patch all?
Councilman Hall said the contract says "patching
as needed." Each contractor looked at the roof
and said what he thought was needed. He felt W.D.
Roofing had been satisfactory, as far as satisfaction
goes. Councilman Ambarian said we still need a
standard set by the City as to what is needed. This
is based on personal opinion. Councilwoman Glick
said these people are supposed to be experts. They
should know what is needed. She asked Mr. Kornelis
if he or his dept. knew anything about this? Mr.
Kornelis replied no. Chief Winston said he and
Building Inspector Hackney had looked at the roof,
Mr. Hackney had said all that was necessary was
patch and a coat of hot tar. When the Dept. went
out for an estimate, they asked for the contractors
to come out and look at the roof. It was his sug-
gestion to get someone knowledgeable to set up the
specs. Councilman Malston noted Chief Winston
KENAI CITY COUNCIL
C AUGUST 6o 1980
Page 13
had done what Council told him to do, but it turned
out to more than we expected. He asked Chief Winston
if part of the problem could be antenna wires? Chief
Winston replied he didn't know, it could be. Council-
man Malston asked what was our budgeted figure? Council-
man hall replied $3,500. Councilman Malston suggested
we should have the Public Works Dept. have a look
at this, and table it till the next meeting. Council-
man Hall said Mr. Hackney said he has already looked at
this. Mr. Kornelis said Mr. Hack ney is the best one
,.to look at this. This is very common to have differ-
ent bids on roof jobs. Councilman Ambarian noted
the roof is ten years old, it may need more than
a patch job. Councilman Mueller said they have
offered a two year guarantee. Councilman Hall said
$2,900 is not much money for a two year guarantee.
It's alot less than $22,000.
MOTION, Amendments
Councilman Malston moved, seconded by Councilwoman
Glick, to amend the resolution to award the contract
`
to Schilling.
I
Councilman Ambarian asked, do we have the money in --
the budget? Finance Director Brown replied yes,
we would take it from the budget as a whole. Council-
woman Glick asked, in the Schilling proposal he
lists, "1 ply of R," W.D. Roofing has "3 ply of
'
asphalt and felt." Is there any difference? Council-
man Hall said in the three lower bids, he didn't
4
see a great difference. Councilwoman Glick asked,
just in the kind of material used? Councilman Hall
reitereated he couldn't see that much difference
in any of them.
:
VOTE, Amendments
Motion failed, with Councilman Malston, Council-
woman Glick voting yes.
VOTE, Main Notions
Motion passed, with Councilmen Hall, Mueller,
Measles, Mayor O'Reilly voting yes; Councilman
.
Malston, Ambarian, Councilwoman Glick voting no.
i G-12 Resolution 80-128 - Transfer of Funds - General
Fund Budget - Maintenance Agreement & Misc. Repairs,
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 14
n Animal Control - $200
MOTION:
Councilman Measles moved, seconded by Councilman
Mueller, to approve the resolution.
Councilman Malston asked, Animal Control has a type-
writer, the Recreation Dept. does not, why? Mr.
Brighton explained the recreational typing is done
by Kim. This is just a maintenance contract, also.
There was no public comment.
��Motion passed unanimously by roil call vote.
G-13 Resolution 80-129 - Transfer of Funds -
General Fund Budget - Pump Out Restrooms in
Parks - $50
MOTION:
Councilman Ambarian moved, seconded by Councilwoman -
Glick, to approve the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
G-14 Resolution 80-130 - Transfer of Funds - Harbor
Study Capital Project - Extend Administrative
Coordinator Contract for 60 Days - $3,600
MOTION:
Councilman Ambarian moved, seconded by Councilman
Measles, to approve the resolution.
There was no public comment.
Councilman Ambarian asked to put the starting and
ending date on the extension for the record. Mr.
Brighton said it will be extended from the date of
the original contract. Atty. Delahay asked, wasn't
he off for awhile? Mr. Brighton replied, one week.
Mr. Davis said the contract would start July 28, 1980.
G-15 Resolution 80-131 - Awarding Contract for Con-
struction of Interceptor Line & Sewage Pump
Stations
MOTION:
KRNAI CITY COUNCIL
AUGUST 6, 1980
Page 15
Councilman Ambarian moved, seconded by Councilwoman
Glick, to approve the resolution.
There was no public comment.
Councilman Ambarian asked when were the bids open?
Mr. Kornelis replied yesterday (8-5-80) at 10:00AM,
the others at 2:00 PM. Councilman Ambarian said he
has spoken to several contractors that were con-
cerned about the low bid, they hope the Public Works
Dept. would review the figures carefully. Mr.
Kornelis said the president of the company was at
'the bid opening and said there could be a potential
error. Today (8-6-80) Mr. Kornelis received a phone
call and telegram that they have reviewed the fig-
ures and found no errors. They have a bid bond
and will have a performance bond. Councilman
Ambarian asked, the deductive alternate #1, has
that been resolved? Mr. Kornelis replied yes,
he will review. Phase 1 is the most critical part.
We are looking at future project for outfall. The
deductive alternate was bid with this as part. if
we accept Phase 3, we should accept the deductive
alternate. Phase 2, the line is an extension of
Phase 1.
r
Motion passed unanimously by roll call vote.
G-16 Resolution 80-132 - Awarding Contract - Construct-
ion of Fidalgo Subdivision Street Improvements
MOTIONS
Councilman Ambarian moved, seconded by Councilman
Measles, to approve the resolution.
There was no public comment.
Councilman Ambarian asked Mr. Kornelis, Regarding
the Quality Asphalt bid, what is the time schedule?
Mr. Kornelis replied none is required, but the under-
ground work will be done in 60 days. He further
explained because of the timing, we said to leave
the paving till next year. Councilman Ambarian
asked could this be the same as Willow St. and not
be paved until late summer? Mr. Kornelis replied
the specs say July 30 (he thought). It was orig-
inally set up to do this year, it was the main con-
cern of all the contractors. We would have to add
a contingency for bad weather, so we cahnged it
at that time.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 16
G-17 Resolution 80-133 - Awarding Contract - Engin-
eering Services - Peninsula Engineering - Fidalgo
Subdivision Street Improvements - $72,740
MOTION:
Councilman Ambarian moved, seconded by Councilman
Malston, to approve the resolution.
There was no public Comment.
Motion passed, with Councilwoman Glick voting no.
B-4 Ordinance 596-80 - Increasing Rev/Appns - Capital
Project Fund - Bidarka, Barnacle, Caviar, Redoubt,
Fidalgo Streets - $1,030,000
Finance Director Brown gave the corrected figures:
Increase Appropriations:
Inspection $72,740
Contingency 67,260
Mr. Kornelis explained we have Frontage Rd., there
will be enough to handle it. When it is bid, we
will know if there is any left to start a new
project. Councilman Ambarian asked would there
be enough money to do the road by D&A to Main St.
Extended? Mr. Kornelis replied there could be.
He suggested we leave the money in "construction"
in the ordinance. He had thought of Main St.
Loop.
Motion passed unanimously by roll call vote.
G-18 Resolution 80-134 - Authorizing Bill Brighton
and/or Keith Kornelis to Sign for EPA Grants for
Interceptor & Sewage Pump Stations
MOTION:
Councilman Measles moved, seconded by Councilman
Malston, to approve the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
G-19 Special Use Permit - Glacier State Telephone
MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick, to approve the permit.
.I-- All - ---- - - ---- - -
F�
0
XENAI CITY COUNCIL
AUGUST 6, 1980
Page 17 '
Motion passed unanimously by roll call vote.
G-20 Special Use Permit - Property World, Inc.
MOTION:
Councilman Ambarian moved, seconded by Councilman
Measles, to approve the permit.
Councilman Mueller requested abstention from the
vote.
0.
Councilman Ambarian said they should have the size
of the sign. Airport Manager Swalley said they
have a standard size, it is in the place where the
Sheffield sign was.
Motion passed unanimously by roll call vote, with
Councilman Mueller abstaining.
G-21,22,23
Lease Amendments - Andy's Flying Service, Change
to SouthCentral Air, Inc.
MOTION:
Councilman Ambarian moved, seconded by Councilman
Measles, to approve the amended leases.
Motion passed unanimously by roll call vote.
G-24 Lease Amendment - U.S. Fish & Wildlife
MOTIONS
Councilwoman Glick moved, seconded by Councilman
Malston, to approve the amended lease.
Councilman Ambarian asked if this was the same method
of appraisal used as on the other problems. Mr.
Brighton replied yes.
Motion passed unanimously by roll call vote.
G-25 Lease Amendment - Robt. Britt to James Carter, Sr.,
Lease Rate Change
MOTION:
Councilman Malston moved, seconded by Councilman
Measles, to approve the lease rate change.
Motion passed unanimously by roll call vote.
f�
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C
::ENAI CITY COUNCIL
AUGUST 6, 1980
Page 18
G-26 Airport Lands Lease - Raven Transit
MOTIONS
Councilman Measles moved, seconded by Councilwoman
Glick, to approve the lease.
Motion passed unanimously by roll call vote.
G-27 CH2M Hill - Sewer Treatment Plant Services During
Construction
MOTION:
Councilwoman Glick moved, seconded by Councilman
Measles, to approve the billing.
Motion passed unanimously by roll call vote.
G-28 CH2M Hill - Sewage Projects Design - $17,055
MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick, to approve the billing.
Motion passed unanimously by roll call vote.
G-29 USKH - Soils Conservation Contract - $10,137
MOTION:
Councilman Measles moved, seconded by Councilman
Malston, to approve the billing
Motion passed unanimously by roll call vote.
G-30 Peninsula Engineering - Fidalgo Improvement
Project - $3,753.92
Finance Director Brown explained the amount was
$3,753.92 because of the retainage.
MOTION:
Councilman Measles moved, seconded by Councilman
Hall, to approve the billing, as amended.
Motion passed unanimously by roll call vote.
l.�
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KENAI CITY COUNCIL
AUGUST 6, 1980
Page 19
G-31 Partial Payment - Alaska Boiler & Heat Exchange -
Lube Facility & Shop Building Addition _ $43,300
Mr. Kornelis noted the correct amount is listed
on the back page, it is $22,700.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick, to approve the billing.
"Motion passed unanimously by roll call vote.
G-32 OMNI North - City Administration Building -
$95,780
MOTION:
Councilman Ambarian moved, seconded by Councilman
Measles, to approve the billing.
Mr. Kornelis said the contractor asked for insula-
tion on the building, it will be complete tomorrow.
He explained Architect Carmen Gintoli suggested
payment be held until the work is complete.
With consent of second, Councilman Ambarian amended
his motion to include the payment be held until
work is complete.
Motion passed unanimously by roll call vote.
G-33 Support of Cultural Facility on October ballot
Kathy Settle, of the Cultural Facilities Committee,
spoke. She said she would like to have this on
the October ballot.rather than a town hall meeting.
MOTION:
Councilman Measles moved, seconded by Councilman
Mueller, to put support of the cultural facility
on the October ballot.
Mayor O'Reilly asked Mrs. Settle if she wanted to
state,,"Do you want a culture facility of this type
in this community?" Mrs. Settle replied yes.
Councilwoman Glick suggested a resolution be drawn
up for the next meeting, and it should be in the
paper. Councilman Measles noted a ballot would be
a public hearing then instead of at the meeting.
He felt it was being done twice. Atty. Delahay
said to put it on the ballot, there should be a
resolution
KENAI CITY COUNCIL
AUGUST 6, 1980
Page 20
MOTION, Amended:
Councilman Measles, with consent of second, amended
his motion to direct the administration to draw up
a resolution for placing the cultural facility on
the October ballot.
There was unanimous consent of Council.
G-34,35
.Temporary Office Space - Harbor Commission
Secretary - Harbor Commission
Mayor O'Reilly asked who put this on? Mr. Brighton
replied this was at the request of the Harbor Commission.
He said Mr. Williams had already covered this. Mayor
O'Reilly asked Mr. Williams if he wished to put
the two items together and discuss them. Mr. Williams
said the Harbor Commission is asking clarification
of its duties. They are at odds as to what they can
and cannot do. If they must be required to come
before Council for all costs, they should look at
the ordinance regarding the Harbor Commission. The
�,- secretary and office space will be much more than
that. Councilwoman Glick replied the ordinance
spells this out, they should remember the Harbor
Commission is just advisory. The Council has to
know what the Harbor Commission is doing. Mr.
Williams explained he didn't mean to "stonewall"
but they have spent alot of time getting proposals,
then they have to explain to the Council without
the Council taking their suggestion as an advisory
committee. Councilman Mueller said if they could
read the minutes, they could have a background of
action. Mr. Williams agreed, he explained if they
had a secretary they would have the minutes to the
Council. Right now they are hard-pressed to get
these themselves. Councilman Mueller suggested this"
be held till the work session. Mayor O'Reilly said
he agreed, the grant from CZM is not final yet. Mr.
Williams said the Harbor Commission has discussed
this, but whether they get the funds or not, they
will need a secretary and an office. Mayor O'Reilly
asked Finance Director Brown if they have the funds.
Mr. Brown replied if it is taken out of the $500,000,
they do have the funds. Councilman Measles asked
do they have 1/2 secretary position in the budget?
Mr. Brown replied in the $500,000, they budgeted
a full-time secretary and a full-time administrative
coordinator. Councilman Mueller said it isn't spelled
KENAI CITY COUNCIL
AUGUST 6, 1980
< 4 Page 21
out what is needed, where, etc. Mr. Davis ex-
plained 1/2 secretary position is what is covered
by the State, the Harbor Commission feels we need
a full-time secretary. Mayor O'Reilly asked if
they had a space in mind. Mr. Davis replied, he
has checked in the 300 square feet range. The
problem is it is a temporary arrangement. The
Decor Building and the Benco Building have space,
and will lease on a monthly basis. Councilman
Ambarian said we are getting wider and wider on
communications. He. has problems himself, and would
peel better with a work session. In reply to a
question by Mayor O'Reilly, Mr. Williams said the
next Harbor Commission meeting is August 19, he
would suggest a work session be quite a bit before
that. The Commission will be working with contractors
at that meeting. Councilwoman Glick said most
generally the Council is receptive. One time the
Council thought otherwise than the Harbor Commission
recommendation. There are times when it will be
questioned.
Council agreed to have a work session with the
Harbor Commission August 11, 1980 at 700 PM.
Mayor O'Reilly noted he will be out of town,
Vice -Mayor Glick will chair the meeting. Ad-
ministration was directed to develop an agenda
and notify those involved.
H. REPORTS
H-1 City Manager
City Manager Brighton spoke.
1. He has received the school budget from the Bor-
ough. There is nothing shown for the Kenai
schools for the next five years.
MOTIONS
Councilman Ambarian moved, seconded by Councilwoman
Glick, to send a letter of objection to the Borough
School District.
Motion passed unanimously by roll call vote.
2. He noted the Harbormaster salaries listed
in the packet.
` 3. He has prepared a draft of a letter to Linwood
Lane residents. He suggested that be discussed
In
ti
FEPIAI CITY COUNCIL
AUGUST 6, 1980
Page 22
at a work session. Councilman Ambarian said the
first letter was confusing, the second letter
will clear up the situation.
Council agreed to send the letter as written.
4. He emphasized the importance of a work session.
In addition there ought to be other discussions:
a. Federal revenue funds, he referred to Finance
Director Brown's memo, and noted requests
exceed available funds.
b. A memo went out to Dept. heads regarding
the money available at the next Legislative
session. Council should set guidelines also.
c. The cemetary is City -owned. There is no
records as to who is located there, and
there have been some problems.
H-2 City Attorney
Atty. Delahay spoke.
1. Frontage Road improvements payments. The City
can set up assessment costs. It's too late
to do Frontage Rd. this year. He suggests
an ordinance to set tip a payment schedule of
assessment districts out of capital funds.
Mr. Brown said the ordinance says only bond
moneys can be used for assessment districts.
Atty. Delahay said part could be capital funds.
Mr. Brown replied, the assessed moneys would
have to be bond moneysr the portion not assessed
can be from any source. Atty. Delahay said he
would rather have it by ordinance so the City
could set up funds rather than by bonding.
2. Minority Business Enterprise policy, as referred
to in his memo. He is in the process of pre-
paring policy. It will make the bidding process
more costly, he noted.
H-3 Mayor
Mayor O'Reilly spoke.
1. Reception by Alpetco. He met some German
equipment suppliers, who are also financiers.
He noted there are some disquieting rumors
about the project.
f
KENAI CITY COUNCIL
AUGUST 6, 1980
j Page 23
2. Luncheon by Pacific Alaska LNG. The project
is proceeding slowly, but he did not have any
further information regarding the time.
3. August 7 he will be offering a resolution suppor-
tive of the in -State usage of natural gas
liquid without a specific proposer mentioned.
He would like a motion of Council indicating
support of the concept.
MOTION:
• Councilman Measles moved, seconded by Councilman
Mueller,for support of the Mayor's action.
Motion passed unanimously by roll call vote.
4. He will continue on his personal trip to meet
with Exxon and Shell in Houston regarding space
in the area for natural gas liquid facility
if they so choose.
MOTION:
Councilwoman Glick moved, seconded by Councilman
Malston, to direct Mayor O'Reilly, while outside
on personal business, to continue his travels to
Houston to contact and Exxon and Shell and relay
to them our support and interest should they choose
to do any development in our area.
There was unanimous approval by Council.
Mayor O'Reilly said he would further be seeing
Phillips and City Service, and will see some
fish wholesalers to push our local salmon.
H-4 City Clerk.
Clerk Whelan spoke.
1. The two Rowells listed on the Personnel Arbi-
tration Board are married. As there is appar-
ently no question of legality, she wished the
Council to be aware of the situation.
Council agreed this was acceptable.
Councilman Measles asked how are they selected?
Atty. Delahay replied alphabetical. 5 are
selected by the City Clerk, the employee can
eliminate any, so can the City Manager, down
to 3. Those 3 are final. The City Clerk can
pick 5 more.
XENAI CITY COUNCIL
AUGUST 6, 1980
page 24
2. Clerk Whelan noted she has begun cross-
reference of the Council minutes. She
will be going backwards from the present
and will attempt to go back to 1960,
to be used for reference material.
City Manager Brighton noted in the packet is a
grant permit request of Union Oil Co. from the
Corps. of Engineers. He would recommend granting
of the permit and also give support. Councilman
Ambarian said we have a zoning ordinance, they
••plan on pulling gravel where they cannot. They
will need a conditional use permit to pull from
a dead gravel pit. Mr. Brighton asked Mr.
Kornelis is there was an active pit out there?
Mr. Kornelis asked if they were refering to the
Pelsh pit. Councilman Ambarian said it cannot
be reactivated without a conditional use permit.
Mr. Kornelis said he did not know. Mayor O'Reilly
directed administration to check up on that.
Councilman Ambarian noted he had no objection to
the well, just to the gravel selection.
