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Home My WebLink About1980-10-15 Council PacketKenai City Council Meeting Packet October 15, 1980 TA-_- 1— - ml A"NOA . if�NAii:flflf •�ItO11LAlIME�TIN.O :.• - . a PUOLIC"IMMNOfi 1. OWN* cm.61400 - AMOndUtO T(!M E3 to CkOfy ,' TreatnwMofHoNftP*ytorPuWct0iwEmpbym & . Ordliw�: 614* - (ncrow" Aw►�1ppro. •. M Met . Fur4 BgOW • Orwau Win Oipktn ed of EnwW tt Stdo .ofAla_ k�•fhirohNiotLN�iMAt�rfdl,i30�.:• .. y - . OrdkMA6f its00 � N�orw�ins, t1w�!iprns- • Gtdi► :. ,C. �IMO.NE�aC.�IJI.R�TOdEMEARG, . 1.."" 11MrM. - Soo lieu% NOv..1t, I - FrorkN Addkbnd tiMnbii b.ljhto of AfiNy„AddNbr>tf PWmt�• . COOPNaFN1 M1AAb -: F. OLQWNMIE66 . . i 1. Qum.&tX---moss �• tlrbor�ogynliNon• - • a:llfoonhFiNNtE�lnoMtnsfkrt►•6jlidilbMNMbor ' � _ . U A000n id ForNiono/AdmlfiNChMiMCoordkutw .. " 3..t.�llK.to!)oOAoptt;rr�rnoNewtllMwr "- :.. i • ti. NEWtttNK/ENi . 3: N,foAr wulbn W154,.: TMV* of Funds • L"I"We TnvMur�iptjMN_tiripur Fiinoti0� � Otlii(` Fiptotbna , . t�«unttnocth►oti�en.e•sa000 d AMpWft-Of 466 = Tr hWo of Furidi - 00"" for a.or- W Id 0 L li I for HmdWlpoow .t tt nmo,. ECM. otfhatYirr•s35O_. - _ AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 15, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL .B. PUBLIC HEARINGS ✓1. Ordinance 614-80 - Amending Title 23 to Clarify Treatment of Holiday Pay for Public Safety Employees Ordinance 615-80 - Increasing Rev/Appns - Senior Citizens Project t.�3. Ordinance 616-80 - Increasing Rev/Appns - General Fund Budget - Grants from Department of Energy & State of Alaska - Purchase of Library Material - $350 --%P"4. Ordinance 618-80 - Increasing Rev/Appns - CEIP Streets, 1980 - $55,000 C. PERSONS PRESENT SCHUDULED TO BE HEARD 1. Helen Bierne - Bond Issue, Nov. 11, 1980 - `� Providq Additional Services to State of Alaska, Additional Penal Capital Improvements D. MMIINUTES ✓l. Partial Translation - Regular Meeting, October 1, 1980 ' E. CORRESPONDENCE F. OLD BUSINESS 1 Cason & Wasson Leases Harbor Commission a. Recommend Engineering Firm - Small Boat Harbor b. Recommend Position of Administrative Coordinator �. Letter to Bob Roper re/Small Boat Harbor G. NEW BUSINESS u1. Bills to be Paid, Bills to be Ratified ./1. Requisitions Exceeding $1,000 tw-�3. Ordinance 620-80 - Federal Revenue Sharing Appropriations Ordinance 621-80 - Increasing Rev/Appns, 1980-81 General Fund - Increase Reserve for Self - Insurance by $100,000 i-'- - I ---- .. 4 L'-5. Ordinance 622-80,- Repealing KMC 1.65, Providing j for Election & Appointment of Borough Assembly Representative �6. Ordinance 623-80 - Increasing Rev/Appns - State Jail Contract Fund 1980-81 Budget - Repairs - $500 ,,7. Resolution 80-154 - Transfer of Funds - Legislative Travel to Municipal League Functions & Other Functions Benefiting City of Kenai - $10,000 v8. Resolution 80-155 - Transfer of Funds - Over- time for Secretarial Services for Harbor Commission through End of Fiscal Year - $350 F o ` 9. oastal, Inc. - Airport Taxiway Lighting & Gas Standby Generation - Partial Payment - $169,449.96 �0. Brown & Assoc. - Sewer Treatment Expansion - Partial Payment - $173,495.58 11. Brown & Assoc. - Sewer Treatment Expansion - Change Order #1 - $95,445.32 4 Doyle's Excavating - Frontage Road - Partial Payment - $89,341.58 L,-;13. Dowling -Rice & Assoc. - Kenai Youth Center - $3,203.80 Wince, Corthell, Bryson & Freas -.Frontage Road, Engineering Services - $8,233 OW0*1 5. Wince, Corthell, Bryson & Freas - Electrical Improvements, Engineering Services - $4,681 l 6. Alaska Boiler & Heat Exchange - Change Order #1 - Warm Storage Building - $1,250 &,,-17. Saltz General Contracting - Change Order #2 - Athletic Fencing Saltz General Contracting - Final Payment - Athletic Field Fencing H�tREPORTS OA 1. City Manager --- 3 2. City Attorney G�-�►'1 • 3. Mayor {- o 4. City Clerk — a- a y r Va - a(A 5. Finance Director 6. Planning & Zoning ` 7. Kenai Borough Assembly S. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT r rn u• ��-� L. 0 Q u� I i 9 N N `. SEENnl� .� .. 1��/►I�rl'1I.1II�PII�r017PI■� .._. BY➢P/��III�iI��IJ�91IP/OPLII■� 0�� IP/�ri91'/■�IIP I��P/l�� API � �I �IIII r API �VII �7PaE�ilO fl9NIwn ommuffismummommommommommommommom COUNCIL MEET IHG .OF MEMEMSEM �in►�rirv�e,��oa��or�■■■ CITY OF KENAI ORDINANCE NO, 614-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.40.020(c) TO CLARIFY TREATMENT OF HOLIDAY PAY FOR PUBLIC SAFETY EMPLOYEES, WHEREAS, KMC 23.40.020(c) states that Public Safety employees shall receive holiday pay in lieu of receiving time off from work, and WHEREAS, KMC 23.40.020(c) also states that holidays which occur during vacation shall not be charged against such leave, and WHEREAS, this wording implies that a Public Safety employee could receive a day off for a holiday without a charge against his accrued leave and also be paid for that holiday at the end of the calendar year, which is clearly not the intent of the practice of paying employees for holidays. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.40.020(c) is hereby amended as follows: n(c) Public safety employees shall receive pro rata an annual payment each December for authorized (APPROPRIATE) holidays as followss Firefighters (56 hour week), 21.2 hours pay per holiday Police (40 hour week), 8 hours pay per holiday Jail and Dispatchers (42 hour week), 8.4 hours pay per holiday Holidays which occur during vacation shall [NOT) be charged against such leave." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: October 1, 1980 Second Readings October 15, 1980 Effective Dates November 15, 1980 ffj.... I CITY OF KENAI ORDINANCE NO. 615-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SPECIAL REVENUE FUND ENTITLED "RENAI SENIOR CITIZENS PROJECT PY 1980-81" BY $3,000. WHEREAS, funds in the Senior Citizens 1980-81 Program for repairs and maintenance were underbudgeted, and WHEREAS, it is desirable that monies be made available for transporting of Senior Citizens to and from their regularly scheduled activities throughout the year, and WHEREAS, monies can be made available from the Unappropriateed Fund Balance of the General Fund, 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 the following increases in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Appropriation from Fund Balance $3,000 Increase Appropriations: Non -Departmental - Transfer to Other Funds $3,000 Kenai Senior Citizens Project Fund Increase Estimated Revenues: Transfer from General Fund $3,000 Increase Appropriations: Social Services - Repairs and Maintenance $3,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1980, ATTESTS Janet Whelan, City Clerk Approved by Finance: -/;L VINCENT O'REILLY, MAYOR First Reading: October 1, 1980 Second Reading: October 15, 1980 Effective Date: October 15, 1980 F. CITY OF KENAI ORDINANCE NO. 616-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $350 IN ROCOGNITION OF GRANTS FROM THE DEPARTMENT OF ENERGY AND THE STATE OF ALASKA FOR PURCHASE OF LIBRARY MATERIALS. WHEREAS, the U. S. Department of Energy has awarded a grant in the amount of $175 to the Citp of Kenai for the purchase of library materials dealing with energy -related topics, and WHEREAS, the State of Alaska has awarded a grant in the amount of $175 to the City of Kenai for the same purpose, 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 the following increases in estimated revenues and appropriations be made in the 1980-81 General Fund Budgets Increase Estimated Revenues: Federal Grant $175 State Grantr jIncrease Appropriations: Library - Books R PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15tb day of October, 1980. i VINCENT O'REILLY, MAYOR ATTEST s Janet Dlhelan, City Clerk First Reading: October 1, 1980 Second Reading: October 15, 1980 Effective Dates October 15, 1980 Approved by Finance:_ i, - - -- - - CITY OF KENAI ORDINANCE N0. 618-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW CAPITAL PROJECT FUND ENTITLED "CEIP STREETS - 1980" BY $55,000. WHEREAS, the State of Alaska has offered the City of Kenai a grant using Coastal Energy Impact Program monies, in the amount of $55,000 to carry out all planning and engineering design required for construction and paving of (1) the collector loop formed by Lawton Drive, Tinker Lane, and Walker Lane and of (2) Main Street Loop and Barnacle Way from Main Street to Willow Street 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 the following increases in estimated revenues and appropriations be made: C-EIP STREETS - 1980 Increase Estimated Revenues: State Grant 555.000 Increase Appropriations: Administration $ 1000 Engineering ,854,,Q00 1 $550000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15tb day of October, 1980, VINCENT O'REILLY, MAYOR ATTESTs Janet Whelan, City Clerk First Reading: October 1, 1980 1 Second Reading: October 15, 1980 Effective Date: October 15, 1980 Approved by Finances_ i i . i V ■ REGULAR MEETING October 1, 1980 Kenai City Council Partial Translation H-8 Harbor Commission Report MOTION% Councilwoman Glick moved, seconded by Councilman Ambarian, to direct the Administration to write a letter to Mr. Roper, thanking him for the letter of Sept. 29, 1980, and informing Mr. Roper the City finds his counter -proposal unacceptable. Based on his letter, the City is dropping all activities relating to harbor development, design and construction. The Harbor Commission has also postponed indefinitely the selection of an engineering firm. The City would encourage Mr. Roper to start the construction. In six to eight months, the City will consider re- negotiations. The City will support, help and advise him with the harbor. MOTION, AMENDMENT% Councilwoman Glick moved, with concurrence of second, that, based on the comments of Commissioner Williams, we should point out the City will not accept the offer of $1 Million contract and the $300,000 offer is also unacceptable. Also, strike out the future negotiations in the motion. Motion passed with Councilman Ambarian voting no. Councilwoman Glick also requested, based on the comments of City Manager Brighton, that the letter be changed to delete the word "counter" from line 5 of the motion. She suggested the letter state "your proposal to the City for repurchase of leases in the amount of $300,000 plus the $50,000 for lien is unacceptable. Your offer of allowing the City to participate with development of this harbor of costs of $1 Million cannot be accepted at this time because Council cannot make a commitment of taxpayer dollars to that degree." She also said the letter should not make any reference to Commissioner Williams or the Harbor Commission. CITY OF KENAI ►. O. BOX NO KENAI. ALASKA 99611 ME/NONE 203 • 7535 October 9, 1980 MEMO Tos Mayor Vincent O'Reilly and Kenai City Council From: Chairman Robert Peterkin, Kenai Advisory Harbor i Commission Re: Selection of Engineering Firm The Advisory Harbor Commission at it's October 7, 1980 meeting, reviewed and discussed the detailed proposals submitted by the four engineering firms to perform our small boat harbor study and design. After careful consideration and lengthy deliberation the Commission has recommended the firm of CH2M Hill be accepted by the City Council to perform these services. In consideration of our present "holding pattern" relating to our Small Boat Harbor project, we felt it was necessary to make a recommendation, and for the City Council to approve a selection, so the other three firms can continue their business without the expectation of acquiring a contract for our project. Some firms could be foregoing some bids in anticipation of being selected to perform our project, which is considered large. Additionally, there are phases of our study which do not directly relate to the actual harbor basin that could be started immediately such as the "Bluff Erosion Study", Marine Industrial Park Planning, and economic and financial planning. For these reasons the Harbor Commission would like the Council to take affirmative action as soon as possible in accepting our recommendation of CH2M Hill to perform the services re- quired under our proposal. RP:kh It � 1 CITY OF KENAI �.� %Od Cam 4 i, " _ I. O. BOX M KENAI, ALASKA 99611 -- `• TELEPHONE 213 • ?US October 9, 1980 MEMO Tot Mayor Vincent O'Reilly and Kenai City Council From: Chairman Robert Peterkin, Kenai Advisory Harbor Commission Re: Selection of Engineering Firm for Small Boat Harbor Study and Design The Kenai Advisory Harbor Commission at their regular meeting of October 7, 1980 approved the following recommendation to the City Council: Commissioner Ackerlv moved, seconded by Commissioner Dragseth to accept Ch2flHill as our engineering firm. f 7 This AGREEMENT, entered into on this day of , 1980, by and between the CITY OF KENAI (hereinafter called "City"), and • whose address is , hereinafter called Contractor. WITNESSETH THAT: WHEREAS, the Department of Community and Regional Affairs of the State of Alaska has entered into an Agreement with the Kenai Peninsula Borough to undertake certain technical or professional services expected to be partially financed by a grant from the National Oceanic and Atmospheric Administration of the United States Department of Commerce under Section 306 of the National Coastal Zone Management Act of 1972, as amended, hereinafter called the "Parent Contract"; and WHEREAS, the Kenai Peninsula Borough has entered into an Agreement with the City of Kenai to do and perform the services undertaken under the Parent Contract by the Kenai Peninsula Borough to be partially funded as described in the rarent Contract and partially funded by the State of Alaska, which agreement is called herein the Borough Contract; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractors The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of services: The Contractor shall do, perform, and carry out in a satisfactory and proper manner the scope of services described in Appendix A of the Borough contract and Parent Contract. 3. gesponsibility of CoBt ar ctor: The Contractor shall be responsible to the City, the Kenai Peninsula Borough, and the Department of Community and Regional Affairs of the State of Alaska for all work program tasks as set forth in Appendix A of the Borough Contract, a copy of which is attached hereto, and contractor is further responsible for compliance with all terms and requirements of said Borough Contract and also with all appropriate provisions of the Parent Contract between the State of Alaska and the Kenai Peninsula Borough and Contractor further agrees to hold the City harmless from any violation thereof or from any failures to perform under. 9 0 4. Prohibition of Lobbying: The parties herein hereby agree that Contractor will not be paid for, and will not spend any time in, lobbying for the City for any project or any purposes during the term of this Contract. 5, Compensations (a) Contractor will be reimbursed for travel and per diem on receipt of claims supported by appropriate documentation in the same manner and amounts as paid officers and employees of the City of Kenai while on travel status. (b) Contractor will be paid for services in accordance with the proposal submitted, a copy of which is attached hereto. (c) Total payments under sub -paragraphs (a) and (b) shall not exceed $ (d) Method of payment shall be in accordance with the provisions of the Borough Contract and the parent Contract. IN WITNESS WBEREOP, the City and the Conractor have executed this -Agreement as of the day first above written. THE CITY OF KENAI Bys Wm. J. Brighton City Manager Dates ATTESTS Janet Whelan City Clerk CONTRACTORS Name Titles Dates_ rl . e- CITY OF KENAI 110d eaj� dj 4" I.O. EOX NO KENAI, ALAEKA 9%11 TELEPHONE 7E9 • 74,1E October 9, 1980 MEMO To: Mayor Vincent O'Reilly and Kenai City Council Proms Chairman Robert Peterkin, Kenai Advisory Harbor`e0 Commission, Res Selection of Administrative Coordinator _ The Kenai Advisory Harbor Commission at their regular meeting of October 7, 1980 unanimously approved the following recommendation to the City Councils Commissioner Williams moved, seconded by Commissioner Issacs, that a recommendation be sent to the City Council indicating that the Harbor Commission has selected from the available -applicants, Mr. Gary Davis to be the Administrative Coordinator and request that City Council act in having the contract prepared. RPskh CITY OF KENAI Vd G'a pal of 41 ia" �- `�, F. O. !OK NO KENAI. AIASKA 99411 "- TRIPRONE 9113 • 76711 October 2, 1980 MEND To: Kenai Advisory harbor C=nission From: Gary Davis, Acting Administrative Coordinator Res Administrative Coordinator Services Contr in view of the latest develop►IPnts concerning the activity of the Small Boat Harbor location, design and construction, it could appear to some individuals that there is no longer a need for an Administrative Coordinator, or at least a couple months delay would be warranted. Upon reviewing the Borough's Coastal Hanagerlent Program, and other OC44 related activity, I have oanpiled the following information to hopefully encourage the passage of a reoaanendation to contract for Coordinator's Services for the City Council's a►�roval. OCK - Wetlands study - :he state Office of Coastal rlanageraent could provide funds to contract a study to develop a Kenai City Wetlands Ordinance. This study would map, classify, establish types of develop- rlent allowable, and work towards a "general" permit for as much area as possible. I foresee an abundance of coordination necessary to assist the consultants in locating specific areas of interest, introducing them to local persons with specific problems relating to Wetlands, and assisting than with mapping and other information obtained through City Hall. U. S. Fish and Wildlife Service - Areas Meriting Special Attention - 7he City of Kenai has given the Harbor Ccndssion the responsibility to de- velop a Master Plan of the TideL=IsAlaterfront area which has bow zoned Heavy Industrial. There are approrimate.ly 650 acres of Heavy Industrial zoned land within the City lir-Ats, of this, approx3nately 450 is in the eeaver Loop Waterfront area (!Karin Industrial park). The &NSA is request- ing 160 acres of this area be exempt fran any developrent which would severely lirmt the City'a .otential revenue base as well as limiting the area for expanding marine and fisheries related deveiopwnt and it's supporting industry. There are many land use and environ^rntal questions and answers that need to be studied and researched to cane up with an approved plan for this area, which ;could -add cc siderably to the Aitain- istrative Coordinator's workload. Memorandum to Kenai Advisory Harbor Commission October 2, 1980 Page 2 Kenai Peninsula Borough - Coastal Development Program - Kramer, Chin and Mayo are currently developing Prase II of this program. One area of concern to the City of Kenai should be the plan to restrict the entire "Bluff" area from any development to a point 200' back from the top of the bluff. This will have severe ewnamic impact on many property owners. Since. the Harbor Commission is involved to some degree with bluff erosion problems it seems that the proposed engineering study could possibly address this problem and rewMend, some solution which would have a positive effect an this restrictive inclusion in the Borough program. Engineering Proposals - I have not been completely convinced that the Commission will not select one of the firms to perform some phases of cur 07. The bluff erosion problem is a prime exanple. Should a selection be made there will be same coordination necessary. Additional areas the Cm missicn should consider having some correspond- ence and research on are: Alaska Coastal Policy Council Meetings PNWA Tract "A" Development 1974 State Bond Monies Pa -evaluation Tidelands lease Coordinate COE Section 107 Study Port Of Entry I hope this memo provided the Harbor C=nission with sufficient data to determine the need for an Administrative Coordinator's services. GM:kh IZ'.!9'F7. OF I. AN11 %TATI�, W.%r nF OjTAI,IFICATIN'J.R o . "ATWINIMATIVE OOMINMOR EUVICE.S" _ OFFICE OF UM CITY MANA W, CITY OF imm P. 0. BOY 580 IWAI, ALMU Mll i Submitted by: GARY L. DAVIS, lY"NEp GARY L. DAVIS CfY:'.T'AW. P. 0. BCC. 2-486 80Ii1 TWA, ALA%M OWSP +3 1 I Er - GARY L. DAVIS CO. P.O. BOX 2486 SOLDOTNA, ALASKA 99669 OFFICE OF THE CITY MANAGER CITY OF KENAI P. 0, BOX 580 KENAI, ALASKA 99611 RE: ADMINISTRATIVE COORDINATOR SERVICES Dear Mr Brighton I am pleased to submit this letter of interest and accompanying qualifications in response to'your announcement of 4ugust 25th, 1980, W qualifications I' both in experience in related fields and knowledge of what needs to be accomplished, can provide you. with the coordination needed to see your small boat harbor project properly administered.. If selected to provide the referenced services, I will be available on a full-time basis. However after assessing the activity need- ed to perform these services, I would anticipate it taking no more than 759% of my time. In consideration of this assessment my "costs of services" (Attachment B) include a "not to exceed" figure. To provide a close proximity to the Harbor Commission and the City Administration, I will establish an office, with a secretary/rec- eptionist, within the Kenai city proper. To assist you in reviewing my experience the following details summarize some of my experience related to the technical aspects required under this contract: EXPERIENCE GRAZIT WRITING: 1.11ii.le employed by the Kenai Natives Association, Inc. I performed as Grants .triter/Programs Analyst from September, 1975, to October, 1976. Projects worked on during this period .•sera - 1. Completed a grant, with surporting budget, for $137,00 to provide Construction Assistance to KNA. 2. Completed a grant to provide omployment assistance under CETA Title III to ten socially/economically disadvantaged. 3. Completed a Johnson/01t.alley su.ple:nental Education Grant, 4. Completed a 310,000 mini -grant to provide Alcoholism Coun- seling to Native Persons residing in the Kenai area. GRANT ADMINISTRATION: As Progra•mr. Analyst, or 'Programs Director, I administered all the above grants. In addition, I administered the 3i1dwood Boarding Frogran in 1974-1975 (3I:,-E ucation, L=. Dept, of the Interior), and I revi ewsed the regulations/guidelines an•: analyzed the adudnistration of the In?ian lcticn Team Pragram (3IA-Vocational Education, U.S. ;eft. of the Intariar). ADMINISTRATIVE COORDII'1AT0I'. SMVIC,sS Pagro Two Also: Aanalynpd and made recommendations to the "Horticulture Fro - gram'' (Office of Native American Programs, Health, Education, and :7alfare), and analyzed and made recommendations to the "Industrial Development" grant (Economic Development Admin. - U.S. Dept. of commerce). KNOVILEDGE OF HARBOR, WATER APID S?': XR PROJECTS: As manager of Wild - wood Construction I coordinated the study and desi ;n of VIA' s proposed fish processing plant and dock. This coordination includ-. ed working with the design engineers soils examination teams, Corps of Engineers section 404 permit process and responding agencies, land acquisition, and ingresVesress rights. A valuable exmerience related to this •froject was working •r,3th Juneau legislation in exrediting the section 404 permit through State agencies. In 1977 I conducted a study and design of a recreation boat marina for Bents Equipment/Loren Stewart in the Ridgew%y area of the Kenai River. Again the Corals permit was completed and processed. This experience with the Kenai River and its environmental and hydrological factors proved a valuable experience. During my term in the U.S. Navy I spent ten months in Pearl Harbor, eighteen months in San Diego and cruised the South Pacific with time spent in Subic Bay, Fhilippines; Yokosuka, Jae.an; Christ- church NewZeeland; and Quanset Point, Rhode Islam:. All of these Ports Eve differing designs and a_,2;roac1i%:- that a sailor would '1 become aware of. . i�TER AND .SMIER: Ben's Equipment, oared by my father started business in 1976. His primary line of work is excavation and ` installation of sewer and wat?r facilities. I have been involved with his company since its inception as an operator, laborer, j assisting in estimating project costs, and marketing. As manager of ;7ildwood Construction, Inc. I was involved in the following related projects: 1977- Bethel IRS Iiosrital pile -driving sub -contract ` 1978- Anchorage Sever Project, 36th Ave., providing bedding material. 1978- City of Kenai, 'Beaver Loop to Dogwood `dater Line. 1978- City of Kenoi., '„ollhouse 101 5aterlino sub -contract. HEAVY. ErUIPI E14T 01:2RATIOi4 CominS from a construction family I have been indoctrinated through on -the -job -training as an onorator and gasoline mechanic. As a member of M034 302 I have operated or performed tho following duties: Rig Oiler - Cranes and Backhoes Operator - Dozers, Backhoea, laving machines, Crushers, Screening 'rlant.a, Ceme::t Batch Plants, and End Dump Trucks. • ADIdIIIISTRX.VIV:; COORDINATOR S&IVI.C33 rage Three OFFICE 14.01AGE14ENT: As Programs Director for XNA I managed a $1 mullion program with twenty-five employees, and as I•fanager of to .ildwood Construction I managed the office operations for four years. During those periods I established filing systems for all correspondence and financial systems and instructed the office staff do :procedures. KENAI RIVER CORRIDOR: As a nineteen year resident of the Kenai area I have observed the growth of the area the increased use of the Kenai River and its adjoining lands, Ue fishing industry, oil and gas development and tourism. In addition to being in- volvod in the previous mentioned projects I have: A. Reviewed and analyzed the U. S. Fish and Wildlife Svcs "Area Meriting Special Attention~ which refers to the One -Hundred Year Floodplane as well as other effect of various forces on the river. B. Familiarized myself with aerial photogra;hy of the Kenai River basin as it aiplies to "wetlands" and corresponding drainages. ALASKA COASTAL MANAGEMENT PROGRAM: Shen the ACMP was established in 1974, I was interested in What effect it :mould have on the State and its citizens, so I was put on their mailing list to receive their nerisletter and notices of meetings. I am familiar < with the reasons for its enactment (National Environmental Concerns) and the procedures being utilized to develop the list- , �1 rict, State and Federal programs. In ilay�,1980 I attended the ..� Alaska Coastal Policy Council meeting in eau and became fam- 5un iliar with itt s function as it relates to th3 State's pur:ose under the federal Coastal Zone I•ianagement Act. Over the p.•ast three months I have gathered and reviewed numerous Publications and eorres-%ondenco detailing the entire OCH program, and the local �. (Kenai Peninsula Borough) requirements. F h SPECIAL EXPE.RI V10E: TE IPORARY .ADMI,dISTRATIVE COORDINATOR t My experience over the past three months as "temporary admin- istrativa coordinator" has given me a large amount of insight as to the precise demands and needs required to-erform the services required. During this time I have became familiar with the City's purchasing rrocedures from a "purchase -order* strnd°•oint and C contractual stand_.oint, :7hich are both imnortant to the Coordinator's - position. I have :•corked with the City Mana�or, Fublic '.arks Director, City Att,)rney, Air fort Iian_er, Office Staff, City Council, and the Advisory harbor Comminsion, all of which :7^uld :neigh I considerably in your selection process. Due to the various oper- ating procedures of these dapastrnnent.,- an: their c-)ntrolling statutes and ordinances it ::ould create a delay if someone needed to become familiar with these item:. In addition to the above itamo tharo are otter areas I have been ! `J working .rlth that arc a vital ,art of the l_3v,sory Harbor Commission. ,t i V r` , - 1, M ADMINISIRVIVE COORDINATOR r]URVIC725 Page Four They are: A. :'forking Yd.th the State Office of Coastal Management on their Pilot project "Konsi Wetlands Project". B. EDA - Technical Assistance Grant Fro-)osal. Co 1974 State "Port Facilities" Grant, 3643,500 D. Gathering arguments or solutions to U. S. Fish & Vfildlife Svc' s "ARSA" E. Developing "plans of approach's to the Harbor Commission's basic pur~ose of compiling a "blaster Flan" for the marine Industrial Site, F. Reviewing tidelands lease ordinance and existing leasers. Thank you for the op;;ortunity to submit this letter of interest and statement of qualifications. I am looking forward to assisting the Commiscion in this worthwhile project. Sincerely, Gary L. Davis, Nmer Gazy L. Davis, Co. -r Attachments: A. Restore B. Cost of Services 01 R E S U M E O F GARY L. DAVIS P.O. BOX 2486 SOLDOTNA, ALASKA 99669 -------------------------------- PERSONAL INFORMATION Born: October 8, 1945 St. Johns Hospital, Lonqview, I -lash Social Security Number: 574-16-4926 CitiWbnship: United States,by birth Mother 4/4 Finnish, Father 1/2 German Physical Characteristics: Height, 51911, height, 160 Marital Status: Married, 3 children, ages 7,6,2 Military Status: United States navy, 1964-1969 Honorable Discharge Rank: E-5, Radioman 2nd class EDUCATIO`1 High School: Grades 9-19"SCastle Rock High School Castle Rock, Washington Grade 11-12 Kenai Central High School Kenai, Alaska Graduated May 1963 College: Loner Columbia College, Longview, Wash Fall auarter 1963 Alaska Methodist University, Anchorage September 1968 thru May 1972 B.A. Education:major-HPER, 'dinar -Psych Placement folder on file at A.I.U. ATIYARDS and MFMSERSHIPS Athletic Scholarship Alaska Methodist University 1969, 197n, 1971 Academic: Scholarship `tztionnl Bang: of Alaska 1971, 1972 Selected "Outstanding Young Men in %merica" 1975 President .1 n i Peninsula Recreation L_aque , 1973 "ember '.•savors Cotircil on Recreation , 1.974-75 ?der•.ber ^itle I ;:ducation Advisory Board, 1975 (1) EMPLOYMENT HISTORY Kenai Natives Association, Inc. January, 1977-Present P. O. Box 1210 Kenai, Alaska 99611 Job Title: Office Manager-Wildwood Construction, Inc. Job Description: Direct and manage the financial, procedural, and operational areas of the construction office. May, 1976-January,.1977 Job Title: Assistant Office `?anager-Wildwood Constr.' Inc. -Job Description: Assist office manager in day to day operation of Job Office in relation to a joint venture operation. Report to and advise Kenai r;atives Association of procedural, financial and operations concerning their involvenent in the joint venture. September, 1975-`:ay,1976 Job Title: Programs Analyst/Grant .Triter Job Description: Screen government publications and laws. for possible areas of relevent financial assist- ance programs, write grants, and follow-up on application prcecrdure.' Analyze existinn government and corm-arcial _. policies to insure that Kenai Natives Assoc. is meeting regulation3 and requirements _accordingly. July, 1973-September,1975 Job Title.- Director, wildwool Boarding Program Job Description: Direct all operations involving the boarding, feeding, recreation, education and social lives of 200 rural Alaskan dative secondary age students. August, 1972-Jule, 1973 Job Title: Recreation Direct::.,/Counselor-t-lild:rood Boardiga Program Job Description: Oversee the operation of all recreation facilities, coordinate recreational activities oL boarding students. Counsel students with any problems the': -a ✓ have in relation to their social. lives or education, etc. (2) 1 u �ellir0(aniMrir P EMPLOYMENT HISTORY -continued Peter Kiewit and Sons Construction Co. Seattle, Washington July, 1972-August,1972 Job Title: Paving Machine operator Job Description: Kenai Urban Renewal project - Terminated to: Accept a permanent position K Inc. and TIM. Champion Construction Co. Anchorage, Alaska June,1971-September,1971 Job Title: Cement Batch Plant Operator Job Description: Building construction, Cold Bay, Alaska Terminated to: Return to college Aspeotis Construction Co. Anchorage, Alaska June,1970-Septenber,1970 Job Title: Equipment Oiler Job Description: Service and maintain orera"tion of bacl:hoe on a seater construction job. Terminated to: Return to college Piational mechanical Contractors Anchorage, Alaska July,1969-September,1969 Job Title: EquipMent Oiler Job nescription: Service and maintain operation of crane on an oil pipeline construction job. Terminated to: Return to college J.m. Covinaton Co. Y.enai,Alaska Vay, 1968-Septeriber, 1969 Job Title: Laborer Job Description: Manual labor invol:•e-1 in construction. of a natural qas pipeline. Ter.mi.nated to: Enter college (3) PEFF.Pit `-CM mR. JOIIN PD.NMR, FTC.i.°PIVF. FIIPFC-TrR XMI NATIVF,.S ASSMIATION, mr., P. O. BOX 1210 KeMi g X ASKA OM11 MR, RIM RP iWIiSON, ."•��NA BMS" A.F.'nACE CO, , op?fit :VI?Y M'GS I)lVISlml 7717 S.3rd, ?1F SFATPLE, :9ARSHIP:fri l CA115 ?MS; DOLLY M, FARPISI':DM- 1 P. O, BOX 3,10. SOIJXYMA, ALASKA 99669 bit. MIFX TA(IRIA�1, P,B. CONSULTING I'h' UM ? C)WXWA BI.'IIAINS SOUXNN A, ALASKA 99P,6A UP. TEIf.>tM MIEP FIMTE 1, Box 346 FOREST GFAVI;, OPErM 97116 ?IR. IIAPOLD DALE, VICE ARMIDF*T LE) OBEF?TS INSLTANCF, INC, BOY IWO, OBETr.S PWILDIM KmI, ALAISKA Pffi11 IM, RICMM CAFTMAN, PFM PRINCIPAL, KMAI F.LF"'1:`IJ ARY ROKYN, WTAI , AI.ASKA 99611 R ADMINISTRATIVE COORDINATOR SaRVIC S - ATTACIIMIE i2 B «. f COST OF SERVICES Hr1y Not -to -exceed A. Admin, Coordinators Svc ts $19.00 $30000 S. Secretarial. Svc's $11.25 $189000 C. Office (rent, a ui�).) $3?5/month S 3 500 D. Communications kphone, postage) B75/month $ '900 E. Local Transportation .25/mile, est. 6,000 miles 3 10500 F. FR.sc. (ads, binding,, etc.) $ 3. QOO TOTAL 4S�j, f300 Other ex,enses (travel, perdiem, car rentals, etc.) to be covered by the City. .f TA — CITY OF KENAI 6;atz" 4 44u4a,'Ff V. O. SOX $00 KENAI, ALASKA 99611 TELEPHONE 20:. 