H-5 Finance Director
Finance Director Brown spoke.
1. Bids on TCD's. One bank in Soldotna and one
in Anchorage have asked to participate. The
ordinance says we can only bid on Kenai banks.
He would like some direction from Council.
Mayor O'Reilly asked if they were fully
collaterized? Mr. Brown replied yes. Council-
man Malston said we should keep it with the
3 local banks. Mr. Brown noted the 3 local
banks just send the money to Anchorage, but
it does help the local banks.
Council directed Mr. Brown to write a
resolution.
2. The auditors will be here August 18. He would
like to have an audit on fixed assets.
Council agreed.
H-6 Planning & Zoning
( None
H-7 Kenai Borough Assembly
Councilman Ambarian spoke.
TA
KENAI
CITY COUNCIL
AUGUST
6, 1980
C Page
25
1. Kenai River Bridge Subdivision. The service
area has been approved.
2. There will be a meeting on the Ridgeway Fire
service area
H-8
Harbor Commission
Commissioner Williams spoke.
I. There will be a Harbor Commission meeting
•
August 19 for contract bids.
2. The Commission has had Will Thompson do a photo
on harbor area.
3. Clean-up of harbor area. The Harbor Commission
has sent a recommendation to Council. if
Council wants to see the pictures, he has
the album.
Mr. Brighton said the purpose of the pictures is to
show Juneau the congestion at the harbor. Mr. Davis
said the grant proposal in the original budget was
sent to Dept. of Community & Regional Affairs, it
came back with suggested revisions, it brought the
the total to $51,000. He sent back his thoughts
and plugged in $8,000. They sounded amenable.
There is a very good chance we will be receiving
a $60#000 grant through the Borough with City match.
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
Francis Meeks spoke.
1. Foot bridge to the beach. Is it going to be put
up? Mr. Brighton said he has talked to the rec-
reation group. He was supposed to talk to the
Public Works Dept. to see if it can be lifted.
Mrs. Meeks noted it is the only access to the
beach.
2. She has noted cars are drivinq on the berm and
breaking it down.
Mr. Kornelis said he has been trying to get Brown
Construction to lift the bridge. We don't have a
crane powerful enough.
Councilman Malston said he went to the Dept. of
Revenue Monday (8-4-80). A sign said they were
,r
RENAI CITY COUNCIL
AUGUST.60 1980
Page 26
closed, they would try to open that afternoon.
They did not. They were open Tuesday (8-5-80).
The sign said they do not give vessel or crew
permits. Also Fish & Game licenses are all in
Soldotna. He feels we are getting the "short
end of the stick." Mr. Brighton said he did not
know the status, but Dick Morgan, representing
the Chamber of Commerce sent a letter to Lt.
Gov. Terry Miller. We have sent copies to people
we sent our original letter to. Mr. Morgan has
received no response. Councilwoman Glick asked,
••in addition to the letter, have you sent copies
to the Legislators? She suggested copies be sent.
Mr. Brighton said also, someone (he couldn't remem-
ber who) has received word from the Representative
Hugh Malone that the State will be building a
$1 Million office building on Kalifonsky Beach Rd.
Councilwoman Glick noted the transportation agree-
ment in the packet, and asked if it required Council
action. Atty. Delahay said no.
Councilwoman Glick said regarding the memo on Union
Oil:
1. Have they been before Planning & Zoning?
Councilman Measles replied yes.
2. Have they not received a permit from the
Corps.? Mr. Brighton replied no. Council-
woman Glick said if they have not, there will
be representatives here the week of August 18
to look at permits.
Councilman Ambarian noted the pavement break on
Airport Way has been fixed, was the leak found?
Mr. Kornelis replied no.
ADJOURNMENT
Meeting adjourned 10:30 PM.
Respectfully Submitted,
espectfullySubmitted,
'- Janet Whelan
City Clerk
r
THE FOLLOWING ITEMS ARE OVER $1,000.00
WHICH NEED COUNCIL APPROVAL OR RATIFICATION 8/20/80
�
VENDOR
AMOUNT
DESCRIPTION
PROJECT/DP.PANTMENT
ACCOUNT C1iARCP.
AMOUNT
P.O.
FOR APPROVAL.
Bowman Distributors
1,414.32
Misc. Shop Supplies
Shop
Operating Supplies
510.00
11367
Misc. Shop Supplies
Shop
Operating Supplies
90.46
12347
Misc. Shop Supplies
Shop
Operating Supplies
813.86
20004
I
William Brighton
4,027.15
Moving Expenses
City Manager
Transportation
3,905.66
12093 !
Misc. Anchorage Tripe
City Manager
Transportation
76.32
Chamber Lunches
City Manager
Miscellaneous
45.17
;
Chevron
1,377.29
Gasoline
Shop
Operating Supplies
1,377.29
20272/20166
Voyle's Fuel Service
1,579.69
Stove Oil
Shop
Operating Supplies
1,529.69
Propane
Shop
Operating Supplies
50.00
20377
Glacier State Telephone
1,894.71
August Phone Service
Various
Communications
1,894.71
Homer Electric Association
7,684.38
July Electricity
VariOUS
Utilities
7,684.38
Hutchings Chevrolet
16,026.00
1980 Impala Sedan
Police
Machinery 6 Equipment
8,013.00
11239
1980 Impala Sedan
Police
Machinery 6 Equipment
8,013.00
11240
—
Kenai Steel Buildings
12,426.00
Electric Door Openers
PRS-Shop
Buildings
11,971.00
11858
Building Repair
Shop
Repair 6 Maintenance
455.00
12611
Peninsula Ford
7,425.67
1980 Ford LTD
City Manager
Machinery 6 Equipment
7,425.67
11856
Seattle Trust
68,840.95
2967 GO Bonds
Debt Service W6S 167
Principal
40,000.00
1967 GO Bonds
Debt Service W6S 167
Interest
28,645.00
1967 GO Bonds
Debt Service W68 167
Agent Fees
195.95
Southeentral Communications
1,220.36
Radar Repair
Communications
Repair 6 Maintenance
84.36
20260
August Radio Maintenance
Communications
Repair 6 Maintenance
880.25
20246
August Radio Maintenance
Water
Repair 6 Maintenance
102.30
20246
August Radio Maintenance
Sewer
Repair 6 Maintenance
153.45
20246
i
Totem Equipment
4,698.00
Wood Chipper
PRS-Parke
Machinery 6 Equipment
4,698.00
12557
1
k
j
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_ _---_ --._._p___-•��-_.. __ __ _ _ _ _ _ _ _ _ _ _ _. `, 'w'�__ �" „ -� �_. ice--, �.r.. —�_
CIIF.CKS OVER $1,000.00 8/20/80
VENDOR
Pore 2
AMOUNT
DESCRIPTION
PROJECT/DEPARTMENT
ACCOUNT CHARGE
AMOUNT
P.O.
Yukon Office Supply 3,634.18 Copy Paper Various Printing & Binding 477.00
20045
Office Supplied
City Attorney
Office Supplies
86.57
12631
Mini Recorder/glee. Holder
City Attorney
Small Tools/Minor Equipment 343.51
12584
Office Mach. Maint. Cont.
Various
Repair & Maintenance
765.00
20031
Office Supplies
City Manager
Office Supplies
20.06
12370/12630
Office Supplies
Finance
Office Supplies
38.28
20055
Stacking Trays
Planning A Zoning
Office Supplies
19.60
12261
j
Office Supplies
Harbor Commission
Office Supplies
36.57
12630
'
Desk/Chair/Cabinat
Harbor Commission
Machinery & Equipment
599.60
20085
Office Supplies
Police
Office Supplies
218.87
20156/20064
Transcriber
Police
Machinery & Equipment
330.00
12598
Office Supplies
Fire
Office Supplies
77.47
20tO7/20159
Calculator
Fire
Small Tools/Minor Equipment 99.00
20026
Office Supplies
Library
Office Supplies
74.60
20160/20298
Book Rack/Bin
Library
Small Tools/Minor Equipment 26.90
20231
Office Supplies
STP
Office Supplies
188.25
12614
Office supplies
Airport Administration
Office Supplies
3.30
12630
Office supplies
Jail
Office Supplies
229.60
20072/20121
FOR RATIFICATION
State of Alaska
21,393.65
July FICA
Various
FICA
21,393.65
PERS
20,672.91
July Retirement
Various
Retirement
20,672.91
Clary Insurance Agency
5,016.00
July Workmen's Comp.
Various
Workmen's Compensation
5,016.00
Tom Sleight
1,399.98
Moving Expenses
PW-Administration
Transportation
1,399.98
20188
First National Bank
250,000.00
Cart. of Deposit-8/6/80
TCD
Central Treasury
250,000.00
{
{
4
+
First National Bank
i
'
350,000.00
Cart. of Deposit-8/15/80
TCD
Central Treasury
350,000.00
i
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1
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• � • - - - _ asSw � - ram. _
REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 8/20/80
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
i
Coopers S Lybrand Terminal/Land System Audit Terminal Professional Services 1,250.00
Airport Land Professional Services 1,250.00
PO TOTAL 2,500.00
i
Don's Dive Shop Diving Bottles Piro Machinery 6 Equipment 970.06
Police Machinery b Equipment 554.32
i b PO TOTAL 1,524.38
AA
r�
CITY OF KENAI
ORDINANCE NO. 604-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 1
CAPITAL IMPROVEMENT SPECIAL REVENUE FUND TO PAY TAXES ON
FORECLOSED PROPERTIES.
WHEREAS, certain parcels of land located adjacent to the beach
along Cook Inlet in the Original Townsite of the City of Kenai
were foreclosed by the Kenai Peninsula Borough and deeded to the
City of Kenai, and
WHEREAS, on May 19, 1976, the Kenai City Council approved
Resolution No. 76-23 which set aside these parcels for immediate
public use by the City of Kenai as public beach access, and
WHEREAS, pursuant to the authority of the resolution, on June 21,
1976, the City administration paid to the Kenai Peninsula Borough
a check for $436.14 which represented the taxes owing on the
properties, and
WHEREAS, the Kenai Peninsula Borough has recently returned the
unnegotiated check to the City of Kenai, as the check was void
when not cashed within ninety (90) days, and
WHEREAS, the Kenai Peninsula Borough desires that the City pay
the taxes owed, and the City is in agreement with this request,
and
WHEREAS, there are sufficient monies within the Capital
Improvement Special Revenue Fund, which monies have been
dedicated by Ordinance No. 341-77 exclusively to capital
improvements with a life expectancy of not less than 20 years, to
fund this appropriation, and
WHEREAS, securing of land is deemed to be desirable and to neet
the criteria as set out by Ordinance No. 341-77, and
41HEREAS, proper accounting practices require that all
appropriations of City monies be made by ordinance.
NO11, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
1
_i
maw
CAPTTAy IMPROVEMENT SPECIAL REVENUE FUND
Increase Estimated Revenues:
Appropriation from Fund Balance $437
Increase Appropriations:
Miscellaneous $437
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day
of -Septembers, 1980.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Readings August 20, 1980
second Readings September 3, 1980
Effective Dates September 3, 1980
Approved by Finances
2
CITY OF KENAI
ORDI1?ANCE NO. 605-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL
PROJECT FUND ENTITLED "SEWER TREATHENT PLANT COUSTRUCTION" BY
$1,145,265, AND ESTABLISHING A NEW DEPARTMENT ENTITLED "SEWER
INTERCEPTOR." E
l"
WHEREAS, the State of Alaska has awarded a grant in the amount of "
$143,158 to the City of Kenai for sever interceptor construction
and supporting engineering and inspection services, and
WHEREAS, the U. S. Environmental Protection Agency has awarded a
grant in the amount of $858,949 to the City for the same
purposes, and
WHEREAS, the City of Kenai has matching monies available in the
Water and Sewer Special Revenue Fund in the amount of $143,158,
and
WHEREAS, proper accounting practices require that all _
appropriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations in the -
capital project fund entitled "Sewer Treatment Plant
Construction" be increased as follows:
Water 6 Sewer Special Revenue Pund ( � -
1
Increase Estimated Revenues:
Appropriation from Reserve for
Future Plant Expansion $ 24,085
Appropriation of Fund Balance 119,073
$1_436158
Increase Appropriations:
Sewer -Transfer to Capital
Projects 514�159
Sewer Treatment Plant Construction
CQ.pital Protect Fund
Increase Estimated Revenues:
Transfer from grater 8 Sewer $143,158 -
State Grant 143,158
Federal Grant 858,949
S1i145,265
Increase Appropriations:
Construction $1,037,150
Miscellaneous 4,000
Contingency 104.115
S1,145g265
Y
f'
I:
PASSED BY THE COUNCIL OF THE CITY OF FEMAI, ALASKA, this 3rd day
of September, 1980.
is
i
VINCENT O'REILLY, MAYOR
ATTESTS
Janet Whelan, City Clerk
First Reading: August 20, 1980
Second Reading: September 3, 1980
Effective Date: September 3, 1980
Approved by Finance:
2
CITY of KENAI
ORDINANCE NO. 606-80
AN ORDINANCE OF THE COUNCIL OF THE CITY of KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE. 1980-81
STATE JAIL CONTRACT FUND IW THE AMOUNT OF $5,000 FOR THE PURPOSE
OF RETURNING UNUSED FUNDS TO THE STATE OF ALASKA.
1IHEREAS, during negotiations with the State of Alaska concerning
the 1980-81 State Jail Contract, the City Administration and the
State of Alaska reached tentative agreement that $5400 of the
approximately $15,000 of fund balance in the State Jail Contract
Special Revenue Fund at June 30, 1980, should be returned to the
State of Alaska, and
WHEREAS# proper accounting practices require that all
appropriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAIvED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations in the
1980-81 State Jail Contract Fund be increased as follows,
Increase Estimated Revenues,
Appropriation of Fund Balance $5,000
Increase Appropriations,
Jail -tfisceilaneoua $5,000 Ii
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day i
of September, 1980.
VINCENT OIREILLY, [MAYOR
ATTEST,
Janet Whelan, City Clerk
First Reading, August 20,' 1980
Second Reading: September 3,1980
Effective Date, September 3, 1980
Approved by Finance, �—
�i
TA "
CITY OF KENAI
ORDIVANCE NO, 607-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA#
IMCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980 -81
GENERAL FUND BUDGET BY $1,500 TO REFLECT A GRANT FROM THE STATE
OF ALASKA TO HELP PURCHASE VIDEO EQUIPMENT FOR TRAINING PURPOSES
FOR THE FIRE DEPARTMENT.
WHEREAS, the State of Alaska has awarded a grant in the amount of
$1,500 to the City of Kenai to help pay for video equipment for
the Fire Department, and
WHEREAS, these monies will be matched with approximately $1,500
of City monies, and
WHEREAS, proper accounting practices require that all
appropriations of City monies be made by ordinance.
NOWT THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations in the
1980-81 General Fund Budget be increased as follows:
increase Estimated Revenues:
State Grant S1.500
Increase Appropriations:
Fire -Machinery b Equipment $is�00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day
of September, 1980.
ATTEST:
Janet Whelan, City Clerk
Approved by Finance: _
VINCENT O'REILLY, MAYOR
First reading: August 20, 1980
Second Reading: September 3, 1980
Effective Date: September 3, 1980
CITY OF KENAI
RESOLUTION NO. 80-126
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ADOPTING THE FOLLOWING MINORITY BUSINESS ENTERPRISE POLICY.
WHEREAS, the Federal Register dated March 31, 1980/Rules and
Regulations, and directions from the Department of
Transportation, Office of the Secretary, 49 CPR Part 23 (23.45),
rbquire a policy statement be issued by the Council of the City
of Kenai regading Minority Business Enterprise,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City of Kenai hereby adopts the policy of
compliance with 49 CPR 23 Parts 23.43 - establishes the goal of a
minimum five percent (5%) Minority Business Enterprise
participation in all City of Kenai - Department of Transportation
contracts/sub-contracts. The City Manager of the City of Kenai
or his designee is hereby charged with monitoring all said
contracts and compliance with 49 CPR 23 and this policy.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this day
of August, 2980.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
J
CITY OF KENAI
RESOLUTION 110. 80-135
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ESTABLISHING ALL ALASKA BANKS AS PERI.IISSABLE DEPOSITORIES FOR
MUNICIPAL FUNDS,
TOTEREAS, Resolution No. 78-146 designated Alaska State Bank,
Kenai Branch, and/or National Bank of Alaska, Kenai Branch,
andlor First Federal Savings Bank, and/or First National Bank of
Anchorage, Kenai Branch as official depositories of municipal
funds, and
41HEREAS, the City has received requests from other banks,
including those located in Soldotna and in Anchorage, to be
allowed to bid on City investments, and
WHEREAS, the City may be able to receive better interest rates on
its investments by soliciting bids for investments, including
time certificates of deposit and repurchase agreements, from a
larger number of banks.
NO11, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that:
Section is Resolution Fo. 78-146 is rescinded.
Section 2: All Alaska banks be designated as permissible
depositories for municipal funds, subject to the
collateralization requirements of G*diaanea No. 78-3,
c-c: ola4toh
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of August, 1980,
ATTEST:
Janet V helan, City Clerk
VINCENT 01REILLY, HAYOR
L__ -
F
1p
August 13, 1980
City of Kenai
P. 0, Box 580
Kenai, Ak 99611
Res L s�se� en Lots 6, 7, and 8 and on Lots
9, 10 "[Fall in Block 2, Cook
n et Industrial Air Park
6.
Gentlemen%
Due to the present financing costs and general economic condition
of the Kenai area, we would like to cancel our leases on the
above -described lands.
Our two year time period to start construction has lapsed due to
the fact that we could not get financing for our building
project.
We feel the slow economy in the area at this time does not
warrant our attempting to improve this property and perhaps the
City would be able to find other lessees who would be in
financial condition to do so.
Sincerely,
Geral E. Brownin
4 j
Glen M. en
' �I
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C." 41104MOV
CITY 0► MAI
, a.,w 560
"[NCI. AW4 09811
ig4H,
AGREEMENT TO RESCIND LEASE
THIS AGREEMENT, entered into this 20th day of August, 1980,
by and between the CITY OF KENAI, a home -rule municipal
corporation of Alaska, hereinafter called "City," and GERALD E.
BROWNING and GLEN N. HENRY, hereinafter tailed "Lessee."
WHEREAS, the City and Lessee entered into a Lease on Juip 5,
1978, of the following described property in the Kenai Recording
District, State of Alaska, to wit:
Lots 9, 10, and 21, Block 2, Cook Inlet Industrial Air Park
WHEREAS, the aforesaid Lease was for a term of 99 years and
was recorded in Book 128 at Page 942 in the Kenai Recording
District, and
WHEREAS, Lessee has requested by letter dated August 13,
1980, that this Lease be rescinded because financing, interest
rates, and a Blow economy has not warranted construction within
the two years agreed to in the Lease or at this time, and
WHEREAS, the City Council of the City of Kenai at its
regular meeting on August 20, 1980, by motion properly made,
seconded, and adopted, agreed to rescind said Lease.
NOW, THEREPORE, THE PARTIES DO HEREBY AGREES
That bald Lease between the City of Kenai and Gerald E.
Browning and Glen H. Henry dated July 5, 19780, and recorded in
Book 128, Pages 942 through 951, shall be, and hereby is,
rescinded as of August 20, 1980.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands on the day and year stated in the individual
acknowledgements below.
CITY OF KENAI
By$
City Manager
ATTEST:
Janet Whelan, City Clerk
LESSEES
s . �P .�..
Gera 'E. Browni
Glen H. Henry
._ M
GM Anon.
CITY 0/ x[NAI
P.O. fez sea
tt9m. tuutA 9,921
t9t•E9t9
STATE OF ALASKA )
)Be
THIRD JUDICIAL DISTRICT 1
THIS IS TO CERTIFY that on this day of August, 1988,
WILLIAM J. BRIGHTON# being personally known to me or having
produced satisfactory evidence of identification, appeared before
me and acknowledged the voluntary and authorized execution of the
above Agreement to Rescind Lease, for the municipal corporation
named and in the capacity indicated in the execution thereof.
Notary Public for Alaska
My Commission Expires#
STATE OF ALASKA 1
)es
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this 112!�day of August, 1988,
GERALD Be BROWNING and GLEN M. HENRY, being personally known to
me or having produced satisfactory evidence of identification,
appeared before me and acknowledged the voluntary execution of
the Agreement to Rescind Lease.
emv VELAAW .Y Notary Public for Ala ca
AIZY' My Commission Expires# /0&&4_
2
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'I ° • .:?.gWbctX:faa_:-�__w ..l
an AnoOMn
CITY Of KENAI
o.0. son got
It{NAI. AUSFA 906 11
tuaao
A,GREEMP,HT TO RESCIND LEASE
THIS AGREEMENT, entered into this 20th day of August, 1980
by and between the CITY OF KENAI, a home -rule municipal
corporation of Alaska, hereinafter called "City," and GERALD E.
BROWNING and GLEN M. HENRY, hereinafter called "Lessee."
WHEREAS, the City and Lessee entered into a Lease on July
2978, of the following described property in the Kenai Recordin
District, state of Alaska, to wits
Lots 6, 7, and 8, Block 2, Cook Inlet Industrial Air Park
WHEREAS, the aforesaid Lease was for a term of 99 years an
was recorded in Book 124 at Page 211 in the Kenai Recording
District, and
WHEREAS, Lessee has requested by letter dated August 13,
1980, that this Lease be rescinded because financing, interest
rates, and a slow economy has not warranted construction within
the two years agreed to in the Lease or at this time, and
WHEREAS, the City Council of the City of Kenai at its
regular meeting on August 20, 1980, by motion properly made,
seconded, and adopted, agreed to rescind said Lease.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREES
That said Lease between the City of Kenai and Gerald E.
-Browning and Glen H. Henry dated April 5, 1978, and recorded in
Book 124, Pages 212 through 220, shall be, and hereby is,
rescinded as of August 20, 1980.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands on the day and year stated in the individual
acknowledgements below.
CITY OF KENAI
Bys
City !tanager
ATTESTS
Janet Whelan, City Clerk
LESSEES
�
Gera E. Browni
r �
len M. Hen y
J .
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i
t.. C n A"**r
I CITY OF KENAI
11"JU. AWKA 090I
I nK-nKK
STATE OF ALASKA )
)6s
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of August, 1980,
WILLIAM J. BRIGHTON, being personally known to me or having
produced satisfactory evidence of identification, appeared before
me and acknowledged the voluntary and authorized execution of the
above Agreement to Rescind Lease, for the municipal corporation
named and in the capacity indicated in the execution thereof.
Notary Public for Alaska
My Commission Expiresr_
STATE OF ALASKA )
)as
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this L�'day of August, 1980,
GERALD E. BROWNING and GLEN M. HENRY, being personally known to
me or having produced satisfactory evidence of identification,
appeared before me and acknowledged the voluntary execution of
.the Agreement to Rescind Lease.
a.ww.ww.�• �.
$04 T pit
��,�, anY P+f_ _ Notary Public for Alaska
;4TAi1AF My Commission Explre8e,��Fif-�,--
z
LEASE OF
AIRPORT LANDS OR FACILITIES
THIS AGREEMENT, entered into this day of
19 , by and between the CITY OF KENAI, City Hall,
P. O. Box 580, Kenai, Alaska 99611, a home -ruled municipal
corporation of Alaska, hereinafter called "City," and
GLACIER STATE TELEPHONE CONPANY. Division of Contract AdminTs ri
That the City, in consideration of the payments of
the rents and performance of all the covenants herein contained
by the Lessee, does hereby demise and lease to the Lessee the
following described property in the Kenai Recording District,
State of Alaska; to wits
LOT 4, BLOCK S. COOK INLET INDUSTRIAL AIR PARK
A. PURPOSES The purpose for which this Lease is
issued is;
POLE AND CABLE YARD
B. TERM: (1) The term of this Lease is for
5 years, commend on the 1st day of Jul ,
19 so , to the 30th day of June , 985 , at the
annual to
o7$ T326.60
Lessee for successive periods of years as
giving written notice to the Lessor not less x (6) months
prior to the expiration of the then g term. Each extended
term shall be on the same to conditions as provided in
this Lease for the i arm. Lessee will not be permitted to
extend the L yonfl the extended term. Any termination of
this during the initial term or during any extended term
C. PAYMENT:
9 '` `�"" The rental specified herein shall
be payable as follows;
(1) Right of entry and occupancy is authorized as
of the 1st day of Ju1,�.__, 1980 , and the first rent shall
be computed —from suchdate-unt1l June 30, 1981 , at the rate of
S_3,6334 per day for 365 days, equals 3 6.
now due.
(2) Annual rent for the fiscal year beginning
July 1 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 now 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 there-
after.
(3) Rental for any period -which is less than one
(1) year shall be prorated based on the rate of the last full
year.
(4) The rent specified herein is based on a rate
of 68 of fair mark $tb6value and is. calculated as follows: 20,100
square feet at S per square foot per year, or
per year.
LEASE - Page 1 INITIALSss/
P/1-11
REVISED 3/6/80 LESSEE:
LESS0Rs{ --
•
(S) In addition ti rants specified above,
the Lessee agrees to pay t0
the appropriate parties levies, assessmnnts, and charges as
hereinafter provided:
Alp
c
-Eby-in bh@ amesnb of S
(b) Taxes portaininq to the leasehold interest of
the Lessee.
(e) Sales tax now enforced or levied in the
future computed upon rent payable in monthly installments whether
rent is pair? on a monthly or yearly basis.
' (d) Lessee agrees to pay all taxes and assess-
ments levied'in the future by the City of Kenai, as if Lessee was
considered the legal owner of record of the Leased Property.
(a) Interest at the rate of eight percent (88)
per annum and ten percent (10S) penalties on any amount of money
owed under this Lease which is not paid on or before the date it
becomes due.
{
r'{
D. GENERAL COVENANTS, 1. USESs Except as
provided herein, any regular use of lands o-r-faeilities without
the written consent of the City is prohibited. This prohibition
shall not apply to use of areas designated by the City for specified
publib uses, such as passenger terminals, automobile parking
areas, and streets.
2. USES NOT CONTEMPLATED PROHIBITED: Solicitation
of donations or the promotion or operation oany 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.
3. ASSIGNMENTs (Not for collateral purposes)
Lessee with City's wr tTten consent, which will not be unreason-
ably 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 33 herein.
Any assignee '-
S•
waag�vapi! 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 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.
S. 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 expiratia"I.W
LEASE - Page 2 INITIALS ;('./n
Revised 2/5/80 LESSp, `�a
LESSSORSOR•
40
of the term fixed, or any sooner determination of the Lease, the
Lessee will peaceably and quietly quit and surrender the premises
to the City.
6. PAYMENT OF RENT; Chocks, bank drafts or
postal money orders shall e made payable to the City of Kenai,
and delivered to the City Administration Building, Kenai, Alaska.
7. CONSTRUCTION APPROVAL AND STANDARDS; Building
construction shall a neat an presentable and compatible with
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.
S. DEFAULT - RIOHT OP ENTRY; Should default be
made in the payment•o any port on 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 ouch
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.
for a term in excess o ve 5 years, the amount of-rents-o
fees specified herein shall, at the option of either pasty,
subject to redetermination for increase or decrease based the
percentage rate (set in C4 above) of fair market value a intervals
Of five (5) years from the lot day of July preceding t effective
date.of this'Lease. No increase or decrease in the unt of
rents or fees shall be effective, except upon thirt (30) days
written notice. 'Fair Market Value is defined as " he highest
price estimated in terms of money which a prope y will bring if
exposed for sale on the open market allowing easonable period
of time to find a purchaser who buys with kn ledge of all the
uses to which it is adapted and for which is capable of being
used."
At each five (5) year terval, the City will have
the fair market value determined by qualified independent
appraiser. The redetermined lease to, annual rent, under this
provision shall be limited to a fty (SO%) percent increase in
the prior lease rate until the Oth year anniversary of the lease
after which the 50% cap prov on shall no longer apply and the
lease rate shall be rednter ned every five years on the basis of
fair market evaluation as ndLasted above.
If the asses does not accept the above appraisal
as the fair market v us as of July 1 of the redetermination
year, Lessee shall ive notice to City of such refusal within 10
--- days after deliv y to Lessee of the appraised valuation and the
rental rate do r ved therefrom, and within 10 days after such
notice of ref al, the Lessee or the representative of the Lessee
will meet w h the representative of the City to select an impartial
appraiser rom the regular Alaska membership of the Society of
Real Est o Appraisers or the American Institute of Real Estate
Apprai ro, or the successor body of either group who has been
prop ly designated M.A.I. or S.R.E.A., or S.R.P.A., or any
fu re similar designation which denotes proficiency in the
`raisal of commercial property and is recognized as such by
LEASE - Page 3 INITIALS or i . Revised 2/29/SO LESSEE e a L
• LESSOR;
W
TA--,..-
as above provided, the City and Lea see ahall each submit _ wMu
of an appraiser from citheer of the •3bovf- grouper i Ito r,, any of
the above -required designations but who has no .ndcred an
appraisal on the property subloct hereto n one year prior to
selection, the names will be placed a container, and one wlll
be drawn by lot. The partios y ayrre that the appraiser
agreed upon or so 90lQCt9P0wLL1 be retained for the redetermination
appraisal, that eac ty will pay ono -half of the fee and
expenses of t praisal, that the apprain,ir will be informed
that he %a is being jointly retained by the parties, and that
the raisal rondared will be binding on both parties for that
10. LEASE UTILI".ATIOU: Leaaed lands shall be
utilized for purposes with n the scope of the appligation (made a
part of this Lease and attached horoto) the terms of the Letso,
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.
11. CONDITION OP PREMISES: The premises demised
herein are unimprove and are leased on an "as is, where is"
basis.
12. PROTECTION OF AIRCRAFT: No building or other
permanent structure shall be placed Within fifty (50) feet of the
property line fronting a landing strip, taxiway, or apron without
the written approval of the City. This area shall be used for
parking aircraft only. �•
1.3. 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 submission thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
14. UNDERLYING TITLE: The interests transferred,
or conveyed by this ease are sub ect to any and all of the
covenants, terms or conditions contained in the instruments
conveying title or other interests to the City.
15. RIGHT OF INSPECTIONS City shall have the
right of all reasons le times to enter the promises, or any part
thereof, for the purposes of inspection.
16. INSURANCEs Lessee covenants to save the City
harmless from 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 Losseole occupation, or use of the premises
domised, or privileges granted, and to pay all costs connected
thaTowith. In this connection, the Lessee agrees to arrange and
pay for all the followings
(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.
t
LEASE - Page 4 INITIALS
REVISED 2/29/80 LESSEES r
LESSOR t!
.. M
(b) Lcrrefs agrevr: to carry employer's liability 1
iasurance and Workmen's Compensation insurance, and to furnish a
eortificato thereof to the City.
(e) Insurance contracts providinq liability
insurance and Workmen's Compensation shall provide for not less
than thirty (30) days written notice to the City of cancellation
or expiration or substantial change in policy conditions and
coverage.
(d) Lessee agrees that waiver of subrogation
against the City shall be requested of Lessee's insuror, and
shall be provided at no cost to the City.
(a) Cross Liabilitys It is understood and
agreed that the insurance afforded by this policy or policies for
more than one named insured, shall not operAto to increase the
limits of the company's liability, but othorw<ve shall not operate
to limit or.void the coverage of any bne 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.
i 1,
furnish the City an annual sworn statement of ness
receipts and/or an annual sworn o the number of gallons
of fuel
and oil sol ny certificate or statement to
substa a computation of rents or fees, including reports
10. COLLECTION ON UNPAID MONIES: Any or all
rents, charges, fees or other cons derat on 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 oroporty, real or personal, and the City
shall have such lien rights as are allowed by law, and enforcement
Ik by distraint may be made by the City or its authorized agent.
19. EASEMENT GRANTS•RESERVEDs City reserves the
right to grant and control easoments n, or above the land leased.
No such grant or easement will be made that will unreasonably
interfere with the Lessee'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.
v
20. LEASE SUBORDINATE TO FINANCING REOUIREb1ENTSs
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.
21. SURRENDER ON TERFtINATiO�1s Lessee shall, on
the last day of the term of this Lease or upon any earlier termination
of this Lease, surrender and deliver upon the premises into the
possession and use of City without fraud or delay in good order,
r condition and repair, except for reasonable wear and tear since
j LEASE - Page 5 INITIALS,.
Revised 3/30/79 LESSF,Est)
LESSOR:
I
I •
I
I
Am
nT _ —
(a) 11or the Nurpocn of interim or permanun
financing or refinancing from time to time of the improvements o
be Enlaced upon they leased premines, and for no other purpose,
Lessee, after giving written notice thereof: to the City, may
encumber by mortgage, dead of trust, assignment or other ap opriate
instrument, Lensee's interest in the Leased promises and i and
to thin Lease, provided ouch encumbrance pertains only to uch
leasehold interest and does not pertain to or create any nterest
in City's title to the leased promises. If such mortga a, deod
of trust, or assignment shall be held by a bank or oth r estab-
lished lending or financial institution (which terms all include
an established insurance company and qualified pansi n or profit
shoring trust) and such institution shall acquire t a Lessee's
interest in such Lease as a result of a sale undo r said encum-
brance pursgant to a foreclosure or.other remedy f the secured
party, or•through any transfer in lieu of forec sure, or through
settlement of or arising out of any pending or ontemplated
foreclosure action, such lending institution all have the
privilege of transferring its interest in su Lease to a nominee
or a wholly owned subsidiary corporation wi the prior consent
of the City, provided, however, such trans roe shall assume all
of the covenants and conditions requirod be performed by the
Lessee, whereupon such lending instituti shall be relieved of
any further liability under such lease om any after such transfer.
Such lending institution or the nomine or wholly owned subsidiary
corporation to which it may have tran ferred such Lease, or any
other lending institution which may t any time acquire such
Lease, shall be relieved of any fur er liability under such
Lease from and after a transfer of such Lease.
" (b) :,loasq$61d mortgagee, beneficiary of a
deeo.of trust or securityssisee, shall have and be subrogated
to any and all rights ofe ssee with respect to the curing of
any default hereunder by Less e. 0
(a) i the holder of any such mortgage, or
the beneficiary of any su deed of trust, or the security assignee
shall give the City befo any default shall have occurred in the
Lease, a written notice ontaining the name and post office
address of such holder and City shall thereafter give to such
holder a copy of each otice of default by the Lessee at the same
time as any notice o default shall be given by the City to the
Lessee, and the Cit will not thereafter accept any surrender or
enter into any mod ication of this Lease without the prior
written consent o 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, eith r this Lease or any extension thereof shall be
terminated t the election of the City prior to the stated ex-
piration t erefor, the.City will enter into a now Lease with the
leasehold mortgagee for the remainder of the term, effective as
of the d to of such termination, at the rent and additional rent,
and on a terms heroin contained, subject to the following
condit ons:
(1) Such mortgagee, beneficiary or
sec rity assignee, shall make written request to the City for
su h new Lease within twenty (20) days after the date of such
t rmination and such written request shall be accompanied by a
ayment to the City of all sums then due to the City under this
LEASE - Page 8
Revised 3/30/79
INITIALS. r ��
LESSEE�. 4v
LESSOR•.
I
_. security ansionee, shall pay to Lliv City, at the time of the
execution and clolivery of such new ioaae, .my and all sums c u
thereunder in addition to these which would at the timo o the
execution and delivery thereof be due under this Loaset ,ut for
such termination and in addition thereto, any reasoua a oxpen::es,
including legal and attorneys' fees, to which the C y -)hall have
boon subjected by reason of such default.
(3) Sucl; mort4agee, eneficiary or
security assignee shall, on or before the a cution and delivery
of such now Lease, perform all the other nditions required to
be performed by the'Lesoce to the exte that the Lessee shall
have failed to perform such conditio
(a) If a lei ng institution or its nominee
or wholly o(,mod subsidiary, cor atioh,shall hold a mortgage,
deed of trdst, or similar se rity interest in and to this Lease
and shall thereafter acqui a leasehold estate, derived either
from such instruments or rom the City, and if such institution,
nominee, or eorporatio shall desire to assign this Lease or any
new Lease obtained f m the City (other than to a nominee or to a
wholly owned subsi ary corporation as permitted by the above
provisions) to a assignoo who will undertake to perform and
observe the co itions in such Lease required to be performed by
the Lessee, a City shall not unreasonably withhold its consent
to such as gnmont and assumption, and any such lending insii-
tution, mince, or subsidiary shall be relioved of any further
liabi y under such Lease from and after such assignment. If the
pro sod assignor shall assert that the City in unreasonably
w holding its consent to any sLoh proposed assignment, such
be ifeeetyed
to the contrary, in order to a d the Lessee in the financin
the improvements to be situated herein, City agrees tha tho
event the proposed mortgagee, beneficiary or securi ssignee
under any interim or permanent loan on the seeu of the lease-
hold interest of the Lessee and the improve s to be situated
thereon so requires, the City will make rcasonabie effort to
amend this Lease in order to satin such requirements upon the
express condition and underst ng, however, that such variance
in language will not mate ly prejudice the City's rights
hereunder nor be suc to alter in any way the rental obliga-
tions of the Les hereunder nor its obligations to comply with
all existin ws and regulations of the City relating to the
leasin airport lands, and to all applicable Pederal statutes,
ru , and regulations, and all covenants and _conditions of the
35. 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
promises or the sidewalks, alleys, streets, and way adjacent
thereto or any buildings, structures, fixtures and improvemonts
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.