7033 CERTIFIED -RETURN RECEIPT REQUESTED October 61, 1980 Mr. R. L. Roper P. O. Box 48 Kenai, Ak 99621 Dear Mr, Roper: On October 10, at a regular City Council meeting I was directed to inform you that the City Council is in receipt of your letter, hand delivered to me September 29, 1980. I was further instructed to inform you that yyour proposal to the �.. City of Kenai for repurchase of your leases in the amount of $300,000, plus the $50,000 to eliminate the lien that has been j filed against you by one of your former partners, is totally unacceptable. In addition, your offer to the City to participate , with you in the development of a small boat harbor at a cost of $1,000,000 is also unacceptable. i Based upon your expressed intent to proceed with this project, the City is at this time dropping all activities relating to harbor development, design, and construction. The City would encourage you to start construction of your development as i stipulated in your leases with the City of Kenai for a dock, warehouse, small boat harbor, loading ramp, and other facilities, and if at any time the City can provide you with advice that would be beneficial to the project, it is our intent to do so. Sincerely, 1-1m. J. B ,ghton City (tanager cc: Councilmembers Ts THE FOLLOWING CHECKS ARE OVER $1,000.00 WHICH NEEDS COUNCIL APPROVAL OR RATIFICATION 10/15/80 VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.O. FOR APPROVAL 1 Air-Tok, Inc. j 2,200.00 Street Light Maintenance Street Lighting Repair 6 Maintenance 2,200.00 12343 I ' Clary Insurance Agency 18,635,00 Quarterly Liability Nan -Departmental Insurance 18,635.00 f Coopers 6 Lybrand 8,500.00 3rd Billing/Annual Audit Legislative Professional Services 8,500.00 7 Glacier State Telephone 2,199.84 October Phone Bill Various Communications 2,199.84 Homer Electric Association 7,854.08 September Electricity Various Utilities 7,854.08 Peterkin Distributors 1,135.60 Coffee Shop Operating Supplies 75.50 20796 Misc. Groceries COA-Congregate Meals Operating Supplies 504.96 20781 Miac. Groceries COA-Rome Delivery Operating Supplies 126.24 20781 Milk Jail Operating supplies 13.20 20814 Misc. Groceries Jail Operating Supplies 415.70 20775 j 8outbcentral Communications 1,203.50 October Maintenance Contract Communications Repair 6 Maintenance 880.25 20246 October Maintenance Contract Water Repair 6 Maintenance 102.30 20246 October Maintenance Contract Sever Repair 6 Maintenance 153.45 20246 Ala= Repair Sever Repair 6 Maintenance 67.50 20832 Mike Tauriainen, P.E. 1,368.00 Testing Services STP Construction Miscellaneous 930.00 Testing Services STP Construction Miscellaneous 438.00 i FOR RATIFICATION Fred Parnell D/B/A Deaver 2,383.00 Sept. Bldg. Maintenance Terminal Professional Services 2,385.00 20119 Janitorial i National Bank of Alaska 33,737.00 Sept. Federal W/H General fund Liability 33,737.00 Alaska Municipal Employees 11,194.00 Sept. W/H General Fund Liability 11.194.00 Federal Credit Union • Blue Cross of Alaska 9,539.78 October Medical Insurance Various Health Insurance 9,539.78 r State of Alaska 18,673.85 Sept. FICA Various PICA 18,673.83 PERS 20,956.25 Sept. Retirement Various Retirement 20,956.25 i CHECKS OF $1,000.00 Page 2 10/15/00 VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.O. Alaska Bank of Commerce I 320,000.00 Cort. of Deposit-10/t/80 TCD Central Treasury 320,000.00 National Bank of Alaska 550,000.00 Cort. of Deposit-10/7/80 TCD Central Treasury 550,000.00 f National Bank of Alaska I 200.000.00 REPO - 10/9/80 Central Treasury Central Treasury 200,000.00 i r i! t :r 1 ' i REQUISITIONS OVER 01,000.00 WHICH NERD COUNCIL APPROVAL 10/15/80 VENDOR pESCRiPTION DEPARTMENT AC(,OIR7T AMnuH1' Jackovich Tractor Cutting Edges Shop Repair/Maint. Supplies 19996.70 Contractor's Equipment Slower Repair STP Repair & Maintenance 2,080.00 -1 1 . ■ i i l l I E r t` CITY OF KENAI k n ORDINANCE NO, 620-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING FUND BY $53,567 FOR VARIOUS CAPITAL EXPENDITURES. WHEREAS, the Council of the City of Kenai has reviewed in a work session requests from City Department Heads for appropriations of ; Federal Revenue Sharing Funds, and WHEREAS, determination has been made concerning the desirability of and the need for the purchase of certain assets for the City, and WHEREAS, Pederal Revenue Sharing monies are available for these expenditures, 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, thats erection 1: The 1980-81 Annual Budget of the City of Kenai be amended to include the items in categories as listed on Exhibit A. which is attached and made a part of this ordinance. 4 Section 2s Estimated revenues and appropriations be increased as follows: r Federal Revenue sharing Pund Increase Estimated Revenues: Federal Revenue Sharing,,SG7 Increase APP P ro riations: Transfers to General Pund $53,567 General Pund Increase Estimated Revenues: Transfers from Federal Revenue Sharing Pund Sr�67 Increase Appropriations: - --- Non -Departmental -Buildings $ 8,992 - -- Police-Machinery & Equipment 12,500 1 Fire -Machinery & Equipment 20,675 Animal Control -Machinery & Equipment 3,500 Public Works Administration -Machinery & Equipment 2,500 Shop -Machinery & Equipment 1,900 p ✓ Shop -Buildings 3,000 Parks -Machinery & Equipment $10,500 i �53 ,567 i r. — sir Ordinance No. 620-80, P. 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day• of November, 1980. VINCENT O'REILLY, MAYOR j ATTESTs Janet Whelan, City Clerk First Readings October 15, 1980 Second Readings November 5, 1960 i Effective Dates November 5, 1980 Approved by Finances Cy j 3 r.. Ord. No. 620-80, P. 3 "EXHIBIT A" List of Federal Revenue Sharing Appropriations by asset names DeAartment Item Amount Dyn Total General Pund s Non -Departmental Remodel kitchen (Pt. Kenay) $ 5,035 Non -Departmental Winterize windows (Pt. Kenay) 11957 $ 8,992 Police Station Wagon, radio, shotgun, siren, light package $j 2,500 12,500 Fire Test tank 10,000 Speakers & mike 675 10,675 Animal Control Radio & charger 2,000 Cat cages 1,,500 3,500 r P. W. Admin. Radio b Charger 2,500 2,500 Shop Remodel generator room to tool room 3,000 3-ton press 400 Three hose reels 10500 4,900 Parks Lime spreader b seeder 2,000 =---- Pickup w/dump 8,500 $10 ,50Q TOTAL ,567 0 CITY OF KENAI ORDINANCE NO. 621-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET TO INCREASE THE RESERVE FOR SELF-INSURANCE BY $100,000. WHEREAS, the City does not maintain insurance coverage for replacement of vehicles and equipment lost through accident or theft, and WHEREAS, a reserve for self-insurance has been established in the General Fund in the amount of $10,000, which is clearly insufficient in the event of a major loss of equipment, and WHEREAS, the City Council desires to have this reserve increased by $100,000 in order to restrict monies in an amount sufficient ato ndprotect the City against possible future losses of equipment, WHEREAS, in the event of loss or change in circumstcnces, any increase or decrease or use of monies in the reserve shall be made by ordinance. 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 be made: Increase Estimated Revenues: Appropriation from Fund Balance $100000 Increase Appropriations: Other -Transfer to Reserve (for Self-insurance) $100,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Sth day of November, 1980. ATTEST: Janet Whelan, City Clerk ' Approved by Finance:_ VINCENT O'REILLY, MAYOR First Reading: October 15, 1980 Second Reading: November 5, 1980 Effective Date: November 5, 1980 0 CITY OF KENAI ORDINANCE NO. 622-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF RENAL, ALASKA, REPEALING INC 1.65 WHICH PROVIDED FOR ELECTION AND APPOINTMENT OF BOROUGH ASSEMBLY REPRESENTATIVES FROM THE CITY OF KENAI. WHEREAS, the State of Alaska, pursuant to statute, has determined that Borough Assembly representatives should be elected from districts, and has removed the power of the City of Kenai to appoint or elect its representatives to the Kenai Peninsula Borough Assembly, and WHEREAS, INC 1.65 providing for qualifications, classification of representatives, election of representatives, and ratification of first appointment of representatives is now invalid because of the preemption by the State under AS 29.23.020 and 040 and subsequent reapportionment and redistricting by the Department of Community and Regional Affairs of the State of Alaska, and WHEREAS, the Kenai Municipal Code should be kept current and conflicts with State law should be removed therefrom, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASRA, as follows: Section 1: INC 1.65 is hereby repealed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of November, 1980. ATTEST: Janet Whelan, City Clerk VINCENT OIREILLY, MAYOR First Reading: October 15, 1980 Second Reading: November 5, 1980 Effective Date: December 5, 1980 Sf CITY OF KENAI ORDINANCE N0, 623-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE STATE JAIL CONTRACT FUND 1980-81 BUDGET BY $500 FOR REPAIRS AND MAINTENANCE. WHEREAS, inspection of the Public Safety building heating system reveals that deficiencies exist in the heat sensing system within the jail cell block area, and WHEREAS, it is estimated that it may cost up to $500 to correct these deficiencies, and WHEREAS, the fund balance in the Jail Fund has approximately $10,000 available for appropriation, 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 the following increases in the 1980-81 State Jail Contract Fund budget be made: Increase Estimated Revenues: Appropriation from Fund Balance $500 Increase Appropriations: Jail -Repair & Maintenance $500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of November, 1980. ATTESTS Janet Whelan, City Clerk Approved by Finance: Pig " VINCENT O'REILLY, MAYOR First Readings October 15, 1980 Second Readings November 5, 1980 Effective Dates November 5, 1980 1 n CITY OF KENAI RESOLUTION NO. 80-154 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGETS 1 Proms Contingency ($10,000) Tos i Legislative -Transportation $10,000 This transfer provides monies for legislative travel to municipal league functions and other functions benefiting the City of Kenai. PASSED BY THE COUNCIL OP THE CITY OP KENAI, ALASKA, this 15th day of October, 1980. VINCENT O'REILLYF MAYOR ATTESTS Janet Whelan, City Clerk Approved by Finances l—r-e R _ CITY OF KENAI RESOLUTION N0, 80-155 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGET: Proms Contingency ($350) Tot Harbor Commission -Overtime $350 This transfer provides monies for secretarial services for the Harbor Commission through the end of the fiscal year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finances r4 eZ CITY OF KENAI RESOLUTION NO. 80-156 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PROJECT MANAGEMENT, COORDINATION, AND ENGINEERING INSPECTION SERVICES TO WINCE, CORTHELL, BRYSON, AND FREAS IN THE CAPITAL PROJECT FUND ENTITLED "SOUTH FRONTAGE ROAD OF THE KENAI SPUR HIGHWAY, 1980 STREET IMPROVEMENTS," STATE OF ALASKA GRANT NO. 80-OSS, WITH A NOT -TO -EXCEED FIGURE OF $43,000.00. WHEREAS, the City of Kenai has had the above mentioned project designed by Wince, Corthell, Bryson, and Freas, and WHEREAS, the City of Kenai feels that it would be to the best interest of the City to also hire Wince, Corthell, Bryson, and Freas for Project Engineering Services, and WHEREAS, Wince; Corthell, Bryson, and Freas has offered to provide these services for a sum of not -to -exceed $43,000.00, and WHEREAS, the signing of the agreement will not take place until sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Wince, Corthell, Bryson, and Freas•for the Capital project entitled "South Frontage Road of the Kenai Spur Highway, 1980 Street Improvements" State of Alaska Grant No. 80-OSS for a not -to -exceed figure of $43,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this lSth day of October, 1980. I C T , R ATTEST: Janet Whelan, City Clerk Approved by Finance WINCE CONSULTING ENGINEERS CO RTH E LL Sept. 18, 1980 BRYSON & FREA City of Kenai P.O. Box 580 Kenai, Alaska 99611 Attention: Keith Kornelis, Director Public Works Department Subject: Proposed Inspection/Resident Engineering Service -South Frontage Road Kenai Spur Highway In accordance With your verbal request, we herewith submit this proposal for Engineering Services for your consideration with regard to the subject project. We propose to perform the following tasks for a fee not -to -exceed $43,000.00 charged in accordance with our enclosed list of Rates and Charges. 1. Provide detailed inspection for a period up to seven calendar days after the Contractors original completion date. 2. Provide sufficient reference survey control to construct the project. 3. Review and Approve estimates for progress and final payment. 4. Provide control testing to insure conformance of construction work to contract requirements. 5. Make final inspection, daily and final reports. 6. Prepare reproducible as-builts. If you have any questions, please contact our office at your earliest convenience. Very truly yours, WINCE-CORTHttt-MMON & FREAS 0- LQ's?k& D Philip W. Bryson, P. Encl: Schedule of Rates 9; Charges BOX 1041 KENAI,ALASKABOBI'1 PHONE C8073263-4672 rA SCHEDULE OF RATES AIJA CHARGES FOR E3GItJEERING SERVICES EFFECTTJE MARCH 15, 1980 ENGINEERING RATE PER HOUR Schedule A Schedule B Engineer I 09.00 2.00 Engineer II 2.00 5.00 Engineer III $36.00 $39.00 Engineer Technician 126.00 33•00 34.00 Senior Draftsman 28.o0 Draftsman $21.00 123.00 Typist (Reports and Specifications Only) $21.00 $23.00 Schedule A shall apply to all individual jobs for which the total time charged, during any four consecutive weeks, is 80 hours or more. Schedule B shall apply on all other work. SURVEYING 4-Man Party f13T.00 3-Man Party $104.00 2-Man Party $71.00 Crew Chief Alone �38.00 Electronic Distance Measuring Equipment 12.00 Special Equipment At Subcontract Cost ADDITIONAL CHARGES 1. Automobile travel for trips to points in excess of five miles from office, at the rate of $0.35 per mile both ways. 2. Actual cost of airline, charter, train, bus or cab fare or auto rental. 3. Actual cost of subsistence and lodging. 4. Actual cost of long-distance telephone calls, telegrams, freight and express charges, and postage other than ordinary first-class. 5. Actual cost of materials required for the job and used in surveying, printing and reproduction costs. 6. Actual cost of special tests and services of special consultants. To the total amount of Items 2 through 6 above, an amount of ten percent (10%) shall be added for administrative and overhead costs. 1. Project I. D. Project No. PROJECT MANAGEMENT, COORDINATION, AND ENGINEERING INSPECTION SERVICES CONTRACT BETWEEN: CITY PROJECT ENGINEER City of Kenai P. 0. Box 580 Kenai, AK 99611 (907) 283-7535 TABLE OF CONTENTS Section Title 0 Title Page and Table of Contents 1 Services Rendered 2 Period of Service 3 Basic Services of the Project Engineer 4 Consideration for Basic Services Performed by the Project Engineer or his Subcontractors S Additional Services of the Project Engineer 6 Consideration for Additional Services Performed by the Project Engineer or his Subcontractors 7 Method and Times of Payments to the Project Engineer 8 The City's Responsibilities 9 General Conditions 10 Execution Attachment A - Rate Schedule Attachment B - Certificate of Insui,ance Page 1 2 2 3 9 10 1' Y 12 13 14 17 Project I.D. Project Number: PROJECT MANAGEMENT, COORDINATION, AND ENGINEERING INSPECTION SERVICES CONTRACT hereinafter referred to as "Project Engineer" hereby enters into the following contract with the CITY OF KENAI, a first-class home rule municipality, hereinafter referred to as "CITY," this day of , 19 . In consideration of the mutual covenants set forth herein, the City and the Project Engineer agree as follows: SECTION 1 ` SERVICES RENDERED 1.01.00 Project Engineer agrees to perform the project management, coordination, and engineering inspection services for the following projects: Project No. Project Description SECTION 2 PERIOD OF SERVICE 2.01 Starting and Terminating Service 2.01.01 Following the authorization to proceed from the City, the Project Engineer will proceed with the performance of the services called for in this Agreement. 2.01.02 Unless sooner terminated, as provided in Article 2.02, this Agreement shall remain in force for a period which may reasonably be required for the construction of the project, including extra work and any required extension thereto but not until detailed progress reports are submitted for each project. However, the provisions of the Article 9.03 shall remain in effect after termination of the provisions of this Agreement. 2.02 Termination Prior to Completion 2.02.01 The City, at its option and for any reason, may elect to terminate this Agreement upon thirty (30) days notice after paying the Project Engineer in full for all of its just rates, charges, expenses (not exceeding the not -to -exceed figure for basic services), rendered up to the date of termination. Should any project extend beyond this termination date then the Project Engineer may be released from his obligations hereunder after presenting to the CITY all records so that the CITY may complete the inspection project in-house. In no event shall the Project Engineer be compensated beyond the not -to -exceed amount as agreed to in Article 4.01 of this Agreement or beyond the amount authorized in writing by the City under additional services. 2.02.02 This Agreement may be terminated by either party with seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is so terminated, the Project Engineer shall be paid as provided in Sections 4 and 6. SECTION 3 BASIC SERVICES OF THE PROJECT ENGINEER 3.01 Project Engineer's Supervision 3.01.01 The Project Engineer shall keep the City informed of the status of the work being done for this project. 3.01.02 The Project Engineer shall provide daily supervision on site during construction to observe and.provide written reports of progress and quality of the executed work and to determine in general if work is proceeding in accordance with the Contract Documents. His efforts will be directed toward providing assurance for the City that the completed project will conform to the requirements of the Contract Documents, and as the City's Representative, he will keep the City adequately informed of the progress of the work and will endeavor to guard the City against defects and deficiencies in the work of the Contractor, and may disapprove of or reject work as failing to conform to the Contract Documents. 3.01.03 The Project Engineer shall make arrangements for and supervise any required testing necessary for the project and shall supervise any required subsurface explorations to determine amounts of excavation necessary on the project. - 3 - 3.01.04 In order to fulfill his duties properly, the Project Engineer shall: a. Be completely familiar with the Contract Documents before commencement of the work. b. Notify the design architect/engineer of any discrepancies observed, and request clarification for all items not fully understood. c. Obtain from the design architect/engineer further details or information if required for the proper execution of the work, and notify him about all phases of the work and meetings that may request his presence. d. Be available during the contract construction phase to advise the City as to interpretation of the Contract Documents, including the working drawings. e. Keep ahead of the work being performed so as to anticipate items that might tend to interfere with the progress of the construction. f. Be familiar with codes applicable to the work. Request interpretation if in doubt. g. Generally be acquainted with and have access to referenced standards. h. Request manufacturer's literature or printed instructions if referenced. i. Consider suggestions or recommendations made by the contractor, and refer them to the design architect/engineer and/or the City. J. Accompany the design architect/engineer when they are observing or inspecting the work. k. Notify the design architect/engineer or City of material deliveries that are out -of -sequence. 1. Observe actual progress in comparison with estimated progress. m. Record and report conditions that -may cause a delay in completion of the work. 3.02 Project Engineer's Authority 3.02.01 The Project Engineer shall be the City's authorized representative on the project and shall act as liason between the City and the contractor. 3.02.02 The Project Engineer shall observe the work and inform the contractor in writing of his failure to meet the requirements of the plans and specifications. He will request the contractor to correct any deviations from the plans and specifications. He will also notify the City in writing of any deviations, requests made to the contractor, and corrections made by the contractor within three (3) hours if possible. 3.02.03 The Project Engineer shall act as the Engineer as provided for in the Specifications of the project listed in Section 1. The extent and limitations of - 4 - i the duties and responsibilities and authority of the Engineer as assigned in said Standard General Provisions shall not be without the City's written consents all of the City's instructions to the Contractor shall be issued through the Project Engineer who shall have authority to act on behalf of the City to the extent provided in said Standard General Provisions except as otherwise provided in writing. 3.02.04 The Project Engineer will issue all instructions of the City to the Contractor and prepare routine change orders as required. He may, as the City's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed). He will interpret the terms and conditions of the Contract Documents, and will make recommendations on all claims of the City and the Contractor relating to the execution and progress of the work and all matters and questions related thereto. 3.02.05 The Project Engineer shall not be responsible for the acts of omissions of the Contractor, any subcontractor or any of the Contractor's or subcontractor's agents or employees or any other person performing any of the work under the construction contract (i.e., construction deficiencies). 3.02.06 The Project Engineer shall not advise on or issue directions relative to any aspect of construction means, methods, techniques, sequences, or procedures. 3.02.07 The Project Engineer shall not assume responsibility for any safety procedures, but if hazards are observed, he should report the conditions to the City and record them. 3.02.08 The Project Engineer shall not authorize deviations from the Contract Documents except as provided in Article 3.02.04, nor interfere with the work to be performed by the contractor, nor assume any responsibility for the performance of the work. 3.02.09 The Project Engineer shall not stop the work except with written authority of the City. 3.03 Project Engineer's Reviewinq and Recommending 3.03.01 The Project Engineer will review and make a recommendation of proposed contract change orders for approval. To be effective, all change orders must be approved by signature of the contractor, design architect/engineer, project engineer, and the City. 3.03.02 The Project Engineer will monitor and review the - 5 - certified payrolls/subcontracto each contractor and subcontractor, and forward the sao the City. He will also -make surerd-(;�,f the contractor and :mm send-�f Kcl copies to Alaska Department of Labor. j/ L 3.03.03 The Project Engineer shallcheckand approve shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections and other data which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. He will assemble maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection as required by the Contract Documents. 3.03.04 He will review and make recommendations for approval of the contractor's schedule of amounts for contract payment. 3.03.05 Based on his on -site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and supporting data, the Project Engineer will determine the amount owing to the Contractor and recommend by signing the pay estimate and/or by letter, payment to the Contractor in such amounts. Such recommended approval of payment shall constitute a repre- sentation to the City, based on such observations and review, that the work has progressed to the point indicated and that, to the best. of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval). The Engineer's recommended approval of an application for.payment shall not be deemed to have represented that he has made any examination to determine hoar or for what purposes the Contractor has used the monies paid on account of the contract price. 3.03.06 Partial or final pay estimates for payments to the contractor must be approved by signature from the Contractor, design architect/engineer, project engineer, and the City before payment will be made. s 3.04 Project Engineer's Reporting and Recordkeeping 3.04.01 The Project Engineer shall see that all correspondence, plans, survey books, drawings, memos, reports, charts, manufacturers data, operation and maintenance manuals, or anything else that relates in any way to the project is delivered in a timely and orderly fashion to the City. - 6 - 3.04.02 The Project Engineer shall: a. Organize a complete system of construction records including without being limited to, the following: 1. Daily log book, daily report system 2. Progress report system on a monthly basis 3. Correspondence file 4. Payment file 5. Change order file 6. Shop drawing and sample submittal file 7. Substitutions file 8. Test and inspections file 9. Site conference file 10. Job memo file b. Obtain a complete set of Contract Documents. c. Obtain or have access to all codes and standards governing the work. 3.04.03 The Project Engineer shall ascertain that a workable method of procedures is developed concerning communi- cations, correspondence, shop drawings, samples, substitutions, payments, changes, tests, and specialized inspection. 3.04.04 The Project Engineer shall present daily reports to the City by hand delivery to the City Public Works Director (or his delegate); each and every day that work progresses, giving for each project the amount of time inspectors worked j on each project, the men and equipment used on each project, I and the principal items of work completed on each project. i Daily reports shall include a statement as to how the project is progressing in light of the specifications and Project Engineer's estimations as it relates to estimated quantities, soil quality, and the like. Additionally, such daily reports shall contain a complete documentation (including cause, } time, and location) of any specific directions given to the contractor relating to fulfilling his (the contractor's) obligations pursuant to the specifications. 3.04.05 The Project Engineer will keep the City informed of quantities to date and estimated before completion. The Project Engineer will notify the City immediately and in writing when he feels that there will be quantity overruns. 3.04.06 The Project Engineer shall question the contractor for assurance that he has contacted local utility companies (including gas, electric and telephone) before any excavation or ground breaking is permitted on any project and include a statement to that effect in his daily report. - 7 - I 3.04.07 In addition, the Project Engineer shall submit on a monthly basis a log of project activities and a work status. The work status shall include the current percentage of completion and the anticipated completion date of the presently authorized phase. This report shall also describe any problems or factors contributing to delay. 3.04.08 The Project Engineer shall keep an accurate record of time and materials for force account work. 3.04.09 Since the use of a camera serves as an invaluable visual record of job conditions. The Project Engineer shall file photographs to indicate pre -construction conditions, foundation and utilities placement, and conditions prior to "closing -in" to provide a good record and assist owner in future maintenance. 3.04.10 The Project Engineer shall report to the City progress made toward meeting the minority business enterprise requirement if such requirement exists. 3.04.11 The Project Engineer shall assist the City in preparing such quarterly status reports as are required by State or Federal agencies. 3.04.12 The Project Engineer shall record and report any unsafe conditions observed to the contractor and if uncorrected notify both the contractor and the City in writing within one (1) hour of such report. 3.05 Quality and Quantity Control, Surveying, and "As -Built" Drawings 3.05.01 The Project Engineer shall be required to provide construction and "as -built" surveying which will include the followings a. Centerline and Clearing Limits (full stations) b. Crosssection, Slope Staking and Quantities c. Blue Top Classified and Leveling Course (full stations, PT, PC & intersections) d. Staking curb & gutter, sidewalks, and driveways (50 ft. station and 25 ft. station on curves) e. Water, Sewer, and Storm Drain Staking --including service line locations (horizontal and vertical alignment) f. Lighting, Painting, and Siqn Locations g. All Utilitites as -built and prepare as -built drawings h. Three swing ties for all vales, cleanouts, manholes, service lines, fittings, monuments, and any other items that may need to be located in the future. 3.05.02 The Project Engineer will provide all Quality and Quantity Control and material Testing in accordance with the - 3 - Dosign Specification as part of the Section 3, Basic Services of the Project Engineer. The Project Engineer shall provide soils testing, concrete testing, and any other necessary testing for the project. 3.05.03 The Project Engineer shall work with the design architect/engineer in the preparation of an "as -built" drawing on a good quality mylar to be turned over to the City after the completion of the project. All swing ties listed under Article 3.05.01 h will be shown on the as- builts. 3.06 Final Inspection and Final Contractor Payment 3.06.01 The Project Engineer will conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the project has been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations there- under. 3.06.02 The Project Engineer will advise the City whether or not to accept the work as performed by the contractor and his subcontractors. He will also provide a punch list for unfinished work with a recommendation as to acceptance. 3.06.03 The Project Engineer will provide assistance in the initial start-up and test operation of equipment or systems and the preparation of manual$(of operation and maintenance ba,;4 mn s 1 3.06.0��)� 0 r9'ject Engineer will submit at the completion I of the project a statement saying that the project is 100% complete and ready for the City's use. SECTION 4 i CONSIDERATION FOR BASIC SERVICES PERFORMED ' BY THE PROJECT ENGINEER OR HIS SUBCONTRACTORS 4.01 Not -to -Exceed Amount: 4.01.01 The City shall pay the Project Engineer in accordance with Section 7 for Services rendered under Section 3, "Basic Services of the Project Engineer," a fee according to the - 9 - I rate schedule set forth in Attachment A, which is incorporated by reference herein BUT IN NO EVENT to exceed the amount for each project as follows: Project No. Description Not -to -Exceed 4.01.02 Third Partv Expenses a. Certain third party expenses for basic services incurred by the Project Engineer such as surveying, soil testing, soil compactions, concrete tests and the like may, upon prior written approval by the City's Public Works Director, be subcontracted for by the Project Engineer at a cost which is the product of their customary rates. All such work shall be performed by licensed surveyors and established testing laboratories at rates approved by the City prior to the start of work. Such third party expenses are included in the not -to -exceed amount listed in Section 4.01.01. b. The Project Engineer shall invoice the City for all such third party costs at actual costs plus 10%. 4.01.03 Since the City's total budget limitation for inspection cannot exceed those limits as set forth in 4.01.01 above, it is clearly understood between the parties that the Project Engineer will receive as consideration for his services on each individual project those rates and charges as enumerated in Attachment A and third party costs as set forth in Article 4.01.02 but in no event shall the City be obligated to pay more than the not -to -exceed figures for each individual respective project as -indicated in 4.01.01 above. SECTION 5 ADDITIONAL SERVICES OF THE PROJECT ENGINEER 5.01 Written Authorizations Needed: 5.01.01 If authorized IN WRITING by the City, prior to any work being done, the Project Engineer will furnish or obtain from others additional services of the following types which will be paid for by the City as indicated in Section 6: a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with Public Works project3. - 10 - v.-----r--... -"I - b. Additional services due to significant changes in general scope of the project or its design, including but not limited to changes in size, complexity, or character of construction. c. Revising previously approved studies, reports, design documents, drawings or specifications, if such revision is not due to the Project Engineer's fault. d. Preparing documents for alternate bids requested by the City for work which is not executed. e. Preparing detailed renderings, exhibits or scale models .for the project. f. Furnishing additional copies of reports and additional prints of drawings and specifications. g. Investigations involving detailed consideration of operations, manintenance and overhead expenses; and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; and material audits or inventories required for certification of force account construction performed by the City. h. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction; (2) defective or neglected work of the contractor; (3) prolongation of the construction contract time by more than 20 percent; (4) acceleration of the work schedule involving services beyond normal working hours if the construction contract time is not shortened; and (5) default der the construction contract due to delinquency or insolvency. �) Pvolo►+q�t+, O` of -Fic/e t. ervistw, ri �,�� beycnQ MWnh,, m i. Additional services and cost necessitated by out of town travel required by the Project Engineer and approved by the City other than visits to the project as required by Section 3. j. Additional services in connection with the project, including services normally furnished by the City and services not otherwise provided for in this Agreement. k. Preparing to serve and serving as an expert witness for the City in any litigation or other proceedings involving the project unless the Project Engineer is an involved party. 1. Additional services of surveying beyond those listed under Section 3.05.01. --- 0 SECTION 6 CONSIDERATION FOR ADDITIONAL SERVICES PERFORMED BY THE PROJECT ENGINEER OR HIS SUBCONTRACTORS 6.01 Payment for Authorized Additional Services 6.01.01 The City shall pay the Project Engineer for additional services rendered under Section 5, "Additional Services of the Project Engineers. a fee according to the rate schedule set forth in Attachment A. But in no event shall this amount exceed that authorized by the City when the City gave its authorization for such additional services. 6.01.02 Third Partv Expenses a. Certain third party expenses for additional services incurred by the Project Engineer such as surveying, soil testing, soil compactions, concrete tests and the like may, upon prior written approval by the City's Public Works Department be subcontracted for by the Project Engineer at a cost which is the product of their customary rates. All such work shall be performed by licensed surveyors and established testing laboratories at rates approved by the City prior to the start of work. b: The Project Engineer shall invoice the City for all such third party costs at actual costs plus 10%. SECTION 7 METHOD AND TIME OF PAYMENTS TO THE PROJECT ENGINEER 7.01 Billing and Pavments 7.01.01 The Project Engineer shall bill the City monthly and the progress payments shall be made in proportion to services performed. The compensation for services shall amount to the total services completed at the end of each month in accordance with the fee schedule provided in Attachment A minus a 10o retainage. Final payment will be made for services upon construction competion and submittal of As - Built drawing plus (30) day billing time. - 12 - 7.01.02 The Project Engineer shall submit his bill monthly prior to the last Wednesday of the month. This will allow enough time for the Council of the City of Kenai to act upon said bill. 7.01.03 With his billing, the Project Engineer shall supply copies of all time sheets, invoices from subcontractors, other invoices, and any other records available that indicate costs and manhours spent on each project. 7.01.04 If this agreement is terminated by either party, the Project Engineer will be compensated for c s up to the .... effective termination date only. The City aoption may retain 10% until the project is complete and possible known or unknown liens and/or claims are settled. 7.01.05 There shall be a 10% retainage on all billing from the Project Engineer until project completion and all required work has been performed by the Project Engineer and the Project Engineer has submitted his final billing marked "Final Bill" with a statement releasing the City of all liens and/or claims concerning his work. 7.01.06 No deduction shall be made from the Project Engineer's compensation on account of penalty, liquidated damages, or other amounts withheld from payments to the contractor. 7.01.07 The Project Engineer certifies that factual costs supporting the compensation are accurate, complete, and current at the time of the billing. SECTION 8' THE CITY'S RESPONSIBILITIES 8.01 The Citv will: a. Provide all available information as to the City's requirements for the project. b. Assist the Project Engineer by placing at his disposal all available information pertinent to the site of the project, including previous reports and any other data relative to design and construction of the project. c. Furnish the Project Engineer property, boundary, right- of-way, topographic, and utility surveys; core borings, probings, and subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples and materials, and other special consultations which ar.? presently available in City files. - 13 - -TA -,-.. d. Guarantee access to and make all provisions for the Project Engineer to enter upon public and private lands as required for the Project Engineer to perform his work under this Agreement. e. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the Project Engineer and shall render in writing decisions, if necessary, pertaining thereto within a reasonab time so as not to delay the work of the Project Engineer. f. Provide such legal, accounting and insurance counciling services as may be required for the project. g. Designate in writing a person to act as the City's representative with respect to the work to be performed under this Agreement, and such person shall have complete authority to transmit instruction, receive information, interpret and define the City's policies and decisions with respect to materials, equipment elements, and systems pertin( to the work covered by this Agreement. h. Furnish, or direct the Project Engineer to provide, at the City's expense, necessary additional services as stipulat in Section 5 of this Agreement, or other services as requirei f 6�ve �oVompE Gum he iic� -fb ��(� �'rojPc� h �rr��" GU�iNh�-oar etc �b�vues or vt- erwlde irge"FION gave o� A#tlejrpt iv, -/4e GENERAL CONDITIONS 9.01 Ownership of Documents 9.01.01 All plans, drawings and specifications, originals and tracings, documents, records, and reports, shall become the property of the City. All survey notes shall be kept in new hard cover field books and will be retained by the City at the completion of the project. Said documents shall be transmitted to the City prior to the time of final payment for this contract. The Project Engineer may maintain copies of such records. 9.02 Estimates 9.02.01 The Project Engineer small keep the City informed of any adjustments to previous estimates of the project construction cost, including any adjustments resulting from changes id the plans, engineering requirements, or market conditions. 9.02.02 Since the Project Engineer has no control over the cost of labor, materials or equipment, or over the contractor - 14 - r rn i method of determining prices, or over competitive bidding or market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design t professional familiar with the construction industry, but the Engineer cannot and does not guarantee that bids or the project construction cost will not vary from cost estimates prepared by him. 9.03 Judicial Forum 9.03.01 Any unresolvable disputes between the parties to .the conditions and terms of this Agreement shall be resolved through Judicial proceedings in the Superior Court, Third Judicial District, at Kenai. 9.04 Insurance 9.04.01 The Project Engineer shall secure and maintain such insurance as will protect him and the City as a named insured, from all claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. The minimum limits of coverage shall be: Alaskan Worker's Compensation and " Employer'A Liability Insurance Statutory/$100,000 Comprehensive General -Auto Liability With included Premises, Operations, Contractual Liability, and Owned, $500,000 Hired, and Nonowned Vehicles Combined Single Limit 9.04.02 The Project Engineer shall 'secure a certificate of insurance which shall be filed with this Agreement as Attachment B and this certificate shall provide for not less than thirty days written notice to the City of cancellation, expectation, or substantial change in policy conditions or coverage. 9.05 Successors and Assigns 9.05.01 The City and the Project Engineer each binds himself and his partners, successors, executors, administra- tors, and assigns to the other party of this Agreement and ` to the partners, successors, executors, administrators, and assigns of such other party, in respect of all covenants of j this Agreement; except as above, neither the City nor the Project Engineer shall assign, sublet or transfer his interest in this Agreement without written consent of the other. I - 15 - Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be construed part hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and the Project Engineer. 9.06 Time 9.06.01 Time is of the essence of each and every provision of this Agreement. 9.07 Definitions 9.07.01 Where the context indicates the word "City" as used herein, shall include any or all of the following: City Manager, City Council, Director of Public Works of the City, and such other persons or personnel whom the City Manager may from time to time designate to act for it in any phase of the project. 9.07.02 "Project Engineer" shall include all employees, consultants and other personnel employed or used by the Engineer providing the services under this Agreement. 9.08 Communications 9.08.01 •All written communications concerning this project shall be directed to the following: CITY PROJECT ENGINEER City of Kenai Public Works Department P. O. Box 580 Kenai, Alaska 99611 (907) 283-7535 ' 9.08.02 The City Public Works Director shall be the City's representative administering this agreement unless changed by written notice to the Project Engineer. 9.08.03 Addresses set forth herein, or any changes thereof, may be changed by written notice to the other party which shall be effective upon receipt. 9.09 Prohibition Against Contingent fees 9.09.01 The Project Engineer warrants that he•has not employed an., company or person, other than a bona fide employee working solely for the professional engineer, to solicit or secure this Agreement, and that lie has not paid or agreed to pay any person, company, corporation, individual or firm, other.than a bona fide employee working solely for the professional engineer any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting - 16 - 'F" ... I from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 9.10 Conditions 9.10.01 All employees of the Project Engineer, consultants, and other personnel employed by the Project Engineer providing the services under this Agreement, shall in no way stand to gain financially except for wages, salaries, or bonuses paid to them by the Project Engineer, i under the terms of this agreement, nor shall they own any t interest in any contracting firm, subcontracting firm, or material supplier connected with the construction of the facility. 9.11 Equal Employment Opportunity 9.11.01 The Project Engineer agrees to comply with Federal Executive Order No.11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CPR, Part 60) if this "Agreement" exceeds $10,000 and Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327330) as supplemented by Department of Labor Regulations (29 CPR, Part 5) if this "Agreement" exceeds $2,500. 9.12 Indemnity F 9.12.01 The Project Engineer shall indemnify, hold harmless and defend the City from and against any claim, action or k demand arising in whole or in part from any act or omission 4 of the Project Engineer, its agents, employees or contractors under this Agreement. t SECTION 10 EXECUTION t --- 1 IN WITNESS SIHEREOP, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement 17 - 4 in duplicate on the respective dates indicated below. (SEAL) OWNER: City of Kenai ATTEST: By Typed Name Typed Name Title Title Date (SEAL) ENGINEER: ATTEST: By Typed Name Typed Name Title Title Date -la- i .. •• _ RECEIVED Union Oil and Gas Divison: Western Region a �y� Union Oil Company of California P.O. Box 6247, Anchorage, Alaska 99502 BY cmr�°vP K�anoN Telephone: (907) 278-7800 f 11ni*n Robert T. Anderson September 18, 1980 District Lana Msneper City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Attention: City Manager Gentlemen: Application is hereby made as of this date by Union Oil Company of California, a California corporation, for a permit for the drilling of an oil and gas well (Cannery Loop Unit #3), pursuant to City Code 5.35, established by Ordinance No. 508-79. In compliance with 5.35.050, Application and Filing Fee, we submit the following information: 1. The Date of Application. r September 18, 1980 ` 2. Name of Applicant. - 1 Union Oil Company of California, Operator ` 3. Address of Applicant. i P. 0. Box 6247 Anchorage, AK 99502 = Attention: Robert T. Anderson District Land Manager 4. Proposed Site of Well. Within the City Limits of Kenai, Kenai Recording District, Third Judicial District. I City Manager 2 September 18, 1980 Cannery Loop Unit #3 F ! TSN, R11W, S.M. Surface Location Section 4: NkNEkNE!4SW14 - 5 acres Surface Owner Union Oil Company of California will exercise its option to purchase. Mineral Owner Donald Fredrickson Lease Owner Union Oil Company of California as Lessee Description of Land Covered by Lease TSN, R11W, S.M. ! Section 4: Lot No. 8, N104SW114, SE14 W-4 I 5. Type of Derrick to be Used. Lee C. Moore Derrick 6. Depth of Well. 7 Anticipated Depth 11,500 feet _ Union Oil Company does hereby request an exception to Section 5.35.130 -- allowing the utilization of a portion of an existing gravel pit adjacent to the proposed location as a reserve pit and will supply appropriate =- ! certification of this practice from the State of Alaska. Dept. of Fish ;,3.... and Came and the Dept. of Environmental Conservation. This practice has been used in the past on wells in a similar proximity to bodies of fresh and salt water and we feel is environmentally sound. V. City Manager 3 September 18, 1980 Cannery Loop Unit #3 • We enclose herewith our check in the amount of $500.00 to cover the filing fee. Certification of a Bond will be furnished the City prior to the issuance of a Drilling Permit in the amount specified by the City as will be a Certificate of Insurance in compliance with 5.35.090(l) and (2). We would appreciate your consideration of this application at your earliest convenience and would be happy to provide any additional in- formation you might request. j Very truly yours, Richard J. Boyle Landman ! RJB/bde Enclosure ; .f '7 ! f �� • r. r 4 { / %1 ANEkNWW4 Section 4 �• Township 5 North, Range 11 West Seward Meridian f j Os t h\' I —W ADAP 6-02-0142-06 PERIODIC FSTIIAAIE ICR I't.RtIAL PAYIlF.fil Taxiway Lighting and Standby Generation Facility I"ROVEHENTS TO RESAT til.141cPAL AIWORT, YESAI, AK a COASTAL INC,. p.o. BOX 2107, SOLUO17NA, AK 99669 PErIVOIC I bTiVAIC "0. --Sept. 7 _1980 Oct.__10 "1'80 1. COST OF WORK CO:API.E TEO TO DATE UNDER ORIGINAL CONTRACT ONLY Enit;es must be livniord to -of& and cows ulldvi she ol;t;nal contract only. (V'0fk and CV%t d313 under change orJers is to be %hu%n in Pitt 2 of ibis ft-im.) routins (i) it.w.igh (5). rrati Jaia Owen in columns 1. ?. 3, S and 9, tv.prcti%elv, o9i Form ED-III prepared by Cunt:.ctor. Columns (6) and (7). Show all sc.k completed to date under Original contract. Column (8). Enter the difference beineen entries in columns (5) and (7). Column (9).- Show percent F39;0 Of column (7) to column (5). CONTRACT Compt. IT to TO OATS tic" Igo. OESCQIPIICM OF ITEM COST or CC" OAK % CC$, PC" 101.1 COST CW&NT. VffCCr4PL9TZO joT&L COST V..v ... T fit #11 111 13990 1.1 I,1 171 461 lei Ib-O: Underground Conduit 2" - 2.19 --to$ 30,638.10 7827 17t141.13.0 13,496.97 56X 16-0 Underground Conduit 311/411 - 3440 4.76 16,374.40 1980 9,424.80,/ 6,949.60 582 1.6-0 Underground Cable 1/c 08 - 28750 1.71 1 49,162.50 49,162.50 16-0 Control Cable 6 pr. 019 400 2.80 1,120.00 1,120.00 16-0 Control Cable 25 jr. 019 360 6.22 2,239.20 2,239.20 16-01 %ew T/V Lt. Fixtures 15 688.80 10,332.00 5 3,444.00d -888.00 33Z 16-0 Salv./Reinstall Lt. Fix. 144 431.20 62,092.80 So 34,496.00-0' 27,596.80 152 16-0 Elec. Handboles 17 1792.00 30,464.00 13 23,296.00 7,168.00 101 16-0 Grounding System 1 Job L.S. 29,512.00 29,512.00 6-1 Lt.legulator L-828. 30kw I Job L.S. 16,800.00 16,800.00 16- U Salv/Reinstall Lt.Equip. I Job L.S. 9.520-00 9,520.00 16-42 Standby Elec. System I Job L.S. 95,200.00 4,760.00 90,440.00 52 161 New L-857 Lt. Bases 40 280.00 11.200.00 11,200.00 16-141 Fire Supress/Alarm Sys. I Job L.S. - 10,640.00 10,640.00 16 4 5P. Modify Maint. Bldg. Elec.- I Job L.S. 16,800.00 16,800.00 16-16 1 Modify Maint. Bldg. : - I Job L.S. llt200.0O 11,200.00 2-0 Remove/Replace A.C. Pvmt. - 7500 11.76 89,200.00 0,870.00,0 57,330.00 3! 3- 0 1 Const. Generator Bldg. - I Job L.S. 11-0,000-00 5.513.53 04,486.47 2! Total Bid 31'Y495-00 J.- •C 1 -1 L f C r %I c ev. r e7"If 458,945.46 472,549.54 2. SCHEOULE OF CCMIRACT CHANGE CROERS' L�•t• .N.wa•., .�rJar, uaJ u•Jr c.+hr...,lu.•t...nn r .. . hA. 1...� J.•r.e sail. r nn. .rr n: "• w. e . .. CM ANOE O•Cfa .0 :.1a Lt_F,— _ ___rr. ..__...----...' - None TOTALS ::r. •..A .' oe.Ct Ce OTC !•:'.S . /wOe TO•... LCst Or r.csf as 7eu• ,t 1'I a•l .:.C«: •]nY 6y.:la if/.45 all :w44..I CH,.r4/OwOtN C4u✓,#Il-p-- Or•Ce.a / too If _ J (al Original coatraeg snount scat. s • Iran, of tbs. form)— 631,495.00 ✓ (b) Plus: .SJJigions scb#JuleJ in column J above (el Loss: De:uetioas scheduled in column 6 above fill edi..afcJ contract Amount to date 631.495.00 t. ANALYSIS OF WORK PERFORMED 158.945.46 ✓ (a) Cost of original tonil,cc mark purlwmed to date (Col. r • front of this corm) - (61 E.Na mark performed to date feet. S so...) (e) Total cost of cork performed to date 158 945.46 (J1 Lose: Amount retained in accordance with Contract term$ (Show both ##flea# and dollar amnunt)A r. 5.� 894.54 (a) Nee smovert eaencJ on contract Bork to date 43.�.92 }' _ .. ._.r,•,..... .. ,.........._ . (11 AJd; Materials stoted at close of this period (Attach detailed schedut.) $ 3j%Q. Est Subtotal of (a) and (f) %id►a'9A9t;63 (69k e (h) Less: Amount of previous payments (i) BALSNCE DUE THIS PAYMENT - @i S. CERTIFICATION OF CONTRACTOR ( .414 3 Ateording to the best of my knowledge and belief. I certify that all items and amounts shown on the face of this Periodic Estivate for Partial Payment are correct; that all work has been perform•j and/or material supplied in full aecotdanae with the /eguirements of the referenced Contract, and%or duly authorized deviations. SubsligUliana. Alteraoons, and/or additions; shag the foresoing is a lost and cdscecl $tattvent oI the contract account up to and including the last Jay of the period covered by this Periodic Estimare; "Balance that no part o1 the Due This Payment" has been tees teed, and that the undersigned and his subcontractors have•(eaesa a#P'1•»re ern.) a. CICCothplied with all ghe labor provisions of said conuAct. b. Ea.Complied with all the labor provisions of said contract e.cepc in those instances nhere an honest dispute casts with re- _ spect to said labor provisions. (it 1&) 1. checatd. describe trtaffr nature of dtSPure.) Coastal, Inc. {Contractor) la.er'Pae• er Avihorwd Represenaa"v#j October 10 .19 80 T„It _ _ _ _ Project Sup rU0r dezlt� - •.�••.••-*�• «• -•• •..• . 6. CERTIFICATION OF ARCHITEC I OR ENGINEER 1 certify that 1 "Is checked and •arif.aJ Ihv abo,e .and fur p—it P. ri..!;r E.... Ira fa: P..rtral Pav mart, thm to the best of my kno.f•'re and belief d is a I". And amrect st.scmcm of .al r,,t • . J an!'or mv,nal wprb,J by IN- cenn rc: that all •oil a I'm msterul .nelu!t! In Ih.• P., 'ftc l:auma•c ha, b.,n :n . I,J h: ire A J err t•, r) .•m, amhenrrd frprratnt•t"Y ar ofsisunts And scat a ha•. bc<a r•d,.rn.r-! ant ra wtPl.•! .n full aa..aJr••.• —h —I.-:1,-ms d tf - rtie,rn ---I; �r.J tans )ar:nl }•sy,.went elA.mrJ AnJ naqu•ar,! b, ghc tun. u: hn n.ru.;tl. <. -wawa . n .h, 4.. r. ill u;rl fi-rr.•e.rrJ an.. ur e.ue- III! , "1.,. gO.•.( . - nart -"a=t r _S•',.. _ttf r� r -- 1. PRE-PAYoENI CER IIF ICA I#ON CT FIE i.O E'r Glr; F k R Caeca try. air.. -tar r•n.r.et f-.;.b- .,l ace.. .., lam. C.r r ..: n In-, ...r,..b. ! rcr--t of ^) m,;rau , d Ih. r•..rc4 •..! rho : r .. . h . - .q v ..nrth It IS, , . rc •t of •A pr riw �.! an1 ' •r me nag• a. r, L••' L;hat . ... .. . .r, r. .., ,r r, ro'•i h. . n . r. ., the r.••+u A�g, Ini the, the :.nua.....hw!! he Part t. r + . .m r ar •...a . L11rtn dy It" ail,. rL and ... +.Notts, t. „n f.• :Lass.V.—. �n.;. n:h, rr , ! rn rt h.. 1•e.n µif. •-,! sal.'., su;•J. p L.Jtt n full:•n.. ..:h rh. r . ., r. , ..f t• 1 1• I ! IJ••4 f.f .t i� •• U.S. OLP•1,154LNT Or cn.nn nl f. IA4V..r•,AI eCOMD..Ie DE.ELOP.Ir.NT AO-1./,.A I.L. 1•ilnnci MI.'-'�'~-1'_— + PERIODIC ESTIMATE FOR PARTIAL PAYMENT _N-12720-111 canTnAcT "a. NAYC AND LOCATIOII O/ PROJECT •...±x�1LOF_�:6_11t6tiZPLBNTJsXt'l1tISS0IL MANE ANO ADDRESS Or CONTRACTOR 8110141 11, ASSOCIATFZ, J.V. Box 1313 Kenai, Alaska 99611 PERIOOIC CSTIMA►E NO.,4/On PERIOD 9-DB1 1l BD TO 1D-D6, ,l BD 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries must be limited to work And costs under the original contract only. (Work and cost dots under change orders is to be shown in Part 2 of this form.) Columns (1) through (A Enter data shown in columns 1, 2. 5, Band 9, respectively. on Form ED•I II prepared by Contractor. Columns (6) and (7). Show all work completed to dateunder original contract. Column (9). Enter the difference between entries In columns (5) and (7). Column (9). Show percent ratio of column (7) to column (5). CONTRACT CONPLCTCO TO CATC COlTo s OYANT. COST Pan TOTAL COST OYANT. TOTAL COST ITtm NO. ORICNIPTION OF ITCH YNCONPLNEO WORK comp YMIT YMIT Ill pl ISI NI rat ISI 111 IS1 NI 1 Mobilization 844335.00 84,355.00 1002 2 Demolition 18,000.00 3 Earthwork 518,465.00 65,402.40 52% 4 Inlet )lanhole 6,075.00 4,556.25 752 5 Asphalt Pavement 11,448.00 6 Fence 16,200.00 6.267.00 39X 7 Seeding 2,544.00 8 Form Septage Facility 11,424.00 11,081.28 97X 9 Form Control Building 11,424.00 10 Form Parshall Flume 11,424.00 11 Place Septage Facility 6,038.00 4.830.40 80% 12 Place Control Building 6,038.00 13 Place Parshall Flume 6,038.00 14 Form Digester' 120,469.00 16,854.93 97% 15 Form Clarifier 8 1 71,242.00 42,745.20 .60% 16 Form Clarifier If 2 132,309.00 92,616.20 1/0 80z 17 Form Sludge Pump Building 45,696.00 �,�1•}e 1 of CND 18 Form Other 11,424.00 19 Place Digester 63,675.00 631675.00 1002 20 Place Clarifier # 1 37,656.00 18,828.00 SOX 21 Place Clarifier # 2 69,934.00 48,953.00 702 22 Place Sludge Pump Building z4,152.00 23 Place Other 6,038.00 24 Iiasonry 111,623.00 25 Fabricated Metalwork 71,525.00 5,688.00 7.9, 26 Rough Carpentry 12,084.00 27 Finish Carpentry 3,180.00 28 Roofing and Dampproofing 11,956.00 29 Building Insulation 5,088.00 ,5,937.00 30 Special Insulation Digester 11,702.00 51x 31 Doors and Windows 7,377.00 TOTAL Of COST COLUMNS gaff 0/ OY�Nf. gaff /gA t? TOTAL CO/T OV11NT. TOTAL g0/T 1Nou O&SC/I/TION 0/ $TaM YNCOY/LtT�O Wang COrr Yw1T {, 119 1.F 1/1 141 in IN a" to 00 32 Painting 1379376.00 33 Ht Exchange Ciro. Pump 1,120.00 ` 34 Boiler Ciro. Pump ' 1,078•00 35 Waste Activated Pumps .17,211.00 36 Digested Sludge Pumps 199818.00 37 Polymer "a 71077.00 38 Septage Transfer Pumps 14;618.00 39 Activated Sludge Pumps 114,03.00 40 Sludge Rectro. Pump 3,877.00 41 Sludge Belt Prose 93@981000 42 Rotary Screens 32;5W.00 43 Secondary Clarifier Hoch 1290761.00 44 Aeration Equipment 72,692.00 45 Sludge Heat Exchanger 16,908.00 46 Aerobic Digester Slovdrs 70,030.00 47 Aeration Basin Blowers 47,254.00 48 Automatic Composite Sampler 89527000 49 Polymer Equipment 13,877,00 50 Laboratory and shop Equip. 30.528.00 9,000.00 292 51 Diesel Engine Generator Set 12,720.00 52 Truck and Trailers 159j".00 53 Chlorination System 14,150.00 54 Seoondary Clarifier Dome 119.278.00 55 Belt Conveyors 7i0050.00 56 Vadergrouod Pipe 310,500.00 197,078.00 63.5 57 Aboveground Pipe 250,131.00 47,904.06 19.1 58 HVAC System 127,200.00 59 Plumbing, Hies. Piping & 32,400.00 13,816.00 42. 60 Insulation & Heat Tracing 1%080.00 4,973.00 26t 61 Aerobia Digester Boiler 15,600.00 62 Electrical Y*,319.00 12,622.90 42 63 Over Excavation 2,100.00 2,100.00 ' 60% Q+� S iv.io ffW TOTAL OF COST COLUMNS ,- 3/599,515• vote[ DE DYCI Aaa ken done under one or more aesA Didion. rmow CONTRACT PRICC CONTRACT• CNANO[ OROM ' 096CAIPTION 'TOTAL COST 4/ ITEMS AOOEO (IT CNANOC once" COST Or CNANGC OnOSa IT[ML COMPL[T[o TO 0419 AS $tong$ ON CNAMGC oho[ns iw0. OAT[ ref O Nt 10 1• ' A Excavation Pending 34,016 SO Backfill 41,007 70 !;; E TOTAL# 77,024 PO t ''ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE h1 original season" swoua (est• / - rreas of this lawn) 3.59�9 SI S .00 (b) Pips Additions scheduled In absents d ohm* Dendin6 (t1 Lunt Deduction/ sahcdultd to column 6 above (4) Adjusted contrast smtem to dew ANALYSIS OF MORE PERFORMED �R (a) Case of aigbisl boast&, work pedamed to de, (Col. y - Inns eI me hew) 171fr iC 45 (►) gate work Informed todnt reel. 0 above) 77 tn•eA ran (e1 Taal cost of work performed to dote G lac!( , C t (4) Loses Amount soielaed In accordance whit contract firms (it'. ado ly*il*9e1 : e donor awavnr)�A -� (*) Nee aateuln earned as eonract work to data H 44 iYLa t suR .._ •(ti Adds Uatorialo noted at Close of ibis period Winch dstalled *obsolete) (p EuMetal of (a) and 0) lb) Lisa Amount o1 previous payments _771 ,0114 41 •� 0) BALANCE DUE THIS PAYMENT I U YIM-rY egg—Ht-i q=fift:k CERTIFCTATION OF CONTRACTOR According to else best of my knowledge and ballot. ) eenify that all items sod amounts shown on the face of this Periodic Estimate fa Ponies Payment see easeetz shot all work has been performed *red/or material supplied in (all oacordamce wish she requirements lseegoiag is sf the rtftrcertd Costroes, sail/.dolt' oathorietd dtviatians, Bubo ketIons, alteration, and/or additions, ehst the s ewe and correct statement of the contract account up to and including the lost day of the period coveted by this Periodic E*dmote) Shot ate Pon of the "Balance Due This Payment" has beta resolved, and that the undersigned end his subtonstacters Mee-(Chos* . apPnra►te naq a. (M Compiled wish all t%c lobor'provisites of pool contract. b. Q Complied with oil the labor provisions of sold contract escape In those (aseanees where in honest dispute Coleco with ra- o pest to said labor peorloions. Or A) to sheehee. devotee Mlotly naive* o/ dispute.) BROIfN b ASSOCtATEBa J.V. By t /Cotnnetor) (Signaler* Of AMhwired ReMtNato1wo) r� October 8. .19 80 Title & CERTIFICATION OF ARCHITECT OR ENGINEER 1.1 «nNT ohs* s heve checked and ossified the above and #seagoing Periodic Estimate fa Partial Payments that to tht bets of my ( knowkds1tte cad belief it is a true sod correct atotemeas of wok performed and/w material supplied by the aonsractset that oil or wmtl ettd/a moacrisl iaeludld in this Periodic Estimate has been inspected by me sod/m by my duty authorised rePrtseatedve assistants and tpn it hat been Per a *red/se 'Gasified in full arr.Aaarr with reouiremense of reference contracts end shot psnial gyms claimed and q acted M the s old wpplied o d UwblionweMWsr) Dore -- - s•-, 7 Qat f�T� 7, PRE.PAYMENT CERTIFICATION BY FIELD ENGI • > d ebeb I/N of IgwoM H,Nfbdr S k C3 1 have chocked this estimate egoina the eosrractse•a gcheArfe of Amounts for Contract Paymtnre, the noes and nptrnr of of by It is my opinion chat oho statement ofwork insfwetiumn of the po•Itct. and the ptdoJic seporte submitted she atchicecl/en/inlet. snl/a matedsts supplied is attwaft. that the connsefa is obstrting the seauircmenta of Iht contract. and rformed that the contractor &%cold be paid flit amount stile slid above- 1renUy ohsdall wmk anJ/ter material der Elsa eostrac, hat been inayected by me and that it has been to of andtot sup- plied in to 1 a ad a with the q rasaenu of the emnact. A. /fi • n ct: • puu ga/kN..t (one.) Acts ed A iCNEOY}.E OF CONTRACI C►IANGE ORDERS.. • Aeositorra to enta•yAL j List every sMnna aJer i►aued to Jala of this requen even it no work CONTRACT r V1 -+ r /4 P18tau A c •�. CO ArT I Ov6cvT O A J KENAI SEWAGE TREATMENT PLANT EXPANSION DEC A PPZOVAt CHANGE ORDER NO. 1 CONTRACTOR: Project No: K12720.B2 Project: Sewage Treatment Brown & Associates, J. V. Plant Expansion Box 1313 Owner: City of Kenai, Alaska Kenai, Alaska 99611 EPA Construction Grant No. C-020077-03 Change Order No. 1 Date: to -to Zn This change order covers the changes indicated below to the :subject Contract, and the Contractor is hereby directed to perform the work in accordance with the provisions of this Change Order. 1. Overexcavate unsuitable material as directed by the Engineer in Prior Approval of Contract Change Order and Authority to Proceed with Work No. IA, dated July 8, 1980, in the vicinity of the secondary clarifiers and aerobic digester. Backfill overexcavated areas with "granular fill under facilities" as specified in Section 02200, EARTHWORK. . 4uantjtZ Unit Price Extended Total Amount Overexcavation 4 5 30 '3 �,�! %U -5(> Backfill u.5Z3 S r, [-- -X4>.-58A CO Addition rt3 i:.�!� C C- U V It is agreed that this total additional amount constitutes full compensation for all overexcavation and backfill completed to date and no additional compensation will be requested by the Contractor for earthwork necessary to construct the new secondary clarifiers, activated t sludge pump station, aerobic digester, and septage receiving station. 2. The aerobic digester and septage receiving station shall be relocated as shown on revision No. 1 to Contract Drawings A-8, A-9, A-13, G-1, G-2, G-3, G-4, H-1, K-3, and K-5 attached. All materials and workmanship shall ' conform to the applicable parts of the Contract Documents. Addition: $ S 11 I The basis for additional compensation shall be full size drawings No. A-8, A-9, A-13, G-1, G-2, G-3, G-4, I H-1, K-3, and K-5, marked up in red and green, and exhibit A transmitted to the Contractor by CH2M HILL on I � 1 3. MCC-11 the automatic transfer switch and the diesel engine generator set shall be modified to supply standby power from the generator to belt conveyors M106-1 and M107-1 and thumpers M106-2 and M107-2. Modification shall be as shown on revision No. 1 to contract drawings K-2, K-4, and K-7. Section 11490, DIESEL ENGINE GEN- ERATOR SET, shall be modified as follows: a. Subsection MATERIALS, page 2. i. Paragraph GENERAL, delete 06 kilowatts" and 010-gallon" and insert "25 kilowatts" and 50-gallon." ii. Paragraph ENGINE, page 2, delete 06 kW" and insert 025 kW." iii. Paragraph GENERATOR, page 4, delete 07.5 kVA at 0.8 PF, 6 kW" and insert 031.25 kVA at 0.8 PF, 25 kW." iv. Paragraph ACCESSORIES, page 6, delete "10- gallon" and insert 050-gallon." Addition: $ c3,$43 u: The amount of the basic Contract will be increased in the sum of �"'`�*'' r� �a T, ,- J g"`.'� t ) it is agreed t� .c . - .- ,. , .� E.. :St r•• %Sr4h�.51 , and that th s ncrease constitutes full compensation for all work added by this Change Order. The Contract completion date will be extended 10 working days to October 9, 1981, for all contract work. Except as herein modified, the terms of the basic Contract shall remain in full force and effect. Approved: By Date ' Y . ,D Receipt acknowledged and Auth rized for the City terms and conditions agreed of Kenai, Alaska, this to&Iill is'�z t7'0" day of day of , 19 ,19 7ii Brown & Associates, J. V.- BY Title By �'-2 /..-t Title r 2 i roA.. t0.117 O.. Ve,R,OH .No,acr rn .Atv. Ir.,.. [CONOY.CV .,►�.,oYlN[T".GY••., 4n-r.1 PERIODIC ESTIMATE FOR PARTIAL PAYMENT cc '"AST No. NAY[ AND t.00ATION D/ PRO,ECT South Prontago Rd! of Kenai Spur Highway, Kenai, Alaska N.Ye AND ADDRESS Or Con TRACTOR noyle,s 6xcavnting A Construction Company Route 1, Box 1225 Kenai, Ala ka 611 1,E1110010 ESTIMATE NO. i ron penwo Sept. 15 tE 90 • To Oct, 9. „An, 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries must be limited to work and costa under the original contract only. (Work and cost data under change order in to be +horn in Pan 2 of this form.) Colamna (I) through 15)• Freer Jata shown in Columns i, 7, ). 8 allA 9, tespcetively, on Form EDl1 prepared by Contractor. Columns (6) And f7), Show all work Completed to data under ariminai contract. Column (8). Enter the difference between entries in Columns (5) and (7). Column 0). Show percent ratio of column (7) to Column (5). I40. CONTRACT COMPtETEO TO OA To COST of 0. OEECMPTIOM Or ITEM UNCOMPLETED _ .11 art CYAN r. ITI CO.T P[N '..T ,.r To... 40.1 YNrT 1., auANT. 1., raT -Coal ITI won. I.r COMP ,.1 201 Usable Excavation ✓ 500cy .50/ca ;250.00 Sooqy 1,2S0.0o 0 too 202 Unusable Excavation If 2 9p00 1.93/0 7994 0. 00 17000 49,110.00 31,130.00 61 c.y. C.y. 203 Type I rill ✓ 3750 .46/a527j975.00 1400 10,444.0 '1,531.00 37 C.y. C.y. 204 Typo It Fill ✓I SOoo .30/403 49,500.00 5000 16,500.0 33p00.o0 33 C.y. C.y. 95 Remove Conrote Curb ✓ go0 .00/1 500.00 qq0qq 400.0 l.f. 0. ' 100.00 90 86 Remove A.C. Pavement ✓ 5. A00%f. 1,500.00 1200• 1r200.0 ' 300.00 40 97 Remove Concrete Side- ✓ 150 .00/s 300.00 140 280.0 ' - 20.00 93 walk R.y. Boy. 812 Existing Utilities in ,/ I job (%0o0 20pon.0 9o4 14000.0 y000.00 90 All Other Items e� 194rA61.1 I S4961.10 0 I i (2eEJ A7C I L i TOTAL Or COST COIUMNf ,$=.�.: • 2 , � � ,�. • ` . ..e.YY ee . i . •., i • 7. SCNEOULE OF CONTRACT CHANGE ORDERS LG h'YS TO Co. .a,•L f ..t,., r. t at .' r .r •In. ..I",: aa,n n.. v..n c,vre•;. .ace 0L0uCN0Y. ra COr,.61 RILL =0S•Cr fx•w:e f[xaax .0•rie, •f Cr aYOC O.Oe. OL.Ca1PT10M TOf•. C'.•T Or tTf Yt •DDf 0 r• w ef(Yt COV VLLTfL Co OM [.•v'•I • Ln •Y4t OwoL•• •O OAT[ we 0•Ta None TOTALS S. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE C (i C e 126 _ In IQ [hremal:onw•r amount rc•/. ! • Irw,r al tat„ Inrm) •1A (pt Vlu•: daJrtirnr .chedulcJ m column a abawv �'-'�� (A Lc..: D.lateens scheduhJ m culown h abore 2 �T•"� IJa ..41uMvf eaTi1+: t amount le Jate ••Y e. ANALYSIS OF WORN PERFORMED 9F e_194.OA 1,1 [ oa cl urisial .•omua '.aL {tnrtm.l to J•er IC.I. a - near el nl. Ls) 0 (bl Eur• .th rtlara,•J I. date IC ol. ! se.e.1 _ (c)Taal ewt of work pntamed to Jan • _ •.,.,..T• ,^., ..�L+,.Y�.".._ .�„ -� .[ .-•� (dr Leu, Anowt ntaleH rat •eeadann with cumract mrme door earn Pn[enr ana aanr .waunr/j>L'i q nl Se[ ,mount eunaJ on conttact Dort to date ___2 111 .WJt flttakb ata.d at clog(a tAla period /Au.eA a.uM1 e[heaub) —�- ,-- (S) S.btaNl a :a) and 11) (h) Leeat of I revi... p,yerna 11) BALANCE DUE THIS PAYMENT 4O. 911_62.5!! S. CERTIFICATION OF CONTRACTOR Accordias to the beef of my haowledee and belief, ) cattily that .11 items and smovate slumn on The face of this Patiak Estimate - la Pmol Payson on mecti that all work has been padotter.1 sINlor matnkl suyplkd to lull accerdasce wish the retfm"WINO of the ed.re"If Confncl, aed'or duly aYthmireJ demetoee, eubsntalon., sheatmas. "i m adlitirms; that the (mcgoi.s is a th�t srA no pan ofthe^Dalarlee Due ThnaY Ymrnl Mh,i Eren tec(tr.Jind that he u aniaerd0.inJ his raubconuutna has ee•fCMta t' .nn•r•eslr nor! a. ?j Complied ..h If the labor prowl•roe• of eaJ contract. b. C.l Ito set, e pbo II tab%.e. tO (e) -1 socked, -aid lonor tenor. nr.etr e.merasN beer l r an hoavn di•pwe esiM. •itA I. i7 r Deylets Excavating !. Connt. Co._ By // ji' 1 CenV•.rrr Man.fvr ^t A.aa..ra •a W. y. . October 9, IYq(, rrtle Secretary-Troast o 0. CERTIFICATION OF ARCHITECT OR ENGINEER I•,rtely that 1t,[c eteeked mJ rerrf, Ithe JFaaa ur.l I• r••ae.1•.rrnite F•r'-ura r•rI'••r, tl1• I. n, raw,r .•/mr knu♦itd[• an.. l+Ilcl rl 1• JIIa and [,twat •: Irm<nr rr ••1i 1•.I•+Ta .1 .Inc c mJta rr ll u.t Fa •Ix ' J,r smk aw! -xw•r. tl,t IM 1, r[ r tr. rre. t•. rr••r: F-n+...- •a . n .. .. - - '•ata , a•'•-' . • r• r•• •a ....... wwr .+ rrm•enJ rn..t n h. I..n,a•nxr, ., an, ,emir )rat ,•.II .• _ ....• .. unera.: . tFu rJl plc rt al,a•..t n ,J•. er, r. a.m ,.Fr • •. ••• rr .• •. •• •. •• '' . -t— ArrnN[t .r.ns.•...• j 2. 1rIPD 7. PRE -PAYMENT CERTIFICATION BY FIELD EMGINEER cat.. ,rr..r rsrme.r ..rr.lrs. �ha` . u.. k..t claw e.trm nor ., , • rt. - c, h •bl. I Ar••nr•r. r•+C ... , /'+• •• r n ,i•a• tr.... a tl ^ pe Jrrh�•':'- a l•+e+•• Wet.• • nrr r - .,n. n J+r•• e• r.:..rrlha Ih,l tF[••••rer t•l •n•.IJ toy{•ar. r: • a..unt '• . .... A 4�0✓ —1. .,tor ,n.. _ ...•..., ,,�•, a .r ,e .e :,. .a. War ._.n. .r „p. pl elfto I[e,J ..�.a �, �_" :•nr. /ti,r•r. ;rna . a. ;.t fool. ..•tr.,. . ._(T 1r 1q�V .r Yr. Cr.l • .D.w• cow anav +e• •-••• i j DOWLING & ASSOCIATES Anchorage Office: 804 L 1 Sth Avenue, Suite 2. Anchorage, Alaska 99501 (907) 277-5944 ' DOWL ING - RICE & ASSOCIATES Kenai Office: P.O. Box 1974. Soldotna, Alaska 99669 (907) 2624836 October 6, 1980 Mr. Keith Kornelis Director of Public Works City of Kenai P.O. Box 850 Kenai, Alaska 99669 Rat Pre -Bid Award Work on Kenai Youth Center (billing of 9/30/80-outstanding balance $1600.00) Dear Mr. Kornelis, It is my understanding that the Council has concern that the above referenced billing may be in addition to our proposal to provide Administrative services dated August 29, 1980. This is not the case. The proposal of August 29, 1980 quoting a not -to -exceed figure of $28,000.00 was intended to include ser- vices provided from 8/1/80 through completion of the project. The City's approval of our statement of 9/3/80 will in no way effect the amount of the proposal and the outstanding amount of $1600.00 will be deducted from the $28,000.00 not -to -exceed authorization upon payment. I trust that :this has clarified our position that the contract between the City and our firm will not be increased as a result of the City honoring the billing of 9/3/80 in full (outstanding balance-$1600.00). If you have any questions, please contact me at 262-9011. Sincerely, Ro.c.elQ.P.� E. Dowling -Rice and Associates fdZ �i�-•�-�r.� �/f/SRO x �•L X C4,sf Professional Surveyors & Engineers .r DOWLING & ASSOCIATES Anchorage Office: 804 E. 15th Avenue, Suite 2, Anchorage, Alaska 99501(907) 277-5944 i 4 DOWLING - RICE & ASSOCIATES Kenai Office: P.O. Box 1974. Soldoina, Alaska 99669 (907) 2624836 October 6, 1980 ( Mr. Keith Kornelis Director of Public Works City of Kenai P.O. Box 580 Kenai, Alaska 99611 Project: Kenai Youth Center Previous Balance including work from 8/4 through 9/2 $ 3402.00 Payment received 1802.00 ` Balance Forward 1600.00 ' Professional Services 9/18-10/4 Inspection/Administration 48 hrs. @ $40.00/hr. $ 1920.00 i Construction staking (3 person crew) ` 3 hrs. @ $80.0 OP r. 240.00 ✓ BALANCE DUE THIS STAREMERP $ 3760.00 1 TowgI 6;11;Mj, fo / ��.tti-• 7a�li Le,f �d 7: �3i'� jrO 2. a s E , •1 Nafessional Surveyors & Engineers ■ r WINCE CONSULTING ENGINEERS CORTHELL BRYSON & FREAS Ocbtor 2, 1980-46 ^ �s�o bEP7 OF City of Kenai Box 580 } Kenai, Alaska 99611 ! Attention: City Manager } Subject: Billing for Engineering Services Kenai Spur Frontage Road Resident Inspection Please consider this invoice for Engineering Services for the subject project through the period ending September 30, 1980. , Engineer I 100. 5hrs @ $49.00" p9249 50✓ ` 2-man survey party 19.5 hrs @ 71.00` ri..384-50V 3-man survey party 18.5 hrs @ $104.Oe 24.00 o t Subtotal 6,233.00 t City project no tax .00 rt Total, this invoice , 33.00 le � v I hereby certify that the above charges are correct and no payment has h Q'' a been received therefore.^,. > o �. Very truly yours, ! At•PRO-4M 87 CRY OF KMA1; L �k p I+ IINCE-CORTiOM-BRYSON & FREAS ^• ",tANAr;F.lt ' KfiNANCE JRKS Philip . Bryson, ORIGINAL L'dPY T6 ...� J�rr� 4 / y3 000 00 , � Jose -0-- - - yA e- i i 3y 7d 7, ao - BOX 1041 KENAI,ALABKA 99611 PHONE C9O73 283-4672 r WINCE - - CORTHELL BRYSON & FREAS CONSULTING ENGINEERS October 2, 1980 80-45 ��C�.IId1E1a. C � i 3 1980 CM OF KENAI OFpT- (w PuRtir. �Ijnokd' City of Kenai Box 580 i Kenai, Alaska 99611 i Attention: City Manager Subject: Billing for B4gineering Services 1980 Electrical Improvements Resident Inspection Please consider this invoice for Engineering Services for the subject project through the period ending September 30, 1980. Engineer I 66. Mwe @t38. 9.00✓ $3,258. 50 / Party Chief 1.0 bra @00 &k 1 $38.00j2-man survey party 19.5hrs @1.00 $1B I i. y o •/Pqi f 1 84. �. Subtotal , .00 City project, no tax .00 Total, this invoice $4..681.00� I hereby certify that the above charges are correct and no payment has been j received therefore. Very truly yours, - -- --- - ' WIIQCE—CORTHELL-BRYSON 8a FREAS APPRQVO :3V CffV OF KCMAI '✓ '. ilip Wi Bryson, . E. O . r.R7�s?.ail c3tJ'• t'd r.,�..--.—_..._ - ts t. BOX 1041 KENAI,ALABKA 996'11 PHONE 99073 263-4672 R r—_ 1 f'9Y (p.11/ [:]M�YIC,O[•[e 70u[V .r.LY•41[v9[fnip( half October 3, 1980 CONTRACT CHANGE ORDER Warm Storage Building t'I."ect No. 6-02-0142-07 Lae,nnn City of Kenai r, ICon,u:ron Alaska Boiler $ Heat Exchanger Service, I nntr.tct `u. c. P. 0. BOX 7112, NRB Kenai, AK 99611 t t•Inae tit lei 1a. One You are herehv tequested to comply with the fallowing change% from the contract plans an,l srecdtcations: Item Xo. I Description of changes - quantities. units, unit prices, change in completion sche,fule, etc. (t) Decrease in contract price M Increase in contract price tN 1 Removal of clay materials encountered below Elevation 96.5' at site of new Warm Storage Building 4 placement of new acceptable fill material and its compaction to Elevation 96.51. $ 1,250.00 Change in contract rtice due to this Change ordcr: Total decrea,e 4 �C�X\XX Total inctease X%X%Xx\\ MXX — f 1.2SO.00 nrffetence Iletwcett t,Il. f1),Ind (dl S \et finkM"C) Xhr9Ql X-X) conttA.t l nee S S 1 25OrO� S 1,250.00 71:c wm or 3 .--1.w Z,.50.,...QQ__._._.__ _.., r. L, rrl•r (Lt.{. .I t•• 1 t�Gdl7ii)i21Q(tillt th.• r.•t 1! toner .at rn.e and the total a.aa tc•Ie••nv.r.l pit, c u,.t.11e t;^0:• ,. g 167,775.00 r...• :1:-.•;:.t•1!, !r.,r I. ... rt.•n ,t 11, •1."'. ntr..t .. I•.:1, I:we. !, ,1tdf%YXX. IXJtxJ%Xxx!.L .. `.1:1 , .., it ,..,. , ., .. . rr.1. ., . 1.! ; u.o-•n�..1 r!1,•, •neta.t ,tJ .q pt: Se:eto. City Fngineer i�4� ...- t VrdIfcl %.I. 6 . 02-0142-07 JUSTIFICATION FOR CHANGE 7nsnre 1 il, *j V-1 3 0. ---------- One 1. Noce.16tv for change: To insure proper base material for Worm Storage Building so as to guard against settlement. 2. Is proposed change an alternate bid? C.-j Yes nr.no 3. Will proposed change alter the phvs&c4I size of the , micct? []yes M No It "yos.- expla.n. 4. Effect of this change an other prime contractors: t. none S. Has consent of surety been obtained? ve-6 ,tot necessary 6. Will chi% change affect expiration or extent 411 in-,vancr cover-lj:vt Yes No If "Yes.- will the Hick, be cxtvn,!cJ? Yex f__j No 7. Fffvct on o1wrati.in and mainten.in, e cmt none r t ' sr a ni 1 11—............ ....w.._.r...... . 0411 No, 41 •R14f10. As4m.e1 r...... tn.. to FORM 0:114 U.S. ae PARTMINT or commence p9V ,,fa. scomaM,C OaY[LOI•M[RT abYINlaTnaTION hate October 10 1980 Protect No. CONTRACT CNANGB OROSR State t Nn. 2: Location City of Kenai To (6.11-1.r) Saltz General Contracting ('umroct o. Chases Order No. 2 Sox 747 Soldotna, AK 99669 You ate hereby requested to comply with the following changes from the contract plans and specifications: hem Description of changes • quantities, units, Decrease in Increase in No. unit prices, change in completion schedule, etc. contract price contract price i ts) (4) 1 The new layout of the fields resulted in a deduction of 51 chainlink fence i the amount of 115, Credit for this change is 11S'X 7.9 908.SO and one less field gate Credit for this change is 1 x 238.33 238.33 2 Change approximately 382' of 5 foot high chain link fence on each side of the back stops to 8 foot high after the posts were cut and set. All posts which are affected by this change will be sleeved. Change 8 walk gates from 3'xS' to 3'x8 Add approx. 2' of fence to the back run of each back stop. Add 4 extra terminal posts. 3,820.98 3 Delete the fence and dugout south of the backstop on the Little League Field. 2,009.12 �Ot "Gsa.T�P /D / Sly BY 29F C51 CM nmm ` y 171 1'4ai Copy'm Change in contract price due to this Change Order: , Tarot decrease 3 55. 95 %% Total increase xxxxxxxxxxxxxx ! 3 _0.98 ! f Difference between Col. (3) and (4) It ! 665.03 Net (increase) (decrease) contract price The wm of ! 665. 03 is hereby (added to) (dl &XItAftat)rthe total contract price. and the total adjusted contract price to date thereby is ! S66 d 1—. The time provided for completion in the contract is (unchanged) xiA , t.R.jp7(.jE;(gF ) by Q calendar days. This document shall become an amendment to the Lontract am! ail provisions of the contract will apply hereto. Recommended by .0 • atessr[ FrD.! ate Accepted C•n.tractor 1LtT Approved by tl.ner ate u 4COM-0c ba/e.•Ofe 1 1 I I 't P9ta'tte'Grant No. 2-030 'onrract No. JUSTIFICATION FOR CHANGE fhonae ther No. t z 1. Necessity (or change: 1. The new layout was necessary to make the ball fields fit the area which had changed when City leased additional land next to the ballfields. 2. It was found that the fence next to the backstop was too short (only five feet) making it unsafe for spectators and players behind fence therefore it was raised to 8 feet. 3. Land clearing and dirt work needed to be done on the south side of the new little league field and this work was attempted by the City of Kenai and the ground was much too soft to be completed in contract time frame, in 1980. Therefore, that portion of fence was deleted. 2. Is proposed change an alternate bid? [] Yes [Ijj No 3. Will proposed change alter the physical size of the project? �_) Yes ONO 11 "Yes." @*plain. Less Fence /. Effect of this change on other prime_ contractors: none ...»....., . x� ;.. S. Has consent of surety been obtained? 0 Yes [M Not necessary 6. Will this change affect expiration or extent of insurance covetage? [] Yes LA No U '*Yes," will the policies be extended? [ J Yes Cj No i. Effect on operation and maintenance costs: none tAner Date ....... ...... ...... .. .. 'Iccw.1-oc l,t..•Pts i! t 1 - . ■ :.i OMO N.. 4►,Rri11. Appmal F..puu lung 10, 1976 NO. 1 Grant No. 2-030 I NO. FORM SO.il2 U.S. DEPARTMENT or COMMERCE ,as,.10-W[CONOMICOF.VgLOPMF.NIAUMINIgTNATION PROJECT State PERIODIC ESTIMATE FOR PARTIAL PAYMENT CONTRACT NAME AND LOCATION OF PROJECT Athletic Field Fencing City of Kenai NAME AND ADDRESS OF CONTRACTOR Saltz General contracting Box 747 �_��inal� ccppww��.�� FS�WRIMATC NO. 1 van PERIOD Art. 6 110 , TO Oct. 10 Ijo , 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries must be limited to Sark and costs under the original contract only. (Work and cost data under change orders Is to be shown in Part 2 of this form.) Columns (1) through (5). Enter data shown in columns 11 2. 3, 8 and 9, respectively, on Form ED-111 prepared by Contractor. Columns (6) and (7). Show all work completed to date under original convect. Column (8). Enter the difforrace bemoan envies in columns (5) and (7). Column (9). Show percent atio of column (7) to column (5). IMOM CONTRACT COMPLSTRO TO OATS COST or T QUART. COST PER UNIT TOTAL COST LIMIT QUART. TOTAL. COST DESCRIPTION OP ITEM UNCOMPLETED WORK COMP III lab /SI MI IN too ST/ 111 ISI 1 Line Felice 08 7.90 0,405.35 3608 28,485.35 L.P. 2 Softball Backstop 3 ea. 2,331. 6,994.52 3 6,994.52 3 Little Leagw Backstop Penns 1 ea. 3,497. 3,497.24 1 3,497.24 4 Field Gates, Posts, Sue are (91 Gate) 5 ea. 238. 1,191.67 Sea. 1,191.67 5 Dugout gates. paste ffarb;ars (31 Gate) 10sa. 175. 6 1,757.60 10ea 2,757.60 NOW, Item No. 1 - Sam of the f has been from 5 P to B foot has deleted orders Item No. 4 - Deleted one the 5 ield gates by order. Item No. 5 - The gatbave to That high 2to of the 0 been by . • LO T�i� - w c 1 t - 1 / _ . � -I I I TOTAL OF COST COLUMNS 141,926.38 41,926.38 USCOMM.00 /►If LNTg f F - TA 2. SCHEDULE OF CONTRACT CHANGE ORDERS List every'hanA, ••hlrr r++urd 1„.late „1 II,., rvq., .1 ra,•n It n.. work ADDI TIONs TO ORIGINAL has been Jone unary nn. n!'e.q. •.I, h .rid, f,. CONTRACT PRICE DEDUCTIONS PROMNS CONTRACT.1 AS SHOA ON CHANGE ORDERS CONTRACT CHANGE ORDER DESCRIPTION TOTAL COST OF ITEMS ADDED BY CHANGE ORDER COST OF CHA40F. OROCRIT¢MS COMPLETED no. UArL TO DATC .1. 1 1 9/4 a in line fence (City of Kenai P.O. 020587) 1,975 00 1,975 00 2 10/8 Conges in line fence and gates 665 D3 665 03 TOTALS 2,640 D3 2,640 03 2. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (a) Original contract amount (Col, a . rr.ar e1 We tarty) 042,926.38 (b) Plus: Additions scheduled in Column d above (0 Leas: Deductions scheduled in column 6 above ��-•��—. flit Adju,ted conHAcf amount 1. date 44,556.41 4. ANALYSIS OF WORK PERFORMED (a) Cost of original contract work performed to date (Cot. T . front et this loan) 926.38 (b) Extra work performed to date rcol. s above) , (o) Total cost of cork performed to date fdl Less: Amount retained in Accordance with contract terms rshOw. both Percent and defter amount)— i (e) Net Amount earned on contract work to date44,556.41 (1) Adds Materials atored at close of this period (Attach detailed ..haduf.) (g) Subtotal of (a) and (f) , (h1 Least Amount of previous payments �U (I) BALANCE DUE THIS PAYMENT S. CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate (a Partial Payment are correct. that all work has been performed and/or material supplied in lull accordance with the requirements of the Contract, referenced snd'or duly authorized deviation*, substitutions, alterations, and/or additional that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimstoi "Balance that no part of the Due This Payment" has been received. And that the undersigned and his subcontractors have•rChaak app-O.bf. flne) a. emptied with all the labor provisions of said contract. b. Complied with all the labor provisions of said canttsct except in those instances where an honest dispute COSTS with cc. spect to said labor provision*. (it (b) I. checked, describe hrfatly nature of dispute.) JF Bytors . (Contrac� ware d Ambm4m.11.) 6. CERTIFICATION OF ARCHITECT OR ENGINEER t certify' that I have ckeckl•d Jn.l veril ivLi tlw abort and f.ercuio* Pennli. f:.atimne Inr Part Gal Payment; chat m the brat of my knowheJggr and belief it is A true and covmm et ,taree•.I %X, k p,•rfurmed anJ'or material +upplied by the coot/act,•.; that all work and'nr material InchuJ.d in the penodl, E_tfmmc hall been m,tu, tr•1 by me by an.l nr my duty authnrizeJ representative or r+maernta and that n ba. been p.a.e.1 aaf •.v +uppl,, J in full J,, WJaM,- ,.tth n•ymN•ma•nA ,. the ,,fc,,ncewnract, an.l r slat parfial yAymenf,Immad and feque,fcd by the contractor "l ,Orrecsly cnmputr•I on the basis "f w,rk 1x•rfarf ridl ,upphed to List. performed and n mate- Started fArchul Or .•n....If fya". to/rO&A 7. PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Cheek rrpr -t peYaenl ..Allred: 1 h nr : l.. 4. .1 rin. ..rm Pc J.vm.t Ih. • ,n: n. •. r'- S. Irr.lul.• .•I Am.nm1. Iw C• nlm,r Ph net. •. atb Iet•••r_ ..I my 1, ,, .ri" in, ya. Arnv .d the prelr, t. .. n.l the n A�•tn re pens •ut•mrtu t La or .r. n . n: un, I. !t :•..-+. ..pun.,n that eh. ,r v. r...nt o1 rr.• +.,rl prA..rm,•1 n,t Gera 1, •.. rf rlJ .,.•^In'_ r, .,, :.r..',. If 11.• ...nNa•,•a I. •I•.. r•.in; rh, rv•q..,, In, nr, .,s IN, that she , mrr a. r.rt .haeld 1,, (u.f •i .. a ens r• yv.. :• d a...,. . `I•a, - I ..n11y that �N .a c and trrr . � • r rk,� ,, nrr r. r !.. n rn {.�, tr 11- ca rn 1 r1 rn H h,-'•ern {. rf.•rmr 1 fn1 r -- 1.11 .nr. pFs,J m a.: •-rJ.tmr Rh 1� u r ••t A:a ..ntr ,. 1. ah,.A0 rmlJ F.rtc mrrA l I/ . D.1•. f CITY OF KENAI %od (9a W ai 4"„ ►. 0.10X 00 91NA1. At"KA 91611 - - - TRIPNONE 413 • 7633 October 10, 1980 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting October 15, 1980 SHOP ADDITION Alaska Boiler and Heat Exchanger Service, Inc. has completed the installation of the doors to the Shop Addition. There are only a few minor items still needed to be completed before the final inspection. SEWER TREATMENT PLANT Brown Construction Company/Tanana Mechanical are making great headway recently on the Sewer Treatment Plant Expansion. They have finished pouring the roof to the aerobic digester and are presently working on the dome walls to the two clarifiers. Both clarifiers have been filled with water for testing purposes. The sludge receiver station has been poured and the inlet manhole has been installed. SEWER INTERCEPTOR LINE Tam Construction Company has entered their two hundred day winter shut down period; and therefore, there has been no activity on this project. SEWER TREATMENT PLANT OUTFALL LINE CH2M Hill is still working on their final set of plans and specifications for this project. DEC has made comments and questions concerning the project which CH2M Hill is presently answering. It is still anticipated that this project will go out to bid sometime this winter for spring construction." I TA What's Happening Report Page 2 October 10, 1980 1980 KENAI MUNICIPAL AIRPORT IMPROVEMENTS The subcontractor for Coastal, Inc. is Air Tek which has directed most of this work. Mr. Tom Dwinnel of Air Tek has been appointed as the contractor's representative. The first pay estimate is before Council at this next meeting for work that has been done on the Airport under this project. It appears as though the contractor will be fighting the weather as we have received a small amount of snow last night and it has been cold enough to remain into the day. Rust' Construction is still working on the generator building. The contractor has indicated that he feels that he can still finish the project this year. FIDALGO SUBDIVISION STREET IMPROVEMENTS Zubeck, Inc. should be completing his work of installation of water and sewer, and storm drains sometime today. He also has to raise some manholes up to grade. Sometime at the first of next week, it is expected that a subcontractor will be on the job bringing in fill. It is required that the dirt work be completed this year. KENAI SPUR FRONTAGE ROAD Doyle's Excavation and Construction has completed the excavation on this project. They are at this time bringing in fill. It appears as though there will be an underrun on excavation for this project since there was not as much frost susceptible material in the roadway as was anticipated.. The dirt work that is to be done on this project this year with curbs, gutters, sidewalks, and paving being done the first part of next year. WAILM STORAGE BUILDING Alaska Boiler and Heat Exchanger Service, Inc. has completed the installation of a culvert and has excavated for the building. The Public Works Department of the City of Kenai did the design criteria for this particular project. In our design criteria, we set up a level of limits of excavation at 42" low grade. This limits of excavation was set so that all contractors will have an equal basis on bidding the project. During actual excavation, we found that we were fairly close but we needed an additional over excavation of 18". There is a Change Order No. 1*coming before Council to cover this necessary excavation. This Change Order has been reviewed with FAA and meets with their approval. What's Happening Report Page 2 October 10, 1980 1980 KENAI MUNICIPAL AIRPORT IMPROVEMENTS The subcontractor for Coastal, Inc. is Air Tek which has directed most of this work. Mr. Tom Dwinnel of Air Tek has been appointed as the contractor's representative. The first pay estimate is before Council at this next meeting for work that has been done on the Airport under this project. It appears as though the contractor will be fighting the weather as we have received a small amount of snow last night and it has been cold enough to remain into the day. Rust' Construction is still working on the generator building. The contractor has indicated that he feels that he can still finish the project this year. FIDALGO SUBDIVISION STREET IMPROVEMENTS Zubeck, Inc. should be completing his work of installation of water and sewer, and storm drains sometime today. He also has to raise some manholes up to grade. Sometime at the first of next week, it is expected that a subcontractor will be on the job bringing in fill. It is required that the dirt work be completed this year. KENAI SPUR FRONTAGE ROAD Doyle's Excavation and Construction has completed the excavation on this project. They are at this time bringing in fill. It appears as though there will be an underrun on excavation for this project since there was not as much frost susceptible material in the roadway as was anticipated.. The dirt work that is to be done on this project this year with curbs, gutters, sidewalks, and paving being done the first part of next year. WAILM STORAGE BUILDING Alaska Boiler and Heat Exchanger Service, Inc. has completed the installation of a culvert and has excavated for the building. The Public Works Department of the City of Kenai did the design criteria for this particular project. In our design criteria, we set up a level of limits of excavation at 42" low grade. This limits of excavation was set so that all contractors will have an equal basis on bidding the project. During actual excavation, we found that we were fairly close but we needed an additional over excavation of 18". There is a Change Order No. 1*coming before Council to cover this necessary excavation. This Change Order has been reviewed with FAA and meets with their approval. �S r k What's Happening Report Page 3 October 10, 1980 CITY ADMINISTRATION BUILDING The roofers on this project have finally got a few nice days and are presently working on installation of the roof. Concrete has been poured for the second floor of the building. DOT/PF WILLOW STREET Willow Street is presently being paved! If we receive another couple of good days, Willow Street paving should be completed. Something should be pointed out concerning this that might not be apparent at this time. :.Some businesses along Willow Street have in the past paved their parking lots all the way out to the pavement on Willow Street. These parking lots have been cut by the State at the property line. Driveways are being installed by the State to link these paved parking lots to Willow Street, but there will be a strip in many cases of unpaved area between the property line and the sidewalk or curb and gutter. It is my understanding that the State will come back next year and seed these areas but that they will not be paved. KENAI YOUTH CENTER Blazy Construction/G.S. Construction has poured the slab for the Kenai Youth Center. The water and sewer lines have been run into the building and the contractor should be turning in his submittals for the building at any time. CEIP ENGINEERING MONIES The City has received the written contract between CEIP and the City for the $55,000 engineering grant. This is for engineering on Main Street Loop and the Tinker/Lawton/Walker Loop around the High School and Jr. High. Water and Sewer has been engineered for Main Street Loop but the street portion has not been engineered. ATHLETIC FIELD FENCING Peninsula Fencing, a subcontractor under Saltz General Contracting, should be completing the installation of the athletic field fencing this week. There is a final pay estimate coming before Council at the next meeting. There is also a change order that involves installation of an 8' fence instead of a 5' fence between the dugouts and the backstops. There is also a reduction in the amount of fencing involved because of some minor changes in the field. Y- What's Happening Report Page 4 October 10, 1980 TOPO The City of Kenai has received blueline copies of this entire project. USKH is presently working on the mylars. The CEIP Portion of the project has been closed out and the entire project should be closed out shortly. WASTEWATER POLLUTION CONTROL FEDERATION The 53rd Annual Conference on the Wastewater Pollution Control Federation 1980 was very successful and was very well attended by many people throughout the country. There were cities represented there from large to small ones such as Kenai. I attended many of the technical sessions that were held, and I also spent a considerable amount of time with equipment dealers and vendors for wastewater treatment plant facilities. I received a considerable amount of information on items that will be placed in our present sewer treatment plant. I was pleasantly surprised in talking with these dealers that they recognized their piece of equipment that was to be installed in our sewer treatment plant expansion. KK/j et MM CITY OF KENAI _ F. O. /OX 580 KENAI. ALASKA 99611 - - _ TtttlNONt 206 • 7636 MEMO TO: HONORABLE MAYOR 6 CITY COUNCIL PROMs BEN T. DELAHAY, CITY ATTORNEY 4V RE: CHAPTER 131, SLA 1980, ADOPTING A NEW TITLE 4 OF ALASKA STATUTES GOVERNING ALCOHOLIC BEVERAGES DATES OCTOBER 6 , 1980 I am calling to your attention the changes governing alcoholic beverages which have some effect on City influence on issuance, renewal, transfer of location, or transfer to another person of licenses to sell alcoholic beverages. Chapter 131, SLA 1980, rewrote Title 4 of the nlaska Statutes concerning alcoholic beverages. Prior to these changes, where a local municipality protested transfer, renewal, or issuance of a license, the alcoholic beverage control board could not approve such action until after a public hearing had been held. Under AS 4.11.480 (attached hereto) of the new law, when a local governing body protests the issuance, renewal, transfer of location, or tranfer to another person of a license (by furnishing the board and the applicant with a protest within 30 days of receipt from the board of notice of filing of the application), the board may "o approve the application unless the board finds the protest is arbitrary, capricious, and unreasonable. This gives much more weight to the protest of a municipality to various licensing applications. Where application is made for transfer of license to another person and taxes have not been paid, there is no change in the law - the transfer shall be denied if taxes are not paid unless security is given satisfactory to the taxing authority. Where application for renewal of a license is made where taxes are unpaid, there is a minor modification. Previously where any taxes were unpaid, the board could not approve after a protest of municipality until after a public hearing. Under the new law, if the unpaid taxes arise in whole or in part from the licensed premises, the application for renewal may be denied. Since this is permissive, it may add nothing to the old law which implied that after public hearing the ABC board could exercise its discretion. Another change which might be important to the City of Kenai is a relaxation of the authorization to issue one license for each 1500 population or fraction thereof. AS 4.11.400(j) provides that the board may issue a new license in municipalities notwithstanding the population provisions "if the board finds that issuance of the license is necessary for the public convenience." Previously I had some reservation about obtaining a license in the Airport restaurant if the licensee there defaulted or ceased operation without transferring the present license on those premises, because I had some doubts as to whether the application of tourist facilities previously used would be applied to issuance of license at this time. Under the new provision, I believe it would be clear that having a liquor license in a restaurant at an airport would be a public convenience so that that problem will no longer confront the community. The law is comprehensive, and I could not answer questions from memory, but if any member of Council has any questions, I will be glad to look up the answers. BTD/md Enclosure 11 .. M '- iJ 2 3 4 u n 81 9 10 tt �. 12 13 14 15 16 17 18 19 20 21 n 23 24 26 26 r 28 for issuance, renewal, transfer of location, or transfer to another person of a license, or for issuance of a permit by serving upon the applicant and the board the rensona for the objection. The board shall consider the objections and testimony received at a hearing conducted • under AS 04.11.510(b)(2) when it. considers the application: An objec- tion and the record of a hearing conducted under AS O4.11.510(b)(2) shall be retained as part of the board's permanent record of its review of the application. Sec. 04.11.480. PROTEST. (a) lf-a local governing body wishes to .grotest the issuance, renewaltransfer of location or transfer to an- other nerson.'of a license, it shall furnish the hoard and the applicant with a protest within 30 days of receipt from the board of notice of. -filing_ of the application. The board shall consider a protest and testimony received at a hearing conducted under AS O4.11.510(b)(2) or (4) when it considers the application, and the pretest and the record of the hearing conducted under AS O4.11.510(b)(2) or (4) shall bps retained as part of the board's permanent record of its review of the application, if an application is protested, the board may not approve the applica- tion unless the board finds that the protest is arbitrary, capricious, and unreasonable. (h) If the permanent residents res3.ding outside of but within two miles of an incorporated city or an established village wish to protest the issuance, renewal, or transfer of a license within the city or village, they shall file with the board a petition meeting the require- ments of AS O4.11.510(b)(3) requesting a public hearing within 30 days of the posting, of notice required under AS O4.11.310, or by December 31 of the year application is made for renewal of a license. The hoard shall consider testimony received at a hearing; conducted under AS 04.- 11.510(b)(3) %:hen it considers the application, and the record of a -3(,- FCC5315 239 TA `' P' '•�, - --.-ate_- - _ __ . - .. _ -_ - �_..-_._..�.. e CITY OF KENAI P. O. IOX $80 KENAI, ALASKA Nil1 -- - - _ TELEPHONE 405 • 7555 MEMO TO: HONORABLE MAYOR & CITY COUNCIL, CITY MANAGER, AND FINANCE DIRECTOR FROM: BEN T. DELAHAY, CITY ATTORNEY do REs PROPOSED AMENDMENTS TO ORDINANCE NO. 612-80 ON SALE OP CITY LANDS DATE: OCTOBER 81 1980 You will find attached for your study and consideration amendments which have been proposed to Ordinance No. 612-80 providing for sale of City lands. I have proposed the first three amendments to assure that our t ordinance is not interpreted in such a way as to place it in conflict with State law providing for sales of tax -foreclosed properties. Each of the other proposed amendments has an explanatory paragraph stating who proposed the amendment and the purpose to be accomplished by such amendment (insofar as my notes and ► understanding would allow). The proposer of such amendment might 4 have other and better reasons to support the amendment. Practically all of these amendments, as well as the ordinance itself, is a matter of setting policy for the guidance of the City Manager, who for the sake of efficiency is given powers to work within the framework set out by the ordinance. As a matter of parlimentary procedure, of course, any amendment which is placed before the body is subject to further amendment before the vote for adoption. If at all possible, any amendments ---= should be discussed with me, or proposed to me, so that I can -- draft proper language that will not be in conflict with other -- portions of the ordinance, or if necessary add provisions for amending other portions of the ordinance to avoid such a conflict. After Thursday I will not be back in the office after my vacation until November 3, 1980, but any calls left for me, or notes left in my office that I can find at that time, will give me an opportunity to consider them before the hearing on this ordinance set for November 5, 1980. BTD/md Enclosures L r) 1 AMENDMENT #1 Section 1 of Ordinance No. 612-80 should be amended to read as followss "Section 1s KMC 22.05.060 is hereby repealed." if Section 1 is amended, the title of Ordinance No. 612-80 should be amended by adding after the word "ALASKA" in the first line the words "REPEALING KMC 22.05.060 AND." This amendment is suggested because this section of our ordinances is mostly repetitive, and in some instances in conflict, with KMC 22.05.090 which is practically a reproduction of AS 29.53.370 which is applicable to home -rule municipalities. AMENDMENT #2 There should be added to Ordinance No. 612-80 a new section numbered Section 7 to read as follows: *Section 7: That RMC 22.05.090 2 is hereby amended as followss 02. Tax -foreclosed properties conveyed to the City by tax -foreclosure and not required for public purpose shall [MAY] be sold pursuant to the prgvisions of this section. RMC 22,05,030`0 OQO. OQS. AND 00. a d AS 29.51 _370 - 385. Before the sale of tax -foreclosed property held for a public purpose, Council, by ordinance, shall determine that a public need does not exist. The ordinance shall contain the information required in 1 of this section." AMENDMENT #3 KMC 22,05,010 set forth in Section 2 of Ordinance 612-80 should be amended by deleting the . after chapter at the end of the fifth line, substituting a , therefor, and adding "and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29.53,360-385 which home -rule municipalities are required to comply with." This amendment is suggested to make it clear that in addition of provisions of this chapter, there are provisions of State law which must be complied with in the sale of tax -foreclosed properties. 