Lossoo agrees to hold City financially harmloss;
(a) Prom the consequences of any violation
of such laws, ordinances and/or regulations; and
(b) Prom 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 conducted on said premises or
any use to -be made thereof contrary to any law, ordinance or
regulation as aforesaid with respect thereto.
LEASE - Page 9 INITIALS
Revised 3/30/79 LESSEEiP11'
LESSOR
1 ,
41. PROTECTIO:l Or SUBTENANTS: To ' SUBTENANTS: 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, ex-
piration or surrender of this Lease (the ground lease), the City
will accept the Subtenant, its successors a:ul assigns, as its
lessoe 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 between the City and the subtenant with -the same force
and effect as though such sublease was originally made directly
between the City and such subtenants 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.
42. SUCCESSORS IN INTEREST: This Lease shall be
binding upon and shall inure to tKe-be—n-eTTt of the respective
successors and assigns of the parties hereto, subject to such
specific limitations or assignment as are provided for herein.
43. GOVERNING LAW: This indenture of Lease shall
be governed in all respects y t e laws of the 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 deliv-
ered personally or mailed by certified or registered mail in a
prepaid envelope addressed to the parties at the address set
forth in the opening paragraph of this lease unless such address
has been changed pursuant to sub -paragraph (b) hereafter, and in
that case to the most recent address so changed.
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 addressee 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.
45.
�•
00
event of cancellation orforfeiture o TVPa lease , e
holder of a properly recordod mo a c.f trust, conditional
assignment or coil gnment will have the option to
ac ase for the unexpired term thereof, subject to the
46. ENTRY AND RE-ENTRYs 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
LEASE - Page 11 INITIALS (:,;
REVISED 1/21/80 LESSOR1
LESSOR
...- ... ._ � ..•.•,-,inn � :�,
I
:v
t
f
54. UNLAWFt1L t1SE PROHIBITED Lessee shall not
allow the loasehold premises to be used for an unlawful purpose.
55. APPROVAL OF OTHER AUTHORITIESs The issuance 1
by the City of Leased -does not raliove the Lessee of responsibil-
ity of obtaining licenses or permits as may be required by duly 1
authorized Borough, state or Federal agencies.
alleald it be
vary to re -assign �Lessee to a orent area of the airpo
terminal, the parties agree As follows: At loast t 30) days
written notice, in advance of such roassignm , s all be provided
to Lessee. The costs of rolocation, Ing the costs of
moving and setting up counter a atod facilities, shall be i
borne by the airport for and may, upon the agreement of the
parties, be shbt�r � from the monthly rent due by Lessee to the
Airport to 1. Should reassignment and relocation be necessary,
Less all be provided and afforded equivalent space, in terms
IN WITNESS WHEREOF, the parties hereto have here-
unto set their hands, the day and year stated in the individual
acknowledgments below.
LESSORS
CITY OF KENAI
Byt
Wm. J. Brighton, City Manager
LESSEEt
GLACIER S E ELEP104P C lPANY
(if Lessee is a corporation) tl /� v,f ifr Ale
-
(if /- 2 �U QQ
Title
STATE OF ALASKA )as
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared WILLIAM J.
BRIGHTON, 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.
GIVEN UNDER MY HAND ANC, SEAL OF OFFICE, this _ day of
19_
Notary Public in and for Alaska
My Commission Expiress
LEASE - Page 13 INITIALS f�
REVISED 5/19/80 LESSE$sla.
LESSOR
• t^
r
Approved as to Lease form by City Attorney
(Initials) -
Approved by Finance Cirector �Crj41
InLt als)
Approved by City Manager }�y
InLt M !s)
LEASE APPROVED BY City Council this _ day of , 19
city Clark
LEASE - Page 15
REVISED 11/13/79
nirTIALS .
LESSEE:OX;,
LESSOR:
y
..v..._ - ter- . _ r .-
J
LEASE OF
AIRPORT LANDS OR FACILITIES
THIS AGREEMENT, entered into this day of
19 , by and between the CITY OF KENAI, City Hall,
P. O. Box 80, Kenaii, Alaska 99611, a home -ruled municipal
TESORO A�ASKAN PETROLEUM ,CORPORAT ON, B�X 6272e ANCHOUd. 010 99,02
ero na ter ca o Losses.
ghat the City, in consideration of the payments of
the rents and performance of all the covenants herein contained
by the Lessee, does hereby demise and lease to the Lessee the
following described property in the Kenai Recording District,
State of Alaska; to wit:
OFFICE SPACE NUMBER TEN (190 SQUARE FEET), FIRST FLOOR, TERMINAL BUILDING,
KENAI MUNICIPAL AIRPORT, AS DESCRIBED IN THAT CERTAIN DEED FROM THE USA
TO THE CITY OF KENAI FILED IN BOOK 270, PAGE 303, KENAI RECORDING DISTRICT
(SEE ATTACHED DIAA
issued is:RI�I)PURPOSEs The
purpose for which this Lease is
OFFICE SPACE
1 8. TERM: (1) The term of this Lease is for
yearWv comment on the 1st day of July ,
6'ie r§ W , to the 30th day of J; T98r- ; at the
annuaViental o7l"60.80 Plus a —"
441 ____ -ease- may
-ks-e t
Lessee for successive periods of years eacl
giving written notice to the Lessor not7ess (6) months
prior to the expiration of the then e g term. Each extended
term shall be on the same ter conditiona ae provided in
this Lease for the i erm. Lessee will not be permitted to
extend the eyond the extended term. Any termination of
thi uring the initial term or during any extended term ,(
C. PAYMENT:
The rental specified herein shall
be payable as follows:
of the be eom ut�from suc a of ► 19 , and ent shall s ,%f'
p , , at the rate of
$ or days, equals-
_ -
(2) Annual rent for the fiscal year beginning
July 1 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 opL aL 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 there-
after.
(3) Rental for any period which is less than one
(1) year shall be prorated based on the rate of the last full
year.
(4) The rent specified herein is based on a rate
of 68 of fair market value and is calculated as foliows: 190
square feet at $ •86 per square foot per year, or $ 1960.80 Plus tax.
per year.p-—
LEASE - Page 1 INITIALS 1 1
REVISED 3/6/80 LESSEE:'
LESSORS
1'
� - - � _ _ _ ,- -.— _ , , - ,�-• --�� --v-w. `. `may
(5) in addition to the rants specified above,
subject to General Covenant No. 9, the Lessee agrees to pay to
the appropriate parties levies, assessments, and charges as
hereinafter provided:
bepefltinn.seper, uy 40 the -amount of c
inbeteab-aE-oE. i
-!he-Lesaow. o'(
(c) Soles tax now enforced or levied in the
future computed upon rent payabla in monthly installments whether
rent is paid on a monthly or yearly basis.
ments levied'in y o Kenai, as if Lessee was
(a) 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.
D. GENERAL COVENANTS: 1. USES: Except as
provided herein, any regular use o 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 passenger terminals, automobile parking
areas, and streets.
2. USES NOT CONTEMPLATED PROHIBITED: Solicitation
of donations or the promotion or operation oany 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.
3. ASSIGNMENT: (Not for collateral purposes)
Lessee with City's written consent, which will not be unreason-
ably denied, may assign, in whole or in part, its rights as tsdk�`.
Lessee (Leasehold Estate) hereunder �N'' ''��s1i
Any assignee
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 duti::s and obligations
hereunder.
9. SUBLETTING: Lessee may sublet part or all of
its interest in the eat ssei'oldd 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.
S. TREATMENT OF DEMISE: The Lessee agrees to
keep the promises 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 expiratia,
LEASE - Page 2 INITIALS;. ,
Revised 2/5/80 LESSEE:
LESSSOR
of the term fixed, or any sooner determination of the Lease, the
Lessee will peaceably and quietly quit and surrender the promises
to the City.
6. PAYMENT OF RENTS Chocks, bank drafts or
postal money orders shall be made payable to the City of Kenai,
and delivered to the City Administration Building, Kenai, Alaska.
7. CONSTRUCTION APPROVAL AND STANDARDSt Building
construction shall a neat an presentable and compat ble with
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.
' 8. DEFAULT - RIGHT OF ENTRYs 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 dofaults, 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.
for a term in excess of five 5) years, the amount of rents or
fees specified herein shall, at the option of either party, b
subject to redetermination for increase or decrease based o he
percentage rate (set in C4 above) of fair market value at ntervals
of five (5) years from the 1st day of July preceding th effective
date -of this'Lease. No increase or decrease in the a nt of
rents or fees shall be effective, except upon thirty 30) days
written notice. 'Fair Market Value is defined as " e highest
price estimated in terms of money which a proper will bring if
exposed for sale on the open market allowing a easonable period
of time to find a purchaser who buys with kn ledge of all the
uses to which it is adapted and for which is capable of being
used."
At each five (5) year terval, the City will have
the fair market value determined by qualified independent
appraiser. The redetermined lease to, annual rent, under this
provision shall be limited to a fty (50%) percent increase in
the prior lease rate until the Oth year anniversary of the lease
after which the SO cap prow ion shall no longer apply and the
lease rate shall be redete ned every five years on the basis of
fair market evaluation a ndieated above.
If the essee does not accept the above appraisal
as the fair market lue as of July 1 of the redetermination
year, Lessee shal give notice to City of such refusal within 10
days after deli v ry to Lessee of the appraised valuation and the
rental rate de ved therefrom, and within 10 days after ouch
notice of re sal, the Lessee or the representative of the Lessee
will meet th the representative of the City to select an impartial
appraise from the regular Alaska membership of the Society of
Real Es ate Appraisers or the American Institute of Real Estate
Appra sera, or the successor body of either group who has been
pr rly designated M.A.I. or S.R.E.A., or S.R.P.A., or any
f ure similar designation which denotes proficiency in the
ppraiaal of commercial property and is recognized as such by
-a or their etteeesser bodies
LEASE - Page 3 INITIALS,r ,
Revised 2/29/80 LESSEE:
LESSORSI AND-
as above provided, -therCity and Lvssve ahall each submit t':e ,.
of an appraiser from either of the above groups who ho •.ny of
the above -required desienations but who has not r red an
appraisal on the property subject hereto wi one year prior to
selection, the names will be placol i ontainer, and ono will
be drawn by lot. The parties ha agrao that the appraiser '
agreed upon or so selected be retained for the redetermination
appraisal, that oach will pay one-half of the foe and
expenses of the sisal, that the appraiser will be informed
that he o is being jointly retained by the parties, and that
th a sal rendered will be binding on both parties for that ; J
reo a 'aa��tocni+tiae;ion rat :;curial oabe,
Space %
10. LEASE UTILIZATION: Leased -hands shall be
utilized for purposes within the scope of the appligation (made A
part of this Luse and attached hereto) the terms of the Lease,
and in conformity with the ordinances of the City and Borough,
and id 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. Faiieve he oAseenti " - 0*1,
'= C1�1%0 • 11. CONDITION OF PREMISES: The premises domised
herein rare wAoLmprovod and are leased on an "as is, whore iL"
basis.'
permanent structure shall be placed withwithi eet of the`,f
properly line fronting a p, taxiway, or apron without' i
the wri o the City. This area shall be used for
1
13. 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 submission thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
14. UNDERLYING TITLES The interests transferred,
or conveyed by this ease are su ect to any and all of the
covenants, terms or conditions contained in the instruments
conveying title or other interests to the City.
11. RIGHT OF INSPECTIONS City shall have the
right of all reasons e t mes to enter the premises, or any part
thereof, for the purposes of inspection.
16. INSURANCEs Lessee covenants to Savo the City
harmless from all sett ones; susuits, 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
domised, or privileges granted, and to pay all costs connected
therewith. In this connection, the Lessee agrees to arrange and
pay for all the followings
(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/$500,00.3/$100,000.
LEASE - Page 4 INITIALS.
REVISED 2/29/80 LESSEE: -
(b) Le:sneq agrc(:, to carry smployer$:s liabili_!
insurance and :•lorkmen', Compensation insurance, and to furnish a
^ certificate thereof to the City.
_. (c) �Inuuranco contracts providinq liability
insurance and s•�orkmen Compensation ,hall provide for not less
than thirty (30) days written notice to the City of cancellation
or expiration 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 Liabilitys 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 comppny's liability, but otherwise shall not operate
to limit or,void the coverage of any bne named insured as respects
claims against the same named insured or employees of such other
named insured.
(£) 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.
amount ofge re
he
above may be subjectTto review forinsurance increase atveraeach fiveu(5)d
renegotiation of the Lease. year
furnish the City an lingua sworn statoment of
receipts and/or an annual sworn st ess
of fuel and oil sold t e number of gallon
certificate or statement to
substanti mputation of rents or fees, including reports
18. COLLECTION ON UNPAID 140NIESs Any or all
rents, charges, fees or other considerat on w ch 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, seal 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.
right to grant and control easements n, or abo ��l
No such grant or easement will be mad leased.''i;
interfere with the Lessee's 1 unreasonably
e land, and Lessee shall
have free access a of any and all parking and loading
ri a of ingress and egress now or hereafter appertaining
20. LEASE SUUOROINATE TO FINANCING REOUIREMENTSs
Lessee agrees that C ty may mo ty t is Lease to most revise
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.
21. SURRFNnrR ON •i'FP. UNINTIONs Lessee shall, on
the last day of the term of this Lease or upon any earlier termination
Of this Lease, surrender and deliver upon the promises into the
Possession and use of City without fraud or delay in good order,•
condition and repair, except for reasonable wear and tear since
LEASE - ?ago 5 :UXTrALa
Revised 3/1^/79 LESSEE:
LESSORS
the last naccus y:y repair, replacement, rontoration or renewal,
free and clear of all ieltims and occupancies unless axproesly
pornitted by City in writing, and free and clear of all lienn and
encumbrances other than those created by for loans to City.
Upon the and of the term of this Lease or any
earlier termination thereof, title L•o the buildings and improve_
ments and building equipment shall automatically vast in City
without requirement of any deed, conveyance or bill of sale
thereon. However, if City should roquiro any such document in
confirmation hereof, Lessee shall execute, acknowledge and delivor P
the same and shall pay any charge, tax and fee assorted or imposed
by any and all governmental units in connection herewith. `
22. RULESt Lessee shall obsorve, obey and comply
with all applicable rulas, etc., of the State or Federal Govern -
Monts.
. 23. AIRCRAFT OPERATIONS PROTECTEDt
(a) Thera is horobq 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
the premises heroin conveyed, together with the right to cause in
said airspace such noise as may be inherent 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 for improvements
pursuant to paragraph 7-are approved by the City, the City to the
extent of those improvements releases the easement hero expressed.)
exprossly agrees for itself, its representatives, successor •,�;
• assigns, that it will not erect nor permit the erecti any
structure or object, nor permit the growth of ass on the
land conveyed hereunder, which would be port obstruction t
within the standards established u e pedoraI Aviation
Administration Regulations, 7, as amended. In the event
the aforesaid covenan reached, the City reserves the right
to enter on the conveyed hereunder and to remove the offending
structure jeet, and to cut the offending tree, all of which
sh a at the expense of the Lessee or its heirs, or successors,
I
24. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONS
City hereby agrees and covenants that t e 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 promises, except that any in-
convenience caused by public works projects in or about the
leasehold promises shall not be construed as a denial of the
right of quiet or peaceable possession.
25. LESSEE TO PAY TAXES': Lessee shall pay all
lawful taxes and assessments wh c , using 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 heroin contained shall
prevent Lessee from contesting any increase in such tax or assessment
through procedures outlined in State statutes.
26. SPECIAL SERVICES: Lessee agrees to pay City
a reasonable charge for any special services or facilities required
by Lessee in writing, which services or facilities are not provided
for herein.
LEASE - Page 6 INITIALS • ..'
Revised 3/30/79 LESSEE: "
LESSORS
__ -A
On
(a) Por the purpose of interim or pormancnt
financing or refinaneinq from time to tide of the improvements o
be placed upon the leased premises, and for no other purpose,
Lessee, after giving written notice thereof to the City, may
encumber by morlgago, dead of tru:lt, assirynnent or otilor app opriato
instrumont, LCBnee'd interest in the leased premises and i and
to thin Lease, provided such oncumbranco pertains only to uch '
leaseheld interest and does not pertain to or create any nter-ost
in City's title to the leased promises. rf such mortga , deed
of trust, or assignment Shall be hold by a bank or oth estab-
lished lending or financial institution (which terms all include
an established insurance company and qualified ponsi or profit
sharing trust) and such institution shall acquire t e Lessee's
interest in such Lease as a result of a sale under said encum-
branco pursuant to a foreclosure or.ot:hor remedy f the secured
party, or through any transfer in lieu of forecl sure, or through
settlement of or arising out of any pending or ontemplated
foreclosure action, such lending institutions all have the
privilege of transferring its interest in su Lease to a nominee
or a wholly owned subsidiary corporation wi i the prior consent
of the City, provided, however, such trans roe shall assume all
of the covenants and conditions required be performed by the
Lessee, whereupon such lending instituti shall be relieved of
any further liability under such lease rom any after such transfer.
Such lending institution or the nomine or wholly owned subsidiary
corporation to which it may have tran forred such Lease, or any
other lending inatituticn which may t any time acquire such
Lease, shall be relieved of any fur er liability under such
Lease from and after a transfer of such Lease.
(b) A leas old mortgagee, beneficiary of a
j
doe' f trust or security assi eee, shall have and be subrogated
to any and all rights of the ssee with respect to the curing of
any default hereunder by Les e.
(e) I the holder of any such mortgage, or
the beneficiary of any su deed of trust, or the security assignee
shall give the City befo a 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 o default shall be given by the City to the
Lessee, and the Cit will not thereafter accept any surrender or
enter into any mod fixation of this Lease without the prior
written consent o the holder of any first mortgage, beneficial
interest under first deed of trust, or security assignee, in
. ;
this Lease.
(d) if, by reason of any default of the
Lessee, eit r this Lease or any extension thereof shall be
terminated t the election of the City prior to the stated ax-
s
piration crefor, the City will enter into a new Lease with the
-• leasehol mortgagee for the remainder of the term, effective as
Of the to of such termination, at the rent and additional rent,
and on the terms heroin contained, subject to the following
condi one:
_
(1) Such mortgagee, beneficiary or
se urity assignee, shall make written request to the City for
----.-
s eh new Lease within twenty (20) days after the data of such
ermination and such written request shall be accompanied by a
payment to the City of all sums then due to the City under this
LEASE - Page 8 INITIALS
Revised 3 30/79
• LESSOR:
I
J
0
security assignee, shall pay to the City, c,t tha limo of the `,1 �
oxecution and delivery of :such new 1-ise, any and all sum due
thereunder in addition to those which would at the tima f the'
execution and delivery thereof be due under this Leas , but for
such termination and in addition thereto, any roauo le expenses,
including legal and attorneys' fees, to which the ity shall have
been subjected by reason of such default. ,
(3) Such mortgage , banoficiary or
security assignee shall, on or before the xucution and delivery
of such now Lease, perform all the othe conditions required to
be performed by tho'Losceo to the ext t that the Lessee shall
have failed to perform such conditi s.
(a) if a 1 ding institution or its nominee
or wholly owned subsidiary eo oratioh,shall hold a mortgage,
dead of trust, or similar s urity interest in and to this Lease
and shall thereafter acqu e a leasehold estate, derived either
from such instruments o from the City, and if such institution,
nominee, or corporati shall desire to assign this Loose or any
new Lease obtained om the City (other than to a nominee or to a
wholly owned subs iary corporation as permitted by the above
provisions) to assignee who will undertake to perform and
observe tho c ditions in such Lease required to be performed by
the Lessee, he City shall not unreasonably withhold its consent
to such a ignorant and assumption, and any such lending insti-
tution, omineo, or subsidiary shall be relieved of any further
liabi ty under such Lease from and after such assignment. If the
pro sad assignor.shall assert that the City in unreasonably
w holding its consent to any suzh proposed assignment, such
to the contrary, in order to aid the Lessee in the financi f ;4"q"
the improvements to be situated heroin, City agrees t n the' ; ,
event the proposed mortgagee, beneficiary or secur assignee ./
under any interim or permanent loan on the se ty of the lease-
hold interest of the Lessee and the impro lease -
me to be situated
thereon so requires, the City will m a reasonable effort to
amend this Lease in order to sat such requirements upon the
express condition and unflera ing, however, that such variance
in language will not ma ally prejudice the City's rights
hereunder nor be su a to alter in any way the rental obliga-
tions of the Le a hereunder nor its obligations to comply with
all exist, aws and regulations of the City relating to the
leasin airport lands, and to all applicable Federal statutes,
r , and regulations, and all covenants and conditions of the
"ble to the *8116.
35. CO14PLIANCE WITH WIS: Lessee shall comply
with all applicable laws, or inanCoo, and regulations of public
authorities now or hereafter in any manner affecting the leased
promises or the sidewalks, alleys, streets, and way adjacent
thereto or any buildings, structures, fixtures and improvements
or the use thereof, whether or not any ouch 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) Prom 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 he conducted on said premises or
any ube to be made thereof contrary to any law, ordinance or
regulation*as aforesaid with respect thereto. _
LEASE - Page 9 INITIALS 7
Revised 3/30/79 LESSEE:
LESSOR:
36. CAM: ti:• 11M*M1::1:::i i. srt::c n, at itu own rent
and rxllcnae, :slt.ill. I:cisp the luasi•d •!ii•emiur_::, all improvementu
which it any Llwt! during Out term of thin L-•ase may be situated
thereon, and any and all ippurtvnancea therc:uoto belonrling, in
good condition and repair during the entire term of this cease.
37. LESSM'S 0111MNTT01I TO I{P.110VE L11:1I5s Leszoe
will not permit any 1�.n incluffiRZI, but nut�lIi_Zd _Lo, mechan-
ics', laborers', or materialmon':i liens obtainable or available
under the then existing laws, to stand against the leased promises
or improvements for any labor or material furnished to Lossoo or
claimed to have been furnished to Lesson or to Lessee's agents,
contractors, or sublessoos, 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 sufferance of
Lossee, provided, however, Lessee shall have the right to provide
a bond as contemplated by Alaska law and coritost the validity or
amount of any such lion or claimed lion. On final determination
of such libri-or such claim for lien, Lessee will immediately pay
any judgment rendered with ail proper costs and charges and shall
have such lien released or judgment satisfied at Lessee's own
expense.
or any part thereof shall ba condemned and taken for a pub r.'(:�
a quasi -public use, than upon payment of any award o pensation,/
arising from such condemnation, there shall be division of
the proceeds, such abatement in rant pat uring the term or
any extension of the term hereof, ueh other adjustments as
the parties may agree upon a ng just and equitable under all
the circumstances. If ity and Lessee are unable to agree
within thirty (3 ys after such an award has been paid Into
Court, upo division, annual abatement in rent, and other
adju s are just and equitable, the dispute shall be deter-
39. ARBITRATIONS
(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, ono
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 the other party of
such desire, naming the arbitrator selected by it, and five (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•neithor is in default, appoint within
fifteen (15) days after such request, an arbitrator, or arbit-
rators, 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 dolivared 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 arbitrations) contemplated herein.
40. ST/RRF:IIN-.11- At the expiration of the term
fixed or any sooner termination of the Lease, the Lessee will
peaceably and quietly quit and surrender the premises to the
city.
LEASE - Page 10 INITIALS'•r. -' Ravised 3/30/79 LESSEE:...
• LESSOR s y� •
i
PF 1^
t
,
41. PROTECT103 OF SUBTENANT^a: To protect the
position of any subtanant(s) herearter properly obtaining any
interests in the leasehold estate granted Lessee hereunder, City
agrees that in the event of the cancellation, termination, ex-
piration 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 between the City and the subtanant with•tho 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.
42. SUCCESSORS IN INTEREST: This Lease shall be
binding upon and shall inure to t e bene t of the respective
successors and assigns of the parties hereto, subject to such
specific limitations or assignment as are provided for herein.
43. GOVERNING LAW: This indenture of Lease shall
be governed in all respects by the laws of the 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 deliv-
ered personally or mailed by certified or registered mail in a
prepaid envelope addressed to the parties at the address set
forth in the opening paragraph of this lease unless such address
has been changed pursuant to sub -paragraph (b) hereafter, and in
that case to the most recent address so changed.
by registered or certified mail, to any leas er (mortgag,
beneficiary of a deed of tr assignee) who shall havd
given the C such mortgage, deed of trust or security
SAO
(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.
event of cancellation or force ture of a lease a, th'r
holder of a properly recorded mor of trust, conditional
assignment or collat gnment will have the option to
acquire _ e or the unexpired term thereof, subject to the
46. ENTRY AND RE-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
LEASE - Page 11 INITIALS_•
REVISED 1/21/80 LESSEES
LESSOR:
v
or any part thor„oY ahould ho •1 by Lho Lenuue during th,:
said term, the 1,w!.;or or it:; ayentr•, servantu, or ropresentativc:::
`1
mny, ilmncdi.stc•ly or any tiwo thore.cltc-r, rc-ontcr and r.aoumo hos:-
_'
session of said landu or such part hereof, and remove all porscat:
and prol,crty therefrom, Tither by rwiun.sry proceedings or by a
suitable action or proceeding at late uiLhOuL bcind liable for any
damagen therefor. 1.0 re -cm try by the Lounor ::hall be doomed an
acceptance of a surrender of the Lcasc.
47. FOR1'C1•PURsi OF RENTAL% In the event that the
Lease should be teruunutc;d t�eecauuu of an'y breach by the Lessee,
as heroin provided, the rental payment last made by the Lessee
shall ba forfeited and reLained by the Lossor as partial or total
liquidated damages for said breach.
49. WRITT12.1 WAIVER: The receipt of rent by the
Lessor with knowl.cdge of any broach of the Lease by the Lessee,
or any dofa4t on the part of the Lessee in observance or performance
of any of the conditions or convonants of the Lease, shall not be
doomed to be a waiver of any provisions of the Lease. No failure
on
on the part of tho 'Lessor to enforce any.covenant or provision
contained, nor any waiver of any right thereunder by the
Lessor, unless in writing, shall discharge or invalidate such
covenants or provisions, or affect the right of the Lessor to
enforce the same in the event of any subsequent breach or default.
The receipt, by the Lessor, of any rent or any other sum of money
after the termination, in any manner, of the term therein demised,
or after the giving by the Lessor of any notice thereunder to
effect such termination, shall not reinstate, continue, or extent
the resultant term therein demised, 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 the
rek:eipt of any such sum of money or other consideration, unless
- ^- - -
so agreed to in writing and signed by the Lessor.
49. EXPIRATION OF LEASEi Unless the Lease
renewed or sooner term natod as prov dad heroin, the Lessee shall
�✓
peaceably and quietly leave, surrender and yield up unto the
Lessor all of the leased land on or before the last day of the
term of the Lease.
50. BUILDING AND ZONING CODESs 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.
51. FIRE PROTECTION: The Losses will take all
%
j
reasonable precaution to prevent and take all necessary action t
suppress destructive or uncontrolled fires
an I eased han4sr and comply with all laws, regulations and rules `S.l'
promulgated and enforced by the City for fire protection within'
the area wherein the leased premises are located.
gas, and other minerals and all deposits of stone or gr
-.»..•.► .. _
valuable for extraction or utilization and all ma a subject -
to Title II, Division I, Chapters 4, 5 and tha Alaska Adminis-
.
trative Code arc excepted from the o on of a surface Lease.
Specifically, the Lessee of t ace rights shall not sell or
remove for use elsewher timber, steno, gravel, post moss,
topsoil, or any o material valuable for building or com-
mercial pur : provided, however, that material required for
the opment of the leasehold may be used if its use is first
53. MUTUAL CANCrLLATI0:i: Leases in good standing
may be cancelled in whole or in part at any tisrr_ upon mutual
written agreement by Lessee and the City Council.
LEASE - Page 12 INITIALS_r;
REVISED 3/30/79 LESSEES
LESSOR:(
f
54, U:iL4NWFr1L fISE PROHIBITED: Lessee shall not
allow the leasehold promi3ou to be Quad for an unlawful purpose.
55. APPROVAL OF OTIIER AUTHORITIES: The issuance
by the City of Leases does not relieve the Lessee of responsibil-
ity of obtaining lieannas or permits as may be required by duly
authorized Borough, State or Federal agencies. ;
56. REASSIC:JMENT/RELOCATIONS Should it be neces-
sary to re -assign Lessee to a d i aront area of the airport
terminal, the parties agree as follows: At least thirty (30) days
written notice, in advance of such reassignment, shall be provided
to Lessee. The costs of relocation, including the costs of
moving and setting up counter and related facilities, shall be
borne by the airport terminal and may, upon the agreement of the
parties, be subtracted from the monthly rent due by Lessee to the
Airport tarmiaal. Should reassignment and relocation be necessary,
Lessee shall be provided and afforded equivalant space, in terms
of both area and location, as that which it ppresentl cc dies, to
the extent found feasible by the Airport Operations Manager. l
IN WITNESS WHEREOF, the parties hereto have �kere-
unto set their hands, the day and year stated in the indibidual
acknowledgments below.
LESSORt
CITY OF KENAI
By:
• LESSEE:
Tesoro Alaska Petroleum Company
BY: 12
(If Lessee is a corporation) Richard J.' Downey ,
ATTESTS Senior, Vice' President 1
Title
STATE OF ALASKA 1
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared WILLIAM J.
BRIGHTON, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ,_ day of
. 19_
Notary Public in and for Alaska
My Commission Expirost
LEASE - Page 13 INITIALS .
REVISED 5/19/80 'Inp
• .a
rk
Approved as to Lease form by City Attoi
Approved by Finance Director
Approved by City Manager
LEASE APPROVED BY City Council this
C t—y cle,
LEASE - Page 15
REVISED 11/13/79
DAT1+Ds •July 19, 1979
00
NOT TO SCALE
rs
I
•' �'' tt0.
ROOtt
Current Use
Room No.
�-.
Current Use
1-6
Lounge and We
]G
15
Pnllar Rent-A-Car
11ortz Counter
7
♦r g
Janitor's Room
FAA Equipment Room
17
KAS Counter
•+"••%• g
I'AA Office Space
18
AAI Ticket Counter
AAI Office Space
10
Tesoro Office Space
19
20,21,22,27
City of Y.enai offices
• 11
Ro
fan Room
om
23
AFreight Counter
An
BoiFan
Room
24
AAI Freight Office
-
13
14
tt�n's Restroom
Women's Restroom
25,30
Cargo Area
28
Avis Counter
.
29
tion
Andy stf gervifery ce
31
Raven Transit
32
f
I
LEA SC OF
AIPPORT LAMS ORyAcri.mrs
THIS ACREEMUT, anternd into this day of
. 19 , by and between the CITY Or KE:tAi, City Hall,
p. 0. Bsox o580, Kn1naiio Alauka 99611, a home -ruled municipal
corpoaHE FIEaT�tCOV�RAT16Nh o 1 "C ty " a d
i .
oresnatter cal ed "Lessee.
7I1at the City, in consideration of the payments of
the rents and performance of all the covenantrs herein contained
by tha Lessee;, floes heroby damisa and Lease to the Lossee the
following dcfi, rLbed property in the Kenai Recording District,
State of Alaska; to wit:
SPACE #16 CONSISTING OF 42 SQUARE FEET (SEE ATTACHED DIAGRAI4).
FIRST FLOOR, TERMINAL BUILDING, KENAI 14UNICIPAL AIRPORT.
A. PURPOSES The purpose for which this Lease is
issued iss
PARKING SPACE FOR RENTAL CARS AND COUNTER SPACE FOR RENTAL OF CARS AND
SALES OF PERSONAL ACCIDENT -INSURANCE.
8. TERM; (1) The terse of this Lease is for
1 yearn, eommen=nq on the 1st day of July ,
I9 , to the 30 day of June ,1wi at the
annual rental o8.96
by
Lessee for successive periods of years eac
giving written notice to the Lessor not mesa t� s (6) months
prior to the expiration of the then ex teerm. Each extended
term shall be on the same term conditions as provided in
this Lease for the ini erm. Lessee will not be permitted to
extend the Lea nd the extended term. Any termination of
this L ring the initial term or during any extended term
C. PAYMITs 8esli}eet-te Lie -terms of 8enerex
Me tf;;9:99'de, The rental specified herein shall
be payable as tollewss
of the da(1) Right of entry and occupancy is authorized as
Y . 19� ui'v
seew ue: day leer ds". egaaie 9�—
(2) Annual rent for the fiscal year beginninq
July 1 and ending June 30 shall be payable in advances 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 baginning of each now 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 there-
aftor.
(3) Rental for any period which is loss than one
(1) year shall be prorated based on the rate of the last full
year.
i
of 68 of fair market value and to ca owls
square feet a square foot per year, or S
INITIALS
LESSEE
LESSOR•
3
`�.
� (5) In addition to the rnnta apncs.fiod ibovcs,
eubjnct to Concral Coven•snt No. '), thrs Luaaoo agroos to pay to
the appropriate parties luviou, 4a3053mnnta, and charges an
horeinaftor providads R,
in! Anfles4milmato Gas Psshiie
7
ww
(e) 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 bast*.
k
.
(a) Interest at the rate of eight percent (88)
per annum and ten percent (10.) penalties on any amount of money
owed under this Lease which to not paid on or before the dato it
becomes duo.
(f) Additional charges, if any, as sat forth in s
Schedule A, attached. ,
D. GEtlERAL COVENANTSs 1. USESs Except as
provided herein, any regular use of lands err acilities without
the written consent of the City is prohibited. This prohibition
shall not apply to use of areas designated by the City for specified
publf4 uses, such as passenger terminals, automobile parking
I areas, and streets.
2. USES NOT CONTM4 ATED PRONIAITEDs Solicitation
of donations or the Promotion or oparat on 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.
3. ASSIIMENTs (Not for collateral purposes)
I., Lessee with City's ws t— 'ton consent, which will not be unroason-9
ably denied, may assign, in whole or in part, its rights as
Losses (Leasehold Estate) hereunder
Any assignee 000k9nee's few
4eeeead as 4h c�ptary of part or all of the leased premises i
shall assume the dut es and obligations of the Losses 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. SUDLETTIMs Lessee may sublet part or all of
its interest in thelon la premises without prior City approval,
except that Losses agrees to send a copy of his executed sublease
to the City within 10 days after its execution. In addition, ail
subleases are subject to tbo torms and conditions of the main -
lease, and no subletting shall affect the obligation of the
Lewes to perform all of the covenants required to be performed
by the Losses heroin.
S. TREATMENT OP DEMISES The Losses agrees to
keep the premises c can and Ln good or or at its own expense,
suffering no strip or waste thereof, nor removing any material
therefrom, without written permission of the City. At the expiration
j LEASE - Pago 2 rVITIALS
i Ravissd 2/S/80 LESSECS
LESSSORt
i
V -
f i
i
r. I
� I
i
t
of the tern fixed, or any sooner determination of the Lease, the
Lessee will peaceably and quaotly quit .and surrender the premissas
to the City.
6, PAY11FUT AF RF:JT, Checks, bank drafts or
postaL money orders sha 1 ba made pay.•sblo to the City of Kenai,
and delivared to the City Administration Building, Kenai, Alaska.
7. CONSTRUCTIOSJ APPROVAL AUD STAgDARDSs Building
construction shall 6e nowt and presentable and compatsblo with
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 Planninq Commfusion which shall be aapruved in writing for
all permanonq improvementu.
�! 8. DEFAULT - RICHT OF EUTRYs Should default be
made in thb paymont•ot any portion of the rant or foes when due,
or in any o£ 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}p
therefrom. V _
SA%
for a term in excess of f•ve (5) years, the amount of-rent7nolt
fees specified herein shall, at the option of either partysubject to redetermination for increase or decrease based
percentage rate (set in C4 above) of fair market value a intervals
of five (5) years from the lst day of July preceding t effective
date.of this Lease. No increase or decrease in the ount of
rents or foes shall be effective, except upon thirt (30) days
written notice. Pair Market Value is defined as " he highest
price estimated in terms of money which a prope y will bring if
exposed for sale on the open market allowing reasonable period
of time to find a purchaser who buys with ka ledge of all the
uses to which it is adapted and for which is capable of being
used."
At each five (5) year terval, the City will have
the fair market value determined by qualified independent
appraiser. The redetermined lease ate, annual rent, under this
provision shall be limited to a fty (500) percent increase in
the prior lease rate until the Oth year anniversary of the lease
after which the 508 cap prov on shall no longer apply and the
lease rate shall be redete ned every five years on the basis of
fair market evaluation as ndicated above.
If the eases does not accept the above appraisal
as the fair market v us as of July 1 of the redetermination
year, Lessee shall ive notice to City of such refusal within 10
«.•:: days after doliv y to Lessee of the appraised valuation and the
rental Cato der ed therefrom, and within 10 days after such
notice of ref ai, the Lessee or the representative of the Lessee
will meet w h the representative of the City to select an impartial
appraisor ram the regular Alaska membarship of the Society of
Real But a Appraisers or the American Institute of Real Estate
Apprai rs, or the successor body of either group who has been
prop y designated M.A.I. or S.R.E.A., or S.R.P.A., or any
fut a similar designation which denotes proficiency in the
a raisal of commercial property and is recognized as such by
LEASE - Page 3
Revised 2/29/80
INITIALS
LESSEE:
:
as above pro:•tded. th•a C:t7 an., .oss.se anal! aach zubut •�., ..-,:
of an acprasaor frsa etther of th-i lbovo irrnsi%s •.rho .1- o:
t
the abu:o-rc.;utr�: d�r:str.r-itcon. but who ha.. not c.^.rod~in
appraisal on the prsp.trt, subpxt ,viecto ws s ono �
year pctoC `.
select um. the nar..en will be placed ► contatn�r, and omi will
be drawn by lot. Thu parttea h•• I U r,-.1 that the appratz:or 1
agroed upon or :to nalactc I
bu rotain•sd for thu rudot•:rmtnat:us
appraisal, that each y will pay ono -half of the fcc and
expenses of the rc:ratsnl, that the ap):raiaor will bo informed
that he o u is being Jointly retained by the partlos, anti that
the raLaal rendered will be binding on both partte foc that
space
L0. LCAJI: nTa.i."..NTTe):Js LIN ;od "on"tt shall be
uti;lisad for ilurpo::as wttntn the 3e0ju., of thu appligation (made a
part of thid Xuze and attached hcroto) the tcr... s Of the Lrenze,
and in costf,arastt wigh the ordinasseeo of the City and Borough,
and in sub iantial conformity with the comprehensive plan.