1_ I f AMENDMENT #4 Councilman Ambarian suggested that lands should not be sold because they were not needed for "immediate public use," as set forth in the last line of Page 1 of Ordinance 612-80, if they might be needed for future public use. In setting aside tax foreclosed lands the Alaska Statutes usually use the wording "public purpose" and does not require immediate use. In order to be able to plan for the future, it might be appropriate to change City ordinances to agree with this wording In the various provisions before the Council. I would therefore suggest that Ordinance 612-80 be amended as follows: 1. RMC 22,05.010 as set out in Section 2 is amended by inserting before the word "municipal" in the 8th line thereof the underlined words "a public" and by placing in brackets and in capital letters the word "municipal" and the last "a" in "purposes" following. 2. That Section 22.05.030 (a) as set out in Section 3 be amended by inserting before the word "municipal" in the fifth line the underlined word "A" and by placing within brackets and In caps the following wording "municipal or other" and the last "s" in the word "purposes." (NOTE: If Amendment No. 1 is D= adopted, then the following additional amendment should be passed to accomplish the purpose of Amendment f 4: ) 3. RMC 22,05,060 2 as set out in Section 1 is amended to replace the wording 'immediate public use" in the last line on Page 1 with the wording "public purpose." r AMENDMENT #5 Councilman Ambarian suggested that the value to be set by the appraiser should be specifically clarified by adding market value, and in order to make it comply with requirements for Airport lands, Ordinance No. 612-80 should be amended as followss 1. Section 3 should be amended by adding to K14C 22.05.030(b) therein the words "fair market" before the word "value" in the first line of said sub-section(b). 2. section 4 should be amended by inserting the words "fair market" following the word "appraised" in the 2nd line of KMC 22.05.040(d)(4) therein. E - 4 i i / f� t ' y AMENDMENT #6 Councilman Ambarian suggested that the words "earnest money" in Section 4, KMC 22.05.040(b)(1) should be defined, and if the Council feels it necessary, the section referred to should be amended by adding after "money," the first word in the fifth line ' of said sub -section, the following parenthetical statement "(which shall consist of cash or its equivalent deposited with the real estate broker, if any, and if none with the Finance i Officer of the City of Kenai)". i i i f i F 1 I f I t I AMENDMENT #7 Councilman•Ambarlan also suggested that a credit check be run on applicant, and if that is the desire of Council, then KMC 22.05.040)(b)(1) as contained in Section 4 of Ordinance 612-80 should be amended by addition of another sentence at the end of the present contents to state "After said earnest money is deposited and before any other action is taken in preparation for sale, the City Manager shall obtain a credit check on the applicant to ascertain that he has sufficient financial capability to purchase said property and pay all costs thereof." P 1 AMENDMENT $8 Amend Ordinance 612-80 to add a new section to read as follows: osection as That the Kenai Municipal Code is hereby amended by adding a new section to be numbered KMC 22.05.025 which shall read as follows: 022,05,025 conyeva ce to Encourage Alen Business gnterorisess (a) Notwithstanding any other provisions of this chapter, where it is found that encouragement of a new business enterprise would increase the economic stability of the City of Kenai and would be beneficial to the City of Kenai, the City Council by resolution so finding may direct conveyance of one or more parcels of City land by the City Manager to such business enterprise upon such terms as to pricer conditions of conveyancer and with such contingencies as may be set forth in said resolution. "(b) In the event the land directed to be conveyed under sub -section (a) above consists in part or in whole of airport lands, then the resolution ordering its conveyance will not be effective until the City Council by ordinance has appropriated from the general fund to be dedicated to the Airport Investment Reserve the difference between the appraised fair market value of said airport lands and the purchase pricer if anyr set forth in said resolution." This amendment was proposed by Councilman Malston in order that conveyance of City lands can be made to entice new industry or business to locate in the City which would be beneficial to the City. am AMENDMENT #9 Amend KMC 22.05.O40(f) in Section A of Ordinance No. 612-80 to read as follows: "(f) Where a real estate agent furnishes a buyer or grantee for City land, the closing agent shall be authorized to pay to said agent a real estate commission of 10a of the purchase price for the land or 10% of the appraised fair market value of the land, whichever is higher, under the following terms and conditions: "(1) The City Manager may grant exclusive listings of one or more parcels of land to one or more real estate brokers with the real estate commission set forth to be divided in accordance with normal practices of real estate brokers in the event that sale or conveyance is consummated. "(2) If a parcel of land not subject to exclusive listing as set forth above is sold to a buyer furnished by a real estate agent, whether on negotiated sale or after a public sale, then the authorized real estate commission will be paid to the real estate agent furnishing said buyer by the closing agent on closing the transaction. "(3) If a parcel of land not subject to an exclusive listing as set forth above is sold at public sale, and the applicant who instigated procedures for such public sale was furnished by a real estate agent, and the buyer at said public sale was a different party furnished by a different real estate agent, then on closing of the transaction the closing agent shall be authorized to pay the real estate commission set herein to the real estate agents concerned, divided in accordance with normal real estate practice as though the real estate agent furnishing the applicant had been granted a listing to the property and the real estate agent furnishing the ultimate buyer had furnished the buyer of the property." This amendment was suggested in part by Councilman Ambarian who questioned whether the commission would be split or whether the full commission would be paid to each agent where a different agent furnished the buyer at public sale from the agent who furnished the applicant who instigated such sale, in part by Councilman nueller and by Jerry Andrews of the rlanning & Zoning Commission who stated that the customary commission of 10% would be more effective in selling City land since real estate brokers and agents would not devote their primary efforts to selling land at a lower commission then could be secured for sale of other lands, and in part by Jerry Andrews who asserted that the promotion of City lands for sale would be enhanced by giving exclusive listings to one or more brokers, monitoring their efforts, and changing listing where brokers did not perform. AMENDMENT O10 Amend KMC 22.05.045(a) as contained in Section 5 of Ordinance No. 612-80 by deleting the wording beginning on the 7th line thereof, "the greater of 10% of the sales price or" and the wording beginning on the 8th line thereof, "if a real estate commission is applicable". Councilman Mueller suggested this amendment based on the fact that a different down payment where a real estate commission is not applicable might encourage fraud on real estate agents by encouraging buyers, who had been told of or shown a property, to avoid the agent and try to negotiate directly. In order to encourage sales of lands, the down payment should be kept as small as possible, but it should be sufficiently large so that it would cover any real estate commission and also pay at least a portion of expenses of the City in appraisal, surveying, and platting the property to prepare for sale, as well as being sufficient to discourage parties securing property on direct sale from the City from subsequently defaulting on their note causing the City to have to take the property back over. i AMENDMENT #11 Amend RMC 22.05.045(b)(2) in Section 5 of Ordinance No. 612-80 by deleting all the wording tbereof beginning with the words "City Manager" in the second line thereof and substituting therefor the wording "City Council by resolution." This amendment was suggested by Councilman Ambarian who believed that the rate of interest rates should be set by Council. The original wording was designed to facilitate efficiency of sales by avoiding having to go to Council to set interest in view of rapid fluctuation. This would provide a "floor" under the interest rate to be set by Council, but would allow the City Manager to take advantage of higher market rates when available so as to secure more revenue for the City and so as to encourage rapid prepayment. AMENDMENT #12 Amend RMC 7.30.030(b)(3) in Section 6 of Ordinance No. 612-80 by addition prior to the first word therein of the following underlined material, "After June 30 of each veax." changing the capital "I" in "Interest" to a lower case letter "interest," and adding after the word "Reserve" in the first line the following underlined material "in the ,previous fiscal yeas." This amendment was suggested by the Finance Director to correlate with the terms of the loan agreement from BUD for funding of construction of the Airport Terminal Building. C-" AMENDMENT #13 KMC 22.05.030(a) as set out in Section 3 be amended by replacing the "." at the end of said section with a "," and adding thereon "except that lands which have been leased and have substantial improvements constructed thereon shall not be sold unless the Lessee has made a written request to the City to place the land for sale." This amendment was suggested by Councilmen Ambarian and Malston to protect current Lessees who do not wish to buy the land or take a chance on having the land under their improvements sold to some other party. f= I k VERNON R. WIGGINS, GOVERNMENT RELATIONS %F 4 2940 Lexington Circle Anchorge, Alaska 99502 (907) 243.6825 September 30, 1980 Vincent O'Reilly, Mayor City of Kenai P.O. Box 580 Kenai Alask 99611 �t�c� ,I.11b0 Dear Vinc IK�,�,, As you k ow, during the past three years I had the good fortune to be associated with CMAL and the many people throughout Alaska and in Washington, D.C. who have worked with us to resolve the Alaska lands issue in the Congress. It now appears that leg- islation will be enacted and the President will sign a bill into law before year-end. Thus, as those of us who created CMAL promised in the beginning, we are now on a course designed to close by year-end and go out of business if a bill becomes law. With that projected closing and gradual cessation of activity in mind I have given considerable thought to my future plans. One of the things I plan to continue is development of my business, VERNON R. WIGGINS, GOVERNMENT RELATIONS, which I began in 1977. I have also formed a working agreement with ALASKA MANAGEMENT = CONSULTANTS, owned by Thomas F. Brennan. Mr. Brennan recently opened his business in public relations after eleven very dis- tinguished years as Alaska Public Affairs Manager for Atlantic Richfield Company. In addition, Mr. Brennan and I will announce (sometime after January 1, 1981) the formation of a new corpor- ation in Alaska offering a variety of professional services in the public affairs and communications"field: In recent years Mr. Brennen and I have worked on a number of projects together. Including the highly successful Atlantic Richfield Company program to bring nationally known outdoor journalists to Alaska to investigate and report on the critical issues involved in the lands struggle. I have lived and worked in Alaska since 1967--thirteen years. During that time I have gained considerable knowledge about the land and resource issues paramount in Alaska, as well as our federal, state and local government operations and the degree to which these issues and operations determine the success of our business ventures in Alaska. We all know the key role competent representation and a knowledgable spokesman can play with the Legislature in Juneau, before local legislative bodies, with the bureaucracy and equally important, in direct contact with the public constituencies (both inside and outside Alaska) at the grassroots level. i These are areas in which I excel, where we can develop a public affairs program (or supplement your existing program), and execute that program to aid in accomplishing the goals you have in Alaska. Without public understanding and support of your company's efforts achieving those goals may be impossible -- certainly difficult at best. Resource development is Alaska's future, public awareness, and, most of all, support of resource development projects are the key to that future. I believe my knowledge and experience offer a unique capability in these areas. I would welcome the opportunity to relate to you some of the successes we have had and discuss how we can serve your company. For the next three months I can occasion- ally be contacted at the Anchorage CMAL office 907-276-0010, or regularly at the number on this letterhead. Than ernon R. Wiggins Government Relations VW/ ab P.S. Vince, referrals and recommendations will be greatly appreciated. Thanksl 0' �•, f- C-I �, t i 11�'' (1 �, . �t `•�' (� ! MY MUNONO, 80YERNOR LI ., DEPART 1ENT OF REVENUE AlCONU NOUN CONTROL BOARD - ANCHORAGE AK 99t3ot September 25, 1980 Ms. Janet Whelan S" ti 1980 ofClerk City Kenai "Yr� P. 0. Box 580 Kenai, Alaska 99611 Dear its. Whelan: y Listed below is the action taken by the Alcoholic Beverage Control Board at its meeting of August 28, 1980, in Anchorage, concerning liquor license applications in the City of Kenai. Approved transfer of beverage disgensary license for: The Rig Bar; Pard Corp., Pres. William R. Jeanes, Sec. Patricia a Jeanes, and Roscoe & Donna M. Myers; 1209 Main Street; flail Box 7176 NRB, Kenai; transfer from Pard Corp., as above, and Wilbur $ Wanita Morris. Sincerely, Patrick L. Sharrock Director (907) 277-8638 vk (17 MY I #NNW, forma ALCOHOLIC OE N91 CONIBOL HAN ; 201 E. 9TH AM I ANCHORAGE. AK. 99801 1 October 9, 1980 O, Flo., Ms. Janet Whelan e� City Clerk City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Dear Ms. Whelan: Listed below is the action taken by the Alcoholic Beverage Control Board at its meeting of September 25, 1980, in Some, concerning liquor license !� applications in the City of Kenai. Approved transfer of package store license for: Casino Liquor Store; Casino, Inc., Pres. Peggie Garnand, Vice Pres. Bob Garnand, Sec/Treas. Sharon McKenzie; 1 Blk North of Post Office; Mail P. 0. Box 8281 PNRB, Kenai; transfer from Carrs Quality Centers, Inc., Pres. L. J. Carr, Vice Pres/Sec/ Treas. J. P. Wiley, d/b/a Kenai Liquor Store #54. Sincerely, Patrick L. Sharrock Director (907) 277-8638 vk W Xenai dommunity �U77aZy A PUBLIC LIBRARY IN B[RVICL BINCC 1949 BOX 157 KENAI. ALASKA 99611 REPORT FOR THE MONTH OF SEPTEMBER, 1980 Circulation Adult Juvenile Easy Books Fiction 1114 305 982 Non-fiction 1222 8T 186 Total Book Circulation 3896 ' Films Phonodiscs P amphlets, Periodicals 352 ' ; Total Circulation 4248 Additions Adult Juvenile Easy Cassettes Phonodiscs Total Gifts 114 4 19 2• 42 181 Purchases 6T 35 5 35 6 148 Total Additions 329 Remedial and Re -works Adult Juvenile Easy Books Cassettes Total 51 1 4 2 58 Interlibrary Loans Ordered Received Returned I Books 54 14 20 I /AV Phonodiscs1T 36 31 `t[l Interlibrary Loans by our Library 114 ' Volunteers Number 24 i Total Hours 281 Income Fines and Sale Books 455.40 Lost or Damaged Books 44.93 - Xerox 14l.05 Donations 51.00 Total Income for September $692.38 1 F . ` 4 1 f t f r LL F- � 1 J a 0 ALASKA MUNICIPAL LEAGUE 204 N. Franklin St. lunau. Abdca 90001 (907) 599.1129 RECEIVED September 22, 1980 byCITY r°c�PtKt ni Bulletin #80-32 To: League Members Re: Official Notification 1980 Business Meeting Pursuant to Article IV, Section 1 of the By-laws of the Alaska Municipal League, you are hereby notified that the 30th Annual Local Government Conference will be held in Fairbanks, Alaska, November 12-15, 1980. The annual business meeting of the League will convene on Saturday, November IS at 8:30 am as part of the conference agenda. Special programs for delegates will include workshops for elected -- officials, grant writing, planners, transit, and economic development. Other programs cover such subjects as time management, media, financial analysis, water, sewer and solid waste, citizen participation, community education and "Mayors in Action". We expect to have a better -than -ever conference this year and hope to see you in Pairbanks. Kenai North Kenai Soldotna Clam Gulch Wasilla Sterling Kasilof Anchor Point Cooper Landing Anchorage LIBRARY CARDS ISSUED - September, 1980 80 20 29 2 2 2 3 1 Z 2 Total Library Cards Issued 142 i F , S RECEfto 1980 ALASKA MUNICIPAL LEAC F w r" N 204 N. Franklin S4 Juneau, Alaska 09801 1907) 580.1325 September 22, 1980 Bulleting #80-31 To: League Members Re: 1981 Policy Statement Draft The Alaska Municipal League's 30th Annual Local Government Conference will be held in Fairbanks, November 12-15, 1980. Enclosed is the draft of the 1981 policy statement. The draft, prepared by the AML Legislative Committee at their meeting in Palmer and approved by the AML Board in Juneau, is being sent to you now to give you time to review it prior to the conference in Fairbanks. In a continuing effort to involve more conference delegates in the League's policy development, each part of the policy statement draft 4 will be considered by an individual committee, with each section subject to debate and change. Under this procedure, delegates will be able to devote their time to policy areas of particular interest to them. The policy committees on municipal utilities, local government powers, public safety, elections and transportation, docks and ports will meet on Thursday morning, November 13. Those on taxation and finance, land use, resources, education and economic development will meet on Thursday afternoon. These committees will be co-chaired by members of the AML Board of Directors and the Legislative Committee, with knowledgeable resource personnel available at the meetings. Training programs and workshops are planned for the delegates on Friday, during which time the Legislative Committee and staff will prepare the results of the Thursday deliberations for submission in written form to " the delegates at the annual business meeting on Saturday, November IS. Further debate and the adoption of the League's 1981 policy statement --- will occur at that time. Ile urge your careful review of the proposed statement and solicit your remarks. More importantly, we urge you to send people to the conference to serve on the committees which will draft the final statement of t policy for this association. Mi �� __ _ _ _ _ � - f, -_ems __ _ _ ___ __ _ __ _ _ _ _ __ � ...- --r • r ..-� RECEIVED v�t"vs 1980 AQMINI�pp��* I � ALASKA MNICIPAL LEAGUE 1981 POLICY STATEMENT DRAFT V_ - PART I TAXATION AND FINANCE A. State Collected, Locally Shared Taxes 1. Municipalities in ,Alaska presently derive significant revenues from state - collected, locally -shared taxes to help meet their basic operating expenses. 'rile League, therefore, opposes reduction of such revenues through elimination of such taxes unless other equal sources of revenue are made available to local governments, or appropriations to compensate for lost revenues are made by the state. 2. The Legislature funded the general and petroleum corporate income tax municipal assistance fund at $13,500,000 - an amount that is $2,100,000 more than the FY 180 level, but far less than the minimum $41,700,000 that should be there if the Legislature had appropriated "an amount equal to or greater than 100,;" of the general and petroleum corporate income tax revenues as authorized by law. To compound the inequity, the Governor vetoed $2,100,000 reducing the appropriation to the FY 180 level. The League, therefore, urges the Legislature and the Admin- istration to fund the local government share of the Corporate Income Tax at no less than the minimum authorized by law. 3. The League continues to urge adequate funding of the Abandoned Motor Vehicle Fund with special emphasis paid to the cost incurred in handling abandoned vehicles which have no value. 4. The League supports legislation which would enable municipalities to levy, by local option, a tax on the same tax sources as authorized for levy under the Alaska Income Tax Act, without restricting municipalities' rights to levy taxes on other sources. The League further recommends that the municipal income tax be collected and administered by the state and refunded to the jurisdiction levying the tax. R. Locally Collected Taxes 1. The League opposes the imposition of state -mandated exemptions of certain classes of property, individuals, organizations or commodities from the appli- cation of such taxes unless adequate compensation is made by the state to reim- burse local government for revenues lost due to these exemptions. 2. The League endorses the position whereby the state would pay to the local governments a payment in lieu of ad valorem taxes for the state oumed property as as well as payments for its share of the cost of improvements which benefit such property. C. Local Taxing Powers 1. The League opposes any further effort on the part of the state to levy a property tax which would infringe upon the rights of local governments to levy the same rate of tax as levied on other property within the taxing jurisdiction. D. State Shared Revenues 1. The League supports annual increases in the municipal services revenue sharing program. The annual appropriation by the legislature to the municipal revenue sharing program shall be an annual increase of the 1980 Legislative appropriation J based on such criteria as state population shifts, inflation and increased cost of local government services and other timely considerations. 1 i 2. The League continues to support an increase of available state funding for road maintenance to realistically reflect today's cost of road maintenance, with this increase fully funded. F. Fundinctho %ew1y Organized lnicip• lltics , 1. The League requests the enactment of legislation to provide adequate block grants to assist in the implementation of now municipalities. j I F. Funding the Study and Formation of New Municipalities 1. The League requests the enactment of legislation to provide adequate block grants to assist in the formation of newly organized municipalities. i G. Public Employee Retirement 1. The League urges that legislation be passed which increases benefits under the Public Employees Retirement System provided that the increased cost be borne by contributions from the employees. The League urges the Legislature to recognize the effect on participating municipal employers if any amendments are made to PERS. 2. (Many locally elected officials are being excluded from participation in the Public Employees Retirement System because they are also active members of the Teachers Retirement System, Therefore, the League supports legislation that would eliminate that portion of Alaska Statutes (AS 39.35.680(21)(c)(iv)) that excluded active members of the Teachers Retirement System from being active members of the Public Employees Retirement System and to allow retroactive participation provided that the employee applies for it and makes the full retroactive contribution as he/she would have if he/she had been an active member during the retroactive period. H. Local Hospital Use ! 1. The League urges the state and federal agencies responsible for health care to utilize the local health facilities and to transport patients to regional centers ' only when the necessary services are not available. i 2. The League strongly supports increased state funding of hospital construction 1 and operating costs, but feels that this should be funded outside the state revenue sharing program. I. Role of the Permanent Fund i 1. The League supports legislation which would mandate the investment of a per- centage of the permanent fund into the development of energy resources and potable water supplies. — - 2. The League, which recognizes that the concept of the permanent fund is to take revenues from a non-renewable resource and turn these revenues into a renewable resource, urges the Legislature to increase the percentage of income going into F the fund to help guarantee the economic stability of the state. 2 i .1. Anti -Cyclical Policy 1. The League requests the executive and legislative branches of state Fuvernment to develop a clear anti -cyclical policy to provide -is much as possible for the scheduling of state capital projects projected for municipalities during periods of lower economic activity in the municipality ;slid to direct other state activities with consideration of municipalities whose economics are depressed from normal levels. K. Tax Credit - 1. The League strongly supports the development and implementation of a tax - credit program which would allow state income tax payers to use as a tax credit on their state income tax return that portion of Alaska local taxes tile)' pay for local school support. L. Loans for Hydroelectric Projects 1. The League supports uninterrupted continuance of loan funds from the state for feasible hydroelectric projects within the state and further supports that long term, low interest loans for these projects be funded from non-renewable resource revenues such as those presently being generated by oil and gas receipts. J PART II EDUCATION A. School Support 1. The Constitution of Alaska is very specific in its requirement that education is the responsibility of the state. Therefore, the League urges the Legislature to fund annually 100% of the costs of Public School Foundation, Special Education, student transportation (including kindergarten, inclement weather and hazardous bus routes) and Community Schools. Appropriations for these programs must reflect annually the increased costs incurred by school districts and full funding should not be used as a catalyst for the state to infringe upon the rights of local people to administer local schools. 2. The League further encourages the Legislature to continue to support school capital projects at 90% construction level or higher (as defined by the rules and regulations established by the Department of Education) and calls upon the Legislature and the Governor to fund this amount annually'. The League also supports legislation under which the state will provide funding for all approved school capital projects to the local district at the time of approval. 3. The League recommends that the state legislature fund fully all special programs required by Public Law. 4. The League recommends that the state reduce and simplify the paper work require- ment for receiving state and federal funds. S. The League recommends that the Legislature adopt legislation to endorse and fund education programs in the area of alcohol and drug abuse with staff training, such programs being optional by each school district. 3 j 6. The League urges the legislature to continue the policy establishing the E amount of the public school foundation support unit value one year in advince. R. Assembly/Council-School Board Ielationships 1. The League supports legislation to clarify assembly/council-school hoard relationships and opposes legislation which would diminish assembly/council authority in education matters. 1 C. Public Communications 1. The League encourages state and federal governments to seek immediate and expeditious activation of satellite communication facilities for education in the state. 2. The Second Session of the Ninth State Legislature implemented initial funding for limited televising of legislative sessions. The League now urges adequate funding of the program to assure that the general public has the greatest access possible, not only to floor sessions, but also to committee hearings. 5. The League supports legislation that would support communities served by television cable systems that are applying for issuance of FCC construction permits for mini TV translators. PART III PUBLIC SAFETY 1. The demand for trained competent local police and fire departments is accel- erating throughout Alaska. It is urged that the Legislature at an early date, assure that police, fire and emergency medical personnel training programs throughout the state have adequate facilities and program resources for training of local safety people, and provide financial support to assist the communities who participate. 2. Because the Alaska Police Standards Council has lost all federal support, the League recommends the establishment of state assistance proportional to the cost of on -going assistance to those members of municipal police agencies attending courses in order to meet the requirements of the Alaska Police Standards Act. 3. Recognizing that corrections is a state function, the League urges the state to fund the construction, if necessary, and the operation of short term detention facilities within local communities. 4. The League supports legislation which would permit municipalities to tax, assess or impose a surcharge on the distribution and/or sales of alcohol within its boundaries. S. The League supports legislation authorizing municipalities to establish additional standards for the issuance, renewal and transfer by the state of liquor licenses within the jurisdiction of the municipality. 4 /l � .` G. The League urges the state to establish a comprehensive fire education program, through the state fire marshall's office, that will utilize professionally trained fire educators. 7. The League urges the state to develop policies on those who arc arrested on "state charges" in Alaska. ►Chen a municipal police officer males an arrest for a state violation, it should he clarified that the state has the legal and financial responsibility for the alleged violator at the time of his/her arrest. S. The League urges the state to reform the Alaska Juvenile Justice System so that the people's confidence in the rule of the law will be restored and our traditional form of government will continue to provide security for the law abiding citizen. PART IV LAND USE A. Local Ontions 1. The League feels strongly that laws pertaining to the powers of local planning and zoning must allow for the greatest flexibility at the local level. B. Land Selection 1. The League urges (1) immediate conveyance of Native and state lands presently identified and jointly agreed upon for selection, and (2) the state move expedi- tiously to convey lands to municipalities. (3) The League encourages a cooperative intergovernmental land use planning process that considers municipal, state and federal lands affected by the land selection process. C. d(2) Lands in Alaska 1. The League supports land use recommendations which follow the multiple use concepts, and would be based on professionally thorough and unbiased analysis of land use potential and compatibility of uses, giving appropriate weight to economic, social and environmental factors. 2. The League urges that potential hydroelectric projects be eliminated from federal d(2) selections by providing headwater rights, sites for dam sites, corridors for water and electric transmission lines, power houses, associated substations and all attendant facilities. The League further supports the preservation of rights -of -way across all land selection and classification for the purpose of providing for future construction of public accesses of various types. D. Historic Sites 1. In order to help municipalities to retain as much as possible of Alaska's colorful and historic past, the League supports establishment of a state matching grant program and funding for acquisition, maintenance and rehabilitation of monuments and historic sites. S 1 P. Coastal ?gannrement 1. The League supports continued and maximum local control in the develo;prlent and nanagement of the coastal policies, coastal planning; and implementation of coastal policies. 