Uttlis:at=on or davalopment for other than t:so allownd uses shall
eonstttuta a violation of the Lease and sub`•cat the Lease to
eancallatioss at any time.
Rev 'j4,4
11. CORITIM qF PRC:•tIS£Ss The premises demised J
herein are anisaprove and are lease on an "as is, whore is"
basis.
permanent structure shall be placed within f .• eet of the '
property line fronting a Ian ; __r, caxi,ray, or apron without
the written an a City. This area shall be used for
13. 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 submission thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
14. UNDERLYING TITLES The interests transferred,
or conveyed by this ease are subject to any and all of the
covenants, terms or conditions contained in the instruments
conveying title or other interests to the City.
15. RZOHT OP INSPECTION: City shall have the
right of all reasona le t mos to enter the premises, or any part
thereof, for the purposes of inspection.
16. INSURANCE: Lessee covenants to save the City
harmless from all act on,,
suits, liabilities, or -damages resulting
from or arising out of any acts of commission or omission by the
Lessee, his agents, employees, customers, inviteca, 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, tho Lesseo agrees to arrange and
pay for all the following:
(a) Public liability insurance protecting both
the City and/or its agents and the Lesseo, such insurance to be
evidenced by a certificate showing the insurance in force. The
amount of such public liability insurance st211 have limits not
less than those known as 52,o,000/�500,000/510o,000.
LEASE - Page 4 I11MALS
RElISEO 2/29/80 LESSEE:
LESSOR:1_42E�Z
f
(b) Lessurt agrev!; to care; oriployer';; liability
insurance and Y.ur. r,een'a Compensat.wi insurances, and to furnish .4
certificate thereof to Lhe City.
j(c)
Insurance contracts pr»viding Liability
insurance and t:e>rkmen'a Compcnzation zhall provide for not less
than thirty (30) days written notice to the City of cancellation
or expiration or subutantial chanrio in policy conditions and
coverage.
(d) Lessee agrees that waiver of nubrogation a
against the City shall be requested of Lessee's insurer, and
shall be provided at no cost to the City.
(a) Crons Liabilitvs It is understood and
agreed that the insurance ai oracd by this policy or policies C-ar
more than one named insured, shall not operpto to increase the
limits of the company's liability, but othorwioo shall not operate
to limit orivoid the coverage of any one named insured as respects
claims agaiftst the same named insured or employees of such other
named insured.
"
(f) The insurance procured by Lessee as heroin
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 J :
-••-- •. - - - renegotiation of the Lease.
�
17. ACCOUNTI:JG OSLIGATiONs Lessee agrees to V
furnish the City an annual sworn statoment of gross business
- receiptsejelleasi
and/or any certificate or statement to
substantiate the computation of rents or fees, including reports
to other governmental agencies.
18. COLLECTION ON UNPAID MONIES: Any or all
"
rents, charges, fees or other cons eration wh eh are due and
i
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 entoreemente
by distraint may be made by the City or its authorized agent. 14,
AOL
OA1=811T .'RANT ovnaf.t,wt.. wt b.. ..
right to grant and control easemonts n, or above leased.
No such grant or easement will be made unreasonably
's 3n-e
interfere with the Lossoef-t a- land, and Lessee shall
have free access a any and all parking and loading
` "+
._.. , ... ....... rights o ingress and egress now or hereafter appertaining
tarF�ie-3•eased i+remises.
20. LEASE SUDORDINATE TO FINANCING REQUIREb1ENTSs
._
Lessee agrees that C ty�dity th s Loaso 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.
21. SURRENDER 07 TE3011NATIONs Lessee shall, On
the last day of the term of th s Lease or upon any earlier termination
of this Lease, surrender and deliver upon the promises into the
possession and use of City without fraud or delay in good order,'..
t
condition and repair, except for reasonable wear and tear since
=
LEASE - Pago 5 INITIALS
Revised 3/30/79 LESSEE
r
LESSOR:
I
ff
IL
r
•
I
!I
!
4
l'
A
f (aI Vor the purpaae of intcrim or=e/nmy
financing or rofMincinu from ti:'r Lo tLrw si the iwj)rovebe p1aceJ upon Lha lawod premireu, and for no other purrLeSUL-o, after (living written notice thera��f to the Cit„ encumber by mortna•►e, deed of tru:it, asuinnnnnt or other ta
instrument, Lanuce'u interest in the leane.J premLuos and to this► Lease, provided ouch encumbrance (•artalnsonlytoa
loasehold interest and does not portain to or croatu any sue"
in City's title to the leased promises. If nuch mortga e, deod
1 of trust, or asnignmont shall be hell by a bank or nth s ,tstab-
lished londinq or financial institution (which terms .hall include
an established inuuranco company and qualified pensi n or profit
sharing trust) and such institution shall acquire t o Lessee's
interest it such Lea -so as a result of a sale under said encum-
branco pursuant to a foreclosure or other romedy f the secured
party, or.throuq)s any transfer in lieu of forecl sure, or throuch
settlement of or arising out of any pending or ontomplated
forerlosuxa action,' such lending institution s all have the
privilege of transforring its interest in su Lease to a nominee
or a wholly owned subsidiary corporation wi the prior consent
of the City, provided, however, such trans roe shall assume all
of the covenants and conditions required be performed by the
Lessee, whoroupon such lending instituti ► shall be relieved of
any further liability under such lease om any after such trans°er.
Such lending institution or the nomine or wholly owned subsidiary
corporation to which it may have tran'• orrod such Lease, or any
other lending institution which may any time acquire such
Lease, shall be reliovedsof any fur or liability under such
Lease from and after a transfer of uch Lease.
_. ,»..• .�.« ::,+ M1••�: ',.=, (b) A lease Id mortgagee, beneficiary of a
deed of trust or security assig eee, shall have and be subrogated
i to any and all rights of the L ssee with respect to the curing of
any default herounder by Less e.
(c) If he holder of any such mortgage, or
the beneficiary of any suc deed of trust, or the security assignee
shall give the City bafor any default shall have occurred in the
Lease, a written notice ontaining the name and post office
address of such holder, and City shall thereafter give to such
holder a copy of each tice of default by the Lessee at the same
time as any notice of default shall be given by the City to the
1 Lessee, and the City ill not thereafter accept any surrender or
enter into any modi ication of this Lease without the prior
` written consent of the holder of any first mortgage, beneficial
1 intorost nndor a trot deed of trust, or security assignee, in
hhhh this Lease.
(d) if, by reason of any default of tha
Lessee, oLthe this Lease or any extension thereof shall be
terminated a the election of the City prior to the stated ex-
' s piration th refor, the City will enter into a new Lease with the
leasehold ortgagee for the remainder of the term, effective as
of the da o of such termination, at the rent and additional rent,
and on t e terms heroin contained, subject to the following
conditi ns s
(1) Such mortgagee, beneficiary or
secu ity assignee, shall make written request to the City for
suc now Lease within twenty (20) days after the date of such
to urination and such written request shall be accompanied by a
p yment to the City of all sums then due to the City under this
c
y
I
LEASE - Pagc 8 I41TIALS
Revised 3/30/79 LESSOR:
• ... LESSOR: �
27
security as:+iun'!c, shall o Lhc• Cit}, :ct,tho r.ii:c: oY the
execution and -holiverj of -,uch r,c'rr lcar:u, .env ,end .ill auras
thereunder in addition Lo thoue which would at the time o' the
execution and delivery Lhur.•at be dtic und(:r Lhia Leanuc wt for
such termination and in Addition thereto, any rna::om cs vxt,011 .•a,
including legal and attorneys' feoet, Lo which the ry !:hall hay.i
been nub)ected by roaaon of such default. a
(3) Such mortctagco oneficiary or
security assicmce shall, on or before the ucution ind dolivery
of such now Lease, perform all the other •onditions required to
be performed by Lho•Le::sce to the erte that the Lo:sseo shall
have failed to perform such eonditon .
(e) if a le sing institution or its nominee
or wholly, owned subsidiary, car oration shall hold a mortgage,
deed of b'rttin, or similar se rity interest in and to this Lease
and shall. thereafter acqui e a leasehold estate, derived either
from such instruments or from the City,'and if such institution,
nominee, or corporati shall desire to assign this Lease or any
now Lease obtainod am the City (other than to a nominee or to a
wholly owned subs iary corporation as permitted by the above
provisions) to assignoo who will undertake to perform and
observe the c ditions in such Lease required to be performed by
the Lessee, he City shall not unreasonably withhold its consent =
to such a ignment and assumption, and any such lending insti-
tution, ominoo, or subsidiary shall be relieved of any further
liabi ty under such Lease from and after such assignment. If the
pro sod assignor shall'assert that the City in unreasonably
w hholding its eonsortt to any sash proposed assignment, such
to the contrary, in order to aid tho Lessee in the financi f
the improvements to be situated heroin, City agrees th n the
event the proposed mortgagee, beneficiary or secur assignee
under any interim or permanent loan on the sepwrty of the lease-
hold interest of the Lessee and the impro ants to be situated
thereon so requires, the City will ma a reasonable effort to
amend this Lease in ardor to sati such requirements upon the
express condition and enders ng, however, that such variance
in language will not mat Lly prejudice the City's rights
hereunder nor be sue s to sitar in any way the rental obliga-
tions of the Les hereunder nor its obligations to comply with
all existin we and regulations of the City relating to the
leasin airport lands, and to all applicable Federal statutes,
rul and regulations, and all covenants and conditions of the
35. 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
promises 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 harmlosst
(a) From the consequences of any violation
of such laws, ordinances and/or regulations; and
(b) Prom 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 conducted on said premises or
any use to be made thereof contrary to any law, ordinance or
regulation as aforesaid with respect thereto.
LEASE - Pago 9 INITIALS
Revised 3/30/79 LESSECt
TA_-
41. :o protect the
position of any subtunant(.$) neruartur properL, obtaining any
interests in the Leasehold estate vranted heroundor, City
agrees that in the avont of the cancellation, termination, ox-
Piration or surrender of this Leave (the ground Lease), the City
Will accept the Subtonant, its successors and 333i•ins, 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 inconsiutont with any of the terms and
conditions of this Lease, provided such subtenant shall make full
and complete attarnment to the City for the balance of the term
of such sublease so as to establish direct privity of estate ants
contract botwpen the* City and the subtanant with - the same force
and effect ast though such sublease was originally made directly
between the City and. such subtenant; and further provided such
subtenant 4graes 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.
42. SUCCESSORS IN INTEREST: This Lease shall be •
binding upon and shall inure to the bettafit of the respective
successors and assigns of the parties hereto, subject to such
specific limitations or assignment as are provided for herein.
43. GOVERNING LATI: This indenture of Lease shall
be governed in all respects by the laws of the State of Alaska.
44. NOTICES: p�
(a) Any notices required by this Lease shall f.
be in writing and shall be deemed to be duly given only if deliv-
ered personally or mailed by certified or registered mail in a
prepaid envelope addressed to the parties at the address set
forth in the opening paragraph of this lease unless such address
has been changed pursuant to sub -paragraph (b) hereafter, and in
that case to the most recent address so changed.
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.
event of cancellation or fore Cure o a ease e, the
holder of a properly recorded mor �e of trust, conditional
assignment or eolla gnmont will have the option to
acquire a or the unexpired term thereof, subject to the
46. ENTRY AND RE-F.NTRYt 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
LEASE - Page 11 INITIALS
REVISED 1/21/80 LESSEEt
LESSOR:
T-1 . . ........
or any p., rt t1wn :iwiula !-o ibum! iii, ! In, 1-i! , Lurs--to .It irits(I tli
0.Wj tCL;:I. Q1,j, I,. %-or. �r I L ur ral, roo-on tat I,.*,::.
May, -I- 'Iny r,7--.,jjt,_r and j*,�.;u;,.,j !)n;:-
saauion of Said )astir, or nuch I •irt Lh,.;rcof, iij.1 remove ill pnr:;un.-.
and property thertA rom, oi thor by iw; ..,t iry prrj-.o,!dLwj.-, or 1)y a
nuit.sbl-t action or procvetijivi at WW %:Winut !wInci lkalplo for in".
damaqvq therefor. No re-entry by tht.- Lessor :31.111 by duom,'-d an
accept.inca of a -.airrendur ol the Lea".
47. FO1W1*Y'V(1Rv OF VENTALt Its the event Lh3t the
Lease ubould be tertal—natcTi breach by tho Litsace,
as herein provided, the rental payment last made by the Latssee
shall W forfoitt;d and retained by the Lessor as partial or total
liquidated damages for said breach.
48. %,:RTTTI:I.l t:ATVt;R: The roccipt of rent by the
Lessor with knowledcio OL any breach of the Es,;a:*a by the Loocoo,
or any default on the part of the Luuime in obzervance or performance
of any of th1d conditions or convenants ofthe Lease, shall not be
deemed to -ibd a waiver of any provision,; of the Lease. No failure
on the part of tha luszor to enforce any.covoriant or provision
therein contained, nor any waiver at any riglit thereunder by tha
Lessor, unless in writing, shall discharge or invalidate r.uch
covenants or provisions, or affect tho right of the Lonsor to
enforce the same in the event of any subsequent broach or default.
The receipt, by the Lessor, of any rent or any other sum of mono -,-
after the termination, in any manner, of the term therein demigod,
or after the giving by the Lessor of any notice thereunder to
effect such termination, shall not reinstate, continue, or extend
the resultant term therein domised, or destroy, or in any manner
impair the efficacy of any such notice of termination as may have
been given thereunder bV the Lessor to the Le"ce prior to the
ro%-oipt of any such sum of money or other consideration, unless
so agreed to in writing and signed by the Lessor.
-09. EXPIRATION OF LEASE: Unless the Lease
renewed or sooner terminated as provided herein, the Lessee shall
peaceably and quietly leave, surrender and yield up 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 utilized in accordance with the building and zoning
ordinances and rules and regulations of said authority. Failure
to do so shall constitute a default.
si. PrRE PROTECTION: The Lessee will take all
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 promised are located.
popseftht; "as OP MftTeRTht; ftit Mat, 019
gas, and other minerals and all dep—o-ETto of stoneor r
valuable for extraction or utilization and all , -_ al, subject
to Title 11, Diviijion 1, Chapters 4, 5 zi�nd_ tho Alaska Adminis-
trative Code are excepted from tho_9XeriTtion of a surface Lease.
Specifically, the Lessee of_jba-sTrfaco rights shall not sell or
remove for use elacwhoSa-aity timber, stone, gravel, peat mono*
topsoil,
or any _9t1xrr"'_material valuable for building or com-
morcial put ads; provided, however, that material required for
the opmant of the leasehold may be used if its use is first
53. MUTUAL CANCrLLATt03z 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.
LEASE - Page 12 INITIALS
REVISED 3/30/79 LrSSE=S
LESSOR:
Al ... _
53. L';ti.;.:iF�:L "3E PP0111117LD: Lu3300 shall not
allow the ledseholl premi.ids to au uueu -or an unlawful purpose.
55. APPROVAL Or OTHER AUTHORITIZ:Ss The issuance
by the City of Leases dons not rals.ave the Lessee of ra3pon3ibs.1-
ity of obtaining licenses or pormit3 as may be roqutred by duly
authorized Borough. State or Federal agancLes.
56. REARSICNMENT/RELOCATION: Should it be necos-
sary to re -assign Lessen to a dittecant area of the airport
terminal, the parties agree as follows: At least thirty (30) days
written notice, in advance of such roassignmont. :shall be provided
to Lessee. The costs of relocation, including the costs of
moving and setting up counter and related facilities, shall be
borne by the airport terminal and may, upon the agreement of the
parties, be sNbtracted from the monthly rent due by Lessee to the
Ail -port tormitsal. Should reas3lanment and relocation be necessary,
Lessee shall be provided and afforded equivalent space, in terns
of both aro'a a that whi it res tly occupies. to
the extent found�7eas�le of Abe JI�(rport OperaMlons Nonage°('
IN WITNESS WHEREOF, the parties hereto nave here-
unto sot their hands, the day and year stated in the individual
acknowledgments below.
LESSOR: l
CITY OF KENAI
Sys
LESSEE: The Hertz Corporation �.
e resident,
(If Lessee is a corporation) s
AT�ZST:
Aselletant secretary
T t e
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 WILLIAM J.
BRIGHTON, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
19
Notary Public In and for Alaska
My Commission Expiros:
LEASE - Page 13 -INITIALS
REVISED 5/19/80 LESSE$s -
LE330Rs
i
I
`L.
-. i
F
.
t J
1
i
t
I �
I '
'
Approved as to Leaue form by City Attorney &0
(tnittalal �
Approved by Finance Director
(Inatioi:�J
Approved by City Manager
(InLtallul
LEASE APPROVED BY City Council thio w day of
City Clerk
t y
t
i
LEASE - Pagn 1S
REVISED 11/13/79
INITIALS
LESSEE:
LE3S0:.: ����
DATEDI July 19, 1979
NOT TO SCALE
f
C
•1.9
•
ROOtr.. f NO.
,• ..
Current Use
1-6
Lounge and We
7
Janitor's Room
8
FAA Equipment Room
•• •''•' 9
FAA Office Space
10
Tesoro Office Space
Fan Room
`11
12
Boiler Room
F
13
men's Restroom
14
Women's Restroom
i
Room No. Current Use
16
Dollar Rent-A-Car
15
Hertz Counter
17
KAS Counter ;
18
AAI Ticket Counter
19
AAI Office Space
20,21,22,27
City of Kenai Offices
!�
23
AAI Freight Counter
24
AAI Freight Office
(y
25,30
Cargo Area
28
Avis Counter
3]
FA ni stFt yin i e Ration
9 gery ce
y�' y
Raven Transit
32
SCHEDULE A
Lease dated 1dday off 19 between the CiTY Of KENAI.
a hTNE-HR1ZmCORPON��1�Nrpora�on of Kaska. hereinafter tailed "CITY" and
LESSEE.