2. The League supports the concept of "extra -territorial" planning; by munici- palities in the unorganized borough with statutory provisions to permit the :Alaska Coastal policy Council to adopt said "extra -territorial" planning; as part of the Alaska Coastal Management Program until such time as a resource district plan is adopted. 3. The League urges the state agencies to abide by a municipality's interpre- tation of coastal management standards from the time of conceptual approval by the municipality until final approval by the Legislature. F. Subdivisions 1. Subdivision of land is a major factor in community development creating patterns which have long lasting effects. Although present legislation clearly recognizes the need for regulation of subdivision, means of enforcement are inadequate. The League supports legislation which would require proof of approval by local authorities prior to the filing of an instrument affecting the boundaries of land and prior to any judicial partition of real property. 2. The League supports legislation which would require access to all state land disposals; and that, except for state subdivisions in remote areas or for dispersed R entry, local subdivision improvement requirements be honored by the state either r installing such improvements or by acquiescing in the formation of service areas -' and local improvement districts containing such property and honoring the obligation to pay LID assessments on such property while it is in state ownership. w 3. The League supports the concept of an Enterprise Fund as a means for the state to provide required improvements in state land disposals. G. State Land Disposal . 1. The League supports legislation which mandates land use capability and re- E source inventory findings for each tract of land included in the disposal bank. H. Grazing Districts 1. The League supports legislation which delegates to local governments the establishment of controlled grazing districts within organized municipalities. - - 1 I. Minerals 1 --- , 1. The League supports legislation that the state provide funds for necessary ' quantitative definition studies and market analysis of minerals other than oil and F �I gas. t 6 i b 3 �s LL k r'. 1• I �II PART V TRA.\SPORTATIO\, DOCKS ,L\p PORTS J A. Surface and marine Highways I. With the ongoing development of natural resources in Alaska, the League supports legislation which will expand the Alaska Marine Highway to Western Alaska and improve transportation to tie the Central Alaskan ports in with the Aleutian Alaskan ports and further supports the expeditious procurement of an ocean going vessel to accomplish the expansion of the Alaska Marine Ilighway System as stated above. 3. Since Alaska's economy depends heavily upon ocean and inland water shipping, fishing, and other marine travel, the League finds the existing port and harbor grant programs to be inadequately funded and urges expansion of these programs. Major port and harbor facility plans should be prepared and developed consonant with the municipalities' plans. 3. The League supports efforts to provide efficiencies in the operation of the Alaska Marine Highway System providing these efficiencies are based on publicly available economic and technical data. However, the League strongly objects to any reduction in existing marine highway systems absent technical, economic or other criteria; strongly urges community input be required prior to establishing marine highway rates, schedules and operational changes; and requests public input for studies affecting the operation of the Alaska Marine Highway System be solicited on a state-wide basis. 4. With the difficulty in acquiring public rights -of -way throughout the state primarily due to different land classification and ownerships, the League supports the identification of adequate corridors for construction for public access through such lands and early acquisition of adequate rights -of -way. S. The League supports efforts toward an expanded railroad system to better serve all areas of Alaska and to link the State of Alaska with Canadian rail facilities. 6. Since the Alaska economy depends on the existence of transportation routes, the League supports the continued use and state maintenance of the state highways and trails systems. 7. The League requests that the state of Alaska support mandatory shipping corridors within Alaskan waters. 8. The League requests the state to intervene in the matter of interpretation and enforcement of federal regulations pertaining to the transportation of hazardous cargo on passenger vessels and aircraft in order to reduce the financial penalties now imposed upon certain communities. 9. The League supports the expeditious development of a transportation program based on technical data with the maximum public participation possible which identifies the needs and establishes an improvement program for all forms of transportation in Alaska to include commercial and private air, marine and land transportation systems and adequate consideration for emergency airstrips. 7 10. The League requests that the state join in asking the President of the United Mates to intervene in the interpretation of the .Tones Act by the Customs Service, ss it limits the time permitted and number of port calls in Alaska by foreign bottom cruise ships. 11. Port Authorities: Insufficient mechanisms exist under Alaska law to create ioint port authorities, free port of entries and trade zones. Therefore, the l.eaguo supports legislation to expand the powers of home rule and general law municipalities to create, finance and operate port facilities and ancillary authorities to enhance commerce within the State of Alaska. 12. The League urges DOT/PF to make planning funds available to enable all municipalities to do the transportation planning within their boundaries that is required of coastal municipalities by the Alaska Coastal Management Program. 13. The League requests that the state consider a transportation system comprised of marine and land highway components. This system would embody shorter ferry runs between adjacent communities with extensions to the land highway system and by the utilization of high speed ferries and end -loading vessels with more frequent ferry service with minimal on -board facilities for passengers. 14. The League supports major and minor in -state ferry maintenance. I.S. The League requests the Division of Marine Highways improve the ferry reservation system. 16. The League urges the state to make an increased level of road construction funding available to all municipalities subject to state land disposals within (, their jurisdictions. B_. Air Transportation 1. The League supports the concept of continued expansions and upgrading of the �.. airports and air navigational aids in Alaska. 2. The League supports municipal acquisition of federal and state lands to i provide for needed expansion of port and airport facilities and operations. E PART VI MUNICIPAL UTILITIES A. State Regulation 7. 1. The League supports expeditious funding which would make available to the various municipal utilities and cooperatives in the State of Alaska direct grants and/or low interest loans in order that they may immediately be brought into adequate service for the people and that the Alaska Power Authority be adequately funded to meet the needs pf the municipalities for water and power source development and distribution. r E 8 t' '. Despite the demonstrated ability of municipal and cooperatives' utilities to operate their respective utilities in the best interest of consumer public, efforts are constantly being made to subject these utilities to regulation by the Alaska Public Utility Commission. Itcl;ulation by the A11UC is an unnecessary infringement on local government authority as well as that of federally regulated cooperatives. The League opposes any legislation which would continually inflict this undue regulation by the state. 3. The League supports legislation which would make it clear that municipal and cooperative utilities may include construction work in progress in the utilities base rate. i 4. The League supports the concept of direct grants and low interest loans from s state funds for the construction of power and water projects in order that rates t paid by the Alaska consumer for these necessary services may be set at a reasonable level which is within the ability of the citizen to pay. r B. Acquisition 1. One of the alleged benefits to accrue from the enactment of the Alaska Public Utility Commission Act was the amicable solution to the service area conflicts between competing utilities. To further this commendable objective, the League supports legislation which would allow municipalities operating utilities to acquire the facilities of a competing utility under specific terms which would fairly compensate the competing utility. C. Eater, Sewer and Solid Waste 1. Amendments were passed by the U.S. Congress to allow exemptions to the Clean Water Act with respect to sewage disposal in tide water with sufficient fluctu- ation. The League opposes any regulations which would unduly burden the Alaska communities in receiving these exemptions. The costs of preparing and presenting the applications should be an eligible expense and be reimbursed by the State of Alaska. • 2. The League also endorses the concept of the State of Alaska paying up to 75% for sewerage, solid waste facilities and water systems constructed by munici- palities under the State of Alaska Construction Grant Program. 3. The League endorses an amendment to federal law which would allow the opera- tional cost of sewage treatment facilities to receive general fund support from the State of Alaska and its municipalities. ' E. Fresh later I. The League endorses amendments to federal and state regulations to permit waivers of the Fresh Stater Drinking Standards as long as public health is protected. 2. The League endorses a comprehensive effort by state and federal officials to develop alternative sources in Alaska, as well as innovative and appropriate technologies, including cogeneration. Specific emphasis should be placed on the uses of these in the provision of sewage treatment and water supplies and solid ' waste facilities in the state. J 9 71 �. 0 PART % I 1 MUNICIPAL ELGCTIMS A. Wjorit,y Elections !° 1. The League strongly supports legislation which would permit a municipality, with voter ratification, to opt out of the 401, plurality requirement for election to office, and which would clarify the 4010 rule for municipalities that continue to use it. B. Poll [lours 1. Experience has proven that extension of polling hours has not increased voter turnout and has been costly. The League, therefore, opposes legislation which would extend the hours beyond the present 8:00 am to 8:00 pm. C. Registration 1. The League opposes legislation which would eliminate or erode the State of Alaska registration system. D. Administration 1. The League supports legislation which consolidates all functions pertaining to election, conflict of interest, campaign disclosure reporting and qualifications for candidates into one agency. E. Disclosure Restrictions r 1. The League opposes campaign and financial disclosure restrictions imposed upon local governments. The League urges the Legislature to review the laws making the reporting requirements less onerous than presently in effect. The League specifically supports legislation which would exempt from campaign disclosure and/or financial disclosure elected or appointed advisory boards as defined in AS 29.63.090. F. Voter Qualification 1. The League supports legislation which would require a person to be registered to vote, under the state registration system, in the municipality in which he/she seeks to vote. G. Qualifications for Elective Office 1. The League supports legislation that would include provisions in Title 29 for municipalities to set qualification for all elected municipal officials and to delete that section in Title 14 relating to municipal school board member qualifications. 2. The League supports legislation that would amend Title 29 to include reference to the requirements of AS 15.13 and AS 39.S0 pertaining to qualifications of candidates. 10 It. Title 29 Revisions 1. The League supports legislation which could clarify AS :9.2S.070(b) to specify that signature requirements for petitions be based upon the last regular election held just p receeding the date of first circulation of the petition. 2. The League supports legislation amending; AS 29.28.070 to provide that the number of signatures required to initiate a petition for referendum, initiative or recall be 10, of the number of voters voting in the last regular election regardless of population of the municipality. 3. The League supports revision of the reapportionment provisions of Title 29 for clarification, simplification, flexibility and autonomy at the local level. PART VIII LOCAL GOVERNMENT POWERS A. Local Autonom 1. Because certain restrictions currently exist in the Alaska Statutes which impede effective independent local government, the League supports legislation which would promote more effective and independent local government in all organized boroughs and cities, and opposes any legislation which restricts local government powers. 2. The League supports the continued exemption of municipal officials and employees from the lobbying reporting requirements under AS 24.25. 3. The League supports legislation at both state and federal levels placing municipalities in an equal posture with state governments with respect to federal anti-trust laws. 4. The League opposes state restrictions on enforcement of municipal ordinances and supports legislation clearly establishing local autonomy in the creation of mandatory sentences and other remedies for violation of local ordinances. S. The League supports the community council concept and also supports legis- lation which would require that the local governing body be the management unit for local community councils. The local governing body should be both the re- quester and receiver of state funds that will be used to fund community councils. B. Public Employee Labor Relations 1. The League strongly opposes any legislation which would force municipalities to be subject to the provisions of the Alaska Public Employees Labor Relations Act. The League opposes just as strongly any legislative efforts to dictate the provisions of local public employees labor relations ordinances. The League supports legislation to allow each municipality at any time to reject or withdraw from the terms of the Alaska Public Employees Relations Act. 2. The League opposes legislation imposing binding arbitration on local govern- ments. Such legislation would hinder local governments' ability to determine their personnel costs and prevent local government from having complete control of determining the local tax rate. Third Class Borough :. The League supports elimination of language from Alaska Statute., which would "I-. :::low for the future creation of third class boroughs. my existing third class :trough would be allowed to continue in existence until such time as it reclassifies. :fie League believes that a third class borough, as currently defined in statute, cues not meet standards for a general purpose local government. % Local Government Study 1. The League endorses, and strongly supports, legislative action that would create and adequately fund a committee which would be charged with investigating current and future state/local government relations and finance in Alaska, and the current and future status of local government structures, specifically in- :luding the unorganized borough. The committee shall be comprised of state administrative officials dealing with local governments, local government Officials, and residents from large and small cities and boroughs, specifically including the unorganized borough and legislators. The committee shall prepare a report on its findings, including proposed legislation and constitutional changes, and shall submit the report to the State Legislature and all local governments. PART IX RESOURCES A. Non -Renewable 1. The League supports a clear policy requiring the processing of state royalty oil and gas and other natural resources within Alaska. 2. The League encourages a state policy requiring the distribution and sale within Alaska, to the extent it is economically feasible, the products of Alaska processed oil and gas and other natural resources. 3. In response to the energy shortage and its economic impact on the people of the state, the League urges the federal government, the State of Alaska and League »embers to design, construct and use their buildings with an emphasis on energy efficiency. 4. In consideration of anticipated shortages of petroleum products for energy production, the League urges the state to pursue the development of Alaska's coal resources. S. The League supports legislation which establishes a clear mineral policy to encourage resources development, in -state ore concentration and/or reduction, and protection of mineral land from imposed incompatible land uses. 6. The League supports optimum use of gas liquids as feed stocks for in -state petrochemical development, with coal or other energy sources to be used for the : processing. t 12 YA - T- B. Renet�able 1. The League requests that the executive and legislative branches of Ftate government establish a policy reduirinl' the development and processing; of re- newable resources in Alaska, and through appropriate inventory and management practices make all renewable resources available for development and processing on a sustained yield basis. 2. The League supports legislation which would establish and continue existing long range research and development in high value finfish and shellfish adun- culture and enhancement, and for the development of an aggressive bottom fish program. 3. The League requests the executive and legislative branches of our state government to accelerate market studies and market development of Alaska's renewable resources. d. The League supports legislation for the development of an aggressive bottom - fish program including substantially accelerated marketing studies and market development for Alaskan bottomfish products. S. The League requests the Legislature and Administration to adopt, by statute and for regulation, the policy that hydroelectric energy is one of the most advantageous and acceptable methods of generating renewable energy for use by the many citizens of Alaska. 6. The League recommends legislation establishing a state energy policy which addresses both rural and urban situations and provides incentives to development of energy sources specific to community needs, giving preference to renewable energy sources and/or new technologies. 7. The League recognizes sport fishing as an important renewable resource which has economic and well as recreational value, and should be protected and developed. C. Human Resources 1. The League supports and encourages, within the confines of the constitution and human resources limitations, any efforts on the part of the Governor and the Legislature to implement an Alaska hire policy. 2. The League encourages the Legislature and Administration to use both human resources and technical resources of the institutions of higher learning within the state whenever possible when not in direct competition with private enterprise. PART X ECONOMIC DEVELOM EW 1. The exploration, development and industrial utilization of renewable and non- renewable resources, both inside and outside municipal boundaries, creates a substantial and immediate impact on the need for municipal facilities and services which exceed the financial ability of most municipalities to meet in the short period of time available to have such facilities and services operational. The League urges adoption of legislation which would provide financial assistance to municipalities which are proposed for such impacts. 13 �f f 2. The League supports and urges the Legislature to establish and provide imme- diate funding of programs that will create, assist or aid both public and private enterprises to plan, finance and develop job related industries, businesses and ! facilities that are compatible with the desires of local government. 3. The League supports legislation that .ill aid in the exploration, development and in -state processing of Alaska's raw materials and vast mineral wealth, and urges the state to provide incentives other than tax relief, to those industries engaging in in -state primary and secondary processing of Alaska's resources. 4. The League supports state grants for local economic development programs. S. The League supports a reduction of state regulation and requirement of redundant information reports for small businesses and local governments. 14 RECEIVED Union Oil and Gas Divison: Western Region • 4 x Union Oil Company of California P.O. Box 6247, Anchorage. Alaska 99502 By c n uF K=TIoN Telephone: (907) 276-7600 Robert T. Anderson September 18, 1980 Obtnet Land Manager I City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Attention: City Manager Gentlemen; Application is hereby made as of this date by Union Oil Company of California, a California corporation, for a permit for the drilling of an oil and gas well (Cannery Loop Unit #3), pursuant to City Code 5.35, established by Ordinance No. 508-79. In compliance with 5.35.050, Application and Filing Fee, we submit the following information: 1. The Date of Application. September 18, 1980 2. Name of Applicant. Union Oil Company of California, Operator 3. Address of Applicant. P. 0. Box 6247 Anchorage, AK 99502 Attention: Robert T. Anderson District Land Manager 4. Proposed Site of Well. Within the City Limits of Kenai, Kenai Recording District, Third Judicial District. City Manager 2 September 18, 1980 Cannery Loop Unit #3 TSN, R11W, S.M. Surface Location Section 4: Ny2NEUFASW4 - 5 acres Surface Owner Union Oil Company of California will exercise Its option to purchase. Mineral Owner Donald Fredrickson Lease Owner Union Oil Company of California as Lessee Description of Land Covered by Lease TSN, R11W, S.M. Section 4: Lot No. 8, N04SW14, SFhW--4 5. Type of Derrick to be Used. , Lee C. Moore Derrick 6. Depth of Well. Anticipated Depth 11,500 feet Union Oil Company does hereby request an exception to Section 5.35.130 allowing the utilization of a portion of an existing gravel pit adjacent to the proposed location as a reserve pit and will supply appropriate certification of this practice from the State of Alaska, Dept. of Fish and Came and the Dept. of Environmental Conservation. This practice has been used in the past on wells in a similar proximity to bodies of fresh and salt water and we feel is environmentally sound. M r � fl City Manager 3 September 18, 1980 Cannery Loop Unit #3 We enclose herewith our check in the amount of $500.00 to cover the filing fee. Certification of a Bond will be furnished the City prior to the issuance of a Drilling Permit in the amount specified by the City as will be a Certificate of Insurance in compliance with 5.35.090(1) and (2). We would appreciate your consideration of this application at your earliest convenience and would be happy to provide any additional in- formation you might request. Very truly yours, Richard J. Boyle Landman R?B/bde Enclosure mm NMI 100, IS IV 40. - 1 *N"EksW'k Section 4 .` •— �� • Township S North, Range 11 West) Seward Meridian �. f- lb t •� i s 1 % o� S �. CITY OF KENAI %Od (?aja" 4 4" _ /. 0. SOX NO NENAI, ALASKA 99611 �� -- - TEIE►NONE 441/ • 7536 October 13, 1980 TO: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public Works SUBJECT: Council Meeting of October 15, 1980 Three items were unintentionally left off the agenda for this upcoming Council meeting,•and I respectfully request that they be added to the agenda. 1. The inspection contract on the Spur Frontage Road with Wince, Corthell, Bryson, and Freas has not been officially approved by resolution. The attached Resolution is,needed. 2. The Council has approved entering into inspection contracts on all the other City projects this year but has not seen the actual contract. I have spent a considerable amount of time in writing this contract, and Ben Delahay has reviewed it, but the Council has not. I am sorry that it was so long in the making, but it is now enclosed for the Council's review. 3. Union Oil Company came before the Planning and Zoning Commission last Wednesday for approval of a Conditional Use Permit for Cannery Loop No. 3 Well. This permit was approved and the drilling permit now needs Council's review and approval. KK/jet orr+Cts NwY •W«w Cw[r«i K•�q/CSMKM �YMI1ryiIM wrM,/MI It-7 <+r f•W+ti YM11 eetaxt! OF OletCtoas w I4M,M «M��IYMN+O «06NwIG 1K Hr a M�e."0• Nrwwr rlrwr.Gs+wN trKfM r., a«,rIY b+r rwr.r {wer. rrw« tM ryl [yYp«{�•eM ow1wG,Loam ,O GwuM G+r p tp t�ewa, rpor Np{� rrw. wrraK {M1w+ra{„ularr rrcwr OIWIt M.rrr, wM•QrM 011h«aYI�Nr� C4+1rrq IIMY KM .r YrrW.1•r rr..,{rm ir,rr r.r u1 cr{�awi'°' 69N0 andY b•1 rifiwwnu rrW t brW frK+1•�N CI'+ iIM fern rv�ww Iv.Mn erwpr ra {a« r+rn.r•w hMN rr{Y Yrry G•I.•r C"W*1 low maw 1-0 r<+rrY o rrar,,.rer••.r ar{ry Ir+cr rK•NI rr..•r�+uw rr w tc•-v{. rMr a �� rYw r60-1 K<M W,•M ..rr r,1{QH• {tt Yr;r• {Yr arv�•q=� awr/r4r{ v rW u.•+�. vrowaG,+.wu ••^. A'• 111'•Ur fMW Cm _ n01M; n•p.V 1_�• •Cp c�ocaot te.r+rtus •+.a,+, r rw •�rl�r• •A Economic Development Council of Puget Sound 1900 Seattle Tower 121E Third Aveaue Seattle, Washington 90101 Phone: 42061622.2730 Coble: EDCOPS Telex: 162910 October 8, 1980 �C1V� r ocr 18 Mr. Watt Taylor Baldwin and Taylor P.O. Box 4210 Kenai, Alaska 99611 Dear Mr. Taylor: BALDWIN & TARM I am pleased that our plans are moving forward toward the seminar on November 1. My schedule calls for me to travel from Anchorage to Kenai on Friday afternoon, October 31. I have asked for reser- vations for two nights at the Sheffield House, departing back to Seattle on Sunday, November 2. If you can suggest any better arrangements, please let me know. Enclosed is an outline which I use to cover the general subject of how to organize and operate a community industrial development program. Much of this will be included in my remarks at Anchorage. It primarily helps me to present my thoughts in a logical pattern and avoid missing significant points. My preferred style is to apply this outline to the specific location, resources, economic structure and community attitudes of the place in which I am speaking. This is why I emphasized to John Monfor that I would need to update my information on the Kenai area and spend more time than simply that allotted to the seminar itself. The end result of this approach is that I try to use the occasion to actually identify the key elements and objectives of the development program rather than outlining a process that would have to begin from scratch. If the community leaders are willing, we could even adopt a structure, methodology and time schedule so that the process will have begun by the time the seminar is concluded. In this kind of working, decision -oriented seminar, I like to start by pinning down a consensus on the objectives of the program. Rather than beginning with a speech, I would lead a discussion period for about one hour (hopefully less) that would make certain we are all talking about the same thing. It is disconcerting to talk about industrial development for several hours, only to find out the audience is more concerned about retail or housing development. This process helps to get everyone on the same wave length. Page 2 - Mr. Watt Taylor October 8, 1980 After that opening, I would like to have 2 1/2 - 3 hours to present my formal remar!cs and respond to audience questions in a general sense. That should take us to lunch and lay the groundwork for developing some action -oriented discussions in the afternoon. For that session, 1 would like to lead a panel that would be fairly well structured but shill allow for maximum interplay of the participants and the audience. Optimally, this panel would aim at arriving at decisions, with concurrence of the audience, which will lead to initiation of the development program. These decisions would include the formal structure and responsibility for the program (city, borough, chamber of commerce, etc.), funding sources and level, target industries or objectives, methodology, and time schedule for further, defined action. I have found from experience that it does no good to make these kinds of decisions unless specific responsi- bility for them is assigned and time schedules are established. Hopefully, the panel members will be individuals who can speak for organizations capable of assuming those reponsibilities. I have had the opportunity to work with this kind of format in numerous communities in Washington, Oregon, California, Idaho and Utah, and have always found it successful so long as it moved toward decisions and accomplishment rather than being a general discussion session. Enthusiasm without action can be less productive than action without enthusiasm. ' In a nutshell, that is what I would like to do. It is ambitious, but if I do my homework I think we can accomplish it. As of three weeks ago, I assumed the directorship of the Economic Development Council of Puget Sound and set up permanent residence in Seattle. I will continue to do Some limited, professional consulting such as the programs in Alaska. It would be easiest to address all correspondence to me at this Seattle office. I am very much looking forward to coming up there again and getting reacquainted with the area. It should be a good program. Sincerely, Leland f. Smith Executive Director LFS:n I DEVELOPING A COMMUNITY INDUSTRIAL BASE Leland F. Smith L Overview of Industrial D^velopment A. Industrial development is primarily marketing a specific location for a recognized economic opportunity. What you are trying to do is influence a decision as to where capital investment will be located. That decision Will ultimately be made by the firm and it will be made on the basis of comparative location analysis. B. Factors that determine the location decision: Profit is a function of revenues minus costs. 1. Income factors: Market access, share, etc. 2. Direct cost factors: Labor, transport, land, etc. 3. Indirect cost factors: Tax climate, political factors, things that influence costs. 4. Subjective factors: Amenities, attitudes. C. Almost any of these factors will vary by location. As per economic geography, they mean comparative advantages and disadvantages for different economic activities. 11. How Industry Chooses a New Location A. An econoniie opportunity roust be identified. This is normally done by Internal planning. It can also be done by development research, such as by university studies. B. Operating (production) requirements are determined. Raw materials, energy, labor skills, transportation. C. General geographic areas are reviewed to identify locations with operating requirements. Resources f i D. Suitable locations are reviewed for comparative costs. E. How are these studies done? 1. Someone assigned to do them. That means a personality facto:•. 2. Resource and cost data obtained and analyzed. 3. Suitable areas are visited. 4. Selected area Is recommended. S. Final decision and Implementation. III. A Program For Industrial Development A. Preconditions for successful industrial development program. 1. Industrial development is a business - not a social welfare - activity. a. Define the product (location, labor, taxes, raw i materials, etc.) - i _ b. Define the market (manufacturing, government offices, warehousing, raw material extraction, etc.) e. Decide how to bring the product to the market i (advertising, direct mail, other promotions). 2. Organize the operation as a business F a. Establish decision making authority ' b. Assign responsibilities c. Set program, costs, budget, etc. B. Conducting the program 1. The community: Its resources (sepport capabilities) are what ` the prospect will review. a. Organizing resources to have what industry wants. Who ! j provides what? What more could be provided if ! 1 necessary? Zoning, manpower training, etc. i i I i .i i i - y f - h i i b. IdentifyIng strengths, deficiencies, relevance to industrial development. 