1. In addition to the rents specified on the per square foot basis.
LESSEE agrees to pay to the CITY an additional charge of ten percent (10%) of
LESSEE'S gross receipts on a monthly basis for the privilege of conducting
businesses authorized herein.
2.: Theltenn "Rent-A-Car Business" as used in this agreement. shall mean
the business -of renting.passenger cars and trucks for periods of time not in ex-
cess of sixty (60) days$ Each rental transaction shall be by a separate agreement,
and any extension of use by the renter of the period of time originally contracted
for shall be considered a separate rental transaction. The Contractor shall furnish
to the Airport Manager, for auditing purposes. the block of contract numbers that
will be used for car rental agreements covering business originating at the Kenai
Municipal Airport, and shall further advise the Airport Manager when additional
contract numbers are assigned for the Airport operations.
4�`�ML
3. Gross revenue of t rent -a -car business shall be the total amoun
of the time and mileage a on car rental transactions. j }
4 IIINNN„y,
peraonel accident '
4. Gross revenue from !htesale of mil -insurance sha 1 not include
bona fide refunds made for cancelled policies. f
twenty (20)
S. All payments shall be made monthly wihtin ten-{3% days after the end
of each month; and shall be accomplished by a separate certified statement showing
gross receipts from each of the businesses herein authorized for the month for
which payments are made. If any such certified statements are found to be incorrect
statements of gross revenue for the month involved, any additional amount determined
to be due the CITY shall be immediately paid to the CITY by the Contractor and any
amount of overpayment by the Contractor shall be credited against the next monthly
payment due the CITY under this agreement. w
i
6. The purposes for this lease are as follows: j /:w,.,„.....
(a) The right to conduct a business on and from the Airport for! ...
car rentals and sale of personal accident insurance. V
(b) The right to conduct the business of making arrangements for
hunting and fishing trips, for air taxi services. for charter flights, for yent-
a -plane services, for motel and hotel reservations. and for long distance telephone
and telegraph services.
(c) To occupy counter space in an area and in a size designated by the
Airport Manager. Such counter to be constructed by the Contractor with size and
design to be approved by the Airport Manager. Such space shall not be used for
any other purpose except pursuant to a separate agreement for authorization from
the CITY.
(d) The right to use parking space for ten (10) vehicles at spaces
in parking areas as designated by the Airport !tanager.
IYiTIALS
LESSEE:
• LESSOR:
carmen vincent gintoll, architect
ken 0 alaskap b tional building suite 21096�o
907 283.7732`,��•
8 duly 1980 '
City of Kenai
P.O. Box 580
.. Kenai, Alaska 99611
Att'n: Keith Korneils, Director
Public Works Department
RE: Ceramics Studio Addition
Fort Kenay
Final Billing
.
INVOICE
Balance Due %. $500.00
I
.. ._ Thank you.!.
.s ABA 01" 9Y C!'f'Y /f1 MAi
k
City of Kenai
P.O. Box 580
Kenai, AK
99611
ascalyzal.
INC wi la Is 196U
GITV Of MUM
ptpr. ap PUBLIC WORM
DATE LSL80
INVOICE A I
ITEM QUANTITY I RATE I AMOUNT
Ceramic Studio Addition
Senior Citizens Center/Fort Kenay
Contract Sum 100%
9,990.00
TOTAL
49,990.00
BY
yMASUBER
A,0-1�,;r . ...........
. . ...............
4600 Business Pork Blvd, Building C Anchorage, Aloska 99503
Phone, (907) 2794468 Telex:
x090-25347
r
CERTIFICATE OF FINAL COMPLETION
PROJECTS L" j� "UD"O
CERTIFICATE OF FINAL COMPLETION
PROJECT: CERAMICS STUDIO ADDITION
SENIOR CITIZEN'S CENTER -
FORT KENAY
I, Joe De hosts , Of r :: ;•:r,i 'i' UI'""�, Ii:C•
certfTy that the project has been completed in accordance
with the Contract documents enumerated in the Agreement and
Change Order No. (s) : ;One
I certify that all punch list items noted in the final
inspection report have been satisfactorily completed.
I submit this Certificate of Final Completion with the
knowledge that the warranty period starts and continues
through 365 days continuous calendar days, starting the
day of Acceptance by the City.
GNATURE: Company Representative
u'-uat 1, ? g80
DATE OF SIGNATURE
August 14, 1980
DATE OF ACCEPTANCE
.4 1:5AJO-Z
ATURE C'11 ty Tresentative
August 14, 1980
DATE OF SIGNATURE
A
5
15
/r r
. • carmen vincent gintoli, architect
p. o. box 3504 ` -__-- - Auq 15 tb- 1'a90
kenai, alaska 99611
ni�
e - (907) 283.7732
City of Kenai ! Att: K. KornoIis Timberline
ArA
Cox _580-__— - ! 1_ -CiT of wu IIM
Kenai, AK 99611 Carpenter Guthrle..pf Timberline.
- . Howard Hackney
THE !-OLLUWfNG WAS NOTED
Carmen Gintolt
The Items submitted In the Punch List dated 11_July 1980 have been completed. (copy enclo.)
— I had recommended a 5% retainer to cover Item #11. As you know ,_the Contractor is
Bonded to cover such deficiencies should they_occur. The decision continue the retainer
or rely upon the quarantee and bond is yours.
Please contact me should you require further information.
TimberI ine
—)PIE... lC)
A �
carmen vincent gin:oll, architect
P. o. box 3504 i _- -_ _ Aup -15th 1930
kenai. alaska 99611 j
�.nicilile ,ill•ii-.i •�•irl�il..% t'�. 1•,�3n:j/_.-�_.—___
• n •
(907)283.7732
' City of Kenai / Att: K. hornolis TIrnberlino
!30X 580 - - - - - - I a. Oi K1tgAA PM
n ar
Kenai_, AK 99611 _Carpenter 'uthrie of Tiroberl-Ina
_-
Howard Hackney_--.._.__
THE FOLLOWING WAS NOTED Carmen Gintol i
The items submitted in the Punch List dated 11 July 1980 have been comoleted._(copy_ encl0.)
i had recommended a 5% retainer to cover Item #11. As you know,_the Contractor is
Bonded to cover such deficiencies should they occur. The decision continue the retainer
or rely upon the guarantee and bond is yours.
Please contact me show I d you require further Information.
l
ot,F., rn Timberlinez�'�-' i'Ir�^'� d ` ,G-1�'S
I -
carmen vincent gintoli, architect
kox 3504 profes ional building suite 210
enal, alaska 9961
907 283.7732
II July 1980
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
Att:n: Keith Kornelis, Director
Public Works Department
RE: Ceramics Studio Addition, Ft. Kenay
• Inspection - Punch List
In Attendance: Keith Kornelis
Howard Hackney
Carmen Gintoli
An inspection was made on Monday, July 7,•1980; the following Items
were noted and agreed upon by all as in need of atterrtion
1. Automatic plunger on metal exterior door does not work.
2. Two electrical outlets in upper storage room in need of cover plates.
3. Storage room window screen does not lock into frame since sash was
'reversed. '
. 4. Floor insulation in crawl space falling out.
5. Vinyl floor covering on floor scuttle door not cemented to door.
6. Two pieces of Cedar siding split - in need of replacement.
7. Exposed barge rafters on gable ends and facia on south need trim. '
Install beveled siding over.
8. Screen molding required for screen vent on south overhang.
The following items were reported by Ms. Porter, Director of the Senior
Citizens program:
• 9. Rubber risers on stairs loosening.
J
I 1 .1uIy 19110
Kaith KorneIis
page 2
10.. Lockset on, second floor exit door binds when door is closed.
il. Gintoli informed Kornelis that heat wa% not nrovided to the building
when the building was closed in during construr_tinn,'in accordance
- - .- with the note on Drawing A-Q. It was previously noted that one row
of gypsum board nai•Is "popped" out after- the tap1no and painting had
been completed. This damage has since been corrected, however,
feel same may reoccur during winter months when building is continually
t heated.
• We recommend that 10% of the Contract price be retained until item I thru 10
are corrected, an�hat5%rot the Contract price be retained until January
1981 to allow fot any damage which may occur under Item 1:�"�"-"'�--
Respectfully submitted,
-, car n vino nt gintQ i, architect •
Carmen V. Gintoli .
i
i cc: Timberline Industries
-f
i
7..
L.
P
1
• nuN tle. it•m31t1. .I,..Ir..t 1 w.l.. 1r.r w. 1..�
►ORN tiO.11t Y.f. OL P.RTNCNT OP C0III/F.nCC
.AEv. 10.141 ECONOMIC 99VILLOPMIINT AOMINR/0.110N
P1IOIECi NO.
K-1z7zo-n1
PERIODIC ESTIMATE FOR PARTIAL PAYMENT
CONTNAcr No.
HAVE AND LOCATION OF PROIECT_KWX -
���TRR.AMT PLANT EXI IMTONONPUNT EXI IMTONON
NAME ANO AOORCSS OF CONTRACTOR
BROWN 6 ASSOCIATES, J.V.
Boa 1313" '
Kenai, AlaskA 99611
PE01001C nT1YAT[ NO; ,. Pow PsaloO 7-07-80 ,s...-. To 8-63-80 Is_.
I. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY
Entries must be limited to work and costs under the original contract only.
(pork and cost data under change orders is to be shown In Part 2 of this form.)
Columaa (1) through (% Enter date shown In columns 1, 2. 3. Bond 9. respectively, on Form ED•111 prepared by
Contractor.
Columns (6) and M. Show all work completed to date under original Contract.
Column (S). Enter the difference between entries in columns (5) and (7).
Columh (9). Show percent ratio of Column (7) to Column (SA •
CONTRACT
CONPLE160 TO OATS
COfT OP
OUANT.
COST Pia
TOTAL COST
OU6101.
TOTAL goal
11[Y
NO.
OElCAIMION 0I ITCH
YNCONPL[I[O
WORN
s
COMP
UN11
UNIT
111
bl
Y►
1.1
ID
lot
no
Ill
tat
1
MobilirAtion
84,333.00
84,335.00
1WI;
2
Demolition
18,000.00
3
Earthwork
318,463.00
63,802.40
51,"
4
Inlet Manhole
69075.00
4,556.25
75%
5
Aephn}t Pavement
11,448.00
6
Fence
16,200.00
4,050.00
25;
7
Beading
29544.00
8
Form Septage Facility
11#424.00
9
Form Control Building
11,424.00
10
Foam Parsholl Flume
11,424.00
11
Place Septago Facility
6,038,00
12
Place Control Building
6,038.00
13
Place Porohall Flume
69038.00
14 •
Form Digester-
120,469.00
59,333.00
49.
15
Form Clarifier # 1
71#242.00
14#053.58
20,
16
Foam Clarifier H 2
132#309.00
29,329.21
22;
17
Form Sludge Pump Building
45,696.00
18
Form Other
11#424#00
19
Place Digester
63,675.00
20,511.55
32:
20
Place Clarifier # 1
371656,00
1,129.68
3,
21
Place Clarifier # 2
69,934.00
1,129.68
2:
22
Plus Sludge Pump Building
24,152.00
23
Place Other
6,038.OD
24
Masonry
111,623.o0
23
Fabricated Metalwork
71,525.00
26
Rough Carpentry
12,o84.00
27
Finish Carpentry
3,180.00
28
Roofing and Dampproofing
11#956.00
29
Building Insulation,
5,088.00
?0
Special Insulation Digester
11,702.00
31
Doors and Windows
7,377.00
TOTAL OF COST COLUMNS
f I CON IIIACT
CONPLE ILU TU OAILCeSCRIPTIC" 'I
t
e
Cr 1-ftle
. OUAI,1. tOUN't/, 1 UNIT tOi1
COST air
I.NCONPLt�tO Camp
OUANT. TOTAL. COOT 1 ang
1/
ul
1,1 111 1,1
1.1 171 181 1,1 F
Painting
1379376.00
33
Ht Exchange Ciro. Pump
1,120.Oo
{
' 34
Boiler Ciro. Pump
1078.00
`
35
Vast* Activated Pumps
0,211.00
36
Digested Sludge Pumps
19,818.0o
` 37
Polymer Pumps
7,077900
Septage Transfer pumps
14M8.00
39
Activated Sludge pumps
114,583.00
40
.Sludge Recirc. Pump
3,877.00
41
Sludge Belt press
93,981.00
42
Rotary Screen .
32,302.00
43
Secondary Clarifier Haab
129,761,00
44
Aeration Equipment'
72,692.00
i
43
Sludge Beat Exohanger
16,908.0o
46
As"bio Digester Sloven
70*030.00
47
Aeration Basin Blowers
47,294.00
48
�'
Automatic Composite Sampler
8,527.00
49
�:
Polymer Equipment
13@877900
34
Laboratory and shop•Equip.
',Diesel
30,g28.00
.1
Engine Oenerator not
129720.o0
58
Truk and Trailers
159,586.00
53
Chlorination System
14,130.00
54
Secondary Clarifier Dame
1?390
j' 33
Belt Coaveyore
50*00
56
Underground Pipe
310,500.00
76,595.56 57,
'f 57
58
Aboveground Pipe
2500131000
BYAC System
127,200.00
i 59
Plumbing, Hiso. PlPbg 6
F 60
,'.
insulation G Beat Tracing
iue
32,400000
19,080.00
7 61
Aar IW Digester Boiler
150600,00
62
63
Electriosl
1
over
304r319.00
5,173.42 ;
E�oavatiomi
2,100.00
2,10o.00 per;
41..,,... .. ..,... an
`e
—_
_• •� APPnOVFO a
Clay . f KPIAI
•' CP:Y A1CIlAISP
'
and 1 L:prE ... %.�l-!�,
-
f-
A1C %'4UK3
�f1:Y LIEPK
p .: R.,igry
❑
is
OffirW-AL CHI
M
.iI ••
TOTAL Or COST COLYMMm
3,599.519.
,56.099:33
V
!
Af
lit
.
.BULB OP CCONT_ NACT CNANGB OROFR$ , ADaltroNt *g oRlc•tiA�
rm uvcry shsnnv cedar 1r•ugd w JnP ul this request coon 11 no cork eartgoeT PRoet OkDYCtloNs q ■go lefm don0 Ynaer OOP Of ruin aYch o/dves. FROM
• CONTRACT. " CONTRACT Pnfcg
COST OF CNANOE AS $n*sell
CNANOi ORDER • 096CRIPTION TOTAL•ITCYa ADDED OT OROeR ITCYt ON CHANGE
DATA • CHANGE OROER COMPLETED ORDERS
TO DATE
t44111
I ! Exonvation pending, 34,616 50
't BaokfiU
45,00770
1 i
;, • r TOTALS 77,024 20
OF ADJUSTED CONTRACT AMOUNT TO DATEIr
1,,A"ALTSIS
Original contract amount noel. s • dons of off I..) 599 51 00of
(b) Pleas Additions Scheduled in column d shows on a
(e) I&Sat Otdisliara othedcicd Is colvsag 6 above .0.
(d) Activated contract amount to date 39599#515.00
ANALYSIS OF WORK FERFORMED
(a) COST d original contest$ wait Perform rd to dug (oat. y . tone at iced tons) 566 O9 .3 ./
(b) Run wait Performed to dote (oot. s oaeve) 77 2 !02
(s) Towal come of watt posfaaed to dam
r.(d) Lout Amount retained in aeeadaan whb contents troop tsaew, goes percent ass de►►« ewweq-...A c
(a) Nts amount @stand an contract mark to des r q-
0 Adds IfateriSb era*d So 010" of this Period (AlWA, dotoated •eaonn•)
(g)Subtoml of (e)'ond (0 ' �78�8i' .16
(h) Logo Aatwnt of previous payments r
0) BALANCE DUE THIS PAYMENT
S} CERTIFICATION OF CONTRACTOR
lAg of my knowledge sad belief. l calcify shot all Items Slid amounts shorn on the face of This P IodIs Eglimap
fa Pntisl Poymea ara Sane$$ tkat sit work hu been rformed and/o► matedol supplied Ice all accordance with t requimmeeto
q t t}lereseed Contract. •god/a duly Suthalntd devf fonts. substitutions. akeraI as and at addttlonsy that the foregoing is •
flit an caner statement d the contract account op to and IneVint she lost day d ghe Period favored by chit Periodic Estimates
tin ew past ef the Beloacs Dw This Payamat has been offer ad. and shag the undeealpned and his so By
hove•foaed
aiprreobre nee)
a, M1 Complied witb oil the labor previsions of @SO egotact.
k. ❑Complied with all she labor positions of gold Contract *acep in Chest 108920ati *bet* as bootie dispute *Sian with to
Spent to aid labor provllloam. Pet (6) It sheshod. describe briefly n•tua at drops##.)
is •
y.:
iiroNtr P, 000a atone J. J.
;.;: tCaaract«) pltnaturs of Ambergris Ibpism«b*/
A..n,raFye , 19.�0 Title
CERTIFICATION OF ARCHITECT OR ENGINEER
! semNy that 1 have checked and "offied ohs, *bow* sod foregoing Periodic E+Amat* la Partial Psymemy this so the beat of my
Sect and babel it is a 11 and Satellite Atot ment of work performed and/a material supplied by chi ctssractorl that all
j�'wsrit •nd/or mneell iaeluded I this Pahtdis Eelimste has been Inspected by me sod/at by my day Aabmised tepnsenutiq at
esslmtSnttt Sad $fin t fist Meow arced a a Supplied in full accordance with requiremra enof chip reference eonceaf4 sea
�Shot practice$ tm laimad • quo the contractor is correctly computed on the basis of work performed and/a most-
ebl Supplier
EivaA
wusuct «srteg«Nl
..nLC,
I. PREPAYMENT CERTIFICATION BY FIELD ENGINEER
(• Oaesh tree of Papoose veotoedr
0 �Aaa ebeeked fhb aatinuts •plaw the eontranor's Sehedult otAmomrfe for Cornet Paymnnrs, chi notes and reporra of orgy
ppions d ther ppDiego. sad she periodic rotates submitted by the archiitce/ensineer. it is my opinion that the sistenwnt d
mown postulated sed/a Materials supplied is Senator chat the tomraeea is observing the requirements ef the conaac$, and
ehti tM a Sat« should be of the omwas toqueaed •bore. j
*tNy of nth d/o► sow id. d F c iongace ben been Inspected by tor and chat it has been preformed ond/or cap-
:d i
fin • dS rich the equ' ec of the gen..Cc
a.
is r
' eetott iaegr«ei roer.f
JtAppiered
—� atnwo.rn.na Mfle,rt Intel
L_. _ —
,
CITY OF KENAi
CONSENT TO SUBLEASE OR ASSIGNMENT
i
The (Sublease) (Assignment of Lease) from Alaska Car R Tmek
Rental Inc., dba Dollar Rent a Car, Kenai, Alaska , to
The Car CoAnc. dba Dollar Rent a Car of Kenai, Alaqka
dated 8-15-80 covering the following -described property:
Counter. 16 (42 Square Feet) First Floor, Kenai Municipal Airport•
Terminal Building
Is hereby ACKNOWLEDGED AND APPROVED, subject to the same.
terms and conditions as contained in the original Lease above described.