2. Organizing people: Getting their support a. Internal - political, business, planning, etc. Controlling the negatives. b. External - EDA, State, Realtors, etc. Getting others to support you. 3. Organizing resource information a. Obtaining the information b. Putting it into a marketable form 4. Organizing what to do with a client a. Prospect development b. Prospect control e. Response mechanisms IV. Conclusions T1--- --•- CONSULTA?IT QUALIFICATIONS % LELAND F. SMITH Leland F. Smith has been engaged in economic and business. development consulting, planning and marketing In the western United States since 1966. His experience includes successful implementation of development projects in Alaska, Oregon, Washington, Colorado and Arizona in addition to his academic and professional qualifications. EDUCATION University of Oregon: B.A. degree In Economics Portland State University: M.A. degree in Economics As an associate faculty Instructor, Mr. Smith presently teaches Principles of Regional Development in the Geography Department at the University of Arizona. He also teaches economic theory at Pima Community College and has taught courses In economics at the University of Washington and the University of Colorado at Colorado Springs. EXPERIENCE Mr. Smith is President of Development Marketing Associates, a firm that analyzes, plans, organizes and implements strategies for gconomic development. DMA's approach to development utilizes sophisticated techniques to Identify market opportunities, based on analysis of regional economic support capabilities matched to end -user requirements. This approach enables DMA to create and implement development strategies that are based on realistic objectives and marketing potentials. In support of this activity he maintains an Arizona real estate license with the Grubb dt Ellis Commercial Brokerage Company, one of the nation's largest full -service real estate firms. He also associates with SRI International (formerly Stanford Research Institute), for research and consulting projects in real estate development and other areas of applied economic analysis. Mr. Smith formerly served as Consultant DIrector of Tucson Economic Development Corporation, and Executive Director of the Development Authority for Tucson's Economy. In these positions, he created and managed programs which resulted in such firms as IB19, Gates Learjet and National Semiconductor establishing facilities in Tucson. Prior to locating in Tucson, Mr. Smith served as a consultant for commercial and industrial development projects in the Pacific Northwest and Alaska, with emphasis on the analysis of development alternatives and the design of implementation strategies. Representative clients and services provided included: Kenai Natives Association, Kenai, A1Rska: At the request of the State of Alaska, provided consultant services under an EDA grant to develop a comprehensive analysis of economic factors underlying development potential on the Kenai Peninsula of Alaska. Its purpose was to identify feasible alternative uses for Wildwood Air Force Station, a 4,800-acre communications facility which had been declared surplus and deeded to the Indian association. Services included development of a manaocment plan and preparation of market strategies based on identified potentials and the structure of the regional market. Port of Bremerton Washln2ton: At the request of the Office of Economic Adjustment In the - Department of Defense, contracted with the Port of Bremerton to create a regional economic base by attracting new industry to support the employment needs generated by the establishment of the Trident Nuclear Submarine Base. Port of Port Angeles, Washington: Conducted a pre -development market analysis and cost/cash flow projection for an airport industrial park financed under an EDA grant; developed a marketing plan for the industrial properties. Port of Portland Ore on: Conducted a market feasibility analysis for a motel convention complex on the Portland harbor. Other experiences include organization and management of economic development programs as Director of Economic Development for the Colorado Springs Chamber of Commerce; Manager of the Pikes Peak Industrial Park in Colorado Springs; Manager of Area and Industrial Development for the Portland Chamber ofCommerce; and staff positions in economic development with the Pacific Power and Light Company and the Port of Portland. During these periods, Mr. Smith assisted more than 400 companies with their capital planning analyses to evaluate suitable locations for new administrative and manufacturing facilities. PROFESSIONAL ACCOMPLISHMENTS • o• As part of his development programs, Mr. Smith assisted in the drafting of l:gislation in Oregon which provides State financial assistance to disperse industrial growth to rural areas. In Colorado, he helped to guide a constitutional change which allows joint ventures between municipal utilities and private corporations. He was a participant in the First International Conference on Industrial Development held in Mexico City. Mr. Smith is a continuing faculty member at Basle Industrial Development Courses at the University of Alaska, the University of Arizona, California State University at Chico, and the University of Florida. He has lectured extensively and has published numerous articles dealing with economic development in national journals and college textbooks. Mr. Smith is author of ARIZONA REAL ESTATE INyF.STMENT MARKETS, 1979., a 204- page document which gives a complete supply and demand analysis of investment real estate development in one of the fastest growing markets in the U.S. Included are the economic factors that will determine future trends in investment markets. Professional recognition Includes designation as a Certified Industrial Developer (CID) by the American Industrial Development Council, of which he is a Fellow liember and has served on the Board of Regents. He is a past Director of the Industrial Development Research Council, an executive group member of the industrial and Office Park Development Council of the Urban Land Institute, and is a member of the National Association of Business Economists. He was formerly a member of the Advisory Council to the College of Business at the University of Colorado at Colorado Springs, and of the Governor's Advisory Council of the Arizona-tilexico Commission. Mr. Smith is a Director of the Tucson Symphony Society and is listed in the 1979/80 edition of Who's Who in Finance. and Industrv. A —-If 1� jlz AML lockl Government Conference. Ma oil dial-progrow and, workshops wIZZ be -offered- to RIEC�w jVZD dozi, dt-'*ko. JOW.6nmt4t obfiferaws, when'it -mosts in gates igan 4truotured to'bo. of ipterest to elooted and q4ninistrative AW&M AV%&SqorW k the iAdrl4ty Of e,- se sessions will a ilwvati *WMOOAZ -Md. 0 us program so tv thu 40�� Now -NOW. firw. 604 . . . . . . . . . . . . . ....... ..... 00 L -Lit, Sopr O"Lat wit V &ww d-twb4oftleds; f6i 00" lRdift.&MUO too* *ilt)t-pstw;ipip4r. world -with F the -42w hies 'Mild *Vw�_rwft" tloft lath 'the' larSer ones. Z Time Management VIM N-Ar - •GET MURE nay . . _. . - COKCRN!'RATE OK SIGHIFICOT TASKS t1kDUGF. THE JitER, K SBVERITY OF CRISIS . SITUATICINS _ ........ . - -SST A- GOON.EXAMM._P0R_ $U�DIIiAT_B -- .- d, -is_ A�ltesourc!-..:: . ----:.:.....: -:_:. _"_: - - -.. =_ fit_ lo�1i4 Do imaged As A Resource APPSAR t�1eETEM' TO HIQ�EA . i.EYEii . -'� MfA - - .. 6 tod by . T�0!!R JOE NORB INPERE$TID1G D o rmats. . at 4M.- Unive"ity `. : OJOYANU . s + o alsir lid. tbis •i11tVg :TII� -FOIL YONSELF :.. . �oit iss -.sprux, at th! Municipal " t : 3iric At Trent. aver sa o11- .. " i.!s, x11offering --it again . �1 ti Im- low tr .- T. leadim�. ;�.,�;;,. -- �• • -�.-o�-s�ait�, asd otli�r �t: I �. m j q,.v ' • zit- � 1. �.- - -; - E....�" tt. a! _� .. :�,_ _ems.{=<- .��•.�- _ :__._��"��_��. '. 11" •.'--' _` "_- - - ... l ' r __�� _�� •.b '3 - ..t.,, ` . .'. ' •- •- �- 1�i��' �: � . � •1�� sssistascl. ,� -..�, �+! to sriiaukte. earirnity " - - �-� i . csl pi #a ,3r:fiaa, the r1 p:�il1,"diirida into i* ` tiii issues . in depth, otw for small co.wmitioO at►d OnO Co..aities.. Fiifty, November 14 - 9.00 - 11:45 . - . I Media Relations "Lights - Camara -"Action". 0 AM 'in 106ii co-mim-ittis,- the local press 'wields A. 1r" tromdous amount.of power in comotmicating the 0 bomdh and city business to its citizens.. Ws 'provide amicipal- offict a - with -strat;OXISS -to test wore -Offectiveir with nportevs and the media. Moo -Productions will set .up a TV volluktoers throuth an wSual -interview. k .tgstion... Wdityp November 14 I:W, .4s30-1._... AL )q c: ........... Ff fair _Jf: J OWN-- _120AW 60,W 4W Wi" - -77P kAu Mo.- lokbkbs. ONCO- ch, 0 u _00RIP -W--Wilt tWti" b4 . ..... itsbke xj*St .7i*Vilft's t=: has -booa designated. headquarters for the conforenceo P,Plissft. cmtscrt. the hotel directly at FahtsOks, "107. I I I 0 Commu.0ty. n "Camminity Education Helps Local, Government" This -session will. ix'p'lore ways community education can, halo _- local Sovernment, in Al"kan co kes. Some topics- ' covered In the discussion will include, the major areas -of the . conaMity. education concept relating. to - the needs of- 1 al-.J*. OVIUMt Is citizen. participation_ in. local- - _-_.-Pr*Xqq-soXv go*w in -,;�olving: identified JpS, - iisieds and astab.11shint cookmiqVion sigh -Ifta" '-:-'7-: leaders have wound -to � -PSIOVS : in local" itfortS.1to stre" I SOM. tAsWOWties s 4* Wavember,14 3:00 .30 -oa 7 . .. ..... .1v 71- Xx11;!2._1. -4 Zan A 4, 27 AWAAF I - =W IMW71WINO, JUMA -7 J MWP 01.1 A: iSUrJY._, j�24—VAfiE- i - J , 1dI1C" �•••4::'i•Ii1pi11Cf ' INDEX •'s LFASF• OF AIRPORT LANDS OR FACILITIES THIS AGRFE%IRNT, entered Into this �yt.:_ day of 19*�)7, by and between the CITY OF KF•NAI. a home-ruic municipal rpera n +� of Alaska, hereinafter called "City", and _ R. L. Roper d/b/a Marine Products Sales and Service hereinafter called "Lessor". That the City, in consideration of the payments of the rents and _ the performance of all the covenants herein contained by the Lessee. does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska: to wit:. Y Tract 6, City of Kenai Boat Ramp and Right -of -Way Dedication, located within the City limits of Kenai, Alaska. Term: The term of this Lease is for 99 years, commencing on the 6th day of July . 1978. to the 3 th day of June , M77 . at the annual rental of S1,gg0.58 Payment: Subject to the terms of General Covenant Mo. 10 of this Lease. the rental specified herein shall be payable as follows: ` (a) Right of entry and occupancy is authorized as of the 6th e, " day of July , 1978, and the first rent shall be computed from such _ date unW June 30, Tom— , at the rate of $ 5.16 per day for 359 days. equals E 1 +849 .86 now due. (b) Annual rent for the fiscal year beginning July i and ending '+ June 30 shall be payable in advance, on or before the first day of July of each i year. (c) Rental for any period which is less than one (1) year shall be prorated, based on the rate of the last full year. (d) The rent specified herein is calculated as follows: 4.322 acres egttastt*feet at E 350.00 per aqvtllrxR><ICcpe9xgrgg}c, acre per 00 4(ExxxX XXXXxxxxVIIpI&xwm year, or slEM0.58 per year. 1 " In addition to the rents specified above. subject to General " Covenant No. 10. the Lessee agrees to pay to the City fees as hereinafter _ provided: i (a) Assessments for public improvements now benefiting property in the amount of E n/a (b) Applicable taxes to leasehold interest or other aspects. (a) Sales Tax now enforced or levied in the future. t (d) Lessee agrees to pay all assessments levied in the future by City ! the of Kenai. as if Lessee were considered legal owner of record of leased 1 property. 1 y 1 (e) Interest at the o•ate of eight percent M) per anmsm and ten i . t percent (10 %) penalties on any amount of money owed under this Lease which 1• is not paid on er before the date it becomes dr^. , (�Axhddit�sutalcehar)poacesxsaD:fnattu�inxStetvc�StflrxJtxxattns:fl�KX Page One, LEASP Revision 4/29/76 I jThe purpose for which this Leaso is issued is: Docking and unloading facilities and mdrine equipment warehouse and repair shop 411MMAL COVENAM 1. Uses: Except no provided herein, any regular use of innela Ithout the written consent of the city is prohibited. This tell not apply to use of areas desianated by the CRY for specified such as passenger terminals, automobile pnrkinr areas and tv-rt- 2. Uses Vat rontemplsted Prohibitpd: 9e1icitation of donntiors ton or operation of any part or kind of business or comwtnci fl •ther than as specifically sot forth heroin. upon, in or above without the written consent of the city is prohibited. 3. Impounding of PrnperMY Any or all personal or real nrop-tv ad upon Inds or in facilities in violation of prohibitions may be /or impounded by the City. and when so removed and/or such property may be redeemed by the owner thereof only upon to the City of the costs of removal plus storage charges of t1.00 $5.00 per day in the case of each building or each aircraft in o00 pounds gross weight. or in the ease of say other kind of n amount not to exceed $5.00 per day, Of accordance with such as may be incorporated into regulations 4. Commitment for Rent and Von-aMIMment: Lessee agrees nnual rental and fees specified end not to assign this Lease or or let, nor sublet. either by grant or implication. the whole or the premises without written consent of the City. which consent tainted pursuant to the following procedure: (a) Submittal to, and approval of, proposed loose transfer by 'tanning Commission. i (b) After approval by the Kenni Planning Commission. final •f transfer by the City Council. f Any assignment in violation of this provision shall be void, and rounds for cancellation of this Lease by the City. S. Treatment of Demise: The Lessee agrees to keep the clean and in pad order at its own expense. suffering no atrlp or reof. nor removing any material therefrom. without written ,n of the City. At the expiration of the term fixed. or any sooner Man of the Lease. the Lessee will peaceably and quietly quit and r the premises to the City 8. Pent of Rent: Checks. bank drafts or postal money orders - made payable to the City of Kenai. and delivered to the City 4 - ration Building. Kenai, Alaska. T. Construction Approval and Standards: Building construction ' neat and presentable end compatible with its use and surroundings. placing of fill material and/or construction of buildings on a leased c Lessee shall submit a plan of proposed development riting for sll, m Planning Commission which shall be approved entimprovements. r I r1e. LEASP Initials: ` Lessee: 1C Fi• Revision 4/29/76 9 i I S. Lense Renewal Request Peneedure: Leasee shall within thirty (30) days before the expiration, make appticatiun in writing for it ren,nvai. certifying under oath ns to the charaeter and vnlue of all improvements existing on the land, facilities, properties, or internRt therein, the pttrpeK"• for which such renewal is desired, and such other informatinn its the r'ity may require. The Lessee shall deposit with such ,►ppItention, the sum equivalent to one hundred percent 000%) of the Prevailing annual rental nv fees still in effect. Such application, when dilly conforming to the requirements herein stated, will extend the Lease on a month -to -month hngis until such time as the City gives notice to i.essee that: (a) The request for renewal has been granted. (b) The request for renewal has been rejected, statinFP thr reasons for such rejection. (c) The City has determined it to be in the best public intor4at. or is required by Law or regulation, to offer the Leese at a public auction. (d) That equitable considerations require a revision of the Lease prior to granting a renewal. 9, Right of Entry: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease, the City may re-enter and take possession of the promises, remove all persons therefrom, and upon written notice, terminate the Lease. 10. Rent Escalation: in the event this Lease is for a term Ir i excess of five (5) years, the amount of rents or fees specified herein shntl . at the option of either party, be subject to renegotiation for increase or decrease at intervals of five (S) years from the lot day of July preceding the effective date of this Lease. The amount of such rents or fees es reneeotint-d shall reflect the then prevailing fair matket value of the leasehold. To Increase or decrease in the amount of rents or fees shaU be effective, extent ' upon ninety (90) days written notice. In the event the parties are unable to agree upon the amount of such increase or decrease, such amount shalt be determined by three (3) disinterested persons: one thereof to be appointed by the City Council; one to be appointed by Lessee, its successors or assigns; and the third to be chosen by the two (2) persons appointed as aforesaid. The written idetermination of such three (3) persons shall be final and conclusive. I Neither party shall commence legal action without complying with this provision. ! - _ 11. Building Placement Restrictions: No building or other t permanent structure shall be placed within ten (10) feet of the boundary line s of any lot held by a Lessee; provided, however. that where two (2) or more ' lots held by the Lessee are eontinguous, the restriction in this coedition may i - - - be waived by written authorization of the City. 12. Protection of Aircraft: No building or other permanent structure shaU be placed within fifty (50) feet of the property line fronting a i landing strip. taxiway or apron without the written approval of the City. This '! area shall be used for parking aircraft only, 13. Votices: All written notices required by this Lease or nertnit O shell be sent by registered or certified mail or delivered personally to the lnitinls: • � n �j Lessee: I i� .asset: t ;}Page Three. LEASE Revision 4/29/7e i i 1 I i 1 x OK_jAe PA(IF 02 Q Kent; fr, nr.::n• 0•.rnrt last address of record in the files of the City. 14. Mar to Lease Acreptanee: The offer to tense is made suhjr•t•t to applicable laws and regulntions of City. and may he withdrawn without notice at any time after thirty (30) days from submission thereof, unlpsa within such thirty (30) days the Lessee executes and returns the Leann to the City. 15. Underlying Title: The interests transferred. or com'eypd by this Lease are subject to any and all of the covenants. terms or conditions contained In the instruments conveying title or other interest° to the City. 16. Right of Inspection: City shall have the right. at all reasonable times, to enter the premises, or any part thereof. for the purooces of inspection. 17. Insurance: Lessee covenants to save the pity he^mlesr. r«nm all actions, suits, liabilities or damages resulting from or arising out of any acts of commission or emission by the Lessee, his agents, employees, custornors , invitcos, or arising from or out of the Lessee's occupation, or use of the prt"isra demised, or privileges granted, and to pay all cents connected therewith. In this connection. the Lessee agrees to arrange and pay for all the following: (a) Public liability insurance protecting both the pity snd!or its agents and the Lessee, such insurance to be evidenced by a eertillente showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as 1100.000/1300.000/150.000 (b) Lessee agrees to carry employer's liability insuranee Snd Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not loss 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 Liability: It is understood and agreed that the Insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability. but otherwise shalt not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other named insured. 18. Accounting Obligation, Lessee agrees to furnish the City an annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. ! 19. Collection of Unpaid !conies: Any or all rents, charges. fees or other consideration which are due and unpaid at the expiration of voluntary it or involuntary termination or cancellation of this Lease. shall be a charge rl against the Lessee and Lessee's property. real or personal, and the City shall ll have such lien rights as are allowed by Law, and enforcement by distraint Initials: n Lessee:J� R� I.essore�� s� Page Four. LEASE Revision 4/29/76 may be made by the City tor its authori?ed Agent. 20. Ensement flrnnta Reserved: City resurvng the right to rr •ur and control easements in, or above the land mason. 'co such {:rant nr easoment will be mndo that will unrensonnbly interfere with the Lesson's uf," of the land. 21. Lease Subordinate to Flnnneing Requirements: Leagoo nur,w•a that City may modify this Tease to meet revised renuirements for Fedornl of - State grants, or to conform to the requirements of any revenue bond cov-r• rr. However, the modification shall not act to reduce the rights or Pri -W,.eaa granted the Lessee by this Lease, nor act to cause the Lessee financint In-;-. 22. Right to Remove improvements^ improvements nt%Aar! 1.•! Lessee on airport lends shall, within sixty (60) clays after the oypirnticn, termination or cancellation of the lease, be removed, provided that, in tu• opinion of the City, such removal will not cause injury or damage to the lands; and further, provided that the City mry extend the time for ramovin7 such improvements in cases where hardship is proven to its satisfaction; provided further, that application for extension has been made in writing sr." received within said sixty (60) day period. The retiring Lessee may, with the consent of the City, sell his improvements to a succeeding tenant. 23. Improvements Left on ).easnhold: if any improvements nrd for chattels having an appraised value in excess of $10.000 As determined by the City, are not removed within the time Allowed by General Covenant %In. 22 of this Lease. such improvements and/or chattels may, upon due notice to the Lessee, be sold at public auction under the direction of the City. The proceeds of the sale shall enure to the Lessee who owns such improvatront s and/or chattels, after deducting and paying to the City all rents or fees du--e and owing, and expenses incurred in making such sale. If there are no nt'ow! bidders at such auction, the City is authorized to bid on such improvements end/or chattels an amount equal to the %mount mead, or to become dug to the City by the Lessee. or $1.00. whichever amount is greater. The city shrll acquire all rights to such property, both legal and ougitable, at such a sole. is 24. Title of improvements on Leasehold to City: If any l) improvements and/or chattels having an appraised value of It10.000 or less. as determined by the City, are not removed within the time allowed by nonernt Covenant No. 22 of this Lease, such improvements and/or chattels shall enure to, and absolute title shall vest in, the City. 20. Right to Adopt Rules Reserved: (a) City reserves the right to adopt, amend and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by City shall become applicable to Lessee unless it has been given ten (10) days notice of adoption or amendment thereof. Such rules and regulations shall be consistent with safety and with the rules and regulations and order of the Federal Aviation Administration. Lessee agrees to observe. obey and abide by all rules and regulations heretofore or hereafter adopted or amended by City. it (b) Lessee shall observe, obey and comply with any and all 11 applicable rules, regulations, laws, ordinances. or orders of any governmental authority. federal or state. lawfully exercising authority over the Lessee or I+ Lessee's conduct of its business. lb 11 Page Five. Lease initials: Lessee: t Revision 4/29/76 , r -OK 2PAGR�= Nbnm loco mit Ilivret (a) City Shall not he liable to Lewssen for any diminution or deprivation of possession, or of its rllrht% hereunder. on account of the exorciso of nny such right or authority as in this Section provided, nor Shalt Lessee be entitled to terminate the whole or any portion of the lonsehold estato herein created. by reawn of the exercise of Such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a trrmbwtinn in whole or in part of this Lease by operation of law in accordance with the taws of the State of Alaska. 26. aircraft (lpormlons Protected: (a) There is hereby reserved to the City. its suceessory ind assigns. for the use and benefit of the public, a right of flight for the of aircraft in the airspace above the surface of tite premises herein con cyrd . together with the right to cause in said airspace such noise as may be inher.••.t In the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace of lending at, taking off from, or operating on the Kenai Airport. (b) The Lessee by accepting this conveyance exnressly aerrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object. nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations. Part 77. as amended. In the event the afornssirl covenant is breached. the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object. and to out the offending tree, all of which skull be at the rxpense of the Lessee or its heirs,or successors, or assigns. (e) The Lessee by accepting this conveyance expressly agrees for itself. its representatives, successors. and assigns, that it will not make use of the said property in any manner which might interfere with the landing and taking off of aircraft from said Kenai Airport, or otherwise creating an airport hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Lessee. F 27. Right to Enjoyment and Peaceable Possession: City hereby agrees and covenants that the Lessee. upon paying rent and performing other covenants. teens and conditions of this Lease, shall have the right to quietly, and peacefully hold. use. occupy and enjoy the said leased premises. 28. Lessee to Pay Taxes: Lessee shall pay all lawful taxes and I assessments which, during the term hereof may become a Iten upon or which may be levied by the state. borough. city or any other tax -levying body. ii upon any taxable possessory right which Lessee may have in or to the 1, premises or facilities hereby leased. or the improvements thereon. by {` reason of its use or occupancy, provided however. that nothing herein s contained shall prevent Lessee from contesting the legality. validity. or 14 application of any such tax or assessment. 29. Special Services: Lessee agrees to pay Lessor a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. I I 39. No Partnership or Joint Venture Created: it is expressly " understood that the City shall not be construed or held to be a partner or joint venturer of Lessee, in tho conduct of business on the demised premises: I� initinls: i j� Lessew Page Six, LEASE Revision 4/29/76 it t tisnn� 1:rcur,;t•;,,, lhetria and it is expresaly understood and agreed that the relationship between the parties hereto Is, and siatll at all tunes remain, that of landlord and tenant. 31. Default Bankruptcy, etc.: If the Lessee shall make any assignment for the benefit of Creditors. or shall bu adjudged a bankrupt, or if a receiver Is appointed for the Lessee or lossco's asspts, or any interest under this Lease. and if the appointment of the receiver is not vacated within five (5) days, or if a voluntary petition is filed under Section lsfn) of the Bankruptcy Act by the Lessee, then and in any event. the ('fly fatty, upon giving the Lessee ten (10) days' notice. terminate this Lresa. 32. Forebearance Not waiver of rfty's Rights: The aerepumen of charges and fees by the City for any period or per•iortq after default of the terms, covenants and conditions herein to he performed by the Lessee shall not be deemed a waiver of any rights on the part of the ('ity to terOn-te this agreement for failure by the lessee to perform. keep or ohsprva Piny of the terms or covenants or conditions hereof. 33. Reasonable nperations: This Lease is subject to cancellation if the Lessee does not maintain such operations as the City in its sole discretion shall determine to be reasonable, or if the Lessee fails to maintain a staff or facilities sufficient to reasonably execute the purpose for which this Lease is granted. 34. Fair Operations: This Lease is subject to cancellation If the Lessee fails to furnish such service on a fair, equal and pot unjustly discriminatory basis to all users thereof, or fails to charge fair, reasonable and not unjustly discriminatory prices for each unit or servtce: provided. ✓ that the Lessee may be allowed to make reasonable. and non-discriminatory discounts, rebates, or other similar types of price reductions to volur. e purchasers. 35. Controls to Prevent Discrimination: City reserves the. «fight to approve all charges and privileges extended to or withheld from the public, in order to insure reasonable charges and prevent possible ✓ discrimination or segregation on the basis of race, color, creed or national origin, or for any other related reason. 36. Nondiscrimination: The Lessee, for himself, his heirs, personal representatives. successors In interest, and assigns. as a part Iof the consideration hereof, does hereby covenant and agree as a covenant I running with the land, that in the event facilities are constructed, maintained. or othWwise operated on the said property described in this Lease. for a t !' purpose involving the provision of similar services or benefits. the Lessee Ishall maintain and operate such facilities and services in compliance with I all other requirements imposed pursuant to Title 49. Code of Federal Regulations, Department of Transportation.. Subtitle A. Office of the ' Secretary, Part 21. Nondiscrimination in Federally -assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights ' Act of 1964. and as said Regulations may be amended. That in the event of +- breach of any of the above nondiscrimination covenants, the City shall have is the right to terminate the Lease and to re-enter and repossess said land and facilities thereon, and hold the some as if said Lease had never been made or issued. t 37. Nondiscrimination: The Lessee, for himself, his personal representative. successors in interest. and assigns, as a part of the gonsideration hereof, does hereby covenant and agree as a covenant running, Initials: Lessee: J " Page Seven, LEASE Revision 4/29/76 ' it t r' R ( nnoKPAGN.�,� l .xi kec"r.}m.r District with the land that (1) no person on the grounds of race, color. or national origin shall be excluded from participntion in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities: (2) that In the construction of any improvements nit, over, or linden such land And the furnishing of services thereon, no person on the grounds of race, color. or national origin shall be excluded from participation in, denied the benofit5 of, or otherwise be subjected to discrimination: (3) that the Lcsseo shill use the promises in compliance with all other requirements Imposed by or pursuant to Title 40, Code of Federal Regulations, Oepnrtment of Transportation, Subtitle A. Office of the Secretary. Part 21. ondiscrimin:Wrat - in Federally -assisted Programs of the hepartment of Transporation -- Effectuation of Title VI of the Civil Rights Act Of 1964, and as said Regulations I may be amended. That in the event of breach of any of the above nondiscriminar'ex, covenants, the City shall have the right to terminate the Lcose and to ro- ••rt•:r • and repossess said land and the facilities thereon, and hold the some as it said Lease had never been made or issued. 38. Partial Invalidity: If any term, provision. eonditinn or part of this Lease to declared by a Court of competent jurisdiction to be invalid or unconstitutional. the remaining terms, provisions, conditions or parts shall continue in full force and effect as though such declaration was not made. .. _ . �_... ., 39, Parol Modifications: it is mutually understood and agreod that this agreement, as written, covers all the agreements and stipulations ` between the parties, and no representations, oral or written. have been 1 made modifying, adding to, or changing the terms hereof. ' 40. Warranty: The City does not warrant that the property "_ -- - which is the subject of this Lease is suited for the use authorized herein. and no guaranty is given or implied that it shall be profitable or suitable to employ the property to such use. ' r" 41. Additional Covenants: Lessee agrees to such additional terms and covenants as are set forth in Schedule B. attached. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgements below. ICITY OF KF.NAI By :._..,, CITY tfANAMR STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) On this 1, 9.'t) day of _ ,i�, �d --_ . 19 '7'? g , before me personally appeared i c -► r :- •. Fes, known to be the person who j executed the above Lease, and the acknowledged that he (she) had the authority to sign. for the purpose stated therein. � � r ! , VOTARY PUBLIC MR. ALASKA r t sty Commission Fxpiree: r*-.. � ,;'• ; rt } i (1 A Page Eight, LEASE Revision 4/29/76 i i� rr I` 4 It j 1 l• 1 ,111 . •• ( �lt��.rAr.R � 1Coiri iir.u.ua� Uistri�t LI°SSFt' STATE. OF ALASKA ) THIRD JUDICIAL DISTRICT ) On tl1is,2•q_ clay of . 19 % g , her-lra ,i•: personally appeared CZ A- • Qna_ , kn rvn to bn the- nc rt •r. who executed the above Lease anti acknrnvledeed that he (she) hnd the authority to sign the spine, for the purposcs 613t0d therroin. �,000000/"', VOTARY I'VELIC FOR, Ka . �t�•" My Commission Fxpfr4h. ACK\OWLEDGMENT FOR IFUSRAND Ain tiIFF STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT ) Before me, the undersigned. a Notary Public In and for the rter•- of Alaska. on this day personally appeared and , husband and wife, both known to be,.*.... persons whose names are subscribed to the foregoing Lease. and acknow! �•iy: to me that they executed the some as their free and voluntary act ane doe. . and for the purposes and considerations therein expressed. ONEN UNDER MY HAND AND SEAL OF OFFICE. this day Of , 19 I) NOTARY PUBLIC FOR ALASKA My Commission Expires: LEASE CONCEPT AND DEVELOPMENT PLAN APPROVEn by Kenai Planning Commission this day of . ,_,_ . 19 `i 7 SECRETARY `* APPROVED AS TO LEASE FOR11 by City Attorney :5:71 (initials) 1� APPROVED by Finance Director r t (Initials) -_ r• APPROVED by City )tanager (initials) LEASE APPROVED by City Council this = 1 day of 19 CITY CLF.Rv 01 , Page Vine. Lr.ASF. Revision 4/29/76 1 - : CITY OF KLN .i�1Of( .�.� r�! c>>,��•y"J� r • f•�•71RI crar•:�it.� L)11tr1Ct '^\•� P. O. BOX $80 • KENAI, ALASKA • PHON4 283.7�535 W n LEASE APPLICATION 'at Name of Applicant�� Address Business Name and Address �' j/,.�, ? J, zr_C_ �?-/7-1- - z'�_t� Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if .'applicable) ` Telephones 5-1 V (Check One) Lease V Permit , Lot Descriptiony41- 1+f3_i4. T ;z x !Lc•'It<rf Za Desired Length of Lease; er l � - Property to be used for f c��t tit=i - ?