This Consent Is given by the City of Kenai without waiving any
right or action, or releasing the Assignor from any liability or responsibility
under the aforementioned Lease, and does not relieve the Assignee from the
condition requiring City approval for any subsequent sublease or assignment.
CITY MANAGER
STATE OF ALAW A i
THIRD JUDICIAL DISTRICT
On this _day of , 19 , before me personally
l appeared known to be the person who
L executed the above instrument, and acknowledged that he (she) had the authority
to sign, for the purposes stated therein.
NOTARY PUBLIC FOR ALASKA
+; My Commission Expires:
f
n
I
ASSIGNMENT OF LEASE j
I -
FOR VALUE RECEIVED, ALASKA CAR & TRUCK RENTAL INC, dba DOLLAR RENT A
I
= I
CAR KENAI, ALASKA, the Vendor in the contract to the below referenced assignee
do hereby assiqn to THE CAR CO., INC dba DOLLAR RENT A CAR OF KENAI, ALASKA
all its right title and interst in, to and under the lease between ALASKA
CAR & TRUCK RENTAL INC and the City of Kenai dated June 5, 1980 and re-
corded in Book 157, Paqes 473.489 in the Kenai Recording District.
By `
ERO HO+
PRESIDENT
CORPORATION ACKNOWLEDGEMENT
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT ) ss
THIS IS TO CERTIFY that on )this 15th day of August, 1980
before me, the undersigned Notary"—trublic in and for the
State of Alaska, personalty appeared Jerome W. Thomas
known to me to be the person and officer whose name is
subscribed to the foregoing Assignment of Lease, who being
duly sworn, did say that he is the Predident of ALASKA CAA
A TRUCK RENTAL, INC, a corporation, and acknowledged to me
that he executed said Assiqnment of Lease as his free act
and deed in his said capacity, and the free act and deed of
said corporation, for the purposes stated therein.
IN WITNESS HEREOF, I have hereunto set my ha d and :seal;the
day and year first hereinabove written.
Notary Publ c n and or Alaska
My commiss on Expires: jZ jr 2.
APPROVED by the City of Kenai. Alaska.
Brighton
City Manager
Notary Public to and for Alaska
My Commission Expires:
. JAY S. HAMMON13
QOVCANUA
n
D
1
STATH or ALAHRA
LIEUTENANT GOVERNOR
aT tT 1V to A tS
August 12, 1980
TERRY MILLER
LIF_UTCNANT QQVCA/IUH
RECEIVED
• I�FQ
HY CITY ADMINWRATION
CITY OF K1-;NAI
William J. Brighton
City Manager
City of Kenai
P. 0. Box 580
Kenai, Alaska 99611
Dear Bills
I apologize for not responding sooner to your letter con-
cerning the relocation of the Kenai motor vehicles office,
as a letter intended for you was inadvertently not mailed.
Because we received several inquires about the office's
proposed relocation, I asked Commissioner William Nix of the
Department of Public Safety to respond directly with an
explanation of the reasons for the consolidation of the
Kenai and Soldotna motor vehicle offices. One of the
responses was to be directed to you but, through an over-
sight, was not.
In the interest of time, therefore, I am enclosing a copy of
a letter which was sent to Richard Morgan at the Kenai
Chamber of Commerce. The letter explains the Department's
rationale for the consolidation, citing the factors the
Department considered and the various efficiencies it expects
to be attained, including expanded motor vehicle services.
Bill, I wish my reply to you had been more timely, but I
trust that Commissioner Nix's letter will answer most of the
questions which you have. If not, or should y u wish
additional information, please don't hesitate/)too contact me.
Attachment (1)
11
t Governor
.).�� �. -moo. _� ....�. � � —� -•�� ,.- ��� _ � � � _ _ -. �. '� b� .is- � �•�
t� L N'� -115 R�% A
JAYS. NAMMONO, GOVERNOR
William R. Nix
Commissioner
OFFICEOF THE COMMISSIONER / eoucH N •• JONEAu nsi!
August 5, 1980 ► j 44LJ 4322
fta
Richard I. Morgan ' �y
i Kenai Chamber of Commerce
P.O. Box 497 O��j Of,-
Kbsiai, Alaska 99611 ,r
i
Dear Mr. Morgans
: I have received a copy of your letter of July 18, 1980, to Lieutenant
Governor Miller concerning consolidation of the Kenai and Soldotna Motor
Vehicle Offices and the Lieutenant Governor has requested that I reply
directly to you on this matter.
The decision to move the Kenai-Soldotna offices was not made arbitrarily
by the Division of Motor Vehicles but was mandated by the citizens of
Alaska in the 1978 general election when they approved the $30,504,000
"1978 Correctional and Public Safety Facilities Construction Fund."
This general obligation bond issue contained $1,216,500 for constructing
and equipping a public safety detachment facility in the Soldotna area.
The choice of the actual site was based on several factors but a prime
consideration was the use of state land to keep the actual costs to the
taxpayer at a minimum.
Although you may occasionally see longer lines and the office hours are
1 slightly shorter than when the City of Kenai was acting as a commission
agent for motor vehicle work, the citizens of the Kenai area now have a
more complete service facility to meet their needs. The State office,
manned by trained professionals, is not only doing motor vehicle work
but is issuing drivers licenses and given driving tests. This new state
operated facility has on-line computer terminals to instantly update
driver and vehicle records, issue titles over the counter and keep law
enforcement records up-to-date.
The present shorter hours (632 hours per day) will be alleviated at the
'-- new combined office because consolidating our employees into one facility
will enable the division to operate continuously from Sam to 4:30pm (8%
- ---. hours) daily. It will no longer be necessary to close for lunch, bank
runs, paperwork, etc., and driver road tests can be taken on a walk-in
timely basis instead of the advance schedule, reservation system presently
used at both offices. The location on Kalifonsky Loop Road is large
enough that it will allow the division to conduct motorcycle driver
tests. This is a statutory requirement but adequate space for this type
testing
of � g is not presently available adjacent to the office in Kenai to
perform this function.
Richard I. Morgan -2- August 5, 1980
You question the cost savings and certainly this is an important consid-
oration in these times when citizens desire more servicos at a lower
cost in tax dollars. To maintain the standard of cervico the public
expects in each city would require two offices, each approximately 700
square feet in size and a minimum of two employees at each office. we
feel that the same level of service can be given the citizens of your
area with a combined office staffed by three employees. The savings to
the taxpayer is approximately $30,000 annually and this will increase
with inflation.
This combined facility is programmed to serve the citizens of the Kenai
Pdriinsula from Cooper Landing to Ninilchik as well as those of Kenai and
North Kenai.
The distance to be traveled to the new location is greater for some, not
all, but we must realistically consider the number of trips the average
citizen makes to a DMV office. Drivers licenses are now required to be
renewed only once every five years and most vehicle registrations can be
renewed by mail. These are the general bulk of our work and therefore
the only persons making frequent trips to the office are those who deal
extensively in buying or selling vehicles. Generally speaking, -the .
average citizen will not average one trip per year to a DMV,office.
I realize that it sounds drastic when you are informed that a state
Office is being moved from your city but when you consider all they
facts, only a short driving distance, better facilities and service, and
especially the potential for savings of tax dollars, I believe that the
new combined facility is the answer. This office will increase the
productivity of a government unit and provide maximum service to the
citizens while staying within the limits of available funds.
I hope this answers your questions regarding this decision and you car.
now see the advantages of the new location.
sincerely,
William R. Nix
Commissioner
ees /Lieutenant Governor Miller
Robert Rowan,-Direetor,'DMV
i
,
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LEASE OF
AIRPORT LANDS OR FACILITI^S
THIS AGRECHrNT, enterod into this day of
19_, by and between the CITY OF KE:1AI, City Halle
P. O. Box 580, Kenai, Alaska 99611, a homa-ruled municipal
corporation of Alaska, hereinafter called "Cit," and
Thomas H. Ackerly and Patrick M. O'Connell, Drawer M. Zenai, AlaSked V9bT1" ,
oreanaitor called 'Lansee.'
That the City, in eonsiecration of the payments of
the rents and performance of all the covenants herein contained
by the Lessee, does hereby demise and lease to the Lessq•s the
following described property in the Kenai Recording District,
State of Alaskan to wits
Lots 1, 2 and 3, Block 4, fidalgo Commercial Center Subdivision
A. PURPOSE: The purpose for which this Lease is
issued is:
General Office Space Development
B. TERM: (1) The term of this Lease is for
99 years, commencing on the 2,, day of August ,
i9= , to the 30th day of June , at the
annuaT;rental o7-6-3.774.0q
_a7 be Ii
ed
Lessee for successive pariods of years each. t���
giving written notice to the Lessor not leas t x months
prior to the expiration of the than exi arm. Each extended
term shall be on the lama term. conditions as provided in
this Lease for the ini arm. Lessee will not be permitted to
extend the Lea and the extended term. Any termination of
this uring the initial term or during any extended term
C. PAYMV-1T: Subject to the terms of General
covenant no. 9 of t is Lease, the rental specified herein shall
be payable as follows:
(1) Rigght of entry and occupancy is authorized as
of the 21 day of August , 19 80, and the first rent shall
be computed -from sue data until June 30, 1931 , at the rate of
S 10.33 per day for :114 days, equals S,243',62
now --due.
(2) Annual rent for the fiucal year beginning
July 1 and ending June 30 shall b.t payablo in advance on or
b?fore 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 in::tall.-ionts, payable in adv.:nce on or before tho
first day Of July and on or boforo tho first of .each s:euth there-
after.
(3) poll al for any poried u-hieh us les:: thin One
(1) year nhall be prorated bawd on the rate o: the last full
year.
(4) Tha rrnt npvci.`icd herein is based on a rate
of G'. of fair market aluo and in ealcul.ited as followas
Lam..- - page 1 I:
3/6/30 LSSSES: _
LZSSOAsW-
EXHIBIT A
VALUE RATE OF
RENTAL
DESCRIPTION
S . FT.
PER FT. RETURN
ANNUAL
MONTHLY
DAILY
Lot 1, Block
4, Fidalgo
22,366
$ 1.60 61010
$ 2,148.00
$ 179.00
$ 5.88
Commercial
Center
Lot 2, Block
4, Fidalgo
70.00
2.30 ,
Commercial
Center
18,750
.75 61%
840.00
Lot 3, B1dA
4, Fidalgo
Commercial
Center
18,750
.70 6%
786.Q0
65.00
2.15
$ 3,774.00
$ 314.50
110.33
APPRAISED FAIR MARKET VALUE FOR:
Lot 1, Block
4 Fidalgo
Commercial
Center Subdivision
$35,800.00
Lot 2, Block
4 Fidalgo
Commercial
Center Subdivision
$14,000.00
1
1
Lot 3, Block
4 Fidalgo
Commercial
Center Subdivision
$13,100.00�
CITY OF KENAI
P. 0. Box 580 - Kenai, Alaska Phone: 233-7535
INITIALS:
LESSEE:
LESSOR:
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NOTICE
Request for Letters of Interest
The City of Kenai Advisory Harbor Commission is requesting letters
of interest and qualifications to provide "Administrative Coordinator
Services" to the Commission. Applicants are required to have experience
in $rant writing, grant administration, knowledge of harbor, water
and sewer projects, knowledge of excavation and heavy equipment
operation, and must be knowledgeable of office management and procedures,
familiar with the problems associated with the Kenai River Corridor,
and familiar with the Alaska Coastal Management Program.
"Administrative Coordinator Services" will include the following:
A. Coordination of efforts relating to the State of Alaska
Municipal Grant # 8-054, "Harbor Study and Design", a $500,000
appropriation to the City of Kenai;
B. Assisting the City Finance Department with forms and reports
relating to grant administration;
C. Developing a Request for Proposal from qualified engineering
firms;
D. Analyzing the proposals when they are received and assisting
the Harbor Commission in the consultant selection process;
and
E. Responding to communications related to the Harbor Feasibility
and Design Study;
F. Attendance at Advisory Harbor Commission sessions or other
important meetings or events related to the project, and
keeping Advisory Harbor Commission members of the City
Administration informed of the project status.
G. Assisting the City's participation in the Kenai Peninsula
Borough Coastal Development Program and the Federal -State -
Local Inter -governmental Kenai Wetlands Project as they
relate to the City of Kenai and its harbor area.
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Request for Letters of Interest
Page 2
Three (3) copies of letters of interest and qualifications shall be
submitted and include:
A. Qualifications related to the above requirements.
B. Personal resume of experience, including examples of work.
C. Location of firm.
D. Itemized cost of services, i.e.: billing rates.
Letters of interest and qualifications will be recieved until 12 noon,
September 8, 1980 at: Office of the City Manager, City of Kenai, P. 0.
Box 580, Kenai. Questions should be directed to Charles A. Brown, Finance
Director at 283-7538.
Individuals or firms determined to he most qualified will be invited
to submit proposals. The City of Kenai is an equal opportunity employer.
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COP: SL•i1T OF LESSOR
I CITY OF ial LESSOR, in that certain lease dated
Alc;ust Z0, 1970 between LESSOR and RAY C�.SQ:J
LESSEE, hereby consents to LESSEE granting a security interest in his fixtures and LESSEE'S leasehold
interest in the premises being leased from LESSOR. As long as the holder of the Promissory Note which is
mentioned in the attached Security Agreement has not entered into the possession of the subject premises,
said holcleP shall not be liable for rent or any other obligation of the LESSEE in accordance with said Lease.
LESSEE shall remain liable for the payment of rent and performance of all covenants and fulfillment of all
conditions contained in said Lease.
In the event of any default under the Lease, the LESSOR shall not terminate the same without Hiving
the holder of said Note thirty (30) days written notice thereof and the right to cure such default within said
thirty (30) day period.
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CITY OF KMW , LESSOR
By:
Title: city !v Mane
LESSOR
By:
r +
- --- -n�=- ---- "-- -- ;JeeD of Tcuot..__�
gips lDttb of cruet, blade this day of �August, 19$0
latthtttH RAY CASON
herein called TRUSTOR,
whose address is Arne 325. Kenai, Alaska 99611 State of Alaska.
INumber and siren) (City)
A>IASKA TITL@ GUAIMM CMWANY an Alaskan corporation, herein called TRUSTEE. and
STATE OF AIASKA DIVISION OP BUSn"S tIk•M AM
THE FIRST NATIONAL HANK OF ANCIMAGF., herein called BENEFICIARIES
MINOMb: That Trustor GRANTS, BARGAINS, SELLS, and CONVEYS to TRUSTEE 1N TRUST WITH POWER
I
OF SALE, that property in the I�I Recording District mron judicial District.
State of Alaska, described as:
Said leasehold interest arising From that certain lease dated 8-20-70
and suIneq tent assigtllitivitst
Lot Two (2), Block Otte (1), GUM SUBDIVISION, according to the
Plat No. K-1700, filed in the Kenai Recording District, Third
;
Judicial District, State of Alaska.
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goPMef with the tenements, hereditamems, and apptlrtcn2111M thercunto belonging, or in anywise appertaining, the
rents, issues and profits thereof. SUBJECT. HOWEVER, to the right, power and authority herehtaher given to and
conferred upon Beneficiary to collect and apply such rents, issues and profits. To have and to hold the same, with the
appurtenances, unto Trustee.
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roe t'nnpoae or a XUIUaat f petrormenro Car enrh a •n 1
mmff111l1 of Truster heroin contained a. Payment of the Indeblrtlnae t Fh..u'+ T,u•r•n Inc ,r r ant to)men, ar m do Nf .0 at htreln r.
toy need by nrll�e..�+rrntrnhr�ru yp�nen�1l�ay(Ylfetl/1 doff t Mllh, 1'rin• +IdIr1. II.M Ilmrnnnt ut T,n,•ff, but rith•wt ahhnlnlll In to da •n.f rill rag
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Q 218,000.00 1, '''1ghee 11 dMtemt1 remNl, to Om•ecl the N:.unq htreoh Pmee, er Truroftte
payable to nenfflc/ery M old". W roe aut�rnrt.t to en,Ir nl'^n .uA p,wtltY In Lath pn{oafal •t'nfa m e+e
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A To Aprn.1 Ciro/ utr••n Car I rnnr.ime I••uto, not r• :dal 1%, wuuU :reel ,+ Ille
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am mhlrn from the charaetcr rot oaf d as propprrnY tney /w era«•n• Iba tl'•.t Your ar.l .Ith Ike tf l a ed/.{ a a' ,•e prarl.'ef In al
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81"Ature Of Iftout
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ACVlqOjvj.El)GhlENT
United States ol, America
State of Alaska
r7)
PAY.
..... ........ ................. .................... 11 .....................................
................... I ..............................................................
appeared before me an she ThirtaIenth .............. day of
at Anchorage,
Alaska. I know ..........Na..,.. to be the person(i) described
1. in and Who executed she above JMITUMCIIL Ra .............
said that ............ ba.- knew the contents thereof and
acknowledged she same to be........hieI ........... act.
Mas"'
k
MY CA!rJollion expires:...... !V..0j8.2 ......... . .........
RECORDING DATA
C:
Xztzai eoinmunity _EdTazy
-
A PUBLIC LIBRARY IN 69RVICR 81NC6 1040
1
BOX 157
KENAI. AL,ASKA 99611
REPORT FOR THE MONTH OF JULY, 1980
-..-.,(
Circulation Adult Juvenile Easy Books
Fiction 1821 970 1266
i
Non-fiction 1799 260 366
.. Total Book Circulation
6482
Films, Phonodiscs, Pamphlets, Periodicals
281
Total Circulation
6763
jAdditions
Adult Juvenile Easy Books
(lifts 49 29 '
Purchases 33 1
Total Additions 112
��.
Remedial and Re -worked Books Adult Juvenile Easy Books
Total
28 4 37
69
Interlibrary Loans Ordered Received Returned
Books 16 59 94
Phonodiscs/AV 77 46 47
Interlibrary Loans by Our Library
Books/Periodicals 30
AV 38
-
Volunteers
Number 29
-='--:
Total Hours 350.75
Income
Fines and Sale Books 471.63
Lost or Damaged Books 87.91
Xerox 172.75
Donations 300.50
f"
Total 13come for July, 1980 $1032.79
f
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LIBRARY CARDS ISSUED - JULY, 1980
Kenai 106
North Kenai 33
Soldotna 57
Xpilof 6
Anchor Point 1
Total Library Cards Issued 203
July, 1980
S
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CEIVED
V OFF N�L'NMA�
LEgiStA►TIVE ButtEAN #39
- �rari
August 6, 1980
At this time we are sending your municipal clerk the final summary of legislation
passed by the 1980 Legislature. If you have any questions on specific bills,
please call the League office. We will be happy to get the information for you.
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