-t r ,' c�� _• �� ,� r,•1 ��.t/!K �a/s.!{.f f') f/1'�! :ri. � /t/; .{ t•! �.: a !{.fL..i•1•JGI ZJ Description of Developments (type, construction, size, etc.) J-I0 Y,o i�i_�I.)_��I.�c_ �� ,r: (<'r,F i ) a�> A (QAIP E -U4,? <<��': 4 3oeP AS Ct-i 0"t 2 n C)L%!F.IQeU1En1-r P)-.,�ti�. Attach development plan to scale (1" 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date C / - A Proposed Completion Date :a c r t i cZ t7 rj Estimate Value of Construction $ _ 1 Date: Signed: I ti Page 1 of 4 0. TA — .W Description of Pr� rty, C rr rf( V& f.1A i i ;Cnr f )AJ1.1 1) ... 01.c,. w. -j-)Fn1('-ATi0fJ BOOK __a,_PAGE� FOR YOUR INFORMATION K�nK; {tecuntiut! laistrirt Annual rental rate or cost_ J4 . 2 9 2 4'e-. Zonedfor rFl�:nvy 1r.t+�L+�Ta?1A1_ Permits required — R LkI .l- i)1 t-,1 C'r Assessments N)o m F, Insurance Required -4 1 QC), e) Ct U /,b ti Onnn.. ti C'a /- _�O. 0 0 0 Construction must be started by Lo,Tg11.1 ye-`, K000- DATE 0 Cofipletion date for major construction '� THIS APPLICATION WILL BE A PART OF THE LEASE Approvals: Planning Commission By City Council By Receipt Acknowledged by applicant Page 2 of 4 �\ N iitJtuu is aturdi u�; J.)t�lCl�'C r r 4 s. Pe r P i R J II i 11t � 1 1 n � 11 r • LI;/• SI: uutc,_(_rnc:L 5a Rona; Ro ordinn hi„rier THIS AGREEMENT, entered Into thin ff day of .T[�,,, 0 1191219 by and between tha CITY ON KMAI, a home -ruled municipal corpura on of Alaska, heroin - after culled "City," and ROBERT ROPERt Box 48-, Kenai, Alaska 29611 hereinafter culled "Lesson." That the City. in consideration of the payments of the rents and perform- ance of all the covenants heroin contained by the Lessee. does hereby demise and lease to the Lessee the following described property in the Kenai Recording District. State of Alaslts; to wit: TRACT C, KENAI BOAT RAMP: 17.994 ACRES AS IS MORE FULLY SET FORTH IN SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. TERM: (a) The term of this Lease is for IL years, commencing on the _.let day of April I9.L% to the 30 day of June , 2078 at the annual rental of $, 4.562.97 (a) The term of this Lease may be extended by Lessee for 0 sueoessive periods of _Lyears each. by giving written notice to the Lessor not lose then six (6) months prior to the expiration of the theft existing team. Each extended term shall be on the some terms and conditions as provided in this Lease for the luitial term. Lessee will not be permitted to extend the Lease beyond the extended term. Any termination of this Lease during the initial term or during any extended term shall terminate all rights of extension hereunder. PAYMENT: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified heroin shall be payable as follows: (a) Right of entry and occupancy is authorized as of the 1 day of A ri IM. and the first rent shall be computed from such date until June 30, I=&. at the rate of S 12.50 per day for 91 days, equals $ 1,137.50 plus tax now due. (b) Annual rant for the fiscal year beginning July 1 and ending June 80 shall be payable in advance on or before the first day of July of each year. if the annual rout 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 thereafter. (a) Rental for any period which is less then one (1) year shall be prorated based on the rate of the lost full yeer. .-..�-•:-•••.T _.�. .. •�.: (d) The rent specified heroin is calculated as follows: MqMWVzkat S 4,250 por bftiln=fa W per year, or S 1,562,97 per year. acre at 68 In addition to the tents specified above, subject to General Covenant No.10. the lessee agrees to pay to the City fees as hereinafter provided; fisments for public IMnroroperty (i:) Taxes pertaining to the lco::ehgld interest of the Lessee. IXASE - Page 1 Ravi,.ed 10/25/78 di _..--.— 7Vw��PAG1._ &Or il�nu lin�n,r;ir� Di�trin (c) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (d) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the Leased Property. (a) Interest at the rate of eight percent (68) per annum and ten percent (10%) penalties on any amount of money owed under this Lease which is not paid on or before the date it becomes due. (g) Lessee understands that upon execution of this lease the lands herein demised become taxable to the extent of its leasehold interest and Lessee shall pay all real property taxes levied upon such leasehold interest in these lands. (h) Lessee agrees to pay all sales taxes due on payments under this lease and to collect all sales taxes applicable to its operations. (i) Lessee agrees to pay all special assessments for public improvements levied by the City of Kenai, as if Lessee were considered legal owner of leased property. The purpose for which this Lease is issued is: SMALL BOAT HARBOR, BOAT RAMP, GRID, PUEL DOCK AND 100 PEET BY 60 FEET WAREHOUSE AND RELATED FACILITIES AND OTHER THAN HARBOR RELATED COMMERCIAL PURPOSES COMPATIBLE WITH ZONING ORDINANCE ON LAND NOT FRONTING ON HARBOR. GENERAL COVENANTS 1. BONA FIDE PUBLIC USER: For purposes of this lease, bona fide public users all mean a person or entity desiring to use the demised premises for one or more of those purposes set out in the Paragraph below. 2. USESS As of the date hereof, Lessee may conduct only the foll-o-wing activities on the demised premises: (a) Small boat harbor, boat ramp, grid, for use by lessee and bona fide public users. (b) Marine,fueling facility for use by Lessee and bona fide public users. (c) One Hundred (100) feet by sixty (60) feet warehouse and related activities including but not limited to boat repair facilities. . (d) Other than harbor related commercial purposes compatible with zoning ordinance uses on portions of the land not fronting upon the harbor or interfering with harbor -related operations, provided that prior approval will be obtained by the lessee from the City Council after review by the Advisory Zoning S Planning and Advisory Harbor Commissions, which approval will not be unreasonably denied. The criteria used in reviewing such non -harbor related use is whether such use would significantly interfere with harbor -related activities. LEASE - Page 2 INITIALS LESSEES P. !� LESSOR:7+C f Koni Rorordin.r 1)i�rrin 3. PURPOSES: In General, Lessee may use the domised promises for any of the following purposes only: (a) Public docking facilities. (b) Maritime commerce. (c) Transportation. (d) Other than harbor -related commercial purposes compatible with the zoning ordinance in certain areas and to the extent as approved by the City Council. 4. USESs Except as provided herein, any regular use of lands or fee ties without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as terminals, automobile parking areas, and streets. 5. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or the promotion or operation oany part or kind of ; business or commercial enterprise, other than as specifically not forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 6. ASSIGNMENTs (Not for collateral purposes) Lessee with City's wr ten consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee (Leasehold Estate) hereunder except assignments for collateral purposes will be allowed pursuant to the provision of paragraph 36 herein. 1 Any assignee (except assignees for collateral purposes, which will conform to the provisions of Paragraph 38 instead of this paragraph) of part or all of the leased premises shall assume the duties and obligations of the Lessee as to the such part or all of the leased premises. No such assignment, 1 however, will discharge Lessee from its duties and obligations hereunder. 7. SUBLETTINGs 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 i by the Lessee herein. Any subleases of the demised areas designated for public use hereunder shall be restricted and regulated in terms of rates, etc., in the same manner as provided in this lease. Storage of personal property on the demised premises shall not be construed as a sublease. 8. TREATMENT OF DEMISE: The Lessee agrees to -- -- keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the city. At the expiration - — -.- of the term fixed, or any sooner determination of the Lease, the y i Lessee will peaceably and quietly quit and surrender the premises to the City. i 9. PAYMENT OF RENTS Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. i t LEASE - Page 3 INITIALS LESSEE s J �t E f LESSOR:� l YA -.. - —r f- _K�& YAGI;_,LW K.ne- RP,'Vrriin, h°,rr„ 10. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable an 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. 11. DEFAULT - RIGHT OF ENTRY: Should default be made in the payment of any portion othe rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall give Lessee thirty (30) days after such written notice to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, remove all persons therefrom. 12. RENT ESCALATIONS In the event this Lease is for a term in excess of five years, the amount of rents or fees specified herein shall, at the option of either party, be subject to redetermination for increase or decrease based on fair market value at intervals of five (5) years from the lot day of July proceeding the effective date of this Lease. No increase or decrease in the amount of rents or fees shall be effective, except upon ninety (90) days written notice. Fair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted Aa-'O..-A ...,a_„q,,,,,.,,,. ,.,,.,,., and for which it is capable of being used." At each five (5) year interval, the fair market value shall be determined by qualified independent appraisers. The redetermined lease rate, annual rent, under this provision shall be limited to a fifty (50%) percent increase in the prior lease rate until the 30th year anniversary of the lease after which the 50% cap provision shall no longer apply and the lease rate shall be redetermined every five years on the basis of fair market evaluation as indicated above. if the City and Lessee are unable to agree on the appropriate rent redetermination, if any, as above provided, on or before May 1st of the year in which the rent shall be adjusted, City and Lessee shall jointly select an appraiser from the regular Alaska membership of the Society of Real Estate Appraisers or the American institute of Real Estate Appraisers, or the successor body of either group who has been properly designated M.A.I. or S.R.E.A., or S.R.P.A., or any future similar designation which denotes proficiency in the appraisal of commercial property and is recognized as such by either of the above two groups or their successor bodies. The written report of the above selected appraiser on the appraised fair market value of the Leased Property (using the aforesaid definitions and methods) shall be conclusive and binding on the City and Lessee for the purpose of adjusting the rental, unless either City or Lessee object to such appraised value. The cost of the appraisal report shall be shared equally by the City and the Lessee, even if objected to by either party. If the City and Lessee cannot agree on one appraiser as above provided, or either objects to the written report of the appraiser as above provided, the City and Lessee shall each select an appraiser from either of the above groups who holds any of the above -required designations. Either party may select th appraiser who was jointly selected as above provided and whose report was rejected. These two appraisers shall select a third appraiser from either of the above groups and who holds any of LEASE - Page 4 INITIALS LESSEE: LESSORS' " " N TA rr- - —.- ,- _ _ _ r _ _ __-_, w�n�� ks�n►r+inr ni,►riM the required designations. The appraised fair market value agreed upon in writing by two of these appraisers, or upon failure of any two to agree, the average value of the two appraisals closest to each other, shall be conclusive and binding upon City and Lessee for the purpose of adjusting the rental. Each party shall pay the fee of its selected appraiser and one-half the fee of the third appraiser. 13. LEASE UTILIZATIONs Leased lands shall be utilized for purposes within t e scope of the application (made a part of this Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. i 14. CONDITION OF PREMISES: The premises demised f herein are unimproved and are ease on an "as is, where is" ' basis. 15. CONTROLLED ACCESS: Lessee, for its own protection, may construct or install fences, gates or other types of barriers to restrict access to portions of the demised premises, provided open access is maintained during posted hours and keys or other means of access are available to bona fide public users at times other than such posted hours. 16. POLICE POWER: Lessee shall have those powers of regulating peoples antra fc on, or excluding the same from the dock area as are reasonably necessary to insure that dock operation is safe and efficient. 17. OFFER TO LEASE ACCEPTANCES The offer to lease is made subject to applicaSI-e-fa-w-9--a-0 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. 18. UNDERLYING TITLES The interests transferred, or conveyed by this Lease are sub Teat to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interests to the City. 19. RIGHT OF INSPECTIONS City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 20. INSURANCEs Lessee covenants to save the City harmless from all act —ions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the Lessee agrees to arrange and pay for all the 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. LEASE - Page 5 INITIALS LESSEE, Jt •r�� LESSORs� F- -_ TA ..- e:,.�n��e•Alrt• I,enri ksrordinv District (b) Losses agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City, if applicable. (e) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation or 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. (a) Cross Liabilit t It is understood and agreed that the insurance afforded Ey this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other named insured. (f) The insurance procured by Lessee as herein required shall be issued in the name of the Lessee and the City by a company licensed to do business in the State of Alaska, and shall contain endorsements that (1) such insurance may not be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company; and (2) Lessee shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance. (g) The amount of insurance coverage required above may be subject to review for increase at each five (5) year renegotiation of the Lease. (h) Upon review by the Kenai Advisory Harbor Commission, the lessee may be required to obtain such other insurance protecting the City and lessee that may be necessarily required or advisable owing to the particularities of the harbor related activities on the lease hold interest. 21. INSURANCE OF USERS; Lessee, for its own protection, may require bona de pub is users to execute agreements holding Lessee harmless from actions arising out of users' operations and may require such bona fide public users to show proof of public liability insurance covering their operations on the demised premises in such amounts as will adequately protect them. 22. ACCOUNTING OBLIGATION: Lessee agrees to furnish the City an annua sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. 23. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees or of er consideration wh 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, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 24. EASEMENT GRANTS RESERVED: City reserves the right to grant and contcasements in, or above the land leased. No such grant or easement will be made that will unreasonably LEASE - Page 6 INITIALS ' LESSEE: LESSOR: �- LY r f )(ft ••�n�i ktvur rA(,h� 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 promises. 28. LEASE SUBORDINATE TO FINANCING_ REQUIREMENTS$ Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 26. SURRENDER ON TERNMATIONs Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver up the premises Into the possession and use of City without fraud or delay in good order, condition and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than those created by for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings and improve- ments and building equipment shall automatically vest in City without requirement of any deed, conveyance or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge and deliver the same and shall pay any charge, tax and fee asserted or imposed by any and all governmental units in connection herewith. 27. RULES: Lessee shall observe, obey and comply with all applicable ru es, etc., of the State or Federal Governments. (a) City reserves the right to adopt, amend and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by City shall become applicable unless it has been given thirty (30) days notice of adoption or amendment thereof. (b) Lessee, in the conduct of its operations on the demised premises, shall observe, obey and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over Lessee or Lessee's conduct of its business. (e) City shal' not be liable to Lessee for any diminution or deprivation of possession, or of its rights hereunder, on account of the exercise of any such right or authority as in this Section provided, nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate heroin created, • by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this Lease by operation of law in accordance with the Laws of the state of Alaska and of the United States made applicable to the states. 28. AIRCRAFT OPERATIONS PROTECTED: (a) There is hereby reserved to the City, its successors and assign3, 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 LEASE - Page 7 INITIALS LESSEE: +� l LESSOR- "PE- r sX..�NACF_ 8s9 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 11 are approved by the City, the City to the extent of those improvements releases the easement here expressed.) (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Pederal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors, or assigns. 29. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONS City hereby agrees afid covenants that the Lessee, upon paying rent and performing other covenants, terms and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 30. LESSEE TO PAY TAXESs Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City or any other taxlevying body, upon any taxable possessory right which Lessee may have in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in state statutes. 31. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct ji of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, f and shall at all times remain that of landlord and tenant. 11. DEFAULT BANKRUPTCY ETC.: If the Lessee shall make any assignment cr t e one t o creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this Lease. 33. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; LEASE - Page S INMALS LESSEES ,�i I � LESSOR:_ r uua__ --AV rA(rh 8b0 1(ensi fkscnrdinp pistrip (b) In the construction of any improvements on, over, or under ouch land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Coda of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 491, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; 34. PARTIAL INVALIDITY: If any term, provision, condition or part of this Lease is-74WElared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions or parts shall continue in full force and effect as though such declaration was not made. 35. PAROLE MODIFICATIONS: It is mutually understood and agreed that this agreement, as wr tten, covers all the agreements and stipulations between the partiesr and no representations, oral or written, have been made modifying, adding to, or changing the terms hereof. 36. WARRANTYs The City does not warrant that the property which is the sub eet of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 37. FINANCING: (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the leased premises and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall -be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the Lessee's interest in such Lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such landing institution shall have the privilege of transferring its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee, whereupon such lending institution shall be relieved of LEASE - Page 9 INITIALS LESSIEs_]_- l LESSOP.s � 1 "Onsi Rorordint, I)ietrid any further liability under such lease from any after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such Lease, shall be relieved of any further liability under such Lease from and after a transfer of such Lease. (b) A leasehold mortgagee, beneficiary of a _. deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee. (c) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the Lease, a written notice containing the name and post office address of such holder, and City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. (d) If, by reason of any default of the Lessee, either this Lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new Lease with - the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditiona: (1) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new Lease within twenty (20) days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under this Lease. (2) Such mortgagee, beneficiary or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease, any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Leases but for such termination and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (3) Such mortgagee, beneficiary or security assignee shall, on or before the execution and delivery r•,.. �` , of such new Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform such conditions. (e) If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, LEASE - Page 10 INITIALS LESSEE: �` = 1 LESSOR:� • C �r r "V—,L;',wL ba Kenai keconlins Uigtrin nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City in unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 38. AMENDMENT OF LEASE: Notwithstanding anything to the contrary, in -order to aid the Lessee in the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary or security assignee under any interim or permanent loan on the security of the leasehold interest of the Lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this Lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's rights hereunder nor be such as to alter in any way the rental obligations of the Lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands, and to all applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 39. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable'laws, ord nances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. Lessee further agrees it will not permit any unlawful occupation, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto. 40. CARE OF PREMISES: Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 41. LESSEE'S OBLIGATION TO REMOVE LIENSs Lessee will not permit any liens includIng, but not 1 m to to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. 42. CONnrMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation LEASE - Page 11 INITIALS LESSEE: LESSOR P ,, r L�►_1 rar:>r9L nu Repnrdinv [)btrin arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be deter- mined by arbitration provided in Item 43 hereof. 43. ARSITRATIONS (a) In the event the parties shall be unable to agree as to any matter provided for in this Lease except as to the amount of the 5 year rent redetermination amount which is handled pursuant to Paragraph 13, such dispute shall be determined by three (3) disinterested arbitrators, one of them shall be chosen by each of the parties hereto and the third by the two (2) so chosen. (b) The party desiring arbitration, as aforesaid, shall give notice in writing to the other party of such desire, naming the arbitrator selected by it, and 5 days after giving of such notice the other party shall select its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) days after their selection, to agree upon the third, then the Superior Court of the State of Alaska shall, on request of the party not in default or upon the request of either party if neither is in default, appoint within fifteen (15) days after such request, an arbitrator, or arbitrators, to fill the place or places remaining. (c) The decision of any two (2) of the arbitrators in conformity with the foregoing direction shall be final and conclusive upon the parties hereto. The decision of the arbitrators shall be in writing, signed in duplicate by any two (2) of said arbitrators, and one copy shall be delivered to each of the parties hereto. (d) Except as specifically provided for in subsection (a), (b) and (c), the Uniform Arbitration Law of Alaska shall govern the arbitration(s) contemplated herein. 44. SURRENDER: At the expiration of the term fixed or any sooner term nat on of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 45. PROTECTION OF SUSTENANTSS To protect the position of any subtenants hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, •• -•- -• expiration or surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full elapsed portion of the term of the sublease, including any extensions or renewals thereof not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract 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 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. LEASE - Page 12 INITIALS 7 LESSEES LESSORS 0, •_.._L'L�._Icur. 8� b Kenai Recording Uitrriet 46. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations or assignment as are provided for heroin. 47. GOVERNING LAW: This indenture of Lease shall be governed in ali respects by the This of the state of Alaska. 48. NOTICESs (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed as follows: To City: City Hall -City of Kenai P 0 Box 580 Kenai, Ak 99611 To Tenants Mr. Robert Roper P 0 Box 48 Kenai, Ak 99611 The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 49. RIGHTS OF MORTGAGEE OR LIENHOLDERs In the event of cancellation or forfeiture of a ease or cause, the holder of a properly recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original Lease. 50. ENTRY AND RE-ENTRYs In the event that the Lease should be terminated as here efore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during the said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 51. FORFEITURE OF RENTAL: In the event that the Lease should be term noted because o any breach by the Lessee, as herein provided, the rental payment last made by the Lessee shall be forfeited and retained by the Lessor as partial or total liquidated damages for said breach. 52. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lease, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such LEASE - Page 13 INITIALS LESSEE: - LESSOR: PAUL CA6 K�n�, Re•�urding Diurie: covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipts 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 extend 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 receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 53. 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. 54. FIRE PROTECTIONS 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 Piro protection within the area wherein the leased premises are located. 55. PERSONAL USE OF MATERIALS: All coal, oil, gas and other minerals and all de5300to of stone or gravel valuable for extraction or utilization and all materials subject to Title 11, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes: provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 56. MUTUAL CANCELLATION: Leases in good standing may be cancelled in who a or in part at any time upon mutual written agreement by Lessee and the City Council. S7. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to use or an unlawful purpose. 58. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of leases does net relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 59. USE CHARGESs Lessee may make reasonable and non-discriminatory c arges to the public for use of any of its facilities. Before any such charges are made, approval of rates must be obtained from the Council of the City of Kenai, as well as any other regulatory agency having jurisdiction over such rates. if request for rate approval is not acted upon by the City within thirty (30) days of submission by Lessee to the City Clerk, such rates shall be deemed approved by City. It is expressly recognized that Lessee is entitled to a margin of profit, which should be fair, reasonable and competitive, and that City will cooperate to this end in considering rates, fees, rules and regulations as well as in the interpretation of provisions of this contract. 60. PUBLIC FORT: it is expressly understood that City intends the lands subject to this lease be used in order to develop a small boat harbor, boat ramp and fuel dock as a publ*c service to the citizens of Kenai. %•' I. LEASE - Page 14 INITIALS LESSEE: II LESSOR: L� I tll 6_ W NA(;h_8 j6 Rnnv Re dingy District 61. ANNUAL REPORTS Lessee shall submit to City each year on or about MarcY15, an annual report on its operations, particularly those services and facilities offered to the public, whether on a fee or non -fee basis. 62. MAINTENANCE OF DOCK: Lessee covenants that it will maintain the dock facilLti in reasonably safe condition and in accordance with applicable state and federal standards. 63. TIDELANDS CLAIMS: It is agreed and understood that the Lessor leases the sub ect-Tand to lessee subject to any • preference rights claims made pursuant to the provisions of Alaska Statute 38.05.320 or any ordinance of the City of Kenai adopted pursuant thereto, and the lessee holds lessor harmless for any damages, legal expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. 64. SUBJECTION TO HARBOR ORDINANCES It is agreed and understood that this lease is su eat to the terms, conditions and regulations imposed by Title 1I, Harbor a Harbor Facilities, of the 1963 Kenai Code of ordinances as amended and all ordinances and regulations that may hereafter be enacted thereunder. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. CITY OF KENAI ...,..- ,. B y/ vl� s 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 JOHN E. WISE, City Manager of the City of Kenai, known to be the person who executed the above Lease and acknowledged that he had the authority to sign the same, for the purposes stated therein. ln&4- NotaryUPublic in and for A ag [ I i " My Commission Expires LESSEE • Y • CORPORATION ACKNOWLEDGMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared and , known to me to be the persons and officers whose names subscribed to the foregoing Lease, who being duly sworn, did say that they are the President and respectively, of Company, a Corp— oration, an acknowledged to me that they executed said Lease as their LEASE - Page 15 INITIALS / LESSEE: /l� LESSOR: Ksnu Recnrdinv Di8t j,, free act and deed in their said capacities, and the free act and deed of said corporation, 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 EXPIRES$ INDIVIDUAL ACKNOWLEDGMENT(S) STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) on this /O day of (20'Ll --• 1979, before me personally appeared r.-.& , F; ' L i,of -P known to be the person who executed the above Lease and acknowledged that he (she) had the authority to sign the same, for the purposes stated therein. otaz;y" y Public in ansl for A149ka My Commission Expires* ACKNOWLEDGMENT FOR HUSBAND 6 WIPE LESSEE STATE OF ALASKA ) )se THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared and , husband -and wife, both known to be t e persons whose names are subscribed to the foregoing Lease, and acknowledged to me that they executed the same as their free and voluntary act and deed, and for the purposes and considerations therein expressed. GIVEN UNDER 19Y HAND AND SEAL OF OFFICE, this _ day of 1979. Notary Public in and for Alaska My Commission Expiress LEASE - Page 16 INITIALS LESSEE*_ LESSORs 11111111011 11111 ouuh All Kenai lTOrO;d7f::(p .7 77 Are -i I.Oup W-003057 AM Z4 1145 43 '79 ed-2, AP"Ir-01171 rs �. „ITY OF KENAI P. 0. Box 580 . KENAI, ALASKA . PHONE 283.7535 10CAN LEASE APPLICATION Name of Applicant_ A"" " e-ti Address 1?0,( cf jr Business Name and Address �• Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if applicable) Telephone 9, :K? _ U &l 1 (Check One) Lease A--- Permit Lot Description -e- 17. else Desired Length of Lease: p7 , U.'L Property to be used for �',�„ �� j��=�% ,v L o , .e4 Description of Developments (type,l construction, size, etc.) Attach development plan to scale (111 = 501), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date J,„ iar 1' Proposed Completion Date4,tA 1q T c/ Estimate Value of Construction k I Date: 7 Signed: a Page 1 of 4 Description of PropcJ yt? r. ,,— FOR YOUR INFORMATION Annual rental rate or cost T. �r�,� , 9*) Zoned for 1\, `.. Permits required Assessments Insurance Required_ 1 C3 Construction must be started by Completion date for major construction_ THIS APPLICATION WILL BE A PART OF THE LEASE Approvals: Planning Commission By City Council By Receipt Acknowledged by applicant Page 2 of 4 T-1 - - j BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to .scale. � Scale: 1" = ft. Construction Materials: (wood frame, steel building, etc.) I THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE iv--- } Note: If you have had drawings made, attach to this application and lregard this page, filling in construction materials only. i Page 3 of 4 F . r r r _ i - LAYOUT PLAN On this sheet submit a drawing showing the layout of the lot applied ` for and the location of all improvements proposed. (i.e. parking r lot/lots, buildings, etc.) Completion of this drawing should give a clear idea of where each improvement proposed will be on the lot. Scale: l" - ft. Page 4 of 4 rr WMIQ^% oetvcm IMMILW VICIORM Cap TW'AC= --75 1 lie/ov,x` /, �•L�2'�-ems . -- -7-b 00